Pepsi Environmental Factors Essay Example

Pepsi: Environmental Factors Essay Environmental Factors Antonio Presley University of Phoenix August 31, 2009 Abstract Every organization has rules, regulations, and guidelines that help govern the conduct of the employees, global and domestic marketing decisions, and environmental factors. PepsiCo, success can be affected by an internal or external environment analysis. An internal or external environment analysis is an analysis of the target market for a companys goods or services that can provide understanding of environmental factors that need to be addressed for a products success. Even major Companies like Pepsi are affected by these factors. When considering the importance of the factors that affect marketing an organization plan it are necessary to note that the environment and market can be very complicated and are in the majority of instances ever changing. Environmental Factors Every organization has rules, regulations, and guidelines that help govern the conduct of the employees, global and domestic marketing decisions, and environmental factors. Environmental factors are often divided into two categories namely macro environment and microenvironment. In addition, environmental factors can be political, social, ecological, cultural, technological, and ethical in nature. Whereas, any organization that develops a product or service domestically or globally must consider the impact each of the environmental factors may have. For instance, factors can result in the failed attempt to market a product, which may be successful domestically, in other countries where there is a significant market potential. Furthermore, this essay will identify the environmental factors that affect global and domestic marketing decisions, impacts of technology, and the importance of social responsibility and ethics as related to PepsiCo marketing. We will write a custom essay sample on Pepsi: Environmental Factors specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Pepsi: Environmental Factors specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Pepsi: Environmental Factors specifically for you FOR ONLY $16.38 $13.9/page Hire Writer PepsiCo is a world leader in convenient snacks, foods, and beverages with revenues of more than $39 billion and over 185,000 employees, which conducts both domestic and global marketing(PepsiCo,  2009). At the same time, PepsiCo is committed to protecting there natural resources and operating in a way that minimizes the environmental footprint, with the goal of reaching a net-neutral impact. In addition, as a multinational company, PepsiCo value the unique contributions and perspectives that people from different culture bring to there business. Therefore, the company continues to promote diversity and believe they have a responsibility to ensure the health and wellness communities they serve (PepsiCo,  2009). PepsiCo, success can be affected by an internal or external environment analysis. An internal or external environment analysis is an analysis of the target market for a companys goods or services that can provide understanding of environmental factors that need to be addressed for a products success. High-level domestic and global environmental factors that may affect the organizations marketing decisions are political, social, ecological, cultural, technological, and ethical. When considering the political factors that affect marketing plan it is necessary to note that political environment can be very complicated and is in the majority of instances ever changing. In contrast, social factors can affect PepsiCo domestic and global marketing decision because it influences a customer’s buying behavior. For example, according to the Tutor2u  (n. d) Web site,  when dealing with social factors several individuals may interact to influence the purchase decision (initiator, influencer, decider, buyer, and user). However, the ecological factors can also affects PepsiCo marketing because more companies, organizations, and consumers are trying to eliminate or minimize waste by avoidance and prevention. Armstrong and Kotler  (2005)  stated,    â€Å"Companies emphasizing prevention have responded with â€Å"green marketing† programs—developing ecologically safer products, recyclable and biodegradable packaging, better pollution controls, and more energy-efficient operations† (Chap. 16,  p. 573). In addition, researchers and consumers have find the products to be both green and competitive. Besides the global environmental factors, that affect PepsiCo marketing decisions the company should also be aware of the culture and technology that could also affect marketing. Culture impacts the organization is marketing decisions because many countries feel that certain type of American exposures to products erodes values and of other cultures and westernizes the world. Other issues culture can affect are marketing decisions and being able to adapt to other countries’ business cultures and deal effectively with foreign nationals (Armstrong Kotler,  2005). On the contrary, technology affects marketing tremendously. Armstrong and Kotler  (2005)  stated, â€Å"Technological advances in every area, from telecommunications, information technology, and the Internet to health care and entertainment, provide abundant marketing opportunities† (Chap. 16, p. 573). PepsiCo importance of social responsibility and ethics as related to the organization’s marketing is very substantial. The organization has taken vigorous steps to encourage kids to lead healthier lives and to provide their parents more tools to make healthier choices (PepsiCo,  2009). Whereas, the company understands the importance of providing nutritious foods and physical activities for children. In addition, they also understand the obstacles preventing parents from making the healthy choice. Since PepsiCo introduced the Smart Spot in 2004, they made it easier for consumers to identify products that contribute to a healthier lifestyle in the U. S. Therefore, the Smart Symbol (the symbol of smart choices made easy) is a simple labeling system that explains why each product is a smart choice (PepsiCo,  2009). Furthermore, this symbol is the only industry symbol that meets nutrition criteria based on authoritative statements from the U. S. Food and Drug Administration and the National Academy of Sciences. Today, more than 300 different products carry the Smart Spot label (PepsiCo,  2009). In conclusion, environmental factors affect global and domestic marketing decisions by affecting the political, social, ecological, cultural, technological, and ethical of the organization. Even major Companies like Pepsi are affected by these factors. When considering the importance of the factors that affect marketing an organization plan it are necessary to note that the environment and market can be very complicated and are in the majority of instances ever changing. Reference Armstrong, G. , Kotler, P. (2005). Marketing: An Introduction. [University of Phoenix Custom Edition e-Text]. , : Prentice-Hall. Retrieved August  31, 2009, from University of Phoenix, MKT421. PepsiCo. (2009). Performance with Purpose. Retrieved August  31, 2009, from http://www. pepsico. com/Company. html Tutor2u. (n. d). buyer behaviour social factors. Retrieved August  31, 2009, from http://www. tutor2u. net/business/marketing/buying_social_factors. asp Not the paper youre looking for? 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High School vs College Essay Writing Difference

High School vs College Essay Writing Difference High school vs. college Every year thousands of freshmen come to various colleges for the first time. For some of them, the transition from high school to college goes without any problems and difficulties. However, most students find this process quite complicated and exhausting one. Therefore, entering a college is an embarrassing and thrilling time for most of them. As a rule, this is the first time for many students of their being far away from their families and friends. When entering the college, students have to adapt in a new, dynamic and completely unfamiliar environment. Students find paper writing time-consuming, it does not matter the type of the paper college or high school essay. In this new and stressful world, how should one not just survive, but prosper in this new environment? The secret of success at college often lies in knowing a few things. What Do College Students Face? First, it is very important to know how to complete a presentable paper and in order to do this the student should know how to use different academic formats. Second significant thing is to know how to make an effective research when working on paper writing. Finally, each student should be able to find positive peer networks to assist with integration into college student life. High School vs College Essay: Know the Difference When a student enters a college in the US, he/she is often confused with difference in requirements to writing a college essay in comparison with high school assignments. No wonder, the essays that received positive feedback in high school are extensively criticized in college. Do not fall into despair! It is not your writing that changed. It is because the requirements for writing a college essay are more complex than those for writing a high school essay. So, high school vs college essay: what is the difference? Making an Argument High school essays aim to show what a writer understood from the studied material (for example, a summary, a book review, etc.). College writing requires much more efforts. First and foremost, these essays and papers require making an argument. As such, college professors do not want you to retell what you have just read; instead, they want you to make critical judgment based on this information. This argument is often called a thesis statement and it should be clearly stated in the essay`s introduction. Providing the Evidence When the argument is stated, a college student has to prove it by providing credible evidence. This evidence is usually taken from the relevant sources, which contain the unbiased experts` opinions. If you, for instance, are analyzing some poem, a meaningful line from it can serve as the evidence. Searching for the sources that accurately fit the topic is also an essential characteristic of college essay writing. Professors highly evaluate the thorough work with sources, and if you want to get the A+ grade for your paper, you have to spend much time in the library.Analyzing the Topic Properly When reading your paper, the professor should not have questions like But what if..? Have you considered this opinion? What about..? It means that when writing a college essay, you need to present your topic from different perspectives. High School vs College Essay: Improve Your Practice! Without any doubts, college essay writing is a much more complicated process than high school writing. However, it enables you to develop your writing and research skills, which is particularly important for your academic performance. Work on your mistakes and you will see your progress. Just keep in mind that there is no a winner in the struggle of High School vs College essay. All in all, in both educational institutions, to become a better writer you need to practice a lot. Writing Formats Writing various kinds of papers that differ from high school essays is a huge part of each students experience. The most common citation formats are APA and MLA. In most cases, citing sources in a paper becomes a bewildering process. There are various requirements for citing books, encyclopedias, webpages, newspaper articles, etc. No everyone knows how to format the paper properly. However, you are free to use online assistance. The best web resource for help with academic formats is EssayLeader. Here, you will find hundreds of useful tips on using MLA, APA, Chicago, Turabian and other writing styles. The sooner you become good in writing any college essay or other paper, the better! Remember that the best time to learn something new was yesterday, but since yesterday is gone, the second best time to learn is today. Best Resources to Use One more area that freshmen at college often face with is conducting a thorough research for their papers. You do not even imagine how many students try to use Wikipedia as a reference! If you want to succeed with college essays, you must use good scholarly resources. The best resources to use are peer-reviewed books, textbooks, encyclopedias and journal articles. Great resources to get access to old books are second-hand bookstores and libraries. However, when writing a college essay, you may use several web-resources that have scholarly peer-reviewed articles and even the whole books that can be read online. The two of such websites are Google Books and Google Scholar. The second one offers a huge amount of peer-reviewed journal articles for free. One more advantage of this service is that you can click on the cite option and automatically get the correct citations for the chosen article in MLA, APA or Chicago style.

The Time Surrounding The Lottery Research Paper

The Time Surrounding The Lottery - Research Paper Example The late 1940s, the time when the story was written, was a time of political and social upheaval. Due to the complicated events that took place during and after World War II, and the beginning of the â€Å"Cold War,† many things that had been taken for granted in society were being questioned by people. This led to the creation of Womens Rights movements, but also to the Truman Doctrine and, later, McCarthyism—both movements which supported the status quo. These contradictory movements for change and against it show that â€Å"The Cold War affected almost every aspect of American life.† (â€Å"Introduction†) The story shows a definite nod to the increasing social awareness of women in 1940s America. During World War II, women had begun to work and take on more responsibilities, and they became used to being treated more like equals. After the end of the war, they were expected to go back to being submissive and agreeing to everything their husbands told them to do. Obviously, this did not sit well with many liberated women. This aspect of the story is more of a reflection than a criticism. It can be seen in how the various female characters in the story are critical of the tradition of the lottery. This is obvious from the story, because there are many places where women question the established traditions, like Mrs. Adams, who says that " Some places have already quit lotteries† (Jackson, 308). However, it is equally obvious that the men disagree. This was the same in reality, where many men were opposed to feminism because they wanted to remain socially superior to the other gender. In other words, â€Å"society defined experiences centered around males, with females as mere accessories.† (Feminism) Even though Feminism didn’t really exist until the 1960s, there seem to be very strong elements of it in â€Å"The Lottery† with female characters like Mrs. Adams. The

Explain the true-justified-belief theory of knowledge Essay

Explain the true-justified-belief theory of knowledge - Essay Example For example, if person X sees person Y seating alone at a table in a restaurant and guesses that he is waiting for his wife, while he could be waiting for anyone else from a business partner to a relative or an old friend, he could also be just having a meal by himself. If this proposition is based on a wild guess, even if person Y does turn out to be waiting for his wife given that she arrives a while later, this does not amount to knowledge on the part of person X. When what appears to be knowledge lacks truth, it cannot be considered to be knowledge. It therefore holds that knowledge as a minimum is true belief (Audi n.p.) This further raises the question of whether knowing something means â€Å"justifiedly† believing it (Audi n.p.). As in the case above, simply guessing that person Y is waiting for his wife, even in the event that it turns out to be true does not constitute knowledge on the part of person X. This is because there is no justification for it. However, assumi ng that person Z tells person X that he has seen person Y wait for his wife at that restaurant at the same time every day for a period of time, this could justify person X’s true belief that indeed person Y is waiting for his wife. Person X’s acquisition of knowledge that person Y is waiting for his wife can be rationalized by his acquisition of evidence that justifies the true belief that he indeed is (Audi n.p.). Additionally, Audi contends that the more evidence people acquire to support their belief in something and build up their justification of the particular belief, the nearer they get to knowledge (n.p.). This backs the view that justified belief is a facet of knowledge. From the above, Audi states that it can be deduced that there is a practical and considerable condition necessary for knowledge, that is based on three elements; one knows something only if one believes in it, it is true and the belief that one has of that particular thing is justifiable. In p articular; as a minimum, knowledge is justified true belief (Audi n.p.). This sums up the theory of true-justified-belief of knowledge. However, there are sufficient conditions provided for in the analysis of what constitutes knowledge. This is because, despite the fact that I only know something, if I truly and â€Å"justifiedly† believe in it, it does not hold that, if I truly and â€Å"justifiedly† believe in something, then I know it (Audi n.p.). This three-way analysis of knowledge according to O’Brien infers that the three conditions are necessary for knowledge, that is; belief, truth and justification (11). The conditions are also jointly sufficient for knowledge meaning that one has knowledge when the three conditions are met. Necessary and sufficient conditions are connected to conditional statements conveying the truth of two suggestions in the form â€Å"If X then Y† (Lacewing 24). The assertion in this case is that if proposition X is true the n proposition Y is also true. In the event that the assertion is true, it follows that proposition X is true, then proposition Y is true. It also follows that if proposition Y is false then proposition X is also false. The theory of true-justified-belief of knowledge therefore holds that when the three conditions it proposes are met, together they are sufficient and nothing else is needed for knowledge (Lacewing 24). However, it also contends that if you know X then you have a justified true be

Uk Legal System And Compare

Uk Legal System And Compare United Kingdom and Northern Ireland consist of four countries which form three distinctive jurisdictions each of which has its own court system and legal profession. These three jurisdictions are England Wales, Scotland, and Northern Ireland. The union of Great Britain and Ireland established United Kingdom in 1801, and it attains its present form in 1922 with the partition of Ireland and thus the independent Irish Free State has been established. In 1973 UK joined the European Economic Community, which is the European Union, when it is required to integrate the European legislation into UK law and to become responsive to the jurisdiction of the European Court of Justice in issues of European Union. A significant constitutional transformation came into existence when the Labour government came into power in 1997. They straight away introduced a process of decentralization, i.e. decentralizing some areas of government to the constituent countries of the UK: separate Scottish Parliament and a Welsh Assembly were established. The European Convention of Human Rights which has UK as its participant and it is been integrated into UK law, in the same year the Human Rights act was passed i.e. 1998. Thus provisions of Conventions can be directly applied to the UK courts. Actually there is no written constitution for the country. The Queen is the head of the state, even though the ultimate power of the Crown is conceded by the government of the day. The legislature is a two-tier parliament. A count of 659 Members of Parliament makes the House of Commons, by a general election that comes across every 5 years with a simple majority vote. The Government has the power to call for an election at any time, but to make the electoral advantage secure they do these voting every 5 years. The constitutional law of the UK is considered as consisting of statue law on the one hand case law on other, whereas the judicial model is applied in the courts by judges deducing statue law. The third element includes constitutional conventions which do not consist of legislative power but how ever has an obligatory force [1]. Constitutional Reform The Labour government now introduced constitutional alterations in 3 distinct areas: the transformation of the House of Lords, devolution, and the passing of the Human Rights Act 1998. The reformation of the House of Lords was really a long process, by eradicating the voting rights of all the aristocrats who remains until the house is totally altered. Proposals that were put forward by the Royal Commission on the reformation of House of Lords were published in 2000 as a command paper: A House for the Future (Cm 4534) [2] along with government proposals put down in The House of Lords: Completing the Reform (Cm 5291) [3]. The Human Rights Act was passed in 1998, integrating into the UK law rights and freedoms assures by the European Conventions on Human Rights. Even though the UK had been a participant to the European Conventions on Human Rights since 1951, this act gives the provisions of the conventions to be integrated into the domestic law. This makes it clear that the concern of the human rights affects every part of the government. Some of the effects of decentralization were: The Department for Constitutional Affairs (DCA) was launched in 2003, and it swaps the Lord Chancellors Department. Its changed responsibilities such as holding and administering the judicial system, human rights, and electoral and constitutional reform. DCA administers the Court Service and watch over judicial appointments. The responsibility of Lord Chancellor has been modified, with the possessor renamed Secretary of State for Constitutional Affairs and Lord Chancellor, resigns his functions as Speaker of the House of Lords and as a judge. These changes are mainly brought in by the Constitutional Reform Act 2005 and it also made important changes to the courts and the judiciary. The Court System Civil courts Civil cases initially are heard in the County Courts actually its for minor claims or the high Court, which is divided into 3 divisions: Queens Bench, Family and Chancery. Cases can be appealed to the Court of Appeal. Cases may also be appealed from the County Court to the High Court. The structure of the UK courts is shown below [4] . The majority of civil actions are heard in the 218 county courts, which also handles family and bankruptcy hearings. The value of claim decides in which manner the case has to be dealt with. The work is handled by three divisions, depending on its subject: Chancery Division: equity, trusts, tax, bankruptcy Queens Bench Division: contract, tort, commercial matters Family Division: divorce, children, probate. House of Lords is the supreme court of appeal. The judicial functions are quite different from its legislative work and the cases are heard by around 13 senior judges known as Lords of Appeal in Ordinary, or Law Lords. The Constitutional Reformation Act 2005 endow with the establishment of a supreme court to reinstate the judicial functions of the House of Lords with an independent appointment system, thus making a constitutional division between legislature and the judiciary. Judicial Committee of the Privacy Council is responsible for hearing cases from the British overseas territories and dependencies as well as domestic appeals. Cases regarding powers and functions of the devolved legislatures are also heard in these courts. Along with these courts there are also specialized tribunals, which take into account different appeals on decisions made by several public bodies and Government departments like employment, immigration, social security, tax and land. Criminal courts Criminal cases initially are heard at the Magistrates Court, serious ones being heard in the Crown Court. Appeals are mainly heard in the Court Of Appeal Criminal Division [5]. The Crown Court and Magistrates Court can be replaced by a cohesive Criminal Court with 3 divisions: Crown Division now the Crown Court to hear jurisdiction over all criminal matters and the more serious offences allocated to it, the District Division, comprise of a judge usually a District Judge or Recorder and at least 2 magistrates, to hear the jurisdiction over a mid range and in case of serious issues merit up to 2 years custody and the Magistrates Division comprised by a District Judge or Magistrates are to work out their present jurisdiction. The Magistrates Division would assign cases according to the significance of the suspected offence and the situation of the defendant. In the affair of an argument, a District Judge would determine the matter after hearing the version of prosecution and the defendant. The defendant has no right of selection of any of the division. LEGAL SYSTEMS The United Kingdom has 3 legal systems for its 3 separate jurisdictions; English Law for England Wales, Northern Ireland follows some common law principles and finally Scots Law for Scotland. England Wales English Law English law, which refers to the legal system administered by the courts of England Wales for both civil and criminal matters. English law has its own distinctive legal canon, separate from civil law [6] (civil law in which the sources known as reliable are legislation mainly codification in the constitution that are passed by the government and also the custom.) [7]. Actually the laws are not made a part of an organized system and also the laws are developed by judges in the court. Earlier times the justices and the judges were in charge if adapting the Writ system for the everyday needs to for building up a consistent law [8]. For e.g., the Law Merchant began in the Pie Powder Courts. When the Parliament developed in its capacity and focus to the canon of separation of powers, the legislation overtook the judicial law making. Senior Courts of England and Wales consist of Court of Appeal, the High Court of Justice and the Crown Court. The Supreme Court is the highest court for both criminal and civil appeal cases in England Wales and also Northern Ireland. English Law became one of the two legal systems in different parts of UK and also greatly influenced by Scots Law after the Acts of Union in the year 1707 [9] particularly in the development and incorporation of law merchant by Lord Mansfield and also with the development of law of Negligence. Northern Ireland Common Law The law of Northern Ireland is a common law system. It is managed by the courts of Northern Ireland, with The law of Northern Ireland is a common law system. It is administered by the courts of Northern Ireland, with supreme appeal to the Supreme Court of the United Kingdom in both civil and criminal matters. The countrys law is almost similar to the English Law with some of the rules of common law being transferred to the Kingdom of Ireland. The basis for the law of Northern Ireland is English Common Law and Statute Law. Scotland Scots Law Scots law is an inimitable legal system with an origin from Roman law. It also characterizes elements of common law with some feudal sources. This shows that Scotland has varied or mixed legal system compared to South Africa and to a certain extent it has codified systems of Louisiana and Quebec. The Acts of Union has shared legislature with the rest of the UK. In those days Scotland, England Wales each has separate or distinct legal systems, but the Union act brought some English influence on Scots law. Later on the Scots law was also affected by both European laws under the Treaty of Rome and with the Establishment of Scottish Parliament. Court of Session, for the civil cases and the High Court of Justiciary for criminal cases are the chief courts. The Supreme Court of the United Kingdom functions as the ultimate court of appeal for civil cases under Scots Law. Sheriff courts deals with most of the civil and criminal cases including criminal trials with a jury known as sheriff solemn court with a sheriff and no jury which is known as sheriff summary court. UK Legislatures United Kingdom Parliament The Parliament of United Kingdom is two- tier consisting of an upper house i.e. the House of Lords and a lower house i.e. the House of Commons. The House of Lords comprise of two types of members: the Lords Spiritual, he is the senior bishops of the Church of England and the Lords Temporal. The House of Common is an elected chamber democratically. These two houses gather in separate chambers in the Palace of Westminster in the City of Westminster in London. All government ministers including the Prime Minister are members of either the House of Commons or House of Lords [10]. Northern Ireland Assembly The Northern Ireland Assembly is the decentralized legislature of Northern Ireland. It has got the authority to enact in broad areas that are not overtly reserved to the Parliament of the United Kingdom, and appointed the Northern Ireland Executive. It is situated at Parliament Buildings at Stormont in Belfast. The latest embodiment of the Assembly was established under the Good Friday Agreement a commitment by all parties for exclusively peaceful and democratic means of 1998[11] . The Assembly is a unicameral democratically elected body consisting of 108 members who are known as Members of Legislative Assembly, or MLAs. Scottish Parliament The Scottish parliament is located in the Holy rood area of the capital Edinburgh. Unofficially the Parliament is referred to as Holy rood, the Parliament consists of 129 members who are democratically elected, and they are also called Members of Scottish Parliament or MSPs. The members of the Parliament are elected for four year terms under the Additional Member System of proportional representation an attempt to ensure that the outcome of the election reflects the proportion of support gained by each competing group [12]. The original Parliament of Scotland or also known as Estates of Scotland was the national legislature of the independent Kingdom of Scotland, and it existed till the 13th century until the Kingdom of Scotland merged with Kingdom of England under the Acts of Union 1707 to figure the Kingdom of Britain. As a result the Parliament of Scotland unites with Parliament of England to form Parliament of Great Britain, which is situated at Westminster in London. WORKING OF UK LEGAL SYSTEM England Wales Criminal law Criminal law or penal law, its a body of rules that describes the behaviour which is considered illegal because it is believed to threaten, harm or otherwise imperil the safety and welfare of the public. The law is actually insisted by the state itself and the one who breaks these laws are prosecuted in court. Capital punishment is obligatory in some jurisdiction for almost all serious crimes, physical or corporal punishments are also imposed such as whipping or caning [13]. Individuals are also enslaved in prison or in jail depending upon the jurisdiction. Length of imprisonment may vary from day to life. House arrest or fines are also imposed on the convicts who done the crime. The main objectives of this law by punishment are retribution, deterrence, incapacitation, rehabilitation and restitution. Some of the selected criminal laws are fatal offenses [14], personal offenses, property offenses, participatory offenses, mala in se v. mala prohibit a. Civil Law Civil law deals mostly the disputes between the individuals or corporate bodies and swathe a large array of areas which includes: landlord and tenant disputes, insolvency, small claims, consumer disputes, personal injury claims, divorce cases, race, sex and disability discrimination cases, debt problems wills and libel. [15]According to this law it is important that there should be 50 percent probability that the defendant is responsible for dispute. In both these cases the prosecution and the defence try to convince the court that one side is right and other is wrong. In criminal cases, the jury decides whether the prosecution or the defence are guilty and the final decision of sentence is issued by the judge himself. But in the case of civil and family cases the judges alone decides or announces who is the convict based on the evidences presented. In England and Wales prisoners are assigned different security classes when they are sentenced. The categories of prisoners in descending order are: Category A: prisoners whose escape would be highly dangerous to the public or national security. Category B: prisoners, whom which do not require maximum security, but the escape needs to be made very difficult. Category C: prisoners who cannot be trusted in open conditions but who are improbable to escape. Category D: prisoners who can be quite trusted that they dont try to escape, and are given the privilege of an open prison. Northern Ireland The countrys legal system is almost similar to England Wales [16]. The Lord Chancellor is responsible for court administration through the Northern Ireland Court Service. It deals with the policy and legislation concerning criminal law, the police and the prison system. Criminal law Criminal law is mainly concerned with establishing and upholding social order and protecting the community. The rules of this law are meant to persuade and keep up an orderly and safe living for every citizen. If anyone is found at fault they can be fined, given a community penalty or may be sent to a prison. Civil law Civil law is almost similar to the law of England and Wales i.e. cases must be verified by the balance of probabilities rather than the beyond reasonable doubt which is applied in criminal cases. Scotland The Scottish Executive Justice Department manages the issues regarding civil and criminal law. The Parliament makes or passes laws on those issues on which where it has the right to act independently, in such situation it can change or discards the acts of UK Parliament and it can passes new and separate legislation for Scotland. Scots Law The Scots Law and Scottish Legal system has a protracted history, which dates back to the medieval period. The uprightness and independence of Scots law were accredited in the 1707 Act of Union which eliminates the Scottish Parliament and forms a new UK Parliament at Westminster. Scots Law carves up many of the legislative provisions with the law of England and Wales [17], even though the Scots Civil Law remains significantly based on Scots Common Law. Scots Civil Law has some elements which got basis from the Roman Dutch Law. INDIAN LEGAL SYSTEM The Government of India, formally known as the Union Government (Central Government) and was found by the Constitution of India and it is the governing power of a union of 28 states and 7 union territories, collectively called the Republic of India. It is situated in New Delhi, the capital of India. The Indian Government Consist of 3 branches: the executive, the legislative, and the judiciary. The Executive branch is headed by the President of Country who is known as the head of the state and he implements his powers through officers under him or directly. The Legislative branch or the Parliament has two houses: lower house called the Lok Sabha[18], and the upper house called the Rajya Sabha. The Judicial branch has the Supreme Court at its top level, 21 high courts and number of civil criminal family courts at the district level. The civil and criminal laws governing the citizens of the country are governed by the parliamentary legislation such as the Civil Procedure Code, the Indian Penal Code and the Criminal Procedure Code. The legal system applied to the federal and individual state governments is based on the English Common (laws which are developed by the judges on the basis of decision of court and similar tribunals rather than by the legislative statues)[19] and Statutory Law (law that is made by the legislature and codified or written in code books) [20]. [21]India has a Parliamentary system of government which is largely based on that of the United Kingdom i.e. the Westminster System[22] (A democratic system of government which was modelled after that of UK and it is followed in many of the Common wealth nations such as Canada, Australia, Singapore, Jamaica, Ireland, New Zealand India.) The legislature of the country is Parliament. Its two-tier system, with two houses: Lok Sabha in which the 545 members are directly elected called House of the People also known as lower house, Rajya Sabha in which the 250 members are indirectly elected called Council of States also known as upper house. Council of Ministers as well as the Prime Minister is the members of the Parliament, if they are not members then they should be elected within a period of six months from the time they take up their respective positions. Individual responsibility Every individual minister takes care of the specific bureau or bureaus. He is supposed to answer any act of failure in all the policies relating to his ministry. In case any slip up, he himself is responsible to the Parliament. If a vote of no confidence vote or motion in a legislative body censuring an aspect of or indicating a lack of majority support for a government policy [23] is passed against a the minister then he is forced to resign from his position, in such situation the Prime Minister can ask for resignation of the minister to save his government and the people have say. Collective Responsibility The prime Minister and the Council of Ministers together are answerable to the Lok Sabha. So if there is a policy failure from the governments part members of the council are responsible. In such situation if a vote of no confidence is passed then all the ministers headed by the Prime minister have to resign from their position. Judicial System The Supreme Court in India is the eventual exponent of the constitution and the laws of the country [24]. It has appellate jurisdiction over all civil and criminal events involving substantial matter concerning the explanation of the constitution. The court has the unique and exclusive jurisdiction to determine the arguments between the central government and one or more states and union territories as well as between states and union territories. The Supreme Court has a broad or ample flexible powers to hear special appeals on any matter from any court expect those of armed services. It is also known as court of records and oversees every high court. Twenty five associate justices and one chief justice serve on the Supreme Court. Chief justice is appointed by the President, the associated judges are also appointed by the President after consulting with Chief justice. The appointments do not require Parliaments accord, and the justices cannot be removed from their position until they reach the binding retirement age 65. The Supreme Court has power to decide cases under [25]. Original jurisdiction Argument between central government and government of one or more states. Argument between central government and the governments of one or more states on one side and the governments of one or more states on other side. Argument between two or more states. Appellate jurisdiction: Supreme court is the final court of appeal. An appeal against the high court can be filed in the supreme court. If any of the parties is not satisfied with the decision of the high court appeals can be brought to constituitional, criminal and civil cases. Advisory jurisdiction: President may ask for the advice of the Supreme court on any matter of public importance. Features of Indian Legal System Written Constitution Constitution is generally a written document and affirms India to be a sovereign, socialist, secular, democratic republic and it represents the reservoir of enormous power. The Indian Constitution is an inimitable mix of rigidity and flexibility and it is a political document and also known as Bag of Borrowings [26] which mete out the power of the state amongst different structures i.e. between central and state government. Indian government is democratic and republican and is governmental through adult authorization. The Rule of law The term Rule of Law is derived from French phrase la principe de legalite (The principle of legality), that means a government based on the principles of law and not of men. According to ancient scriptures, Law is the King of Kings and there is nothing higher than law. The rule of law contains 3 principles [27]. Supremacy of Law: This means that no man is punishable or can legally be made to bear in body or goods expect for a discrete violation of law launched in an ordinary legal manner. It means that a man can be penalized for the violation of law but cannot be penalized for any other things. A suspected offence is supposed to be attested before the ordinary courts in harmony with the ordinary procedure Equality before Law: This means that no man is above the law. Every citizen whatever his position focuses on the ordinary law of the land and agreeable to the jurisdiction of the ordinary tribunals. Predominance of Legal Spirit: This means that general principles of the constitution are the result of judicial decisions for determining the file rights of private person in association with the cases brought to the court. Independence of Judiciary It is a principle that the judiciary should be politically defended from governmental and the exclusive power, this means that the court should not be exposed to culpable influence from other sections of government or personal interest [28]. One way to prop up judicial independence is by giving life term or long term for judges, which allows them to decide cases and make laws according to the rule of law and judicial discretion. Overview of Indian Court Structure The exclusive feature of Indian constitution is its judiciary. Single incorporated system of courts manages both union and state laws. The Supreme Court of India The Supreme Court of India is the highest court of the land. It is the vital explainer and protector of the constitution and the laws of the land. It is the highest court of petition or appeal. It takes up request against judgments of the regional high courts. The Supreme Court of India consists of Chief Justice of India and 30 other judges who are appointed by the president. High Courts High court is head of each states judicial administration. There are around 21 high courts for Indias 28 states, 6 union territories and one national capital territory. These courts have a power over a state, a union territory or a group of states and union territories. As the part of the judicial system the high courts are officially free of state legislatures and executives. Each high court within the country is a court of record for implementing original and appellate jurisdiction inside a state or territory. It also issues proper writs in cases regarding constitutionally assured fundamental rights. The high court controls or over sees all courts within its jurisdiction, expect for which deals with armed forces and can transfer constitutional cases to it from the lower courts. The said court have original jurisdiction on revenue matters. They under take original criminal cases by a jury, but not civil cases. According to article 141 of the Constitution of India all courts in the l and including high court are bound by the orders of Supreme Court. High courts are controlled by the chief justice. Judges of high court are appointed by the president of India after consulting with the Chief Justice and the governor of the state. Lower Courts High court has the power of supervising the lower courts within its jurisdiction namely the district and session courts and their lower courts [29]. The district and the session courts consist of the lowest level of courts and are also known as trial courts and it applies both federal and state laws. States are divided into districts and inside each district a district judge and sessions judge heads the judiciary. A district judge is in charge of all civil cases and sessions judge over the criminal cases. State Governor after consulting with the states high court appoints these judges. Civil cases are filed in Munsif courts, also known as sub district courts. Lesser criminal cases are handed over to the subordinate magistrates working under the high court. Village level disputes are mostly resolved by Panchayats or Lok adalats. Executive The President of India is the Head of the State and the Commander-in-Chief of the armed forces [29]. He is elected by the democratic board composed of members of both the Houses of Parliament and the legislatures of the nations constituent states. The President holds the position for 5 years and he can be re elected. The president does not normally implements any constitutional powers on his own inventiveness. But these are done based on the instruction given by the Prime Minister and the Council of Ministers. The Prime Minister is appointed by the President, who is chosen by the legislators of the political parties. President then appoints other ministers on after consulting with the Prime Minister. Prime Minister can remain in office only when he or she enjoys the majority support from the Parliament. The Vice President is elected by the members of both the houses the lower and the upper houses of Parliament. The Vice President takes the power of President in case of death or resignation of the current President. Indian legal system is mostly based on the English common law and statutory law, and most of the state and the territorial law are based on English common law. Indias dedication to law is created in the constitution which made India into a sovereign democratic republic, which contains a federal system with law-making form of government in the union and the states. The main resources of law in India are the Constitution, statutes, customary law and case law. Parliament, state legislatures and Union Territory legislatures endorse the statutes. In addition to that there is a huge body of laws known as subordinate legislation in that form of rules regulations made by central and state governments and local authorities like municipal corporations, municipalities, Gram Panchayats and other local bodies. Subordinate legislation is made under the authority s assigned either by the parliament or state or union territory legislatures. The official publications of laws of India are recorded in major parliamentary legislation such as the India Code. Indian laws stick on to the United Nations guidelines on human rights laws and the environmental law. .

Comparing and Contrasting PCs and mainframes Essay

Before the existence of personal computer or PC, there is minicomputer or microcomputer, the term â€Å"computer† simply referred to mainframes. Mainframes and personal computers have changed drastically over the years but their core functions and systems have stayed the same. The mainframe is used to connect multiple users for large organizations, while personal computers are generally used for a single user. The more drastic changes for mainframes and personal computers have been the increase of speed, memory, and the reduction of size. Mainframes use to be the size of buildings, now they are the size of a normal Intel blade server system. Last time when you need to access the mainframe you need to use a terminal for data entry or retrieve certain data. Then, the idea came to off load some of the processing from the mainframe and place it on a personal computer. Compare A mainframe is not much difference from a personal computer. There are many similarities between mainframes and personal computers which stands to reason since one evolved from the other. Both mainframes and personal computers have one or more central processor units, a huge number of memory, one or more busses, and one or more I/O systems. Another similarity between the two is that they are both IBM-based systems and similar hardware is used to build them. They can also perform some complex calculations, applications and handle multiple programs. Another area is that both require operating system to work and also to handle and optimize all the I/O systems or modules. Differences Although they are much similarity between the mainframes and computer as mention above, the similarity stop there as they are many differences too. Mainframes cost much more in terms of thousands of dollar than a normal personal computer or server. The mainframe nowadays takes up less space and less power consumption compare to a server farm task to do the same job. As mention (Shurkin, 1996), Transaction processing jobs run constantly in real-time and must be available more than 99. 99% of the time. The reboots and lock-ups common with PCs are simply not acceptable. Thousands of individual users can log in simultaneously from a variety of sources such as computer terminals, ATM, or Internet web sites, and complete a single transaction. Time-sharing jobs can be started when needed from a computer terminal by authorized users who then use the mainframe as their own big PC. Finally, batch jobs are started automatically by the system at regular times according to a strict predetermined schedule. Batch jobs are used to do the periodic processing required on the data being received from transaction and time-sharing jobs. Closing the accounting books at month-end or copying disk files to tape for backup are examples of batch type processing. The OS or Operating System in a mainframe such as from IBM z/OS which is the successor to the IBM OS/390 can run Multiple Virtual Systems (MVS). The new IBM z/OS support WebSphere ® Application Server on z/OS, and also the new zFS (System z File System) Direct I/O capability in z/OS. This help to enhance performance improvements to the system, and also provide an easier Parallel Sysplex functionality (IBM, September 2011). In an article by (Barnett G, 2010) stated that the mainframe is best suited for enterprise cloud computing as it is easily able to handle hundreds of complex applications or programs, and most important able to run hundreds of environment in a single physical footprint and easily deliver the 24Ãâ€"7 availability that our customers demand. Conclusion (Doerbecker & Patterson, 2002), stated that the role of the mainframe has gradually changed from that of a data processor to that of a server, with the processing being done on the user’s PC. It has also been modified to interface to the Internet through the addition of TCP/IP protocols, Unix, and Java programming, to enable businesses to connect to their customers over that network. Once the only form of business computer available, the mainframe has survived the PC revolution and maintained an important function in commercial computing.

Commercial Fixture Essay

Suggested questions for the Commercial Fixtures Inc. case are given below. 1. What would you as an outside third party bid under the same conditions (with the same information) for the entire company (both halves)? Why? 2. What do you expect Albert Evans to bid for Gordon’s half interest? Why? 3. What should Gordon Whitlock bid for Albert’s half interest? Why? 4. How would you structure the purchase of the business? Question #1 is a business valuation question. There are a number of ways to estimate the value of a business. You have probably covered one or more of these ways in a previous class. The next two pages review a few of the various ways to go about it. For a discounted CF approach of valuing Commercial Fixtures Inc., I will use the following template: VALUATION APPROACHES – OVERVIEW/REVIEW 1. Comparable Trades Analysis — Using valuation ratios, or â€Å"multiples† of comparable firms Use one or more valuation ratios, which include (a) Price-Earnings (b) Market-Book (c) Price-CF (d) Price-Revenues (e) Enterprise Value to EBITDA, and (f) Other ratios. The prospective value (price) of the subject firm is quantified into—and compared with—one or more of the valuation ratios of its peers. The better the performance of the subject firm relative to comparable firms in the relevant performance measures (as measured by operating ratios), the higher the appropriate valuation ratio for the firm (and vice-versa). 2. Liquidation Value, aka Book Value approach Place liquidation values on the net working capital and fixed assets of the firm. Include tax write-off benefits, if any. This approach is rarely useful, and will typically serve as a minimum value (unless the firm is in severe distress). 3. (i.) Discounted Present Value of the Firm’s Free Cash Flows   Ã¢â‚¬â€ commonly referred to as DCF Valuation, or WACC valuation Value of the Firm = PV of future free cash flows + PV of terminal value a.Estimate the first 3 to 10 years’ free cash flows and calculate the PVs. (A five year horizon is common, but this can vary.) Typically you will use the WACC as your discount rate. Depending on the circumstances, the estimated cash flows may be available for fewer than five years, or more than five years. b.Estimate the PV of the terminal value. One estimate for the terminal value involves assuming perpetual cash flows after the initial time horizon, e.g.: i.If the cash flow after 5 years is expected to grow at a rate g for the foreseeable future: Terminal Value5 (TV5) = FCF6 /(k – g) = FCF5 (1+ g) / (k – g)., where k is the required rate of return. You must discount the TV to time 0, and then add this to the PV of the FCFs during the projection horizon. ii.If the cash flow at the end of 5 years is not expected to grow, i.e., g=0, then the general formula collapses to the PV of a no-growth perpetuity: Terminal Value5 = FCF6 / (k-g) = FCF5 (1+ g)/(k – g) = FCF5 / k c.Use the Value of the Firm equation above, i.e. sum PV of free cash flows + PV of terminal value . The Value of the firm’s Equity = Value of the Firm – Debt Currently Outstanding. 3. (ii.) Adjusted Present Value approach — we will only briefly discuss this approach; a topic for a future finance course. 4. Comments on Valuing the Firm using DCF (or WACC) and APV valuation approaches a.Watch the free cash flows (not reported earnings)! In particular, as in the capital budgeting decision process: –Depreciation charges are not cash outflows. –Investment in new property or equipment is a cash outflow. –Increases in net working capital are cash outflows. –Taxes are cash outflows b.Do not subtract interest expense from FCFs. We want to estimate a value for the whole business. The return to creditors is reflected in the discount rate used. c.Consider other factors, such as a control premium or a lack of marketability discount. These are mentioned in your textbook, and we will discuss these in class. d.Notice the sensitivity of your estimated firm value to changes in assumptions, particularly the perpetual terminal growth rate, and the discount rate. Typically a range of firm values is calculated from various ranges of these two rates (as suggested in the template on p. 1), particularly when uncertainty is high.