Burden Of Proof in Civil Cases Research Paper Example | Topics and Well Written Essays - 1500 words

Burden Of Proof in Civil Cases - Research Paper Example There is considerable literature that argue against the principals of the burden of proof. The statistical element of preponderance standard as construed by †¦ is not optimal, and he argues that that the adductive approach is used to quantify the degree in which evidence should be relied on. Since the burden of evidence is classically charged on the plaintiff. The burden of evidence makes the judicial process simpler but exposes the court to errors. The outcome of the case is dependent on the evidence presented by the plaintiff. The trial process may work in favor of the defendant especially in occasions where matters involved are not recordable. This article argues that despite the importance of the burden of proof in establishing liability of the defendant, it marked by considerable shortcoming that has led to inaccurate verdicts. The burden of proof is a critical aspect of adjudication systems. Louse Kaplow in his journal acknowledges that this concept has been subjected to minimal normative analysis. This article will explore the concept of burden of proof in civil litigation and how it hardly works in our adjudication systems (Kaplow, 2014). The litigant assumes the status quo. The plaintiff is charged with the responsibility of proving a claim by factual presentation beyond a reasonable doubt. The burden of prove creates a passive and just legal environment where the complainant shows a case while the defendant establishes some defense facts. There are classical norms and standard that the evidence presented should lie within. The plaintiff will present evidence that is considered by judge/jury for possible conviction of the defendant. The defendant does not have to proof his/her innocence but in the state stands in a court of law as a reference point.   

Negotiating Strategy Negotiation practice of group Unity 04254 Essay

Negotiating Strategy Negotiation practice of group Unity 04254 - Essay Example Mainly, any trading process is including the parties like transferor and transferee. Firms have to maintain proper commitment in terms of maintaining post sales support and delivery products (Crump, 2011). In the current study, the negotiation process will be detailed out for Beaufort, XFM and Unity perspective. It is a Northampton, United Kingdom based high-end shoemaking firm. However, they are facing huge challenge from the shoe producers of Asia. Thus, they selected the strategy of ‘offshore’ production which will be done by XFM, China. This policy will be reducing the production cost as it reduces the UK based high rate workers. This study will be outlining the negotiation process between Beaufort’s management, XFM, and Unity, which is a UK trade union. The negotiation process will be outlining benefits of the UK based shoemaking employee, who are facing higher risk of job cuts for Beaufort’s offshore strategy. Druckman (2001) stated that the negotiation process of firms or other trading bodies are using the various strategies and theories for achieving best possible benefits of the involved parties. Mainly, any negotiator can use the negotiation strategies or approaches like structural approach, strategic approach, behavioural approach, processional approach and integrative approach. Organisations are adopting various types of negotiation process in order to increase commercial relationship and employee beneficiary. On the other hand, trade unions will be looking for the welfare of their members. Global firms and trade unions are using negotiation process for managing labour cost. The process also fixes up wage rates, working time and employment contracts. Organisational management can adopt various negotiation strategies for increasing the beneficiary of all the parties involved in the process. Dajani (2006) opined that structural

Management of Processes Essay Example | Topics and Well Written Essays - 1500 words

Management of Processes - Essay Example However, the pressure of globalization and foreign competition had a big impact on the revenues of these companies (Emmons, Garry 2006). Lack of vision, corporate bureaucracy, bloated product lines or overcapacity, and lack of proper business management process started pulling down the sales of the American auto majors. Where the American auto companies lost, The Japanese auto major - Toyota - gained. Toyota acquired a significant market share by exporting attractive, low-cost, fuel-efficient vehicles to America. The Japanese auto giant achieved this by focusing on refreshing their products and having the flexibility in their factories. It stressed on the importance of lean manufacturing process and evolved the Toyota Production System (TPS). The company prefers to customize existing systems and equipment rather than installing the latest fancy technology. Their plants are in a state of continual improvement and repurposing, with input from everybody. Toyota uses technology not only in the manufacturing process, but also in engineering and designing. The objective of the 14 Principles of the Toyota Way is to base management decisions on a philosophical sense of purpose and think long term, to have a process for solving problems, to add value to the organization by developing its people, and to recognize that continuously solving root problems drives organizational learning (Liker, J. 2004). Behind Toyota's assembly line are sophisticated information systems supporting and enabling the business processes that help the automaker eliminate waste, limit inventory buildup and continually improve production. The main idea behind this business process management [BPM] is to blend machine-to-machine and human-to-machine connections to improve efficiency. What drives Toyota is its presumption of imperfection. The management encourages its work force to design and implement processes that help in getting it right the first time by reducing errors. It stress on continuous improvement and a pervasive lack of complacency with whatever was accomplished yesterday. B200 - Understanding Business: Processes Business organizations are considered as complex assemblies of interrelated sets of activities in which inputs are converted into outputs. This section helps us understand how business organizations apply the systems theory to perform their activities. It focuses on the importance of processes, and the resources that are needed for organizational success. Business management is now a systematic, methodical process that guarantees efficiency and effectiveness. Dr. Fahad Al Mekrad has discussed this topic at length in one of his works (B200 - Understanding Business: Processes). Transformation Process Model Organizations perform as systems and all parts the organization are operations. Organizations can either be 'closed or 'open' systems. Closed systems are completely self-supporting, while open systems interact with their environment. Open systems receive inputs from their environment, convert these inputs into outputs, and discharge their outputs into their environment. All operations are based on this input-transformation-output model. Competing on Capabilities The building blocks of corporate strategy are not products and markets, but

Convergence Culture Argumentation Essay Example | Topics and Well Written Essays - 1000 words - 1

Convergence Culture Argumentation - Essay Example is the merging of old business idea such as marketing in business ideas that deal with the new generation goods and services while cultural convergence is when the audience becomes the user. The emergence of the media convergence has given the audience capacity to store, edit, improve and recalculate media content. This is an outcome of the current trends in new generation media which has such features like download, edit play, watch, and upload share among others. This features give the audience unlimited capacity to modify media products and take them back to the same market as if they were originals. Global convergence occurs due to international circulation of media products such as music and film content. This has further been reinforced by the development of social media platforms such as chat, face book, Sykpe, Google+ among other which make the circulation of media products very easy. It has made communication easier by development of new media gadgets that can perform multiple tasks eliminating the need to have several bulky media items. The new models are precise, efficient and portable. This means that there is the flexibility of accessing the media item even on the move, or attending to other tasks. Cultural convergence has made the global market to be more competitive hence initiating creativity and diversity to compete fairly in the market. This culture has brought about new trends in socialization making it dynamic. It has reduced the social barriers and bridged geographical barriers making it possible for people in different regions to access each other just by the click of a button. It has created a platform where media products can be improved and shared with much ease. Accessing media con tent has also been simplified. However some negative effects have come along with cultural convergence. They include: Lowering the worth of ideas in media production. Often the initiator of the original ideas do not reap from their work since other people

Instead of continuously making Essay Example for Free

Instead of continuously making Essay As a Health Educator working for an international health organization, I would conduct a need assessment process that aims to determine the problems related to how the trash is managed in the community. I would do so by visiting the factories of different industries ranging from pharmaceuticals to FMCGs, where I would analyze how the waste material is dumped or discarded by them. Secondly, I would conduct surveys through questionnaires and informal interviews with people of households and shopkeepers that would focus on how they discard the waste, why do they do so, how often, and what do they lack in effectively disposing of the waste. After gathering enough information about this, I would ascertain the problems or unwanted outcomes that are created by improperly discarding the waste materials. For example, who are affected the most, what affects them precisely, and the extent to which they are affected negatively by improper trash management. As far as the paper products are concerned, we sloppily use them and do not utilize them to their fullest. For instance, a note book or a writing pad often goes into the trash bin with lots of unused pages. Instead of continuously making new paper products such as, copies or tissue papers, we can recycle them and save a great amount of time and cost. Other technological devices and instruments are no exception, and can also be recycled and refurbished which results in saving time, costs, and energy – both by the producers and consumers. Now let’s talk about the ways and procedures that are used to recycle the products. The resources are very much available within the community; nevertheless, if someone is lacking then we would provide them the resources to cope with the problem. One way of doing so is Curbside recycling, which is the process where the residents or subscribers are provided with trash cans and are asked to confirm their recyclables, sort them out separately, put them in the bin outside their home, and keep them clean. The recyclers would come, pick the trash or materials and take them away. Recycling drop-off centre is another technique where people can drop-off the used products or materials that are listed or guided to them to a certain location, point, or centre from where the material is taken away for recycling. Yard waste recycling encourages people to bring and deposit their yard debris or green waste to the centers for the purpose of minimizing the load on landfills and providing recycled fertilizers for the use in public parks and other areas. People can find out waste or debris and can deposit or pile it up in their backyard (Selvon, 2008). And finally, ECO-CELL is another way of recycling the technological devices or instruments such as, cell phones, computers, and printers. Answer – 2 I would involve the community in the needs assessment process by creating a buzz among them about the alarming situation of waste management and its hazardous impacts over the community. I would initiate campaigns that would be designed and carried out against the improper trashing and polluting the environment; moreover, those campaigns would create awareness among the people about how they are affected, what is the better way of trashing, and how they can be benefitted from that. People would be asked to search and tell us about the problems they and other people face in the community, and what has worsened than before. Several gifts and prize money would be given as an incentive to the people to come and participate in the need assessment program and overcome the issue of improper trash management. References Selvon. M. (2008). Recycling Yard Waste is a Great Composting Solution. Retrieved on July 28, 2010. From http://ezinearticles. com/? Recycling-Yard-Waste-is-a-Great-Composting-Solutionid=1150298

Cadet Entrance Response Essay Example for Free

Cadet Entrance Response Essay Compose your own response. What are the most important qualities in becoming a successful USMA cadet and a successful Army officer? Resilience, dedication and leadership are qualities befitting for a successful USMA cadet and a successful Army officer. Resilience is not only an essential quality for becoming a successful cadet or officer, it is also essential for your life. Resilience is the ability to resurrect one’s self from hard times, to never give up, and displays ones mental strength. In the academy I’ve heard that on a cadet’s first year they undergo times of overwhelming stress in tests of emotional stability, perseverance, and ability to organize and perform under stress. With resilience and resolve a cadet will be able to overcome these stressful obstacles. Likewise, discipline is another quality in becoming a successful USMA cadet and a successful Army officer. At times resilience may complement dedication because when one dedicates their self to something, one needs the resolve to continue on with it and never give up. Dedication shows ones loyalty, commitment, and devotion, in which is an important trait when offering one’s service to their country. To finish, a successful USMA cadet and Army officer should have the quality of leadership. As a leader one must offer guidance and work together as a team to get things done efficiently. Leadership brings out control and order in a group. Showing resilience and dedication as a leader conveys a sense of trustworthiness and cooperation among their followers. Any person with a position of leadership needs to set a positive example in order to make their self charismatic and a successful leader. Having these qualities will show the mental strength, devotion, and management skills it takes in becoming a successful USMA cadet and Army officer.

Optional Helmet Law Is a Disaster for Pennsylvania Essay -- Argumentat

Optional Helmet Law Is a Disaster for Pennsylvania 1. September 4, 2003 was a sad day for Pennsylvanians. Governor Rendell signed the new motorcycle helmet law into effect, sentencing riders to death and increasing the tax burden caused by this new law. Pennsylvania is the 31st state to repeal its all-rider helmet law (Berenson 2). The new law states â€Å"no helmet is required for a person 21 years of age or older who has been licensed to operate a motorcycle for not less than 2 full calender [sic] years or has completed a motorcycle rider safety course approved by the Department of Transportation or the Motorcycle Safety Foundation† (Lobel 3). This new helmet law has increased accident fatalities and the burden on taxpayers. 2. Motorcycle fatality rates due to riding without a helmet are quickly rising. Nationally, motorcycle fatalities have increased 59 percent since 1997 (Motorcycle 1). Between September and December of 2003 in Pennsylvania, helmetless rider fatalities more than doubled, but fatalities decreased in riders wearing helmets (Wlazelek 1). Similarly, research done by the American Journal of Public Health found that motorcycle helmets severely reduce the presence and severity of head injuries resulting from motorcycle accidents (Rowland 4). Obviously, there is strong correlation between helmet use and the number of fatal crashes. The research done across Pennsylvania in the years following the repeal of the all-rider helmet law suggests that helmets do in fact decrease the risk of serious head injuries and death among motorcyclists. According to Judith Stone, increased deaths were enough for Louisiana to reject helmetless riding and revert back to an all-rider helmet law. Louisiana saw a 100 per... ...aw Repeal Concerns Region’s Hospitals. 17 June 2003. 4 October 2004. . Rowland, Jefferson, Frederick Rivara, Phillip Salzberg, and Robert Soderberg. â€Å"Motorcycle helmet use and injury outcome and hospitalization costs from crashes in Washington State.† American Journal of Public Health 86.1 (1996): 41-42. Proquest (general). Penn Coll. Lib., Williamsport. 4 October 2004. . Stone, Judith Lee. Special Commendation to Louisiana Legislature and Governor Blanco For Reinstatement of Lifesaving All-rider Helmet Law. 18 June 2004. 4 October 2004. . Wlazelek, Ann, and John L. Micek. Optional helmet law effect unknown. 30 August 2004. 29 September 2004. .