Saturday, June 6, 2020

Strong Listening Skills Process Can Aid Communication - 1100 Words

Describe Strong Listening Skills: Process Can Aid Communication (Essay Sample) Content: Listening skillsProfessorCourse nameStudents nameDate of submissionDescribe strong listening skills and process that can aid communication. How can these skills help you to become an active leader in your workplace?Listening is the ability to actually and accurately receive and interpret messages in the communication process. There are strong listening skills that include looking direct to the speakers for example in the workplace. Through this it will help in understanding the information talked about and enhanced good communication. Another listening skill is maintaining eye contact with the speaker including sending non-verbal skills to the speaker to facilitate smooth communication and enable the speaker the listener is engaged in the conversation. Using receptive language when listening, for example, using phrases such "yes" this demonstrates that the audience is keen on the information given to him or her, through this it enhances smooth communication. No interr upting and stopping talking is another listening skill that will help in the facilitation of communication, through developing this skills they will assist in enhancing the leader is keen on what the employees tell him pertaining the organization and it also ensures the complaints are well settled (Henderson, V. A. (2015). Through having this skills, it will help in evaluating from the point of communication when a person is talking. These listening skills help in responding to the communication of the workers in an organization. Listening skills contribute much in the communication for a leader when communicating with his workers or subjects.What are some factors that affect an individual's willingness to teach? List at least three ways that leaders can work with a little willingness to talk to people?Several factors affect an individual's willingness to communicate for example the desire to communicate with a particular person and state self-confidence, this factor can lead to som eone not willing to teach this because he or she will be directed to talk to anyone of their choice. Leaders should motivate those who are not prepared to deliver due to the factor mentioned above. Another factor is social encounters; this may facilitate to an unwillingness to talk in that they will be forced by personal attitudes, anxiety. Fear of learning and lack of practice may cause someone not to communicate this because, the person will-will fear to speak to its leaders or any other person in the workplace (Cardon, P. (2015). The leaders should ensure each and every subject is capable of communicating through making them practice and giving them time to prepare the communication. Another way in which the leaders should do to control such is through engaging them in various communication that will help in energizing them in the communication process. Another factor that affects willingness to communicate is distractions from within or outside for example noise, through this, t he leader should ensure there is calmness in the workplace.What are some methods you could use to adapt communication to different personalities, cultures, genders and generations?Some methods can be used to adjust into communication include, identifying the goal of the communication will help in adapting to communications to different personalities, cultures, genders, and generations. It will contribute to understanding communication from all members. Another method that can be used is explaining the aim of communication this will help in adapting to the communication because this will assist in categorizing into different situations hence fitting all communications spheres. Listening keenly to question where not understood is another method through this it can contribute in adapting to the communication to different personalities, cultures, genders and generations (Kuehn, S. (2016). Sharing ideas with the different characters will help in adapting with different communications, th rough learning cultures of different people, interacting with all genders and generations will assist in adjusting to communications from various personalities.Discuss the factors that affect responsiveness. Give an example of several responding strategies.A reaction to a condition is responsiveness to situations. There are various ways in which people react to different situations which include protective, aggressive and healthy way. These factors include misunderstanding of the communication or situation can result into responding either protectively, aggressively and also in the usual way. Need for clarity may lead into replying to a text t...

Sunday, May 17, 2020

The Battle Of Gettysburg And Civil War - 1375 Words

The Battle of Gettysburg occurred July 1-3, 1863 in and around Gettysburg, Pennsylvania and was one of the most significant battles of the American Civil War. Union forces of the North, commanded by Major General George G. Meade met and fought the Confederate forces of the South, commanded by General Robert E. Lee. Many historians believe the battle was a large turning point in the Civil War in favor of the Union (Woodworth, 2008). However, this is disputable. The battle was also significant because it was the bloodiest battle of the war, which resulted in the death of 51,112 Soldiers (The Battle of Gettysburg, The American Civil War, Statistics, n.d.). The Union forces defeated the Confederacy at Gettysburg resulting in the Confederate force’s retreat back to Virginia. Setting the Stage Major General George G. Meade commanded the Union forces, organized under the Army of the Potomac, during the Battle of Gettysburg. Meade was born in Cà ¡diz, Spain to a U.S. naval agent on December 31, 1815. Meade graduated from West Point in 1835 and served briefly in the Seminole War. In 1836, he resigned from the Army and became a civil engineer. In 1842, Meade joined the Army again. He served as a Topographical Engineer in the Mexican American War, and was a veteran of multiple Civil War battles prior to the Battle of Gettysburg. Meade received the position as Commander of the Army of the Potomac only three days prior to the Battle of Gettysburg, following the resignation ofShow MoreRelatedThe Battle Of Gettysburg And The Civil War Essay1448 Words   |  6 PagesOn July 1, 1863, the bloodiest, most gruesome war in American History began. The Battle of Gettysburg was fought in the small town of Gettysburg, Pennsylvania. The Union Army under the command of General George G . Meade faced the Confederate Army led by General Robert E. Lee. They clashed for a long, tragic, three days, but at a costly expense of human life. The American Civil War was one of the most significant battles that the United States has ever been engaged in. On the lines, there were brothersRead MoreThe Battle Of Gettysburg And The Civil War Essay1434 Words   |  6 Pagessmall town of Gettysburg, Pennsylvania, was awoken to the beginning of what was to be the turning point of the Civil War for the Union. It began as a small skirmish, but by its end it involved so many Americans to which would become one of the bloodiest battles ever taken place on Unites States soil. The Battle of Gettysburg was not only a turning point in the war. From July 1st to July 3rd, 1863, the most famous and most important Civil War Battle took place in the small town of Gettysburg, PennsylvaniaRead MoreThe Battle Of Gettysburg And The Civil War970 Words   |  4 Pagesago, our fathers brought forth on this continent a new nation, conceived in liberty and dedicated to the proposition that all men are created equal†. One of the most well-known and 16th president of the United States stated these words at the Battle of Gettysburg. A two-minute speech that made such an emotional and passionate impact on the men then and future. He created a dramatic tone to empower, motivate, and engage in the new found nation where men were created equal. A purpose of his speech wasRead MoreBattle Of Gettysburg : Gettysburg Of The American Civil War1465 Words   |  6 PagesShaJuan Ervin Dr.Seamen MIS 303-01 2/24/16 Battle of Gettysburg Day 3 The Battle of Gettysburg is widely known as the largest battle of the American Civil War. This crucial battle occurred over three days, July 1st to July 3, 1863 surrounding the town of Gettysburg. In this battle, General Robert E. Lee tactfully awaited the forces of General Meade’s Union. On July 1st the Confederates were exploited by the Union resulting in a loss. The following day, the Confederates gained ground by conductingRead MoreThe American Civil War: The Battle of Gettysburg985 Words   |  4 PagesGettysburg was fought during the Civil War between the Union Army of the Potomac led by General Meade, and the Confederate Army commanded by General R.E. Lee. The battle only was waged over the course of three days, but it would prove to be the most costly of the entire Civil War. In this paper, we will show how the Confederacy failed to identify certain principles of war, which lead them to incorrectly conduct a center of gravity and critical vulnerability analysis on t he Union. Because of thisRead MoreThe Battle Of Gettysburg And American Civil War924 Words   |  4 PagesThe Battle of Gettysburg was fought over the first three days in July 1863, in and around the town of Gettysburg, Pennsylvania, by Union and Confederate forces during the American Civil War. Confederate General Robert E. Lee led the Army of Northern Virginia, while Union Major General George Gordon Meade commanded the Army of the Potomac. The Battle of Gettysburg involved the largest number of casualties of the entire war and is often described as the war s turning point. With his army in highRead MoreThe Battle Of Gettysburg During The Civil War847 Words   |  4 Pagesin which Family members fought on opposing sides of the war, for example: the Culp Family from Pennsylvania, Crittenden Family from Kentucky. Even President Lincoln’s wife had members of her family that fought on opposing sides. This is the perfect example of people fighting for their own cause not just because there was a line drawn on a map. Before the Battle of Gettysburg even started many soldiers had fought side by side in multiple battles as US Soldiers, where many friendships were born. OnceRead MoreThe Battle Of Gettysburg And The American Civil War1993 Words   |  8 Pagesagree that the Battle of Gettysburg was the turning point in the American Civil War. Some even go as far to as to call it the â€Å"high water mark† of the Confederate States. What is known is that it represented the last time a coherent Confederate Army threatened northern soil. In fact, from Gettysburg forward, the Confederation of Southern States would be fighting a defensive/fighting retreat. Gettysburg was one of the bloodiest battles of the war, but there were many bloody battles during the AmericanRead More The Battle of Gettysburg as the Turning Point of the Civil War1603 Words   |  7 Pages  Ã‚  Ã‚  Ã‚  Ã‚  Gettysburg was the turning point of the American Civil War. This is the most famous and important Civil War Battle that occurred over three hot summer days, July 3, 1863, around the small market town of Gettysburg, Pennsylvania. More importantly Gettysburg was the clash between the two major American Cultures of their time: the North and the South. The causes of the Civil War, and the Battle of Gettysburg, one must understand the differences between these two cultures. The Confederacy had anRead MoreThe Battle Of Gettysburg As A Turning Point Of Civil War1048 Words   |  5 PagesResearch question: Why was the Battle of Gettysburg considered a tur ning point of Civil War and what are the economics impacts of the event during the time? I. Introduction This purpose of this paper is to show why the Battle of Gettysburg was considered a turning point in Civil War and what are the economics influences of the outcome during the time of the event. The influences on both North and South’s markets are studied and will be shown whether any changes were made during the turning point

Wednesday, May 6, 2020

Natives and Self-government Essay - 4518 Words

Natives and Self-government From the moment of organized European appearances in North America, negotiation has been a central characteristic of relationships between aboriginal residents and newcomers. It is a characteristic that has been evident in treaty-making throughout Canada for more than three hundred years and it continues to be the order of the day in modern treaties, claims and agreements being negotiated with First Nations, Inuit, and Mà ©tis across in Canada. 1 One of the central issues in the negotiations over the past three decades has been the question of aboriginal self-government, which has taken second place only to comprehensive land claims negotiations in areas where no treaties have been signed to date. VIEWS OF†¦show more content†¦Among academics, political leaders, and government representatives differences of opinion and concern abound: differences about the most beneficial structure of self-government, about who controls what, about when self-government should be implemented, about whether or not a true form self-government can ever be achieved. Those who are critical of current forms of aboriginal self-government view them as little more than convenient arrangements that allow aboriginal people administrative responsibility for services which are ultimately controlled by the federal or provincial government.3 They argue that self-government is essentially glorified municipal government; arrangements which are far from the ideal of a third level of government equal in legislative and financial authority to the federal and provincial governments.4 Self-government proposals also have their critics among the very people for whom it is intended. For example, Inuit women have objected to many parts of the Nunavut agreement mainly because of concerns about an emphasis on conventional southern Canadian notions of resource management. They also had concerns and about an emphasis on the economic, social and political roles and issues for men at the expense of those of women in Nunavut (Inuit Women†°s Association, 1993). InShow MoreRelatedAboriginal Self-Government in Canada Essay982 Words   |  4 Pagesaboriginal self-government? If the government were to go ahead and give the natives there own government they would be losing money and would most likely have angry taxpayers after their asses for the rest of there sorry political lives. The government would also have to deal with a swarm of Quebecans that would be harassing them because of their decision to give the natives their own government, because of their 1995 appeal to s eparate from Canada. The Quebecans would believe that if the natives get whatRead MoreIndian Self Determination And Education Assistance Act Of 19751476 Words   |  6 PagesIndian Self-Determination and Education Assistance Act of 1975 The Self Determination era is defined as the revolution of perception, recognition, and assistance by the Federal Government towards the Tribal Community. This Era recognized that Native Americans ability to govern themselves and that the Federal Government should provide assistance through funding various programs such as education, reservation development, and cultural renewal(Castile 1998). Along with the financial support was anRead MoreIndian Gaming Regulatory Act Of 19881337 Words   |  6 Pagesmade gaming a significant part of tribal economic development. Gaming has brought about economic self-determination for Native Americans for the first time in over two hundred years (Neath, 1995). Over two hundred of the United States’ 544 federally recognized tribes have established gaming on tribal lands (Neath, 1995). However, along with the economic profits, Indian gaming has brought many Native Americans back to reservations after many years of living off-reservation. The IGRA, or Indian GamingRead MoreCentral Problems Of The Articles Of Confederation Essay1718 Words   |  7 Pagesrepresentation of large and small states, slavery, and state sovereignty? The Patriots desired to have a central government with limited powers. The Articles of Confederation, a written document defining the structure of the government from 1781 to 1788, only had powers to declare war, make treaties, borrow and print money; however, it lacked the power to tax either the states or the people. The government continued to print money which caused inflation. They also owed the French for the financial backing ofRead MoreThe Classification Of Native Americans1457 Words   |  6 PagesThe classification of Native Americans by the United States government has long produced tension. Native Americans within the United States are classified using standards that differ from those used to classify other racial or ethnic minorities, specifically African Americans. While, historically, the classification of African-Americans as relied upon the â€Å"one-drop† rule, the classification of Native Americans over the past hundred years has relied upon varying, complicated, and ultimately arbitraryRead MoreThe Nations Within Our Nation Essay1435 Words   |  6 PagesNations Within Our Nation Native Americans within the United States are the aboriginal population of the land. America was not a vacuum domicillium (empty landscape) when explorers arrived—that was just a statement tool used to justify the mass genocide and conquests that occurred after colonization (Welch 9). There were millions of Native peoples that populated this land with preexisting political structures and tribal relations of their own. In today s time, the Native American people are not fullyRead MoreNative Americans and the Frontie Essay989 Words   |  4 PagesNative Americans and the Frontier The Native Americans of today are descendents of the Mongoloid people who migrated from Asia into N. America somewhere in between 20 to 40,000 years ago. When the Europeans rediscovered N. America at the end of the 15th century, the Native Americans whom they discovered were particularly diverse in nature. They were diverse in terms of their religion, political organisation and their language. Aspects of the relationshipsRead MoreNative American Self Determination Movement1441 Words   |  6 Pagesfollowing on from this last point the Native American self-determination movement has achieved almost all of its victories without outside help. Indeed many organisations such as the National Congress of American Indians (NCAI), Native American Rights Fund (NARF) and National Alaska Native American Indian Nurses Association (NANAINA) are run by and for Native Americans and their interests. As with most civil rights movements but even more the case as Native Americans have their own sovereign citizenshipRead MoreThe Exploitation of the Native Americans1596 Words   |  7 PagesExploitation of the Native Americans The Native Americans are a prime example of the repression, poverty, and discrimination many minority groups have had to endure throughout the years. The Native Americans had their own land, culture and language. They were people able to adapt well to their particular region by hunting, fishing and farming crops. Their cultures primarily rested on wise use of all natural resources available. Many historians believe there were between 6 and 10 million Native AmericansRead MoreThe Fight For Native American Rights1573 Words   |  7 PagesIan W. Broekemeier Mr. Brian Hardie Honors English 11 8 December 2015 The Fight for Native American Rights and the Restoration of Native American Culture For longer than we care to admit, as European Americans, racism has been a significant and controversial part of our identity. Every race and culture new to the United States has experienced unique stereotypes and discrimination, and although these issues have for the large part been amended, racism and racist tendencies have yet to be completely

leases and Their Accounting Standards

Question: Discuss about the leases and Their Accounting Standards. Answer: Introduction: The goal of the present assignment is to deal with leases and their accounting, that has developed as the sole matter and the changes made on behalf of the International Accounting Standard Board (IASB). Due to such a development, AASB 16 leases on or after the 1st of January, 2019, being the yearly reporting times, would replace the new level of accounting AASB 17 leases. Several documents related to accounting and consultation discussed different aspects of lease accounting. This was before the issue related to AASB leases. Spencer and Webb constitute one of the resources and have helped to carry out a significant review of literature of academic nature. The academic sources are on accounting and are related to operating leases. It can be said that the present assignment deals with providing a critique till that extent which discusses the significant features of financial information. This is in the disclosures for operating leases. The extent to which the source Spencer and Webb discusses the important aspects of economic information in the operating leases disclosures: For the last thirty years, the corporate leasing activities related to accounting have been both analysed and debated. In the present situation, the Financial Accounting Standards Board (FASB) and International Accounting Standards Board (IASB) have been involved in implementing the standards or benchmarks to facilitate the modification of financial reporting in connection to operating leases (Xu et al., 2017). The leases under consideration are treated as off-balance sheet item with regard to the Spencer and Webb conducted literature. This is for anticipating the after effect of any modification (AASB, 2015). The specialists have carried out the entire research to understand the reasons behind the appointment of firms in the case of operating leases and the effect of related information on the individuals who use them (AASB, 2015). Apart from this, the research personnel have carried out reviews on the different articles previously considered and associated directly with the concept of leasing. Going by the review reports the involvement of the organisations in the activities of the off-balance sheet to lease in portions is to manage the preparation of the financial statement. In compliance with the other researches, it is feasible to make utilisation of the operating leases to manage cost and also facilitate the saving of the overall capital. Ultimately, it is beneficial for the organisations itself. Specifically it can be said that the researches help in the revelation of credit rating agencies, the money-lenders, apart from this, the participants of the capital market have more in depth knowledge of the off-balance sheet leases and these ultimately help in the effective decision making (Annan, 2014). Spencer and Webb provide data about the existing proposals, the current standing of the divergence of the IASB and FASB along with the distribution of expenditures related to the operating leases. Careful observation has revealed that reporting has been recommended as the sole combined leasing expenditure whereas IASB suggested the non-distribution of the constituents of amortisation and interest (Carey, Potter Tanewski, 2014). Several recommendations by the IASB and the FASB have not been able to provide adequate importance to the operating lease expenditures. This is despite the fact that the non-distribution of information related to financing and operating activities is necessary. The regulators require the researchers point of view and hence their reviews. This is due to the fact that the reporting standards linked with operating leases are contradictory (Council, 2014). Operating lease treatment in connection to AASB 16: The leasing payments related to operating leases require to be realised in a systematic way or on a straight-line basis. Therefore, it can be said that it is essential for the leaser to implement other systematic bases for the operations if it is considered suitable. Additionally, it is important to identify the depreciation costs to help in the earning of the lease income in the form of expenditure (Wong Joshi, 2015). There is the necessity of adding costs to the assets carrying value. These costs are nothing but the operating direct costs incurred while obtaining the operating lease. The costs require to be realised in the form of an expense over lease or in the form of an identical basis similar to that of income. The depreciable asset is that asset which is subject to operating leases and it also needs to be inconsistent with the depreciation method which involves the leaser for the asset which is identical. The depreciation method for the asset needs to be inconsistent. It is a bsolutely crucial for the leaser to compute depreciation abiding by the AASB 116 and AASB 138. Apart from this, it is necessary for the leaser to apply AASB 136 to determine whether the operating lease could be accounted for impairment loss as well as subject to the leased conditions. It is relatively difficult for the manufacturer to track the profit from the asset sale at the time of the operating lease, as it is non-identical to the sales (Wong, Wong Jeter, 2016). It is required of the leaser that he consider and go through the differences in connection to operating lease as a fresh lease from successful modification date related to the accrued payment of lease of the actual lease as the portion of payments of the fresh lease. The leasers objective of disclosure constitutes the basis of the financial statement used to analyse the impact of leases on the complete financial performance, the condition offinances and the leasers cash flow. The aim intends to share the information with the help of notes accompanied by the information balance sheet, cash flow statement and income statement (Spencer Webb, 2015). Operating Lease Disclosure: The aim of the disclosure for the leaser to share the information in the form of notes and give access to information in the balance sheet statement, income statement and cash flow statement gives an insight to the effect of evaluation on the economic position due to leases. It is important for the leaser to disclose the amounts for the year of reporting in connection to profit or loss from the sales, the financial income connected to the net investment of lease as well as income related to variable payments of lease not at all relying on the index (Dakis, 2016). The credit ratings and consistency of accounting information are related deeply with the operating leases with the effect on operating leases risk. Spencer and Webbs research work reveals that the credit rating can be classified into seven categories which starts from AAA (1) to CCC or smaller (2). It has been found by the research personnel that there is some relevance of operating lease in connection to financial lease during reliability in the operating lease disclosures (Gas, 2016). It can also be added that pertinence of risk of the operating leases is affected by consistency pertaining to accounting information for describing the credit risk. In order to anticipate the amount of obligations connected to the operating lease, the mode of present value calculation takes into account the amount incurred for payments of lease, which is fixed over the term of lease (Holland, 2016). On the other hand, there is the existence of constructive capitalisation of operating lease. However, during the organisations different contracts of lease at different time periods, the amount of lease payment minimises gradually due to the contract expiry dates. Despite the re-categorisation of the constructive method and rating of credit, the findings and ratings hardly differ (Loyeung Matolcsy, 2015). Conclusion: It can be inferred that there is the existence of a strong association or connection between credit rating and the operating leases. It can be added that, the financial leases as well as the operating leases are processed in a similar way while determining the rating of credit. There is however the existence of considerable variation of the financial lease along with the operating lease risk approach. Further, the capital market indicates that the off-balance sheet operating lease is taken into account during the credit risk assessment. This is done to indicate results that are more reliable. It can be inferred from the study that the influence of capitalisation of operating lease on the rating of credit irrespective of the understanding and knowledge of operating lease disclosures due to several limitations. For example, it has been inferred that the reliability and consistency of the accounting information has tremendous effects on the risk approach in connection to the operating lease through the utilisation of the remnants of the lease contracts with the proxy for the accumulation of information, which is consistent. Both the FASB and IASB have initiated freshstandards of finance and accounting for those leases, which require the leasers to realise all assets. These include financial assets as well as operating leases under the financial position statement. In case, the authorities make this consideration of circumstances, the consistency of accounting information effects the pertinence of risk which is related to the operating lease. Such a detailed analysis and evaluation has facilitated the transfer of information in relation to capitalisation of operating leases. Thus, it can be concluded that much importance should be given to the detailed analysis and information collected on th e topics to help facilitate in important and valuable decisions. References: AASB, C. A. S. (2015). Investment Property. Annan, M. (2014).The Case of Lease Accounting(Doctoral dissertation, University of Amsterdam). Carey, P., Potter, B., Tanewski, G. (2014). AASB Research Report No. Council, K. I. (2014). Annual Report 2015-2016. Dakis, G. S. (2016). Upcoming changes to contributions and leasing standards.Governance Directions,68(2), 99. Gas, N. (2016). Significant Developments. Holland, D. (2016). Simplifying income recognition for not-for-profit entities.Governance Directions,68(11), 666. Loyeung, A., Matolcsy, Z. (2015). CFO's accounting talent, compensation and turnover.Accounting Finance,55(4), 1105-1134. Spencer, A.W. Webb, T.Z. (2015). Leases: A Review of Contemporary Academic Literature Relating to Lessees.Accounting Horizons,29(4), 997-1023. Wong, J., Wong, N., Jeter, D. C. (2016). The Economics of Accounting for Property Leases.Accounting Horizons,30(2), 239-254. Wong, K., Joshi, M. (2015). The impact of lease capitalisation on financial statements and key ratios: Evidence from Australia.Australasian Accounting Business Finance Journal,9(3), 27. Xu, W., Xu, W., Davidson, R.A., Davidson, R.A., Cheong, C.S. Cheong, C.S. (2017). Converting financial statements: operating to capitalised leases.Pacific Accounting Review,29(1), 34-54.

Monday, April 20, 2020

That Newfangled Technology Essay Example

That Newfangled Technology Paper Set Phasers on Stun Case Case 14: That Newfangled Technology Summary: On the morning of September 8, 1923, Lieutenant Commander Donald T. Hunter was assigned to responsible for leading fourteen destroyers of Destroyer Squadron 11 to depart from San Francisco to San Diego. They were returning home after an escorting Battle Division 4 from Puget Sound to San Francisco. At that time, the Destroyer Squadron comprised with leading flagship that commanded by Captain Hunter, USS Delphy (DD-261) and followed by; the four ships of Destroyer Division 33, USS S. P. Lee (DD-310), USS Young (DD-312), USS Woodbury (DD-309), and USS Nicholas (DD-311); the five ships from Destroyer Division 31, USS Farragut (DD-300), USS Fuller (DD-297), USS Percival (DD-298), USS Somers (DD-301), and USS Chauncey (DD-296); and four ships from Destroyer Division 32, USS Kennedy (DD-306), USS Paul Hamilton (DD-307), USS Stoddert (DD-302), and USS Thomson (DD-305). The warships conducted tactical gears and weaponry exercises en route, including a competitive speed run of 20 knots. Later in the day, as weather worsened, the ships formed up a column on the squadron leader â€Å"Delphy†. That evening, around 2000 hours (8:00 p. . ), the leading flagship broadcast an erroneous report, based on an improperly interpreted radio compass bearing, showing the squadrons position about nine miles off Point Arguello. About an hour later, the destroyers turned east to enter what was thought to be the Santa Barbara Channel, though it could not be seen owing to the thick fog. Unfortunately, due to a combination of abnormally strong currents and navigational complacency, it led the squadron onto the rocks offshore point and rugged area of San Miguel Island, near Honda Point. Just after turning, Delphy struck the rocks at 2105 (9:05 p. m. ), plowing ashore at 20 knots. We will write a custom essay sample on That Newfangled Technology specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on That Newfangled Technology specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on That Newfangled Technology specifically for you FOR ONLY $16.38 $13.9/page Hire Writer More than worse, Delphy was followed by S. P. Lee, which hit and swung broadside against the bluffs. Young piled up adjacent to Delphy and capsized, trapping many of her fire and engine room crew below. While Woodbury, Nicholas, and Fuller struck reefs and ran aground offshore, Chauncey ran in close aboard Young. However, the alarm sirens slowed Somers and Farragut enough, so they just touched ground before backing off to deeper water while the five other destroyers steered completely clear. Although heavy pounding surf broke over the seven stranded destroyers, eventually breaking the Delphy into two parts. Hundreds of thousands gallons of fuel oil from seven ships spilled into the crashing waves, carbide bombs were exploded when they came in contact with the water, and numerous fires began on the ships and on the surface of the sea. Finally, 23 men died in the ensuring attempts to abandon the ships and make it to shore in the darkness and heavy surf. About 450 survivors from the seven warships made their way slowly to the narrow and rocky beach below the cliff during the hour that followed. S. P. Lee S. P. Lee Fuller Fuller Woodbury Woodbury Chauncey Chauncey Delphy Delphy Young Young Nicholas Nicholas What Went Wrong: It later turned out to the light that the Squadron was actually several miles north and further east, but Captain Hunter had disbelieved the accuracy of a Point Arguello radio signal. Following the turn, Point Arguello was dead ahead, and distant only about two nautical miles. The Point Arguello light may have been hidden by the fog. However, did Captain Hunter issue an order to change-of course of 95 ° left turn, or did he order his ships to turn to a bearing of 95 ° magnetic? Additional Factors: Communication between Captain Hunter and Radioman Falls: The communication between Captain Hunter and the radioman was misunderstood. The radioman would report the wrong bearings, when the reciprocal bearing should have been reported instead. Had the correct bearings been reported from the beginning, the ship wouldn’t have crashed. â€Å"Newfangled Technology† Feedback: The mistaken â€Å"error† proved that Captain Hunter cannot always rely on his strong self-reliance and that even a skilled mathematician makes mistakes; and that it’s acceptable to rely on technology. There was no feedback given back to Captain Hunter to state its’ reasoning behind the bearing that was being reported to him. Also, there was no feedback given to challenge Captain Hunter’s navigations. If more feedback was given, it could have been sensed that navigation was off route. Continued use of â€Å"That Newfangled Technology†: After the incident of being reported the wrong bearings, Captain Hunter still continued to use the navigation by radio bearing. It was assumed as an honest mistake. It wasn’t until after the crash that Captain Hunter realized that the radioman was giving him the correct bearings from the beginning. This could have been prevented if the system would have been checked after the first wrong bearing, to see what the reasoning behind such an error was; instead of continuing on the journey. More Information: According to an article by Noah Andre Trudeau, â€Å"California Naval History – Point Honda: A Naval Tragedy’s Chain of Errors†, a lean budget and distrust of new technology contributed to a naval tragedy at Honda Point, California (Trudeau, 2012). Speed was the essential creed of the early to mid-20th century destroyer driver. Determination and self-confidence was a style of command in which those qualities could achieve the impossible while in peacetime the same attributes contributed to one of the U. S. Navy’s most significant disasters (Trudeau, 2012). The 18 ships were meant to travel along the California coast to San Diego, with their two high powered and low powered turbines, four tall thin funnels and a book speed topped at 32 knots. Due to the postwar budget cutbacks, they were operating at 20-30% below full complement. Although a lot of live were lost during this tragedy, all the blame wasn’t on Captain Hunter. Everyone played a part, from, Watson’s fixation on making a record 20-knot passage along with his failure to supervise the navigation, Blodgett’s inability to express his concerns, and the silence of the other squadron officers. Uncertainties surround the new technology, unusual weather conditions and minor equipment problems also played a part (Trudeau, 2012). Lesson Learned: This case illustrated the importance of human error and testing all new technology before use. Although all faults in the technology may not be quickly discovered testing all aspects is critical. It is learned that although you may be proficient in a skill and have applicable experience, mistakes still happen. The people with great skill and power, like Lieutenant Commander Donald T. Hunter, are still fallible as human beings. Despite having a fully functioning technology system to navigate, it shouldn’t completely be dependent on. Instead, the two should assist each other, human intelligence and newfound technology. Additional Reference: Trudeau, N. A. (2012, March 2). California Naval History-Point Honda: A Naval Tragedys Chain of Errors. Retrieved October 29, 2012, from The California State Military Museum: A United States Army Museum Activity: Preserving Californias Military Heritage: http://www. militarymuseum. org/PtHonda. html

Sunday, March 15, 2020

Summarize and Analyze the Draft of Thai Class Action Essay Example

Summarize and Analyze the Draft of Thai Class Action Essay Example Summarize and Analyze the Draft of Thai Class Action Essay Summarize and Analyze the Draft of Thai Class Action Essay The proposed final draft of class action of late Justice Somboon Boonpinon’s object is to solve the problem of mass tort or mass injured person. This draft was made from the model rule 23 of the united stated about class action. This class action has to be separate from the normal civil procedure as it has its special characteristic which differs from the normal procedure. The most important and significant feature of class action is draft of section 222/35 said â€Å"the decision will bind all member of the class† regardless whether they have involved in the litigation or not. This is overrule the principle of section 145 of Civil Procedure code; within paragraph 2 said â€Å".. the decision shall not bind third person.. † Moreover, this draft section 222/35 grants the power to the counsel to enforce the decision on behalf of the plaintiff and the member of the class. The member of the class only has the right to request his share but not to enforce individually. In present procedure, the counsel of the plaintiff will have the authority to do so only his client grants him the power. From the most different feature, I will now summarize the rest of the different feature of the class action draft. The injured person who will be regard as one member of the class are the person who has the same right arisen from the same fact and same principle of law even they have got different type of injury. (Section 222/1) Still, the court can order to sub-class by different type of injury (Section 222/24) The cases that have been out in the draft to be eligible for class action are the (mass) tort, contract and the dispute arisen from other laws such as environmental law, consumer law labor, security and exchange etc. Section 222/5) The plaintiff may file the request to process the case as the class action case with his statement of claim, in order to do so he must state his reason. (Section 222/6) The court fees in the common issue will be request only from the plaintiff who first brought the suit to court. (Section 222/7 paragraph 2). This is economical for all injured person. In order to grant the class action proceedings, the court must concern both parties’ presentation and the benefit for all parties. And the class action proceedings would be granted only if the court found the reasonable fact to believe that; There’s common issue, both fact and law, between the member of the class. The members of the class are numerous that the normal procedure cannot work effectively or it would be to complicate and inconvenience. It would bring fairness and efficiency than bringing the suit in normal procedure. The counsel of the plaintiff has potential enough to guard benefit for all members. He must have time, resources, devotion/fairness and knowledge. In this point, the draft did not concern who is the first counsel filing the statement of claim, in other words, in deciding who will be the counsel of the plaintiff did not concern the time of filing the statement. (section222/10) This is different from United States (US) practice because US grants the right to submit the request for class action proceedings before filing the statement of claim but our draft was drawn differently as our drafter thought it should be better if we know the whole picture of the case before deciding what type of the case is. And because the class action case cause a lot of effect to the defendant therefore the draft has given the right for the defendant to file the objection of such order even if he has not yet become the party of the request (the request is a matter between the judge and the plaintiff). In this essence the defendant has the right to file the counter claim against the plaintiff as well. In addition, the court remains its right to cancel class action order if he found it is not giving any effectiveness than doing the case individually. (Section 222/9) The plaintiff must pay the fees within the time limit otherwise, the court will deemed that he voluntary dismiss the case and will strike the case out of the list. (Section 222/11) The court than must give his most reasonable notice under that circumstance for instance newspapers and must give the time limit for the member to opt-out of the class list. (Section 222/12) The people who opt-out of the class will not be bind by the decision of the court. After the time limit the member can opt-out from the class list only by the approval of the court. Section 222/13) This is significantly different from the Civil Procedure code section 145. However, the people who opt-out of the class list reserve always his right to bring the suit to court. The hearing can be replaced by the affidavit testimony of the witness sign by the person who testify including opinion of the expert witnesses. (Section 222/20 paragraph 2 and 222/23). This helps the problem of time consuming. In my opinion, the affi davit of the witness should have some restriction. For example, it would be valid in condition that the affidavit contents of the witness original/own words. Because the counsel of the plaintiff has to devote himself, both time and resources of his own, he must have some reward from doing such great benefit to the society. If not, then there may not be an incentive for the lawyer to accept to be the counsel of the plaintiff. The court will have the power to determine the amount of award for the counsel with regard to his effort, resources and knowledge he put in the work. In this light, the counsel shall submit the court of the statement of expenses. However, the ceiling of the award is 30 percent from the amount of damages given by the court. Section 222/37) In enforcing the damages, the court must determine the enforcing rule and condition in his decision. If there is a claim for stay of execution, the court of first instance will have the final word of such order. (Section 222/38) This is, I think, because the court of first instance is the most related to all the fact in the case. In common law system, the appeal court is likely to li mit their power in reverse the fact of the court of first instance. He shall reverse only there’s an abuse of discretion of the court of first instance. Because the class action case concerns a lot of injured person and mostly they would love to be compensating as quick as possible that’s why we should have the leap frog procedure. The draft of section 222/45 then, give right to appeal directly to the Supreme Court in order to save time and get the injured persons compensate as expenditure as it can be. In apply the class action procedure into our system; the judge must concern always his newly active position. Hence, there are some active roles of the judge put into the draft for instance Section 222/20 paragraph 1. In addition, in awarding damages for the class, the judge must indicate the specific amount of money that would be paid to the plaintiff. (Section 222/36(3)) Still, the problem may arise where the class member did not active their right by not requesting for their damages. The court should have the right to order what to do with the rest amount of damages; may put into society fund etc but in my opinion, the court should primary send the notice or the form for injured person (class member) to fill in. In this way, if such person did not fill in, then we would know that he has waived his right in the damages. In requesting damages of the class member, the draft has granted the right for other members of the class to file an objection. (Section 222/40). This I find it useful to get rid of the people who did not has any interest in the sum but still filing for the objection. However, I think we have to concern about the time and the complication as well. Therefore, we should put the qualification of the person who will be eligible in filing the objection to the court into the draft. Nevertheless, in granting the award, the court should put the priority to the court fees before the award for the counsel of the plaintiff. I’m in the opinion that this draft of class action will succeed its rational of the draft as it can help effectiveness in access the civil injured persons to justice because it can protect mass injured person in a single action, it is less time consuming. It will help those who cannot afford themselves in litigation or those minor who can’t bring the suit on their own. It also helps in case where the damages are little but vast of injured person. Each person damages may exceed the litigation fees but if combine all damages together, it may be worth. As in common issue, only one amount of fees is required so injured person will be compensate and the economic purpose is accomplished. In this regard, when people can file all cases in one action, it tends to reduce the repetition of claim. Nowadays there are more people in the society. And they love/oblige to stay or doing the same thing. That’s why we see more frequently that one action can cause mass injury. As from the rational above, it is time for Thailand to import the class action.

Friday, February 28, 2020

Consumer Culture Essay Example | Topics and Well Written Essays - 1750 words

Consumer Culture - Essay Example This is seen through the way they dress, their behavior, voice, hairstyle, or body characteristics (Edwards & Alexander, 2008). An individual’s identity should not be considered from ones behavior but from the way, others react towards you and the ability to keep on going narrative. This essay will focus on how self-identity has contributed to identity construction in the modern consumer society, and how gender identity is constructed, negotiated and presented within a market place. There will be a discussion on issues of masculinity and how they have contributed to gender identity. The existence of a body as a conduit for intentionality and the role of body image body image self-identity. Body The modern consumer society, which is marked with high reflectivity, is conscious of the heightened need for the construction of individual identity. In the modern consumer, society individuals have learnt how to construct, negotiate and represent their gender identity in a market place (Edwards & Alexander, 2008). The centrality in the reflexivity within the modern consumer society has resulted to individuals’ ability to confront and conceptualize their identities. In their quest for self-identity, they always want to know how they should act, what they should be, and what they need to do regarding their gender roles. These questions about what an individual should do and how to behave are always answered from the day-to-day social interaction. Self-identity is not made up of set characteristics but understanding of self-identity is through reflexivity, which creates an understanding of a person’s biography hence representing him as a social actor who has a consistent sense within self (Edwards & Alexander, 2008). This is evident from the way a person interacts with people and the way in which he represents himself in a social setting for example in a market place. Existence of a body as conduit of intentionality The behavioral theorists have publis hed a lot of work that theorizes the relationship between self and the body. Together with other phenomenologist’s course satire and Merleau Ponty recognizes that, a person’s presence in the world means that there is existence of a body, which is a material thing. For the body to exist the process should be dynamic. Existence means that you should always be in action. A person attains correctness and the fullness of existence if he is always active (Edwards & Alexander, 2008). To exist means to perform, Heidegger and Merleau in their ideas about the body as a conduit for intentionality have reversed Descartes’ claims that the certainty of existence is through relocating the locus from† I think† to â€Å"I can†. Death therefore is a transformation from† I can â€Å"to â€Å"I can no longer do†. This issue of death therefore says that there is no activity because there is no life. The account of bodily existence that was highly art iculated in the theories of feminism meant that although there was that essence of the body, the point of view lived in a different manner for both men and women. There was an assertion that there is lack of significance in the biological facts that bring the difference between men and women (Edwards & Alexander, 2008). The image of the body The image of the body is understood with others depending on the image that they create about a person and this plays a great role in the modern consumer society. Several definitions define the body image. It is