Family Law Answers to Problem Questions

Family Law Answers to Problem Questions Family Law Introduction The law of divorce is governed under the Matrimonial Causes Act 1973 where it provides the sole ground for divorce, namely that the marriage between Jason and Sandra has broken down irretrievably.[1] Nevertheless, in order to establish irretrievable breakdown, Jason will have to show that one of the five facts listed in section 1(2) of the MCA 1973 has been established on proof (Richards v Richards)[2]. Meanwhile, it is notably that the court in England and Wales is given a wide power in determining the arrangement of children between the Jason and Sandra. Since Jason and Sandra are married, they both have parental responsibility for Joyce and Tom[3]. Their parent responsibilities will not be terminated even if the court grants them a decree of divorce. By virtue of CA 1989, the focus is on the welfares of the children[4] and thus the welfare checklist set out in section 1(3) of CA 1989 will be taken into account by the court in deciding whether to grant share residence to Jason and Sandra and to limit Sandra’s contact with Joyce and Tom. Divorce between Jason and Sandra Since the marriage between Jason and Sandra has lasted seven years, Jason is not restricted by the absolute bar on the presenting of petition for divorce within one year of marriage imposed by section 3(1) of the MCA 1973. Jason is allowed to petition for divorce if he is able to establish one of the five facts set out in section 1(2) of the MCA 1973. Adultery and Intolerability: section 1(2)(a) The first possible fact that Jason would rely on is that if adultery and intolerability contained in section 1(2)(a) of MCA 1973. In order to successful in this claim, Jason would have to show that Sandra has committed adultery and he finds it intolerable with her. In Dennis v Dennis[5], adultery is defined as a voluntary act of sexual intercourse between Sandra and another person who is of the opposite sex. On the fact, Jason’s brother saw Sandra and Craig having dinner at a local restaurant and then leaving the restaurant together late at night, holding hands and getting into the car. According to Sapsford v Sapsford[6], It is unlikely that this incident is sufficient to constitute a ground of adultery as there is no evidence of sexual intercourse between Sandra and Craig. However, following the case of Farnham v Farnham[7], Jason would want to raise a rebuttable presumption that Sandra has committed sexual intercourse with Craig by using the circumstantial evidence of incli nation and opportunity. However, it is unlikely this claim will be successful as the circumstances does not in any sense suggest that Sandra and Craig have indulged in sexual intercourse. Further, it must be noted that, adultery is a serious accusation to make and thus the courts have always insisted on strong evidence to allow such accusation.[8] Even if adultery can be established, Jason would have to show that he finds it intolerable to live with Sandra while the intolerability need not follow from Sandra’s adultery (Clearly v Clealy)[9]. According to Goodrich v Goodrich[10], the intolerability test is to be accessed subjectively and thus Jason could rely on the fact that he cannot cope with Sandra’s increasingly volatile behaviour and claims that it is intolerable to live with Sandra. Unreasonable Behaviour: section 1(2)(b) A more realistic option for Jason is section 1(2)(b) of MCA 1973, where it provides that Jason can rely on the ground of ‘unreasonable behaviour’ if he can establish that Sandra’s behaviour is such that it is unreasonable for him to continue living with her. According to Livingstone- Stallard[11], the focus is not on the gravity of the behaviour per se but on its impact on Jason. Following O’Neill v O’Neill[12], the test under s.1(2) is to be accessed both objectively and subjectively, the objective aspect concerns whether Jason is reasonably expected to stay with Sandra , while the subjective part takes into account the personalities of Jason and Sandra. Since we are told that Sandra’s behaviour becomes increasingly volatile, the chance that Jason will succeed in this claim would increase. It is likely that Sandra’s unreasonable behaviour can be established, it is then necessary to look at the character of Jason and Sandra and decide whether they can be expected to stay together reasonably (Ash v Ash)[13]. It can be pointed out that Sandra is having an adulterous relationship with Craig and this it might not be reasonable to expect Jason to live with her. At this point, it is arguable that the court will grant a decree of divorce on the ground of s.1(2)(b) based on Sandra’s behaviour that makes Jason cannot be reasonably expected to stay with her. Arrangements in relation with Joyce and Tom By virtue of section 2(1) of CA 1989, both Jason and Sandra owe parent responsibilities toward Joyce and Tom. Such responsibility is defined in section 3(1) as ‘all rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and its property’. This right continue even after Jason and Sandra divorce. Nevertheless, under section 1(5) if CA 1989, Jason and Sandra are required to file a statement of arrangements for the children, detailing the measures that have been resolved between them and also the unresolved issues. On the facts, there are two issues to be considered in regards with Joyce and Tom: who should the children stay with and the extent of Sandra’s contact with the children. In regards with these unresolved issues, the court is able to make the child arrangements order under section 12 of the Children and Families Act 2014 which replaces the orders previously knowns as residence orders and contact orders contained in section 8 of Children Act 1989. The change of terminology supposed to move away from emphasis of ‘resident’ and ‘non-resident’ parent and shift the focus onto the children’s welfare[14]. In the other words, the court will take into account the welfare checklist set out in section 1(3) of the CA 1989. The Welfare checklist includes the ascertainable wishes feelings of Joyce and Tom; their physical, emotional and educational needs; the likely effect on Joyce and Tom in their circumstances; Joyce and Tom’s ages, sex, backgrounds and other relevant characteristics; any harm which they have suffered or are at risk of suffering; and how capable Jason and Sandra and Craig are meeting Joyce and Tom’s needs. We are told that Joyce is five years old and Tom is at an age of three. They are still young and might not be able to express their true wishes and feelings with regards to the issue of residence and contact and thus it is unlikely that the court will give weight to their wishes (Stewart v Stewart)[15]. In regards with their needs, even though there no presumption that a child’s emotional and physical needs are best met by the mother, the case law has showed a preference for keeping young children with their mother [Re S (a minor) (Custody)][16]. However, in Re H (A Minor)[17], it was held that the time has changed and that many fathers were as capable as mother of looking after small children and this may lead to a decision that in favour of Jason. Further, the facts that Sandra is under depression and her plan to move in with Craig, who is also has anger management issues will be taken into consideration under section 1(3)(e) by the court. Lastly, the capabilities of Jason a nd Sandra in meeting Joyce and Tom’s needs will be considered as well. Here, it is likely that Jason would have a good chance of obtaining a residence order as the facts that Sandra and Craig is starting a new relationship and there is no evidence that Craig seems to fit the stereotype of the replacement father. However, even if the court grants a residence order in favour of Jason, the parental responsibility of Sandra towards Joyce and Tom will not be terminated. According to Re R (A Minor)(Contact), Sandra will be granted a generous contact with Joyce and Tom because the court is on the view that ‘it is a right of a child to have a relationship with both parents wherever possible’.[18] The fact that both Sandra and Craig are under anger management course will deny Jason’s claim that Sandra has a mental condition that makes her inappropriate to be in contact with Joyce and Tom. (1500 words) Part 2 Introduction In 1956, the concept of no-fault divorce was first put forward by the Morton Commission in their report on the basis that the divorce law prior to that date has encouraged acrimony between the parties.[19] Such approach was taken by a series of Law Commission reports and led to the Introduction of Divorce Act 1969, which was later consolidated to the legal provision in use today, namely the Matrimonial Causes Act 1973. Section 1(1) of MCA 1973 provides that irretrievable breakdown of marriage is the only ground for divorce and this can only be established if one of the five facts listed in section 1(2) of the MCA 1973. There are two no fault facts that can be relied to establish divorce, namely the two years’ separation with the respondent’s consent to the divorce [section 1(2)(d)] and the five years’ separation [section 1(2)(e)]. However, the facts that the number of petition under these no-fault facts are much lesser than the fault facts of adultery [section 1( 2)(a)] and unreasonable behaviour [section 1(2)(b)] raises a question that whether the law of divorce in England and Wales can really be described as one of ‘no-fault’? This essay will argue that identifying who is at ‘fault’ is still very much a feature of the divorce system in Wales and such element can be proved decisive in determining issues such as division of financial assets, child contact and residence. Such approach was also put forward by John Eekelaar that the law that the current law of divorce is ‘deeply corrupting by the law itself’ as the individuals are prevented from accessing to their legal rights conferred on them by law.[20] Application of ‘no-fault’ divorce In order to obtain a speedy divorce, it is more likely that the parties to a relationship would be more willing to rely on fault- based divorce. The courts have taken a strict approach in allowing a non-fault divorce and the degree of separation does not limit to the normal notion of physical contact but it also involves mental element. For instance, in Mouncer v Mouncer, regardless the facts that the parties were slept in separate bedrooms, it was held that they were living apart as they continued to spend time with their children together.[21] At this point, it can be concluded that the law has failed to provide an effective method of no-fault divorce and this forces the party to a relationship to initiate a divorce claim by alleging fault on the part of the other party. In the other words, the law has failed to fulfil its original objective that to enable the parties of a marriage to end their relationship with minimum bitterness and hostility. Fault remains as an important exists that dominate the law of divorce in England and Wales today. Despite its decisive role in establishing a ground for divorce, the courts have also emphasised ‘fault’ of the parties in determining the consequences of a relationship breakdown. Division of financial assets and Child contact and residence According to Thorpe J in Dart v Dart, the court are given wide discretion to make orders which suits the needs of individual cases, albeit guided by the various factors set out in the statutory framework. With regards to the financial distribution on marriage breakdown, section 25(1) of the MCA 1973 required the court to take into account to all circumstance of the case, whereby section 25(2)(g) provides that the conduct of the parties is one of the factors that should be considered. Even though, it is arguably that the introduction of no-fault divorce by MCA 1973 reduced the significance of fault in determining the distribution of property, but by reviewing the case law, the outcome of the reform is somehow disappointing. In K v K, the court held that the husband was not entitled to his wife’s assets due to the facts that he had sexually abused his wife’s grandchildren.[22] Also, in H v H (Financial Relief: Attempted Murder as conduct), the wife was given a greater pri ority in the financial distribution because the husband had attacker her with knives and was convicted of attempted murder.[23] It is apparent that the fact that a spouse has behaved very badly will inevitably affect his or her entitlement to a greater priority in the financial distribution, and this encourages further animosity between the parties. As a result, section 25(2)(g) was highly criticised as it undermines the aim of the law to remove incentive to make allegations of fault in order to divorce peacefully. On the other hand, it must be noted that, by virtue of section 2(1) of Children Act 1989, the parental responsibility of the parties remains even after divorce. In determining the issue in relation to child contact and residence, the welfare checklist set out in section 1(3) of CA 1989 plays a prominent role in the decision making. Within the checklist, there is no reference to the ‘fault’ element at the part of the parents, but the courts are tend to grant the relevant order in favour of the ‘innocent’ parent with the conception that it will be the children’s best interest not to stay or even in contact with the ‘fault’ parent, particularly in the cases of domestic violence. Conclusion In conclusion, it is undeniably that the approach to divorce in England and Wales cannot be described as one of ‘no-fault’ as the ‘fault’ element is still playing a prominent role in relation with the issues of divorce and its consequences. Nevertheless, we are not arguing a reform towards a purely no-fault divorce because, as according to Deech, this will give too much freedom to the individual and give them a wrongful thought that divorce something can be obtained easily.[24] Instead, we are saying that the system of divorce should be balanced between a mixed mechanism with both ‘fault’ and ‘no-fault’ ground for divorce[25] but not letting the ‘fault’ feature dominate the whole system alone. (1041 words) Bibliography Table of Cases Ash v Ash [1972] 1 All ER 582 Clearly v Clealy [1974] 1 All ER 498 Dennis v Dennis [1955] P 153 Farnham v Farnham [1925] 133 LT 320 Goodrich v Goodrich [1971] 2 All ER 1340 H (A Minor), Re (1980) 2 FLR 253 H v H (Financial Relief: Attempted Murder as conduct) [2006] 1 FLR 990 K v K [2010] EWCA Civ 125 Livingstone- Stallard v Livingstone- Stallard [1974] Fam 47 Mouncer v Mouncer [1972] 115 SJ 327 O’Neill v O’Neill [1975] 1 WLR 1118 R (A Minor)(Contact), Re [1993] 2 FLR 762 Richards v Richards [1972] WLR 1073 S (a minor) (Custody), Re [1991] 2 FLR 388 Sapsford v Sapsford [1954] P 394 Serio v Serio (1983) 4 FLR 756 Stewart v Stewart [1973] 1 Fam 107 Table of Legislation Children Act 1989, s.1 Children Act 1989, s.2 Children Act 1989, s.3 Children Act 1989, s.8 Children and Families Act 2014, s.12 Matrimonial Causes Act 1973, s. 1 Matrimonial Causes Act 1973, s. 3 Matrimonial Causes Act 1973, s. 25 Secondary Sources Books Gilmore S and Glennon L, Hayes and Williams’ Family Law (4th edn, OUP 2014) Articles Deech R, ‘Divorce- A Disaster?’ [2009] FLR 1048 Eekelaar J, ‘Family Law- Keeping us â€Å"On Message†Ã¢â‚¬â„¢ [1999] CFLQ 387 Law Commission, Family Law: The Ground for Divorce (Law Com No 192) [1] Matrimonial Causes Act, s.1(1). [2] [1972] WLR 1073. [3] Children Act 1989, s.2(1). [4] Ibid, s.1. [5] [1955] P 153. [6] [1954] P 394. [7] [1925] 133 LT 320. [8] Serio v Serio (1983) 4 FLR 756. [9] [1974] 1 All ER 498. [10] [1971] 2 All ER 1340. [11] [1974] Fam 47. [12] [1975] 1 WLR 1118. [13] [1972] 1 All ER 582. [14] Children Act 1989, s.1(1). [15] [1973] 1 Fam 107. [16] [1991] 2 FLR 388. [17] (1980) 2 FLR 253. [18] [1993] 2 FLR 762, Butler- Sloss LJ. [19] Royal Commission on Marriage and Divorce (Cmd 9878, 1956). [20] John Eekelaar, ‘Family Law- Keeping us â€Å"On Message†Ã¢â‚¬â„¢ [1999] CFLQ 387. [21] [1972] 115 SJ 327. [22] [2010] EWCA Civ 125. [23] [2006] 1 FLR 990. [24] Ruth Deech, ‘Divorce- A Disaster?’ [2009] FLR 1048. [25] Law Commission, Family Law: The Ground for Divorce (Law Com No 192).

Summary and Analysis of The Reeves Tale Essay -- Canterbury Tales The

Summary and Analysis of The Reeve's Tale Prologue to the Reeve's Tale: The reactions of the crowd to the Miller's Tale were mixed, although many laughed. Only Oswald, the elderly Reeve was offended. He claims that with age the qualities of boasting, lying, anger and covetousness fade away. He vows to repay the Miller's Tale. Analysis The prologue to the Reeve's Tale continues the pattern established with the prologue to the Miller's Tale. Just as the Miller told his tale as a reaction to the Knight's tale, the Reeve vows to tell a tale as a reaction to what the Miller has told, offended by his satiric description of aged carpenter in comparison to the younger characters of the Miller's Tale. He believes that the Miller's Tale was an attack on him, and will so tell a tale that is an attack on the Miller. The Reeve's Tale: At Trumpington, near Cambridge, there is a brook where nearby stands a mill. There is a miller who lived there once who wore ostentatious clothing and could play the bagpipe, wrestle and fish. He always had a knife with him, and had a round face and flattened nose. His name was Simon, and nicknamed Symkyn. His wife came from a noble family; her father was the parson. Symkyn was a jealous man and his wife pretentious. They had a daughter who was now twenty and a toddler. The miller was dishonest in his business dealings. He cheated the college worst of all, and stole meal and corn from the dying steward of Cambridge. Two students, John and Aleyn, received permission from the provost to see the corn ground at the mill. Aleyn tells Symkyn that he is there to ground the corn and bring it back, since the sick steward cannot. While they ground the corn, Symkyn found the students' horse and set it loo... ...n this distinction is minor. Although they are students, they come from the more rustic northern area of England and show little of the savvy that Nicholas displayed in the previous tale. They are cheated out of their corn and lose their horse through the miller's deception. When they seduce the miller's wife and daughter, they do so merely out of opportunity and jealousy, and their actions seem to be little better than rape. The two students even lack that measure of lust that is present in the Miller's Tale and which might make the characters more sympathetic. In the end, most of the characters suffer some physical injury, but most of all the miller. For deceiving the students he found himself cuckolded, his daughter deflowered, and himself robbed and severely wounded. Even the means by which he is wounded is comic  ­ his wife conks him on the head with his staff.

New York’s Midtown North

New York's Midtown North is made up of several precincts, with one unique in the city: the CPP, or Central Park Precinct. The precinct is home to 42 species of birds year round, with up to 300 species sighted there at various seasons, and there are also squirrels, birds, fish, rabbits, turtles, frogs and other animals. There are not, however, any human residents. There is an enormous amount of human activity occupying the 840 acres of land and 150 acres of water. In addition to 58 miles of pedestrian paths, 6 miles of vehicle drives and almost 5 miles of bridle paths, there are also world-class attractions, including: 1. Tavern on the Green Restaurant 5. Loeb Boathouse (miniature sailboat club) 11. Bethesda Terrace and Fountain 14. The Metropolitan Museum of Art (NYPD Web site) The park itself was designed in 1858 by Frederick Law Olmstead and Calvert Vaux, two giants of architecture of the period. The nation's first designated public park, Central Park is laid out so that, even when the park is full of people and events, there are hidden, quiet places as well as open fields. Although between 16 and 20 million people visit the park each year, it is possible to feel completely alone with nature among the park's 26,000 trees. (One can also play tennis on 30 courts, or ball on 26 ball fields or swim in a pool at the northern end, or ride a merry-go-round not far from the Central Park Zoo.) (NYPD Web site) In addition, the â€Å"Delacorte Theatre has ‘Shakespeare in the Park' from mid June through the end of August each year. The Central Park Summerstage, located at Rumsey Playground – E. 72 St. and the East Drive, has free performances from June through the beginning of August on Saturdays and Sundays at 3 pm. The New York Grand Opera has free performances at various times throughout the summer†(NYPD Web site). It seems that of all the precincts in New York City, the CPP is uniquely appropriate for Problem-Oriented Policing. In addition, because of New York's position as a ‘world city' and after 9/11, the NYPD has also benefited from learning how to ‘surge,' a tactic that can be invaluable in a precinct where incidents are likely to happen at odd times at specific locations. Surging has lately been perfected for putative terrorist activities â€Å"At least three times a day, New York's intelligence division sends 100 officers to swarm a specific location that their information suggests could be a target. It's called a surge† (Montaigne, 2005). When a surge happens, officers spend the five or six hours after it fanning out into the neighborhood, shops and subway, asking questions and looking for anything suspicious. In 2004 and so far in 2005, there have been no murders in Central Park, and only one rape in 2005. Robbery, however, has increased, with none 6 in 2005 to date, and 4 in 2004. Felonious assault is down ho3wever, from 4 in 2004 to 2 in 2005 to date. There was one burglary in 2004, none in 2005 to date. Grand Larceny is also may be down for the year. In 2004 there were 11, with 7 in 2005 to date. Citywide, the murder rate is down, from 184 in 2004 to 161 in 2005 to date, for a 12.5 percent decrease at current rates. Rape is also down, from 627 in 2004 to 585 in 2005 today, a 6.7 percent rate of change. Robbery was up, however, from 7,638 for all of 2004 to 7,690 to date in 2005. Felonious assaults were down from 5,842 in 2004 to 5,430 t date in 2005, for a decrease of 7 percent. Burglaries were also down, from 9.981 in 2004 to 7,767 in 2005 to date, a 13.5 percent decrease. Grand larceny citywide was also down, although by only 1.8 percent, from 15,258 in 2004 to 14,976 in 2005 to date (NYPD Compstat). These statistics are surprising, in view of the difficulties inherent in patrolling Central Park. In 1965, poet Robert Lowell published a poem called â€Å"Central Park† that seemed to expose precisely what was happening then. each landscaped crag, each flowering hides a policeman with a club† (Quoted by Vitullo-Martin, 2003). Vitullo-Martin noted that â€Å"design elements that helped make the park a refuge from the city-secluded woodlands, hidden coves, paths that curve and dip from sight, Lowell's flowering shrubs-also made the park hard to protect or patrol. Central Park's fame and beauty made it a prized site for concerts, protests, marches, rallies and celebrations. But the huge crowds also attracted crime† (2003). Arguably, the factor that made the difference between then and now can be attributed to the characteristics of Problem-Oriented Policing. Compstat is an integral part of that strategy, showing police captains at a glance where the trouble spots are, both geographically and in terms of types of crime. According to Moore (2005), Problem-oriented policing (POP) â€Å"is a police management philosophy that entails SARA: scanning to identify, specify, and describe specific problems to include analysis in which the causes of the identified problems are explored fully and response that refers to the search for ‘tailor made' solutions to remove the specific or general causes of the problems through implementation of concepts supported by assessment concerning the process where the solutions implemented are evaluated in terms of effectiveness and strategies.† Although Moore's definition sounds overly analytical, in fact, POP depends for success on all the ‘buzzword' tactics of modern business: values, ethics, communication, vision and empowerment. Glassoock, writing in the FBI Journal in 2001, noted that although POP initiatives have had an excellent affect on external, end-product issues-that is, reduction of crime-â€Å"it seems prudent and appropriate to also apply the concept to internal problems.† Glassoock contends that the likelihood of success with the end product is â€Å"much influenced, if not driven, by the organization's internal constitution† (2001). A department must, he says, attend to internal issues with thoughtful deliberation. In addition, he recommends that so-called â€Å"outsiders† such as citizens and business leaders be invited to contribute to initiatives, and goes so far as to say that â€Å"To the extent that a police department remains open to the inclusion of these individuals, the likelihood of successful internal problem-solving increases† (2001). As noted, successful internal operations-including communication and empowerment, especially-are essential to producing the end-product, lower crime rates. New York City and especially the CCP, are heavily involved in just such efforts. Chief among its programs are an Auxiliary Police Unit consisting of men and women from 17 to 60 years of age. They patrol the park in uniform acting as the eyes and ears of the police. There are 42 members, whose work is supplemented by the work of 42 Parkwatchers, â€Å"concerned citizens who keep a watchful eye on the park. When criminal activity is observed they report it to the police† (NYPD Web site). It is obvious that CCP, perhaps more than other city precincts, interacts frequently and effectively with non-officer personnel who are trusted with important work. Another such outfit is the Roadrunners Safety Patrol. These helpers patrol in pairs and carry interwatch radios; there are 72 of them. An additional 70 New York Skaters Association members are also enlisted to provide information to the precinct (NYPD Web site). Perhaps the most famous of the groups assisting the CCP is the Guardian Angel Patrol. There are 61 Guardian Angels trained and enlisted. An essential part of the POP program is the Park Enforcement Patrol, or PEP. Established by the NYC Department of Parks and Recreation, it is a unformed patrol with the mission of providing safer parks, encouraging the public in the proper use of parks and discouraging the misuse and destruction of park property. â€Å"During the busy weekend and summer periods, and during all special events such as concerts and races, PEP officers patrol the park to help people enjoy the event and to keep order. If park users become ill or are injured, the PEP officer will provide first aid and request an ambulance and police. People in trouble and in need of assistance look for PEP officers. These specially trained officers also assist the N.Y.P.D. by enforcing quality of life violations in the park† (NYPD Web site). Working with them is the only volunteer ambulance service in Central Park, the Central Park Medical Unit, which responds to accidents â€Å"involving park users, bicyclists, rollerbladers, joggers, etc.. The Central Park Medical Unit assists the N.Y.C.E.M.S.† (NYPD Web site). The POP success doesn't depend entirely on uniformed and/or trained volunteers, however. The CCP's Robbery Reduction Unit consists of one Sergeant and five Police Officers who are deployed at â€Å"robbery prone locations† (NYPD Web site). Non-police work also becomes part of the mission in a POP-driven unit such as CCP. For instance, in concert the Central Park Precinct Youth Officers and Community Police Unit conduct truancy sweeps (NYPD Web site). While trying to keep kids in school, the precinct also tries to keep bicycles in the hands of their rightful owners. CCP runs a bicycle registration program in an effort to deter thefts (NYPD Web site). A unique N-Force is a unit consisting of one sergeant and three police officers that focuses on quality of life conditions; they are deployed at â€Å"areas that the precinct commander designates as priority locations† (NYPD Web site). In its dialog with the community, CCP also has a Community Council that meets with police officials to seek ways to solve local problems; the CCP council has 146 active members. Finally, CCP participates in a Thanksgiving Food Drive and a Winter Coat Drive, as well as Toys for Tots to help children in disadvantaged families (NYPD Web site). The first item on the NYPD mission statement is â€Å"To protect life and property, reduce crime, improve the quality of life while dealing with the citizens of this city with courtesy, professionalism, and respect† (NYPD Web site). It is apparent both from the crime statistics in this ‘global playground' and the number, range and type of community and quasi-police organizations that communications, values, vision and empowerment are working in this highly unusual precinct, in which there are no residents, but only visitors of every possible type and intent. Glassoock notes that since the 1980s, â€Å"law enforcement agencies have applied the concept of problem-oriented policing to many community problems, such as alcohol-related crimes, burglaries, graffiti, sex offenses, and trespassing† all of which a precinct that was completely park and special-use structures would be prone to have. Glassoock notes that â€Å"Because POP emphasizes solving a problem as the dominant decision-making mode, officers attaining management positions must rethink their decision-making styles learned earlier in their careers. They must consider that the appropriateness of different decision-making styles varies depending upon whether officers are responding to calls or solving problems† (2001). It is apparent that CCP has been successful.

Veling Super Mall - Free Essay Example

Sample details Pages: 3 Words: 916 Downloads: 8 Date added: 2017/06/26 Category Finance Essay Type Research paper Did you like this example? 1.1. Executive Summary Veling Institute of Management London is a reputed and popular management institute, which offers courses in retailing management. The school also owns retail outlets that give the students hands on experience to the students. Don’t waste time! Our writers will create an original "Veling Super Mall" essay for you Create order Having seen the acceptance, it decided to open retail malls in Senegal which is basically a third world country. It is its second venture. The first has been in India. Having group of highly qualified professionals in retailing, it will be easier of us to venture into real retail business in Senegal and slowly in the African region. Motivated by increased industrial growth, high preference for touch and feel shopping experience, existence of consumer pull market and growth of middle and high income group households, our institution is decided to implement this proposal by being active participator in retail business. The second objective was to promote the employment generation in the area by training the local candidates who are eligible to enroll into the course. Key to success of our institution are : we have 20 years recorded, academic experience in retail area, so we can easily implement practically such knowledge. Our old students are big players in retail market, so we can associate them to our visualized business plan in actual practice. We maintained industry institution interaction since inception, so we have actual idea of what is going on in this sector. 1.2. Ownership pattern and owners profile Veling is privately owned education institution, jointly owned by Sri Thomas Sri Alies Cherian which offers Diploma Post Graduate, Diploma and Master Degree in Business management. We decided to diversify not just into geographies but also into unrelated area, that is having mall in at least 10 important cities in India initially. 1.3. Product Description We offer ideal shopping experience with an amalgamation of product, service and entertainment all under common roof. We have : Home appliance Fresh Groceries Apparels Cosmetics Music chain Books Electronic Devices Fast food outlet Juice Centre Special Nutritious centre Health care products Baby care products We have multi brand products of above categories. We provide an opportunity to choose from medium to high priced Worth for quality items 1.4. Competitive Comparison We have many competitors, of which significant are, Hypercity, prime mall and inorbit. Hypercity is a hyper market even though it offers wide variety products. Customers are feeling so restricted because of its narrowed interior structure. Inorbit is a big mall which has already established good image but as for as its source of supply it is facing some problems. Prime mall is currently meeting the needs of upper class market. So we decided to fill the gap by having good economic source of supply, offering medium to high priced multi brands under same product line category and by making customer to feel that they are in such place which definitely provide lot of space to invest their hard earned money economically and productivity. 1.5. Technology We decided to emphasize on automating the process, using bar codes to identify the product, scanners, and computerized billing. This will speed up the billing process, reduce the human intervention and errors, the retail shop people can focus on customers for personal attention etc. This will help to differentiate ourselves from not successful retailer and even to get cost advantage. 1.6. Market Analysis By being aware of the fact that retailing is the largest private sector industry in the world economy with global industry size exceeding $6.6 trillion, we explored the potential for starting mall in Senegal and other parts of African region. The market research indicates that there will be investment for Hypercity Retail by K. Raheja Group to establish SS Super market by 2015. Reliance of India is another giant which is Indias largest contemporary retailer and the size of organized retailing its expected to touch $30 billion by 2010 which is also planning to take initiatives. We expect growth of 22% per annum initially, which definitely rise in the years to come. We decided to utilize growth in the consumer preference for shopping in congenial Environs. 1.7. Financial Plan We need $ 500,000,000 initially to start 10 malls in 10 important locations of Ghana and other places. 1.7.1 Sources of requirements will be: Owners fund - 70% Borrowed Fund - 30% (Secured Bank loan @15%) 1.7.2 Application of Fund will be : Fixed assets 30% Initial investment to get Building on lease basis 30% Working capital requirement 40% 1.7.3 We need minimum 50,000, maximum 1,00,000 square feet area building having 4 floors. The plan for utilization of building will be; Ground Floor Parking and Store First Floor Grocery, home appliances Electronic items, Fast food outlet Second Floor Apparel Third Floor Cosmetic, music chain and book Store and office maintenance Instead of having building of our own, we decided to get it on lease basis as it is cost effective way of financing our fixed asset requirement. We have already booked building under construction from building developers. 1.7.4 First years expected cash inflow will be; Sales $400,000,000 (-) cost of goods sold $120,000,000 Gross profit $280,000,000 (-) operating expenses $110,000,000 (-) depreciation on fixed Asset @ 10% $ 15,000,000 Operating profit $165,000,000 (-) Financial charge $ 22,500,000 $ 147,500,000 (-) Tax 40% $ 59,000,000 Earning after tax $ 88,500,000 (+) Depreciation $ 15,000,000 $103,500,000 Cash inflow $ 24,500,000 Operating expenses would include salary, maintenance cost, electricity, water, logistics, uniform, incentives etc Computers and other IT tools are considered for depreciation. 1.8. Summary The cash flow statement indicates that the plan is viable and is a profit making business. This will certainly change the customer behavior in terms of purchasing process, acceptance of branded products etc. The mall will might initially encourage window shopping and later attract more customers.

Argumentative Essay About Censorship - 1978 Words

The idea of censorship can be found all over in the world’s history. Around 400 BC, Socrates, a famous rhetor, received a death sentence. There was no crime committed. The only thing Socrates did was try to educate people. He simply offended the wrong person morally and politically by his teachings. His sentence was to drink poison. Censorship is used in many places all over the world in places such as Rome, China, and Greece (Newth). Censorship is the act of supervising, blocking, and deleting material that can be considered harmful (Merriam-Webster). It leads people to see the act as a violation of the First Amendment as well as a negative word. In today’s society, censorship is used in schools, public libraries, and many other places.†¦show more content†¦Without the Coppa Law, many researchers believe that students will be less likely to lie about their age on social media because there would be no need. If the children looking for social media accounts wer e not barred by such restricts as parental consent, then they would be treated with a child friendly profile setting where only family and friends would be able to see the child’s profile. The issue with lying about something as significant as age online is that it can be dangerous to one or both parties. All too often does the media release a story wherein a minor lies about age online and are pursued by unsuspecting adults. The age restriction is set for a reason. Children should not be active on such social media pages. It can be harmful to the mental state of children and therefore receive the wrong impression of society. Many children are victim to online bullying or pursed in sexual conversations, brought in by adults, via social media. This has happened many times all over the world and it needs to be stopped. Unfortunately, there are limited ways censorship can help this issue. It can, however, block the user and delete the account after they have done this disappoint ing act. Administrators and parents should be checking profiles to ensure the safety and integrity of the children and the other users. There are an estimated five million children under the age of thirteen on Facebook with a false date of birthShow MoreRelatedArgumentative Essay : First Amendment Junkie By Susan Jacoby1042 Words   |  5 PagesAmber Rogers Dr. Kim Loel Argumentative Analysis of the Essay â€Å"First Amendment Junkie† by Susan Jacoby What is a First Amendment Junkie? According to author Susan Jacoby, censorship of any form is wrong. From the beginning of Jacoby’s essay, â€Å"First Amendment Junkie,† it’s obvious where she stands on the topic. Jacoby states that the people who most support the censorship of pornography are women. These women are often self-proclaimed feminists who ironically support the First Amendment. 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You might assemble an argument about the significance of ancestor myths in a certain aborigine culture, or you might write an argument defending your understanding of any poem or essay that is read in your philosophy class. (Winthrop University) You are not necessarily taking one sideRead MorePhillipine Literary Periods3839 Words   |  16 Pagesexpresses the hopes and aspirations, the peoples lifestyles as well as their loves. These are often repetitive and sonorous, didactic and naive a. Hele or oyayi – lullaby b. Ambahan (Mangyan) – 7-syllable per line poem that are about human relationships and social entertainment c. Kalusan (Ivatan) - work songs that depict the livelihood of the people d. Tagay (Cebuano and Waray) – drinking song e. Kanogan (Cebuano) – song of lamentation for the dead Read MoreArgumentative Essays 12170 Words   |  9 PagesArgumentative Essay Topics and Points Outline 1. All secondary and tertiary level students should be offered courses on good money management as part of their formal education. What are your thoughts on this suggestion? You should write at least 350 words. Good Money Management ï‚ § ï‚ § ï‚ § ï‚ § ï‚ § ï‚ § ï‚ § ï‚ § important life skill learn value of money learn importance of budgeting learn importance of investing learn importance of reducing/avoiding debts how to save money, why and how how to earn extra money be lessRead MoreFor Against by L.G. 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Summary Of Soledad Brother By George Jackson - 1431 Words

Hope is a Necessity In a world that is so unpredictable, sometimes there is nothing else that a person can do to make a situation better besides hoping for a good outcome. Hope can have a big impact on the way people view the world, and can potentially save lives. Hope is communicated in many ways, including a variety of art forms, such as literature. Some examples of literature that show how powerful having hope can be are the novel Soledad Brother by George Jackson, the short story Salvation by Langston Hughes, the short story Superheroes, Just for Each Other by Peter S. Goodman and the article Man Needs Hope to Live, by Christopher Kaczor. These literary works show that even the smallest bit of hope can help a person make wiser decisions regarding his or her future, but having no hope for the future leads people to make choices that are ethically wrong. Soledad Brother by George Jackson is a piece of literature that shows that hope can sway a person’s decision about the actions that he or she takes. The novel is written in the stream of consciousness writing style. All the letters that Jackson writes show that he has hatred towards the system in which he is living in. Jackson was sentenced to one year to life in jail. Even though Jackson has some repulsive thoughts about the police officers and their ideas, he does nothing to express his opinion about the police officers, such as starting an argument or fight with the police officers, because he has hope that ifShow MoreRelatedAfrican American Civil Rights Activists: Angela Davis1912 Words   |  8 Pagesexperience in Birmingham, Angela decided to become a activist for civil rights and other social issues. When Davis graduated in 1963 from the University of California San Diego she joined the Black Panthers, to advocate Black equality in the world. III. Summary of Evidence One of the many important dates that relate to Angela Davis in 1969 was when Angela was hired by the Philosophy Department of Ucla as an assistant professor, until she was fired illegally by the regents, due to her association with the

Conceptual and Methodological Foundations †Free Samples to Students

Question: Discuss about the Conceptual and Methodological Foundations. Answer: Introduction Retail market of consumer goods or items is one of the most promising and leading business sector in the present business scenario. More and more organizations are entering in this sector due to the high volume of sales and revenue involved with this sector (Baker 2014). In Australia, retail market of consumer products is one of the most intensely competitive markets with having several established competitors operating. Thus, the market scenario in the Australian region for the consumer goods is quite competitive and price sensitive sector. Organizations operating in this sector are coming up with newer strategies and business approaches in order to stay ahead in the competition. Harvey Norman is one of the leading retail chain based in Australia. They offers diversified product portfolio for their customers (Harvey Norman Holdings 2017). However, due to the recent entrant of various new competitors in the market, they are facing the heat of reduction in their sales revenue. This report will discuss about the effective business plan for Harvey Morgan which will help them to gain competitive advantage in the market. Moreover, the various aspects of them in their business operations will also be identified. Accordingly, the recommendations will be given to implement an effective business plan for them. Harvey Norman is an Australian Based retail firm founded in 1982 by Gerry Harvey and Ian Norman. They mainly cater to furniture, bedding, electrical items and computing accessories (Harvey Norman Holdings 2017). They operate in Australia and in the international market through franchisee business model. Currently they are listed in the Australian securities exchange limited and are operating as a public company. Harvey Norman is having other sub brand such as Domayne and Joyce Mayne to cater to different product category and customer segments. Currently they are operating in more than 166 stores around the world. The product portfolio of Harvey Norman includes electronic products such as television and gaming devices, mobile phones cameras. They also offer home appliances such as air conditioners and washing machines. Home dcor products including furniture is also being offered by them. To stay ahead in the competition and to cope up with the change in the taste and preference of the customers, they came up with their own online portal of online marketing and shopping. It is helping them in targeting more number of customers effectively (Luo, Ba and Zhang 2012). The mission statement of Harvey Norman states that they want to deliver their products to their customer at the most cost effective prices. They want to the market leader in the market by having the competitive advantage of cost effectiveness. The vision statement of Harvey Norman states that they want to be a truly global retail organization offering wide range of products to their customers and maintaining the market leadership position. Organizational Management of Harvey Norman Harvey Norman maintains a distinctive organizational structure compared to other contemporary retail organizations. All the stores of them are being operated on the basis of franchise system. However, the product category they are offering is being managed by the separate management (Mahmoudsalehi, Moradkhannejad and Safari 2012). Thus, if a store is offering five categories of products of Harvey Norman, then the five product category will be controlled by separate management responsible for the respective product category. Thus, the management and the sales of the particular product category are being controlled effectively. The stores outside the Australian regions are being owned and controlled by them. The international business is not being operated in the basis of the franchisee system. For the effective human resource management in their organization, employees are being motivated with the initiation of the reward system (Hendry 2012). According to this model, sales persons and other employees are being provided sales commission which further helps them in driving and enhancing the sales chart of the organization. Moreover, effective working environment in the organization is also being maintained. Being a publicly traded organization and being listed in the Australian stock exchange, Harvey Norman maintains an effective and accurate financial structure to comply with the global accounting principles and with the financial regulations (Badolato, Donelson and Ege 2014). They maintain a separate audit board that is responsible for managing the financial aspect of the organization. The audit board is being selected by the board of directors. The key objective of this board is to look after the financial reporting and policies being followed by the organization. Harvey Norman also maintains a separate finance department which is responsible for the allocation of resources for various activities in the organization. As of 2016, the earnings before interest and tax are estimated at $522 million and the profit after tax and interest stands at $248 million. Marketing analysis of Harvey Norman The customer segment of Harvey Norman is the people looking for electronic items and household items under one roof. They cater to diversified segment of customers due to the reason that economical classification of the customers for electronic appliances is not viable. Different brand are being offered by them to their customers in this sectors. Thus, customers depending on their purchasing power will buy the particular brand. Harvey Norman caters to the customers looking for household products by offering bedding and home decors. Thus, the customer segment of Harvey Norman is diversified in nature due to the offerings of different product category (Wedel and Kamakura 2012). Moreover, the product category of them is much diverse due to the reason that household products and electronic appliances are not in the similar product category. As discussed earlier, they cater to a vast and diverse customer segments. In addition, the customer segment for Harvey Norman is not niche rather than they are catering to the mass market. Thus, extensive use of electronic media and social media is being implemented by them in order to attract and reach out to more number of customers. Segmentation, targeting and positioning (STP) model will be the most effective strategy to effectively target the customer segment (Gbadamosi 2013). According to this model, the first step for the organization is to identify the customer segments where they will operate. Thus, the customer segment for Harvey Norman is the mass market having the purchasing power and demand for electronic items. The demographic segments for them are diverse in nature due to the reason that majority of the computing goods will attract the young generation and majority of the household goods will attract the female customers. On the other hand, the customer segment for the electronic appliances will have both the male and female customers. The next step in this model is targeting the customer segment. Harvey Norman initiates various marketing activities such as promoting their products in the mass media channels which will attract their target customer segments (Prager, Rosenberg and Farber 2013). In addition, the seasonal discount offers are also been provide to the customers, which will attract more to their stores. Harvey Norman is much effective in determining the current market trend and offers their product accordingly. The product portfolio is being updated periodically to cater to the change in the taste and preference pattern of the customers. The marketing and promotional activities are being designed according to the requirement and expectation of the mass market customers. The last aspect of the STP model is the positioning strategy of the organization. Being a mass market retailer, Harvey Norman positioned itself as retail chain offering consumer goods at the lowest price possible. Thus, the brand image of them among the customers is the cost effective retail store offering wide array of products (Hassan and Craft 2012). This will help them in further market penetration in the existing market and development of new market in the global scenario. Competitive advantage of Harvey Norman The key competitive advantage for Harvey Norman is their price leadership strategy in the market. More customers are being attracted due to their low offering of price (Wagner III and Hollenbeck 2014). Another competitive advantage for them is their offerings of diversified product portfolio. This helps them in targeting vast segments of customers. Majority of their competitors are operating in a single product line or in similar product line. However, Harvey Norman is operating in diversified portfolio of product line ranging from household products to electronic items. The initiation of Omni channel marketing is also enhancing their market performance (Frazer and Stienhler 2014). Online presence is enabling them to reach out to more number of customers effectively. In addition, the customer awareness drive and the global brand identity is further is getting enhanced due to their presence in the online market. Harvey Norman maintains effective marketing and sales strategy in order to reach out to more number of customers and increase the market share. The sales for Harvey Norman are being initiated through their franchisee stores in the Australian regions and owned stores in rest part of the world (Dada, Watson and Kirby 2012). Marketing activities of them involves all types of marketing media to reach out to varied customer segments. They also maintain customization option for their marketing and promotional activities. This helps them in effective catering to the customers in other parts of the world. Customers around the world are being targeted according to their taste and preference pattern and according to their cultural and social backgrounds. This helps the customers in making effective connection with the brand. In the recent years, the sales of Harvey Norman are being promoted through their online channel. It helps them to target the global customers with their entire range of pr oduct portfolio. Financial plan Year 1 Year 2 Year 3 Year 4 Year 5 Starting Cash Position Inflow (Source of Fund) $ 50,000.00 $ 75,000.00 $ 80,000.00 $ 85,000.00 $ 90,000.00 Cash Sales $ 10,000.00 $ 15,000.00 $ 20,000.00 $ 30,000.00 $ 40,000.00 Collection from Accounts Receivable $ 10,000.00 $ 20,000.00 $ 30,000.00 $ 40,000.00 $ 50,000.00 Other Cash Receipts $ 20,000.00 $ 22,000.00 $ 25,000.00 $ 30,000.00 $ 35,000.00 Total Cash Inflow $ 90,000.00 $ 132,000.00 $ 155,000.00 $ 185,000.00 $ 215,000.00 Outflow (Use of Fund) Fixed Cost $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 Administration $ 5,000.00 $ 5,500.00 $ 6,000.00 $ 6,500.00 $ 7,000.00 Marketing $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 30,000.00 $ 30,000.00 Operations $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 8,000.00 $ 8,000.00 Variable Cost Administration $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 Marketing $ 20,000.00 $ 20,000.00 $ 25,000.00 $ 25,000.00 $ 30,000.00 Operations $ 40,000.00 $ 55,000.00 $ 60,000.00 $ 75,000.00 $ 80,000.00 Total Cash Outflow $ 190,000.00 $ 205,500.00 $ 216,000.00 $ 239,500.00 $ 250,000.00 Closing Cash Position $ (100,000.00) $ (73,500.00) $ (61,000.00) $ (54,500.00) $ (35,000.00) Analysis: From the above financial plan, it can be said that the first year of Harvey Norman is more in the five year plan. It is due to the reason that the initial investment always stay on the higher side. This financial plan is also showing that the closing cash flow is decreasing gradually in the following years. Recommendations Initiation of social media marketing will help to connect with the customers more effectively. It will further help the organization in having the feedback from the customers. Effective implementation of the five year financial plan will help to allocate the resources more effectively. Opening of more company owned stores in the global market will further help to fortify their position over their competitors. Initiation of product for the niche market will help to target the higher end customers also. It will help them to target the niche market along with the existing mass market. Thus, the market area will get increased. Conclusion Having discussed the marketing and organizational structure of Harvey Norman, it can be concluded that they are having distinctive and effective approaches. These approaches are helping them in targeting their customer segments more effectively. Moreover, the diverse product portfolio is helping them to target varied customer requirements. However, one of the gaps being identified is the absence of social media marketing which is quite important in current scenario. Thus, several recommendations are being provided in order to fulfill these gaps and enhance their performance in the future. Reference Badolato, P.G., Donelson, D.C. and Ege, M., 2014. Audit committee financial expertise and earnings management: The role of status.Journal of Accounting and Economics,58(2), pp.208-230. Baker, M.J., 2014.Marketing strategy and management. Palgrave Macmillan. Dada, O., Watson, A. and Kirby, D.A., 2012. Toward a model of franchisee entrepreneurship.International Small Business Journal,30(5), pp.559-583. Frazer, M. and Stiehler, B.E., 2014, January. Omnichannel retailing: The merging of the online and off-line environment. InGlobal Conference on Business Finance Proceedings(Vol. 9, No. 1, p. 655). Institute for Business Finance Research. Gbadamosi, A., 2013.Principles of marketing: A value-based approach. Palgrave Macmillan. Harvey Norman Holdings. (2017).Company Overview. [online] Available at: https://www.harveynormanholdings.com.au/company/ [Accessed 19 Aug. 2017]. Hassan, S.S. and Craft, S., 2012. Examining world market segmentation and brand positioning strategies.Journal of Consumer marketing,29(5), pp.344-356. Hendry, C., 2012.Human resource management. Routledge. Luo, J., Ba, S. and Zhang, H., 2012. The effectiveness of online shopping characteristics and well-designed websites on satisfaction. Mahmoudsalehi, M., Moradkhannejad, R. and Safari, K., 2012. How knowledge management is affected by organizational structure.The Learning Organization,19(6), pp.518-528. Prager, J.B., Rosenberg, J.C. and Farber, S.H., Music Choice, 2013.Systems and methods for providing customized media channels. U.S. Patent 8,612,539. Wagner III, J.A. and Hollenbeck, J.R., 2014.Organizational behavior: Securing competitive advantage. Routledge. Wedel, M. and Kamakura, W.A., 2012.Market segmentation: Conceptual and methodological foundations(Vol. 8). Springer Science Business Media.