The Spider and the Fly Essay Example

The Spider and the Fly Paper In the famous poem The Spider and the Fly written in 1829, Mary Howitt writes of a spider who cunningly persuades a fly to visit his parlor through flattery and carefully chosen words. The fly at first resists, but eventually falls prey to vanity, and, when the spider has disappeared, flutters Into the parlor, only to be pounced upon and devoured for dinner. On the literal level, the spider uses meiosis to tranquilize the flys fears of the web, and all its implications (flrst and foremost: inevitable doom). By simply referring to it as a parlour the spider is able to negate all the negative onnotations of a spiders web, and the actual ramifications of entering such a web: death. A web is where a spider kills and feasts upon its prey, but through meiosis the spider replaces web with parlour, which simply is a place while people drink- thereby not specifying who will be drinking (the spider) and what hell be drinking (the spiders blood). Understanding the cultural and historical context is the single most important factor in determining the underlying meaning of this poem. Critical analysis Seths poem Is In the form of a story narrative; a parable that seeks to teach as It peaks. The frog Is an unmusical fellow, who nevertheless sings through the night causing his neighbours a lot of discomfort. He refuses to be cowed by any form of restraint and remains the neighbourhood bully. When the nightingale astounds everybody with her beautiful voice, ther frog found himself jealous and upset with her presence and he set about systematically eliminating his rival through a sinister plot. Her realises that she has no notion of her abilities. He makes use of that. He makes her believe that he is a maestro and a music critic. He keeps putting her abilities down. He drives her relentlessly and makes money off her as her tutor as well as from people who wish to listen to her. Soon she breaks down and dies and the frog rules the roost again. The bog once again echoes with the unmusical croaks of the frog. The Spider and the Fly is a poem by Mary Howitt (1799-1888), published In 1829. The first line of the poem is Will you walk Into my parlor? said the Spider to the Fly. We will write a custom essay sample on The Spider and the Fly specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Spider and the Fly specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Spider and the Fly specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The story tells of a cunning Spider who ensnares a naive Fly through the use of seduction and flattery. The poem is a cautionary tale against those who use flattery and charm as a front for potential evil. the poem concerns a very eloquent spider trying to entire a beautiful fly into his manor. The artwork is very detailed and in a simple black and white scheme. The poem itself is very straightforward and the rhyming pattern is very catchy which. The conflict is between the Spider and the Fly but has a deeper understanding and moral to that. The moral of the tale is that not everyone who flatters and acts friendly really is. Sometimes the very worst things in ife lurk beneath pretty, flowery words. The spiders cunningness stands contrasted with the Innocence of the fly, but the spider succeeds only because the fly Is prone to flattery and Is gullible. Assay By shbhmasthana In the famous poem The Spider and the Fly written in 1829, Mary Howitt writes of a spider has disappeared, flutters into the parlor, only to be pounced upon and flys fears of the web, and all its implications (first and foremost: inevitable doom). By not specifying who will be drinking (the spider) and what hell be drinking (the Seths poem is in the form of a story narrative; a parable that seeks to teach as it speaks. The frog is an unmusical fellow, who nevertheless sings through the night everybody with her beautiful voice, ther frog found himself Jealous and upset with of the frog. The Spider and the Fly is a poem by Mary Howitt (1799-1888), published in 1829. The first line of the poem is Will you walk into my parlor? said the Spider to with the innocence of the fly, but the spider succeeds only because the fly is prone to flattery and is gullible.

Reading Comprehension When Applying for a Job

Reading Comprehension When Applying for a Job The perfectly composed resume will fail to impress an HR professional unless it underscores the skills and experience your prospective employer needs. To determine what the company is looking for, you must learn how to search for the clues in the job posting. Then, you can tailor your resume and cover letter.   To test your job post comprehension  read the following advertisements and answer the questions below: Needed: Full-time secretary position available. Applicants should have at least 2 years experience and be able to type 60 words a minute. No computer skills required. Apply in person at United Business Ltd., 17 Browning Street.Are you looking for a part-time job? We require 3 part time shop assistants to work during the evening. No experience required, applicants should between 18 and 26. Call 366 - 76564 for more information.Computer trained secretaries: Do you have experience working with computers? Would you like a full-time position working in an exciting new company? If your answer is yes, give us a call at 565-987-7832.Teacher Needed: Tommys Kindergarten needs 2 teacher/trainers to help with classes from 9 a.m. to 3 p.m. Applicants should have appropriate licenses. For more information visit Tommys Kindergarten in Leicester Square No. 56.Part Time work available: We are looking for retired adults who would like to work part-time at the weekend. Responsibilities include answerin g the telephone and giving customers information. For more information contact us by calling 897-980-7654. University positions open: The University of Cumberland is looking for 4 teaching assistants to help with homework correction. Applicants should have a degree in one of the following: Political Science, Religion, Economics or History. Please contact the University of Cumberland for more information. Comprehension Questions Which position is best for these people? Choose ONLY ONE position for each person. Jane Madison. Jane recently retired and is looking for a part-time position. She would like to work with people and enjoys public relation work. The best job for Jane is _____Jack Anderson. Jack graduated from the University of Trent with a degree in Economics two years ago. He would like an academic position. The best job for Jack is _____Margaret Lillian. Margaret is 21 years old and would like a part-time position to help her pay her university expenses. She can only work in the evenings. The best job for Margaret is _____Alice Fingelhamm. Alice was trained as a secretary and has six years of experience. She is an excellent typist but does not know how to use a computer. She is looking for a full-time position. The best job for Alice is _____Peter Florian. Peter went to business school and studied computer and secretarial skills. He is looking for his first job and would like a full-time position.​​ The best job for Peter is ____Vincent san George. Vincent loves work ing with children and has an education license from the city of Birmingham. He would like to work with young children. The best job for Vincent is _____ Once youve found the best job for each person, check your answers below. Answers Which position is best for these people? Jane Madison. Jane recently retired and is looking for a  part-time position. She would like to work with people and enjoys public relation work. The best job for Jane is  5Jack Anderson. Jack graduated from the University of Trent with a degree in Economics two years ago. He would like an academic position. The best job for Jack is  6Margaret Lillian. Margaret is 21 years old and would like a part-time position to help her pay her university expenses. She can only work in the evenings. The best job for Margaret is  2Alice Fingelhamm. Alice was trained as a secretary and has six years of experience. She is an excellent typist but does not know how to use a computer. She is looking for a  full-time position. The best job for Alice is  1Peter Florian. Peter went to business school and studied computer and secretarial skills. He is looking for his  first job  and would like a  full-time position. The best job for Peter is  3Vincent san George. Vincent loves working w ith children and has an education license from the city of Birmingham. He would like to work with young children. The best job for Vincent is  4

How to Give a Great Presentation

How to Give a Great Presentation How to Give a Great Presentation Giving a presentation is, for many students, a stressful experience; even the most studious of us can find ourselves lost for words when faced with a roomful of expectant faces, gazing out in quiet anticipation. But being able to give an oral presentation is vital for your education and can help your career prospects. Rather than feeling nervous about it, you should therefore think of giving a talk as a chance to develop your communication and presentation skills. There are plenty of things you can do to make giving a presentation go smoothly too, including the following†¦ Practice, Practice, Practice! It’s an obvious place to start, but practicing your presentation will help make sure it goes perfectly on the day. Factors to consider include timing, the structure of your talk and the kind of questions your audience might ask. You should try reading your presentation out loud, as if to an audience. If you have a few willing friends, they could even listen, ask questions and give you feedback. Alternatively, you could also give your presentation to the mirror or record yourself and listen back afterwards. Be Prepared†¦ On the day before your presentation, try to get a good night’s rest. Likewise, on the day, make sure you eat healthily so you’ll have the energy required to engage with your audience. Moreover, try to turn up around fifteen minutes before your presentation is due to begin, or however long you need to settle in and set up any resources you plan to use, such as laptops, projectors or handouts. Be Confident Easier said than done sometimes, but even pretending to feel confident will help you communicate clearly while giving your presentation. Good tips include dressing smartly, making eye contact with your audience and not feeling like you have to apologize for yourself. If you need a moment to gather your thoughts at any point, stopping briefly to take a sip of water will allow you to think (and keep you hydrated). This can be especially helpful when answering audience questions. Be Heard! It’s important to make yourself heard when giving a presentation. This means addressing the entire audience (not just the first row), speaking at a steady pace (not rushing) and vocalizing clearly (not speaking into your chest). It’s a good idea to have notes to guide your presentation, but try not to just read them out loud, as this is often unengaging for an audience. Use Visual Aids These days, most presentations are accompanied by visual aids, such as hand outs and PowerPoint slideshows. These can be a great addition to your talk, but try not to rely on them too much.

Controversy of Pre-natal Diagnosing Research Paper

Controversy of Pre-natal Diagnosing - Research Paper Example According to medical professionals, policymakers and other interest groups, prenatal testing provide parents the choice of therapeutic abortion freeing them from reproductive risk by preempting the birh of a child with a genetic disease thus liberating them from the financial and emotional burden and distress that the child and the family may experience from â€Å"interpersonal, intrafamilial and intergenerational relations† (Ekberg, 2007, 67). The idea was to detect fetal defect and to give expectant mothers â€Å"choices† if possible abnormality in the fetus is detected. While this may seem to be a medical breakthrough of giving expectant mothers advance information about the health and well being of their upcoming babies, this has however raised a number of disturbing issues. Rather than focusing more on the health and well being of both the babies and the mother, the issue redounded to a cold hearted cost benefit assessment that it will be more cost efficient to â⠂¬Å"terminate a birth† than to spend for the care of a disabled child. ... It also assumes that a fetus which has been diagnosed with abnormality through prenatal diagnosing will have no chance to live a productive, meaningful and rewarding life. It immediately passed a judgment that a child with disability will become an automatic liability to the family and society without a chance to recover nor to live a meaningful life. It is an assumption that is based on the impression on what is probable without inquiring on the state and well-being of the disabled child and his/her families. It also reinforces an intolerant society that discriminates against a trait and persons that does not fit to what the generally constructed concept of normalcy in society. Where before parents had control as to the quantity of childbirth, now it seeks control as to the quality of a child by terminating the birth of a fetus that may have potential defects. It is an impression that is misinformed because when studies were made â€Å"on children and families affected by disabilit ies indicated that disability does not preclude a satisfying life (Asch, 1999, 1649). Further, in a study conducted in 1995 revealed that a child’s disability did not affect the lives of their families and the needs and concerns of those family with disabled child were strikingly similar compared to a family with a normal child. What was distinguishable was only the complexity of the arrangement that is needed to balance the responsibilities at work and home (qtd. in Freedman et al, 1995) , Asch furtherly articulated that â€Å"these professions fail people with disabilities, by concluding that because there may never be full physical recovery, there is never a regrouping of physical, cognitive, and psychological resources with which to participate in a rewarding life (Asch, 1999, 1650).

Journal research Essay Example | Topics and Well Written Essays - 500 words

Journal research - Essay Example The introduction gave a brief description of body mass index ( BMI) as a measure for obesity.The historical background of the research is focused on the increased cardiovascular risk for obese children. The importance of measuring BMI and its validity in establishing obesity was a good platform in establishing a good hypothesis. The study was conducted no less than one of the authors ( Pietrobeli) with another group of researchers. Studies citing complications that arose from obese children in a 40 yr follow-up study by Jacques et al in was presented. Accordingly, the study by Jacques revealed that childhood obesity did not only result to diabetes but led to increased mortality due to coronary artery disease as well. The present study hypothesized that early childhood obesity along with a sedentary lifestyle increases the risk for diseases such as type 2 diabetes and cardiovascular diseases. This translates to higher incidence of mortality when these children become adults. For the methods section, a comparative survey that compares the BMI across teens in the US was used. The cited study was done by Lissau et al published in 2003. The method engaged was a cross-comparison of incidence of obesity in teens in US against teens in Europe. The comparison resulted to the conclusion that occurrence of obesity in US teens is three times higher than European counterparts. Unfortunately, much cannot be said about statistical data since the study was just referenced in the journal Much of the given conclusions were summaries of compiled studies. In fact, the journal is more like of an informative and persuasive article that warns the public of the dangers of childhood obesity. The journal also comments on what directions , programs and policies that European Commission must do so that European teens would not experience same situation as American teens. The suggestions posed by the researchers were interventions

Business Law Essay Example for Free

Business Law Essay What is Business Law? Businesses interact in many and varied ways. To name just a few types of business transactions, there are contracts, mergers and acquisitions, leasing, etc. How these transactions are carried out is overseen by Business Law. Additionally, how businesses are formed is a large part of Business law. This area of law is very wide-ranging, although it deals primarily with defining the rights and responsibilities of businesses, rather than enforcing these laws. Because of its extensive scope, Business law has spawned a large number of legal practice area subcategories, which include Sales and Secured Transactions, Banking, Landlord-Tenant, Mortgages, Real Estate Transactions, Debtor and Creditor, Bankruptcy, Consumer Credit, Negotiable Instruments, and Contracts. Business law and Commercial law are very closely related, so much so that the terms are often used interchangeably and the legal issues they address frequently overlap. The Uniform Commercial Code (UCC) is the principal presiding authority over commercial transactions. * Business.gov Business.gov helps small businesses understand their legal requirements and locate government services from federal, state and local agencies. Business.gov is an official site of the U.S. Small Business Administration. * Commercial Law / Business Law Definition Commercial law (sometimes known as business law) is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange and partnership. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. * Compliance with Business Laws Most aspects of running a business have some legal consequences. Whether your business is just starting up, expanding, or winding down, you must comply with the federal, state, and local laws that govern your business activities. * Employment Law for Businesses A great many common law rulings, statutes, administrative rules and legislation make up the practice and interpretation of employment law. Its governance falls under the umbrella of both federal and state statutes, as well as administrative regulation and judicial precedent. When workers file claims for employment discrimination, unemployment compensation and workers’ compensation, these claims fall under employment law. Likewise, overseeing workplace safety and standards, fair wages, retirement and pensions, employee benefits, and much more, are part of this wide-ranging legal area. Employment law deals with both the employer and the employee’s actions, rights and responsibilities, as well as their relationship with one another. A well-known, prevalent administrative regulatory body for employment law is the Department of Labor, which exists on both the federal and the state level.The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given. * Self-Employment Assistance Self-Employment Assistance offers dislocated workers the opportunity for early re-employment. The program is designed to encourage and enable unemployed workers to create their own jobs by starting their own small businesses. Under these programs, States can pay a self-employed allowance, instead of regular unemployment insurance benefits, to help unemployed workers while they are establishing businesses and becoming self-employed. Participants receive weekly allowances while they are getting their businesses off the ground. * Model Business Corporation Act A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to promulgate laws relating to the creation, organization and dissolution of corporations. Many states follow the Model Business Corporation Act.State corporation laws require articles of incorporation to document the corporations creation and to provide provisions regarding the management of internal affairs. Most state corporation statutes also operate under the assumption that each corporation will adopt bylaws to define the rights and obligations of officers, persons and groups within its structure. States also have registration laws requiring corporations that incorporate in other states to request permission to do in-state business.There has also been a significant component of Federal corporations law since Congress passed the Securities Act of 1933, which regulates how corporate securities are issued and sold. Federal securities law also governs requirement s of fiduciary conduct such as requiring corporations to make full disclosures to shareholders and investors. The law treats a corporation as a legal person that has standing to sue and be sued, distinct from its stockholders. The legal independence of a corporation prevents shareholders from being personally liable for corporate debts. It also allows stockholders to sue the corporation through a derivative suit and makes ownership in the company (shares) easily transferable. The legal person status of corporations gives the business perpetual life; deaths of officials or stockholders do not alter the corporations structure.Corporations are taxable entities that fall under a different scheme from individuals. Although corporations have a double tax problem both corporate profits and shareholder dividends are taxed corporate profits are taxed at a lower rate than the rates for individuals.Corporate law has important intersections with contracts and commercial transactions law. * Securities law A generic term for shares of stock, bonds, and debentures issued by corporations and governments to evidence ownership and terms of payment of dividends or final payoff. They are called securities because the assets or profits of the corporation or the credit of the government stand as security for payment. However, unlike secured transactions in which specific property is pledged, securities are only as good as the future profitability of the corporation or the management of the governmental agency. Most securities are traded on various stock or bond markets. Securities law exists because of unique informational needs of investors. Securities are not inherently valuable; their worth comes only from the claims they entitle their owner to make upon the assets and earnings of the issuer or the voting power that accompanies such claims. The value of securities depends on the issuers financial condition, products and markets, management, and the competitive and regulatory climate. Securities laws and regulations aim at ensuring that investors receive accurate and necessary information regarding the type and value of the interest under consideration for purchase. Securities exist in the form of notes, stocks, treasury stocks, bonds, certificates of interest or participation in profit sharing agreements, collateral trust certificates, preorganization certificates or subscriptions, transferable shares, investment contracts, voting trust certificates, certificates of deposit for a security, and a fractional undivided interest in gas, oil, or other mineral rights. Certain types of notes, such as a note secured by a home mortgage or a note secured by accounts receivable or other business assets, are not securities. * The Setting for Buying and Trading Two principle settings for buying and selling securities exist issuer transactions and trading transactions. On the one hand, issuer transactions are the means by which businesses raise capital. These transactions involve the sale of securities by the issuer to investors. On the other hand, trading transactions refers to the purchasing and selling of outstanding securities among investors. Investors trade outstanding securities through securities markets that can be either stock exchanges or over-the-counter. Stock exchanges provide a place, rules, and procedures for buying and selling securities, and the government heavily regulates them. Generally, to have their securities sold and bought on a stock exchange, a company must list its securities on a given exchange. The Securities and Exchange Commission (SEC) must approve the stock exchanges rules before they take effect. Transactions that do not take place on a stock exchange occur in the the residual securities market, known as the over-the-counter market. Only dealers and brokers registered with the SEC may engage in securities business both on stock exchanges and in over-the-counter markets. Most of the broker-dealers serving the public used to be members of the National Association of Securities Dealers (NASD), which served the NASDAQ stock market, but in 2007, the NASD merged with the dealers from the New York Stock Exchange to form the Financial Industry Regulatory Authority (FINRA) a national securities association registered with SEC. * Securities Regulation Securities regulations focus mainly on the market for common stocks. Both federal and state laws regulate securities. On the heels of the Great Depression, Congress enacted the first of the federal securities laws, the Federal Securities Act of 1933, which regulates the public offering and sale of securities in interstate commerce. This Act also prohibits the offer or sale of a security not registered with the Securities Exchange Commission and requires the disclosure of certain information to the prospective securities purchaser. Then, needing an agency to enforce those regulations, Congress established the Securities Exchange Act of 1934, which created the SEC. Since then, Congress has charged the SEC with administering federal securities laws. The 1933 Acts registration requirements aimed to enable purchasers to make reasoned decisions by requiring companies to provide reliable information. The Securities Exchange Act of 1934 also regulates officers, directors, and principal share holders in an attempt to maintain fair and honest markets. The Act requires that issuers, subject to certain exemptions, register with the SEC if they want to have their securities traded on a national exchange. Issuers of securities registered under the 1934 Act must file various reports with the SEC in order to provide the public with adequate information about companies with publicly traded stocks. The 1934 Act permits the SEC to promulgate rules and regulations to protect the public and investors by prohibiting manipulative devices and contrivances via the mail system or other means of interstate commerce * Partnership Law A partnership is a for-profit business association of two or more persons. Because the business component is defined broadly by state laws and because persons can include individuals, groups of individuals, companies, and corporations, partnerships are highly adaptable in form and vary in complexity. Each partner shares directly in the organizations profits and shares control of the business operation. The consequence of this profit sharing is that partners are jointly and independently liable for the partnerships debts.Creation, organization, and dissolution of partnerships are governed by state law. Many states have adopted the Uniform Partnership Act. A partner relationship is generally the result of a contract either express or implied with no formal requirements (such as a signed document). This is not the case of a limited partnership where one or more general partners manage business operations and assume personally liable for partnership debts while other contributing/profit sharing partners take no part in running the business and incur no liability beyond contribution obligations.) Limited partnerships are governed in many states by the Uniform Limited Partnership Act . State property law also impacts partnerships by defining ownership in a partnership and determining how the death of a partner changes the partnership structure. Federal law plays a minimal role in partnership law except in the context of a diversity action, or in instances where a partnership agreement contains an effective choice-of-law provision designating the application of federal law. Federal law also governs whether a partnership exists for federal tax purposes. For state and federal tax purposes, a partnership is not a taxable entity. Partnership income is taxable to the partners in proport ion to their share in the companys profits. * Small Business Advocacy Despite their importance to the economy, small businesses are heavily burdened by the costs of government regulation and excessive paperwork. Advocacy research shows that firms with fewer than 20 employees annually spend 45 percent more per employee than larger firms do to comply with federal regulations. Advocacy is an independent voice for small business within the federal government and is the watchdog for the Regulatory Flexibility Act (RFA). Advocacy advances the views and concerns of small business before Congress, the White House, the federal agencies, the federal courts and state policy makers. * Mortgage Law An arrangement under which a borrower puts up the title to real estate as security (collateral) for a loan to buy the real estate. The borrower typically agrees to make regular payments of principal and interest to repay the loan. If the borrower falls behind (defaults) on the payments, the lender can foreclose on the real estate and have it sold to pay off the loan. A mortgage involves the transfer of an interest in land as security for a loan or other obligation. It is the most common method of financing real estate transactions. The mortgagor is the party transferring the interest in land. The mortgagee, usually a financial institution, is the provider of the loan or other interest given in exchange for the security interest. Normally, a mortgage is paid in installments that include both interest and a payment on the principle amount that was borrowed. Failure to make payments results in the foreclosure of the mortgage. Foreclosure allows the mortgagee to declare that the entire m ortgage debt is due and must be paid immediately. This is accomplished through an acceleration clause in the mortgage. Failure to pay the mortgage debt once foreclosure of the land occurs leads to seizure of the security interest and its sale to pay for any remaining mortgage debt. The foreclosure process depends on state law and the terms of the mortgage. The most common processes are court proceedings (judicial foreclosure) or grants of power to the mortgagee to sell the property (power of sale foreclosure). Many states regulate acceleration clauses and allow late payments to avoid foreclosure. Some states use instruments called deeds of trust instead of traditional mortgages. Three theories exist regarding who has legal title to a mortgaged property. Under the title theory title to the security interest rests with the mortgagee. Most states, however, follow the lien theory under which the legal title remains with the mortgagor unless there is foreclosure. Finally, the intermediate theory applies the lien theory until there is a default on the mortgage whereupon the title theory applies. The mortgagor and the mortgagee generally have the right to transfer their interest in the mortgage. Some states hold that even when the purchaser of a property subject to a mortgage does not explicitly take over the mortgage the transfer is assumed. Mortgages employ due-on-sale and due-on-encumbrance clauses to prevent the transfer of mortgages. These clauses allow acceleration (having the principal and interest become due immediately) of the mortgage. The law of contracts and property govern the transfer of the mortgages interest. If the mortgage being foreclosed is not the only lien on the property then state law determines the priority of the property interests. For example, Article 9 of the Uniform Commercial Code governs conflicts between mortgages on real property and liens on fixtures (personal property attached to a piece of real estate). When a mortgage is a negotiable instrument it is governed by Article 3 of the Uniform Commercial Code. A mortgage may be used as a security interest by the mortgage. * Strangely enough, the word mortgage comes from the French word â€Å"mort† which means â€Å"dead† and â€Å"gage† from Old English, which means pledge. The term came from the doubtfulness of whether or not the mortgagor would pay the debt. In the 1500’s, if the mortgagor did not pay, then the land pledged as security for the debt was taken away. The land was then considered â€Å"dead† to the mortgagor. Nowadays, the term mortgage is used as a term for purchasing a property. We no longer associate anyone’s death with it. Although a few lucky people may be in a position to pay all cash for a property, home mortgages are required to purchase a home. Mortgages all have a term (typically 15, 20 or 30 years) representing the length of time before your home is paid off and a rate which determines the principal and interest payment that will be required to be paid during this term. * Bankruptcy Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors. This supervised division also allows the interests of all creditors to be treated with some measure of equality. Certain bankruptcy proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts. An additional purpose of bankruptcy law is to allow certain debtors to free themselves (to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in full. Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its Constitutional grant of authority to establish uniform laws on the subject of Bankruptcy throughout the United States.States may not regulate bankruptcy though they may pass laws that govern other a spects of the debtor-creditor relationship. There are two basic types of Bankruptcy proceedings. A filing under Chapter 7 is called liquidation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Bankruptcy involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors. Under Chapter 7, 12, 13, and some 11 proceedings, a trustee is appointed to supervise the assets of the debtor. A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is filed, creditors, for the most part, may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code a lso establish the priority of creditors interests. * Small Business Financing Loans and Grants Federal, state and local governments offer a wide range of financing programs to help small businesses start and grow their operations. These programs include low-interest loans, venture capital, and scientific and economic development grants. * Uniform Commercial Code The Uniform Commercial Code (UCC or the Code), first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America. The goal of harmonizing state law is important because of the prevalence of commercial transactions that extend beyond one state. The UCC therefore achieved the goal of substantial uniformity in commercial laws and, at the same time, allowed the states the flexibility to meet local circumstances. The UCC deals primarily with transactions involving personal property (movable property), not real property (immovable property). * US Department of Commerce The U.S. Department of Commerce has a broad mandate to advance economic growth and jobs and opportunities for the American people. It has cross cutting responsibilities in the areas of trade, technology, economic development, environmental stewardship and statistical research and analysis. The products and services the department provides touch the lives of Americans and American companies in many ways, including weather forecasts, the decennial census, and patent and trademark protection for inventors and businesses. What is the UCC? The Uniform Commercial Code (UCC), a comprehensive code addressing most aspects of commercial law, is generally viewed as one of the most important developments in American law. The UCC text and draft revisions are written by experts in commercial law and submitted as drafts for approval to the National Conference of Commissioners on Uniform State Laws (now referred to as the Uniform Law Commissioners), in collaboration with the American Law Institute. The Commissioners are all attorneys, qualified to practice law, including state and federal judges, legislators and law professors from the United States and its territories. These quasi-public organizations meet and decide whether to endorse these drafts or to send them back to the experts for revision. The revision process may result in several different revisions of the original draft. Once a draft is endorsed, the Uniform Law Commissioners recommend that the states adopt these rules. The UCC is a model code, so it does not have leg al effect in a jurisdiction unless UCC provisions are enacted by the individual legislatures as statutes. Currently, the UCC (in whole or in part) has been enacted, with some local variation, in all 50 states, the District of Columbia, and the Virgin Islands. UNIFORM COMMERCIAL CODE Act 174 of 1962 AN ACT to enact the uniform commercial code, relating to certain commercial transactions in or regarding personal property and contracts and other documents concerning them, including sales, commercial paper,bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities, leases, and secured transactions, including certain sales of accounts and contract rights; to provide for public notice to third parties in certain circumstances; to regulate procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; to make uniform the law with respect there to; to make an appropriation; to provide penalties; and to repeal certain acts and parts of acts. * 1-101. Short Titles. (a) This [Act] may be cited as the Uniform Commercial Code. * 1-102. Scope of Article. This article applies to a transaction to the extent that it is governed by another article of [the Uniform Commercial Code]. * 1-103. Construction of [Uniform Commercial Code] to Promote its Purposes and Policies: Applicability of Supplemental Principles of Law. (a) [The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are: (1)to simplify, clarify, and modernize the law governing commercial transactions; (2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) to make uniform the law among the various jurisdictions. (b) Unless displaced by the particular provisions of [the Uniform Commercial Code], the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, fraud, misrepresentation,mistake, bankruptcy, and other validating or invalidating cause supplement its provisions. * 1-104. Construction Against Implied Repeal. [The Uniform Commercial Code] being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. * 1-105. Severability. If any provision or clause of [the Uniform Commercial Code] or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of [the Uniform Commercial Code] which can be given effect without the invalid provision or application, and to this end the provisions of [the Uniform Commercial Code] are severable. * 1-106. Use of Singular and Plural; Gender. In [the Uniform Commercial Code], unless the statutory context otherwise requires: (1) words in the singular number include the plural, and those in the plural include the singular; and (2) words of any gender also refer to any other gender. * 1-107. Section Captions. Section captions are part of [the Uniform Commercial Code]. * 1-108. Relation to Electronic Signatures in Global and National Commerce Act. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits, or supersedes Section 7001(c) of that Act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that Act. * 1-201. General Definitions. (a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof, have the meanings stated. (b) Subject to definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof: (1) Action, in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined. (2) Aggrieved party means a party entitled to pursue a remedy. (3) Agreement, as distinguished from contract, means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303. (4) Bank means a person engaged in the business of banking and includes a savings bank, savings and loan association , credit union, and trust company. (5) Bearer means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or indorsed in blank. (6) Bill of lading means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. (7) Branch includes a separately incorporated foreign branch of a bank. (8) Burden of establishing a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence. (9) Buyer in ordinary course of business means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the sellers own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the busine ss of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 may be a buyer in ordinary course of business. (10) Conspicuous, with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is conspicuous or not is a decision for the court. Conspicuous terms include the following: (A) a heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language. (11) Consumer means an individual who enters into a transaction primarily for personal, family, or household purposes. (12) Contract, as distinguished from agreement, means the total legal obligation that results from the parties agreement as determined by [the Uniform Commercial Code] as supplemented by any other applicable laws. (13) Creditor includes a general creditor, a secured creditor, and any representative of creditors, including an assignee for the benefit of creditors, a receiver in equity, and an executor or administrator of an insolvent debtors or assignors estate. (14) Defendant includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim. (15) Delivery, with respect to an instrument, document of title, or chattel paper, means voluntary transfer of possession. * International trade law Includes the appropriate rules and customs for handling trade between countries. However, it is also used in legal writings as trade between private sectors, which is not right. This branch of law is now an independent field of study as most governments has become part of the world trade, as members of the World Trade Organization (WTO). Since the transaction between private sectors of different countries is important part of the WTO activities, this latter branch of law is now very important part of the academic works and is under study in many universities across the world. International trade law should be distinguished from the broader field of international economic law. The latter could be said to encompass not only WTO law, but also law governing the international monetary system and currency regulation, as well as the law of international development. The body of rules for transnational trade in the 21st century derives from medieval commercial laws called the lex mercatoria and lex maritima — respectively, the law for merchants on land and the law for merchants on sea. Modern trade law (extending beyond bilateral treaties) began shortly after the Second World War, with the negotiation of a multilateral treaty to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT). International trade law is based on theories of economic liberalism developed in Europe and later the United States from the 18th century onwards. International Trade Law is an aggregate of legal rules of â€Å"international legislation† and new lex mercatoria, regulating relations in international trade. â€Å"International legislation† – international treaties and acts of international intergovernmental organizations regulating relations in international trade. lex mercatoria the law for merchants on land. Alok Narayan defines lex mercatoria as any law relating to businesses which was criticised by Professor Julius Stone. and lex maritima the law for merchants on sea. Alok in his recent article criticised this definition to be too narrow and merely-creative. Professor Dodd and Professor Malcolm Shaw of Leeds University supported this proposition. Contract: the elements of a contract The first step in a contract question is always to make sure that a contract actually exists. There are certain elements that must be present for a legally binding contract to be in place. The first two are the most obvious: * An offer: an expression of willingness to contract on a specific set of terms, made by the offeror with the intention that, if the offer is accepted, he or she will be bound by a contract. * Acceptance: an expression of absolute and unconditional agreement to all the terms set out in the offer. It can be oral or in writing. The acceptance must exactly mirror the original offer made. * A counter-offer is not the same as an acceptance. A counter-offer extinguishes the original offer: you can’t make a counter-offer and then decide to accept the original offer! But†¦ * A request for information is not a counter-offer. If you ask the offeror for information or clarification about the offer, that doesn’t extinguish the offer; you’re still free to accept it if you want. It is very important to distinguish an offer from an invitation to treat – that is, an invitation for other people to submit offers. Some everyday situations which we might think are offers are in fact invitations to treat: * Goods displayed in a shop window or on a shelf. * When a book is placed in a shop window priced at  £7.99, the bookshop owner has made an invitation to treat. * When I pick up that book and take it to the till, I make the offer to buy the book for  £7.99. * When the person at the till takes my money, the shop accepts my offer, and a contract comes into being. * Adverts basically work in the same way as the scenario above. Advertising something is like putting it in a shop window. * Auctions: * The original advertising of the auction is just an invitation to treat. * When I make a bid, I am making an offer. * When the hammer falls, the winning ‘offer’ has been accepted. The seller now has a legally binding contract with the winning bidder (so long as there is no reserve price that hasn’t been reached) An offer can be revoked at any time before it is accepted, so long as you inform the person you made the offer to that the offer no longer stands. * Consideration: each party to the contract must receive something of value.Consideration is the price paid for the other’s promise. There are four legal maxims that apply to consideration: * Consideration must move from the promisor; * Consideration need not move to the promisee; * Past consideration is not good consideration; * The consideration given must be sufficient, but it need not be adequate. Arrangements of a social nature are presumed not to be legally binding, whilse commercial arrangements are presumed to be intended as binding contracts. Of course, these presumptions can always be rebutted in court by producing evidence to the contrary. * Importance of Business Law It is essential to know about business law before starting a business, as it will help you operate your business without the hindrances of ignorance. It is better to seek the expert guidance of an accountant and an attorney to learn about the latest business laws that will affect your business.. There are different laws for different business entities. Be certain you learn about the business laws that govern the kind of business entity that you choose to start. The major types of businesses are C, S and closed corporations, limited liability companies, and sole proprietorships. Zoning Laws: It is essential to know about zoning laws, as certain zones are restricted in certain areas. It deals with the kind or type of business allowed in certain areas, how the land surrounding a business is used, signboards, advertisements, and parking. Licensing Laws: In order to operate a business certain licenses are required and there are some important business laws you need to know. If a business operates without these licenses, it is illegal and the business may be dissolved or forced to close. Trademark and Patent Laws: These are laws that deal with ownership; intellectual property rights, and inventions. They are necessary to protect the business. Employment Laws: These are laws regarding the hiring and firing of employees, their rights, compensation, safety, work place discrimination, child labor laws, overtime pay structure, disability laws and unemployment laws. Tax Laws: This section deals with filing of tax returns and depends on the kind of business entity and the state the business operates in, sales tax. These include franchise tax, income tax and other state and federal tax requirements of a business. These are very important business laws you need to know before starting a business. Environmental Laws: The government enforces the environmental laws for the discharge of hazardous waste and the recycling laws pertaining to the business. Health Department Permits: This is necessary if your business deals with food products. You must get health department permits to operate your business. Fire Department Permits and Air and Water Pollution Control Permits: There are laws that certain kinds of business entities must get permits from these departments to operate. The list above contains basic business laws you need to know before starting a company. It is necessary to take precautions that you are not violating any law by operating your business. You must obtain all the necessary permits and licenses from the appropriate authority.

Delaying Childbearing: Why it is Important to Have Children While in Co

Like many other women, I was raised in a family that repetitively told me that I needed to finish school before thinking about getting married, and definitely before having kids. This made sense when I became an adult, why not put all my focus into my schooling. Yet, for me that would mean that I would be in my early thirties when I finished school. This has become the norm for women to marry and have children in there 30s, then in years past, where they were in their early to mid-twenties. After completing my first bachelor’s degree, I got engaged; I was in a perfect place, and I was not going to hold off just so I could finish school. Now that I have been married for two years, successfully working and going to school, starting a family is important to me. If I were to follow what my parents told me, from this day, I would still have to wait 4-5 more years to finish school, and then start that family. Even though having kids in college could keep your from completing a degr ee, you should have children in college because delaying childbearing could affect fertility and the likelihood of pregnancy complications. College is perceived as a time for young adults to have fun, and having children before or during college would provide an obstacle of completing a college education. Four million college students have children, which is roughly 25 percent of all enrolled college students (Nelson, Froehner, and Gault 1). Although this is a large number, many students would prefer to focus on themselves. Today women face the dilemma of if they even would want to have children. Focuses on getting a degree, and starting a career is ever so important for many women to create their lives on. Waiting until you are settled in your career puts ... ...n in school has many problems, as well as advantages. First, the obvious reason is that having kids in college is a financial burden, along with the stresses of maintaining family life with college life. Secondly, many students that do have children while in school, unfortunately, do not finish their degree. Works Cited Balasch, Juan, and Eduard Gratacà ³s. "Delayed Childbearing: Effects On Fertility And The Outcome Of Pregnancy." Fetal Diagnosis & Therapy 29.4 (2011): 263-273. EBSCO MegaFILE. Web. 20 Apr. 2014. Cnattingius, Sven, et al. "Delayed childbearing and risk of adverse perinatal outcome: a population-based study." Jama 268.7 (1992): 886-890. Nelson, Bethany, Meghan Froehner, and Barbara Gault. College Students with Children Are Common and Face Many Challenges in Completing Higher Education. Mar: Institute For Women's Policy Research, Mar. 2013. PDF.

Commercial Partnership Essay

The partnership en nom collectif, the partnership en commandite and the company are the three kinds of commercial partnerships which may be established under the Companies Act. Explain the main features of each. Why do you think the company is the most widely used vehicle to do business with? Introduction Commercial partnerships in Malta are regulated by The Maltese Companies Act which came into effect on the 1st January 1995 in order â€Å"to regulate†¦limited liability companies and other commercial partnerships†. In fact, when one wants to set up a commercial partnership in Malta the Act provides a number of possible legal structures. The Act stipulates that, â€Å"A commercial partnership may be of the following kinds: a partnership en nom collectif; a partnership en commandite; and a company (limited liability company)†. The purpose for which the commercial partnership may be formed is regulated by the Act which provides that a partnership en nom collectif and a partnership en commandite may be formed for the exercise of one or more acts of trade. Under the Commercial Partnerships Ordinance, this provision applied also to a limited liability company however under the provisions of the Act in force today, â€Å"a company may be formed for any lawful purpose and shall have the status of a public company; or a private company.† This means that a company may not necessarily be set up for the purposes of trading. Any lawful purpose is sufficient in order to set up a limited liability company. The Partnership En Nom Collectif Article 7 of the Companies Act defines the partnership en nom collectif as one which â€Å"†¦may be formed by two or more partners and operates under a partnership name and has its obligations guaranteed by the unlimited and joint and several liability of all the partners.† The formation of a partnership en nom collectif requires that every partner gives his contribution in money or in kind or in future personal services. The totality of the contributions constitutes the original capital of the partnership en nom collectif. In a partnership en nom collectif all the partners are unlimitedly liable. The above definition highlights the fundamental elements of a partnership en nom collectif. It may be formed by two or more partners; it must operate under a partnership name; and the partners are unlimitedly, joint and severally liable for all the obligations of the partnership. The partnership-name is the name under which the business is carried on and the obligations are entered into. It is the name by which the partnership and the legal entity created by such name are known to the public and it represents the external manifestation of the juridical distinction between the legal personality of the partnership and the members composing it. The unlimited liability of the partners for the obligations of the partnership is an essential characteristic of the partnership en nom collectif which distinguishes it from the other forms of commercial partnerships. In a partnership en nom collectif, each and every partner is liable for all the debts and obligations of the partnership with all his property present and future and not only up to the amount contributed by him to the partnership. Due to the unlimited liability of each and every partner, creditors of the partnership may enforce their claims against any of the partners and this even where such claims exceed the amount contributed or promised as contribution by the said partner. The joint and several liability of the partners for the obligations of the partnership means that the partner against whom an action is brought for the recovery of a sum due by the partnership may not plead the benefit of discussion of any of the other partners. However, one of the provisos to Article 7 states that, â€Å"no action shall lie against the individual partners unless the property of the partnership has first been discussed.† Therefore a creditor looking for a payment has to first go to the property of the partnership itself as an entity before its individual partners. Only in the absence of sufficient partnership assets can the creditor go to the individual partners. A partnership is legally valid when partners enter into an agreement called the â€Å"deed of partnership.† The deed of partnership has to be entered into, signed and sent to the registrar and thus duly registered by the Registrar of Companies. The next step would be the issued of â€Å"a certificate of registration† and this can be described as the act of birth of the partnership because it is at this point that the latter comes into being. Article 14 of the Companies Act shall state : (a) the name and residence of each of the partners; (b) the partnership-name; (c) the registered office in Malta of the partnership; (d) the objects of the partnership, that is to say, whether the objects are trade in general or a particular branch of trade, and in the latter case, the nature of the trade; (e) the contribution of each of the partners, specify the value of the respective contribution of every partner; (f) the period if any fixed for the duration of the partnership. The Partnership En Commandite In a partnership en commandite there must be at least one general partner and one limited partner. The general partner has to guarantee all the obligations of the partnership unlimitedly whereas the limited partner enjoys limited liability up till the payment of his share. Article 51 of the Act defines a partnership en commandite as one which â€Å"operates under a partnership name and has its obligations guaranteed by the unlimited and joint and several liability of one or more partners, called general partners, and by the liability, limited to the amount, if any unpaid on the contribution, of one or more partners, called limited partners.† From the definition, it is clear that this partnership shares a number of similar characteristics with the partnership en nom collectif. What has been said with regard to the partnership name when dealing with the partnership en nom collectif applies also to the characteristics of the partnership en commandite. In addition Article 53 of the Act states that â€Å"a person who holds himself out as being a general partner shall be held liable unlimitedly and jointly and severally with the general partners for all the obligations contracted by the partnership.† Therefore, if a partner makes believe that he is a general partner, then he will be treated as such. Furthermore, Article 53(2) of the Act provides that â€Å"the inclusion in the partnership name of the name of a person who is not a partner shall be taken into account by the Court in determining whether such person is holding himself out as being a partner.† Therefore the partnership name can only include the name of the general partner, otherwise if a limited person added his name, he would be deemed to be holding himself out as being a general part ner. These same provisions are applicable also to a partnership en nom collectif through Article 18 of the Companies Act. The co-existence in the partnership of one or more general and one or more limited partners distinguishes the partnership en commandite from the partnership en nom collectif and from the limited liability company. The liability of the general partners is similar to that of the partners in en nom collectif, that is unlimited and joint and several. The liability of the limited partners is defined by law as â€Å"†¦limited to the amount, if any, unpaid on the contribution and in no case are limited partners bound to restore profits received in good faith’’. The Company (Limited Liability Company) A limited liability company is defined as being one, â€Å"formed by means of a capital divided into shares held by its members. The members’ liability is limited to the amount, if any, unpaid on the shares respectively held by each of them.† From the said definition the most important characteristic and benefit of a limited liability company is highlighted, that is, the limited liability of all the members composing the company. The limitation of liability of the members of a company forms the exceptional legal characteristic of this kind of partnership. The limitation of liability is a valued privilege in itself and as long as it is operated legally and within the terms of the Companies Act, the personal assets of directors or shareholders are not at risk. However, due to this privilege, there are a number of provisions, aimed at preventing possible abuses. Article 68 of the Act provides that, â€Å"A company shall not be validly constituted under this Act unless a memorandum of association is entered into and subscribed by at least two persons, and a certificate of registration is issued in respect thereof†. The memorandum will include all the information about the company deemed necessary to lessen opportunities for abuse. â€Å"When the memorandum or the articles are drawn up in a public deed or in a private writing enrolled in the records of a notary public, an authentic copy thereof shall be delivered in lieu of the original.† On receiving the above-named documents, the duty of the Registrar is to examine them and, on being satisfied that all the requirements prescribed by law have been compiled with he will issue the certificate of registration. These measures and provisions will strengthen the credit and reputation of the company. â€Å"The choice of company names is restricted and, providing a chosen name complies with the rules, no-one else can use it.† Article 4 of the Companies Act provides that â€Å"A company shall not be registered by a name which (a) is the same as a name of another commercial partnership or so nearly similar as in the opinion of the Registrar it could create confusion:† Therefore no two limited companies can exist with exactly the same name. It is essential for the company to have a share capital and that the amount of such capital is stated and divided into shares of a fixed amount which according to Article 69(f) of the Act, must be stated in the memorandum. The said article states that, â€Å"the amount of share capital with which the company proposes to be registered (hereinafter referred to as â€Å"the authorised capital†), the division thereof into shares of a fixed amount.† The law also makes it impossible for a company to issue shares with variable share capital. This is only possible in the case of a SICAV which is an investment company with a variable share capital. â€Å"†¦Where a private company is an investment company with variable share capital, the name of the company shall be followed by the words â€Å"investment company with variable share capital† or by â€Å"SICAV†, followed by the words â€Å"private limited company†, †limited† or its abbreviatio n (ltd).† A company can either be a private or public company. The company must have a name under which it can operate and enter into legal relationships with third parties. Article 70 of the Act states that â€Å"†¦. A public company may be designated by any name but such name must end with the words â€Å"public limited company† or their abbreviation â€Å"p.l.c.† A private company may be designated by any name, but such name shall end with the words â€Å"private limited company† or the words â€Å"limited† or its abbreviation â€Å"Ltd†. The memorandum of association has to state whether it is a public or a private company. The public company may be listed or non-listed on the stock-exchange. It stands to reason that this would not be possible for a private company because its shares cannot be made available to the public at large. The members of a company manifest their wishes at general meetings by voting for or against proposed resolutions and as a rule the will of the majority of the members prevails and is binding on all. An important issue to address is deciding which form of business partnership to use. In practice, the limited liability company is the most popular commercial partnership. â€Å"First and foremost, the principal benefit of trading via a limited company has always been the limited liability bestowed upon the company’s officers and shareholders.† Before the concept of limited liability many people who had a substantial amount of resources would be reluctant to form a partnership due to the fear of losing everything as a result of the company’s losses. With the introduction of limited liability that person knows that he is only liable up to the amount he has invested and therefore only that amount is at risk and not all of his property. Therefore, this low risk of limited liability encourages greater investment. Once a Company builds a good reputation, it even increases the value of its goodwill with the result of being more in demand for investment continuity. Another fact which promotes the use of a limited liability company is that the creditors who deal with companies know that they are dealing with a company whose shareholders’ liability is limited, namely from the fact that it has (Ltd) at the end of its name. The creditors thus know what they are going in for and know what the repercussions are if they enter into transactions with limited liabilities and therefore if they have doubts, they should not enter any contracts in the first place. Just like all the rest of the commercial partnerships, the Limited Liability Company is a separate person. A shareholder in the company is just a person who has just acquired shares but is a separate person from the company. The company and the share holder are not one and the same thing and therefore the latter cannot be responsible for the obligations entered into by the company. In the Commercial Partnership Ordinance under Section 4(2) it was spelt out that â€Å"a commercial partnership has a legal personality distinct from that of its members.† Nowadays, even a single member company has a separate juridical personality. Another advantage of forming a company is that once a company is formed it continues despite the death, resignation or bankruptcy of management and members. Since the limited liability company is considered a lasting legal entity â€Å"a company can only be terminated by winding up, liquidation or other order of the courts or Registrar of Companies.† Another reason why it is of an advantage to form a limited liability company is that it is easy to secure new shareholders and investors. A public company which is in need of money or wishes to invest in another business enterprise can be listed in the stock exchange and acquire the needed finance by means of trading by other shareholders or investors, hence the ownership of a company can be divided among several owners in the form of shares of stock. The issue, transfer or sales of shares is regulated by the Companies Act. With a limited liability company, the process of borrowing money from a bank is much easier. On registration with the MFSA the company is a legal person in accordance with the Companies Act and consequently the bank will open an account and â€Å"can secure its loan against certain assets of the business or against the business as a whole.† When setting up a company business partners do not pay tax on their individual income but on a corporate level on company profits which may constitute benefits and allowance. In addition companies are approved better beneficiary pension schemes which consequently are offered to the employees of the company. Since the introduction of the limited liability company a total number of 52,000 companies where registered with the Malta Financial Services Authority, while only around 1,300 partnerships were registered. These statistics prove that it is the best decision one can make to carry out a business in the form of a limited liability company. In conclusion, a legal limited liability company helps you gain from a number of advantage mentioned above while you can limit your personal liability and protect your personal assets. Bibliography Statutory Sources * Chapter 386 of the Laws of Malta, Companies Act (1995) * Commercial Partnerships Ordinance Internet Sources and websites * Coddan. Advantages And Benefits Of A Limited Company.. Available: http://www.ukincorp.co.uk/s-46-uk-company-formation-benefits.html. Last accessed 4th May, 2011 * European Commission. (02/2010). Legal Requirements. Available: http://ec.europa.eu/youreurope/business/starting-business/setting-up/malta/index_en.htm. Last accessed 7th May, 2011. * Focus Business Services. (1998-2011). Registration Process of a Malta Company. Available: http://www.fbsmalta.com/malta-company-law-full-text-and-formation-procedure-2 /registration-process-malta-company/. Last accessed 7th May, 2011 * QUBE Services Limited. Maltese Bodies Corporate. Available: http://www.qubeservices.com/01types.asp. Last accessed 7th May, 2011. * RSM Malta. Services. Available: http://www.rsmmalta.com.mt/company-formation.aspx. Last accessed 7th May, 2011. * tutor2u. advantages of a limited liability. Available: http://tutor2u.net/business/finance/legal_company_advantages.htm. Last accessed 7th May, 2011. * http://www.commonlii.org/mt/legis/consol_act/cpo307.pdf

Understanding Downsizing and Rightsizing

DOWNSIZING AND RIGHTSIZING Downsizing: The downward migrations of business applications are often from mainframes to PCs due to low costing of workstation. And also today’s workstations are as powerful as last decade’s mainframes. The result of that is Clients having power at the cost of less money, provides better performance and then system offers flexibility to make other purchase or to increase overall benefits. Rightsizing: Moves the Client/Server applications to the most appropriate server platform, in that case the servers from different vendors can co-exist and the network is known as the ‘system’. Getting the data from the system no longer refers to a single mainframe. As a matter of fact, we probably don’t know where the server physically resides. Upsizing: The bottom-up trend of networking all the standalone PCs and workstations at the department or work group level. Early LANs were implemented to share hardware (printers, scanners, etc. ). But now LANs are being implemented to share data and applications in addition to hardware. Mainframes are being replaced by lesser expensive PC’s on networks. This is called computer downsizing. Companies implementing business process reengineering are downsizing organizationally. This is called business downsizing. All this would result in hundreds of smaller systems, all communicating to each other and serving the need of  local teams as well as individuals working in an organization. This is called cultural downsizing. The net result is distributed computer systems that support decentralized decision-making. This is the client/server revolution of the nineties As client/server technology evolves, the battle cry is now right sizing–design new applications for the platform they are best suited for, as opposed to using a default placement. An application should run in the environment that is most efficient for that application. The client/server model allows applications to be split into tasks and those tasks performed on individual platforms. Developers review all the tasks within an application and determine whether each task is best suited for processing on the server or on the client. In some cases, tasks that involve a great deal of number-crunching are performed on the server and only the results transmitted to the client. In other cases, the workload of the server or the trade-offs between server millions of instructions per second and client millions of instructions per second, together with the communication time and network costs, may not warrant the use of the server for data intensive, number-crunching tasks. Determining how the tasks are split can be the major factor in the success or failure of a client /server application. And if the first client/server application is a failure, for whatever reason, it may be a long time before there is a second. Some variations on this theme are: 1. Downsizing: A host based application is downsized when it is re-engineered to run in a smaller or Local Area Network based environment. Downsizing involves porting applications from mainframe and mid-range computers to a smaller platform or a Local Area Network based client/server architecture. Downsizing is not as easy as buying and installing hardware and software that support client/server computing. This paper presents a case of rightsizing, with an outsourcing approach, of a mainframe based information system. A full downsizing process, is a highly complex process due to the following reasons: * The need to manage, at the same time, the old and the new technology and environment for the parallel periods; * The need to migrate in the new platform the millions of LOC (line of code) of the several applications. In this paper we describe how that process can be performed in an outsourcing framework. We discuss which are the critical factors that assure an efficient process and big savings from the cost/benefit and cost/performance point of view. There are several key factors to be considered in order minimizing the risks of failure and maximizing the success. The paper is organized in the following three parts: * The Rightsizing process; * The case study and the results obtained; * The lessons learned from the experiences done. The rightsizing Generally we can distinguish two main streams of the Rightsizing process: the downsizing and upsizing processes. The downsizing process is characterized by data and process shifting from Mainframe to desktop connected with LAN and WAN network. The following steps, instead, characterize the Upsizing process: * The integration and connection of stand alone workstations or LAN * The development of distributed applications on this new architecture The Rightsizing of the applications and systems, that is their Downsizing or Upsizing, provides a major opportunity for cost savings and improving the flexibility of the information systems. In the following figure we see the rightsizing of the case study. It is from a traditional architecture based on a MVS IBM to a new distributed Client-Server architecture. The new Client-Server applications are executed on several application servers. Down Sizing is nothing but The Process of moving an application from a {main frame ) to cheaper system, typically a (client-server) system. Downsizing and Client/Server Computing Rightsizing and downsizing are strategies used with the client/server model to take advantage of the lower cost of workstation technology. Rightsizing and upsizing may involve the addition of more diverse or more powerful computing resources to an enterprise computing environment. The benefits of rightsizing are reduction in cost and/or increased functionality, performance, and flexibility in the applications of the enterprise. Significant cost savings usually are obtained from a resulting reduction in employee, hardware, software, and maintenance expenses. Additional savings typically accrue from the improved effectiveness of the user community using client/server technology. Downsizing is frequently implemented in concert with a flattening of the organizational hierarchy. Eliminating middle layers of management implies empowerment to the first level of management with the decision-making authority for the whole job. Information provided at the desktop by networked PCs and workstations integrated with existing host (such as mainframe and minicomputer) applications is necessary to facilitate this empowerment. These desktop-host integrated systems house the information required to make decisions quickly. To be effective, the desktop workstation must provide access to this information as part of the normal business practice. Architects and developers must work closely with business decision makers to ensure that new applications and systems are designed to be integrated with effective business processes. Much of the cause of poor return on technology investment is attributable to a lack of understanding by the designers of the day-to-day business impact of their solutions. Downsizing information systems is more than an attempt to use cheaper workstation technologies to replace existing mainframes and minicomputers in use. Although some benefit is obtained by this approach, greater benefit is obtained by reengineering the business processes to really use the capabilities of the desktop environment. Systems solutions are effective only when they are seen by the actual user to add value to the business process. Client/server technology implemented on low-cost standard hardware will drive downsizing. Client/server computing makes the desktop the users' enterprise. As we move from the machine-centered era of computing into the workgroup era, the desktop workstation is empowering the business user to regain ownership of his or her information resource. Client/server computing combines the best of the old with the new—the reliable multiuser access to shared data and resources with the intuitive, powerful desktop workstation. Moving to Open and Client-Server System environments allows organizations to take advantage of several opportunities: the new cost/performance relations for the hardware components, the ? easy to use? graphical interfaces, the portability of the software, the adoption of faster software life cycles like RAD, the use of the information highways (for example internet) and so on . Most of the organizations invest in rightsizing processes to build Client/Server architectures. Actually, upsizing and downsizing process has become a phenomenon of big importance for a lot of organizations. It is possible to preview that the next years the rightsizing tendency will increase very much, and will become a rule. Anyway we must consider, from the point of view of the architectural structure, that a rightsizing process is complex and may imply an increase of complexity of the final system if it is not well planned. A typical distributed Client-Server architecture is characterized by the presence of workstations and personal computers acting as clients, by the interconnection of different groups of these computers through different local and wide networks, by the presence of several servers including eventually a mainframe as a file server. It is typical of the local network that there is a local database; the local stations of the network are able to reach this database instead of the remote database. In order to lower the complexity of the process, an outsourcing of all the IT activities, for the rightsizing period, or even more, can prove effective. The IT system after the outsourcing/rightsizing period (typically from 3 to 5 years) becomes technologically updated and easier to maintain (especially if the outsourcing/rightsizing contract provides strict guidelines for the development of the new software and for the Reverse Engineering projects). The major trend for corporate information systems this decade will be downsizing. In its broadest sense, downsizing means implementing applications traditionally deployed on mainframes or minicomputers, on personal computers and Local Area Network (LAN) platforms. Applications most often involved in downsizing are those designated as mission-critical, the success of these applications is integral to the daily operations of the organization. This shift will enable companies to use the power, affordability and flexibility of the microcomputer as the hub of their information systems, and when appropriate operate cooperatively with existing mainframe or minicomputer investments. Downsizing is enabled by a number of factors: -Powerful cost effective PC platforms. -Mature networking technology providing a communication infrastructure. Software that delivers a robust development environment for the creation of applications with mainframe-like complexity. -Economical migration paths for moving applications to the desktop. -The ability to integrate and synchronize front-end tools and back-end data sources. †¦Ã¢â‚¬ ¦. In the 1970s, the prevalent model for information management systems was a centralized hierarchical database platform. Such database s, residing on a mainframe or minicomputer, offered high performance and tight security but little if any end-user access or control. Essentially, the mainframe provided a highly sophisticated server with unintelligent clients, or â€Å"dumb† workstations. For its day, the approach was sound, giving information system managers a way to electronically store huge amounts of information that previously filled volumes of books and ledgers in company storage rooms. But it soon became clear that accessing and manipulating these databases was difficult, as well as prohibitively expensive. The 1980s saw the introduction of PCs that were used by individuals and departments within an enterprise to provide local, easy-to-use decision-making tools. Over time these users became more sophisticated in their usage, their expectations rose and they had a desire to communicate with others in their group and to have greater access to all corporate data. The solution at the time was to link these PCs through Local Area Networks, giving the users increased information access. This approach, which used a â€Å"file server† model in which the server acted as an unintelligent storage device, did offer peripheral sharing but, there was no intelligent data management capability, which severely limited the types and sizes of applications that could be used. The immaturity of this approach was reflected in the lack of well integrated and transparent connectivity to mainframe and minicomputer systems, where much of the corporate data resided (and still remains). In short, workstations were restricted in their ability to handle complex applications and to get at relevant data. Information system managers were highly interested supporting their end-user's desires and in gaining improved access to all their corporate databases through the use of PC technology. A significant concern of these managers though was a guarantee that they could maintain security, integrity of data and accessibility. The existing single platform approach would no longer work, a new model of computing architecture was needed. Downsizing: A Critical Edge By downsizing applications to the desktop, organizations can more easily deliver vital information to its users, providing a competitive edge. With the cooperative processing model these organizations can integrate their applications and information system resources with others throughout the enterprise. This approach, which blends the flexibility and power of the PC (linked more and more through LANS) with the benefits of the resident database management system, offers numerous advantages: An Open Computing Environment. Despite well-intended and energetic attempts to impose a single computing standard on the industry, the truth is that corporate information systems are and will remain heterogeneous. Standards provide for a level playing field where users can invest and be assured that their investments will be protected. And, standards provide a platform for software innovation, a mainstay of the computer industry. Integrating new technologies and approaches with existing standards should be a goal of every company. The challenge in running this type of heterogeneous environment is to find the correct balance between innovation and standards. Therefore, a information system designed to work with existing processing environments, utilize industry standards and be capable of taking advantage of emerging technologies will deliver the most effective business solutions. The desire to balance new technologies and trends with existing resources is a large part of the motivation behind downsizing. By providing a modular architecture and component pieces that easily connect, the cooperative processing model delivers an environment that enables enterprise-wide connectivity and integration of heterogeneous data formats. The alternative is to create a homogeneous environment that by its nature is limited to its native capabilities. Rapid Application Development Part of the attraction of downsizing is the ability to rapidly prototype, develop and implement applications. One of the principle shortcomings of a mainframe or minicomputer-based information management system is the application development time required and the resulting backlogs. Building a mission critical systems at the desktop is literally months and years faster than on a mainframe or minicomputer. Having robust development tools that enable the creation and implementation of systems in weeks rather than months allows organizations to benefit more from their information and realize a significant dollar savings in the process. Leveraging Existing Investments Information management systems that handle mission-critical applications represent investments of millions of dollars and thousands of man-hours of work. When faced with the need to expand or upgrade these systems, scrapping the existing investment and building a new one is simply not a financial option. Nor is it necessarily a wise one. What is required is the ability to responsibility migrate these systems to the desktop by integrating the various platforms. Development Flexibility The purpose of any software application is to provide a service that makes accomplishing a task efficient and economical. Downsizing mainframe and minicomputer applications to the desktop offers the application developer a wide range of PC-based tools to assist them in meeting needs of specific applications. The flexible nature of this environment lets the developer work faster, maintain applications with less effort, and be more responsive to the needs of the organization. Financial Considerations Developing applications on the desktop platform is a much more cost effective than traditional mainframe or minicomputer approaches. PC-based development means your hardware and software investment is less, development time and its related costs are reduced and with the ability to leverage existing information system investments, and you do not incur the large expense of starting from scratch. Other Advantages Downsizing also offers smoother application maintenance; freedom from being locked into proprietary systems that may become outdated; and the ability to scale applications to match the changing needs of the organization. Ultimately, downsizing gives users improved tools and critically needed access to data, which in turn increases productivity and the effectiveness of an organization. Rightsizing is defined as finding the correct platform for your enterprise. Compared with downsizing (moving to a smaller platform) and upsizing (moving to a larger platform), rightsizing lets a company align its information systems to its corporate goals. Rightsizing involves selecting the most appropriate computing resource to perform a task based on location, size, organizational structure, business work flow, and processing requirements.

Laci Ethridge Essays - Christianity, Philosophy Of Religion

Laci Ethridge Essays - Christianity, Philosophy Of Religion Laci Ethridge Professor Moore Religion of The World 3/9/2017 Explanation to the meaning of Shunryu Suzuki statement 'When you try to attain enlightenment, then you have a big burden on your mind. Your mind will not be clear enough to see things as they are. If you truly see things as they are, then you will see things as they should be.' Says Shunryu Suzuki. I had to reread this statement repeatedly before I could respond. First I couldn't figure out how to respond to this statement until I applied it to my own life. I am college student out on my own trying to figure life out. It was never my intentions of coming to Paine college but not having enough financial support has landed me here. I grew up in a single parent home with my mom picking up the slack my father decided to leave behind. She raised me and my three sisters the best she could, and although I didn't appreciate it then, I appreciate all her hard work now. My freshmen year at Paine was the moment I got a taste of reality of being on my own. I never focused on the big picture, all I remember was letting my hair down and enjoying all the freedom of being on my own had to offer. But as I get older its more to life than what I am seeing. When your acting out on free will its hard to understand the purpose God has put out for you. Believe it or not you come across people for a reason but you'll miss out on golden opportunities because you don't understand the purpose for you guise reasoning to crossing paths. It is very imperative to build a relationship with God and enlighten yourself. God is a loving being and he didn't create us to go through pain and hurt. Even though we are born into sin, a sinful lifestyle is not God intentions for our future. I believe God forgives our sins because he wants to build a relationship with us. If you don't feel conviction after committing a sin, then you should question who's leading your life. When the devil begins to work so hard to confuse your life he puts you through obstacles. And sometimes those obstacles may not be the easiest road to travel, but if you read the word of God and trust the word of God there isn't a road that will be hard to travel. The devil can turn off all the lights in your home and if you hold on to Gods promise you will make it. Also, you should never condemn yourself for your sins as I find myself doing. After overcoming hardship and hurdles I thought I would never overcome I decided to get baptized this year, January 17,2017. I thought it was time to turn over everything to the loving father. I'm not saying I became a saint after this day, but it was a new path I set out for myself. I know for a fact that God wants to use me to reach out to others. God has made my skin thick and my hurt pure. I realized that I'm not going through my experiences just because God doesn't love me, I am experiencing this because he needed me to start developing a clear mind and to accept things how they are and find the hidden picture through everything that I am going through. He wants me to deifier his hidden agenda for my purpose. And it is up to me to accept his challenge. That is what I got out of his statement.

Profile of Tycho Brahe, Danish Astronomer

Profile of Tycho Brahe, Danish Astronomer Imagine having a boss who was a well-known astronomer, got all his money from a nobleman, drank a lot, and eventually had his nose bit off in the Renaissance equivalent of a bar fight? That would describe Tycho Brahe, one of the more colorful characters in the history of astronomy. He may have been a feisty and interesting guy, but he also did solid work observing the sky and conning a king into paying for his own personal observatory. Among other things, Tycho Brahe was an avid sky observer and built several observatories. He also hired and fostered the great astronomer Johannes Kepler as his assistant. In his personal life, Brahe was an eccentric man, often getting himself into trouble. In one incident, he ended up in a duel with his cousin. Brahe was injured and lost part of his nose in the fight. He spent his later years fashioning replacement noses from precious metals, usually brass. For years, people claimed he died of blood poisoning, but it turns out that two posthumous examinations show that his most likely cause of death was a burst bladder. However he died, his legacy in astronomy is a strong one.   Brahes Life Brahe was born in 1546 in Knudstrup, which currently is in southern Sweden but was a part of Denmark at the time. While attending the universities of Copenhagen and Leipzig to study law and philosophy, he became interested in astronomy and spent most of his evenings studying the stars. Contributions to Astronomy One of Tycho Brahe’s first contributions to astronomy was the detection and correction of several grave errors in the standard astronomical tables in use at the time. These were tables of star positions as well as planetary motions and orbits. These errors were largely due to the slow change of star positions but also suffered from transcription errors when people copied them from one observer to the next. In 1572, Brahe discovered a supernova (the violent death of a supermassive star) located in the constellation of Cassiopeia. It became known as Tychos Supernova and is one of only eight such events recorded in the historical records prior to the invention of the telescope. Eventually, his fame at observations led to an offer from King Frederick II of Denmark and Norway to fund the construction of an astronomical observatory. The island of Hven was chosen as the location for Brahes newest observatory, and in 1576, construction began. He called the castle Uraniborg, which means fortress of the heavens. He spent twenty years there, making observations of the sky and careful notes of what he and his assistants saw. After the death of his benefactor in 1588, the kings son Christian took the throne. Brahes support slowly dwindled due to disagreements with the king. Eventually, Brahe was removed from his beloved observatory. In 1597, Emperor Rudolf II of Bohemia intervened and offered Brahe a pension of 3,000 ducats and an estate near Prague, where he planned to construct a new Uraniborg. Unfortunately, Tycho Brahe fell ill and died in 1601 before construction was complete. Tychos Legacy During his life, Tycho Brahe did not accept Nicolaus Copernicus’s model of the universe. He attempted to combine it with the Ptolemaic model (developed by ancient astronomer Claudius Ptolemy), which had never been proved accurate. He proposed that the five known planets revolved around the Sun, which, along with those planets, revolved around Earth each year. The stars, then, revolved around Earth, which was immobile. His ideas were wrong, of course, but it took many years of work by Kepler and others to finally refute the so-called Tychonic universe.   Although Tycho Brahe’s theories were incorrect, the data he collected during his lifetime was far superior to any others made prior to the invention of the telescope. His tables were used for years after his death, and remain an important part of astronomy history. After Tycho Brahe’s death,  Johannes Kepler used his observations to calculate his own three laws of planetary motion. Kepler had to fight the family to get the data, but he eventually prevailed, and astronomy is much the richer for his work on and continuation of Brahes observational legacy.   Edited and updated by Carolyn Collins Petersen.