Wednesday, August 26, 2020

Research process Essay Example | Topics and Well Written Essays - 500 words

Examination process - Essay Example Stage 2: Collection of auxiliary information: - The subsequent stage that will be followed in this setting of the investigation is assortment of optional information. In this viewpoint pertinent optional information can be utilized. For instance information from other travel organizations with respect to their uncommon visit bundles can be gathered to fill the need. The auxiliary exploration must be conveyed to know the realities, for example, the vacationer goal that will have the option to give settlement to individuals incapacity. The auxiliary examination can be additionally about offices required for a handicapped individual. Stage 3: Once the auxiliary information is gathered, the subsequent stage is to gather the essential information. In this point of view among subjective and quantitative type of exploration, subjective examination must be utilized. It is on the grounds that the objective gathering is little in numbers and consequently the necessary respondents will be additionally less. The example will be 5-10 handicapped individuals. The information will be gathered through perception strategy as it is the most ideal way. Through perception strategy the examples and issues of the impairs will be distinguished and likewise the qualities can be

Saturday, August 22, 2020

Events after the Reporting Period Financial Reporting

Question: Depict about the Events after the Reporting Period for Financial Reporting. Answer: The arrangements as respects calculation and discloser of censure are contained in the AASB 1021. In regard of the adjustment in the rates and strategy for devaluation, the arrangements of passage 6.3 this standard necessitate that impact of such change must be given in the present year fiscal reports and the deterioration for the future years must be processed thinking about such changes (AASB 1021, 1997). Further, the standard additionally gives that the earlier period budget reports ought not be given any impact in regard of the adjustments in the rate and technique for expostulation (AASB 1021, 1997). Applying these arrangements to the present instance of Rainyday Ltd, the devaluation for the monetary year 2015-16 would change as has been turned out to be underneath: S.No. Depiction Sum ($) A Cost of assembling hardware 500,000.00 B Life 10 C Lingering esteem 0 D Deterioration every year (A-C/B) 50,000.00 E Deterioration for 2013-14 and 2014-15 (D*2) 100,000.00 F Recorded an incentive on 01.07.2015 (An E) 400,000.00 G Changed life 6 H Changed deterioration from 2015-16 and onwards (F/G) 66,666.67 In this way, it very well may be seen from the over that the deterioration for the monetary year has changed from $50,000 to $66,666.67 because of progress in the powerful helpful existence of the hardware. The adjustment in the deterioration is non-altering thing for the past monetary years; in this way, the chiefs of Rainyday Ltd are exhorted not to make any alterations in the records for this change for the past budgetary years 2013-14 and 2014-15. 1(b) according to the arrangements of the AASB 108, the change for the blunders and oversights of the past periods is given in the current fiscal summaries by rehashing the benefits, liabilities, and the value. Further, charge impact of such alteration is represented as per the arrangements of AASB 112, Income Taxes (AASB 108, 2013). On account of Rainyday Ltd, the fix cost of $25,000, which remained unaccounted in the year 2015, should be balanced in the books in the year 2016. The changing diary sections for Rainyday Ltd are given beneath: Diary for Prior Period Adjustments: Rainyday Ltd 2015-16 Date Depiction Charge ($) Credit ($) 5-Jul-16 Fix cost 25000 Money 25000 30-Jun-16 Held income 25000 Conceded charge 7500 Fix cost 25000 1(c) According to the arrangements AASB 9, the measure fall in the reasonable estimation of the value instrument is perceived in the fiscal summaries (AASB 9, 2010). Further, the arrangements of the AASB 110 involve that the occasions occurring after the closer of the monetary year yet before the finish of the fiscal summaries, ought to be balanced (AASB 110, 2011). Along these lines, Rainyday Ltd ought to alter the loss of $350,000 ($800,000-$450,000) in the benefit and misfortune represent the money related year 2015-16 by passing the accompanying diary section: Diary: Rainyday Ltd 2015-16 Date Depiction Charge ($) Credit ($) 30-June-16 Benefit and misfortune account 350000 Value speculation account 350000 1(d) In the present circumstance, the since the indebted person of the organization has failed before the finish of the budget reports, the occasion is modifying nature according to the AASB 110 (AASB 110, 2011). In this manner, the RainydayLtd ought to discount the rest of the sum $450,000 too in the budgetary year 2015-16 itself by passing the accompanying diary section: Diary: Rainyday Ltd 2015-16 Date Portrayal Charge ($) Credit ($) 30-June-16 Benefit and misfortune account 450000 Terrible obligations 450000 2. Diary for share issue: Sunny Ltd Date Portrayal Charge ($) Credit ($) 31-Jan-16 Money Trust 1,890,000.00 Application 1,890,000.00 (For application cash on customary offers got) 31-Jan-16 Money 30,000.00 Offer alternatives 30,000.00 (Issue of 60000 offer alternatives at 50c each) 12-Feb-16 Application 1,890,000.00 Offer capital 1,800,000.00 Offer designation 90,000.00 (For shares apportioned and abundance cash got on application balanced toward designation) 12-Mar-16 Money 1,890,000.00 Money Trust 1,890,000.00 (Move on assignment of offers) 12-Mar-16 Assignment 600,000.00 Offer capital 600,000.00 (Assignment cash due on 600000 offers) 12-Mar-16 Money 493,000.00 Assignment 493,000.00 [Allotment cash got on 580000 shares=$580000-$90000)] 20-Mar-16 Offer capital 80,000.00 Offer relinquished (630000/600000*20000)=21000 shares*$3 63,000.00 Assignment 17,000.00 (20000 offers relinquished) 5-Apr-16 Money 74,000.00 Offer relinquished ($4-$3.70)*20000 6,000.00 Offer capital 80,000.00 (20000 relinquished offers reissued @ $3.70 per share) 5-Apr-16 Offer relinquished ($63000-$6000) 57,000.00 Offer re-issue costs 3,600.00 Money 53,400.00 (Equalization in share relinquish in the wake of meeting reissue cost took care of) 30-Jun-16 Money (50000*$4.2) 210,000.00 Offer capital 210,000.00 (50000 offers gave against 50000 alternatives allocated) 30-Jun-16 Offer alternatives 30,000.00 Offer capital 25,000.00 Slipped by alternatives save 5,000.00 (Discount of alternatives worked out, and passed) 3. Calculation of current duty Sum ($) Sum ($) Bookkeeping benefit before charge 190,750.00 Include: Adjustments for tax assessment reason Devaluation gear (Accounting) 40,000.00 Devaluation - engine vehicles (Accounting) 15,000.00 Amusement costs (not charge deductible) 4,500.00 Arrangement for yearly leave 11,000.00 Arrangement for guarantees 6,900.00 Lease payable 6,000.00 83,400.00 Less: Adjustments for tax assessment reason Prepaid protection 3,000.00 Government award (absolved from annual assessment) 30,000.00 Devaluation gear (tax assessment) 60,000.00 Devaluation - engine vehicles (tax assessment) 12,000.00 Available benefit 169,150.00 Duty Rate 30% Current Tax 50,745.00 Impermanent Differences Assessment base Conveying sum Available impermanent contrasts (obligation) Deductible impermanent contrasts (resource) Prepaid protection - 3,000.00 3,000.00 Gear 340,000.00 360,000.00 20,000.00 Engine vehicles 48,000.00 45,000.00 3,000.00 Arrangement for yearly leave - 11,000.00 11,000.00 Arrangement for guarantees - 6,900.00 6,900.00 Lease payable - 6,000.00 6,000.00 Absolute 23,000.00 26,900.00 Conceded Tax Asset/risk Sum ($) Deductible impermanent contrasts (resource) 26,900.00 Less: Taxable impermanent contrasts (obligation) 23,000.00 3,900.00 Assessment Rate 30% Conceded Tax Asset 1,170.00 Diary Entries S.No. Portrayal Charge ($) Credit ($) 1 Conceded charge resource 1,170.00 Benefit and Loss 1,170.00 2 Benefit and Loss 50,745.00 Current assessment 50,745.00 4 Diary Entries Date Portrayal Charge ($) Credit ($) 1-Jul-13 Gear 800,000.00 Money 800,000.00 30-Jun-14 Devaluation cost 152,000.00 Gathered deterioration hardware 152,000.00 [($800000-$40000)/5] 30-Jun-14 Gathered deterioration hardware 152,000.00 Gear 152,000.00 30-Jun-14 Benefit and misfortune 152,000.00 Devaluation cost 152,000.00 1-Jul-14 Gear 82,000.00 Revaluation save 82,000.00 $800,000-$152,000=$648,000 (WDV) ($730,000-$648,000= Revaluation save)

Tuesday, August 18, 2020

How was your day

How was your day I wake up a minute before my alarm goes off, at 8.59 am. This has been happening for the last two weeks, and I don’t know why. I bitterly get up, say good morning to my roommate, and head for the bathrooms, mourning that minute of sleep that I’ll never get back. I reward myself with a twenty-minute shower, and go back to my room, pick out my clothes- khaki shorts and a lion-face-print top, since it’s a warm spring day and I’m in high spirits. Its my first post-finals day- my semester officially ended yesterday. My roommate leaves, and I ask her if she has any finals today- no, she says. She has two on Thursday, Economics and Math. I wish her all the best and I really do mean it. She was taking some tough classes this semester, and I’ve seen her put in lots of time and effort into them. I know she’ll do great. I walk to my hall’s kitchen and immediately thank the gods for finals week. My GRT, bless his soul, cooked up an amazing breakfast spread for us. I gobble down some food and bounce out of my dorm. I have a doctors appointment at 10.20, so I cross the street to Medical and check in at the desk. I’m preparing to travel to India for my MISTI (watch this space for deets on this!) and I’m there to get my travel shots. There was a slight mix-up with my appointment, and I end up waiting for twenty minutes to see the doctor- I don’t mind. I flick through my Instagram feed, appreciating the fact that I can now engage in my social media ritual without the guilt I usually would have if I had psets to do and exams to study for. My doctor is really nice, and takes me through health precautions I should have while traveling and while abroad- I should take malaria pills every day while there and seven days after I leave, I should spray insect repellant on all exposed skin if I’m outside f or long periods of time, and I absolutely must keep myself hydrated at all times. I have to get three shots. At this point, I’m not even shaken by needles anymore. I had to get eight shots before I travelled to school, and three follow-up shots four months after that. At the nurse’s office, I eye the three gigantic needles laid out on the table and my nonchalant demeanor cracks just a little. They’re massive. I’m scared, but I would never admit it. The nurse makes small talk as she circles round me, and I barely notice her jab the first needle into my right arm. This isn’t so bad. The second one goes in my left arm, and I wince. The third one wasn’t as bad at the second, and we’re done! She tells me I’ve been very brave, and I get three band-aids to show off. Nice. She asks if I need a few minutes to lie down, but I’m already picking up my stuff. I’m ready to go. Back at my dorm, I write out three cards for my professors, teaching assistants and Seminar XL staff. They have been imperative to my progress in my classes this semester, and I need to appreciate them. I pack a few clothes, since Ive rather spontaneously decided to ride out to Providence to visit my friend tonight, and a library book that I need to return, and leave to deliver my cards. One of my TAs isn’t in his office, and I decide to leave his card at the department office. I rummage through my bag but I can’t find it. Oh, yes. I forgot to carry the actual cards. This is why I live in a dorm that’s close to school. I run to EC, get the cards, run back, leave the cards at their respective offices, return my library book and chat with my friend who’s working desk at the library. He has a final the next day but can’t seem to stop himself from watching YouTube music videos. I relate so hard. I walk to Kendall, get on the red line, smile at a cute dog on the train, enjoy the priceless view we get of Boston and the Charles River at the Longfellow bridge, and get off at South Station. The next train to Providence leaves in half an hour, so I’m in good time. I dilly-dally at the station, watch the crowds of people coming and going, till I finally I hear the boarding call for my train. As we queue to get on, I notice the people ahead of me getting their tickets checked- we had to buy tickets? I’d taken this train before, and usually I just get on and pay on the way. I have five minutes to get a ticket before the train leaves. I sprint to the ticket offices, and there’s an actual queue. I’m impatient, but in reality, this is my fault, so I try not to glare at the attendants as I wait my turn. In a few minutes, I have my ticket, and I sprint back to the train. I’m one of the last passengers to get on. Phew. Since I have leeway to be as Unproductive as I want to be, I watch Netflix on the way, occasionally glancing outside to enjoy the view. My arm suddenly develops a painful ache. I’d all but forgotten I had received three jabs earlier. It seems that now my body is out of its initial shock and ready to process the pain. Wonderful. In a few minutes, I can barely move both my arms without grunting in pain. I gulp down a couple of Tylenols which I always keep in my bag for emergencies like these. After a forty-minute train ride, we pull up at Providence Station. Maps lets me know it’s a fifteen-minute walk to my friend’s dorm, and since the weather is wonderful, I don’t mind a little stroll through the beautiful town of Providence. There’s much less traffic than Boston, and it’s much windier, I notice. We buy a substantial amount of Mexican food and chat about our respective semesters, and our first year at college. How much weve changed, and how different we are from the wide- eyed, euphoric, rather clueless people we were a year ago when we first arrived. Its incredible, to say the least. Right before we go to bed, I remember to turn my morning alarms off- the official sign that summer is upon us, and so is sleep, sunshine and spontaneous adventures. Providence

Sunday, May 24, 2020

The Personal Is Political - Meaning and Origin

The personal is political was a frequently heard feminist rallying cry, especially during the late 1960s and 1970s. The exact origin of the phrase is unknown and sometimes debated. Many second-wave feminists used the phrase the personal is political or its underlying meaning in their writing, speeches, consciousness-raising, and other activities. The meaning has sometimes been interpreted to mean that political and personal issues affect each other.  It has also meant that the experience of women is the grounding of feminism, both personal and political.  Some have seen it as a kind of practical model for creating feminist theory: begin with the small issues with which you have personal experience, and move from there to the larger systemic issues and dynamics which may explain and/or address those personal dynamics. The Carol Hanisch Essay Feminist and writer Carol Hanischs essay titled The Personal is Political appeared in the anthology Notes From the Second Year: Womens Liberation in 1970. She is therefore often credited with creating the phrase. However, she wrote in an introduction to the 2006 republication of the essay that she did not come up with the title. She believed The Personal Is Political was selected by the editors of the anthology, Shulamith Firestone and Anne Koedt, who were both feminists involved with the group New York Radical Feminists. Some feminist scholars have noted that by the time the anthology was published in 1970, the personal is political had already become a widely used part of the womens movement and was not a quote attributable to any one person. The Political Meaning Carol Hanischs essay explains the idea behind the phrase the personal is political.  A common debate between personal and political questioned whether womens consciousness-raising groups were a useful part of the political womens movement. According to Hanisch, calling the groups therapy was a misnomer, as the groups were not intended to solve any womens personal problems. Instead, consciousness-raising was a form of political action to elicit discussion about such topics as womens relationships, their roles in marriage, and their feelings about childbearing. The essay came in particular out of her experience in  the Southern Conference Educational Fund (SCEF) and as part of the womens caucus of that organization, and out of her experience in the New York Radical Women  and the Pro-Woman Line within that group. Her essay The Personal Is Political said that coming to a personal realization of how grim the situation was for women was as important as doing political action such as protests. Hanisch noted that political refers to any power relationships, not just those of government or elected officials. In 2006 Hanisch wrote about how the essays original form came out of her experience of working in male-dominated civil rights, anti-Vietnam War and left (old and new) political groups.  Lip service was given to womens equality, but beyond narrow economic equality, other womens issues were often dismissed.  Hanisch was particularly concerned about the persistence of the idea that womens situation was womens own fault, and perhaps all in their heads.  She also wrote of her regret at not anticipating the ways in which both The Personal Is Political and the Pro-Woman Line would be misused and subject to revisionism. Other Sources Among the influential works cited as bases for the personal is political idea are C. Wright Mills 1959 book The Sociological Imagination, which discusses the intersection of public issues and personal problems, and Claudia Jones 1949 essay An End to the Neglect of the Problems of Negro Women. Another feminist sometimes said to have coined the phrase is Robin Morgan, who founded several feminist organizations and edited the anthology Sisterhood is Powerful, also published in 1970.Gloria Steinem has said that it is impossible to know who first said the personal is political and that saying you coined the phrase the personal is political would be like saying you coined the phrase World War II.  Her 2012 book,  Revolution from Within, has been cited as a later example of the use of the idea that political issues cannot be addressed separately from the personal. Critique Some have critiqued the focus on the personal is political because, they say, it has meant a focus more exclusively on personal issues such as family division of labor, and has ignored systemic sexism and political problems and solutions.

Wednesday, May 13, 2020

Good Will Hunting Reflection Essay - 1064 Words

The basic process of interpersonal relationships and communicative interactions with others is based primarily on emotions. In the film Good Will Hunting, the characters experience many emotions that impact their interpersonal relationships and communicative interactions. Taking into consideration that each character grew up with a different lifestyle, their interpersonal relationships and communicative interactions are affected in their continuing years. The film allows us to see different personalities in each character and how their emotions affect how they communicate. Characters in the movie Good Will Hunting express a great deal of nonverbal communication. It is one of the key aspects of communication. The†¦show more content†¦The concept of listening responses plays a substantial role in the film. Will and his therapist both reflect a listening response to one another through evaluation. Wills therapist, Sean Maguire, evaluates Will constructively. Sean and Will share that they were both victims of child abuse, and Sean helps Will to realize that the abuse he suffered was not his fault. During his therapy sessions, within time, Will evaluates his relationships with the people he is close with and is able to confront his emotional issues and make decisions about his future. Characters in this film illustrate how important different listening responses correlate with emotions. Emotional fallacies are good examples of how emotions can impact interpersonal relationships and communicative interactions with others. In the film, Will has constant irrational thinking and debilitative emotions. Fallacy of helplessness shows how Will is not determined to find his satisfaction in life. As a result of his child abuse, Will continuously tries to find excuses for what happened in his past, avoiding any confrontation having to do anything about it. In the film, Will feels helpless, so he pushes his emotions aside for others to deal with. Will also illustrates a fallacy of catastrophic expectations. Will consistently experiences rumination. The consistent reoccurring thoughts of the trauma from hisShow MoreRelatedHunting1108 Words   |  5 PagesAre my topic sentences and body paragraphs clear and well developed? Yes, it took me a little time to figure them out. Have I fully supported my thesis with ample supporting details and examples? Yes I believe the essay backs my thesis pretty good. Have I used a sufficient number and variety of sources in my paper? I have used at least two from the required sources and two other ones. Are all of my sources properly cited in the body of my paper according to MLA format? I believeRead MoreThe Between Mccutcheon, Marx, And Nietzsche s Theories On Religion921 Words   |  4 Pagesshows us why people created religion. 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They represent the huge sector in modern marketing; they actually create the marketing dynamics, being a profitable consumers. There are many patterns that switch on the request to purchase particular items made by particular brands. So what is it that makes some companies’ beingRead MoreGood Will Hunting And Sean Mcguire Essay1703 Words   |  7 PagesSelf-Disclosure: Finding the Good in Will Hunting’s Self-Concept The focus of this study will revolve around the relationship between Will Hunting and Sean McGuire, characters in the critically acclaimed film Good Will Hunting (See Appendix for a summary). In researching the film and different perspectives of interpersonal communication there could be many arguments made to social classification, how one associates and assumes roles within their particular group such as language, perception,Read MoreCatoctin Mountain Review Essay1481 Words   |  6 Pagesfull disclosure of estimated fiscal costs for each action. The EIS continued, offering multiple actions that were not investigated due to various documented reasons (NPS USDI, 2006), including the dismissal of public hunting due to congressional legislation prohibiting public hunting in national parks and the unlikelihood of changing the legislation. After describing the alternative actions, the EIS offered the environmental effects of the proposed action alternatives. The cumulative affects wereRead MoreMy Views on Animal Rights1718 Words   |  7 Pagesour animals just as we serve our humans since our animals are loyal to us we in reflection should be just as loyal to them. For example, he writes that when an animal has served his master until his days end, because they have no sense of judgment, therefore the master should have compassion to put his animal down as an act of human kindness. Baumgarten states that how humans behave towards there animals is a reflection of how they treat other humans they come in contact with. The behavior of how humansRead MoreEssay Interpersonal Comm. Good Will Hunting1184 Words   |  5 PagesGood Will Hunting For this assignment I have chosen to focus on the film Good Will Hunting primarily because I have seen the movie prior to this course and I feel it is one of the best films I have gotten a chance to see. Will Huntings profound genius was as much a burden as it was a gift. Initially seeing the film I enjoyed it but viewing the film in the scope of all that I have learned in this course made the viewing experience much more meaningful, as I now had a deeper understanding of WillsRead MoreSummary : Leviathan 1156 Words   |  5 Pagesmore relaxed and my mind begins to wander. The latter is a clear reflection of the parents-free environment. In a similar manner, adult-free environment was given to the kids in Lord of the Flies when their plane crashed into an island. The island lacked the presence of adults or authority; and, thus, kids became more accustomed to anarchy. Due to this lawless environment, the evil human nature gradually overtook Jack and his hunting group and eventual ly led to savagery. Although there is no reason

Wednesday, May 6, 2020

Dimensions Of Negotiation Free Essays

Negotiation has been an intensely studied and researched topic in the fields of business, politics and psychology since past many years. The importance of negotiation stems from the fact that it is an inter-personal process of communication that involves the principle of direct approach to individuals. With increasing recognition of communication as a premier engaging strategy in conflict resolution and ensuring smooth organizational affairs, a critical parameter for success and growth in today’s environment, negotiation has gained considerable emphasis and focus. We will write a custom essay sample on Dimensions Of Negotiation or any similar topic only for you Order Now Although negotiation is a part of communication strategy, today it has emerged as an independent communication system with its own processes and life cycle. The major dimension of negotiation include, negotiation as a process of conflict management, negotiation as a inter-personal process, architecting the process of negotiation, and third party negotiation. Among these , the two major dimensions of negotiation are conflict management and third party intervention. Negotiation and conflict management . Negotiation, as a part of managing conflict, requires interested parties to trade proposals for settlement that include, out of court settlements, business contracts, collective bargaining contract etc (Womack, 1990, 32). As Womack further elaborates, generally the process of negotiation proceeds through motives that are both competitive and cooperative. The approach of communication in the entire process of negotiation is concerned with the messages that are transferred among negotiators and the concerned parties. Communication intervenes in the process of negotiation through its both verbal and nonverbal forms and constitutes the entire base on which the goals and terms of the bargain are negotiated. Communication plays the central role in not only developing the relationship among the parties in conflict, but also in determining its direction. It is also central in every form of bargaining process, whether the bargaining is done for organizational form of conflict management, involves conflict resolution, negotiation on legal agreements or for negotiation in inter-group an intra group conflict. The entire role of communication in negotiation processes and strategies is quite vast and it ranges from defining the conflict issues, selection and implementation of strategies to presenting and defending the viable alternatives and finally helping in reaching on a solution (Womack, 1990, 35). In several studies on communication research, especially those involving game theory, communication was not considered central to the process of negotiation. Experiments showed that even when bargainers and negotiators resorted to communication, it was more for threatening than cooperating and collaborating. Womack quotes Deutsch (1969) to inform that back in 60s communication was considered as an unreliable approach in settling conflicts through negotiations. Moreover, there were fears that poor communication forms could result in misinformation, errors and possible negative outcomes. There was an additional perception that owing to competitive natures of negotiations, effective and open channels of communication were not possible. Some of these findings hold valid in disputes, particularly that are distributive in nature and concern with business and marketing segment, it has been nonetheless observed that where the goal is to achieve integrated goals, a problem solving approach works in excellent way. Womack (1990) further cites Lewicki, Weiss and Lewin, (1988), Fisher and Uri (1981), Lewicki and Litterer (1985) and Walton and Mckersie (1965) to state that negotiator resort to using multiple formal and informal communication channels to redefine the issues, present analysis of causes that offer difficulties in resolving the conflict and finally, through sharing of information and assessment of needs, help to identify the complete range of possible alternatives and solutions that are acceptable to mutual interests and needs of each party in the deal. These approaches lead to negotiation strategies that involve greater participation by conflicting parties, positively contributing to the increased chances of success in reaching settlement through more alternate solution. Some of the communication strategies adopted during negotiations on the group and organization levels in managing conflict include use of fantasy themes, interpretive themes, and stories and rituals that provide scapegoats to the involved parties and give them external reasons to come out with excuses, reasons and justifications to accommodate each other’s behavior, thereby preventing the chances of negotiations being stalled (Womack, 42). It is of first importance that a mediator should present a completely neutral and unbiased image before the conflicting parties to win their confidence and trust in the ability of mediator to help in achieving possible outcome in conflict. The communication skills of mediators should present them as individuals free of gender, racial or ethnic biases. Along with this, successful mediation also requires listening skills on part of the mediator. It helps mediator to understand the current position of each party in the conflict as well inspire them with confidence in the neutrality of the mediator. How to cite Dimensions Of Negotiation, Papers

Monday, May 4, 2020

Deputy Industrial Injuries Commissioner †Free Samples to Students

Question: Discuss about the Deputy Industrial Injuries Commissioner. Answer: Introduction: Administrative law is considerably the only discipline that seeks to address the legality and morality of actions that may be taken by people and agencies which are mandated with power. This discipline therefore seeks to control and ensure the conformity to the laid principles and that decisions management or actions made can be accounted for. Administrative decisions are one of the most controversial decisions in both legal and scholarly debates. There is a general consensus that decisions are a result of a process that should when examined based on their merits will adequately justify the result reached. This happens so to ensure that Executive acts conform to the law in that each act should plausibly provide a reasonable explanation in order warrant an explanation of powers exercised by state or the agencies of state and even public officers. Every law requires, however unreasoned, irrational, illogical management, or unreasonable they may be, that such reasons when examined , will make no difference if another person in a capacity of a decision-maker might have been able enough to reason the issue in question to that conclusion. When the courts come to interpret the constitutionality of certain decisions it is called a judicial review which determines the conformity of conducts of an administrative agency actions to the laid down law. Judicial review by a court looks only at the lawfulness or legality of the decision its legal merits, you might say, putting aside the policy merits of the decision as a matter outside the portfolio of the courts. This essay will examine the steps that would be taken to challenge the decision of the Minister of Transport and Civil Aviation Flying Dragon Airlines and the decision by the Attorney Generals Department to indict Thor on New charges. It is a general counsel to also challenge their legality by examining the existing legal arguments. In this essay, Flying Dragon Airlines and Thor Thorson will be referred to as Appellant One and Appellant Two respectively. The client Flying Dragon Airlines to appeal the decision by the Minister by seeking a judicial review on the interpretation of the decisions of the Minister pursuant to article 101 and article `103 and for the merits of an administrative decision by the Minister its operations. As an advocate for the Flying Dragon Airline herein, the Appellant One, it would be necessary to advise the client to seek an interpretation of the court on the legality of this decision by looking the issues of concern that the said decision is ought to be premised on and how their possible violation led to the said decision. Such violation The Appellant One, therefore, would seek clarification on a possible commission of contravention of law based on; broad ultra vires, narrow ultra vires, denial of a procedural justice and fairness and if there was an erroneous commission of illegality management in the process of a decision-making. The Appellant One would be advised also to seek a court injunction to stop the decision from being effected and find fault with the decision to suspend its operations. In this instance, Flying Dragon Airlines would consider asking the court to find fault with the Ministers actions as violating the spirit (the moral obligation} and the letter (the constitutionality) of the provision of the said Air Flights Act 2017. To this effect, therefore, the court will be asked to determine that any action within the framework of the statutory power, the Ministers decisions exceeded some of the provisions of the Acts in question or in a way that would be deemed by the court as inappropriate. Inviting court to look into issues that would amount to be types of errors that the courts began to identify under this notion of broader ultra vires based on these issues: Whether the Minister acted on evidence; Whether the Minister acted unreasonably; Whether the Minister misused his exercise of discretionary powers Whether the Minister acted out of malice The law or statutory Acts provide for individuals or state agencies to act within the scope of the powers provided for them expressly or to act in a way that does follow the prescribed method. If an agency acts outside this scope of its statutory powers or in contravention of these powers then these the legitimacy of these powers must be questioned and subjected to review. If a statute requires the agency to do something in a particular way, and it does it in some other way, it has also acted beyond its powers. IT would be of judicial significance to ask the court to interrogate whether the Minister acted in contravention of this said Act by misusing his discretionary powers. No evidence as a ground for the suspension of Flying Dragon Airlines In this principle, any decision must be made upon establishment of evidence subject an independent investigation process that may bring incriminating issues on the conduct of the affected party. [4] This provides the ground for misuse of discretionary power and is seemingly one of the bases of the violation of the letter of the law by acts of ulterior acts. It was not proper for the Minister to have relied on an article appearing on a newspaper column that suggested Alice had knowledge that their flights were unsafe. In my opinion and in the words of Alice her decision to advise her nephew Julian out of applying for a job as a fight steward with Flying Dragon was informed by her good will of not wanting to appear nepotistic and conflict of interest. That the Minister did not process an investigation that would be sufficient to suspend all flights by Flying Dragon Airlines, ABN 111-000-000. It is evident that the response given by Alice her letter on 21 July 2018 to the Ministers letter of inquiry 15 July 2018. Preceding the Ministers decision to suspend the airline was based on an anonymous and analogous evidence presented on an unknown and unofficial site by pseudo-individual. This would not meet the evidential threshold to inform his decisions. A decision-maker need to advise a party of adverse tentative findings or give a person who might be adversely affected a draft report to comment on their take before a decision is finally reached. [5] Justice Doussa J. found it significant that any actions that affect any party be in conflict or for whatever application before any agency must be noted of the findings and the consequences of such findings. In this the appellant herein, Flying Dragon Airline would seek to challenge any logic of an exercise of a statutory power on by the person in question and in this case the Minister. Establishing here is that the reason or motive for the decision is to be deduced by an extrapolation of facts upon which such a decision would be based. If established that a decision is improperly made and abuse of power deduced to have occurred, the only justification for the existence of abuse of power in the process of making a decision upon inferred facts, then, that decision has to be rendered null.[6] It is absurd and so injurious to the decision that the Minister not only on no evidence basis but also in the interest of his informant who is a cousin of a CEO of a rival airline, Victory Airlines. What one would deduce from this is that the failure by the Minister to give an evidentiary suspension did not only show malice but also a misuse of power bestowed on him or her. The decision of suspension would only be appropriately reached if such a decision would be an end-product of an investigation. And that failure to conduct such an investigation made the establishment of fact hard for proof. The court should find this decision irrational as it is merely based on speculation and some unknown website printout from a pseudo-author in the case of Appellant One. Citing the authority a decision can be invalidated of for being unreasonable when found to be containing irreconcilable arithmetical mistakes. The decision here should be invalidated as being unreasonable as it broadly depends on the Pseudo-web print outs or bureaucratic nature of the Minister of wanting the airline to pay for not responding to his letter as he had expected. Similarly, the prosecutors arguments in Appellant Twos case seem to be unreasonable enough not to understand the rationale of double-jeopardy and the fact that the courts had acquitted them on every ground seemingly presented before the court by the prosecution on their failure to conclusively make their case against him. It must not be misconstrued that the Appellant One recognizes the Minister as a very reasonable decision-maker. The argument is that the decision to suspend the airline must be seen as an unreasonable decision, not because the decision-maker was unreasonable, but because the decision-maker made a mistake of law. [7] Consequently, Appellant Twos case finds the decision as bad as it is due to the unreasonableness of even jeopardizing his situation by downing the flight he was to be board on the eve of his departure. The prosecutors argument is also prejudicial. The independent grounds that have been identified points to several issues including fraud and bad faith under the review of Administrative Decisions Judicial Review Acts in the legal world. It is no doubt that is an ongoing debate and consideration. The grounds here seek to fact-find that a discretionary power or statutory power bestowed on an agency or individual is enforced in a way that shows malice, untruthful, or even ill motives. Here the Minister by seeming to subvert the rule of law for a fair hearing and not providing a detailed reason for the suspension of the airline seems to act in bad faith, surprisingly to the advantage of the rival airlines. Established in this case is an instance where an administrator with ulterior motives or intentions thereby eliciting the reason to believe that the Minister misuses a statutory power for the purpose of defeating the statutory rights of Original inhabitants of the region in question therein under the laws that provide for the fundamental land rights for all individuals. Presumed, apprehended, apparent or ostensible bias This form of bias arises from situations which elicit a reason for suspicion or even an establishment of bias from any fair-minded observer.[10] One who by all ideals have no interest in the said process but would be a fair judge in his or her own evaluation. The labeled allegations were barely malicious to edge the competitor airline out of business so that to give his a competitive advantage of the market. The Minister seemingly acted of bias in favour of the rival company, Victory Airlines, whose director is the informant to the Minister and a public servant. It would be advisable for Appellant Two to seek a judicial review on the merits of such eminent prosecution. The argument is that Thor had been acquitted. And arresting him would only mean a case of double-jeopardy. Whether these two are inter-related or not, is not suffice the Ministers decision to suspend the flight. But again it would be in bad faith for the prosecutor to try to indict Thor of other crimes based on the same evidence that had suffered a judicial and procedural deficiency. It is therefore in the best interests of the letter of the law that Thor file a demurrer to evidence and double-jeopardy motions with the appellate court. Thus, an acquittal would mean that any cause and course to indict Thor of any charges is prohibited under double jeopardy principles. On the demurrer to evidence, Thor can find fault with the evidence provided by the prosecution. Bibliography Round, Tom, Study Guide for LAW00117 Administrative Law (School of Law Justice; Southern Cross University, 2016) Rares, Steven. Judicial Review of Administrative Decisions; Should There be a 21st-Century Rethink? (Speech, UNSW, 15 October 2014. Federal Court of Australia.) www.fedcourt.gov.au/digital-law-library/judges-speeches/justice-rares/rares-j-20141015. Accessed on 28 September 2017. Ashbridge Investments v Minister of Housing and Local Government (1965) 1 WLR 1320. In R v Deputy Industrial Injuries Commissioner; Ex parte Moore (1965) 1 QB 456; In Coleen Properties v Minister of Housing and Local Government (1971) 1 WLR 433. Meadows v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 370, www.austlii.edu.au/au/cases/cth/FCA/1998/1706.html Thompson v Randwick Municipal Corporation, (1950) 81 CLR 87 [9.2.14C], www.austlii.edu.au/au/cases/cth/HCA/1950/33. National Trust of Australia v Minister for Lands, Planning and Environment (1997) 142 FLR 125, www.austlii.edu.au/au/cases/nt/NTSC/1997/177.html Minister for Primary Industries Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381, www.austlii.edu.au/au/cases/cth/FCA/1993/45. Jones, Melinda Douglas, Roger Neil. Douglas and Jones's Administrative Law (Annandale N.S.W: The Federation Press, 2002) Connolly Anthony J, The Foundations of Australian Public Law (Cambridge Port Melbourne, VIC Cambridge University Press, 2017) R v Toohey (Aboriginal Land Commissioner); Ex parte Northern Land Council,(1981) 151 CLR 170 [2.3.10C] Livesey v NSW Bar Association (1983) 151 CLR 288 [10.5.25C], www.austlii.edu.au/au/cases/cth/HCA/1983/17.html Demurrer to evidence. (In BATASnatin library. n.d.), https://www.batasnatin.com/law-library/remedial-law/criminal-procedure/653-demurrer-to-evidence.html