Crime And Intentional Tort Essay

A crime is defined as â€Å"acts or omissions that are in violation of law† (West’s Encyclopedia of American Law, 1998). The states and the federal government have enacted criminal laws that define each of the crimes and prescribe penalties in case of violation or commission (West’s Encyclopedia of American Law, 1998). The two elements of a criminal offense are: â€Å"actus reus and mens rea; one is physical and the other, mental state† (West’s Encyclopedia of American Law, 1998). Thus, â€Å"actus reus must be causally related to the mens rea for a crime to occur† meaning that the evil intention of the mind must coincide with the physical manifestation through the unlawful act (West’s Encyclopedia of American Law, 1998). However, as an exception to this rule, the courts have in a line of judicial precedents ruled that in case of strict liability the person who may not be â€Å"at fault or negligent† shall be legally liable for damages to the injured party. The injured party will only have to prove that he sustained damages (West’s Encyclopedia of American Law, 1998). Moreover, courts allowed liability on the basis of the actus reus alone as being sufficient (West’s Encyclopedia of American Law, 1998). For instance, the employer is deemed liable for damages for the negligent acts of his employees while in the performance of their duties. Another example would be in the case of product liability where in the company is held liable for the injury sustained by a customer due to defective products. Crimes may be committed by natural and juridical persons. Natural persons are human beings while juridical persons are entities created by fiction of law deemed to be individuals capable of entering into contracts, owning and or possessing properties, enforcing rights and acquiring debts (West’s Encyclopedia of American Law, 1998). A corporation therefore is a person. Corporations may be held liable for civil damages for the acts and conduct of the employees it employees. This liability is known as vicarious liability (West’s Encyclopedia of American Law, 1998). Anent criminal liability, a corporation is not capable of committing a crime because it does not have a mind state–lacking in â€Å"mens rea. † It is also a legal fiction and therefore, one cannot put it behind bars. The recent years however, showed a different trend from these arguments. Nowadays, an American corporation engaged in criminal activities such as fraud can be convicted when the criminal conduct of its employee or officer is proven. The federal government through the Deputy Attorney General cited the reasons for indicting corporations as being beneficial to public interests (Thompson, 2003). It â€Å"enables the government to address and be a force for positive change of corporate culture, alter corporate behavior, and prevent, discover, and punish white collar crime† (Thompson, 2003). The federal government not only prosecutes the corporation but also the officers or agents of the corporations who apparently are guilty and culpable. Two recent cases may be cited to illustrate this point. The prosecution of Ebbers where his former finance officer testified against him, resulted in at least a total of 85 years imprisonment consisting of â€Å"one count of conspiracy, one count of securities fraud and seven counts of false regulatory filings† (Associated Press, 2005). It was also discovered that manipulation on the books of accounting resulted in the amount of $ 11 billion (Associated Press, 2005). In another case, Reliant Energy Services, Inc. and four of its officers were criminally charged for â€Å"manipulation of the California energy markets† (U. S. DOJ web site, 2004). Thus, when there is corruption in a company, disrespect for the law, fails to see to it that internal mechanisms are in place to detect fraud and corruption and thereafter fails to cooperate in the investigation, the federal government vows to criminally prosecute the corporation (U. S.  DOJ web site, 2004). In both cases, the corporations involved were charged and prosecuted because of the pervasiveness of the violations such as when directed by upper management or when in conspiracy with the other officers of the corporation (U. S. DOJ web site, 2004). The rule of respondeat superior shall apply in case the violation is an isolated case as when committed by a single officer and with a compliance program being implemented by the corporation. The company can only act through its agents and officers, thus if an overwhelming majority have committed fraud or any criminal act, then such act is considered the act of the corporation—the mens rea being the mental state of the culpable officers and agents. This is penalized in accordance with the Sentencing Guidelines. In the two cases cited, the respective companies are guilty of a felony because the charges were of serious nature with an imprisonment of more than one year (West’s Encyclopedia of American Law, 1998). Corporate crime can be a misdemeanor or a felony depending on the penalty attached by law for its commission.

Propose a Change to Improve K

Propose a Change to Improve K Social factors have always been a determinant element in the effectiveness of K-12 education. Various researches done on the effectiveness of K-12 education in public schools indicate that social factors such as poverty, crime, dugs and teenage pregnancies are a major influence on the effectiveness of education. In this respect, poverty can be claimed to be the leading factor that negatively impacts K-12 education.Advertising We will write a custom essay sample on Propose a Change to Improve K-12 Education specifically for you for only $16.05 $11/page Learn More Lacking financial ability to pay for a quality education or any other facilities affiliated with K-12 education has been limiting learners to achieve their academic goals. On the same note, education institutions lack basic necessities required to provide for adequate education due to poverty. There are numerous examples, where schools have been unable to access or procure the required teaching ameni ties like books, qualified teachers, desks, chairs and classrooms. As indicated earlier, poverty has a very negative impact on learners as well as the society. In fact, education is a basic need that has a cause- effect relationship on other key issues in individuals or society’s growth and development. For example, Maslow’s hierarchy of needs requires that individuals must first attain psychological needs. Education offers psychological needs for the purpose of human survival. The lack of good educations results to poverty. Consequently, this poverty results to growth of individuals who don’t have knowledge or skills to survive in a progressive community. Basically, poverty leads to lack of safety in the education system. For example, education institutions are unable to procure essential teaching amenities. Poor learners who do not access education are vulnerable to lack of safety as far as the hierarchy of needs is concerned. An example of such is when a po or society is not able to access health, employment opportunities and resources. In many of the communities, the uneducated are always the most vulnerable individuals. Such individuals indulge in crime and lack a sense of belonging and self-esteem. It is evident that education offers people with self-actualization. When the society does not educate its people, there is always a danger that such a society lacks individuals who can offer life-solving decisions. It is important to remember that education is critical to providing and teaching morality in a society. If such education lacks due to poverty, a society is also susceptible to prejudice and immorality. The solution to poverty in the K-12 education can be found in the protection and accountability of the No Child Left behind Act that was established in the year 2001. This act acclaims that all children have the same right to undergo education as any other child. In this context, the federal government has no alternative but to supplement education in public schools. Advertising Looking for essay on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More In this accord, low-income families will educate their children without worries. In fact, the federal governments should harness the use of education funds, by ensuring that schools effectively allocate funds to supplement provision of education services to all learners. A good remedy for poverty and its impact on education is the use of the socio-economic school integration system. The K-12 education requires learners from all races to be integrated in the same class. In this context, there requires an integration system that is consistent with economic integration within the community. This requires the society to be democratically driven in terms of education or school selection policies. In this respect, learners from diverse racial and economic backgrounds will become better citizens in the comm unity. Therefore, the integration offers learners with an exposure on socio-economic diversity among the learners themselves. Supplementing of education by the federal government is critical in ensuring that there is equity of resources among the population. This is critical, since communities are able to sustain themselves, since educated individuals are obligated to provide the society with skills and experience required to develop the community. In the long-run, individuals will become morally upright individuals in a morally upholding society. The federal government can ensure that there exists a district education agency that monitors school funds in specific regions. In this respect, school institutions are supposed to ensure that learners from low-income families are given priority in bursary funds. For example, bursary kitty for poor learners should be established in every public school. Moreover, schools can be instrumental in creating programs that integrate students from diverse socio-economic backgrounds. Such programs should be part of the curriculum. In conclusion, the above proposal offers the K-12 education with the following long-term benefits. First, K-learners will access education regardless of their socio-economic status. Secondly, the government will invest in a generation that will benefit the community in terms of skills and knowledge provision in the future. The community will also benefit from morally upright individuals. Thereby, the society will get rid of social ills such as crime, drugs and early teenage pregnancies. The proposal is a road map to ensure that education for all policy is achieved in the long-run. The cause- effect relationship of such a proposal ensures that the quality of education as well as education objectivity is aligned to individuals and communities needs.Advertising We will write a custom essay sample on Propose a Change to Improve K-12 Education specifically for you for only $16.05 $11/page Learn More

(1) Forms of business organisations Essays - Free Essays

(1) Forms of business organisations Essays - Free Essays (1) Forms of business organisations Sole Trader: Business owned by one person (generally quite small) but sole trader can have employees Counts as self-employed Individual pays income tax No need to make financial information publicly available Sole trader has UNLIMITED LIABILITY No need to keep formal accounting records No legal procedure required to end the business Business seizes when the owner dies Partnership "A group of sloe traders" Company counts as a legal person JOINT and SEVERAL LIABILITY: all partners are equally liable to all debts. Creditors will sue whoever has the most money ie whoever is most likely to pay Profits don't have to be shared evenly Can share the load/responsibilities with partners Partnerships pay income tax 3 sorts of partnerships: Traditional Partnership: defined by the Partnership Act 1890. Two or more people working together. Not a formal company but may have a trading name. Relatively small number of partners. Unlimited liability. Each partner is equally responsible for debts regardless of profit sharing ratio Limited Partnership: guided by the Limited Partnerships act 1907. Composed of a number of sleeping partners who have limited liability. You still need one general active partner with limited liability Limited Liability Partnership (LLP): governed by the Limited Liability Partnerships Act 2000. Has many features of a company but it is still a partnership. Partnership does NOT end when one of the partners dies. Limited Liability. Used mainly by professional firms eg accountants, lawyers, architects, etc. The Company Incorporated following procedures in the Companies Act 2006 Consequences of incorporation: Separate legal personality. We sign legal documents as a company, we are sued as a company, we enter in to contracts as a company (a legal entity) Shareholders have limited liability (normally the amount you invested at the start ie the nominal value of the shares) May have to sign a personal guarantee (you act as a guarantor by providing personal collateral against the debt) if you're a small company Company may be legally liable The company is owned by shareholders, run by directors/managers Public v Private Companies: Public limited= PLC, Private Limited=Ltd Specified in the memorandum PLC still has limited liability Must have at least 50000 authorised capital, 25% of which is paid up If you want to be quoted on the stock exchange you have to be a PLC. But not all PLC's are quoted on the stock exchange PLC has different reporting standards Any other company is Private(Ltd) Limited v Unlimited Companies Unlimited companies are rare Limited companies can be set up for under 200 Limited to the sum invested or what they have agreed to invest (shareholders are not personally liable) Advantages and Disadvantages ADVANTAGES DISADVANTAGES Sole Trader complete control freedom to make decisions easy to set up simple record keeping Unlimited Liability Partnership someone to share load/responsibilities with more funding to work with more expertise Unlimited Liability Limited Company Limited Liability Administratively much more complicated (2) Partnerships General Partnership: an unincorporated business where all partners have unlimited liability. You have joint and several liability Key Legislation: Partnerships Act 1890 (PA 1890) Definition (S1): The relation which subsists between persons carrying on a business in common with a view of profit' The relation which subsists - partnership is a relationship (between people) NOT a legal entity therefore it does not have a separate legal personality Between persons - a company can be a partner in a partnership, but you need at least one partner with unlimited liability Carrying on a business - (S45) covers everything (every trade, occupation or business) In common - carrying out business together With a view of profit - non-profit organisations eg charities can't be partners. Can have a partnership that fails making profit (doesn't have to have made a profit, just needs to try making a profit) Partnership starts when you start carrying on business, not when deed of partnership is signed Different Sorts of partners: Salaried Partner: receives a salary instead a share of the profits (May or may not have limited liability depending on their agreement. Decided by the courts judgement) Equity Partner: general partner who receives a share of the profits (and losses) Sleeping Partner: partner who invests in the business but doesn't actively manage the business. Court decides whether or not the sleeping partner has unlimited liability Khan v Miah (2001): 3 individuals decided to open a restaurant: bought furniture, equipment, advertised but there was a fallout before restaurant opened and partnership was dissolved - was a partnership formed? (important because if yes, then joint liability for purchases). HELD yes there was a partnership because although they hadn't started trading,

Anthony Burgess’ View of the Impact of Wrongful Actions in Humanity as Illustrated In His Book, A Clockwork Orange

Anthony Burgess’ View of the Impact of Wrongful Actions in Humanity as Illustrated In His Book, A Clockwork Orange A Clockwork Orange Anthony Burgess, author of A Clockwork Orange, explains the theme of the necessity of evil in human nature in this novel. The main character, Alex, is despicable because he gives free rein to his violent impulses, but that sense of freedom is also what makes him human. This book was one that I thoroughly enjoyed, even though the language was hard to understand at first. A Clockwork Orange is set in a futuristic dystopia governed by a totalitarian state. Ordinary citizens have fallen into obedient complacency, unaware of the growth of a violent youth. Alex, the protagonist of the story, leads a small gang of criminals (Dim, Pete and Georgie) through the streets, robbing and beating men and raping woman. Alex ends up getting caught in his latest act, breaking into a cottage and beat up the man inside before raping his wife while making him watch, ends up with Alex being taken to prison, where they attempt to brainwash him into being a model citizen. First, I may warn potential readers that this book is not for the squeamish, when the book goes into extreme details about the violent crimes that Alex and his â€Å"droogs† (friends) commit, but the one thing that stuck with me throughout the book was the â€Å"Ludovico† technique, which was set in place by the government to brainwash the criminal into being model citizens. It effectively denies Alex, when it’s used on him, the ability to be a ‘moral agent’ and being able to freely choose between right and wrong. Because of this, Burgess creates the debate of freedom versus enforced obedience and ‘goodness’ as being the best in and for the society. In A Clockwork Orange, Burgess created a dissonant, hyperreal but easily recognisable world. The violence being slapstick and theatrical while also gruesome, and making some readers stomachs churn. The language is also a challenge, but pays off once you come to figure out what means things like ‘friends’ and ‘blood.’ The â€Å"Nadsat† (slang) spoken by the characters does more that confuse the readers at first, but it also draws the readers into Burgess’ world and makes the reader want to figure out what â€Å"droogs,† â€Å"Nadsat,† and â€Å"bezoomny† means (friends, slang, crazy). The language compels the reader to think while reading, having them try to remember what each different word in â€Å"Nadsat† means in English. The way that Alex speaks, both formally and some recurring anticlimax in his voice makes this process seem more sinister and occasionally funny. In this final chapter, Burgess has Alex growing out of his wrongdoings, looking back and regarding it as a little bit sad and embarrassing (the actions of dumb kids) and, as the clichà © goes in books and film alike, determined that his own children won’t make the same mistakes he did at a young age. It’s the redemption, and the stunningly mundane lesson of real life that made Alex grow up and realize all of the mistakes that he made as a teenager. A Clockwork Orange is an amazing book with advanced language, great descriptions and a book that thoroughly explains that theme of the necessity of evil in human nature, with the language, devices used in the text, and through descriptions.

Institution Environment of Finance Essay Example | Topics and Well Written Essays - 1000 words

Institution Environment of Finance - Essay Example The channeling of funds between the two groups mentioned can only happen accurately in the presence of particular participants and via main routes such as financial intermediaries or through the use of organized financial markets. - Mishkin and Eakins (2006) discuss that financial intermediaries can substantially reduce transaction costs that can be defined as the time and money spent in performing financial transactions for instance the exchange of assets, goods or services. One major difference between 'deposit-taking institutions' (DTIs) and 'non-deposit-taking institutions' (NDTIs) is that deposit-taking institutions are organizations such as banks and building societies, whose liabilities (assets to lenders) are primarily deposits. These can be withdrawn at short (sometimes zero) notice and usually form part of the national money supply. Non-deposit-taking institutions are organizations such as life assurance companies whose liabilities are promises to pay funds to savers only in response to a specified event. Unless the specified event occurs, it is very difficult to withdraw these funds and there is usually a considerable financial penalty for savers who do so. Similarly, contributions to a pension fund cannot be easily withdrawn until the pension falls due for payment. While the difference between Discretionary financial saving and Contractual financial saving is that discretionary is a day-to-day decision to acquire financial assets of varying kinds and in varying quantities. While contractual is the regular acquisition of a financial asset of a kind, of an amount and on a date specified in a contract. Question 3 How do money markets differ from capital markets Who are the main users of money markets Basically the difference between the capital markets and money markets is that - Capital markets are for long term investments, - Companies are selling stocks and bonds in order to borrow money from their investors to improve their company or to purchase assets. Whereas money markets are more of a short term borrowing or lending market where - Banks borrow and lend between each other, as well as finance companies and - Everything that is borrowed is usually paid back within thirteen months. Another difference between the two markets is what is being used to do the borrowing or lending. In the capital markets the most common thing used is stocks and bonds, whereas with the money markets the most common things used are commercial paper and certificates of deposits. Traditionally, differences of maturity have been used, as in Table, to create a distinction

Employment Law Essay Example | Topics and Well Written Essays - 2000 words - 6

Employment Law - Essay Example Theopopolous. In addition the respondent has failed to abide by the statutory requirements pertinent to employment conduct and employment termination procedures. Originally, discrimination under the RRA 1976 can be committed in three ways: direct discrimination, indirect discrimination and victimisation. The primary distinction among the three is that in direct discrimination it is the respondent which treats the complainant comparatively less than the others by reason of the latter’s racial or ethnic origin, in indirect discrimination, it is the condition or requirement which becomes the tool of discrimination because such condition cannot be complied with by the complainant by reason of his racial or ethnical custom and beliefs, and in victimisation, the discrimination occurs after the complainant has filed a case of discrimination or done any other previous act testifying or informing others of such discriminatory practices by the employer (Race Relations Act 19976). In 2003 however, the RRA 1976 was amended to include another category – harassment – now integrated into the law as Section 3A. The said section states: The case of Gravell v London Borough of Bexley, [2007] UKEAT 0587_06_0203 which treats of racial discrimination in employment through harassment finds parallelism in the present case. The case was an appeal for a review of a part of a decision of the lower employment tribunal which struck out two specific allegations of the complainant: first, the policy of the respondent employer not to challenge racist comments, and; second, the failure of the respondent employer to correct the racial harassments made by her co-employer through test messages even though she specifically brought them to its attention. The lower tribunal’s rationale for its decision was that the allegations did not have much chance of success in the light of the obiter dictum made by the House of Lords in the case of Pearce v The Governing Body

Gun Control Research Paper Example | Topics and Well Written Essays - 2000 words - 1

Gun Control - Research Paper Example And there are people, who support the laws, which give them permission to use the guns to protect themselves or for other purposes, as they believe that it will be safer to live in such environment. Today more than 60% of all crimes and murders are performed with the help of guns. However, the gun control issue became urgent in late 1960s, when the crime rate significantly increased. Murders and assaults were increasing in number for about 30 years. People believed that introducing the laws, which will restrict the gun sale, would improve the situation. According to statistics, 70% of US population believed in this idea and supported it. However, starting from 1994 the crime rate started to decrease (at present the crime rate in the US is 17%  less than 10 years ago), and today only roughly half of the population (about 49%) support strict gun control (Barret "Why Gun Control Is Basically Dead"). Recent accidents, which deal with mass shooting and killings of people in the US, are the reasons why common citizens worry. The accidents at Virginia Tech University (33 deaths), the American Civic Association in Binghamton, New York (14 deaths), elementary school in Newtown, Connecticut (28 deaths), movie theater in Colorado (12 deaths) and other places (Barret "Firearm Sales Up + Crime Down = Gun Control Dead", Barret "Why Gun Control Is Basically Dead", "Gun Control vs. Gun Rights"), make people worry about their own lives and lives of their children, relatives and close friends. The misuse of small weapons is also considered to be one of the vital safety problems in the world. The number of small arms, used by people, significantly increased after the end of the  Cold War. Small weapons are available everywhere in the world, easy to buy and easy to keep unnoticed. Some experts state, that more than 60% of all crimes are committed with the help of small