Law of Civil Remedies Water Adventures Pty Ltd.

Question: Describe about the Essay for Law of Civil Remedies of Water Adventures Pty Ltd. Answer: Introduction Water Adventures Pty Ltd. is a company which provides river rafting services and it seeks legal advices on few matters which have cropped up in the course of its business. The company has faced a threat of being sued in the Court with respect for trespassing property of Forest Enterprises and for infringing a design owned by River Rafting. Forest Enterprises and River Rafting may institute a suit any any time for obtaining legal remedy against Water Adventures. This paper seeks to give advices to Water Adventures about the legal remedies which the other two companies are going to obtain against it and also highlights the possibilities or chances of the success of such legal remedies. Brief Facts: Water Adventures Pty Ltd. provided river rafting services to adventure seekers on the Rocky River for the past five years. The river is used for rafting flows that is owned by Water Adventures and Forest Enterprises Pty Ltd. owns the neighboring land. Initially, Forest Enterprises gave permission to Water Adventures to use the river for the first 2 years at a fee of 20,000 $ per year. However, for the past three years Water Adventures did not have the permission to use the property of Forest Enterprises. Forest Enterprises did not renew the contract, as they wanted to protect the wildlife in the river. Sometime ago, Forest Enterprises wrote a letter to Water Adventures to stop their trespass however, Water Adventures continued to use the river and ignored the letter. Water Adventures were of the view that Forest Adventures would never be able to discover that Water Adventures are using their property. Water Adventures has asp copied the design of River Rafting for the purpose of manu facturing boats for their own use and for selling them to the public. They have been able to generate an income of $1.5 million through selling of the ships. The main basis on which Water Adventures Pty Ltd. has been threatened a legal action by the River Rafting Pty Ltd is that Water Adventures Pty Ltd has used a design owned by Rafting Pty Ltd for the purpose of manufacturing boat and selling them to the public. Issues: Based on the above facts, the following issues arise: What are the remedies available to Forest Enterprises and River Rafting against Water Adventures? What is the probability of the success of the remedy which Forest Enterprise and River Rafting may obtain against Water Adventures? Relevant Rules and Procedure: Tort law in Australia is a composition of precedents and rules rather than a composite set of legislative rules.[1] The precedents and rules define the legislative extent of tort law in Australia. A tort is considered as a civil wrong, rather than a breach of contract. Tort law is regarded as a way in which law has the capacity to interfere with the associations between private individuals to rectify the wrong conduct or wrong action[2]. Tort law has derived their status from common law. Australian tort law is also influenced by case laws and common law. However, there has been rectification in Australia with regard to tort law in the Civil Liabilities Act[3]. The tort law in Australia is divided into two major offences, which are negligence and trespass.[4] Thus, trespass as defined under common law gives any aggrieved party the right to bring about an action and receive compensation and damages for interference with his property in any form whatsoever which is conducted without the owners consent[5]. In cases where damage is caused to the property or to the property owner because of the trespass, the amount of compensation is higher. Moreover, trespass is a tort which is intentional in nature and thus in some cases can be punished as a crime.[6] Thus, a trespass action is brought about by the owner of a property who has the authority and the lawful right to possess and enjoy the property, when the said right is infringed by another individual without the owners consent[7]. Under the Australian common law, any form of unlawful entry into anothers property constitutes trespass and there is no requirement to prove actual damage or loss caused by the said trespass[8]. Trespass being an intentional tort, intention is required for the act committed and not for trespass. An individual, who has the right to enter a land, becomes a trespass as soon as he engages into conducts a certain action, which is wrongful or stays in the land for additional time than granted by the landowner[9]. Thus, intention as well as actual loss to land is not required to be established under the Australian common law trespass[10]. In Nickells v Melbourne Corporation, [11]a servant of the defendant drove horse, which was wild in nature and attached to a cart. Thus, in order to turn the said cart in a narrow way, he would go very close to the neighbors window. Thus, even after being aware of a potential trespass, the defendants servant turned the carry which resulted in the horse e br eaking neighbors window. Thus, in the said case, the defendant was held liable for the trespass committed by his servant and the court said that non intentional trespass is also actionable if the defendant was negligent[12]. In a trespass lawsuit in Australia, a plaintiff is not required to prove defendants intention to trespass and the defendant has no excuse available to state that he believes he was not committing any wrongful act or any wrongful interference[13]. Thus, defenses under trespass action are very limited[14]. Some defenses, which are available against trespass, are necessity, abating public or private nuisance, consent and officer performing his duty under law. The defendant is free from trespass charges, if the trespass is a result of any action, which is necessary to prevent public disaster. Additionally, a defendant is free from trespass charges if the said trespass is required to abate a public or private nuisance benefiting a third party or the society at large. Another obvious defense to trespass is consent from the property owner or a license to enter the land lawfully.[15] Consent in the said case can also be implied in form of custom or usage. However, consent is not valid for th e said purpose if the same is taken by fraudulent action, by mistake or under undue influence. Lastly, an officer enforcing law and in duty to either arrest, seize or search a property has the authority prescribed by law to enter any land with the consent of the owner. Principles relating to Design Now, a design is an artwork or a logo or an image which could be reproduced onto a t-shirt, calendar, clothes fabric, greeting card, book jacket or other products. The relevant law which deals with design is the Designs Act 2003. A deign may be registered under the Design Act 2003 and the owner of the design gets rights of monopoly in the visual features of configuration, shape and pattern of the design. Protection over Design Protection over a design protects a products appearances and not its functions. The products function may be protected by obtaining a patent. If a visual feature or the appearance of a product is associated with the products function, then the design does not disqualified from being registered.[16] Designs capable of being registered For a design to be registered, the design must consist of visual features of configuration, shape, ornamentation or pattern which are completely new and distinctive. A design shall be presumed to be a new design if it is not identical to: A design which has already been disclosed in a previous application for registration of the design or A design which has already been published and have been used by the public in Australia. A design shall be presumed to be a distinctive design if it is substantially not similar to: A design which has already been disclosed in a previous application for registration of the design or A design which has already been published and have been used by the public in Australia.[17] Rights of a design owner Once a person becomes the owner of a design which has been registered, he gets a right if monopoly over the design for a period of 10 years. The owner will have the following rights in respect of the design: Making of a product in which the design is embodied. Selling, hiring, importing or disposing of a product in which the design is embodied. Giving authority to others to do any of these things. The right of exploiting the design can also be permitted to be used or may be assigned by the design owner to any other person once a design gets registered. However, in order to take legal action against others for the purpose of restraining them to use the design, the registered design must be examined first. [18] Infringement of a registered design An infringement of a registered design takes place when a person, without taking permission of the design owner or without being authorized or licensed by the owner, manufactures, hires, sells or imports a product or uses a product for business or trade; provided such product embodies the registered design or is substantially similar or identical to the registered design. Infringement of a registered design also takes place when the person authorizes a third party to do any of the above mentioned acts.[19] Case law: Firmagroup Australia Pty. Ltd vs. Byrne and Davidson Doors (Vic.) Pty. Ltd and Others (1994)[20] In this case, the appellant (Firmagroup Australia) was the owner of a registered design. The design related to the shape and configuration of combination handle and lock for a shutter door. The design did not cover the rear face of handle and the lock. The design was supposed to apply by any suitable means and in any suitable manner. The design was registered in 1972. The respondents (Byrne and Davidson others) had the knowledge that the appellant was the owner of the registered design. Having kept such knowledge, the respondents manufactured combination handle and lock for shutter doors and sold them. The appellant alleged that the respondents have done an act resulting in the infringement of the rights of the appellant with respect to the registered design. After examining the respondents article the Judges formed an opinion that the said article was not similar to the appellants design. The respondents article was much slimmer and its design was much squat. According to the Court, the features of the design which can be protected are those in which the idea of one particular individual and specific performance is conveyed. The respondents article has a unique design of its own and it has not infringed the registered design of the appellant. Hence appellants contention was rejected and the Court held that no infringement has taken place. Case law: Stenor, Ld. vs. Whitesides (Clitheroe), Ld.[21] In this case, the Court held that a feature which identifies only a general characteristic of shape does not fall within the purview of design protection. Case Law: Polyaire Pty Ltdvs. K-Aire Pty Ltd Others[22] This is one of the most important cases on the infringement of design and has been decided by the High Court of Australia. The facts of the case are as follows: The appellant (Polyaire Pty Ltd) used to carry a business of manufacturing and selling of the components of air condition. Polyaire owned a design with respect to an air conditioning outlet director part. The design has been registered on the basis of novelty. The appellant had alleged that the respondents had made infringement of this design. The Trial Court had accordingly passed order of injunctions restrained the respondents from using the same design in manufacturing air conditions. However, the decision of the Trial Court was overturned in an appeal by the Full Court of the Federal Court. The principles which were applied by the Court in determining whether an infringement of design has taken place or not are as follows: The Court emphasized on the point that several statutes dealing with design protection have laid down that application of a registered design or any fraudulent imitation thereof in any product, without the consent of the owner would constitute the infringement of the registered design. The Court did find a fraudulent imitation of the design by the respondents in the light of the above stated facts. Application: In the given case study, Water Adventures did not have the permission to conduct their business on the given property that was owned by Forest Enterprises. Forest Enterprises was not interested in renewing the contract as they intended to protect the wildlife of the river. Additionally, Forest Enterprises wrote a letter to Water Adventures asking them to stop their trespass. However, Water Adventures continued with the use of the river and ignoring the letter with the hope that Forest Enterprises would never detect their unlawful use of the land. This depicted wrongful intention on the part of Water Adventures and they should have acted on the letter immediately they received from Forest Enterprises. One important criterion to make a person liable for trespass to land is wrongful interference with someone elses possessory rights in real or intangible property. In this case, Water Adventures wrongfully carried out the business on the land of Forest Adventures by using their land for r eaching the river. Forest Enterprises can claim wrongful interference of Water Adventures in their possessory rights. Forest Enterprises wrote a letter to Water Adventures informing them about their action of trespass, however, Water Adventures ignored this and they continued exploitation of the land. Such an action on the part of Water Adventures gives enough chances to Forest Enterprises to bring an action against Water Adventures. To prove Trespass against Water Adventures it is not sufficient for Forest Adventures to prove that they have suffered financial loss or harm by the usage of land. Once any of the parties to the case have caused interference to land, the person may become liable for trespass under Tort Law in Australia. However, the likelihood of success of Forest Adventures is not high because the tort law of Australia states that interference is not sufficient to make a person liable for trespass. The person should have physical access to land, in this Water Adventure s did not have physical access to land, to reach the river Water Adventures had to abseiling down the cliffs or by boat on the river itself instead of using the adjacent land owned by Forest Enterprises. Additionally, it may also be stated that Water Adventures already owned the Rocky River over which they were conducting their business. They did not use the land of Forest Enterprises for conducting their business. Hence, it may be stated that though Forest Enterprises can bring a successful action against Water Adventures for trespass however, the chances of success remains low as because the prevailing issue in question whether Water Adventures interfered with the possessory rights of Forest Enterprises remains in doubt. Water Adventures Pty Ltd has copied designs owned by River Rafting Pty Ltd. For the purpose of manufacturing boats. They have even sold the boats to the public. Through the sale of boats, an income amounting to $ 1.5 million was generated for Waters Adventures Pty Ltd over the past five years. Therefore, River Rafting Pty Ltd. will possibly seek remedy against Water Adventures Pty Ltd for infringement of the design. If River Rating Pvt. Ltd is able to prove that the design used by Waters Adventures Pty Ltd is an imitation of its design, then it can obtain a possible remedy against Water Adventures. However, Water Adventures can defend the suit by arguing that the design used by Water Adventures was not similar to that of the River Rafting. The design which the Water Adventures used was substantially different from that of the River Rafting. Water Adventures needs to show before the Court that though both the designs had the same function with respect to the manufacturing of boats but their features were not the same. The boats which have been designed by Water Adventures have novelty and they are unique in their own style. Further, the visual appearances of the boats manufactured by Water Adventures also differed from that of the River Rafting. Design protection is available only in respect of a product but not of its functions. Therefore, the chances of success of legal remedies against Water Adventures can be decreased by putting forward the above mentioned defences. Further, fraudulent imitation of the design on the part of Water Adventures needs to be strongly defended in o rder to safeguard itself from the legal remedies which may flow from the action of River Rafting. Conclusion: In case of trespass, the person who is held liable for unlawful and wrongful interference in the land of another he or she may have to pay compensatory damages to the plaintiff[23]. However, this can only be awarded if the person has obtained any benefit from the land of the plaintiff. Additionally, the Court may also pass on order of injunction against the defendant, to restrain from unlawful interference of the land[24]. This is regarded as one of the most effective remedy to stop the intrusion to land. Hence, if Forest Enterprises is able to convince the Court that Water Adventures wrongfully carried out trespass the Court may pass an order for any of the above-mentioned awards in favor of the plaintiff. It is important to state here frankly that the River Rafting has got a good chance of obtaining successfully the remedies available under Design Protection. In the light of the stated facts, Water Adventures has copied the design of River Rafting without its consent which indicates a clear infringement the rights of the owner of the registered design. Had the design not been copied or had it been slightly different from the registered design, the defences would have become strong. Bibliography Barker, Kit, et al. The law of torts in Australia. Oxford University Press, 2012. Bently, Lionel, and Brad Sherman. Intellectual property law. Oxford University Press, USA, 2014. Bruun, Per. Design and construction of mounds for breakwaters and coastal protection. Vol. 37. Elsevier, 2013. Cane, Peter, and Patrick Selim Atiyah. Atiyah's Accidents, compensation and the law. Cambridge University Press, 2013 Caruana, Alex. "Understanding trespass."Agent, The46.2 (2013): 12. Cozens, Paul, and Marc Tarca. "Exploring housing maintenance and vacancy in Western Australia: perceptions of crime and crime prevention through environmental design (CPTED)."Property Management34.3 (2016). Davison, Mark, Ann Monotti, and Leanne Wiseman. Australian intellectual property law. Cambridge University Press, 2016. Deakin, Simon F., Angus Johnston, and Basil S. Markesinis. Markesinis and Deakin's tort law. Oxford University Press, 2012. Du Mont, Jason J., and Mark D. Janis. "Origins of American Design Patent Protection, The." Ind. LJ 88 (2013): 837. Field, Rachel, James Duffy, and Colin James, eds. Promoting Law Student and Lawyer Well-Being in Australia and Beyond. Routledge, 2016. Fitzsimons, James, et al. "Development by design in Western Australia: overcoming offset obstacles." Land 3.1 (2014): 167-187. Foster, Neil J., et al. "Discussion of the Tort of Breach of Statutory Duty." (2016). Goudkamp, James. "Reforming English Tort Law: Lessons from Australia."Damages and Compensation Culture: Comparative Essays, Forthcoming(2016). Greer, Guy, and Alysha Dinardo. "Trespass, illegal mining and private land."Australian Resources and Energy Law Journal33.2 (2014): 130. Lloyd, Ian. Information technology law. Oxford University Press, USA, 2014. McCausland, Clare, Siobhan OSullivan, and Scott Brenton. "Trespass, animals and democratic engagement."Res Publica19.3 (2013): 205-221. Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. Mitchell, Paul.A History of Tort Law 19001950. Vol. 8. Cambridge University Press, 2014. Nimmer, David. Nimmer on copyright. LexisNexis, 2013. Poisel, Tim. "Landowners awarded almost US $3 million in the first fracking verdict in Texas: A sign of things to come in Australia?."Australian Resources and Energy Law Journal33.3 (2014): 291. Simons, Kenneth W. "Victim Fault and Victim Strict Responsibility in Anglo-American Tort Law." Journal of Tort Law 8.1-2 (2015): 29-66. Stickley, Amanda P. "The issue of consent: For the plaintiff or defendant to prove in trespass to person?."Australian Civil Liability12.5 (2015): 90-92. Trotter, Andrew, et al. "the sydney law review." (2014). Virgo, Graham. "Tort Law Defences. By James Goudkamp [Oxford: Hart Publishing, 2013. xlvi+ 221 pp. Hardback 60. ISBN 9781849462914.]." The Cambridge Law Journal 74.01 (2015): 160-163. [1] Barker, Kit, et al. The law of torts in Australia. Oxford University Press, 2012. [2] Poisel, Tim. "Landowners awarded almost US $3 million in the first fracking verdict in Texas: A sign of things to come in Australia?."Australian Resources and Energy Law Journal33.3 (2014): 291. [3] Caruana, Alex. "Understanding trespass."Agent, The46.2 (2013): 12. [4] Cane, Peter, and Patrick Selim Atiyah. Atiyah's Accidents, compensation and the law. Cambridge University Press, 2013 [5] Cozens, Paul, and Marc Tarca. "Exploring housing maintenance and vacancy in Western Australia: perceptions of crime and crime prevention through environmental design (CPTED)."Property Management34.3 (2016). [6] Mendelson, Danuta. The new law of torts. Oxford University Press, 2014. [7] McCausland, Clare, Siobhan OSullivan, and Scott Brenton. "Trespass, animals and democratic engagement."Res Publica19.3 (2013): 205-221. [8] Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. [9] Mitchell, Paul.A History of Tort Law 19001950. Vol. 8. Cambridge University Press, 2014. [10] Stickley, Amanda P. "The issue of consent: For the plaintiff or defendant to prove in trespass to person?."Australian Civil Liability12.5 (2015): 90-92. [11] Deakin, Simon F., Angus Johnston, and Basil S. Markesinis. Markesinis and Deakin's tort law. Oxford University Press, 2012. [12] Field, Rachel, James Duffy, and Colin James, eds. Promoting Law Student and Lawyer Well-Being in Australia and Beyond. Routledge, 2016. [13] Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. [14] Goudkamp, James. "Reforming English Tort Law: Lessons from Australia."Damages and Compensation Culture: Comparative Essays, Forthcoming(2016). [15] Virgo, Graham. "Tort Law Defences. By James Goudkamp [Oxford: Hart Publishing, 2013. xlvi+ 221 pp. Hardback 60. ISBN 9781849462914.]." The Cambridge Law Journal 74.01 (2015): 160-163. [16] Bruun, Per. Design and construction of mounds for breakwaters and coastal protection. Vol. 37. Elsevier, 2013. [17] Bently, Lionel, and Brad Sherman. Intellectual property law. Oxford University Press, USA, 2014. [18] Fitzsimons, James, et al. "Development by design in Western Australia: overcoming offset obstacles." Land 3.1 (2014): 167-187. [19] Du Mont, Jason J., and Mark D. Janis. "Origins of American Design Patent Protection, The." Ind. LJ 88 (2013): 837. [20] Davison, Mark, Ann Monotti, and Leanne Wiseman. Australian intellectual property law. Cambridge University Press, 2016. [21] Nimmer, David. Nimmer on copyright. LexisNexis, 2013. [22] Lloyd, Ian. Information technology law. Oxford University Press, USA, 2014. [23] Greer, Guy, and Alysha Dinardo. "Trespass, illegal mining and private land."Australian Resources and Energy Law Journal33.2 (2014): 130. [24] Barker, Kit, et al.The law of torts in Australia. Oxford University Press, 2012.

Accounting Business And Corporate Banking

Questions: 1. Identify specific strategies used by Westpac to ensure conformity to appropriate financial services industry legislation, policies, procedures and guidelines? 2. Conduct the appropriate research to determine the Australian Accounting Standards Board requirements for reporting entities and non reporting entities? Answers: 1. Internal and External Audits Internal and External Audits of Westpac 2014 2015 Type Number Hours Number Hours All Internal Group Audit 149 61463 161 67579 Internal Environment Audit 1 50 50 88 Internal OHS Audit 8 509.2 8 512 External Financial Audit 121 - 1 656 External OHS Audit 8 97 - - Table: Internal and External Audits for Westpac Source: [1] The financial declaration of Westpac Group is prepared and presented as per the conditions stipulated under Australian Accounting Standards (AAS) Interpretations as declared by AASB Corporation Act 2001 as well as banking at 1959 modified. In addition to this, the financial statement also complies with IFRS and ISB. As per the declaration of the auditor independence stipulated 307c of the Corporation Act, there exists no contravention of the requirement of independence of the auditors under Corporation Act 2001 in association to audit. Furthermore, there also exists no contravention of any professional conduct code in association to audit. Corporate Governance Corporate Governance of Westpac encompasses the major principles for serving the rights of the shareholders. Board is committed to highest standards in aligning with Corporate Governance in recognizing fundamental for all the activities. This involves regular analysis of improved government practices for monitoring the global developments as per best practices in Corporate Governance[2]. Corporate Governance Statement of Westpac sets out the given principles covering the main aspect such as: Audit Governance as well as Independence Meeting wider aspects in corporate responsibilities [3] Paying as well as rewarding Executives Controlling over management risk The management of Westpac confirms with ASX Corporate Governance Principles as well as Recommendations namely third edition declared by Corporate Governance Council of ASX Limited. This tactics refers to the commitment of the company towards achievement of excellence in governance stipulations. Employment Conditions Business Strategy of Westpac involving in conducting customer-focused those will deliver superior customer experience as well as broadening of customer relationships. In other words, driving operational efficiency for Westpac in balancing risk and reward As per the Director report presented in the annual declaration of the company, Westpac intends to attract and retain talented workforce. This means the company also adopts innovative recruitment strategies, superior working conditions for meeting up altering expectations of the employees and developing right people for right job. The company has retained Employer of choice for Gender equality provided by workplace Gender equality agencies. The company also abides by legislative liabilities Workplace Injury Management and Workers Compensation Act 1998, Accident Compensation Act (1985), Workers Rehabilitation and Compensation Act 1986. Formal and Informal Staff Training Employee working at Westpac is provided with efficient formal as well as training session at the time of induction programs[4]. Commitment to employees at Westpac involves staff member receiving adequate training as well as development selected on merit basis. 2. It reveals conducting appropriate research for determining the Australian Accounting Standards in case for reporting as well as non-reporting entities. By summarizing, it can be noticed that Board list entity after approving from entity financial statements for given financial period. From the financial records, information are taken out regarding the reporting standard and non-reporting entities in compiling with appropriate accounting standards for rendering true and fair view of financial position[5]. The general purpose of financial report for preparing financial statement in accordance with Australian Accountant Standards from the Corporations Act 2001 References Shim J, Siegel J and Shim J,Financial Accounting(McGraw-Hill 2012) 'Westpac - Personal, Business And Corporate Banking' (Westpac.com.au, 2016) https://www.westpac.com.au accessed 10 November 2016 'Westpac - Personal, Business And Corporate Banking' (Westpac.com.au, 2016) https://www.westpac.com.au accessed 10 November 2016. Jae K Shim, Joel G Siegel and Jae K Shim,Financial Accounting(McGraw-Hill 2012). Westpac - Personal, Business And Corporate Banking' (Westpac.com.au, 2016) https://www.westpac.com.au accessed 10 November 2016. Westpac - Personal, Business And Corporate Banking' (Westpac.com.au, 2016) https://www.westpac.com.au accessed 10 November 2016. Westpac - Personal, Business And Corporate Banking' (Westpac.com.au, 2016) https://www.westpac.com.au accessed 10 November 2016.

Sample Essay For Graduate School Admission

Sample Essay For Graduate School AdmissionGraduate admissions officers can greatly benefit from having a sample essay for graduate school admissions, but many times students will ask for them when they want to apply for a graduate program. A sample essay is often an excellent way to know if you have the skills and experience needed to succeed in the admissions process.You'll need to have a brief, to-the-point statement on why you are looking to enroll in graduate school. Your admissions essay needs to be brief and to the point; it's not a writing assignment, so you don't want to try to cram a lot of information into a paragraph or two.If you need to fill a short paragraph, don't worry, you can always add in some supporting facts. For example, if you are looking to get a master's degree in business administration, you can simply include this as a fact.You can also include some personal experiences that support your stated educational goal. By telling a story about a specific experienc e that you had while attending college can give you added credibility.You also need to consider how you will write your essay, as a writer needs to have great command of grammar and syntax. Do you want to use software such as Microsoft Word or do you want to write it by hand?It's best to take this into consideration before you start writing your essay. Knowing how to type or a computer program may be an advantage but using the letter form is going to give you the most control.So you know your grammar and you're looking to include some personal experiences that will support your admissions essay, then you're going to need to find a writing program. One that allows you to use a word processor or does not. These writing programs come with rules and guidelines so that the admissions officer can quickly scan through your file and determine whether you will be accepted or not. Once your paper is completed, the admissions officer should be able to provide you with the writing test and you can then be assured that you have all the necessary qualifications to get into the graduate program you are after.

Mafia As Government Essays - American Mafia, Mafia,

Mafia As Government History and Introduction The history of the Mafia began in the ninth century, when a secret society was formed to protect the people of Sicily. Sicily was occupied by Arab forces. A group of Sicilians fled into the countryside to escape, and later to fight, the encroaching forces. This group became the Mafia. The groups original intentions were to create a sense of loyalty and respect for tradition, culture and family. The Mafia protected its' members interests and promoted protected individuals and businesses in exchange for loyalty and monetary tribute. As time passed, and the Mafia expanded to the Americas, the Mafia became more criminal, engaging in provision of illegal services and collection of taxes in defiance of the legitimate government. It is the purpose of this work to argue that the Mafia, a criminal organization, meets the criteria to be considered a government. The terms Mafia or mob used in this work should be considered to be synonymous and to refer to the American Mafia. The Mafias structure is similar in nature to a feudal government system, with agents reporting to regional governors, who in turn report to the organizations leader. While the mob may or may not possess an overall head, individual regions of the mob may be thought of as a form of local government. The Mafia, as it is currently being discussed, exists within the confines of the United States, and thus may be in competition with, or at least overlapping the geographic areas of other government systems. Definitions of Government Ayn Rand has much to say on the proper function of government, but it is unclear as to what she considers a formal definitionon of what exactly categorizes an organization as a government. Her most specific response to the question appears in the opening sentence of The Nature of Government. The opinion is that the use of force and the enforcement of rules should be limited to government. (Rand) Randall Holcombe references Robert Dahl and Max Weber, summarizing their points of view that a monopoly on the use of force in a given area is the defining characteristic of government, thus adding a spatial characteristic to the definition. Holcombe further points out that obviously a monopoly on the use of coercive force is not required as can be seen from examples of overlapping area and jurisdictional authority within the federal, state, and local governments in the United States. Finally Holcombe puts forth the idea that, for a positive economic view, the hallmark of government is the ability to tax all parties within a given geographical region, for the purpose of financing its operations. (Holcombe) Mafia as Government Would the Mafia meet the criteria of Rand, Dahl, or Weber? Except in certain isolated instances, probably not. The United States federal government exerts coercive influence over practically all individuals or firms living or operating within its boundaries, not to mention state and local agencies. Of course, by any definition requiring a monopoly of use of force, whether spatially limited or not, the real governments dont qualify as governments either. Following Holcombes definition, which does define the aforementioned federal, state, and local agencies as governments, where does the Mafia fall in respect to being considered as a government? In other words, can it be argued that the Mafia has the power to tax all businesses or individuals within a geographic area? Armed with only information from hearsay and popular culture, the answer would have to be yes. Systemized extortion or protection fees could very well be collected for all within a given area. It may be that the popular image is inaccurate, which may affect the classification, but for the sake of argument it is considered an accurate assessment here. The issue may be raised as to the legality of the mob. It may be argued that they cannot be considered a government as they are criminal. What is it that distinguishes the mob as criminal? Is it the services provided by the mob, which the real government has deemed illegal? Obviously the argument over legalization of certain enterprises is too great to be discussed fully here, but consider that underprovision of a good by traditional, and of course legal, markets is often one of the

Nashville and its Origins essays

Nashville and its Origins essays Initially the land that occupied Nashville, Tennessee, was nothing other than an outpost for French fur traders around 1717. Just over sixty years later, on Christmas day 1779, the first permanent settlement of non-natives arrived under the leadership of an Englishman named James Robertson, to a place called French Lick, as he had been granted authority to expand North Carolina westward. It grew when more settlers arrived in April, and on April 24, 1784, the settlement, which at the time was a part of North Carolina, was named Fort Nashborough, in honor of the Revolutionary War general Francis Nash. Three years later, North Carolina named Davidson County for William Lee Davidson, another hero of the Revolution. The next year, in 1784, Fort Nashborough was renamed to Nashville in a legislative vote. The early settlers were harassed by Indian raids, until Robertson brokered a peace agreement in November 1794. In 1796, Tennessee earned the right to call itself a state, and sixteen years later, in 1812, Nashville enjoyed its first tenure as state capital. The capital then moved to Knoxville in 1815 and Murfreesboro in 1817. Finally, in 1826, Nashville regained its status as capital. The city was growing slowly, and in 1833 had 6,000 inhabitants. Ten years later, in 1843, the state legislature voted to make Nashville the permanent state capital of Tennessee. Due in large part to its designation as state capital, Nashvilles population grew more quickly over the next seventeen years, and by the dawn of the Civil War, Nashvilles inhabitants numbered seventeen thousand. The remainder of the century was a time of growth for Nashvilles economy, one of the major reasons for which was the railroad industry. The middle of the nineteenth century was a time of vast improvements in transportation, leading to economic growth throughout the country. Nashville was no exception. On December 4, 1951, the Tennessee Leg...

Organization Theory & Design Bachelor Essay Example | Topics and Well Written Essays - 1500 words

Organization Theory & Design Bachelor - Essay Example FedEx has always been a leading innovator in changing how the world works and lives. By providing perspective on subjects that are critical to life and business today, we seek to call attention to these important topics and help others realize the benefits and opportunities associated with them. The company's mission is to produce superior financial returns for shareowners by providing high value-added supply chain, transportation, business and related information services through focused operating companies. Federal Express will be focused in the customers' satisfaction in the highest quality manner. The organization will strive to develop mutually rewarding relationships with its employee, partners and suppliers. Safety will be the first consideration in all operations. Corporate activities will be conducted to the highest ethical and professional standards. This study examines the organizational structure on firm performance, incentive problems, and financial decisions. The FedEx families of companies headquarter in Memphis, TN represents a $32 billion corporation that offers the broadest array of transportation, e-commerce and supply chain solutions in the world. At FedEx, more than 260,000 employees and contractors are personally dedicated to doing absolutely, positively whatever it takes to deliver for our customers' everyday. The FedEx family of companies is comprised of the following: FedEx Express - Reliable express delivery, usually in one to two business days, delivering to 220 countries. FedEx Ground - Dependable, small package ground service, including FedEx home delivery. FedEx Freight - Regional, less-than-truckload transportation for heavyweight freight FedEx Custom Critical - Non-stop, door to door delivery of time critical shipments whether its parts to keep a vital production line running, emergency generators to restore power after the storm, or a priceless piece of art that needs special handling. As North America's largest time-specific, critical-shipment carrier, FedEx Custom Critical provides pickup and delivery services throughout the U.S. and Canada within Europe - 24 hours a day, 365 days a year. FedEx Trade Networks - High-tech customs clearance solutions. FedEx Services - Information Technology, sales and marketing services for the FedEx companies. The Strategic Direction sector of FedEx was created to improve the strategic policy and planning capability, and strengthen its external liaison and partnerships-building capacity. The sector is responsible for providing advice and support to senior management in setting the strategic direction of the organization, and does so by ensuring FedEx direction is aligned with broader government priorities, and reflects emerging environmental trends and the imperatives of partners and clients. The sector incorporates a policy development and research capacity to improve FedEx input to emerging policy, and a rigorous environmental scanning capability to assess the socio- economic, technological, legal and political environment, both at the domestic and international levels. In addition, a strong internal and external communications component supports strategic policy and planning, and helps the FedEx achieve its identified priorities. FedEx main goal is to The responsible for the strategic direction of FedEx is Mr. Frederick W. Smith he is the chairman, president and chief

Personal statement Example | Topics and Well Written Essays - 750 words

Personal Statement Example I have taken the highest level of math courses available to me, and have always felt that mathematics come very naturally to me, but I also have always been able to understand complex systems such as those in biology or chemistry. I think that my understanding of systems and my affinity for mathematics will lead to me being highly successful as a major in economics. My interest in economics largely stems from the recession which seems to have dominated American life for most of the time in my life when I could understand such issues, and shows no sign of improving drastically for another great portion of my life. It seems incredible that it was possible for so much false wealth to be generated simply by banking practices and poorly loans, and that the drop in one area of financing could lead to a cascade reaction that has such immense global consequences. I want to study economics to be able to understand how all of this could have happened – and how it can be prevented in the future. ... But it also asks for an experience that is important to you, and I would like to focus on that. Throughout high-school I have volunteered in a wide variety of places in a very organized fashion, but there was one experience that I remember that stood out especially for me. A few years ago there was a storm in my town that caused extensive property damage to my family’s house and all of the houses in the vicinity – and the work of clearing up took a long time. Once many of the families were well progressed in clear broken trees and other damages from their property, it became apparent that a neighbor of mine who I had never met was not clearing their property at all – when I noticed this I asked my parent why this was the case, and they reminded me that the couple that lived there was fairly old and might not be able to clear the property themselves. I decided that it would probably be a good thing to go check on them, and see if they could use some help clearing their property. At first they said they had it under control, but upon talking to them more I learned that they were trying to save up money to hire a cleaning crew, because they could not do the work on their own, but crews were so expensive they were having a hard time at it. I offered to help, and over the next few days spent an hour or two a day clearing their property, which was a slow process and eventually got very frustrating. On the third day, however, another neighbor stopped by and asked why I was doing this when it was not my property, and so I told them the story, and they offered to help a few hours to. The next day another person stopped by, and before too long we had nearly a dozen people working to clear the property, and it was finished in less than a