Post Traumatic Stress Disorder and Veterans Essay -- Post-traumatic st

Military help members who atomic number 18 and have been deployed to the middle east show high levels of randy distress and post traumatic stress disorder (PTSD). Both active duty and reserve component soldiers who have experienced invade have been loose to high levels of traumatic stress. As a consequence, many have gone on to develop a wide range of mental health problems such as PTSD. According to researchers, PTSD is a long-term reaction to war-zone exposure that can last up to a few minutes, hours, several weeks, and for some a lifetime. Common symptoms include emotional numbing, anxiety, feelings of guilt, and depression. If the disorder turns chronic veterans may experience functional impairment (Friedman, M. J. et al., 1994, p. 265). PTSD is on of the most prevalent mental health disorders from veterans returning from Iraq and Afghanistan. In general, the younger veterans are the more likely they are to develop PTSD when deployed. Deployment related issues from veteran s may have a devastating uphold on their relationships back home. Numerous research studies have linked PTSD to family relationship problems (Goff, Crow, Reisberg, & Hamilton, 2006). PTSD is likely to be the contributor to relationship problems that are not related to deployments. Spouses or partners of veterans who are diagnosed with PTSD are at greater take a chance of hostility and aggression in their relationship than spouses whose veterans are not diagnosed. To combat this direction and effective coping skills have been shown to improve adjustment, stress management, and problem solving within a relationship. Family focused approaches bring down the psychological risk of developing PTSD and exploit constructive outcomes. Fundamental education is a method that... ... of the military have been related to stress. Both veterans and their spouses, on average, valued Army service in general more than they valued the current mission in Iraq and Afghanistan (Allen, E. S. et al., 201 1, p. 244). Those that feel less enthusiastic about the militarys mission are more likely to experience greater stress. Male can be decreased if they obtain more rank, are financially stable, and are able to equilibrium work and home related issued more efficiently. By comparison, spouses stress can be predicted by negative communication outcomes with their love one. In closing, I refer psychologist researchers to review sampling methods being conducted on veterans because, in my opinion, there are a significant amount soldiers with PTSD are not known. I in any case suggest that research not be limited to Caucasians but other groups to include minorities.

Bloody Thursday and Paint on the Sidewalk :: American History Depression Essays

Bloody Thursday and Paint on the Sidewalk On the edge of conglutination Beach, across the street from where the myriad of little shops in the wharf which sell Alcatraz t-shirts and miniature Cable Cars begin, two human outlines made of white paint gift the ground in front of a union hall. These are passed by hundreds of tourists daily, as well as many residents, yet few stop to consider the curious shapes or the crude text painted in red SHOT BY POLICE JULY 5, 1934. Though this spot does not mark where the original incident occurred, for the men died in front of the original Longshoremens Hall on the corner of Mission and Steuart streets, when the new hall opened here on the edge of North Beach these outlines were placed to remember the event. That event, Bloody Thursday, became the climax of the waterfront strike in 1934 and a turning point for Employer and Union relations in San Franciscoand the rest of the nation. ILA DEMANDS By the end of 1933, the effects of the Great De pression began to shift public opinion toward the rights of workers, and enlivened the efforts of unions working for collective action to ensure those rights. As a report before Congress in 1942 explained, Legislation such as the National Industrial Recovery Act emboldened these unions to explore the potentialities of a protected right to bargain collectively and, in the context of this potential, the all but defunct International Longshoremens Association renewed their activity and met with straightaway success. On the West coast, the ILA gained scores of new members and even extended membership to include checkers, seniors, weighers, lumber handlers, grainmen, and warehousemen employed on the waterfront.1 In December, the San Francisco local voted on a resolution to participate in a coast-wide strike to demand a six day, thirty hour work week with minimum pay of $1 per hour. Acting on the instigation of the local, a convention of members from all West Coast ports me t in San Francisco in February 1934, deciding to strike unless the wage-and-hour demands were accepted. The Waterfront Employers Union, an association of ship owners which controlled nearly of the dock labor, refused to even meet with the ILA until they filed a complaint with the National Recovery Administrations Regional Labor Board.

Communication Self-Analysis :: Communication

1. I just started operative at a clothing store, and it was a great focus for me to engage in new conversations and identify the elements that go into interpersonal communication. An essential to this conversation was that she was willing to take her time to get to know me and teach me how to do things, and I was able to listen. The following contexts existed in my conversation with a fellow girl coworker. The physical dimension was that we were at our workplace where it is dimly lit, there wasnt a lot of people around, and we were surrounded by clothing. The temporal dimension was that it was nighttime when we were working so we were both tired, and I was a new employee whereas she had been working here for a long time and had more experience then I did. That also goes along with the social-psychological dimension in that we had a new relationship, she was in a higher rank then I was in our work, and the situation was friendly and easy going since we were just beginning to know ea ch other. The heathen dimension came into play in that she is originally from Texas and I am from Utah. When she talked she had a slight southern accent and would use slang terminology like yall, words that I usually dont use. Noise had a big impact on the conversation as well. There was much physical psychological disorder around us from the loud music playing in the store, the sound of people walking the mall, the music playing in the mall, and other conversations going on around us. There wasnt any obvious physiological hurly burly, but there was psychological noise going on with myself as I wasnt so focused on what she was saying and more worried closely if I was doing my job right and in making a good send-off impression. Also, it was my first time meeting this person so I tried hard not to make any preconceived ideas about the girl. Semantic noise was the southern accent the girl had. When speaking to this girl I did realized how context and noise can influence the way a conversation goes. 2. adept of my roommates just got a new boyfriend, and from the moment I met him my perception process told me that I wouldnt like this guy. The first thing I noticed about him was that he reeked of smoke and alcohol.

The Illiteracy Problem in America :: Teaching Education Essays

The Illiteracy Problem in AmericaIt continues to be a big hassle with the ranks swelling each year. Although safety nets are everywhere, illiteracy is still abundant. According to the National Assessment of Educational Progress, in 1998, ten million children between sevensome and eleven years of age performed below the most basic level of training achievement.Illiteracy is not limited to children, teenagers, adults, a particular socio-economic level, or a particular race. When George, now 68, was a child he moved frequently because his father ran a small circus. He never stayed in one turn up long enough to learn how to read. Finally, he quit school, never to return. Now after retirement, he has decided to learn how to read. He arrived at the library reading room to find the door was locked. The sign indicated that a key was available at the information desk, nevertheless George did not know what the sign said. So he sat down and waited several hours for someone to open the door . Meh Chin from China, the mother of a third grader, is interested in communicating better with her children, who have already become fluent in English at an early age. Literacy programs should be an integral component of every community. Not only do these programs serve adults and foreigners, but they also serve those that live with the problems of poverty throughout their daily lives. In 2000-2001, 15.7% of students missed 21 or more days during the school year. Students who miss many a(prenominal) days of school because of illnesses beyond their control often fall behind in their studies. Many literacy programs help these students excel in what otherwise would have been a deficiency in their learning.Opportunities abound to stamp out illiteracy at the federal, state, and local level. Are these enough? For those in need, maybe not. Most everyones necessitate are unique. National Family Literacy broadcast helps those families nationwide with literacy problems. In our own state of Florida, Governor Jeb Bush has set up the Governors Mentoring Initiative Program which has helped over 9,000 adults and children improve their reading programs.

Where does the order Lie :: essays research papers

Where does the Order Lie?The cordial and political orders of William Shakespeares Measure for Measure and Merchant of Venice vary, but still deliver firm criticisms of the role of goernment within society. The finiss of both of these plays return to their original order and the characters are resolved in their own ways. Measure for Measure gives the around demanding criticism of the role of political order bug out of most of Shakespeares plays. Through the actions of the Duke and Angelo, Shakespeare reveals the two distinct sides to patriarchal political order, punishment and forgiveness. Merchant of Venice shows the social order by the conflict that occurs between Shylock and Antonio. Through their conflict and eventual resolve, Shakespeare once again reveals his own personal criticisms of the justice system and a skewed image of the middle-class social order. Both of these plays set different orders within society and also exhibit changes within them as the play progresses. The transubstantiation and the eventual restoration of political and social order in these two Shakespeare plays provide certain similar criticisms about the role that order plays within the termination of society. The political order in Measure for Measure is a strong, yet unstable patriarchy led by the Duke. The Duke orders Antonio to take his place and carry out Viennas strict statutes and most biting laws (1.1.19). These strict statutes and laws were obviously not carried out in the time of the Dukes patriarchal reign over the city of Vienna. The Dukes city is falling apart and is filled with sin and lechery. He gives his powers to Angelo, and according to the Duke, Lent him our terror, dressed him with our love, (1.1.20), signifying that there is only two ways to restore order, through passive forgiveness, or harsh punishment. These two very important aspects of the play are the essence of a patriarchal society in which Shakespeare criticizes throughout the play. Angelo repr esents the patriarchal order, and when he needed to he passed his power down to his deputy, which signifies a change in the political order in the play. By the conclusion of the play, the patriarch returns and everything returns back to the way it was at the beginning. The original order in the beginning of Merchant of Venice lies within the conflict of the two characters, Shylock and Antonio. These two represent the social order that Shakespeare is criticizing throughout the play.

Where does the order Lie :: essays research papers

Where does the Order Lie?The social and political orders of William Shakespeares measure for Measure and merchandiser of Venice vary, but restrained exhibit firm criticisms of the role of government at heart night club. The conclusions of both of these tinkers return to their original order and the characters are resolved in their own ways. Measure for Measure gives the most demanding criticism of the role of political order out of most of Shakespeares plays. Through the actions of the Duke and Angelo, Shakespeare reveals the deuce distinct sides to patriarchal political order, punishment and forgiveness. Merchant of Venice shows the social order by the conflict that occurs between Shylock and Antonio. Through their conflict and eventual resolve, Shakespeare once again reveals his own personal criticisms of the justice ashes and a skewed image of the middle-class social order. Both of these plays represent different orders within society and also exhibit changes within them as the play progresses. The transformation and the eventual restoration of political and social order in these twain Shakespeare plays provide certain similar criticisms about the role that order plays within the confines of society. The political order in Measure for Measure is a strong, yet unstable patriarchy led by the Duke. The Duke orders Antonio to take his place and play out Viennas strict statutes and most biting laws (1.1.19). These strict statutes and laws were obviously not carried out in the time of the Dukes patriarchal predominate over the city of Vienna. The Dukes city is falling apart and is filled with sin and lechery. He gives his powers to Angelo, and according to the Duke, Lent him our terror, dressed him with our love, (1.1.20), signifying that there is only two ways to restore order, through passive forgiveness, or harsh punishment. These two very important aspects of the play are the essence of a patriarchal society in which Shakespeare criticizes throughout the play. Angelo represents the patriarchal order, and when he needed to he passed his power down to his deputy, which signifies a change in the political order in the play. By the conclusion of the play, the patriarch returns and everything returns back to the way it was at the beginning. The original order in the beginning of Merchant of Venice lies within the conflict of the two characters, Shylock and Antonio. These two represent the social order that Shakespeare is criticizing throughout the play.

Company Secretarial Practice

Corporate Secretarial Pr strikeice Sample paper Suggested answers of the essence(predicate) nonice When reading these answers, please note that they be not intended to be viewed as a definitive model? answer, as in mevery anformer(a)(prenominal) instances there are several possible answers/approaches to a question. These answers indicate a range of charm content that could perk up been deliverd in answer to the questions. They whitethorn be a different length or format to the answers expected from candi periods in the examination. Case study Try more than than plc You provoke just joined Trymore plc (Trymore? , a c entirelyer-up listed on the London Stock Exchange, as order depository. This is the first prison term that a party secretary has been appointed as a separate role in Trymore, as the position had previously always been held by the finance handler. Trymore manufactures and sells luxury jewellery and the business has suffered as a result of an economic d cau seturn. some(prenominal)(prenominal) issues redeem arisen with certain s interpretholders of the federation, including unions, shareholders, canvassors and the media. The posting of film handlers is very mad ab reveal these problems and has convened a special bestride skirmish to discuss what to do.The chairman believes that some of the issues provide require stimulant drug from the comp both secretary, as a senior member of the political party? s management team. You hold a series of meetings with your senior colleagues to find taboo more round the problems. The matters set reveal on a lower floor are discussed with you. Firstly, you hold a meeting with Ms People, the handler of human resources. Ms People provides you with an update on a number of matters, including staffing numbers, future wage proposals and parityships between staff, management and the Employees?Union (the Union? ). She alike tells you that the Union is concerned about some of the decisions and actions fixn belatedly by the directors and the effectiveness of the display board popularly. In particular, the Union ? ? Has accused several directors of planning to help themselves to the teleph nonpareilr? s assets, rather than investing the fraternity? s funds into protecting jobs. Is not convinced that m some(prenominal) of the decisions taken by the directors recently exact welfareed the ships gild, peculiarly in the short-term.Ms People tells you that the association is keen to economise ethical relations with the Union, so it go forth be important to fully reference book these issues in any dealing with them. ICSA, 2010 rapscallion 1 of 16 Several hundred staff were recently made redundant, mainly at the head office, and many of the remaining staff are fearful that they will lose their jobs. The redundancies have even spread to the company secretarial department, where 25% of the staff have been made redundant as part of cost-cutting measures.This has m ade the workload of the company secretarial department very heavy. You have already condo take aim to Ms People that your staff have complained that they are finding it very difficult to cope and that you fear more staff will resign unless staffing numbers increase. Ms People tells you that morale in spite of appearance the company seems oddly low. In order to expand the business, the Union downstairsstands that the company has recently acquired several overseas companies which have poor human rights records.Staff in the overseas countries are not part of the Union and are cheaper to employ, and the Union is worried that there will be further job losses among their members as a result. The Union is in any case concerned with the behaviour of wide Holdings plc ( volumed Holdings? ), the company? s largest shareholder Trymore is not a subsidiary of Big Holdings. The Union claims that Big Holdings has excessive influence over Trymore, and that Big Holdings? strategy is very con fusable to Trymore? s regarding the investment into overseas companies.However, Ms People tells you that this approach is the most effective way to reduce the cost of employment. Your second meeting is with Mrs elaboration, the finance director and your predecessor as company secretary. She summarises the company? s current fiscal position to you and outlines the key financial priorities for the rest of the year. She also tells you that she is worried that many of the company? s shareholders will be concerned with the company? s external meeters, adjacent an alleged scandal in the charge up regarding several senior partners of the audit firm.Many clients of the audit firm have announced that they will no longer use them. The company is keen to preserve its reputation and is monitoring developments on this closely. Mrs chance on arrays you a copy of the recently fatherd audit letter which refers to a number of company secretarial issues. These centre on the fact that due to th e redundancies, and the resulting disorganization in the company secretarial department, Trymore? s statutory records have not been kept up-to-date, with proceedings not existence prepared and some statutory filings missed.She is particularly worried that there may be some consequences if the requirements for statutory filings have not been fulfilled. Nevertheless, she also tells you that she has to balance the need to control costs in the company with the need to see that the company adheres to its statutory requirements, and that she will need some input from you and Ms People to help her decide the scoop out way to address this. Your next meeting is with Mr Spin, the director of corporate communications. Mr Spin tells you that Trymore has received a lot of negative media attention recently.This includes a negative article in a newspaper which suggested that Trymore, along with other companies in its sector, was overcharging its customers. The article also attacked Trymore? s environmental record. Relationships with shareholders have also become strained recently. Due to the business suffering, the press has speculated that the company is due to ground a loss for the first time. Several of the large institutional shareholders based in the City of London have told the chairman that the action of the company postulate to improve.The business will also need to communicate to stakeholders further ways to save on costs and/or energise extra funds. In particular, Trymore has a large number of shareholders with small shareholdings and Mr Spin is keen to address their concerns. Shareholders have complained that the company has not done enough to build up the operate it provides to them. Mr Spin has been monitoring internet chat rooms and sees that several shareholders with small holdings are proposing to set up a shareholder action aggroup which will demand improvements in act and services.Mr Spin is keen to improve relations with shareholders, particul arly during this difficult time. ICSA, 2010 rascal 2 of 16 Questions 1. A meeting has been planned with the chairman of Trymore and the common director of the Union. The Union is expected to make several allegations and the chairman appetitees to be well prepared for the meeting. indispensable seduce a briefing note for the chairman, analysing the following (a) (i) What are the implications of be a night director and what travel in popular should be taken to subjugate any shadow directorships arising? 6 marks) Why might the Union consider Big Holdings to be a shadow director? Assuming Big Holdings is a shadow director, are there any exemptions which may apply? (4 marks) Assuming Big Holdings is a shadow director, what steps need to be taken by Trymore, particularly if Big Holdings is going to continue its direct of involvement with Trymore? (4 marks) (ii) (iii) Suggested answer (i) The implications for shadow directors can be onerous. They are liable(p) as every other d irector and essential(prenominal)(prenominal) comply with the provisions of the Companies Act 2006 (CA 2006). Taking into card Trymore? financial difficulties, in the event of an insolvent liquidation the liquidator may claim that Big Holdings was a shadow director of the company. S214 Insolvency Act 1986 deals with wrongful trading of directors in certain circumstances where directors knew or ought to have realisen that there was no commonsensical prospect of a company avoiding insolvency. If the liquidator is able to successfully apply to the court for a declaration that directors pass to the company? s assets, this would mean that Big Holdings could be joined with the other directors if there is any claim against the directors as part of insolvency proceedings.Shadow directors are also amongst the class of directors that may be disqualified from being concerned in the management or direction of a company, if a finding is made under the Company Directors Disqualification Ac t 1986 that their conduct in relation to the company? s affairs makes them unfit to be concerned in the management of a restrain company. A court of unofficial jurisdiction may impose a disqualification order for a maximum of five years, or in the case of superior courts, 15 years. The application to the court will be made by theSecretary of State based on a report by the liquidator or the Official Receiver into the conduct of the directors of the company. Some serviceable steps which can be taken to avoid potential shadow directorships arising are ? ? ? Professional advisers should have a letter of engagement setting out their terms of reference and expressly stating that they are not to be handle as directors of the company. It is good practice to ensure that third parties are made alive(predicate) that professional advisors are not acting as directors of the company.For Trymore, this could be done by appropriate disclosure in their yearly Report. It would not be appropriate for a representative of Big Holdings to attend board meetings. Page 3 of 16 ICSA, 2010 (ii) A shadow director can be described as a person in accordance with whose directions or instructions the directors of the company are accustomed to act. A key question will therefore be whether the board of Trymore is independent or whether it has been acting in accordance with Big Holdings? directions.There are some limited exceptions as to who will not be classed as a shadow director but this is generally restricted to professional advisers as their advice is ordinarily limited to a particular part of the business. If Big Holdings has been advising Trymore in this respect of certain investment strategies unaccompanied then it may well qualify as an exception. However, this seems un ilkly. As a good point of disposal and disclosure, if Trymore had been reliant on Big Holdings in a way which appears to be material to the company? s strategy, it may have been appropriate to disclose the rel ationship, for example, in Trymore? yearly Report. (iii) There is no requirement under the CA 2006 to register a shadow directorship at Companies House (CA 2006, s162) and under the 8th Companies Act 2006 Commencement Order, lucubrate of shadow directors should be removed from the register of directors interest of companies in existence of 1 October 2009. However, a shadow directorship is an undesirable position, particularly for a listed company. If Big Holdings is thenly a shadow director and will continue its level of involvement the most appropriate course of action would be to regularise the position.This would include the following ? ? Disclosing any interests in contracts and so on. Requesting Big Holdings to ballise documentation which appoints a representative to attend board meetings (ensuring appropriate induction arrangements are made if needful for the company? s representative). (b) On what grounds might the Union allege that the directors of Trymore have breached their statutory duties? What statutory preconditions would the directors have against much(prenominal) allegations? How should the chairman ensure that directors are aware of their statutory duties? (11 marks)Suggested answer There are several statutory duties of directors under the CA 2006. Given the Union? s concerns, the most likely allegations which may be raised are the following ? Breach of duty to exercise reasonable care, skill and diligence (s174 CA 2006) The Union may claim that some of the decisions made by the directors have not shown the require level of care, skill and diligence in accordance with S174. This is tested in two ways an object lens test of the general knowledge, skill and experience expected of a director, and also a subjective test of the actual general knowledge, skill and experience held by that director.Directors would, therefore, be need to demonstrate that decisions they have taken have met the standards take by s174. Breach of duty to promot e the success of the company (s172 CA 2006) A director is required to act in a way he or she considers in good faith and shall promote the success of the company for the benefit of its members as a whole. CA 2006 provides a nonexhaustive list of factors which directors should take into chronicle when considering this duty. Directors would, therefore, need to show that they have taken one or more of the stipulated factors into account or any other relevant factor. One key consideration here on which the directors may rely is the likely consequences of decisions over the long-term. It may be the case that the impact of decisions are detrimental over the short-term (such as redundancies) but are designed to be of benefit for the long-term. A further consideration is that there may be competing? factors which the directors need to take into account when considering which particular action or actions will promote the success of the company. ICSA, 2010 Page 4 of 16The best way to ensur e that the directors are aware of their duties is through a process of induction and ongoing education. The newly appointed company secretary will have a pivotal role in this. As a newly appointed company secretary, through discussion with the chairman, a sense check should be taken as to the directors? awareness of their duties. The Combined tag recommends that the company secretary, in conjunction with the chairman, takes responsibility for ensuring the appropriate induction of a director.Before a director accepts an appointment, the secretary should ensure that he or she is fully aware of their responsibilities, duties and potential liabilities. This includes, in particular, their statutory duties as required by the CA 2006. The company secretary coarsely decides, in conjunction with the newly appointed director on the best way to deliver the induction, which may take the form of presentations, attendance at seminars or providing guidance books. Following induction, the company secretary should take responsibility for the ongoing briefing and refresher training of directors at appropriate intervals. . You have serious concerns about the issues regarding the statutory registers, statutory filings and auditors (a) (i) You discover that no action has been taken in respect of the following ? ? ? The Annual Return date for Trymore was two workweeks ago. Your appointment as company secretary was three weeks ago. A shareholder requested minutes of the last Annual General Meeting (which was held two months ago) but no minutes have yet been prepared. Explain if there are any statutory or regulatory implications in respect of the above and any required timescales. 10 marks) (ii) Explain, in a memorandum to the finance director, why it is important for the company to promptly file all required returns with the recording equipment of Companies and the implications of failing to do so. (4 marks) (b) The directors would like to know what the liability of the auditors to the company is, in relation to their auditing of the company? s accounts. The directors are concerned that the auditors may seek to limit their liability and wish to know whether it is permitted under company law and what procedures would be involved for this.The directors expect shareholders to be concerned about the alleged scandal regarding the auditors and have asked you if there are any provisions of the Companies Act 2006 which enable shareholders to take action in this regard. The directors also ask you if there are any disclosure issues which the company would need to take into account regarding the position of the auditor. (11 marks) Required Prepare an appropriate briefing note for the directors in respect of (a) and (b) above. (Total 25 marks) ICSA, 2010 Page 5 of 16Suggested answer (a) (i) ? Statutory filings and registers Annual Return date The Annual Return must be submitted to Companies House within 28 days of the Annual Return date, unitedly with the associat ed filing fee. Trymore is not, therefore, delinquent and has two weeks to file the return. Appointment of company secretary Public companies are required by s275 CA 2006 to maintain a register of secretaries and by s276 to circulate the Registrar within 14 days upon the occurrence of any change in the particulars leaseed in the register.It is, therefore, good practice to update the register of secretaries without frustrate and a statutory requirement to notify the Registrar of Companies within 14 days of such an event. Trymore is, therefore, one week overdue. Pursuant to s276, if default is made in complying with this section, an offence is committed by every officer of the company who is in default. Furthermore, as a listed company, there is a regulatory requirement to issue an annunciation via a Regulatory Information Service in respect of the appointment.This should have been done, at the latest, without delay following the appointment and is, hence, considerably overdue. A GM minutes As a union function of the company secretary, it is good practice to prepare minutes promptly following a meeting. Moreover, s355 requires every company to keep minutes of all proceedings of general meetings. If the minutes have not been prepared, it is likely that any resolvings which need to be filed at Companies House have not been filed either. Such resolutions must be filed within 15 days of the meeting and, hence, are overdue.In addition, s358 entitles any member to request (subject to any applicable fee) a copy of the minutes of general meetings and such copies must be provided within 14 days of receiving the request. ? ? The situation must, therefore, be addressed without delay in respect of writing the minutes, sending the minutes to the shareholder and making any incumbent filings with the Registrar of Companies. In general, if a company fails to comply with the above requirements, an offence is committed by every officer of the company who is in default. (i i) Filing returns with the Registrar of CompaniesIt is important for the company to promptly file all required returns with the Registrar of Companies for a number of reasons. Firstly, the CA 2006 makes directors of the company liable for failing to file required documents. This could damage the reputation of both the director and the company and, in extreme cases, persistent failures to file could lead to the disqualification of one or more directors. Secondly, part of the assessment of a company by stakeholders (such as credit reference agencies, suppliers and prospective customers) will include a review of documents lodged at Companies House.If it is clear that the company is not adhering to its statutory requirements, this may discourage third parties from doing business with the company. Lastly, a failure by a company to file accounts, annual returns or respond to a communication from Companies House could result in strike-off action by Companies House. The directors would, the refore, be strongly advised to ensure that the company secretarial function is appropriately resourced to ensure that the company is able to comply with its statutory obligations. ICSA, 2010 Page 6 of 16 (b) Liabilities of the auditor and shareholder concernsAuditors are required to act honestly and with reasonable care and skill in discharging their duties. An auditor is liable to the company for any loss resulting from negligence or default in the performance of his or her duties. As an auditor? s liability is unlimited, this has led to concerns in recent years that an audit firm could go out of business were it to be found liable in a court. The CA 2006, ss534-538, introduces the possibility that the liability of auditors may be limited. However, this is not a unilateral decision by the auditor and would need to be agreed with the company.Any such attempt to limit liability would be in relation to the specific financial year and would need the panegyric of the company? s shareh olders by ordinary resolution, following grace by the board. The details of the limitation would be set out in a formal liability limitation agreement, which can reduce the outcome of liability to no less than such an nitty-gritty or proportion which is fair and reasonable, taking into account the auditor? s responsibilities and contractual obligations and the professional standards expected of them.In respect of likely shareholder concerns, as Trymore is a public company, it is required to propose a resolution at each Annual General Meeting (AGM) in respect of the re-appointment of the auditor. If shareholders are concerned about the suitability of the auditor, the most obvious action would be for shareholders to choose against the resolution. The appointment of the auditor would, therefore, come to an end at the end of their term. CA 2006 s527 also gives shareholders of a quoted company the right to have a disputation placed on the company? web come out ahead of a general meet ing at which the accounts are to be considered. However, the report must only be in relation to the audit of the accounts or any issue surrounding an auditor who has ceased to hold office. In order for the statement to be placed on the company? s website, it must be commanded by members representing at to the lowest degree 5% of the total balloting rights or by 100 members holding paid up shares on average sum per member of not less than ? 100. As a listed company, the directors should be alert to any likely problems which could damage the company? s reputation and should have a plan to deal with it.The company should, therefore, create a prepared response on the company? s position in relation to the auditors which could be released if required. In addition, the Listing regime requires all circulars to shareholders to carry the necessary information to enable shareholders to make an informed choice if a voting action is required. The notice of AGM must, therefore, have a clear recommendation as to whether the directors support all of the resolutions, including the resolution on the re-appointment of the auditors. ICSA, 2010 Page 7 of 16 3. You bring of some new developments with regard to the company? relationship with its shareholders (a) The directors inform you that press speculation is indeed correct and that, due to a sudden change in trading, the company is expected to make a loss for the first time. They ask you what disclosure issues arise, why such issues arise and what actions should be taken. They also ask you to explain the process by which listed companies must disclose information. (12 marks) Mr Spin notes that the company does not send outline Financial Statements (SFSs) to its shareholders and that this could be one way in which the company modernises its shareholder services.Mr Spin asks you to prepare a note for the board explaining the following (i) What SFSs are and why companies might wish to send them to shareholders. (4 marks) Wh at statutory process and procedures a company must follow prior to issuing SFSs to shareholders. (3 marks) What key information must, at a minimum, be included in SFSs and how the SFSs should be authorize. (6 marks) (b) (ii) (iii) Required Prepare a briefing note for the directors in respect of (a) and a note for the board in respect of (b), above. (Total 25 marks) Suggested answer (a) Disclosure issues regarding trading conditionsListed companies must observe various continuing obligations, as set out in Listing Rules and in the Disclosure and Transparency Rules (DTR). Continuing obligations are designed to ensure a fair trade, with equal access to information by all parties and help to reinforce the importance of a properly regulated market and thus help to increase investor confidence. A cornerstone of this is the prompt release of material information to the market. Any change in the company? s expected performance which is materially different from the chance of the market m ust be promptly dis disagreeable.This includes a profit warning that the company does not expect to achieve the level of profit it had previously achieved in a given financial period. Time is of the essence, as the Financial Services Authority (FSA) are likely to investigate the time period between the directors becoming aware of the expected change in trading expectation and the release of an announcement about it. Any unwarranted delay in releasing the information is likely to lead to the creation of a false market which is contrary to the Listing Principles and, in extreme cases, could lead to accusations of market abuse.The directors would, therefore, be strongly advised to convene a board meeting without delay and to consult with its advisors on the preparation and the urgent release of an appropriate announcement to the market. The DTRs provide guidance on the release of information to the public. Companies must submit announcements to a Regulatory Information Service (RIS), w hich is a primary information provider (PIP) service O.K.d by the FSA, to disseminate regulatory information to the market. Information which needs to be notified to a RIS must be given to them to begin with being released ICSA, 2010 Page 8 of 16 lsewhere to ensure that no one person or section of the population receives the information ahead of any other. If a RIS is closed and a company has information to disclose, the company must distribute it to at least two national newspapers and to two newswire services to ensure that there is commensurate coverage. A RIS should also be informed so that it can release the news as soon as the market reopens. The underlying principle in the DTRs is that important information must be released to the market as promptly as possible and, in any event, usually by the end of the following business day.The DTRs further require that once an announcement has been released to a RIS it must also be posted on the company? s internet site by the close of the business day following the day of announcement and must be kept there for at least one year. (b) (i) Summary Financial Statements SFSs are, as the name suggests, a summary version of the full accounts of a company. All companies may choose to issue SFSs to shareholders instead of the full accounts (CA 2006, s426). In addition to sending SFSs in hard copy, SFSs may be made available electronically, for example, on a website or sent by email to those who have requested it.This would meet some of the concerns of shareholders that the company has not modernised its services to them. SFSs are a utilizable tool in promoting effective shareholder relations. SFSs avoid overwhelming private investors with detailed and complex annual accounts. It also saves companies with large shareholder bases substantial costs in printing and posting annual accounts. This is useful as Trymore is looking for ways in which to save costs. (ii) Before a company may send SFSs to its shareholders, it mus t ascertain the wishes of members regarding the receipt of full accounts.The company must have ascertained that the shareholder does not want to receive the full accounts. This may be accomplished by sending the shareholder a reply-paid card which requests the shareholder to opt-in to receive the full accounts. If the shareholder fails to reply, it is assumed that the shareholder is willing to receive the SFSs. (iii) ? The SFS to be prepared for the financial year for Trymore must include the following (as stipulated in the CA 2006, ss427-428 and regulations made under those sections) a summary profit and loss account (including earnings per share information) ?A summary balance sheet (statement of financial position). ? A summary directors? report. ? Paid or proposed dividends. ? A report by the auditors. ? A report on directors? remuneration. The SFS must also contain a statement that it is only a summary of the full accounts and that the summary accounts do not contain sufficient information to allow a full understanding of the company. It must also provide shareholders with details of where the full accounts may be obtained (free of charge). In addition, to provide additional comfort for shareholders, the SFS must contain a statement by the company? auditors of their opinion that the SFS is consistent with the full accounts and complies with the CA 2006. As with the full accounts, for good governance, the SFS must be approved by the board. The SFS is signed on the board? s behalf by a director whose name must be stated on the copies issued to shareholders. In seeking the board? s approval, the board will need to confirm that the SFS is indeed a true summary of the full accounts. ICSA, 2010 Page 9 of 16 4. The directors strenuously get over that they are planning to help themselves to the company? s funds.The following proceedings are intended to take place between the directors and the company (a) The company plans to provide contributes and credit tra nsactions to two directors. Firstly, Mrs Gain, the finance director, will receive a loan of ? 8,000 for the purposes of buying a new car and separately will receive a loan of ? 18,000 (repayable next year) so she can buy jewellery from the company at market price. Secondly, Mr lot, the marketing director, will receive a loan of ? 40,000 which he will use to clear personal debts as he was in severe financial difficulty. 12 marks) The company also has plans to participate in property transactions with the directors. The company intends to purchase Mrs Gain? s old car for ? 4,000. Mrs Gain has pointed out that the car is registered in her husband? s name, and he is not a director of the company. The company also plans to purchase, for development, a plot of land owned by Mr Sell in flip for ? 115,000, plus the allotment of 20,000 shares in the company. Each transaction is intended to be at market value. (13 marks) (b)The chairman has asked you to provide advice as to whether each of the above transactions are permitted under the Companies Act 2006 and, if so, what approvals, procedures and disclosures need to be made. The chairman has also asked you if Mr Sell? s financial difficulties raise any issues under statute or the company? s Articles of Association. Required Prepare the responses required in (a) and (b) above. (Total 25 marks) Suggested answer (a) Loans and credit transactions Under the CA 2006, companies may make loans or credit transactions to directors.This is provided there has been prior approval by ordinary resolution of the members. In order for approval to be given in general meeting, there needs to be full disclosure in advance by including the following information in a memorandum ? ? ? The purpose of the loan or transaction. The totality of the loan or value of the transaction. The liability to which the company may be exposed under the loan or transaction. Where the resolution is to be passed in a general meeting, the memorandum must be a vailable for inspection at the registered office for at least 15 days ending with the date of the meeting.It must also be available for inspection at the place of the general meeting. Shareholder approval is not required where loans or transactions are in respect of small amounts. The relevant exceptions where shareholder approval is not required are ? ? ? Loans or quasi-loans up to ? 10,000. Up to ? 15,000 for credit transactions under which the director acquires goods from the company on deferred payment terms. To enable a director to meet expenditure incurred for the purpose of the company? s business to enable him to perform his duties.The centre amounts outstanding must not exceed ? 50,000. Page 10 of 16 ICSA, 2010 Taking the above into account, the loan to Mrs Gain does not require approval by shareholders, approval by the board is sufficient. Mrs Gain should declare an interest and should be excluded from the quorum and the voting in respect of the board? s approval of the loan. However, the ? 18,000 loan to Mrs Gain and the loan to Mr Sell require shareholder approval before they can be made. This is because the ? 18,000 loan is a credit transaction above ? 15,000 in exchange for goods by the company and the ? 0,000 loan is above the exemption allowed under the CA 2006. If the directors concerned also hold shares they should refrain from voting in a general meeting on any approval as each is a conflicted related party. (b) Property transactions and Mr Sell? s financial difficulties The CA 2006, ss190-196, sets out the provisions in respect of substantial property transactions between a company and a director. The term director, for the purposes of substantial property transactions, includes attached persons to the director and this would include Mrs Gain? husband. Hence, the transaction in respect of the car needs to be considered. Generally, a company may not transfer to a director, or a director to a company, a non-cash asset (for example, propert y) if its value exceeds 10% of the company? s net assets and is more than ? 5,000, or if the value exceeds ? 100,000, unless approved by the company in general meeting. No shareholder approval is required if the value is less than ? 5,000. Taking the above into account, the purchase of the car is a property transaction as it is with a connected person to the director.However, as is it for less than ? 5,000, no shareholder approval is required. As with the loan for ? 8,000, board approval is all that is required and Mrs Gain should declare an interest and should be excluded from the quorum and the voting in respect of the transaction. However, the purchase of land does require shareholder approval as the value exceeds ? 100,000. If the director concerned also holds shares, he should refrain from voting in a general meeting on any approval as he is a conflicted related party.It is noted that the company intends to acquire the plot of land for cash and shares. The CA 2006, ss593-597, p rovides that a public company may not allot shares either fully or partly paid up for a payment other than cash, unless the consideration has been valued by an appointed valuer within the six months prior to the allotment, and a copy of the valuation sent to the proposed allottee. The valuation report must be made by an independent person who would be qualified to be an auditor of the company. The valuer? s report must state ? ? ? The nominal value of the shares being allotted for a consideration other than cash. The amount of any premium payable on the shares. The consideration which has been valued and the method used to value it. The amount of the nominal value of the shares and any premium treated as paid up for a consideration other than cash. A copy of the report should be sent to the Registrar of Companies when the return of allotments form SH01 is filed (CA 2006, s597) together with a formal contract for the transfer of the plot of land.As the transaction is with a director and requires shareholder approval, adequate disclosure must be made in the circular sent to shareholders and documents must be made available for inspection in a similar way as for the arrangements for loans, as described above. Mr Sell should also refrain from participating in any board approval on this matter. Questions need to be asked about Mr Sell? s personal financial position as this may impact his ability to continue to serve as a director.Public company Model Article 22 provides that a director would cease to be a director as soon as a bankruptcy order is made against that person or if a writing is made with that person? s creditors generally in satisfaction of that person? s debts. In addition, if a director becomes bankrupt after appointment, section 11 of the Company Directors Disqualification Act 1986 provides that his position will be resigned unless the courts give permission for him to continue. ICSA, 2010 Page 11 of 16 5. You are a Chartered Secretary in private p ractice. John Smith is a shareholder in Pots plc (Pots? , a company listed on the London Stock Exchange. Mr Smith tells you that he and many other shareholders of Pots, who hold between them 7% of the issued share capital, are unhappy with the way the company is being run and wish to put forward some proposals of their own for consideration. Mr Smith asks you to prepare a report giving your professional advice on the following (a) How can shareholders of a company (i) assert their rights by requisitioning a general meeting and (ii) add a resolution to the agenda of the next Annual General Meeting (AGM) of Pots?Mr Smith would like to know the applicable statutory procedures and timescales, what documents would need to be produced and in what format, any related costs, and what information would be circulated and disclosed. (16 marks) Once the general meeting/AGM has been held, how will Mr Smith and his associates know the result of their proposed resolution? What steps are available to Mr Smith and his associates if they are not satisfied with the way any choose at a general meeting/AGM has been conducted? 9 marks) (b) Required Prepare the report required in (a) and (b) above. (Total 25 marks) Suggested answer Advice for Mr John Smith Pots plc I refer to our recent discussion regarding Pots plc and I provide below the information that you requested. (a) (i) Requisition of business at general meetings Requisition of a general meeting Under s303 of the CA 2006, members holding not less than 10% of the paid-up capital may requisition the directors to hold a general meeting.As you and your colleagues only hold 7% of the capital, you do not have sufficient shares to requisition a meeting. You must, therefore, either find further shareholders who are willing to support your requisition (holding at least 3% of the share capital) or you may wish to consider waiting until the next AGM and add a members? resolution at that time (see below). The requisition may be in ha rd copy or electronic form and must be authenticated by the persons requesting it.On receipt of the requisition, the directors of Pots plc must convene the meeting within 21 days, and the meeting must be held not more than 28 days after the date of the notice of the meeting (CA 2006, s304(1)). The cost of normal the general meeting is met by the company. In practice, if convening a meeting, the directors would circulate the notice to the members with a letter explaining the circumstances in which the meeting was being called and state whether or not they supported the proposals to be considered.This is good practice generally for shareholder relations. Also, it is particularly relevant for listed companies as the Listing Rules require any circular sent to shareholders of a listed company to contain a clear and adequate explanation of its subject matter, including enough information for shareholders to be sufficiently informed when voting or taking other actions. As Pots plc is a li sted company, it will be required to issue a regulatory announcement without delay disclosing that shareholders have ICSA, 2010 Page 12 of 16 requisitioned a general meeting.This is necessary as the public are potential investors and need to be informed of all material events affecting Pots plc. You should note that the directors of Pots plc cannot simply ignore the requisition. CA 2006 s305 provides that if the directors do not comply with the requisition, the requisitionists, or a group representing more than 50 per cent of the voting rights of all of them, may convene the meeting at any time within three months from the date of deposit of the requisition. As far as possible, the meeting should be convened in the same manner as would be done by the directors.This will also be at the expense of the company. (ii) Adding an item of business to the next AGM In addition to the ability of shareholders to requisition a general meeting, shareholders as owners of a company have the right to add their own items of business to the agenda of a forthcoming AGM. As you and your associates do not hold 10% of the share capital of Pots plc, this may provide an alternative route for you. CA 2006, s338 provides that one or more shareholders holding at least 5% of the fully paid up voting capital may requisition an item of business at the next AGM.Hence, you and your associates hold sufficient shares to take this course of action. However, you will have to wait until the time of the AGM. In respect of timescales, the requisition must be lodged not less than six weeks before the date set for the meeting, but if the meeting is subsequently set for sooner, the requisition is deemed as being validly served. The procedure is to deposit the signed requisition(s) (stating the object(s) or including any supporting statement) at the registered office. This may be in hard copy or electronic form.As with requisitioning a general meeting, the board is likely set out in the notice the cir cumstances in which the resolution has been added and whether or not they support the proposals. Timing is critical in this matter. In respect of costs, if the request is received before the end of the financial year preceding the meeting, the costs of circulation must be met by the company (CA 2006 s340(1)). If the request is received later, it must be accompanied by an amount to cover the expenses of circulation. If not, the directors are not obliged to circulate details of the resolution or any accompanying statement.CA 2006, s314 allows members to request circulation of a statement of up to 1,000 words which relates to a resolution to be proposed at any general meeting or to other business to be dealt with at the meeting. The number of members required is the same as for requesting a resolution to be put to an AGM. However, the request under this section need only be received one week before the meeting. (b) Voting results of a general meeting All shareholders will be able to fi nd out the result of the resolutions passed at a general meeting.You should note that the Listing Rules provide that the result of any resolutions passed at general meetings must be released via a regulatory information service. In addition, the Combined Code (which is the corporate governance code which applies to listed companies) requires that where a resolution has been passed on a show of hands, the chairman of the meeting should inform the meeting of the proxy votes lodged, even if a poll vote has not been called and that the proxy votes lodged should be published on the company? s website.Shareholders have the right to ensure that any poll vote taken at a general meeting has been conducted appropriately. CA 2006, ss342-351 has provisions to allow shareholders to require an independent report on a poll vote taken at any general meeting. Members holding 5% of the voting rights may require the report, so the shares held by you and your associates will be sufficient to make this demand. The requisition must be received by the company no later than one week after the poll has been held. On receiving such a request, the directors have to appoint an independent assessor within one week.The assessor? s report must state whether, in his opinion ? ICSA, 2010 The procedures for the poll were adequate. Page 13 of 16 ? ? ? The votes cast were fairly and accurately counted and recorded. The validity of proxy appointments was fairly assessed. The company complied with legal requirements regarding the appointment of proxies. Again, open disclosure is key and all shareholders will be able to find out the result of the independent assessor? s report. Under s351 CA 2006, the company must publish on its website the fact that an independent assessor has been appointed and who the assessor is.Once the report is produced, this must also be put on the website. 6. You are the board secretary to Westshire University (the university? ). Dr sharp informs you that the science dep artment has produced an invention which has the potential to earn revenue for the university. You note that it is against University policy to operate public limited companies. Professor humorous has told you that an old scholar of the school has made a large donation and wishes this to be used for clement purposes or to benefit the local area through community enterprises.Both Dr new and Professor humourous are keen for these ideas to be carried out by companies which are separate entities from the university but they wish the university to wait some control. (a) Prepare a report for the next board meeting of the university, setting out the steps, procedures, documentation and other matters to consider which are required to incorporate a company. Professor Witty and Dr Smart? s considerations, as set out above, should be taken into account. 15 marks) Prepare a report for the next board meeting, setting out the reasons why both a company limited by guarantee or a community int erest company may be suited for Dr Smart and Professor Witty? s proposal. The report should include any additional relevant information on the formation, purpose, liability or braid up of each type of company and any board approvals which may be appropriate. (10 marks) (b) Required Prepare the responses required in (a) and (b) above. (Total 25 marks) Suggested answer Westshire University To From Re The board The secretary Formation of new companiesI refer to the recent discussions with Dr Smart and Professor Witty and, as promised, I provide further advice below on the discussions. (a) function for incorporating a company The CA 2006 provides the process by which a company may be formed. This will allow the ventures proposed by Dr Smart and Professor Witty to form a separate entity to that of the University. As such, it will also have its own obligations, for example, disclosure obligations and a requirement to comply with all applicable statutes. ICSA, 2010 Page 14 of 16In orde r to form a new company, there must be at least one person or company which agrees to its formation. This is cognize as the subscriber who agrees to take at least one share in the company or, for a company limited by guarantee, acts as the guarantor. For governance purposes, the board should, therefore, resolve that the new companies be formed. All companies are required to have a set of Articles of Association, which are rules to govern the internal affairs of the company. It is usual to adopt the Model Articles, which are default Articles which apply to the running of most companies.To the extent that these are suitable, we can make any specified modifications. Again, for good governance, the board should approve the Articles. Each company needs a unique name which is appropriate for the business. This can be done by checking the proposed name of the companies against the index of company names held by the Registrar of Companies. Any proposed company name which is the same as, or too like? , the name of any existing company, or otherwise objectionable (see below), will be rejected by the Registrar of Companies. In addition, there are also some sensitive ords which, if included in a name, require approval to be obtained in advance before we are able to use it and this should be factored into the timescale for forming the company. There are a number of forms which must be completed in order to complete the company formation. Completing these forms will also assist in determining what other steps and actions are required as part of the formation. Form IN01 is the main incorporation document required. It contains all the details to enable the incorporation of a company. Key considerations for the board to approve include the following ?What will be the address of the registered office and respective jurisdiction (for example, England and Wales)? The registered office address must be within the respective jurisdiction. Who will be the first director(s) and secr etary(ies)? The board will need to consider the most appropriate person given the required responsibilities of the directors. In addition, for good governance and to retain some control, the board may wish to appoint someone from the University to ensure good governance and a reporting line into the University. A company secretary is not required.However, this may well be useful to ensure that statutory compliance is being fully observed. The board will need to decide to what extent the company will be capitalised and who will own the shares, if it is limited by shares. For example, the company could be a subsidiary of the University in order to retain some control of the company. The details of the initial shareholders must be disclosed as part of the formation process. Form IN01 contains a Memorandum of Association, which is the request by one or more person to form a company.Every subscriber to the Memorandum of Association must sign a statement of compliance which is contained w ithin the form. The statement confirms that the subscriber has complied with the requirements of the CA 2006 in respect of registration. ? ? ? The registration documents must be accompanied by the applicable registration fee. If all is in order, the Registrar of Companies will issue a certificate of incorporation. This is effectively the birth certificate? of a company. Details of the company are disclosed and made available to the public via the Registrar of Companies? website. b) Companies limited by guarantee and Community Interest Companies (CICs) In a company limited by guarantee, the liability of the members is limited to the amount that they undertake to contribute to the assets of the company if it is wound up. Companies limited by ICSA, 2010 Page 15 of 16 guarantee are usually low risk entities such as charitable or not-for-profit organisations and would, therefore, be appropriate for the separate entity required to administer donations from former students. In a company l imited by guarantee, members are not required to provide funds on becoming a member.However, upon incorporation, it will be required to submit a statement of guarantee that it is to be limited by guarantee. The statement must contain such information as required so that the subscribers to the Memorandum of Association can be identified (CA 2006, s11). It must also state that each member undertakes that, if the company is wound up while he is a member, or within one year after he ceases to be a member, he will contribute the specified amount towards the debts and liabilities of the company.The liability of the members in the event of insolvent liquidation is limited to the guarantee, usually immovable at some low nominal value, such as ? 1 per member. As there is little commercial risk to the business, a company limited by guarantee would, therefore, be an appropriate vehicle for the University. The Companies (Audit, Investigations and Community Enterprise) Act 2004 introduced the C ommunity Interest Company (CIC). The purpose of a CIC is to encourage the provision of products and services which benefit the social and environmental regeneration of wide sections of local communities.Any profits generated from CICs must, therefore, be used for the public good. Companies wishing to qualify for CIC status are required to satisfy the community interest test that a reasonable person might consider that its activities are being carried on for the benefit of the community?. The expectation is that the CIC will help to meet the need for a transparent, flexible model, clearly defined and easily recognised. The surplus assets of a CIC on transfer or winding up must be applied only to similar organisations or for charitable purposes. A CIC may be incorporated as a company limited by shares or limited by guarantee.In addition to the usual incorporation documents, directors are required to sign a statement which confirms that the CIC will only be used for public good purpose s. Given that there will be some risk in forming any company, for good governance and to show acknowledgement of a required decision, the board should pass a formal resolution to approve the incorporation of either a company limited by guarantee of a CIC. The scenarios included here are entirely fictional. Any resemblance of the information in the scenarios to real persons or organisations, actual or perceived, is rigorously coincidental. ICSA, 2010 Page 16 of 16

Cell Phones in the Hands of Drivers: a Risk or Benefit? Essay

Cell Phones in the give of driversA Risk or a BenefitAriana LagunaEnglish 102Professor Barnes/Walter10 declination 2012OutlineTHESIS Unless the risks of kiosk peals are shown to outweigh the benefits, we should not restrict their custom in moving vehicles instead, we should drill the public about the dangers of hotheaded while phoning and prosecute irresponsible phone implementrs below laws on negligent and reckless driveway.I. Scientific studies squandernt proved a link betwixt use of cell phones and traffic accidents.A. A study by Redelmeier and Tibshirani was not conclusive, as the researchers themselves have admitted.B. Most states do not keep records on accidents caused by driver distractions.C. In a survey of research on cell phones and brainish. Cain and Burris report that results so far have been inconclusive.II. The Risks of use cell phones while driving should be weighed against the benefits.A. At the Harvard Center for Risk Analysis, researchers prove that the risks of driving while phoning were minuscular compared with other driving risks.B. There are rubber eraser, trade, and personal benefits to using cell phones on the road.III. We need to educate drivers on using cell phone responsibly and enforce laws on negligent and reckless driving.A. Educating drivers can workB. It is realizable to enforce laws against negligent and reckless driving in states that do not do an adequate job of enforcement, the pueblo can lobby for improvement.Cell Phones in the Hands of DriversA Risk or Benefit?As of 2000, there were about ninety million cell phone users in the United States, with 85% of them using their phones while on the Road (Sundeen ). Because of evidence that cell phones impair drivers by distraction them, some states have considered laws restricting their use in moving vehicles. Proponents of economy correctly point out those using phones while driving can be dangerous. The extent of the danger, however, is a matter of debate, a nd the benefits may outweigh the risks. Unless the risks of cell phones are shown to outweigh the benefits, we should not restrict their use in moving vehicles. Instead, we should educate the public about the dangers of driving while phoning and prosecute irresponsible phone seers under the laws on negligent and reckless driving. Assessing the risksWe have all heard horror stories about disconcert drivers chatting on their cell phone. For example, in a letter to the editor, Anthony Ambrose describes macrocosm passed by another driver who was holding a Styrofoam cup and a cigarette in one hand, and a cellular telephone in the other, and who had what appeared to be a newspaper balanced on the steering wheel- all at approximately 70 miles per hour (128). Another driver, Peter Cohen, says that after he was rear-ended, the discredited party emerged from his vehicle still talking on the phone (127). Admittedly, some drivers do use their cell phones irresponsibly.The dangers are real, b ut how extensive are they? To visualize there have been a few scientific reports on the relation amongst cell phone use and traffic accidents. In 1997, Donald Redelmeier and Robert Tibshirani studied 699 drivers who possess mobile phones and had been in accidents. The drivers, who volunteered for the study, gave the researchers detailed billing records of their phone calls. With these data, the researchers found that the risk of a collision when using a cellular telephone was not beingness used (433). Although the conclusion sounds dramatic, Redlemeier and Tibshirani caution against reading too much into itOur study indicates an association but not necessarily a causal relationbetween the use of cellular telephones while driving and a subsequent motor vehicle collision.In addition, our study did not include serious injuries.Finally, the data do not indicate that drivers were at fault in the collisions it may be that cellular telephones merely decrease a drivers ability to block a collision caused by someone else. (457) Pointing out that cell phones have benefits as well as risks, the authors do not recommend restrictions on their use while driving.Unfortunately, most states do not keep adequate records on the number of times phones are a factor in accidents. As of December 2000, only ten states were trying to keep such records (Sundeen 2). In addition, currently there is little scientific evidence comparing the use of cell phones with other driver distractions fiddling with the radio, smoking, eating, putting on makeup, shaving, and so on.Alasdair Cain and Mark Burries of the Center Urban Transportation Research surgery research on the cell phone issue as of 1999 and concluded that there is no nationally-accredited document to prove the connection between mobile phone use and traffic accidents. Because research results have been so inconclusive, it makes sense to wait before passing laws that might well be unnecessary.Weighting risks and benefitsIn 2000, researchers at the Harvard Center for Risk Analysis found that the risk of driving while phoning were small compared with other driving risks. Whereas the cell phone users chance of dying are about 6 in a million per year, someone not wearing a seat belt has a risk of 49.3 per million, and someone driving a small car has a risk of 14.5 per million (3). Because of this comparatively small risk regulation of phones may not be worth the coast of the legislation as well as the additional burden such legislation would put on law enforcement officers.In addition to the risks, there are benefits to using phones on the road. Matt Sundeen reports that drivers with cell phones place an estimated 98,000 emergency calls each day and that the phones often reduce emergencyresponse times and actually save lives. (1). The phones have business benefits too. According to transportation engineer Richard Retting, Commuter time is no longer just for driving. As the comforts of home and the efficiency o f the office creep into the automobile, it is fit increasingly attractive as a work space (in Kilgannon A23). Car phones also have personal benefits. A mother coming home recently from work can check in with her children, a partygoer lost in a strange neighborhood can call for directions, or a teen whose car breaks down can phone home.Unless or until there is clear evidence of a direct link between cell phone use and traffic accidents, the government should not regulate use of cell phones while driving. A better approach is to educate the public to the dangers of driving while distracted and to enforce laws on negligent and reckless driving.Educating drivers and enforcing lawsEducational efforts can work. In the last twenty years, government and private groups have managed to change the driving habits of Americans. hindquarters belts are now regularly worn, people commonly appoint designated drivers when a group is drinking, small children are almost always put in safety seats, and most drivers turn on their headlights in rainy weather.Enforcing laws against negligent and reckless driving can also work. Even groups concerned with safety support this view. For instance, the interior(a) highroad art Safety Administration advises states to enforce their reckless and negligent driving laws and, where necessary, to strengthen those laws it does not call for restrictions on use of the phones (United States, Dept. of Transportation). The California Highway Patrol opposed, restricting use of phones while driving, claiming that distracted drivers can already be prosecuted (Jacobs). It is possible, of course, that some states do not enforce their laws to the extent necessary. In such instances, citizens should pressure on highway patrols to step up enforcement, for without fear of prosecution many drivers will not change their behavior.The use of cell phones while driving is probable here to stay, despite therisks, unless future studies prove that the risks clear ly outweigh the benefits. However, public safety concerns are real. To dares those concerns, we should mount a major educations campaign to educate drivers about that dangers of driving while distracted and insist that laws on negligent and reckless driving be enfaced as vigorously as possible.Works CitedAmbros, Anthony. Letter. wise England diary of Medicine 337.2 (1997) 128. Print. Cain, Alasdair, and Mark Burris. Investigation of the Use of Mobile Phones while Driving. Center for Urban Transportation Research. Coll. of Engineering, U of South Florida, Apr. 1999. Cohen, Peter J. Letter. in the raw England Journal of Medicine 337.2 (1997) 127. Print. Harvard Center for Risk Analysis. Cellular Phones and Driving Weighing the Risks and Benefits. Risk Perspective. President and Fellows of Harvard Coll.,July 2000. Web. 15 Mar. 2001. Jacobs, Annette. guest Opinion No News Laws Needed for Driver Distractions. Wireless Week. Advantage Business Media, 24 May 1999. Web. 12 Mar. 2001. Kil gannon, Corey. Road Warriors with Laptops. New York Times 15 Aug. 2000 A23. Print. Redelmeier, Donald A., and Robert J. Tibshirani. Association between Cellular-Telephone Calls and Motor Vehicle Collisions. New England Journal of Medicine 336.7 (1997) 453-58. Print. Sundeen, Matt. Cell Phones and Highway Safety 2000 State Legislative Update. National Conference of State Legislatures. Natl. Conf. of State Legislatures, Dec. 2000. Web. 11 Mar. 2001. United States of Transportation. Natl. Highway Traffic Safety Administration. An Investigation of the Safety Implications of Wireless Communication in Vehicles. NHTSA. Natl. Highway Traffic Safety Administration, Nov. 1997. Web. 12 Mar. 2001.

Instant Noodles market

Maggi losing vociferous noodles market sh be in India to new entrants * revolutionary DELHI Maggi flash lamp noodles, foods major Nestles flagship fall guy that has dominated the Indian instant noodles market for nearly three decades, is losing market share on a monthly terms to newer entrants such as GlaxoSmithKlines (GSK) Horlicks Foodles, Hindustan Unilevers (HUL) Knorr Soupy noodles, Big Bazaars Tasty Treat, Top Ramen and several other smaller players, according to info by market research firm Nielsen.The data shows that Maggis share of instant noodles, on an all-India basis, across urban markets, has slipped consistently between celestial latitude 09 to July 10. While Maggi instant noodles (minus vermicelli) had a 90. 7% share in December 09, the share dropped to 86. 5% in July 10 on an all-India basis. A regional split of the data shows that Maggis instant noodles value market share has fallen across the east, south, northward and west zones for the same period.Analysts s ay with new competition, Maggis market share is certain to get imp exploited , notwithstanding add that Nestle has the potential to expand the Rs 1,300-crore instant noodles year which itself is growing at a rapid 15% annually. A detailed email sent to Nestle on Thursday elicited no response. Apart from HUL and GSK which have horizoned their noodles as healthy snacking options targeting kids and mothers, others like Indo-Nissins Top Ramen, Capital Foods Chings Secret and CG Foodss Wai-Wai , though around for dogged, are stepping up marketing efforts to take utility of kinfolk harvest.Besides, private leaf blades like Big Bazaars Tasty Treat and Aditya Birla Retails Feasters are notching up share. Manoj Menon, FMCG analyst at brokerage firm Kotak Securities, wrote in a report introductory this month Maggi faces harvest substitution risk and brands like Knorr and Foodles could potentially impact its incremental produce. Nestle faces a challenging competitive environment in culinary. GSK, which entered the category in December last year, has taken away share from Maggi mainly in the South and East riding on the equity of Horlicks and its well-entrenched distribution in the regions.GSKs executive VP, marketing, Shubhajit Sen, said Consumers were looking for a choice in instant noodles combined with that, the equity of Horlicks is leading to a lot of trails. The initial response to Foodles is much(prenominal) higher than our expectations. On the other hand, HUL, which rolled out Knorr Soupy noodles in the South this February, had to postpone the brands national launch due to capacity constraints because of heavy consumer offtake.An HUL spokesman said We are very pleased with the performance of Knorr Soupy noodles. Private brands are whetting appetites of consumers too. According to Devendra Chawla, business head, private brands, afterlife group The category boundary is set to be re-drawn. From a snack food targeted at children, instant noodles cate gory has evolved as a mainstay repast even for grown ups. Mr Chawla said Tasty Treat was the uphold biggest instant noodles brand in its Big Bazaar stores after Maggi.The brand packaging was revamped last year and Future plans to roll out additional variants in a months time taking the number of variants to nine from the existing three. There are some who leads called drawing card and there are some who follows, called follower. Maggi has been a leader for decades and it is Maggi who educated Indian consumer about noodles. Of course, their market share might got depleted in course of time, by the entry of some very big players but Maggi will not sit silent. They will also reinforce their activities which will ultimately benefit the consumer.People will definitely taste for a change, but I view it is very difficult to change ones taste bud and the top of mind game, as Maggi has become a generic name in India for their long presence. Maggi is one of the largest and oldest instant fo od brand in india. Maggi will remain no one brand though emergence in market of instant food category secondly people those who are grown up with this brand will remain loyal with its unique test. Tasty Treat started without any major noise and over time has become a large brand in Big bazaar.Need a case study how retailer could do such magic and create brand in such tough categories Category is going to see lot of actions it seems, retailers are also getting thier act right with thier Private Labels . seems a good battle in the offing. if loyalty is the unless aspect, then why have so many new increase variants (capsicum, sweet and sour, sambhar,etc) from maggie not hit the mark.. GSK and HUL are definitely offering better value proposition and competition as well.. remains to be seen how nestle reacts..Maggi Noodles Is manufacture By Nestle Marketing Essay Background Maggi Noodles In the last 20 years we have Just asked 2 minutes of your time. The grunge which clearly comes to mind on first recall is Maggi Noodles. Maggi Noodles is manufactured by Nestle under instant noodles portfolio. It was introduced with Maggi 2 Minute Noodles in India in 1982 when the only place to get noodles was Chinese restaurants. Maggi has undoubtedly has been the lifeline of many teenagers when in home or away from home. Maggi, as a brand, has seen many competitions in its Lifecycle.The brand has also diversified itself with launch of merchandise ranges like soups, tomato sauce, seasoning, cup noodles, various flavours of maggi noodles like atta, rice, mized grains etc. Nestle remains its market leader position with 59. 84% of retail sales in India,2009 (Source Euromonitor International). But its market share is constantly eroded by new entrants like GlaxoSmithKline Consumer wellness with Foodles,Capital Foods with SmithJones exigent noodles, HUL launching its Soupy Noodles under Knorr Brand umbrella. Brand Identity Kapferers Model Picture of SenderPhysique Yellow Colo ured Pack, 2 minute Noodles, fast to cook good to eat, Maggi Logo, respectable Snack between meals Relationship Taste bhi Health Bhi, providing convenient food within 2 minutes with health and hygiene factor, caring and nurturing Reflection Health Conscious individual who is Hard pressed for time, Young and Fun loving, living with family Personality Enthusiastic, simple, uncomplicated, easily accessible, Fun loving, carefree, On the move, busy schedule Culture Reliable, Innovative, aspiring(prenominal) Lifestyle for rural areas, Sharing happiness, responsible Self-Image Young, trendy, fun loving, Independent, Healthy inspite of Sedentary Urban Lifestyle Picture of Recipient Stages in PLC Maggi Noodles is currently in growth stage after passing by maturity stage for brief period in mid 1990s. Introductory and Initial Growth Stage Maggi Noodles brand was in introductory and growth stage in 1982 1990s. Maggi took advantage of its early movers advantage in closed economy scenario prevalent in India during 1980s. The brand approach less competition due to few similar products available in the market. Brand Maggi made best use of the time to increase its brand consciousness by focussing on product advertisement.The colloquy which was initially mis-directed towards women was shifted rightly towards children 16 years age group. Strong brand identity was created through iconic Yellow packaging. The pictorial representation of noodles with added vegetables helped strengthen the health factor. Umbrella brand Nestle provided the hygiene factor assurance. Maggi Noodles jocked Hum Log, Indias first endemical soap opera which began telecast on July 7, 1984. Maggi was launched with total advertisement slots of just 5 minutes during the breaks of serial which ran for over 156 episodes. This helped Maggi to establish as a public breakfast and snack food across the country. This was also one the first instances of introduction of Fast Food in India. Growth StageMaggi Noodles brand was in their growth stage in 1990s till late 2006 with brief period of declining sales due to faulty product innovation and formulae change from conventional maggi noodles in the form of launch of Dal Atta Maggi Noodles to noodles similar to TopRamen Noodles, noodles from stable of IndoNissinFoodLtd. Maggi was quick to revert back the original formulae to minimize damage. Product New Product Variants like Atta Noodles, composite Grain Noodles and Rice Mania were introduced Source http//www. maggi. in/maggi_multigrainz_noodles. aspx There was change in packaging for antithetical variants of the noodles and launch of new variants Image Source http//www. maggi. in/two_minutes_maggi_noodles. aspx Image Source http//www. maggi. in/vegetables_atta_noodles. aspx Price Price was kept competitive with other launches in the market like Nissins Top Ramen PromotionMaggi was launched in different packages of 50 and 100 gms to increase the consumer base and attract the first tim e consumers Variants like Cuppa mania was launched to cater to mobile population, office goers Source http//www. maggi. in/cuppamania. aspx Offering freebies like collectible foreign stamps, other freebies with maggi packs Maturity Stage Post 2009, there has been host of new entrants in the instant noodles market in India. ITC Launched its instant noodles under Sunfeast brand. GlaxoSmithKline consumer health and HUL also introduced instant noodles in 2010. The communication from Maggi has shifted from 2 minute noodles to Taste bhi Health bhi through introduction of variation in instant noodles.The competition has led to gradual fall in market share vis-a-vis other new entrants. New players are innovating in product packaging like launching noodles in circular shape so as to enable users to enjoy their noodles in full length. Market Scenario/Challenges Major challenge is to maintain the market leadership of Brand Maggi in increasing market with varied new entrants having strong mar ket presence in other product variants. To be increasingly viewed as the most preferred snack by new generation Strategy to increase Rural market share through launch of Maggi Rasile Chow targeting low income population Change of consumer taste from taste to health consciousMasala Flavour is the leading flavour in instant noodles in India either new players have also introduced masala flavour in their brand Chicken is the second favoured flavour followed by vegetable and tomato Horlicks Foodles claim to provide five essential vitamins in their noodles which forces the major market players to stress heavily on the health factor associated with their brands HUL Knorr Soupy Noodles claim to be healthy snack between meal for children Need for elaborate Market research for Maggi Brand on attributes like Brand Image, Prefered Price, Taste, packaging, Health, Availability, Ingredients, product variety etc. Steps taken at different stages Extensive media advertising to increase the consum ers familiarity with new product launches Wider flavours/varients being offered to cater to wide range of consumers Increased product penetration through accessibility in supermarkets, hypermarkets and kirana stores Product line extensions and repositioned products launched to engage new and changing consumer demographics Market Research was conducted to understand theGeneral promotional strategies were implemented to increase brand visibility Events Online Maggi expression Challenge, innovative entries were compiled into e-cookbook Launch of Me and Meri Maggi Campaign enable consumers to share their experience with Maggi and creating a nostalgic effect by letting them share their moments with Maggi . Launching Maggi goodies like ready reckoner Wallpapers and ScreenSavers to increase Brand recall , Website- http//www. maggi. in/ Preity Zinta was roped in for brand endorsement. Maggi was tried to position it as lively brand with zing Summary The Brand Maggi is powerfully establi shed as a Family Brand with crisp brand equity in Indian market. The brand has always been known to have the first movers advantage in the portfolios like noodles, ketchups, soups, sauce, etc.The parent brand Nestle has been the strong symbol of family, shelter and warmth which brand Maggi has innovatively capitalized. Evolution in communication Brand Maggi has changed its communication from convenience factors ie Bas 2 Minute to Taste Bhi Health Bhi to stress on health factors along with taste and convenience. There was a shift from TG from women to children as their consumers. To increase the Point of Purchase Sales, Maggi innovated in Shelf placing by placing Maggi in lower shelfs to increase the visibility by Kids who accompany their mothers to shopping. Maggi has launched Chota Maggi worth Rs 5/- to increase product trail.Maggi was positioned as snacks for between meals to boost sales and attract new customers without changing their conservative food habits during meal time. M aggi also introduced contests for posting best recipes to be made with Maggi. The future of noodles sectors seem good with growth in retail sales of 19% in 2010 in value terms and forecasted to grow at12% CAGR over next few years. Being a sector with low entry barrier, the segment share is vulnerable to new entrants like in-house brands of BigBazaar retail chains of Future group, More of Birla Group, Star Bazaar from TataGroup etc. and host of foreign players entering the market lately.Major Noodles manufacturing firms market share (Source EuromonitorInternational Report) Figure Market estimate for Noodles market in India Recommendations for Brand Maggi Proliferation into untapped rural markets through strong distribution channel available in India Product line extension with variants for varied markets Innovation in Product, packaging and pricing of Maggi Noodles through investment in Market Research Launching health awareness campaigns, publish health information, sponsor health camps etc. to educate the customers about benefits of health foods To engage customers more through evolving mediums like social networking sites etc. This would enable the Maggi Brand Managers to listen to reviews from their customers and improvise any other suggestions if needed.

Comment on Shakespeare’s portrayal of Othello

In Shakespeares time black people were classed as second-class citizens. They were a great deal looked at as devil- comparable and evil. This was, however, a stereotypical view, often accepted by the people of Shakespeares day.People looked at the Bible to show that black people were devil-like and evil. The Bible tells the story of Noah and the Ark. In the Ark it was forbidden to take on children, as there would not be enough food. However, Ham, one of Noahs sons, decided to disobey these rules, as he wanted to have the son who would be ruler of the world. When Noah ready out and they returned to land, Noah banished Ham to Africa. Ham had committed sin and was evil and devil-like because he had disobeyed his father for his own self-interest, risking the lives of others in the Ark. As black people were said to have originated form Africa, where Ham was banished, they could be descendants of Ham, who was evil, and therefrom black people were evil and devil-like too.Black people we re also said to be over-sexed, unstable, irrational, suffer from fits, and be devil-like. In the prejudiced mind, Shakespeare presents Othello to match all of these stereotypical categories that black people were said to be. People with an open mind, however, can simply see that Othello is a hu composition in heat.In Act 4, Scene 1, line 40, Othello has a fit. This matches with the stereotypical view that back people have fits. However, Othello has a fit because he was in a rage. The reason being that he had become so disturbed by the stories of his beloved wife having been unfaithful. It is possible for anyone, white or black, to have a fit if they were as distressed as Othello was.Othello whitethorn be seen as over-sexed. He talks in a very passionate manner. Shakespeare presents Othello to have a glorified situation of his and Desdemonas affection for each other. It is more likely therefore, that Othello is infatuated in their love than over-sexed. The depth of his passionate language, in which you can see that his love is more than a hallucination, is shown end-to-end the beginning of the play. Amen to that, sweet powers/ cannot speak enough of this content/ it wampum me here it is too much joy(II i 188). Othello declares this aft(prenominal) he and Desdemona are reunited after their journey to Cyprus. Othello is talking passionately to Desdemona, however, this does not immediately march him of being over-sexed, it shows the love he is sharing with Desdemona.Othello could be seen as irrational when he kills Desdemona by smothering her, Act 5, Scene 2, and Line 85. Iago, however, is far more irrational then Othello ever could have be seen to be and Iago is white. Iagos irrationality can be seen in one of his soliloquies. Ill have our Michael Cassio on the hip, / Abuse him to the Moor in the rank garb-/ For I fear Cassio with my night detonator too-(II i 286-288). Here Iago is saying how he believes his wife has been sleeping with Cassio, of which h e has no verification. He says in effect that he wants Cassio dead. This shows Iagos irrationality because he has no reason to have Cassio dead, or to even contemplate that he has slept with his wife. Iago provokes many deaths, without remorse, which shows that he has extreme irrationality.Being devil-like was another typical view people had of blacks. Othello fleck he is in a rage could be seen as devil-like. Therefore confess thee freely of thy sin/ For to deny each article with oath/ Cannot sequester nor choke the strong conception/ That I do groan withal. Thou art to die (V ii 54-56). Othello speaks these haggle to Desdemona before he murders her. Othello has no prove of her infidelity, except from what Iago has told him. Othello is in a huge rage as he is or so to kill her and therefore could be seen as devil-like.Iago is also very devil-like, more than Othello and he is white. This contradicts the stereotypical view of black people in Shakespeares time. Act 5 Scene 2 Line 235 Iago kills his wife Emilia for speaking of Desdemonas faithfulness, therefore showing Iagos deceitfulness.Shakespeare cleverly presents Othello stereotypically, entirely also as a normal person. He could have done this to suit the different audiences, but he may have used these contradictions as a way of making people less prejudiced. Shakespeare thought carefully about the presentation of Othellos character as it shows both sides of a black man.Othello is a great general who has also won the affections of a white woman. Shakespeare was not the first to have presented a black man on stage. But he was the first to have not presented that black character as beastly and ferocious. He presents a warrior with great passion.Othellos language throughout the play is full of great passion. Alls well now, sweeting come away to bed(II i 234). This is one example of Othellos passion. At this point in Othello his passion is simply towards Desdemona in a loving way. As Othello develops, O thellos passion changes as he becomes wrapped in a passion of jealousy. Othello then becomes an uncontrollable, violent man. Othello never stops his passionate loving for Desdemona but feels it his duty to kill her before she breaks more mens hearts. Yet she must die, else shell betray more men(V ii 6). Othello says these words to himself while Desdemona is sleeping, before he is about to smother her.At the beginning of Othello you would never have thought that anything could ever come between a suspender bearing so much love for each other. However, all that was needed to break this loving couple apart was Iago, gently introducing ideas, mentioning, just little things like Cassios quick departures from Desdemona. Cassio, my lord No sure I cannot think it/ That he would steal away so guilty-like, / Seeing you coming.(III iii 38-40). Iago keeps slipping in comments about Desdemona, until Othello becomes so caught up with jealousy that he is convinced of his wifes unfaithfulness. As Othello has so much passion, his anger is brewed into a huge mental tornado, which takes time to build up, but when at full strength can destroy even what seem like the strongest things, Othello and Desdemonas marriage, and resulting in the death of Desdemona.

My Plans For The Future Essay

Time to become an adult has come. Having an independent life has some happy and strong moments. However, these situations improve our life in several enriching ways. At this point in the life we construct to define our goals and start working for them. When we become an adult we have two choices, and you tail end choose the one that could take you to the top, or you can take the easiest one and be just another person of the common people. On December first 2012, I arrived to New York State. At my 20 years old, I had to leave my homeland and I was responsible for my life and my own decisions boththing was hot for me. It was like jumping into the water not knowing how to swim. Now, I am working with my uncle in his own business, I never thought that I am going to be involved in this kind of business.Read more Future plan essayWe sell and repair cars. I learned as fast as I could and now I can say that I have some knowledge about cars. On the other hand, I am attending at college I want to get in the business major but I am still taking ESL classes because every day as a foreign student I need to learn more English as I can. I feel joyful that I can speak English and understand it more than before this way I can accomplish my goal which is finish my education in other language, in a other country and by my own effort.To finish my short introduction, I would like to emphasize that this is one of the most authoritative experiences of my life because I have learned how import is our family and sometimes we do not appreciate that when they are with us. I am growing as a person and as a professional, but I know all of this effort that I am making it worth. I hope that I can accomplish all my goals that I have I my mind ,but I know that I will with the Gods blessing we can do whatever we want.

Academic success is more than just getting high grades

Academic success has been found to be strongly associated with fiscal success, societal mobility, gamy educational attainment and even higher occupation places ( G quondam(a)haber, 1996 ) . This would intend that educational experiences should jointly fix the scholar for the disciplinemanian necessarys of higher cultivation in line of battle to see imperious pedantic general initiation that would take to academic success. Academic success is to a greater extent than merely acquiring high classs and executing magnificently in class demands and tests, it is a positive manifestation of the disciples ability to larn from their categories and to take what they drop learned into a working apprehension of their chosen argonna ( Walberg & A Bast, 2004 ) .Academic success in college hitherto has non been the focal imply of high discipline run of studies the chief intent of high tutors is to graduate learners and to be able to measure up them for rise to power to c olleges. In consequence, it was found that the inter flowship betwixt high cultivate plans and college escape of pick out is inconsistent at silk hat ( Gradstein & A Justman, 2005 ) . High disciplines have given more focal point on acquiring their alumnuss into college, without much idea about how their pupils would execute in college. It is commonly assumed that the old ages spent in old educational degrees would finally fix the pupil for college. However, the nexus between high drill and college frequent introduction remain to be weak and the association seems to be mediated by other factors such as socioeconomic position, role of enlighten ( Bedi & A Garg, 2000 ) , reputation and course of study.College universe display has been found to be influenced by high school classs nevertheless, the influence was minimum and was merely squ atomic number 18 at the start of first year. High school classs were non able to foretell college ordinary demo in the higher c ollege old ages. This would as well back up the findings that high school instruction does non concentrate on the instruction of accomplishments and science that would guarantee academic success in college ( Waters & A Marzano, 2006 ) . The weak nexus between high school classs and college nevertheless was pointed out to be due to the fact that during the tertiary and 4th twelvemonth in college, courses become more specialised and geared towards the pupils major. It has been argued that high school classs predicted academic general showing during first-year twelvemonth where pupils need it most. On the other manus, some argue that college human race notification is more of import in that it teaches the pupil the accomplishments and cognition necessary for the pattern of a calling or profession.Aside from high school classs, old searches on college success had identified the impressiveness of the pupils attitudes towards their scholarship and experiences in the university . Attitudes have been found to be strongly related to unmatched s behaviour, therefore, it would follow that the more positive the attitude is, the more positive the behaviour entrust be ( Petty & A Krosnick, 1995 ) . Consequently, negative attitudes had been found to be associated with negative and destructive behaviour ( Eason, Giannangelo & A Franceschini III, 2009 ) . It would overly follow that the more pleasant and positive the attitudes towards acquisition, so, the better the public demo in one s classs. Positive attitudes had non been systematically associated with higher motive or better public presentation, but the relationship of negative attitudes to behavior has been good documented. Negative attitudes about ever led to hapless public presentation, hapless classs and less engagement in the school. Furthermore, less than positive attitudes towards the school or the university in general had been found to be prognostic of dropouts and abrasion rate ( Spillane, 2010 ) . It is hence of import for colleges and universities to measure their pupil s attitudes and experiences in the university in order to add together plans and establish policies that would promote positive attitudes and better acquisition.College public presentation has been traditionally measured utilizing college classs such as grade point average and admission foot race tonss. College admittance trials non merely screen and topographic point pupils into different classs, but it step prior acquisition, which high schools tin ( Greene & A Kang, 2004 ) . However, since high school classs depose non wholly predict college success, other pertinent variables that had been associated with college success has to be investigated in order to place which factors impact college public presentation and success. One of the most researched factors is that of school type ( Quah, Lim & A Brook, 2010 ) .The argument on clannish versus public instruction had spurned legion discourse and sur veies on how type of school might act upon academic public presentation, particularly high school instruction and how it affects college public presentation ( Epple, Figlio & A Romano, 2004 ) . Like high school classs, the inconsistency between offstage and public school instruction as it pertains to college academic public presentation had been inconclusive ( Sandy, 1989 ) . The difference in the public presentation of pupils from individual(a) high schools compared to pupils from public schools were minimum, and decreased even more when the pupils reached higher twelvemonth degrees in college ( Jimenez & A Sawada,2001 ) . However, what was a consistent determination from these researches was the observation that head-to-head school alumnuss tend to execute better academically, tend to grant higher tonss in admittance trials and operation trials.Educators and educational research workers have accepted the persuasion that clandestine school pupils do better when compared t o public school pupils even when all confounding variables had been controlled such as socioeconomic position and intelligence ( Frey, 1992 ) . With this logical argument the inquiry of what is the difference between private and public schools and why is it that private schools tend to bring forth better scholars and answering artists than public schools need to be answered. At first pedagogues frequently cited the difference in the distinguish of pupils catered to by the private schools from the public schools and pointed out that the difference in public presentation can non wholly be accounted to the type of school ( Buddin, Cordes & A Kirby, 1998 ) . Factors such as old acquisition, course of study, socioeconomic position, house suck background and civilization influenced academic public presentation ( Coleman & A Hoffer, 1987 ) . Recently, the consistent findings that indicate that private school pupils perform better academically have made educational research workers a nd theoreticians rethink their premises. interrogation conducted in Europe and Asia ( Cox & A Jimenez, 1990 Psacharopoulos, 1987 ) has reported that private school pupils do execute better in academic related undertakings than their public school opposite numbers ( Ridell, 1993 ) .Arguably, type of school is related to college public presentation, being that private school alumnuss besides perform better in college than public school alumnuss. Since, the observation is in the type of establishment or organisation, so factors that might explicate why private school alumnuss are academically better prevarications in the organisational features of the schools and non so much on the sort of pupils they produce ( Walberg & A Bast, 2004 ) . It is besides more appropriate to place which organisational factors had been found to act upon pupil outcomes more than either other factors ( Dee, 1998 ) . Literature on school pick and answerability have pointed out that school prima(p) to a g reat extent influences the entire grapheme and public presentation of a school. Furthermore, the school s course of study was pointed out as a cardinal determiner of the sort of preparation and vigilance that the pupils receive ( Wray, 2007 ) . Besides, the sort of instructors that schools employ to learn the pupils besides play a immense function in the tuition procedure of the pupils, schools differ in their instructor demands, and it would realise that private schools have stricter guidelines when it comes to the choice and enlisting of instructors ( Greene & A Kang, 2004 ) . check leading has been found to be a primary index of the quality of pupil and school results ( Bess & A Goldman, 2001 ) . Schools with a more involved and motivated leader have been found to be associated with better teacher-parent relationships, less school force, higher achievement trial tonss and higher graduation rates. On the other manus, schools with hapless leading fail to make expected school public presentation in footings of pupil accomplishment and are related to higher dropout rates, higher instructor abrasion and school force. School leading has besides been associated with better acquisition environments and the development of plans and step that cultivate the academic and personal development of pupils ( Bryman, 2004 ) . School principals by and braggy assume leading functions and they manage, motivate, lead and countenance the instructors, forces and pupils and construct positive relationships with parents and stakeholders. Principals by and large stay in one school for non less than 3 old ages so that they would be able to establish alteration and make a school civilization for that school ( Chance & A Chance, 2002 ) . Hence, it is of primary importance that school principals and the sort of leading they pattern would supply rich study on the difference between private and public schools.The really kernel of a school is found in its course of study. The sch ool s course of study provides the acquisition subjects, the instructional stuffs, the educational attacks and larning aims every bit good as the school s topics and class offerings ( Bishop, 1995 ) . thither are different types of course of study and it frequently reflects the civilization and the mission and vision of the schools ( Kelly, 2009 ) . Schools differ in their course of study offerings because schools tailor fit their subjects and larning activities to the world of the pupil population that they cater to ( Deng, 2010 ) . If the school generally provide developing in the humanistic disciplines, so the course of study would be geared towards the instruction of the different art signifiers and supply the chance for the look of said art signifiers. Alternatively, high schools that follow a more scientific discipline and maths-based course of study would besides plan a course of study focused on the instruction of more math and scientific discipline topics.A closely relate d factor to course of study is the quality and learning accomplishments of the school s module. Teachers have been trained in different topics so that they could supply a holistic acquisition experience to their pupils. The act of instruction is nevertheless more than merely giving treatments and quizzes. Teachers who consequence alteration or motivate pupils to execute more those who facilitate acquisition and the command of accomplishments are the sort of instructors that provide quality instruction to the pupils ( Murray & A Male, 2005 ) . Public schools by and large have similar instructor demands and frequently follow what the jurisprudence authorizations, date private schools may be more discriminating and have stringent instructor demands. Therefore, it would follow that better and more effectual instructor are recruited and retained by private schools because they can offer them better wage and benefits and professional support ( Murray & A Male, 2005 ) . If better inst ructors are in the private schools, so public school pupils are already at a disadvantage.The present be testament be analyzing and researching the college public presentation and attitudes of college pupils and distinguish private and public schools in footings of school leading, course of study and instructor demand. The college public presentation provide be measured utilizing the university database on the admittance trial tonss and GPA in first-year twelvemonth patch the comparing and contrast of private and public schools will be discussed through an consultation with school caputs or decision makers harmonizing to leading, course of study and instructor demand in the province of capital of capital of Kuwait. bowment of the ProblemThe influence of old larning experiences to future academic public presentation has been the topic of research in acquisition and school psychological wisdom as it has been established that there is an association between the types of old exper iences to the degree of academic public presentation that pupils manifest. For illustration, pupils with prekindergarten instruction perform better in kindergarten than kids who did non hold any educational experience. In add-on, pupils who take progress classs in math and scientific discipline in high school, do better in math and scientific discipline classs in college ( Murray & A Male, 2005 ) . Furthermore, groundss of such influence can besides be found in the admittance trial tonss and the general point average of high school pupils upon admittance to college. Students who have high admittance trial tonss and high school GPA have better classs in their college classs than pupils who have low tonss and low mean GPA.Equally of import as the old acquisition experiences are to future academic public presentation, the type of school is besides an every bit of import factor that influences future academic public presentation. Previous literature had reported that there is a differe nce in the college public presentation of pupils from private and public high schools ( Schlesser & A Finger, 1963 ) . Being, that pupils from private high schools tend to make better academically than public school pupils in college. This underscores the research job of the present sight, which is to set up the difference in the college public presentation and attitudes towards university of college pupils from private and public high schools. Furthermore, the supposed difference between private and public schools will be assessed in footings of school leading, course of study and instructor demand. The job that this survey aims to decide is why and how does private schools produce alumnuss who perform better academically in college.Variables of the StudyThis survey on the college public presentation and attitudes of college pupils towards university experiences as a map of the difference between private and public schools in footings of school leading, course of study and instru ctor demand will be researching and analyzing a figure of variables. The first variable is college public presentation this would mention to the academic public presentation of college pupils in Kuwait University. This will be operationally measured as the college GPA of pupils in Kuwait University from the first to the 4th twelvemonth degree from 2006 to 2010. The college GPA has been chosen in this survey, as it is a manifestation of the public presentation of the pupils in their single categories. Teachers assign classs to pupils commensurate to their public presentation and command of the said class.The 2nd variable is the attitudes of the pupils towards their experiences in the university. This will be measured utilizing an interview protocol designed to measure the ideas, feelings and behaviour of the pupils towards the different facets of university life, such as larning experiences, instructor qualities, socialisation, learning resources and support and acquisition environm ent. Selected pupils will be interviewed to pull a rich description of how pupils perceive the quality of their acquisition experiences. The 3rd variable has to make with the premise that private and public schools differ as an organisation, and such factors include school leading, course of study and instructor demand.School leading will be assessed in footings of how school decision makers manage and take the school as a individual organisation. Curriculum will mention to the educational model and class offerings of the school while teacher requirement pertains to the needed competences, accomplishments and educational preparation of instructors hired in the schools. These variables will be assessed through an interview of 10 school decision makers, where each half heads a public and private high school severally. It is hopes that the interviews will wrap up the difference in the organisational features of private and public schools in the State of Kuwait.Purpose of the StudyThe intent of this survey is to find the being of the difference and advantage of private school alumnuss from public school alumnuss in relation to their academic public presentation in college. This difference will be identified utilizing the college GPA of the pupils from first to the 4th twelvemonth degree. The pupils GPA will be accessed through the university s records database and will be categorized into private and public school alumnuss. This aim is necessary to back up and give grounds of the findings of the old literature on type of high school and college success.A 2nd intent of this survey is to place and depict the attitudes of college pupils towards university experience and to happen out if the attitudes of private school alumnuss differ from their public school opposite numbers. This would enrich the first research purpose, since it would supply a more accessible and human component in the survey. Students are expected to differ in their perceptual experience of unive rsity experiences and it is interesting to happen out whether such outlooks will be proved correct or incorrect in the visible radiation of their old educational experiences.A 3rd intent of the present survey is to find why and how private high schools produce alumnuss who perform academically better than public school alumnuss do. This will be explored utilizing an interview of school decision makers on their type of school leading, course of study and instructor demand. The mentioned organisational factors had been found to strongly act upon the quality of instruction that the school provides its pupils than any other factor. The learning experiences of pupils is frequently dependent on the sort of leading that the school decision maker has, it is besides dependent on the course of study of the school as it identifies which topics are offered and what accomplishments are mastered. Last, instructor demands is besides included since instructors facilitate and provide pupils with lea rning activities and their ain command and accomplishments in their topic and instruction impacts pupil acquisition.Significance of the StudyThe private versus public school argument is still a critical issue among parents, pupils, school decision makers and pedagogues since it places one type of school in competition with another school. Research on the differences of pupil results between private and public schools have repeatedly shown that private school pupils do better in steps of academic public presentation such as accomplishment trials, diagnostic trials, admittance trials and college GPA. This observation has besides been found in other states in Europe and Asia where private schools by and large outperform public schools in footings of achievement trial tonss ( Zembat, KocyiAYit, TuAYluk & A DoAYan, 2010 ) . In the State of Kuwait, more pupils attend public than private schools and more Kuwaitis attend public school while aliens who reside in Kuwait p mention to go to pr ivate schools.The significance of this survey to the educational system of the State of Kuwait is apparent, as it will supply cognition of the public presentation of private and public school alumnuss in college and cognize whether the difference in the public presentation of the said schools is true in the State of Kuwait. This survey will besides take to a better apprehension of how pupils perceive their experiences in the University of Kuwait and will assist the university functionaries come up with plans that would better and keep the positive attitudes of pupils towards the university. Furthermore, this survey would besides supply the educational sector of the State of Kuwait and the field of instruction in general information and apprehension of the difference of between private and public high schools in footings of school leading, course of study and instructor demands. This survey is besides expected to clarify information that will explicate why private schools produce bet ter executing pupils in college and in other steps of academic public presentation. Last, this survey would besides enrich the literature on the private and public school argument in footings of its quantitative and qualitative attack to this survey.Research Questions and HypothesissThis exploratory survey on the college academic public presentation and attitudes of college pupils towards university experiences as a map of differences among private and public high schools in footings of school leading, course of study and instructor demands in the State of Kuwait will supply replies to the undermentioned research inquiries.What is the difference in the academic public presentation of college pupils in the University of Kuwait in footings of their GPA and type of high school?What are the attitudes of college pupils towards their experiences in the University of Kuwait?What are the differences between private high school alumnuss and public high school alumnuss in their experiences in the university?What are the most prevailing leading manner, course of study and teacher demand among private and public high schools in the State of Kuwait?How make private and public high schools differ in their organisational maps in footings of school leading, course of study and instructor demand?What are the deductions of the differences in the leading, course of study and teacher demand among private and public high schools to college academic public presentation?Aside from the research inquiries, a few research hypotheses will besides be tested in this survey in order to set up that there is an apparent difference in the college public presentation of pupils from private and public high schools in the State of Kuwait. This survey aims to prove the undermentioned hypothesisPrivate high school alumnuss have higher admittance trial tonss than public high school alumnuss in the admittance trials of the University of Kuwait.Students who graduated from private high schools have hi gher college GPA than pupils who graduated from public schools.There is a important difference in the admittance trial tonss and college GPA between pupils from private and public schools.Restrictions of the StudyThis survey on the difference of college public presentation and attitudes towards university experiences as a map of the difference in the school leading, course of study and teacher demand of private and public schools in the State of Kuwait have a figure of restrictions that are built-in to the survey. The first restriction is in the usage of admittance trial tonss and college GPA as steps of college academic public presentation, since it does non take into history the possible effects of ripening and acquisition. Students ability to reply trials and tests and complete documents and demands are to a great extent influenced by their survey wonts, intelligence, and personality to call a few. However, admission trial tonss and college GPA are the most apparent merchandises of the pupils acquisition and work in their old school and in their topics in college. Since this survey involves the usage of the full college database, the sheer figure of pupil tonss and GPA in this survey will reply the said restriction, as it will guarantee a robust sample size that is closest to the true population.A 2nd restriction of this survey is the usage of one on one interview as a information aggregation method for the attitudes of college pupils towards university experiences and the difference in the school leading, course of study and teacher demand of private and public schools. The interview is a subjective method and sometimes the research worker has no control over what the interviewee will happen interesting and deserving sermon about, sometimes it is beyond the research aims of this survey. Furthermore, since the school decision makers will be interviewed, there is no manner of cognizing whether the school decision makers are being true or non. However, thi s survey will be following an interview protocol, which will guarantee that the same inquiries for each participant will be asked, therefore belongings standardisation of the interview procedure.Definitions of FootingsIn order to depict and operationally specify the variables of this survey, the undermentioned definition of each variable and footings used in the present survey is provided.College academic public presentation refers to the general public presentation of the college pupil during his or her college instruction in the University of Kuwait. Academic public presentation is differentiated from public presentation merely as it pertains to the public presentation of the pupil in his or her topics, which is given matching classs. These classs are assumed to reflect the sort of attempt and cognition that the pupil brings to his or her college classs ( Schlesser & A Finger, 1963 ) . In this survey, college academic public presentation is measured in footings of the admittance trial mark and the college GPA of the college pupils.Admission trial tonss refer to the tonss of the pupils in the admittance trial of the University of Kuwait. The trial is given to graduating high school pupils and serves as a showing and placement step for admittance to college ( Schlesser & A Finger, 1963 ) . The tonss that will be used in this survey will be the entire percentile rank tonss of the pupils.College GPA or grade point norm refers to the mean class of the pupil for a given twelvemonth. Since all pupils from 2007 to 2010 will be included in the survey, college GPA for each twelvemonth degree will be represented. The college GPA is computed harmonizing to the figure of unit credits of a given topic and multiplying the figure of units with the topic class. All of the ensuing capable classs will so be averaged to bring forth the GPA ( Schlesser & A Finger, 1963 ) .Attitudes refer to the psychological province of wishing or disliking a certain object, event, organisat ion, experience and societal phenomena. Attitudes are normally cognitive and are manifested through one s behaviour, emotions and thoughts ( Petty & A Krosnick, 1995 ) . In this survey, attitudes towards university experience will be explored utilizing single interviews of college pupils.Private schools refer to the type of school found in most societies. Private schools by and large are run and owned by private groups and persons. These types of schools are for or non for net income and pupils normally pay a certain fee to go on analyzing in the assistance schools ( Greene & A Kang, 2004 ) . In this survey, private schools in the State of Kuwait will be identified harmonizing to the list of schools provided by the Ministry of Education of the State of Kuwait.Public schools refer to the type of schools that are largely operated and managed by the populace and the authorities. Public schools provide entree to instruction for most members of society and are frequently free of charg e. These schools are subsidized by their authorities and are the mass of the educational system of any state ( Greene & A Kang, 2004 ) . In this survey, public schools will be identified harmonizing to the list of schools provided by the Ministry of Education of the State of Kuwait.School leading refers to the sort of leader and the leading manner of a given school decision maker ( Spillane, 2010 ) . In this survey, school leading is described by the school decision maker in their response to the interview inquiry of the present survey.Curriculum refers to the school s set of classs and topics which predetermine the sort of cognition and accomplishments that will be taught to the pupils. Curriculum in formal instruction means a larning plan from which the topics, content, accomplishments and stuffs for the instruction and acquisition of the pupils are based ( Fraser, 1981 ) . In this survey, the school decision makers will depict course of study in footings of how it was designed, developed and implemented.Teacher demand refers to put of accomplishments, cognition, experience and preparation that a instructor should hold before using for a teaching occupation ( Koster, Brekelmans, Korthagen & A Wubbels, 2005 ) . The Ministry of Education for the public schools frequently determines instructor demands, but private schools have more style for recruiting and choosing instructors harmonizing to a more rigorous instructor demand. In this survey, school decision makers will besides depict teacher demand for both private and public schools in item.