Criminal Law VS Civil Law

A tort actions is a form of civil law, which are intentional tort, torts of negligence, and strict liability torts, the vast majority of legal issues in the United State involve this, such as divorce, child custody, child support, domestic dispute, consumer problems, defamation, and injuries due to a person by another person. You can fine a civil lawsuit yourself or have an attorney do it for you, in this case you become the plaintiff and the other person will be the defendant. In most situations a civil lawsuit is filed for the purpose of momentary compensation for damages or some other form of noncriminal relief.Criminal Actions Criminal law deal with crimes against society, such as murder, theft, assault, abuse, arson, and embezzlement. You can't initiate a criminal lawsuit yourself, only a federal or state prosecutor can. Defendant found guilty in criminal cases face fines, public service, prison sentences, or possibly death; it does depend on crime and the state where the trail takes place. For example, â€Å"State v. Hudson is a hypothetical criminal case where the state brings criminal charges against Hudson. Jones v. Hudson is hypothetical civil cases in which the party named Jones sues the party named Hudson.  Ã¢â‚¬Å"( David L Hudson Jr. , 2010, p. 143)Similarities All though criminal and civil suits have many differences they have few similarities. Both suits involve a judicial officer of the state sitting in judgment, they also require the person moving the court for an order (the prosecutor in criminal and the plaintiff in civil cases) to prove to the relevant standard of proof nor, do they permit leading questions when examining one's own called witness and permit leading questions when examining the other side's witness. They proceed by hearing each party on each point as to evidence and law and ending with an order of the court.Differences Civil law cases are governed by the rules of civil procedure, while criminal law cases are governed by ru les of the criminal procedure. Criminal law suits are made on behalf of the state or government, the purpose of which is to punish individuals who comment crimes. Tort law serves private parties, their intent is to distribute compensation to the wronged party. The other major difference between them is the burden of proof. Burden of Proof In civil lawsuit, the standard of proof is either proof by clear and convincing evidence known as preponderance.A preponderance of the evidence simply means that one side has more evidence in its favor than the other. However, in a criminal lawsuit clear and convening proof is the standard burden of proof it is known as beyond a reasonable doubt. This evidence must establish a high probability that the fact presented can be proven true. The main reason that the proof standard of reasonable doubt is used in criminal trials is that such proceedings can result in more severe consequences such as the deprivation of a defendant's liberty or even in his or her death.These outcomes are far more severe than in civil trials, in which momentary damages are the common end result. The major difference in the two burdens of proof is that in a criminal suit the evidence must allow no other logical explanation to be derived from the facts presented except that the defendant committed the crime, thus overcoming the presumption that a person is innocent until proven guilty. In a criminal cases one piece of overwhelming evidence can turn a case around no matter the others amount of evidence, while in a civil case either side can present a large amount of evidence and the one with the most evidence wins the case.Outcome In certain cases you can be charged for criminal and civil charges, if you injure someone intentionally you can be charged with criminal assault and battery by the state or local government and the victim can also sue you for damages in court in a tort action. For example in the case of O. J Simpson. He was tried at first for mu rdering is his wife and her friend and he was found not guilty by a jury of his peers. The family decided to suit him for compensation and won the cases. The Outcome if O. J. would have lost the criminal cases could have been anywhere from 25 years to life or the death penalty.

Hong Kong Moral and National Education

Do you think moral and national education should be abolished? Moral and national education had recently become a hot topic in Hong Kong. Moral and national education  is a school curriculum proposed by the  Education Bureau of Hong Kong, it s transformed from the current moral and civic education. The Education Bureau stated that it is to cultivate â€Å"positive values and attitudes† in students. Schools are forced to make it into an independent subject and teachers will teach according to curriculum given by the Education Bureau.However, the society suspected that it is brainwashing, they express their concerns through forming associations like Scholarism and marching. National Education should have included different perspectives for students to know more about their country and citizenship. Instead of letting students know about their country thoroughly, the information is carefully selected by the government. Of the 19 references, 18 of them were written by mainland Chinese. There are no references from local or foreign scholar, no diverse views and different interests.They are all one-sided view of China and neglected lots of important issues such as the development in human rights and democracy in China. Such references and handbooks are inappropriate to use as teaching materials. Hong Kong schools already have liberal studies, civil education and Chinese history, content of lessons are overlapped. Students are overburdened by homework, test and examination. Schools and teachers are rushing through the syllabus of HKDSE. Time is tight for both school and students, another compulsory subject is not needed. This creates more pressure and stress than the benefit it might have on the major stakeholders.The curriculum guide for the evaluation of student’s performance is also being worried. Students have to be emotionally touched in order to show their patriotism. It focuses students to dissemble or to fake their feelings in order to get hig her marks, it is not a proper way of education. Along with contents that praises the Communist China, â€Å"advanced, altruistic and united governing body† with characteristics that â€Å"ensuring stable governance, protecting wholeness of country†. Students are to be brainwashed and to love their country blindly. Extreme nationalism and patriotism can easily leads to war just because of a little conflict (WW1).In my opinion, a moral and civic education curriculum committee should be set to draw up guide lines and design the teaching materials. It should be consist of trained teachers, parents and people from different parts of the society. The curriculum committee can also monitor the implantation of this subject or whether it should become a subject at school. With all the rejections and disagreements from professional teachers, parents and even students themselves, the government should understand their concerns and go for a more opened approach.

Free Essays on Communication Process

Abstract To be able to compete in a growing world economy, we as current and future mangers need to embrace diversity and it’s impact in our professional live. Diversity in the work environment will expose all of us in contact with other people of different vastly backgrounds. We all have the need to develop new skills and the understanding of other cultures to be able to compete within the workforce. Building a workforce through diversity has become part of the mainstream strategy for many companies. Working in teams in both the work environment and academia are a critical new aspect of our ever-changing world. Work groups are becoming more and more diverse and it is becoming increasingly important for business organizations to embrace diversity as well as to understand and manage it. The perspectives of working together successfully requires team members to meet the challenge of learning to effectively communicate and develop together for a common goal. Communication Process The communication process in the workplace can range from simplex to complex. Simplex communication can be as simple as asking for a status of the a project, to the very complex assignment of explaining the five year strategic plan that would include economic and competitive advantages. How we communicate and how we receive communication has and will continue to have a direct and guiding effect on our careers as managers. Most managers in the workplace find that the most important factor in employee promote-ability would be effective communication. With this in mind it is strange to see that many managers and employees within organizations lack effective communication skills. In my opinion, I have found that effective communication to be a very serious problem in many AT&T organizations. Many managers are not aware of the communication importance and their lack of mastery of this skill. Employers in the organizations of today... Free Essays on Communication Process Free Essays on Communication Process Communication Process In many ways, the history of human civilization chronicles the increasing centrality of communication. Communication establishes relationships and makes human organization and cooperation possible. Whether you recognize it or not, you have no choice but to communicate. If you try to avoid communicating by not replying to messages, you are nevertheless sending a message, but it may not be the one you want or intend. When you don’t say yes, you may be saying no by default- and vice versa. The only choice you can make about communication is whether you are going to attempt to communicate effectively. Communication is complex Communication is a complex process in which many possibilities for error exist. Since World War II, we have become increasingly aware that many of our problems in our personal and professional relationships result from poor communication. Nevertheless, because we spend so much of our time communicating, we tend to assume that we are experts. Surveys indicate that when business professionals are asked to rate their communication skills, virtually everyone overestimates his or her abilities as a communicator. When we have problems understanding or making ourselves understood, the natural tendency is to blame the other person (or persons). Effective communication Effective communication begins with a recognition that not everyone experiences the world in the same way and that other’s views may be as correct- perhaps even more correct- than our own. We create internal, mental maps of reality based on our experiences. When we communicate, whether nonverbally through gestures and actions or verbally through language, we do so based on our mental maps. If I were to tell you, for example, that Coke tastes better than Pepsi, I would not have actually said anything about either Coke or Pepsi. Instead, I would have told you something about my subjective experience- the mental map I have cr... Free Essays on Communication Process Abstract To be able to compete in a growing world economy, we as current and future mangers need to embrace diversity and it’s impact in our professional live. Diversity in the work environment will expose all of us in contact with other people of different vastly backgrounds. We all have the need to develop new skills and the understanding of other cultures to be able to compete within the workforce. Building a workforce through diversity has become part of the mainstream strategy for many companies. Working in teams in both the work environment and academia are a critical new aspect of our ever-changing world. Work groups are becoming more and more diverse and it is becoming increasingly important for business organizations to embrace diversity as well as to understand and manage it. The perspectives of working together successfully requires team members to meet the challenge of learning to effectively communicate and develop together for a common goal. Communication Process The communication process in the workplace can range from simplex to complex. Simplex communication can be as simple as asking for a status of the a project, to the very complex assignment of explaining the five year strategic plan that would include economic and competitive advantages. How we communicate and how we receive communication has and will continue to have a direct and guiding effect on our careers as managers. Most managers in the workplace find that the most important factor in employee promote-ability would be effective communication. With this in mind it is strange to see that many managers and employees within organizations lack effective communication skills. In my opinion, I have found that effective communication to be a very serious problem in many AT&T organizations. Many managers are not aware of the communication importance and their lack of mastery of this skill. Employers in the organizations of today...

New health care laws Essay Example

New health care laws Essay Example New health care laws Paper New health care laws Paper The purpose of law lies in the preservation of freedom and moral right in the society. The state which makes the laws and governs the people can be judged on the basis how it is giving protection to all the sections of the society including the those least able to help themselves such as the disabled, children and the elderly. It should lift the people who are in need. If the state is able to deliver these thing that one is regarded as a state with basic rules of law and governance. The constitution is said to be efficient and effective when it allows government to protect the liberties of citizens and their lives. One of the major problem faced by the people in the developed countries is about their health insurance, lack of information about price and quality. The President of America believes that the people need reliable health care, reasonable price and high quality services. President Bush has proposed an agenda to make the healthcare services more efficient and portable. The people of America should be able to choose healthcare based upon their individual needs so that they can understand the information about the quality and price of the healthcare. As far as the insurance is concerned, it should be affordable and portable. The agenda includes some important principles, they are escalating health savings accounts, making health insurance more effective and portable, to make healthcare more transparent by providing much information on quality and price, to pass reforms about the medical liability, to assist Americans more efficiently. Healthcare plays a very vital role in day to day life. Among healthcare, health savings account is the one which is very important and helps public in many ways. It allows Americans to save tax free dollars which can be used for the purpose of healthcare of the individual and the companies. More than 3 million people in America has enrolled in HAS. It provides flexibility for the individuals and companies to spend their dollars on healthcare. With the help of the Agenda made by the president on healthcare, the self-employed, workers for companies those who do not offer healthcare policies and the unemployed are benefited and they get access to employer healthcare plans, for these kind of people the government has reduced the tax on paying the premiums for HSA insurance policies. For the people who are not working especially the retirees, the government provided tax free for an HSA account. The American Government enabled portable insurance Policies. By this the employees can control, own and be able to shift the policy where ever they want. Usually, the health insurance is not valid if the person shifts from one company to the other. But by this agenda, the president has permitted that the health insurance is valid across the states. The President in his Agenda has introduced Association health plans (AHPs). To purchase health coverage, AHPs combine the small businesses; by this the association members can pay premiums at a lower rate. Establishing community Health Centers in poorer communities has been proposed to make health care available. Community health center or rural clinic in every high-poverty country has set out to be established. They are many benefits with the implication of healthcare but if the law is not followed, there may be misuse of the benefits. In the medicare bill, the impact of the prescription drug is different for different types of beneficiaries. Most seniors are disappointed with the medicare prescription drug benefit. Though prescription drug benefit would allow affording the drugs they need but the companies that administer may limit to less brand name and low cost medicines. In this, the companies are benefited but the public is affected. The federal government with the help of private companies is going to provide prescription drug discount cards, but according to the survey of Mercer Human Resource Consulting, the senior citizens are not going to be benefited. According to the survey, Medicare premiums would rise sharply as Medicare is going to compete with the private insurers. For the traditional Medicare, the current premium is $58. 70 a month . Medical beneficiaries concern about the retirees whether the employers are going to offer them drug coverage. For the pharmaceutical company, the medicare bill is the big victory but for some private health plans which are cost-effective, they would like to receive subsidies from Medicare which they cannot receive up to their expectations. By the medicare bill, doctors will be benefited because the compensation rates to the doctors who treat the medicare patients will be increased for doing high technology tests and Medicare pays too little for talking and examining with patients . Medicare could use some fixing at the margins. It pays doctors too much for doing high-technology tests and procedures and too little for examining and talking with patients. Rural hospitals also will get benefited by this because rural hospitals get $25 billion to compensate for a low number of patients. For most senior citizens, who spend moderate to high, will be benefited by the medicare bill. But for the citizen who is spending low on the health care would not be benefited. Almost the tax payers are the losers. By the medicare bill, some of the organizations and individuals get benefited but some may not. If every thing happens according to the law, and if the private companies, public and government go hand in hand, then everyone will be benefited. If not, some sections of the society in one or the other form may suffer. Reference: 1. Edward W. Younkins, (2000, September 2), Capitalism and commerce: The purpose of law and constitutions, Montreal, No: 66, Retrieved 2007 December 25. quebecoislibre. org/000902-11. htm 2. Shannon Jones and Barry Grey, (2003, November26) A windfall for drug companies, private health insurers, Retrieved 2007 December 25. wsws. org/articles/2003/nov2003/medi-n26. shtml 3. Angell, Marcia, (2003, Feb 01), Dr. First to the Rescue: How not to fix Medicare. (Bill First),The American Prospect. Retrieved 2007 December 25. http://goliath. ecnext. com/coms2/gi_0199-2521596/Dr-Frist-to-the-rescue. html

Round

Round Round Round By Maeve Maddox The word round is the ideal word to illustrate the fact that a word is not a part of speech until it is used in a sentence. Of the eight classic parts of speech–noun, verb, adjective, adverb, preposition, conjunction, pronoun, and interjection–round can function as five of them. 1. Round as Noun We speak of a round of golf and the rounds of a boxing match. We sing musical rounds like â€Å"Row, Row, Row Your Boat† and â€Å"Frere Jacques.† Shakespeare spoke of a king’s crown as â€Å"a golden round.† The steps of a ladder are called rounds. The creed of the United States Postal Service, translated from Herodotus, declares, â€Å"Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.† Here are some more common meanings of round as a noun: a large piece of beef a slice of bread, especially toast a regularly recurring sequence the constant passage and recurrence of days the act of ringing a set of bells in sequence a circular route a regular visit by a doctor or a nurse in a hospital a set of drinks bought for all the people in a group an amount of ammunition needed to fire one shot. a single volley of fire by artillery an outburst of applause a period or bout of play at a game or sport a division of a game show a session of meetings for discussion 2. Round as Adjective Anything that is spherical in shape may be described as round, for example, balls marbles, oranges, and grapes. Also round are cake pans, plates, Frisbees, wheels, CDs, and bagels. Vowels can be round, (i.e., enunciated by contracting the lips to form a circular shape.) Applied to a quantity of something, round can mean large or considerable: â€Å"A million dollars is a good round sum.† But applied to an estimate, round means rough or approximate: â€Å"The figure of three thousand years was only a round guess.† Shakespeare and his contemporaries frequently used round in the sense of outspoken: â€Å"Sir Toby, I must be round with you.† Horses can trot at â€Å"a good round pace,† and scholars often have â€Å"round shoulders.† 3. Round as Verb You can round a piece of clay into a ball, round the edges of a table, round the bases, round chickens into a corner, round out your gnome collection, round a number, and round suddenly on someone who has been annoying you. 4. Round as Adverb and Preposition These uses of round are more common in British usage than in American: â€Å"When the door slammed, everyone turned round.† (adverb) â€Å"At last, the bus came round the corner.† (preposition) See Round vs. Around for a discussion of these two uses of round. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:Fly, Flew, (has) FlownFlied?"Replacement for" and "replacement of"English Grammar 101: Sentences, Clauses and Phrases

Supply chain management Essay Example | Topics and Well Written Essays - 1750 words

Supply chain management - Essay Example A push system however can meet the requirements of a system which needs large inventory which would be difficult for a pull system to manage. Therefore push systems are good for demand that doesn’t depend on conditions that is, it is ‘independent’ and thus they are dependable sources especially when uncertainty exists in the environment. (Hirano, 2009) Just in time inventory (JIT) is one of the models of inventory and it follows the pull system that can react quickly to demand changes. It is a production strategy which aims to improve business models by increasing their return on investment (ROI) by reducing the time and costs associated with inventory. The process is built around the importance of signals which exist between processes and which will signal the production process when to produce the next part. The signals also called ‘Kanban’ are simply visual and they show shelf space etc. JIT inventory management can lead to improvement in the organ ization of manufacturers and enhances quality, efficiency and investment. The focuses are on the quality, flow of products and the employees. The process is such that depletion in stock will signal personnel to order in new stock and overall inventory reduction is achieved which is the main purpose of this style of management. (Dennis, 2002) This will lead to lower costs of warehousing; however JIT has other elements involved such as the fact that it is not independent of the other proponents of the system. Manufacturers have tried to better this process over the years by forecasting better such as using methods such as trailing. JIT seems to be an appropriate plan for companies...A push system however can meet the requirements of a system which needs large inventory which would be difficult for a pull system to manage. Just in time inventory (JIT) is one of the models of inventory and it follows the pull system that can react quickly to demand changes. Good information system Manufacturing resource planning (MRP) is a push method of inventory management. MRP and JIT compared Since JIT doesn’t allow for pushing of products visibility in JIT is less than in MRP system where forecasting allows for visibility. MRP process also protects each part of the process of operations from being disrupted and therefore it is a more proactive process as compared to JIT approach. The main sacrifice a firm has to make in JIT management system is the inventory and capacity. However in MRP system the stock of extra products allows the system to be continuous and work all the time including when it is not needed. JIT is also a more decentralized approach to operations management which isn’t the case with MRP system or any other system for that matter. A hybrid system Firms were using MRP push model initially and then they started looking towards pull systems like JIT.

Corporate Social Responsibility within Islamic prospectives Literature review

Corporate Social Responsibility within Islamic prospectives - Literature review Example The values and the principles which have been in place since the time of Prophet Mohammed serve as the CSR foundation in Islam. Islam fundamentals are not subject to change. They include aqidah, referring to belief and faith, ibadah, which means worship and akhlaq, which refers to morality and ethics. In secondary fields such as economics, business and other activities the manifestation of these fundamentals will need flexibility and development in accordance with the time and space. Hence, in Islam the idea of CSR is always subject to change depending on the various needs of the community and the society. According to Islam human represents God and that the whole creation was formed by God. Human being God’s representative therefore, has a great obligation to look after the creation of God. The CSR concept In Islam covers an extensive meaning, in that it embraces God consciousness dimension which is referred to as the taqwa. In all situations, group of individuals takes up di fferent roles and responsibilities as servants. According to Hassan (2002), values of truthfulness, fairness, kindness, uprightness instead of envy and discrimination inspires the relationship with God. This normally manifested naturally in various activities in business and even in the relationship with all the stakeholders.