Tuesday, August 25, 2020

Forward the Foundation Chapter 23

5 â€Å"Dad,† said Raych with some worry, â€Å"you look tired.† â€Å"I dare say,† said Hari Seldon, â€Å"I feel tired. Be that as it may, how are you?† Raych was forty-four now and his hair was starting to show a touch of dim, yet his mustache stayed thick and dull and very Dahlite in appearance. Seldon thought about whether he finished it up with color, yet it would have been an inappropriate thing to inquire. Seldon stated, â€Å"Are you through with your addressing for a while?† â€Å"For some time. Not for long. Furthermore, I'm happy to be home and see the infant and Manella and Wanda-and you, Dad.† â€Å"Thank you. However, I have news for you, Raych. No all the more addressing. I'm going to require you here.† Raych scowled. â€Å"What for?† On two unique events he had been sent to do sensitive missions, yet those were back during the times of the Joranumite danger. Apparently, things hushed up now, particularly with the topple of the junta and the restoration of a pale Emperor. â€Å"It's Wanda,† said Seldon. â€Å"Wanda? What's going on with Wanda?† â€Å"Nothing's the matter with her, yet we will need to work out a total genome for her-and for you and Manella too and in the long run for the new baby.† â€Å"For Bellis, as well? What's going on?† Seldon dithered. â€Å"Raych, you realize that your mom and I generally thought there was something adorable about you, something that roused friendship and trust.† â€Å"I realize you suspected as much. You said so regularly enough when you were attempting to get me to accomplish something troublesome. Be that as it may, I'll be straightforward with you. I never felt it.† â€Å"No, you prevailed upon me and†¦ and Dors.† (He experienced such difficulty saying the name, despite the fact that four years had gone since her devastation.) â€Å"You prevailed upon Rashelle of Wye. You prevailed upon Jo-Jo Joranum. You prevailed upon Manella. How would you represent all that?† â€Å"Intelligence and charm,† said Raych, smiling. â€Å"Have you figured you may have been in contact with their-our-minds?† â€Å"No, I've never imagined that. Furthermore, since you notice it, I believe it's strange. With all due regard, Dad, of course.† â€Å"What on the off chance that I disclosed to you that Wanda appears to have guessed what Yugo might be thinking during a snapshot of crisis?† â€Å"Coincidence or creative mind, I ought to say.† â€Å"Raych, I knew somebody once who could deal with individuals' psyches as effectively as you and I handle conversation.† â€Å"Who was that?† â€Å"I can't talk about him. Trust me, though.† â€Å"Well-† said Raych disastrously. â€Å"I've been at the Galactic Library, keeping an eye on such issues. There is an inquisitive story, around twenty thousand years of age and along these lines back to the foggy starting points of hyperspatial travel. It's about a young lady, very little more than Wanda's age, who could speak with a whole planet that orbited a sun called Nemesis.† â€Å"Surely a fairytale.† â€Å"Surely. What's more, fragmented, at that. However, the likeness with Wanda is astonishing.† Raych stated, â€Å"Dad, what are you planning?† â€Å"I'm not certain, Raych. I have to know the genome and I need to discover others like Wanda. I have a thought that youths are conceived not frequently however once in a while with such mental capacities, yet that, as a rule, it simply gets them in a difficult situation and they figure out how to cover it. Furthermore, as they develop tip, their capacity, their ability, is covered profound inside their brains kind of an oblivious demonstration of self-protection. Unquestionably in the Empire or even just among Trantor's forty billion, there must be a greater amount of that sort, as Wanda, and in the event that I know the genome I need, I can test those I think might be so.† â€Å"And what might you do with them on the off chance that you discovered them, Dad?† â€Å"I have the idea that they are what I requirement for the further improvement of psychohistory.† Raych stated, â€Å"And Wanda is the first of the sort you think about and you mean to make a psychohistorian out of her?† â€Å"Perhaps.† â€Å"Like Yugo. Father, no!† â€Å"Why no?† â€Å"Because I need her to grow up like an ordinary young lady and become a typical lady. I won't make them sit her before the Prime Radiant and make her into a living landmark to psychohistorical mathematics.† Seldon stated, â€Å"It may not end up like that, Raych, however we should have her genome. You realize that for a huge number of years there have been recommendations that each individual have his genome on document. It's just the cost that is shielded it from turning out to be standard practice; nobody questions its value. Most likely you see the preferences. In the case of nothing else, we will know Wanda's propensities toward an assortment of physiological issue. On the off chance that we had ever had Yugo's genome, I am sure he would not presently be biting the dust. Definitely we can go that far.† â€Å"Well, possibly, Dad, yet no further. I'm willing to wager that Manella will be significantly firmer on this than I am.† Seldon stated, â€Å"Very well. Be that as it may, recall, no more talk visits. I need you at home.† â€Å"We'll see,† Raych said and left. Seldon stayed there in a difficulty. Eto Demerzel, the one individual he realized who could deal with minds, would have comprehended what to do. Dors, with her nonhuman information, may have recognized what to do. For himself, he had a diminish vision of another psychohistory-yet simply that. 6 It was anything but a simple assignment to get a total genome of Wanda. In the first place, the quantity of biophysicists prepared to deal with the genome was little and those that existed were consistently occupied. Nor was it workable for Seldon to talk about his needs transparently, so as to intrigue the biophysicists. It was significant, Seldon felt, that the genuine purpose behind his enthusiasm for Wanda's psychological forces be left well enough alone from all the Galaxy. Furthermore, if another trouble was required, it was the way that the procedure was fiendishly costly. Seldon shook his head and said to Mian Endelecki, the biophysicist he was presently counseling, â€Å"Why so costly, Dr. Endelecki? I am not a specialist in the field, however it is my unmistakable understanding that the procedure is totally mechanized and that, when you have a scratching of skin cells, the genome can be totally constructed and broke down in a matter of days.† â€Å"That's actual. Yet, having a deoxyribonucleic corrosive particle loosening up for billions of nucleotides, with each purine and pyrimidine in its place, is its least; its least, Professor Seldon. There is then the matter of concentrating every one and contrasting it with some norm. â€Å"Now, consider, in any case, that in spite of the fact that we have records of complete genomes, they speak to a vanishingly little part of the quantity of genomes that exist, with the goal that we don't generally have the foggiest idea how standard they are.† Seldon asked, â€Å"Why so few?† â€Å"A number of reasons. The cost, for a certain something. Hardly any individuals are eager to spend the credits on it except if they have solid motivation to think there is some kind of problem with their genome. What's more, in the event that they have no solid explanation, they are hesitant to experience examination for dread they will discover something incorrectly. Presently, at that point, are you certain you need your granddaughter genomed?† â€Å"Yes, I do. It is awfully important.† â€Å"Why? Does she give indications of a metabolic anomaly?† â€Å"No, she doesn't. Or maybe the converse on the off chance that I knew the antonym of ‘anomaly.' I think of her as a most unordinary individual and I need to know exactly what it is that makes her unusual.† â€Å"Unusual in what way?† â€Å"Mentally, however it's inconceivable for me to go into subtleties, since I don't totally get it. Possibly I will, when she is genomed.† â€Å"How old is she?† â€Å"Twelve. She'll before long be thirteen.† â€Å"In that case, I'll need consent from her parents.† Seldon made a sound as if to speak. â€Å"That might be hard to get. I'm her granddad. Wouldn't my consent be enough?† â€Å"For me, positively. Yet, you know, we're discussing the law. I don't wish to lose my permit to practice.† It was fundamental for Seldon to approach Raych once more. This, as well, was troublesome, as he fought again that he and his better half, Manella, needed Wanda to carry on with an ordinary existence of a typical young lady. Consider the possibility that her genome turned out to be unusual. Would she be whisked away to be nudged and tested like a research center example? Would Hari, in his over the top dedication to his Psychohistory Project, press Wanda into an existence of all work and no play, stopping her from other youngsters her age? Yet, Seldon was obstinate. â€Å"Trust me, Raych. I could never really hurt Wanda. Be that as it may, this must be finished. I have to know Wanda's genome. In the event that it is as I speculate it may be, we might be very nearly adjusting the course of psychohistory, of things to come of the Galaxy itself!† Thus Raych was convinced and by one way or another he got Manella's assent, also. What's more, together, the three grown-ups took Wanda to Dr. Endelecki's office. Mian Endelecki welcomed them at the entryway. Her hair was a sparkling white, yet her face gave no indication old enough. She took a gander at the young lady, who strolled in with a look of interest all over yet without any indications of worry or dread. She at that point turned her look to the three grown-ups who had went with Wanda. Dr. Endelecki said with a grin, â€Å"Mother, father, and granddad am I right?† Seldon replied, â€Å"Absolutely right.† Raych looked hang-pooch and Manella, her face somewhat swollen and her eyes somewhat red, looked drained. â€Å"Wanda,† started the specialist. â€Å"That is your name, isn't it?† â€Å"Yes, ma'am,† said Wanda in her intelligible voice. â€Å"I'm going to let you know precisely what I will do with you. You're correct given, I suppose.† â€Å"Yes, ma'am.† â€Å"Very well, at that point, I'll shower a little fix to your left side lower arm with a sedative. It will just fe

Saturday, August 22, 2020

Eyewitness Testimony Essay

The criminal equity frameworks in Australia and all through the world depend on proof to arraign people associated with a wrongdoing. Already, criminal agents depended upon onlooker represents their examinations however mental research shows that observer declaration isn't generally exact and ought not be utilized in the criminal equity framework as a sole bit of proof (Sangero and Halpert, 2007). Various research papers and articles have advised the utilization of onlooker declaration because of numerous cases exclusively basing their decision from this proof. Considering DNA proof, many indicted for a criminal offense have been excused of their sentences. The utilization of recognizable proof tests found in various papers explains why witness declaration can be incorrect and questionable. Trials made during the time testing onlooker accounts dive into factors partner occasion attributes, observer qualities and target qualities and how they add to the recovery of data from an observ er. These elements explain with regards to why witness declaration ought not be utilized exclusively as proof in the criminal equity framework yet rather another constituent in recognizing the individual of enthusiasm for a criminal examination. In 1992 a non revenue driven association was framed to help those indicted and condemned to a wrongdoing they didn't submit. The Innocence Project was framed by Barry C. Scheck and Peter J. Neufeld in alliance with Cardozo school of law at Yeshiva University to help absolve those saw as liable by means of DNA testing (Benjamin N. Cardozo School of Law at Yeshiva University, 1997). As indicated by The Innocence Project, 75% of observer declaration which were utilized to convict associated crooks in the United States with America was wrong considering DNA testing. In one such case in New Zealand, a man named David Dougherty was seen as liable of assault and kidnapping of a young lady who argued against him in the courtroom just like the man that as saulted her (Cleave and Gower, 2012). Mr Dougherty was vindicated of the 1992 assault in 1997 because of the way that specialists at last presumed that there was deficient DNA proof to demonstrate past a doubtâ that he was the culprit (Fairfax NZ News, 2009). In spite of the fact that DNA proof absolved Mr Dougherty of the wrongdoing, many accepted he was the culprit because of the observer declaration, and master assessments were blurred because of the exposure of this case. It was distinctly until an abroad master affirmed for Mr Dougherty that he was absolved (Fairfax NZ News, 2009). This case shows the blunders made by the person in question/observer and how certain she was of the suspect and The Innocence Project has demonstrated that onlooker declaration is frequently mixed up. It has been broadly recorded during the time that mixed up distinguishing pieces of proof were associated with most of cases inspected by mental scientists (Penrod, 2005). Research has recommended that during a police examination, onlookers would now and again be liable to see more than one line-up to help distinguish a suspect (Palmer, Brewer, and Weber, 2010). Early research has refered to that more viewings of potential suspects ought to hypothetically improve the precision of the onlooker picking the wrongdoer (Penrod, 2005). Latest research has discovered that different line-ups can impede ensuing recognizable proof exactness in this manner presuming that the more line-ups an observer experiences, the more space for mistake in picking the subject being referred to (Palmer, Brewer, and Weber, 2010). This investigation concentrated on post-ID input and isolated their examination into two primary territories: affirming criticism and disconfirming criticism to see whether these would influence how the onlooker will continue with resulting line-ups. As per Palmer, Brewer and Weber, Just observers who got input after an underlying right dismissal performed at a level practically identical with a solitary lineup control gathering, recommending that an underlying distinguishing proof test can debilitate, yet not improve, execution on a subsequent test including a similar guilty party (Palmer, Brewer, and Weber, 2010). It is recommended inside this examination that criminal examinations abstain from utilizing numerous line-ups to guarantee that progressively guiltless people of intrigue are not indicted because of wrong observer exactness. In Addition to this exploration it has additionally been discovered that observer mistakes increment when people of intrigue are picked out of a photograph show as opposed to a real lineup (Lindsay and Wells, Improving Eyewitness Identifications From Lineups: Simultaneous Versus Sequential Lineup Presentation, 1985). These blunders are accepted to have something to do with the individual administrating the lineups or photograph exhibits (Wells, Rydell, and Seelau, 1993) accordingly controlling the eyewitness’ decisions in recognizing a suspect inside a lineup and ensuing lineups (Phillips, McAuliff, Kovera, and Cutler, 1999) as recently found. This mistake is settled effectively by selecting somebody to direct lineups or photograph clusters that don't ha ve a clue who the suspect might be (Wells and Bradfeild, 1998). Moreover, examine has discovered that the more drawn out the time interim between the occasion and observer account, the probable it is that the onlooker record will be mistaken (Loftus, Miller, and Burns, 1978). Another factor identifying with occasion qualities is that of separation. Numerous investigations have demonstrated that separation between the onlooker and the objective (suspect) will affect memory and facial acknowledgment (Lindsay, Semmler, Weber, Brewer, and Lindsay, 2008). In one such examination, it was presumed that onlooker acknowledgment crumbled as the separation among them and the objective expanded (Wagenaar and van der Schrier, 1996). In many onlooker declaration, it is dependent upon the observer to review the separation among them and the objective. Beforehand, the courts depended upon the 15 meter rule: the ideal survey separation for an onlooker (Wagenaar and van der Schrier, 1996). Lindsay et al. (2008) recommended to the courts that as opposed to depending on the 15 meter rule, when all is said in done, distinguishing pieces of proof will diminish with an expansion in separation thus it is dependent upon the courts to choose whether the onlooker accounts are tenable or not. Observer attributes likewise factor in to the conversation of how solid onlooker declaration is in the criminal equity framework. As per an examination concentrate by Wells and Olsen (2003), sex has next to no to do with how well females perform to guys as far as observer recognizable proof, albeit the two sexual orientations contrast by they way they see the occasion/scene. The age of an observer majorly affects onlooker distinguishing proof as youngsters and the older were found to perform inadequately corresponding to youthful grown-ups when investigations were directed (Wells and Olson, 2003). Another figure incorporated the onlooker attributes is that of race. It has been completely ex plored and inferred that individuals are better at recognizing facial highlights of their own race than those of different races (Meissner and Brigham, 2001). This information is valuable for those areasâ in which are socially the equivalent however for multicultural areas, to be specific Australia; it would have little criticalness the declaration couldn't be confirmed except if there was other implicating proof against the suspect. One silencer of facial acknowledgment is that of a weapon. A weapon is accepted to decrease the capacity of an observer to effectively recognize a suspect because of the consideration been drawn from the culprits face towards the weapon/object (Steblay, 1992). In the official courtroom, this part of whether the onlooker gave a lot of consideration to facial highlights to have the option to effectively distinguish a suspect turns out to be to some degree an issue. Onlooker declaration is â€Å"self-report† and can't be checked or cross referenced with different realities as it is simply mental and dependent on how well the observer accepts they have held adequate facial acknowledgment (Wells and Quinliv an, 2009). The certainty and sureness of an observer has been every now and again allowable in the criminal courts and the criminal equity framework has recently depended upon the onlooker evaluating his/her own mental capacities. This has been completely inquires about as being assurance refrain precision (Wells and Quinlivan, 2009). In most of the exploration led testing this, it has been discovered that the observer conviction has a moderate relationship with precision (Penrod, 2005) subsequently the criminal equity framework can't demonstrate whether the onlooker declaration is mixed up or right. At long last there is the factor of target attributes. As recently expressed, facial acknowledgment is increasingly exact when of a similar race. Another factor however is that of peculiarity and whether the objective (suspect) has an unmistakable face. It has been inquire about that appealing or extremely ugly targets are simpler to perceive than normal looking faces (Wells and Olson, 2003). Changes in facial qualities likewise assume a job in whether an onlooker can review what they saw. Changes in the face that are of common event, for example, hairdo, and masks can drastically influence recognition(Wells and O lson, 2003). Regarding whether these kinds of observer accounts are to be utilized in the criminal equity framework is straightforward as a suspect ought not be indicted exclusively on onlooker declaration yet be utilized as an asset with other proof which may implicate the individual of intrigue (Sangero and Halpert, 2007). Mental research shows that onlooker declaration isn't generally precise; in this manner it ought not be utilized in the criminal justiceâ system exclusively as a bit of proof. To have the option to convict and sentence a suspect, in light of a legitimate concern for the courts other proof must prove such cases of blame. Factors, for example, occasion qualities, observer attributes and target attributes clarified in this paper show that onlooker te

Friday, August 7, 2020

New Student Photo Series 2010 Entry #2 COLUMBIA UNIVERSITY - SIPA Admissions Blog

New Student Photo Series 2010 Entry #2 COLUMBIA UNIVERSITY - SIPA Admissions Blog Submissions continue to roll in for our new student photo series.   If you are an incoming student we encourage you to review this entry for details on how to submit your own photos to display on the blog. The first photos today come from Rahima Bensaid, an incoming MIA student. ___________________________ The first picture was taken in Chinatown, NYC.   These guys were playing bicycle polo, a fast-paced sport thats also really fun to watch. The second picture was taken in Salvador da Bahia, Brazil.   Salvador is the home of Capoeira, and in this picture the older man is teaching the younger one how to play the pandeiro while the couple on the balcony above them watched.   It was a very quiet, cloudy day, and the few of us who were outside were lost in the beautiful sound of the pandeiro. __________________________ The second set of photos was taken by Megan Colnar, an incoming MPA-DP student. __________________________ Salar de Uyuni, Bolivia The salt flats in Bolivia are one of the highest, driest places on earth. Though I went during the rainy season, a few hours later the land was already straining under the hot sun again. Ntarama, Rwanda In previous Hutu-lead killings throughout the 80s and 90s, Tutsis found refuge in churches across Rwanda. In 1994, Tutsis fled to   churches in hopes of finding safety. Instead of deterring the armed   Hutus, the churches acted as the largest centers for massacres in the   country. The remains of over 5,000 men, women and children can be found in the Ntarama Memorial. Rajasthan, India After this, I never complained about my seat assignment on an Indian train again.

Saturday, May 23, 2020

We Are All Familiar With Bible Stories And Fairy Tales

We are all familiar with Bible stories and fairy tales. They typically began as verbal stories, passed down from generation to generation, before they were put down on paper or made into a film. Stories which use outlandish situations to, ideally, teach the readers how to live as good people. Stories such as Cinderella, The Three Little Pigs, Snow White, Jonah and the Whale, Noah s Ark, Hansel and Gretel, and The Adventures of Pinocchio include situations which could not have possibly happened. These stories may help lull children to sleep but, at the same time, teach morals in a harsh or even violent manner.†¨ Like fairy tales, the Bible was written to teach stories to impressionable minds. Unlike fairy tales, Bible stories are still read today, they are not only read by children, but by adults with or without children. Many Christians today will argue that the Bible stories, such as Jonah and the Whale, Noah s Ark, Adam and Eve, and such, were not written to take literally. If they are correct in assuming those stories are not literal encounters, then how would someone venturing through the bible know what to take literally and what to take as the word of God? If the stories of the Bible were never meant to be accepted as real events, then can they be considered fairy tales? If all stories in the bible are, in fact, the word of God and meant to be taken literal, then scientists need to re-evaluate almost everything they know about the world and how it works. It isShow MoreRelatedEssay about Biblical Imagery in the Story of Rapunzel1996 Words   |  8 PagesBiblical Imagery in the Story of Rapunzel Ostensibly, the story of â€Å"Rapunzel† is the tale of a young girl, locked up in a tower by a wicked witch, the real concern of the story, however, being lust and the dangers it represents to girls as they enter the rites of passage of puberty. Symbolism pervades the story of â€Å"Rapunzel†, as in all fairy tales, giving rise to diverse interpretations. 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Tuesday, May 12, 2020

Purpose and History of Punishment - 785 Words

Purpose and History of Punishment The American society of punishment has been heavily based on British law, which has in turn grown from Western capital punishment and personal retribution. In the seventh century A.D. leaders in government have begun to realize that crimes harmed society. The government started becoming more involved in controlling crimes and punishment for the crimes being committed. To protect the citizens the leaders of the governing body assembled a set of laws that were passed along with punishments for crimes. The government devised a list of different crimes that could have several different punishments, so the government determined a list of punishments that could fit the crimes. Throughout this era many of the†¦show more content†¦The Auburn system took a spin on the Pennsylvania system by using solitary confinement and hard labor, but the Auburn system went to the next degree and sought out to humiliate inmate by chaining them together and enforcing the prison stripe dress code. Punishment in the Auburn system was often very server and very quick. The Auburn system was seen as a very brutal system, but paved way for the prison systems of today. Both the Auburn and Pennsylvania system used hard labor to help rehabilitate convicts in the past. In today’s world labor is still used in the prison system but not to the extent it had been in the past because of the overcrowding problem in the system. The prison systems do not have enough staff to be able to get these inmates out to do the labor. 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Wednesday, May 6, 2020

The Case Study G20 Maketing Decision Free Essays

The case study G20 – Marketing Decision Making [pic] [pic] 1. Refer from perceptual map, SAAB, BMW and Honda are direct competitors of Infinity G20 because their positions are close to G20 in the perceptual map. The position of G20, SAAB, BMW and Honda is in Segment 3. We will write a custom essay sample on The Case Study G20 Maketing Decision or any similar topic only for you Order Now 2. SAAB, BMW, HONDA are the direct competitor of the Infiniti G20. Infiniti G20 has lowest perception. 3. It is creditable claim to promote G20 as Japanese car with German feel. From the preference of the respondents it’s concerned more about Attractive, successful. . S1 – The most important attribute is Hi Prestige because this segment Predominant employment is professionals thus this group of people need hi class brand or high prestige. S2 – The most important attribute is Roomy because the percentage of Married is 75% and persons per household is 3. 8 so they need Roomy attribute S3 – The most important attribute is Attractive because this segment represents the American dreamers which concerned about how attractive they are. – The segment that should be market of G20 is S1 and S3. To reposition the G20 we should concerned about successful and attractive that make more market share. – Using Advertisement and professional suggestion to inc rease Attractive and Successful 4. Set the research problem direct to the Attractive Variable and Successful Variable Assignment 2 1. Base on the perceptual map, there are main competitors in segment 3 such as, BMW, Honda, SAAB The people in this market perceive the Infiniti G 20 is like the brand for attractiveness and successful when compare with its competitors. However BMW is likely to be more attractive more than Infiniti G 20. 2. No, because based on the perceptual map and Exhibit 1 the most of the respondents perceive that BMW is high prestige more than G20 so the company cannot claim that G20 like BMW. 3. For segment 1, the most importance attribute is High Prestige. For segment 2, the most importance attribute is Roomy. Finally, the most importance attribute is Attractive for the segment 3. We get the answer because we look at the angle. The fewer angles between attribute and Segment vector that is the importance factors. The segment which we would market the infiniti G20 are segment 1 and segment 3 so we want to reposition the infiniti G20 in attribute of high prestige and attractive to gain more customer and motivate our target in these segment choose our brand. Case: Positioning the infinity G20 1. From the perceptual map, people in this market perceive the Infinity G20 that it has more attractive and successful when compared with competitors. 2. The overall preference of G20’s respondents is less than BMW because respondents of BMW perceive that BMW has high prestige and quiet than G20, and then many people perceive that G20 is not the same level as BMW. So, it shows that the claim is incredible. 3. For segment 1, the most important attribute is high prestige. For segment 2, the most important attribute is roomy. For segment 3, the most important attribute is attractive. – Infinity G20 should market in the segment 3 because segment 3 of G20 has the highest average. G20 should improve attractive attribute to get high average score and market share, also it can move to the better position. – The marketing programmed that G20 would use is improve the attractiveness of the product by do the marketing research about the preference of customers toward the product. Also, the company should develop the product to meet the customer’s need. 4. In research programmed the company should specific customer pref erence on the characteristic of the cars as it can help the company to produce the cars that meet the customer’s need, which would lead to more customer’s confidence on the company. . The advantage of this software: 1. It is easier to position the company in the market. 2. Know the positioning of the competitors. 3. Know that which attribute is most important and which attribute is least important. 4. Know that which attribute is suitable for company. 5. Know that which attributes are related to each other. 6. Know which attribute should focus to reposition The limitations of this software: – Some information is difficult to analyze How to cite The Case Study G20 Maketing Decision, Free Case study samples

Friday, May 1, 2020

Remedy Oppression In The Corporations Act -Myassignmenthelp.Com

Question: Discuss About The Remedy Oppression In The Corporations Act? Answer: Introducation The Corporations Act, 2001 (Cth) provides the different provisions which govern the actions of the ones who run the affairs of the company. In this regard, the directors have been given a key responsibility to safeguard the interest of every stakeholder and not be indulged in a conduct which can be deemed as oppressive, unfair or prejudicial based on section 232 of this act (Cassidy, 2006). Where it is held by the court that such a conduct has been undertaken which can be deemed as discriminatory or prejudicial in an unfair manner or which is oppressive, the court can make an order pursuant to section 233 and this power is present based on section 232 of this act (Australasian Legal Information Institute, 2017). As per section 233, the court has the power of directing the management to do something or to refrain from indulging in certain conduct, which could include buying the shares of the shareholders, and the order for winding up of the company can also be passed based on this sec tion (Victorian Law Reform Commission, 2016). In order to show that an oppressive conduct has taken place, with regards to the dividends the three conditions given under Thomas v H W Thomas Ltd (1984) 1 NZLR 686 need to be applied. As per this case, it has to be shown that if remedies are awarded, they would be fair and equitable; that the purpose of indulging in a particular conduct was to oppress, discriminate or prejudice; and that there has been a failure in meeting the rational expectations of the parties. In the quoted case, the court held that by adopting a traditionalist financial strategy and by not paying high amounts as dividends, the conduct of the company would not become oppressive especially when the same has been agreed by the majority shareholders and there is absence of failure which could show the unfairness (New Zealand Official Law Reports, 2017). Application Applying the rules discussed here on the facts of the case study, the shareholders in question here belonged to such class where the directors had the discretion of awarding dividends. So, if these are not provided, it cannot be claimed upon by the shareholders as being oppressive. Also, applying the case discussed in the rules segment, here the awarding of remedies would be unfair as the conduct is not oppressive particularly because the same was optional. The purpose of this conduct was not to harm these shareholders but just to expand the business of the company. And lastly, the expectation of the shareholders is not just as the money is being used for a different purpose, which would benefit the company only. The buyback of shares can be best defined as the company purchasing its already issued shares from the shareholders (Latimer, 2012). The rationale for undertaking buyback of shares is not only to increase the ownership in the company but also to reduce the dilution, to increase the financial ratios of the company, whereby the position of the company is portrayed in a batter manner and by also benefiting from the undervalued company shares (Kandarpa, 2016). Under Division 2 of Part 2J.1 of the Corporations Act, the requisites for share buyback and the procedure which has to be adopted for the same is provided (Australian Government, 2013). This act, along with the Australian Securities and Investments Commission provides the requirements which have to be undertaken for buying back the share. Also, there is a need to fulfil the disclosure requirement covered under section 257A of this act. Further, there is a need for the valuation of shares of the independent expert based on Regulatory Guide 75 of the ASIC (ASIC, 2007). Applying the rules to the facts of the case, the company can here opt for buyback of shares and this would help the company in obtaining advantages of buyback. Plus, the company may have to anyways buy back the shares if oppressive conduct is established against the company. To seek the report of an independent expert for valuation purpose would right meet the rules stated above. Reduction of capital is such a procedure in which the share capital of the company is reduced and this is done by following the procedure which has been given under the law. Capital reduction, like buyback of shares, has its own benefits and included in this is the increased value of the shareholders and also helps in improving the capital structure of the company (Nanda, 2015). However, under section 256C of the Corporations Act, certain requirements have been stated which have to be fulfilled in order to reduce the share capital of the company. In this regard, there is a need to obtain the approval of the shareholders and also to prove that the reduction of the share capital would not be prejudicial for the creditors of the company, particularly with regards to their debt repayment. At times, the buyback of shares is also deemed as capital reduction; and apart from this, the capital can be reduced by redeeming the redeemable preference shares, amongst the other methods (ASIC, 2014) . Capital reduction would be beneficial for the company in this case, as with this the disputes associated with this classs shareholders can be avoided. But in order to undertake this capital reduction, there is a need to fulfil the criteria laid down under section 256C. Conclusion Hence, the company could opt for either of the two options, but it would be preferable to reduce the capital of the company. References ASIC. (2007) Share buy-backs. [Online] ASIC. Available from: https://download.asic.gov.au/media/1240127/rg110.pdf [Accessed on: 01/10/17] ASIC. (2014) Reduction in share capital. [Online] ASIC. Available from: https://asic.gov.au/for-business/running-a-company/shares/reduction-in-share-capital/ [Accessed on: 01/10/17] Australasian Legal Information Institute. (2017) Corporations Act 2001. [Online] Australasian Legal Information Institute. Available from: https://www6.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ca2001172/ definitions [Accessed on: 01/10/17] Australian Government. (2013) Corporations Act 2001. [Online] Australian Government. Available from: https://www.legislation.gov.au/Details/C2013C00605 [Accessed on: 01/10/17] Cassidy, J. (2006) Concise Corporations Law. 5th ed. NSW: The Federation Press. Kandarpa, K. (2016) What is the Purpose of a Share Buyback and How can Shareholders Benefit from it?. [Online] Wise Owl. Available from: https://www.wise-owl.com/investment-education/what-is-the-purpose-of-a-share-buyback-and-how-can-shareholders-benefit-from-it [Accessed on: 01/10/17] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Nanda, D.S. (2015) Reduction in share capital: Analysis. [Online] Corporate Law Reporter. Available from: https://corporatelawreporter.com/2015/02/23/reduction-share-capital-analysis/ [Accessed on: 01/10/17] New Zealand Official Law Reports. (2017) Thomas v H W Thomas Ltd - [1984] 1 NZLR 686. [Online] New Zealand Official Law Reports. Available from: https://www.lawreports.nz/thomas-v-h-w-thomas-ltd-1984-1-nzlr-686/ [Accessed on: 01/10/17] Victorian Law Reform Commission. (2016) The oppression remedy in the Corporations Act. [Online] Victorian Law Reform Commission. Available from: https://www.lawreform.vic.gov.au/content/3-oppression-remedy-corporations-act#footnote-135972-53-backlink [Accessed on: 01/10/17]