English land law - Free Essay Example

Sample details Pages: 6 Words: 1792 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Did you like this example? English Land Law (a) For conveyances completed on or prior to 27 September 1990, a valid contract of sale of land was governed under s 40 of the Law of Property Act 1925. Any land contract could be either oral or written but, if oral, evidence via a written document or an act or part performance was required to facilitate enforceability. For post 27 September 1990 conveyances, the rules under s 2 of the Law of Property (Miscellaneous Provisions) Act 1989 are applicable. Don’t waste time! Our writers will create an original "English land law" essay for you Create order The contract must be in writing, contain all the terms agreed between the parties and must be signed by those parties. (b) A valid deed made before July 31st 1990 required the signature of the person executing the deed, his seal or locus sigilli (LS), and delivery to the other party. After July 31st 1990, the procedure is under s 1 of the MP(LP)A 1990. A deed must express on the face of it that it is intended to be a deed, it must be signed by the person executing the deed and done so in the presence of a witness. Finally, the deed is to be delivered by the person executing the deed or by another on his behalf. Question Two Title does not pass for registered land until the title is registered in the Land Registry in accordance with s 27 of the Land Registration At 2002. This system differs from the unregistered system as here there is only the requirement for the execution of title deeds that effect the transfer of ownership. The difference is that title does not pass in the new system until title is registered. In the old, latter system, title would pass immediately upon delivery of the deed with the money purchase of the estate. Question Three The three principles of land registration reflect the purpose of this system, which is à ¢Ã¢â€š ¬Ã…“To achieve greater simplicity and certainty of title to land by a system of central registration of property, ownership and charges.[1]à ¢Ã¢â€š ¬Ã‚  This therefore means that the requirement for investigation into title effectively stops upon inspection of the Registry and there are three principles of this system, which has its origins in Australia and is referred to as the Torrens system[2]. The Curtain Principle This principle dictates that, in accordance with s 78 of the Land Registration Act 2002 trusts relating to land are kept away from the title. The result of this is that third parties have the ability to transact with registered land owners with out fear of overreaching. This rule was also affirmed in the Australian case of Wolfson v Registrar General (NSW)[3]. The Insurance Principle Here the Crown will guarantee the accuracy of the registered title. The result of this is that the State will indemnify a registered proprietor from public funds in the event that they are deprived of their title or it is affected in any way by virtue of any fault in the register. The upper limit for compensation now stands at around  £2.5 trillion[4]. The Mirror Principle The notion here is that Land Registration is to act as a mirror which will accurately à ¢Ã¢â€š ¬Ã‹Å"reflectà ¢Ã¢â€š ¬Ã¢â€ž ¢ the full myriad of estates and interests that are affecting the registered land. This therefore means that the register is seen as the all encompassing document[5]. Question Four In Joint tenancy co-owners own the whole estate together and are treated collectively as a single owner. The subject matter of joint tenancy cannot therefore be split and distributed between the joint tenants as each possess a right to the whole estate. In order for a joint tenancy to be valid, it is essential that the à ¢Ã¢â€š ¬Ã‹Å"four unitiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ are present. Firstly, à ¢Ã¢â€š ¬Ã‹Å"Timeà ¢Ã¢â€š ¬Ã¢â€ž ¢ requires that the interest of each of the co-owners vests at the same time. Secondly, à ¢Ã¢â€š ¬Ã‹Å"Titleà ¢Ã¢â€š ¬Ã¢â€ž ¢ means that the joint tenants are to have obtained their title via the same means, such as the unified action of taking possession , which was established in Ward v Ward[6]. Thirdly, the à ¢Ã¢â€š ¬Ã‹Å"interestà ¢Ã¢â€š ¬Ã¢â€ž ¢ of each of the joint tenants requires to be absolutely identical and must therefore be of the same duration and nature. Finally, à ¢Ã¢â€š ¬Ã‹Å"Possessionà ¢Ã¢â€š ¬Ã¢â€ž ¢ means that the co-owners must be equally entitled to possession of the land[7] and no single part of it can be for the exclusive possession of one party to the group of joint tenants. By contrast, tenancy in common constitutes the notion of shares in property that can be split up. Further to this, there is only one à ¢Ã¢â€š ¬Ã‹Å"unityà ¢Ã¢â€š ¬Ã¢â€ž ¢ principle, which is possession. This type of tenancy operates on the principle that the division of property occurs where there is a desire to liquidate a share by one of the tenants in common but, despite this all tenants in common share the right to possess the whole property. Question Five 1)Adverse Possession of unregistered land Possession is governed by the Limitation Act 1980, which states that no action for the recovery of land may be brought after a statutorily prescribed period of time has passed since the date of creation of the right of action[8]. The prescribed time is 12 years in accordance with s 15 of the 1980 Act. There are two requirements for there to have been successful expiration of the prescribed period. Possession The first element of possession is that it must be factual whereby, as stated by Slade J in Powell v McFarlane[9]: à ¢Ã¢â€š ¬Ã…“What must be shown as constituting factual possession is that the alleged possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and that no-one else has done so.[10]à ¢Ã¢â€š ¬Ã‚  Factual possession of ground behind a house would therefore constitute fencing it in and cultivating it, and this occurred when Jill fenced it in but the planting of trees is a debatable act of exclusive possession. The limitation period therefore began between 1985 and 1990 but no further accuracy is required as the second element of possession is not met. This is intention, which is to make clear to the rest of the world that there is intention to possess the lands exclusively. The planting of trees would not be sufficient for this but the fencing would and therefore, the period of limitation began in 1990. Adverse Possession Possession requires to have been inconsistent with the rights of the owner. Disused land that is subject to a future purpose by the proprietary owner is dealt with in the case of Leigh v Jack[11] which began the theory of implied licence whereby possession of disused land could not lead to dispossession by an adverse possessor. However, this assumption is no longer recognised as trite law since Sch 1, para 8(4) of the 1980 Act states that mere consistent treatment of land by the adverse possessor with the intentions of the proprietor will not assume implied licence. Therefore, the ground taken by Jill has been adversely possessed. Aggregation of adverse possession S 15(1) of the 1980 Act allows for the aggregation of the period of adverse possession thereby allowing a new owner to include any period of adverse possession by the old owner.[12] The adverse possession must be continuous and this is satisfied in the present circumstance with Berthaà ¢Ã¢â€š ¬Ã¢â€ž ¢s purchase from Jill. Interruption of limitation Proceedings may be brought by the true owner against the adverse possessor but proceedings must progress through to judgement and the mere issuing of a writ is not sufficient[13]. The Councilà ¢Ã¢â€š ¬Ã¢â€ž ¢s letter to request the removal of a fence therefore does not satisfy the extent of action required to cease the running of the limitation period. There has been adverse possession of the unregistered land from 1990 to 2005, which means that the Councilà ¢Ã¢â€š ¬Ã¢â€ž ¢s right of action has expired and Bertha has acquired a legal estate. Adverse possession of registered land The Land Registration Act 2002 creates limitations for adverse possession of registered land. The adverse possessor has to apply for registration in the land registry under Sch 6 but only once they have undergone uninterrupted possession for at least ten years[14] up to the date of application or within six months of an eviction notice[15]. Aggregation does not apply for registered land but Bertha still has more than ten years between 1992 and 2005 and, if the notice received from the Council is for eviction, she has sought advice well within six months. In accordance with rr. 194 and 198 of the Land Registration Rules 2003[16] the registrar must however notify the registered proprietor of the application once it is received. If there is no response to such notice, the adverse possessor may register title.[17] This will not happen to Bertha as the Council will object and defeat her claim. There are however three circumstances where responses by the proprietor or others with i nterests will not affect the application for registration of title by the adverse possessor. These are estoppel[18], some other right to the land[19] and reasonable mistake as to boundaries[20]. The second is irrelevant and no reasonable mistake could have been made as to boundaries as the house purchased by Bertha was registered no later than 1985 and the boundaries would have been clearly marked. There is also no notion of estoppel as the registered proprietor did not induce Bertha to believe that the land was hers[21]. Bertha will loose the registered land! Bibliography Legislation Land Registration Act 1925 Limitation Act 1980 Law of Property (Miscellaneous Provisions) Act 1989 Land Registration Act 2002 Land Registration Rules 2003 SI 2003/1417 Case Law Freeguard v Royal Bank of Scotland Plc (2000) 79 P CR 81 Wolfson v Registrar General (NSW) (1934) 51 CLR 300 Creelman v Hudson Bay Insurance Co [1920] AC 194 Abbey National Building Societ y v Cann [1991] 1 AC 56 Ward v Ward (1871) LR 6 Ch App 789 Bull v Bull [1955] 1 QB 234 Powell v McFarlane (1970) 38 P C R 452 Leigh v Jack (1879) 5 Ex D 264 Mount Carmel Investments Ltd v Peter Thurlow Ltd [1988] WLR 1078 Markfield Investment Ltd v Evans [2001] 1 WLR 1321 Secondary Resources Ruoff, T.B., 1957, An Englishman Looks at the Torrens System Sydney, Melbourne and Brisbane Gray K Gray S.F., 2005 Elements of Land Law, 4th edition, Oxford University Press Land Registry Press Release LRP03/03 (4 February 2003) 1 Footnotes [1] Freeguard v Royal Bank of Scotland Plc (2000) 79 P CR 81 at p 86 per R Walker LJ [2] Ruoff, T.B., 1957, An Englishman Looks at the Torrens System Sydney, Melbourne and Brisbane, at p 8 [3] (1934) 51 CLR 300, See Rich and Evatt JJ at p 308 [4] Land Registry Press Release LRP03/03 (4 February 2003) [5] See for example. Creelman v Hudson Bay Insurance Co [1920] AC 194 at p 197 per Lord Buckmeister. See also Abbey National Building Society v Cann [1991] 1 AC 56 at 78C per Lord Oliver of Aylmerton [6] (1871) LR 6 Ch App 789 [7] Bull v Bull [1955] 1 QB 234 [8] Limitation Act 1980, s 15(1) [9] (1970) 38 P C R 452 [10] supra note 9 at p 471 [11] (1879) 5 Ex D 264 [12] Mount Carmel Investments Ltd v Peter Thurlow Ltd [1988] WLR 1078 [13] Markfield Investment Ltd v Evans [2001] 1 WLR 1321 [14] LRA 2002 Sch 1 para 1 [15] LRA 2002 Sch 1 para 3 [16] SI 2003/1417 [17] LRA 2002 Sch 6 para 4 [18] LRA 2002, Sch 6, para 5(2)(a) [19] LRA 200 2, Sch 6, para 5(3) [20] LRA 2002, Sch 6, para 5(4)-(5) [21] Gray K Gray S.F., 2005 Elements of Land Law, 4th edition, Oxford University Press, p 384

Ict Skills Required Within A Health And Social Care Setting

In this section of my assignment I will be introducing the ICT skills required within a health and social care setting. I will state what each of the skills are, the benefits for carrying them out and the disadvantages of them if they are not carried out properly. It is important for staff working in a health and social care setting to have adequate ICT skills. This is because more records and data are being stored online, and ICT is becoming more and more common. Having these skills means they are able to carry out a range of tasks at an easier and quicker rate. Some of the tasks include: †¢ To collect and input data †¢ To access data †¢ To find data †¢ To save data †¢ To store data †¢ To protect data †¢ To share data Collecting and inputting data means collecting information and inputting it into a system. 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Protection of Children from Sexual Offences Law and Its Effectiveness Free Essays

string(83) " and most importantly IPC laws relating to sexual offences are not gender neutral\." PROTECTION OF CHILDREN FROM SEXUAL OFFENCES: LAW AND ITS EFFECTIVENESS *INTRODUCTION Childhood is considered to be the most crucial phase of human growth and also the most memorable one. It is much more than just the space between birth and the attainment of adulthood. It is a precious time in which children should live free from fear, safe from violence and protected from abuse and exploitation. We will write a custom essay sample on Protection of Children from Sexual Offences: Law and Its Effectiveness or any similar topic only for you Order Now It’s time for children to be in school and at playground, to grow strong and confident with the love and encouragement of the family and an extended community of caring adults. But what if the childhood becomes a never ending nightmare? A childhood where child refuses to go to school out of an unusual fear? A childhood where he refuses to play outside as he is scared to be surrounded by people? Just imagine a childhood when his own house, the safest place for a child turns out to be an exploitation camp by his own inmates. The entire childhood get raped! We can’t imagine of anything more horrific. The stories of abuse and exploitation of children is all around us. We read about them in the papers, watch them in news and see hundreds of children being exploited as we go about our everyday lives. As per a study conducted by Ministry of women and child department, 53 percent of children in India have suffered some kind of sexual abuse in their childhood and the more shocking fact is that unlike the ordinary notion, 50 percent abusers are known to the child or in a position of trust or responsibility. *CHILD SEXUAL ABUSE DEFINED Child abuse may be emotional, mental, physical or sexual and encompasses a much wider gamut of actions . On the other hand Child sexual abuse is that which targets sexuality and/or sexual organs, involves sexual gestures, words, pictures, actions. It’s the most heinous manifestation of abuse of children as it traumatizes the child for the whole life in all ways, sexually, physically, psychologically and socially, leaving behind a scarred childhood and a disillusioned adulthood caused by the past memories. According WHO, child sexual abuse is the involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give consent to or that violates the laws or social taboos of society. While releasing the Report on Child abuse in India, 2007, Women and child Development minister, Renuka Chaudhary said â€Å"child abuse is shrouded in secrecy and here is a conspiracy of silence around the entire subject†. Both the government and the NGO’S working in this field find it difficult to get the accurate data. *INDIAN CONSTITUTION, INTERNATIONAL CONVENTION AND THE LEGISLATIVE LAWS: RECOGNITION OF THE CHILD RIGHTS AND THEIR PROTECTION Looking into the details of child abuse in India, our le gal framework and the relevant legislations, Indian constitution recognising the vulnerable position of children and various crimes against children that are linked to sexual abuse provides for their protection from such offences. Article 15 provides for special attention to children through necessary and special laws and policies that safeguard their interest. Article 23 provides protection against human trafficking and forced labour. Article 24 and 39 specifically prohibits children from engaging in hazardous employment and protection from exploitation respectively. Thus Indian constitution has provided for a framework which serves as a direction to the legislature to make child protection laws. India’s commitment to the issue is also emboldened by the fact that India is a signatory nation to the UN Convention on the Rights of Child, 1989. One important regional convention here is the SAARC convention on preventing and combating trafficking in women and children, 2002. Looking at the legislative laws the parliament of India recently passed Protection of children from sexual offences Act, 2012. The act has filled a glaring lacuna in the law. We will get into the details of the Act at the later stage of the essay as the law has just come into force and we are yet to see its impact. To appreciate the new act we have understand the history of child sexual abuse laws in India and their effectiveness so far. Before the above mentioned law was passed the cases of child sexual abuse were dealt under the following sections of IPC. Section 375 defines rape; section 376 provides for the punishment of rape which shall not be less than seven years but which may extend to ten years unless the women raped is his own wife and is not under twelve years of age in which case, he shall be imprisoned with a term which may extend to two years or fine or both. When the girl is less than 12 years or where the rapist is a person in authority (in a hospital, children’s home, a police station etc. ), the punishment is greater; section 377 which relates to unnatural offences. This section is generally invoked when boy children are sexually abused; section 354 which deals with outraging the modesty of a woman or a girl and section 509, which relates to insulting the modesty of a woman. The ordinary criminal laws are totally inadequate to protect the children from sexual abuse. IPC does not recognize the term â€Å"child sexual abuse†. Firstly section 375 restricts itself to just penile penetration. Secondly it does not treat forced sexual intercourse by a husband against the wife (above 15 years) as an offence. Thirdly there is no statutory definition of modesty. It carries a weak penalty and is a compoundable offence. Moreover it does not address outraging the modesty of a male child. Fourthly sexual offences against men are covered under section 377 which does not cover the offence adequately. The term unnatural offence in not defined. It only applies to victims penetrated by their attacker’s sex act, and is not designed to criminalize sexual abuse of children . Lastly and most importantly IPC laws relating to sexual offences are not gender neutral. You read "Protection of Children from Sexual Offences: Law and Its Effectiveness" in category "Law" This is due to an age long myth that only females are sexually abused and only males are abusers leaving the female abusers out. But the 2007 Report has given a severe blow to this long standing myth which revealed that out of total child victims, 52. 94 percent were boy children. Yes! It’s shocking. Male children are equally vulnerable and a boy being raped does exist! Besides IPC, there are other legislations also. Obscenity and pornography are dealt under the Young persons (harmful publications) Act, 1956. A young person means a person under the age of 20 years. It is an offence to sell, let, hire, distribute or publically exhibit harmful publications. Other than this under section 67 of the Information Technology Act, 2000 publication and transmission of pornography through the internet is an offence. The Juvenile Justice Act, 2000 deals primarily with children in conflict with the law and their rehabilitation. It does not provide adequately for children in need or identify offences against child victims * In addition to children other than those who are abused within their family by their relatives or friends or by strangers at any public place, there are three organised form of sexual abuse of children which are globally prevelant and form a major percentage of sexually abused children. And these three forms are trafficking in human, child labour and child marriage. Human Trafficking as defined in the Un is  Ã¢â‚¬Å"the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms f coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of othe rs or other forms of sexual exploitation, forced labour or service, slavery or practices similar to slavery, servitude or the removal of organs. †Quoting from an article written by Havovi wadia â€Å"Among the Naths of Bihar, prostitution is a way of life. When a family doesn’t have a daughter, girls are purchased from other parts of the state and pushed into sex work so that the family can live off their earnings. † Children who work as domestic labour, or help in hotels and restaurants, are susceptible to sexual abuse at the hands of employers and customers. The Immoral Traffic (Prevention)Act protects children below the age of 16 from being used for the purposes of commercial sex. Immoral trafficking of children who generally leads to prostitution is one of the most heinous manifestations of violence against children. The US Department of State trafficking in Person report have placed India in Tier II watch list for a second consecutive year for having failed to combat human trafficking. A number of children go missing every year – some are sold by their families, some are kidnapped, others lured by the promise of a better life both for themselves and their kin. According to CRY (Child Rights and You). * 8,945 children go missing every year. * 500,000 children are estimated to be forced into the sex trade every year * Approximately 2 million child commercial sex workers are between the ages of 5 and 15 years * Approximately 3. million child commercial sex workers are between 15 and 18 years * Children form 40% of the total population of commercial sex workers * 80% of these children are found in the five metros – Delhi, Mumbai, Kolkata, Chennai and Bangalore * 71% of them are illiterate. Child marriage gives the abuser a societal passport to sexually abuse the child. Child marriage i s practiced globally but it is especially prevalent in India where more than one third of all child brides live. According to UNICEF, 47% of girls are married by 18 years of age, and 18% are married by 15 years of age. A study conducted in  India  by International research centre for women  showed that girls married before 18 years of age are twice as likely to be beaten, slapped, or threatened by their husbands  and three times more likely to experience sexual violence. ]  Young brides often show symptoms of sexual abuse and post traumatic stress. Though the Prohibition of Child Marriage Act, 2006 makes the practice of marrying girls under the age of 18 and boys under the age  of 21 punishable but its implementation has not been very effective. We can still find minor couple tying the knot on â€Å"Akkha teej†, a summer festival believed to be auspicious for wedding. This is gross violation of law. Many in urban slum areas get their children married young to protect them from sexual abuse. Once a girl attains puberty she begins to be seen as sexually available. For some parents marriage is the only way to ensure that the girl is ‘unavailable’ to others for abuse. The 2007 Report reveals the percentage of child sexual abuse is highest in work areas, which is 61. 61 percent. The Juvenile Justice Act, 2000 Section 26 (Exploitation of Juvenile or Child Employee) provides for punishment if a person procures a juvenile for hazardous employment. The Child Labour (Prohibition and Regulation Act) was enacted in 1986, to specifically address the situation of  children in labour. However, this law distinguishes between hazardous and non-hazardous forms of labour, and identifies certain processes and occupations from which children are prohibited from working. It leaves out a large range of activities that children are engaged in and are exploited and abused. The large-scale exploitation and abuse of children employed in domestic work and hotels are cases in point. The other abuse Child trafficking is one of the most heinous manifestations of violence against children. *PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012: ITS EFFECTIVENESS AND A CRITICAL ANALYSIS Now coming to the recent legislation which has addressed the various loop holes in the existing laws to a great extent is the Protection of children from sexual offences Act, 2012 . It’s a historic law . Though India became a signatory to the UN convention on the rights of the child back in 1992 but it took India twenty long years to enact a separate law dealing with the offences against children. The Act is headway stronger than all the earlier child sexual abuse laws. The Act, on the lines of the UN convention defines a child as any person below the age of 18 years and provides protection to all the children from the offences of sexual assault, sexual harassment and pornography. These offences have been clearly defined for the first time in law. Firstly it acknowledges and engages with sexual crimes of all kinds — real/virtual; penetrative/ non- penetrative; homosexual/ heterosexual/ bestial; verbal/ physical. This is a major improvement on the earlier situation, when child sexual abuse was clubbed with sexual abuse of adults. Secondly it acknowledges that sexual violations can be of various kinds and that in the case of children, the state must take a clear punitive stand on any kind of sexual violation. Thirdly  it is gender inclusive, accepting that the perpetrators as well as the victims may be either male or female. It is otherwise commonly assumed that sexual abuse can only be initiated by a male upon a female. Fourthly it lays down stringent punishments (up to life imprisonment) for a broad range of sexual crimes such as nonpenetrative sexual assault, sexual harassment, and the use of children for pornography. Fifthly the legislation is also marked by the introduction of special procedures to prevent the re-victimisation of children at the hands of an insensitive justice delivery system. These include measures for recording a child’s evidence, for protecting his or her identity and for providing children with assistance and expertise from professionals in the fields of psychology, social work and so on. Sixthly for speedy trials the Act has provided for the establishment of special courts and the evidence of the child to be recorded within a period of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as possible. And lastly giving due attention to vulnerability and innocence of children the Act has put the onus of innocence on the accused. The present act is certainly welcoming and addresses the sexual offences against children effectively and efficiently. The bill has taken a comprehensive view and has broadened the sphere of child sexual abuse. That said there is one provision of the Act which has sparked controversy and that is the â€Å"age of consent†. Eighteen has been kept the age of consent and any sexual activity between consenting adolescents would be considered criminal. People from different sections of the society and those working in the field of child rights have shown their disagreement with the view taken. Since this Act criminalises any sexual activity with persons under the age of 18 years (even if it is consensual), is said that the police may misuse it to harass the young ouples or parents may use this law to control olden children sexual behaviour. Additional sessions judge Kamini Lau,of a Delhi court ,while acquitting a youth of the charges of kidnapping and raping a 17-and-a-half-year-old girl, to whom he got married and is now having a child with, called the said provision of the Act of increasing the age of consent from 16 to18 to be â€Å"regressive† and â€Å"draconian†. The re marks were made while referring to the conditions in western countries where there are adequate safeguards for protection against sexual offences. No doubt, there is an urgent need to protect children from sexual offences, harassment and pornography but at the same time it is necessary to ensure a close-in-age reprieve and a lenient view in case of close-in-relationship as adopted by various western countries where there is no exploitative coercive situation including impersonation, fraud, fear, threat and false promises. The need is to correct this behaviour and not punish† she said. Flavia Agnes in Indianexpress said that the age of consent for sexual intercourse has always been contested. In 1860, 10 years was the stipulated minimum age. But the furore caused by the death of an 11-year-old girl at the hands of her 35-year-old husband through forcible penetration led to the raising of the age of consent to 12 years in 1892. Later, during the nationalist movement, when women’s groups entered the political arena, they highlighted the adverse effects of early pregnancy upon women’s health, and demanded that the age of consent to marriage and sexual intercourse be raised to 14 years. Then, the age was raised to 15 years in 1949, and later to 16 years. Consensual intercourse with a girl under this age was construed as â€Å"statutory rape†. But the provision made a concession to the husband, who was permitted to have sex with his wife if she was above the age of 15. This dichotomy and confusion persists as the age of marriage under the Hindu Marriage Act and the Prohibition of child marriage act is 18 years and 21 years for a female and a male respectively. The proposed bill aims to resolve this confusion by stipulating a uniform age for marriage as well as sex, and inadvertently contributes to a puritanical notion that marriage and sex are synonymous. Ms Taparia, founder of Mumbai-based organization â€Å"Arpan† which works in the field of child sexual abuse says â€Å"We need to treat the bracket of ages 16 to 18 differently. If a child is raped, then you bring it under the judicial purview, but if it’s consensual sex between two people who are both within the age bracket 16 to 18 years, then it shouldn’t be criminalized. Puberty is coming early†¦So it’s regressive to take the age of legal sex to 18 years†. *RESPONSIBILTY OF CHILD PROTECTION Children are vulnerable sections of the society which needs care and protection for their normal growth. Children are primarily considered to be the responsibility of their family. It’s true that there is no substitute of family’s love and care and their can’t be a better place for a child to live in but what if their own house turns out to be an exploitation camp? For the formation of a protective environment at macro level and for the proper enforcement of child laws it’s the collective responsibility of the family, community, civil society and the state. India has always been on a denial mode when it comes to incest. But the truth is rather shocking! A report from RAHI, a Delhi based NGO working with child sexual abuse titled ‘Voices from the Silent Zone’, suggests that nearly three-quarters of upper and middle class Indian women are abused by a family member — often an uncle, a cousin or an elder brother. The infamous Incest Mira Road case rocked the whole country. The girl victim said in her statement that â€Å"There were times when I had given up on life completely. When a child is in trouble, he first approaches her parents for help and protection, but who would protect me from my own father who had behaved like a beast? † Who is to look after children in such a situation? Family certainly is a stakeholder but they couldn’t and are not the only protectors. Children are â€Å"national asset† to this country and it’s the collective responsibility of the family, state, NGO’S, community and the civil society to protect them. A child that grows up protected from violence and abuse is more likely to grow up physically and mentally healthy, confident and self-respecting and less likely to abuse or exploit others. By contrast, when children are left unprotected and vulnerable to exploitation and abuse their childhood their rights are fundamentally undermined. It was pointed out in The Essentials of child protection that ensuring a protective environment is the responsibility the governments, international organisation, civil societies, families and individuals. A protected environment is one in which a child is assured of living in safety and with dignity. It is one that ensures that children are in school, laws are in place to punish those who exploit children, governments are truly committed to protection, communities are aware of the risks that children faces, civil society addresses certain â€Å"taboo† issues and monitoring is in place to identify children who are at risk of exploitation. Children will never be free from exploitation until all levels of the society from the family to the international community work together. *PRESENT LEGAL SYSTEM AND THE RIGHTS OF THE CHILDREN: COMMISSIONS, POLICIES AND PROGRAMMES The UN convention on the rights of the child has provided for four basic rights to every child and these are survival, development, protection and participation. India is a signatory to this convention. To fulfil its commitment we have already mentioned the various legislations that have been enacted to protect the child rights. Other than that to facilitate the laws made, several policies have been enacted. The National policy for children was enacted in 1924. The National charter for children was adopted in 2003. This charter consists of the inherent rights of a child and that the state is duty bound to provide the same. Among other rights it includes protection from economic exploitation and all forms of abuse. Several Ministries and Departments of the Government of India are implementing various schemes and programmes for the benefit of children. Integrated child development service scheme is one such scheme that has taken various other governmental schemes under its purview. Government of India has also set up the childline India foundation, an organization to provide assistance to children. It has a toll free number on which anybody can seek help in the interest of the child. An important step has been taken by the govt with the establishment of National commission for protection of child rights under the commission of the protection of child rights Act, 2005. t is an important step because the Commission’s Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child. It also provides for the establishment of state commission for the protection of child rights. It mainly aims to decentralize the commission at district and state level so that gra ss root problems can be addressed effectively. NEEDED REFORMS IN THE LEGISLATIVE FRAMEWORK, GROUND WORK AND OUR ATTITUDE TOWARDS CHILDREN *Governmental commitment towards child protection: The Government has got a very crucial role to play in the creation of protective environment for children by the formulation of effective policies, strong legal framework and programming and allocation of adequate resources to the programme. An exercise of budgeting conducted by Ministry of Women and child Development, revealed that the share of the union budget for children in 2006-2007 was 4. 91%, of this the share of child protection was 0. 34%. According to 2001 census, children constitute 42% of India’s population which is a huge population to look after. And with number they certainly deserve more space and attention in the annual budget. At the programmatic level, the existing mechanism for child protection in India is primarily based on several small schemes implemented by different ministries and department. The need is to centralize these schemes under a single programme which specifically addresses child protection rights. Setting up laws is not enough. Implementation has always been a problem in India. The concerned ministry must ensure that laws are being followed. *Attitude and Practices: It must be ensured that we are living in a society that does not facilitate exploitation. Such as even after strict prohibition laws we still see and read about child marriage, devdasis still exist in many parts of the country, female genital mutilation for the misunderstood religious beliefs, Myths such as sexual intercourse with children cures sexually transmitted diseases (this is rampant in Africa). society must be freed from such practices to create a child friendly environment. Open discussion including civil society and child participation: There should be open discussion about sexuality and some basic sex education must be added to the curriculum in schools. Very often children do not even realize that they are being abused. The children must be taught to break the silence and this can be done only by confidence building. The National commission for the protection of child rights has pro vided for state commissions. Till now 15 states have establish the commissions in their states. This should be followed in rest of the sates also. There should be further decentralization at the district and block level. The commission has also stresses on the participation of children. Children are less vulnerable to abuse when they know their rights are not to be exploited and when they know the services available to protect them. In Brazil, the street children have found in the National movement of street boys and girls, a space for participation that has permitted them to become aware of their rights and a platform to fight for their rights. Consulting children can be of immense help to policy makers and planners. In Bangladesh, to develop a national plan of action against sexual abuse and exploitation several children such as those involved in sex work were consulted. Most of the children’s recommendation were included in the National plan of 2002 a ‘child task force’ is also established as a part of monitoring and implementation of the plan. Youth parliaments both at the national and the state level should be established and this should be extended to street children also other than school going children. If not government than this can also be organized by NGO’S. let their voices be heard. It would give them a common platform to discuss their grievances and other issues. Capacity of families and communities:  All those who interact with children—parents, teachers, religious leaders alike – should observe protective child-rearing practices and have the knowledge, skills, motivation and support to recognize and respond to exploitation and abuse. As pointed out in Report 2007 parents do not speak to children about sexuality as well as physical and emotional changes that take place during their growing years. As a result of this, all forms of sexual abuse that a child faces do not get reported to anyone. It was pointed out in the Report 2007 that the girl, whose mother has not spoken to her even about a basic issue like menstruation, is unable to tell her mother about the uncle or neighbour who has made sexual advances towards her. This silence encourages the abuser so that he is emboldened to continue the abuse and to press his advantage to subject the child to more severe forms of sexual abuse. Parents should create friendly relations with their child and tell them about their sexual organs slowly. Children should be told about â€Å"safe and unsafe touch†. Parents should have an â€Å"I believe you† approach and must not blame the children for the abuse. IT’S NOT THEIR FAULT! Schools can play an important role here. Annual workshops on child protection should be conducted in schools. Every school should also have a grievance cell where child counselling can be done. Monitoring, reporting and oversight:  There should be monitoring, transparent reporting and oversight of abuses and exploitation. As per Report 2007, only 3. 4 percent of children were found to have reported to the police. Almost 12 percent told their parents where as 72. 1 percent of children kept quiet. Parents, individuals, friends and neighbour should always report the matter to the police or should at least seek help from any concerned Ngo’s. Any silence will only encourage the abuse. CONCLUSION Children while constituting 40% of our population are â€Å"national asset†. Their development, protection and safety are not only our responsibility but is essential for the country’s growth as a whole. As we said in the beginning of the essay, it’s just not the child but entire childhood gets raped. Most of children get raped even before they get to know that there is something called â€Å"rape†, â€Å"abuse†, or â€Å"sexual assault†. In fact the whole society gets raped. There cannot be anything more heinous than sexually targeting the vulnerable children who are absolutely unaware of the perverted thoughts prevailing around them. All the malpractices associated with the children should be seriously looked upon and we need to be more sensitive towards children. Protecting children is our collective responsibility. Moreover it’s high time we replace the word â€Å"vulnerable† with â€Å"empowered†. Our policies should be based on empowering the children. It’s their right to have a happy and save childhood. Legislature should make strict and effective laws. The present Protection of children from sexual offences Act, 2012 is certainly the strongest and most effective so far. The government must see that the implementation machinery is working effectively. The various NGO’S working for the child rights should keep a check on the implementation process. This is what they can do. Reporting the matter to the police or to any concerned authority, looking after the child and breaking the wall of â€Å"silence† is our responsibility. Give the children what is theirs. All they are asking for is a happy and a safe childhood! ————————————————————————————————————– Submission by- Name: Swati Ghildiyal Course: LLB, 2nd year College : Campus law centre, Faculty of law, Delhi University. ——————————————– [ 1 ]. wcd. nic. in/childabuse. pdf [ 2 ]. ibid [ 3 ]. The Convention on the Rights of the Child, 1989 is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. It stresses on special care and protection of children worldwide. 4 ]. http://infochangeindia. org/children/analysis/the-sounds-of-silence-child-sexual-abuse-in-india. html [ 5 ]. http://www. state. gov/documents/organization/47255. pdf [ 6 ]. http://america. cry. org/site/know_us/cry_america_and_child_rights/statistics_underprivileged_chi. html [ 7 ]. http://www. theelders. org/docs/child-marriage-factsheet. pdf [ 8 ]. http://www. unicef. org/infobycountry/india_statistics. html [ 9 ]. United States Agency for International Development, 2007, †Å"New Insights on Preventing Child Marriage: A Global Analysis of Factors and Programs,† pg. 9 [ 10 ]. http://www. icrw. rg/child-marriage-facts-and-figures [ 11 ]. A lawyer and director of â€Å"Majlis†http://www. majlisbombay. org [ 12 ]. http://www. indianexpress. com/news/consent-and-controversy/948277/ [ 13 ]. http://www. arpan. org. in/ [ 14 ]. http://www. rahifoundation. org/home. html [ 15 ]. http://articles. timesofindia. indiatimes. com/2009-03-21/mumbai/28047758_1_tantrik-hasmukh-rathod-girl [ 16 ]. http://www. childlineindia. org. in/pdf/Essentials-of-child-protection-Oct%2008. pdf [ 17 ]. http://wcd. nic. in/childabuse. pdf [ 18 ]. Child and the Law, by Laxmidhar chouhan, 2008 edition, page no. 48 and 53. How to cite Protection of Children from Sexual Offences: Law and Its Effectiveness, Essays

Engineering Management Business Plan for Polyethylene Terephthalate

Question: Discuss about theEngineering Management Business Plan for Polyethylene Terephthalate. Answer: Currently, plastics have become essential item in the manufacturing industries and in homes, together with increased consumer understanding about the solid waste recycling, has led to an increase of demand for the plastic products. One of the most collected plastic materials collected for recycling is the Polyethylene terephthalate (PET). It originates from post-consumer beverage and water bottles. Due to the high demand of recycled resins and the availability of market for the plastic packaging markets, the founder of the Replay Plastics Company decided to put up a polyethylene terephthalate cleaning and refining plant. They decided to locate the plant in western United States where there are no such companies. On the other hand, Application Technologies Inc. is a company that is looking forward to produce packaging technologies that will be able to better effectiveness and simplicity in topical consumable products. It is planning to use Appli-K Pouch packaging technology. Appli-K P ouch is a usable patent-pending packaging that has built-in applicator that uniquely separates it from the previous packaging technologies. (Operations Strategy for Application Technologies Inc., 2017). Application Technologies Inc. company is mainly driven by the unique opportunities offered by their first packaging technology. The company believes that their product will solve all the problems that other pouches have not been able to tackle. However, for these two companies to be successful, they must have a business plan. Business plan is a written guide for a business that outlines its objectives and details on how it plans to achieve those objectives. It outlines the structure, the products, customers, financials, and the growth potential of the business. Therefore, this paper intends to produce a report that analyzes and evaluates Replays Plastic Company and Application technologies Inc. business plans. Three Strongest Components Some of the three strongest components of Relay Plastics company business plan include the companys Management team, market analysis, and financial plan. When referring to the Relay Plastic management team, the company has the most experience personnel in relation to recycling, manufacturing, and marketing of plastics. Because of such experienced employees, the company is better positioned to compete with others as quality and efficiency is concerned (Zhouying Ying, 2011). Additionally, the company has done an extensive market analysis. Their research has shown that there is a strong demand for recycled plastics and that major users of plastic packaging have started incorporating some recycled plastic content in their products; hence, increasing market for recycled plastics. Apart from high demand, the business has also been located in a strategic location where there are no proximity compactors. It is located in Western United States away from Northern 16 major recycling companies (Plastics Recycling, 2017). Moreover, the company has put a superior financial strategy by using important financial assumptions, break-even analysis, and the projected profit and loss accounting. Besides, it has a well-planned projected cash flow, which can help them in arranging how to pay for the companys long-term loan. On the other hand, Application Technologies Inc. company three strongest business plan components include financial projection, risk management and reduction, and management team. The company has put in place a commendable financial projection. Even though the product is new, the company focuses a self-sustaining operation with positive cash flow that should occur a year later after the initial production (Operations Strategy for Application Technologies Inc., 2017). The company has a positive projection of superior sales within a period of four years of which they also expects profit of $11.6 million and $20.8 million cash on hand. Besides, the company has also laid down strategic risk management and reduction plans through the use of risk factors such as insurance among others. They have also made sure that all of their products and ingredients have been approved by the FDA. Other than financial projection and risk management, Application Technologies Inc. also has competent manage ment team that comprises of seasoned professionals with significant experience in all elements needed for the success of Application technologies. For example, Johann Verheem who is the CEO and Vice President of New Product Development has twelve years working experience in developing such products. Three Weakest Components Some of the three weakest components on the Relay Plastics Business plan are the competitive comparison, potential conflict, and financial summary. When comparing Relay Plastics with the other plastic manufacturing and recycling companies, it is evident that it offers its product at a cheaper price (Plastics Recycling, 2017). Being that its products are cheaper, customers might be of the opinion that they are of low quality and might opt for going an extra cost to acquire quality product (Ludwig, 2001). The price should have remained the same as of its competitors being that it is located far away from the major recycling companies and that its products are of high quality due to its experienced personnel behind the production. Other than that, the potential problem that may arise is the conflict of interest. Sam McGuire being one of the executives and has been awarded tendering of acquiring equipments from Company A and yet he is a principal stakeholder in the same company. Moreover , under financial summary, it is evident that the company is seeking almost half of its financial support from a single source. What can happen to company in case it fails to meet the agreement as stipulated in their contract and decides to withdraw his support? This could lead to a major setback to the entire company. It is because the company business plan lacks exit strategy. On the other hand, the three weakest components of the business plan of the Application Technologies Inc. Company include operational strategy, target markets and competition, and investment and return. In the operational phase, the company main goal is to acquire the four licenses for its operations; however, it is not able to have its labeling department within the company. Having labeling department within the company could have helped to produce a complete product without lying on the private labeling company. The private distributor could have given the exclusive right to distribute the completed product, but not to function as one of the departments of the corporation. Other than that, the Application Technologies Inc. is also facing a direct competition R.P. Scherer Company that has sales of almost $ 700 million (Operations Strategy for Application Technologies Inc., 2017). Therefore, it could have been wise thing for company to clearly make a different labeling of its product s being their product offers extra built in application. Being that the product is new; the company should have taken the first step to educate the consumers though advertisement for it to compete with the rest of companies that offers almost same products they produce. Moreover, Ways of Improving the Business Plan The two companies could improve their business plans by not hiding their weaknesses, but instead address them. Most of the investors pick out the potential flaws in the business; therefore, there is need for openness (Card, 2017). It is better for businesses to point out the potential drawbacks and provide an explanation on how the company will overcome them. For example, Relay Plastics has not put in place any exit strategy in case the investors wants to leave the company before the end of the investment contract. On the other hand, Application Technologies Inc. also has not fully explored ways through which the consumers shall know more about their new product and new features. It is also evident that the two companies have outlined their goals but have not factored in the human resource. Defining goals should go in hand with a comprehensive employee-focused management strategy, which makes an integral part of strategic management (Card, 2017). t. It means that a company should analyze the major initiatives and translates them into reasonable and workable goals. Moreover, the two companies should have looked a better way of keeping their customers. The two business plans have not clearly mention the methods they intend to use in keeping the already acquired customers. Therefore, I would be best for them to create a system that they may use for getting and keeping customers for life. Furthermore, it is vital for any business to focus on what it can control. For example, Replay lies heavily on the low cost post-consumer PET bottles from a single company from California without considering an alternative in case there happened to be high competition for the same raw materials. High competition for the same raw materials can lead to higher price of the materials; hence, affecting the production cost (Fox, 2010). It is therefore, vital for Replay Plastics to avoid relying on a single source just for them to be on the safer side as raw materials supply is concerned. It would be essential for Application technologies to improve in their marketing strategy because of the stiff competition they are facing from various companies that produce the same products. Therefore, the company has to make a clear distinct between what they are offering from what others provide for them to succeed by performing thorough consumer education. Challenges and How to overcome them There are various challenges that businesses face. These challenges may include paying the loans, ability to keep customers, the economy, accountability, and increasing customer purchases, handling health insurance, increasing sales and business development among others. Getting customers may be easy but to maintain may prove to be difficult. It is therefore, advisable for a business to build a network that will maintain the invariable ebbs and flows of the business (Syrett Economist Newspaper, 2007). Also acquiring financial support by the larger businesses may not be hard, but hiring employees than can truly help the business to grow is a major challenge. As a result, the company should give its employees a sense of wanting to build and grow with it. It is important that the companies research what their employees want for them to make enough profit that will enable it to pay its loans. Additionally, the business should ensure that their financial projections have catered for any economic instability. The biggest challenge facing businesses to day is awful economy. it is not an easy thing to get new consumers and generate sale when the business and people are not spending. It is the reason why a company needs to make its business different and better for people to benefit from doing business with it than they cannot get from somewhere else. Besides, the businesses that turn out successful are those ones with high performing employees, however, the biggest impediment is lack of accountability (Van der Heijden, Selsky Rami?rez, 2008). Therefore, it is vital for a company to employ with objective and quantifiable goals. The goals they set for themselves define the outcome of what they are expected to achieve. Lessons Learnt The five lessons that have come out clearly from the two business plans include putting audience your first, developing a brief plan, the plan should not be overrated, looking for a strategic location, and having financial projections. Firstly, the two companies have considered their consumers and the investors who are the primary audiences. Therefore, they have written their plans putting in mind their audiences. For example, Replay Plastics have shown that the business is lucrative by providing the evidence from the companies in the Northern that are doing so well. The company has also outlined their financially summary showing the sales amount, profit, and how much an investor will earn after the first year of the business transaction. These projected incomes are meant to attract investors. Replay Plastics also has affordable products that intend to use as the basis of customers attraction. On the other hand, Application Technologies Inc. made sure that their Appli-K pouch was unique and different from the other products offered by other company. They did this to ensure that they get customers and investors. Secondly, the two business plans shows that it is important to prepare a plan that is simple and easy to analyze. It should cover the main points of the business, interesting to read, and show that a lot of consideration was taken through the opportunity (Barrow, 2009). From the two business plans, it is also evident that enough interesting plan attracts investors. Both the plans have attracted external investors because they believed in the goals and the objectives of the business as shown in the plan. The third lesson from Replay Plastics and Application Technologies Inc. is that business plan is a marketing document and should get lenders and investors exited. Although, the intension should be to excite investors and customers, one needs to be careful not to load a business plan with exceptional. It is not advisable to say that the company has the best technology, world-class management team, among others (Holbeche, 2009). Quoting such compliments without supporting facts can take away the credibility of the plan if at all anything goes wrong. This is clear from how the two businesses have described their management teams. The companies have described them as experience but not the best in the world. The fourth lesson is that businesses can sell the same product but still succeed depending on where the business is located. For example, Replay Plastics decided to locate their business in the Western United States to avoid competing with the major companies that offer the same prod uct in the Northern United States. The last lesson is that with the right financial projections that are in line with the companys objectives are in place, the company could determine their cash flow as time goes. With positive cash flow the business could manage to sustain its operations. Competencies Competencies are the integrated skills, judgment, knowledge and attributes the makes people perform their duties as required. Therefore, defining set of competencies for every role in the business will guide workers in knowing the kind behaviors required by the company to help it meet its objectives (Turner, 2001). Some of these competencies that the two companies were to demonstrate include: Sufficient expertise Recruitment and selection of new staff more successfully Evaluation performance more efficiently Identifying skills and competency cracks more successfully Providing more customized professional development and training Planning adequately for succession The extent to which such competencies should have been demonstrated was through the inclusion of the competency framework to the talent management program. Competency framework is developed by collecting and combining competency information. Having competency framework helps in outlining the specific tasks that one need to do to effectively perform their roles (How to Develop a Competency Framework, 2017). It also clearly establishes how their roles are connected to the organizational goals and success. To ensure that the framework is used as required, it is vital to make it relevant to the people who will be using it for them to feel owning it (Tenney Marquis, 2017). For any business to efficiently develop a framework, it needs to consider involving the people doing the work, communicate, and use relevant competencies. To conclude with, it is evident that business plan provides a direction, future vision, Attract financing, attract stakeholders, and manage businesses. Because of th is, it is vital for every company to have a business plan and follow it fully for it to meets its goals. Justification Definition of business plan is in last part of the first paragraph. I have changed the headings as required I have also rephrased the introduction as requested Formatting style is apa 6th edition reference Recommendation is in the second paragraph of competencies References Barrow, C. (2009). Get Backed, Get Big, Get Bought : Plan your start-up with the end in mind. Chichester, U.K.: Capstone. Card, J. (2017). Planning for success: seven ways to improve your business plan. the Guardian. Retrieved 23 August 2017, from https://www.theguardian.com/natwest-partner-zone/2016/jul/11/planning-for-success-seven-ways-to-improve-your-business-plan Fox, J. J. (2010). How to Be a Fierce Competitor : What winning companies and great managers do in tough times. San Francisco, CA: Jossey-Bass. Holbeche, L. (2009). Aligning human resources and business strategy. Amsterdam: Routledge. How to develop a Competency Framework. (2017). Rhodes Business School (Australia). Retrieved 23 August 2017, from https://www.rhodesbusinessschool.edu.au/how-to-develop-a-competency-framework/ Ludwig, T. A. (2001). You can get there from here--if you have a business plan. Nursing Management, 32(5), 58-59. Operations Strategy for Application Technologies Inc.. (2017). Businessplans.org. Retrieved 23 August 2017, from https://www.businessplans.org/Applicat/Applic05.html Plastics Recycling Business Plan Sample - Executive Summary | Bplans. (2017). Bplans.com. Retrieved 23 August 2017, from https://www.bplans.com/plastics_recycling_business_plan/executive_summary_fc.php Syrett, M., Economist Newspaper, L. (2007). The economist: successful strategy execution : How to keep your business goals on target. London: Economist Books. Tenney, D., Marquis, J. (2017). SWOT as a constructive predictor for business success of SMEs: A Case Study. Proceedings for the Northeast region decision sciences institute (NEDSI), 1014-1023. Turner, M. F. (2001). How does your company measure up?. Black Enterprise, 32(4), 52. Van der Heijden, K., Selsky, J. W., Rami?rez, R. (2008). Business planning for turbulent times : new methods for applying scenarios. London: routledge. Zhouying, J., Ying, B. (2011). Sustainable development and long-term strategic management. World Future Review (World Future Society), 3(2), 49-69.

Exploring Reverse Engineering free essay sample

Reverse engineering is taking apart an object to see how it works in order to duplicate or enhance the object. The practice, taken from older industries, is now frequently used on computer hardware and software. Software reverse engineering involves reversing a programs machine code (the string of 0s and 1s that are sent to the logic processor) back into the source code that it was written in, using program language statements. Software reverse engineering is done to retrieve the source code of a program because the source code was lost, to study how the program performs certain operations, to improve the performance of a program, to fix a bug (correct an error in the program when the source code is not available), to identify malicious content in a program such as a virus or to adapt a program written for use with one microprocessor for use with another. Reverse engineering for the purpose of copying or duplicating programs may constitute a copyright violation. We will write a custom essay sample on Exploring Reverse Engineering or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In some cases, the licensed use of software specifically prohibits reverse engineering. Someone doing reverse engineering on software may use several tools to disassemble a program. One tool is a hexadecimal dumper, which prints or displays the binary numbers of a program in hexadecimal format (which is easier to read than a binary format). By knowing the bit patterns that represent the processor instructions as well as the instruction lengths, the reverse engineer can identify certain portions of a program to see how they work. Another common tool is the disassembler. The disassembler reads the binary code and then displays each executable instruction in text form. A disassembler cannot tell the difference between an executable instruction and the data used by the program so a debugger is used, which allows the disassembler to avoid disassembling the data portions of a program. These tools might be used by a cracker to modify code and gain entry to a computer system or cause other harm. Hardware reverse engineering involves taking apart a device to see how it works. For example, if a processor manufacturer wants to see how a competitors processor works, they can purchase a competitors processor, disassemble it, and then make a processor similar to it. However, this process is illegal in many countries. In general, hardware reverse engineering requires a great deal of expertise and is quite expensive. Another type of reverse engineering involves producing 3-D images of manufactured parts when a blueprint is not available in order to remanufacture the part. To reverse engineer a part, the part is measured by a coordinate measuring machine (CMM). As it is measured, a 3-D wire frame image is generated and displayed on a monitor. After the measuring is complete, the wire frame image is dimensioned. Any part can be reverse engineered using these methods.

Free Essays on Abuse Of Alcohol And Drugs

Abuse of Alcohol and Drugs These days many students consume alcohol and drugs. However, all of them have their own problems which they want to â€Å"escape† from. Family problems, social problems, the bad clique, physical and mental abuses are small part of what the students that take drugs are associated with. On the other hand, maybe, it is only to show off, who knows! Students who consume illegal substances have poor academic performance and are much likely to cut out of school. They cannot concentrate and think clearly, but when they do, they are under the influence of some drug. The drugs often become a habit, and even when you don’t need it to escape reality, you take it and it becomes a part of you; the bad part of you. Some students say that â€Å"it is extremely important to seek new experience†. Psychedelic drugs make evident what already exists within the human mind. According to a new report from Harvard School of Pub Health researchers, the prevalence of recent Marijuana use among U.S students rose from 12.9% to25.7% between 1993 and 1999. Illegal drugs are easy to find because almost everyone knows somebody who is consuming drugs. Millions of students go to school where tobacco, drugs and alcohol are already available and parents, teachers, administrators and communities do very little to discourage use of these substances, according to the results of a six-year study. â€Å"American schools are decidedly not alcohol and drug-free,† said Joseph A. Califano, Jr., chairman and president of Columbia University’s National Center on Addiction and Substances Abuse, which conducted the massive study of middle and high school students . The effects from alcohol include: loss of muscle control, impaired reflexes, vomiting, and unconsciousness. Because alcohol goes directly into the bloodstream, overuse of alcohol can affect almost every system in the body. Long term use can cause cancer, brain damage, cirrhosis o... Free Essays on Abuse Of Alcohol And Drugs Free Essays on Abuse Of Alcohol And Drugs Abuse of Alcohol and Drugs These days many students consume alcohol and drugs. However, all of them have their own problems which they want to â€Å"escape† from. Family problems, social problems, the bad clique, physical and mental abuses are small part of what the students that take drugs are associated with. On the other hand, maybe, it is only to show off, who knows! Students who consume illegal substances have poor academic performance and are much likely to cut out of school. They cannot concentrate and think clearly, but when they do, they are under the influence of some drug. The drugs often become a habit, and even when you don’t need it to escape reality, you take it and it becomes a part of you; the bad part of you. Some students say that â€Å"it is extremely important to seek new experience†. Psychedelic drugs make evident what already exists within the human mind. According to a new report from Harvard School of Pub Health researchers, the prevalence of recent Marijuana use among U.S students rose from 12.9% to25.7% between 1993 and 1999. Illegal drugs are easy to find because almost everyone knows somebody who is consuming drugs. Millions of students go to school where tobacco, drugs and alcohol are already available and parents, teachers, administrators and communities do very little to discourage use of these substances, according to the results of a six-year study. â€Å"American schools are decidedly not alcohol and drug-free,† said Joseph A. Califano, Jr., chairman and president of Columbia University’s National Center on Addiction and Substances Abuse, which conducted the massive study of middle and high school students . The effects from alcohol include: loss of muscle control, impaired reflexes, vomiting, and unconsciousness. Because alcohol goes directly into the bloodstream, overuse of alcohol can affect almost every system in the body. Long term use can cause cancer, brain damage, cirrhosis o...

Race discrimination Research Paper Example | Topics and Well Written Essays - 4250 words

Race discrimination - Research Paper Example It becomes evident that while the oppressor enjoys considerable social, psychological, economic, and political advantages through discrimination, the victims pay a huge physical and psychological fee. In the modern world where geographical boundaries are disappearing every moment, the issue gains more public attention because it is not possible for cultures to remain totally isolated. Workplaces of present day are multicultural as organizations move out of their home counties. That means communication and cooperation of people from various places and cultures. Thus, the element of racial discrimination gains the attention of scholars. Defining racial discrimination Article 1 of The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) defines racial discrimination as â€Å"any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life† (ICERD, 1966, Article 1). ... Direct racial discrimination One can say there is direct racial discrimination when one is able to show that one receives less favorable treatment than others based on racial identity. An example of such direct discrimination is visible in BBC v. Souster (2001) IRLR 150. Mr. Souster was a Rugby Special presenter of BBC Scotland. He raised the allegation that the company fired him because he was not Scottish. However, the response of BBC was that the issue of racial discrimination would not arise as both English and Scottish people possess British passport. In the dispute, the decision of the Scottish Court of Session was that just a common passport would not mean lack of racial discrimination. The court opined that there was separate national origin and hence there was a case of racial discrimination prima facie. Thus, one gains the broad understanding that discrimination is not always based on reality; but based on the perception of the discriminator. Indirect racial discrimination A look into the explanation given by Equality and Human Rights Commission proves that there are two categories of indirect racial discrimination. The first category is based on color or nationality, and the second is based on race, ethnic or national origin. Indirect racial discrimination often appears in apparently non-discriminatory requirements and conditions. To illustrate, a company may put forward such a condition for employment or promotion which only a particular racial group meets or which evidently denies chances for a particular racial group. A perfect example of this kind of discrimination is seen in Aina v. Employment Service (2002) DCLD 103D. In this case,

Global warming Essay Example | Topics and Well Written Essays - 1000 words - 7

Global warming - Essay Example Secondly, there is a worldwide ice melting more so at the earth poles. Thirdly, many butterflies as well as alpine plants are now quickly moving to the north where it is cooler. Fourthly, is the increase of precipitation across to globe. Fifthly, is the decline of the Adelie penguins on Antarctica where for instance their numbers have dropped significantly from 32000 breeding pairs to 11000 within the last thirty years. However, the most significant consequences are firstly, the booming of spruce bark beetles, which have chewed up to four million acres of spruce trees in Alaska. Firstly, the Ecosystem will change in that some species will end up moving to the north in order to survive. On the other hand, those species that would not be successful in moving to the north could become extinct because of the unfavorable living environments. Secondly, sea levels would rise between seven, twenty-three inches towards the end of the century, and if the trend continues at the poles, it could add four and eight inches. Thirdly, species that depend on one another could become discordant. For instance, plants could bloom a bit earlier that their pollinating insects’ active season. Conversely, the most significant consequences would be first, the increase of the hurricanes and other storms that would in turn become stronger. Secondly, there could be a spread of dangerous diseases such malaria that is carried by mosquitoes. Thirdly, there would be less fresh water available.

Ancient Japan Reform Essay Example | Topics and Well Written Essays - 1000 words

Ancient Japan Reform - Essay Example However, the reforms had a far more reaching effect apart from strengthening the imperial family. They also created a good system. Although some people argue that these changes were ineffective, I think they rather led to the creation of a more efficient and refined system. As such, I will support this argument/stand from facts drawn from class reading and other sources. Ritsuryo is basically a historical system in japan founded on Chinese legalism and Confucianism philosophies (de Bary 22). RitsuryÃ… -sei is a term often used to refer to the system (political) in accordance to the Ritsuryo. Another significant term often used in this period or analysis is the kyaku, whuch refers to the Ritsuryo amendments whereas enactments were termed as shiki. Most of Japan’s reforms commenced during thhe Asuka period and extended into the nara period. The capital of japan was moved to Asuka in this period (538-710). Asuka was located on plains and it bordered nara. This period is mostly known and remembered for its vital social, political and artistic transformations. These transformations had their roots in the kofun era. The Yamato nation changed considerably during this era, adopting social and political systems from china. Their primary goal was to make the imperial family stronger and legitimate. Shotoku Taishi in 603 implemented a Confucian organization made up of 12 court ranks. Subsequently, he established the seventeen article constitution in 604, which explicitly highlighted the rights and duties of government ministers, people and the ruler. Taika reform preceded these transformations. The Taika reform took place between 645 to 649 and led to the creation of the Ritsuryo. The Ritsuryo was an organization and system comprised of fiscal, administrative and social institutions in japan commencing from the 7th to 10th century. During the Asuka era, Daoism and Buddhism were introduced into japan. Consequently, these religions eventually were syncretized with the

Standards To Become A Lecturer Education Essay

Standards To Become A Lecturer Education Essay The assignment will consist of a reflective evaluation of your efforts and the outcomes achieved during the module supported by specific evidence of your graduate job search and career planning activities. The major part of the assignment will focus on Identifying professional standards relevant to your identified career pathway, standards and competences and comparison of skills with the required skills. The assignment will be focusing on career objective and planning for a better and secure future and will help to groom the skills to increase the chances for success in graduate recruitment process. The assignment will also cover some aspects of job portals and career planning for next 3 years. Introduction The day we born our beloved people attach some dreams with us and sometimes those dreams becomes the purpose of our living. Sometimes we create our own missions and vision. The only purpose all this serve at the end is success. Success meaning differs from people to people and nature to nature of the people. Humans work hard today to get a better and secure future. Even no matter how much they struggle, plan still they know the future is uncertain but at least they can try to make their own ways. All humans struggle to have a charming future and success in life (Arthur et al., 1995). According to Kotzà ©. K., Roodt, G., (2005) they work hard, make plans, career developments, all this is to avoid fear, fear of insecurity for the future with better career and profession. Our career and chosen profession depends on our nature. And the day we were born our nature started developing. Since the child sent to school, their race towards better career and towards destiny started. The parent s work hard to for their children to give them all facilities, better education, luxury. The only purpose for all this is to develop a good nature of the child. Parents want a return from child for all the hard work they do for them in term of good grades and positions. According to Arthur et al., (1995) the race continuous and the children become mature enough to decide and chose their own pathways. The basic concept behind studying is to secure future and get into a good profession to earn high and to live a luxury life. The image of education is a ladder towards better career and profession. Everyone has their own goals and preferences but the destiny is same success and better career. While the child studying they have given choice to choose a path towards their career in which they want to involve in future. The children have to plan out their academic pathways according to interest as it is going to the first stair towards their career. According to Lane, and Rajan, (2005) Career is stairs toward success or direction towards our destiny. The children have to test themselves by strengths and weakness they have to select a subject and field to continue their studies. Thats the crucial decision which a child has to take, when they dont have enoug h experience, enough knowledge to choose and differentiate between right and wrong. Some children take their decisions by influence from family, friends, and some took help of the career consultant to decide for them. Chosen profession: The profession I want to choose is teaching and I want to become a lecturer at Oxford University in my relevant field which is brand equity. According to Corrie, S., (2003) Teaching is the most respectful and noble profession. Responsibility of the lecturer is to grow and builds a strong personality of the student and to guide them in better ways. Education is the best way to help the nation to groom their abilities and to successful in future. Teaching should not count as a profession; it is more towards a responsibility to help the people in shaping their career and professional development. Due to inflation, there is a downfall for every industry except the education industry. Every organization is planning to cost-effective but still there are better opportunities for lecturers in the current economic disaster situation (EXETER, 2013). I want to get enough knowledge before starting the lectureship, so I can easily deliver it to my students without any hesitation and fear for lack of knowledge. I have chosen by pathway which is a bit long but it will help me to meet my destiny and have a successful future in it. Soon I am going to enroll in graduate assessment program, after passing it I will find a job in a multinational company to gain professional experience in Branding strategies and increasing the brand equity. I should have enough knowledge of the market and ability in the relevant field before I am going to start lectureship and deliver my knowledge to students (TheEducators, 2012). After getting almost 3-4 years professional experience I will apply for post-graduate program in Oxford University as it is the top university in the world. And my plan is to continue my lectureship in the same university so it will improve my chances to get lectureship if I get admission in the same university. Because during the PhD program, universities do offer to teach or be part of their research team to get some experience and earn at the same time. This will be good for my career and will increases chances to meet my dreams. I want to an expert of my field, and not to just have books knowledge. A professional should know all aspects either good or bad about the relevant field (EXETER, 2013). Oxford University is one of the leading educational institutions around the world. It is known for quality of education and the professional they have produced. Oxford University do offer faculty offers to their best students, and a promising career in research department (TheEducators, 2 012). The reason for choosing the same University for my studies which I have dreamed to work in is to learn their culture as a student and then while being the faculty member help the students which my teachers lacked. The main reason for doing PhD as it makes you stand out from the crowd, as in the world there are just a minor number of people who have plans to do PhD and have done PhD (SIMMONS, 2013). Standards to become a Lecturer According to Jobs.ac.uk, (2013) the basic need to become a lecturer is completely changes now. In earlier ages, the people do not required a post qualification degree but now it is necessary to complete PhD for lectureship. The qualification needs for lecture is to have a good masters degree with good GPA and a PhD in the relevant field. The lecturer will be requiring having some research or teaching experience. Hopefully while doing PhD program, I will be planning for career and working out on ways to maximize the chances of getting a job. The PhD will be the main basis of research experience. PhD took 3-4 years at least to complete and once it completed, it will go a long way to the career ladder. The lecturer should have professional experience which reflects their market knowledge and increase chances to get a lectureship. The lecturer should have enough knowledge which he/she going to deliver to students. And to have enough knowledge, the lecturer should master of their field. Students can ask any question which will come in their mind, and the lecturer is responsible to answer their queries on the spot (EXETER, 2013). According to SIMMONS (2013) Confidence is the most important thing which a lecturer should have. They are going to give presentations to students, answering for their questions and it can incase only if the lecturer is the master of the relevant field. The fear for lack of knowledge can destroy the career as the lecturer will not able to answer the students questions and while assessment of the lecturer, the students will give negative opinions which will not good for lecturer career. Lecturer should positive thinker. Teaching is not only a profession, it more a responsibility which help the student to groom their personality and build a positive character. If the lecturer is not a posi tive thinker then it will create negative impact on the nature of the student. Students are highly influenced by the teacher as they consider them as their mentor. According to (EXETER, 2013) the lecturer should posses the communication skills as their nature of the job is to communicate with students all the time. In class they will be delivering lecturer which is also a part of communication and out of the class; they will be giving counseling to students for betterment. Communication skills are very important in academic or non academic work. The first impression of the personality depends on the way of communication and choice of words. Effective communication not only helps in professional life, but also in personal life to make in a place in the hearts of people. Personal evaluation: The evaluation will be base on my career goal which I have chosen to make a career and way to live a life. The career I have chosen is to become a lecturer in Oxford University. The lectureship requires a person who is well qualified and the master of their field with some relevant experience (TheEducators, 2012). According to Jobs.ac.uk, (2013) the hiring institutions also assess personality of the person and their behaviors. As, far as the qualification and experience is concern, I am in a growing stage to groom my career and shine like a star. I am now enrolled in graduate program in the field of marketing with the majors of brand equity and strategies. After doing my graduation, I am going to enroll in many multinational firms for graduate recruitment process. Hopefully, after I get selected I will start working to gain some professional and market experience as it is the need to enroll in PhD Program. I want to work with Multinational Corporations to groom myself and shape mysel f as per need of market. After gaining 3-4 years experience I will apply for PhD program in Oxford University. The basic need for PhD is to have a good GPA in graduate program and as a good student I have 3.75 CGPA. I want to study in Oxford University on a scholarship and my academic qualification meets the need of it. According to Unimelb, (2013) as, far as the personality and character building is concern. I am a confident, hard-working student who has achieved scholarships several times. Getting a scholarship proves my likeness towards studies and knowledge of my relevant field in which I want to make a career. I am a brilliant and favorite student of my teachers with a positive behavior. My teachers also impress from my communication skills and they recommend me to a lecturer like them in future. As, my teacher are my mentor, I also want to mentor for my students and groom their personality with positive behavior and attitude. I have to analyze the SMART factors or build these factors in me for success in future. I am focus towards my specific career and can access easily as I have a simple personality. My hard work and determination makes things achievable for me and I understand the value of time as it is more important than money. I have a positive realistic approach through which I perceive d things and take decisions (EXETER, 2013). Graduate Recruitment Process According to Unimelb, (2013) the companies come to hire on campus recruitment or hires directly from their offices have the same criteria of choice. The choice criteria are to SMART with good qualification record. I have a good qualification record and a good and positive personality. The recruitment process will start after 6 months. I have decided to check all my courses which I have studied during my program. And I also have to focus on my SMART skills to impress the recruitment team during the interview through my behavior. The SMART skills include being specific, measurable, achievable, realistic, time-based (EXETER, 2013). The action plan will base on two stages first professional development objective and second professional development planning (EXETER, 2013). The Duration decided for each stage is 3 months as the total time remaining in graduate recruitment is 6 months. First stage: à ¢Ã¢â€š ¬Ã‚ ¢ The most important thing is to go to consultant and get advice on career building and planning. à ¢Ã¢â€š ¬Ã‚ ¢ Professional skills à ¢Ã¢â€š ¬Ã‚ ¢ Review all my course work I have done Second stage: à ¢Ã¢â€š ¬Ã‚ ¢ Skills audit à ¢Ã¢â€š ¬Ã‚ ¢ Personal development plan à ¢Ã¢â€š ¬Ã‚ ¢ Monitoring and evaluation In first stage, the goal of the life will develop on the basis of interest, skills and advises from family, friends, and consultant. It is the most important part of the action plan, and it should be base by SMART goal (EXETER, 2013). According to Unimelb, (2013) I should clear about what I want to in my future? Do I have the skills to that? In this part of the career development, I will take advises from consultant and try to develop and include professional skills like, leadership qualities, multi-tasking, occupational standards, and ability to compete. As, the recruitment team can ask academic questions I have to check all my course work during my program to revise and answer their questions with confidence. According to EXETER (2013) in second phase, the planning should make which focusing on how to meet my career goal. In this stage first I will analyze do I posses the skill I need for my selective career or I need to focus on improving those skills by doing SWOT analysis of myself. The SWOT will help me to find my strength and weakness with opportunities and threats. It will help me to convert my weakness into strength and opportunities into strength and remove threats to fill gap between me and the career I have chosen. The second part of this phase will focus on planning to improve skills by utilizing the resources I have. In this part I will plan what to learn and how to learn within the given framework of time. While improving my personality traits I will keep evaluating myself so I can compare difference from the hard work I have done. Professional identity: In today`s world, when the technology is so advanced and companies hire and advertise on internet for vacant positions. According to Jobs.ac.uk, (2013) I have to make profiles on different job portals to search and apply for vacancies which match my skills and qualification background. The profile will consist of my personal and academic qualification with experience if have any. The profile also includes the professional courses and skills which a person possesses so organizations can look into their profiles and test them during the graduate recruitment process. The job portals are as effective as they play the role of an agent between the person who is looking for a job and the company recruiting employees. The job portals give a platform to keep yourself updated about the vacant positions in your interested field. I will create profile on several job portals to increase the span of search for jobs and apply for them. It will increase my chances to get good job in a limited time. According to the LinkedIn, (2013) LinkedIn is a professional site which helps the people to get connected with professional people and get updates from them. Through LinkedIn a person can follow companies to get updates about the new opening and apply on suitable positions. My profile on LinkedIn will contain personal, professional, academic, and skill information which I have. The personal information has my name, address and contact number will mention so the firms can contact me through it. Professional information consists of professional experience and the internship but as I am going to a fresh graduate I have no experience. My academic qualification will be available for employers to look into as my highest level of education is a graduate with majors in brand equity. My academic qualification will contain my college record, years, my results and the courses I have studied. The profile also has information about the professional certificate courses I have done to improve my kn owledge and skills. According to Jobs.ac.uk, (2013) There are so many job portals that have the same process in which the job searcher needs to register them by making a profile which protected through password. As, the profile contain personal and professional information. The more number of job portals I will register myself, the higher the span of search which increases my chances to get a suitable job. These job portals just play the role of communication tool between the job searcher and hiring firm. These portals do not guarantee any employment thats only depends on the skills and qualification of the person applied for the job. Career development plan for 3 years According to SIMMONS (2013) the personal development plan will be focusing mainly on the graduate recruitment process. In development plan, the recruitment job will be the first ladder because my plan is to get an experience of over 4 years than apply for the PhD programs. Current plans will be including gaining as much as experience and learning to grow my skill and knowledge. Career development plan consist on finding a job in the relevant field and then keep evaluating myself to check the learning and the outcomes of hard work and determination. I will try to work in different job roles in my relevant field to get huge knowledge of professional workings. My focus will be on planning to improve skills by utilizing the resources I have. In this phase I will plan what to learn and how to learn within the given framework of time. While improving my personality traits I will keep evaluating myself so I can compare difference from the hard work I have done. Because my long term career objective is to become a lecturer and I need to gain some experience before applying for PhD. At the end of third working year I will apply for the PhD program in Oxford University because it is also a time consuming process and it will take a year to complete the requirement and completion of documents. From savings of the salary I will earn, will keep investing in different portfolio and to maximize my saving in order to have a contingency plan for the next 3 years.