Company Law Course Wrap Up

MGMT3046 Company Law: Course Wrap Up November 2012 We have come to the end of formal instruction in Company Law, so it is useful at this point to review the main learnings from the course. This will be somewhat long! Unit1 Salomon v Salomon and the corporate veil. This is a foundational case in company law which enunciated the principle of the separateness of company and its members (shareholders and officers). The principle makes it quite clear that the separation of the company from its members will always hold; it is only in exceptional cases that the corporate veil will be lifted, such as in instances of fraud or other illegality.This means that a company may contract in its own name and, similarly, be held liable for breaches committed in its name. As mentioned before, shareholders and officers of the company will not usually be held liable for acts committed by the company. This leads directly to the concept of limited liability. Since a company is a separate legal entity, it f ollows that its members will not be liable for its debts. As a distinct legal entity, a company’s assets belong to it and not its members; its liabilities belong to it and are not the responsibility of the members.In the event of the company becoming insolvent or bankrupt, a shareholder’s loss would only be limited to the amount of unpaid shares he has outstanding in the company. In this way, a shareholder is afforded limited liability. Conversely, unlimited liability companies impose unlimited liability on its members. Ultra Vires. Ultra vires describes acts undertaken beyond (ultra) the legal powers (vires) of those who have purported to undertake them.The three main applications of ultra vires were: o whether the company acted outside is capacity; o whether the company’s agents acted in excess of authority; and o whether the company’s act was contrary to statutory provisions. This proved to create great difficulties for creditors as they might provide goods and services to companies which, when they refused or were unable to honour payment, were protected by the fact that contracts were deemed null and void and therefore unenforceable.Creditors had no recourse in the face of this issue. See Ashbury Railway Carriage & Iron Co Ltd v Riche. Ultra vires has since been abolished by statute such that, even though companies and its members may not be authorised to act in a particular way or to make certain decisions, they may still be liable for such unauthorised acts as against third parties. This concept will return again in other units. Unit 2 Lifting the Corporate Veil.The corporate veil does not provide blanket protection to the members and officers of a company. It will once they have acted carefully, honestly and in good faith. In cases of illegality and negligence, the veil may be lifted to expose the offending member to liability. Both statute and common law provide for the lifting of the corporate veil in such instances. This Session discussed the statutory exceptions to limited liability which include: 1 MGMT3046 Company Law: Course Wrap Up November 2012 †¢ †¢ †¢ †¢ †¢ eduction of number of members (it is to be noted that while a company may be operated with only one director under UK statute for up to six months, the same does not hold for Trinidad and Tobago); fraudulent and wrongful trading (these apply only during the winding up process [to be dealt with in further detail in Unit 8]; wrongful trading may be inferred from â€Å"reckless disregard† as found in s 447(1)(b) and (c)); disqualified directors (a director may be disqualified either during the course of normal operations of the company or during the winding up process); abuse of company names (this usually involves the transfer of company assets at an undervalue to the new company); and other named offences relating to documentation. While the veil of incorporation usually affords protection to a companyâ€⠄¢s members and officers, the Court will lift it in cases of statutory breaches where strict liability attaches to those found responsible for the breach.The Responsible Corporate Officer Doctrine, which holds the decision-making officer liable, operates very similarly in other legislation but is held to be separate from lifting the veil. At common law, the court will be prepared to lift the corporate veil under very limited circumstances. While there are no clearly defined categories, the court will lift the veil where individuals are concerned in instances of using the corporation as an agent (based on the degree of control exercised by the shareholders over the operations of the company) or where there is fraud or impropriety. In the case of corporations as shareholders, the court will lift the veil in cases where it can find an implied agency relationship and a group of companies acting as a single entity.It is generally held that the court will lift the veil in parent-subsidiar y relationships where the evidence shows that the subsidiary is but an agent of the parent (based on the degree of control exercised by the latter over the former); statutory or contractual provisions dictate that it should be lifted; or the subsidiary is established as a sham. A company will be deemed to be acting fraudulently where it is established to avoid a court order or other legal obligations; this usually applies where the shareholders are individuals. In such cases, the court will lift the veil to expose the company’s members to liability. Unit 3 Directors of a Company. A director’s behaviour is governed largely by the Companies Act, specifically by section 99. A director’s responsibilities and liabilities are very clear and simple.He must exercise the powers of the company; direct the management of the company (s 60); declare any personal interests (s 93); act honestly and in good faith; and exercise care, diligence and skill a reasonable person would exercise under similar conditions. Any breach of these requirements will lead to personal liability on the director’s part. The company may choose to indemnify a director for any liabilities incurred where he acted honestly and in good faith and in the best interest of the company (s 101). Particular attention should be paid to the words used in section 99 and their meaning. 2 MGMT3046 Company Law: Course Wrap Up Unit 4 November 2012 Directors of a Company. A director’s behaviour is also governed by common law which reflects, in large part, section 99 of the Companies Act.They owe a fiduciary duty to the company to act in the best interest of the company, lawfully, honestly and in good faith, otherwise, they will be in breach of their fiduciary duties owed to the company. Pardy v Dobbin is an excellent case on point. Shareholders are able to indemnify a director’s acts or decisions if they so choose where there is disclosure by the director of his interest. Apa rt from the duties owed, a director may be held personally liable in tort or for criminal activity, especially in cases of fraud or negligence, and will not have the protection of the corporate veil. It is important to note that where the tortious conduct of a director is motivated by self-interest or personal benefit, then the director may be liable (Blacklaws v Morrow, 2000 ABCA 175 (CanLII), paragraph 137).Personal liability will only attach, therefore, where it can be proven that the acts of the director are separate from the interest of the company or where such acts have been expressly directed by him. Fraud is proved when it is shown that a fraudulent misrepresentation has been made (i) knowingly, or (ii) without belief in its truth, or (iii) recklessly, carelessly whether it be true or false. A director will be held liable where any of these is proved. With respect to criminal liability, a director will usually be held criminally and personally liable where he acted in fraud on the employer, for his own benefit, or contrary to instructions.In other cases of criminal liability, the company will be held to be vicariously liable, together with the officer in question. Under the directing mind or identification principle, a corporation may be held vicariously liable for the criminal acts of its â€Å"directing mind†. In mens rea [criminal intent] offences, if the Court finds the director to be a vital organ of the company and virtually its directing mind in the sphere of duty assigned him so that his actions and intent are deemed the action and intent of the company itself, the company can be held criminally liable even where the criminal act was performed not wholly for the benefit of the company. He must, however, have been acting within the scope of the area of the work assigned to him.In the case of fraud, where the benefit accrues only to the director and is not intended to be for the benefit of the company, the corporate entity may be able to escape liability. Other Officers of a Company. Their behaviour, too, is governed by section 99 of the Companies Act. Unit 5 Shareholders. A shareholder is a member of a company, usually someone who has invested in the company and is considered an owner or part-owner. At law, the shareholder is not the incorporated entity; they are distinct entities, where the company is deemed a separate, legal person with rights, privileges and liabilities, 3 MGMT3046 Company Law: Course Wrap Up November 2012 in like manner as a shareholder. Their rights, privileges, liabilities, immunities and procedures for holding meetings are all covered by the Companies Act.In addition to the Companies Act, shareholders’ relationship with each other and the company are further governed by the terms of the shareholders’ agreement, which may place restrictions on their behaviour. It should be noted that there are certain fundamental changes that may only be effected by the shareholders. Unit 6 Stat us of the Minority Shareholder. The majority rules. This is enshrined in law, both common and statutory law. This makes it very difficult for minority shareholders to protect the interest of the company. This principle has its roots in the foundational case of Foss v Harbottle [1843] 67 ER 189 which addresses the heavily circumscribed status of the minority shareholder.Section 37(c) of the Interpretation Act further compounds this issue as it also reinforces this principle. In addition to the majority rules principle, another important issue that arose is the proper plaintiff rule. The court held that if the majority is committing wrongs against the company, it is the company itself that should take action to protect itself. Nevertheless, the law has taken into consideration the underprivileged position of the minority shareholder and allows him to take actions as exceptions to the rule in Foss v Harbottle. As the company is an inanimate entity, it cannot take action on its own, hen ce the relaxation of the proper plaintiff rule to allow the minority to act on its behalf.Obviously, the majority would be the entity to allow or disallow any such action and they will not permit the minority to take action against them. The minority shareholder(s) will have a right of action against the majority shareholder(s) in specific situations. He may be allowed to take derivative action – an action brought by a shareholder (or director) of a company in the name and on behalf of that company – in very peculiar circumstances. This means that any benefit accrues to the company only and not to the benefit of the shareholder. There are certain acts that a majority may not legally undertake and for which the minority may initiate such action.The minority has a common law right of derivative action where the majority attempts to: o o o Confirm an act which is ultra vires or illegal; Confirm an act which constitutes a fraud against the minority where the wrongdoers are themselves in control of the company; Confirm an act which can only be validly done or sanctioned, not by a simple majority but by some special majority; otherwise, a company could de facto do by simple majority something which required a special majority; or Affect qualified minority rights. o Where his personal rights are affected, he may take action in his own name. Any benefit here accrues directly to the shareholder. The minority shareholder also has rights under the Companies Act to protect the interests of the company against the will of the majority. As in the common law, the act also allows for derivative action pursuant to section 240. The procedure in 4 MGMT3046 Company Law: Course Wrap Up November 2012 s 240 must be followed prior to making a claim based on any of the four common law rights of derivative action mentioned.With respect to personal rights of action, minority shareholders may dissent to shareholder resolutions seeking to make fundamental changes to the corp orate entity (s 227) or may seek to restrain oppressive behaviour on the part of the majority that is unfairly prejudicial to or unfairly dismissive of the interests of shareholders or other members or officers of the company (s 242). In this way, the minority shareholder is offered the right under law to protect his own interest or the interest of the company. Unit 7 Insider Trading. This relates to trading in public companies. An insider is someone who breaches a fiduciary duty owed to his employer to act honestly and uses unpublished, price-sensitive information to trade in securities or communicates such information to someone else who trades. The information he has will be considered material if it will help an investor determine whether or not to purchase or sell shares.Where an insider uses such information for his personal benefit to avoid a loss or make a profit, he will be in breach of the Companies Act, the Securities Industry Act and common law principles relating to: o Access to confidential information; o Breach of fiduciary duty or other relationship of trust; o Material confidential information; and o Using material confidential information for one’s benefit. Unit 8 Winding Up and Dissolution. Winding up is the process of liquidating a company and its assets and then distributing the proceeds while dissolution is the cessation of the company. The most important issue here is trading while insolvent. This is regulated by s 447(1) of the Companies Act.This section raises the issue of fraudulent trading, where it is discovered during the liquidation process that the company continued carrying on business, despite knowing or being unconcerned that it would have been unable to honour its debts and liabilities. Liability under this section is usually triggered when the court is satisfied that a person has not taken every possible step with a view to minimising the potential loss to the company’s creditors as he ought to have taken. Seve ral important words and phrases are used in this section: intent to defraud; reckless disregard; debts and liabilities; knowingly; and personally responsible. The Central Bank case provides an excellent exposition into s 447(1) and the eaning of these terms. The use of such words and phrases make it clear that anyone guilty of this offence must have purposely or carelessly undertaken these acts despite knowledge or care of the company’s inability to cover the debts and liabilities incurred by it. Any person so guilty will be held personally responsible without any limitation of liability. It should be noted that this is not restricted to directors and officers; anyone, such as an accountant who may have audited the accounts and been aware of the dire financial situation, for example, who was knowingly involved would be held liable as well. It also applies to past officers and directors. 5MGMT3046 Company Law: Course Wrap Up Unit 9 November 2012 Corporate Governance. Corporate governance has assumed great prominence within the last twenty years. There are many definitions, but they all revolve around good management practices which encompass accountability, transparency and honest. Several financial scandals, resulting from a lack of these traits, led to the promulgation of codes of conduct for companies. These codes focussed on remuneration for directors, the role of the non-executive director, reporting functions of the board, and the role of auditors and audit committees. An ultimate combined code was created that encompassed the main points of each individual code.While none of these codes have the force of law, they provide a moral barometer specifically for public companies to engage in good management practices. Private entities are welcomed and encouraged to follow these guidelines as well. The wide range of stakeholders just might ensure that these non-binding codes are adhered to, as companies, public and private, are required to act in the bes t interest of the company and society at large. The threat of damage to the company's reputation may also assist in this regard. Of course, where companies fail to do so, they will be subject statutory and common law sanctions, even where the codes lack the ability to penalise.Section 99 of the Companies Act, in particular, and common law fiduciary duties apply here. Unit 10 Partnerships. What is a partnership? They are unincorporated entities, known as firms, comprising any combination of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations (s 4, Companies Act). The relation which subsists between persons carrying on a business in common with a view of profit (s 3(1), Partnership Act) How is a Partnership different to a Company? Unincorporated entities Based on the law of agency Partners bear equal benefits and liabilities Formal establishment not necessary Less statutory responsibilities What does not necessarily constitute a Partnership? oint ownership; sharing of gross returns [Cox v Coulson – no agency]; and sharing of profits [Stekel v Ellice – employment contract vs partnership agreement]. Creation of a Partnership Persons who invest monies to open a company prior to its incorporation or to commence a partnership will not be deemed to be partners during the period before the company or partnership comes into existence. This was the case in Spicer Ltd v Mansell. 6 MGMT3046 Company Law: Course Wrap Up November 2012 Partnership at Will Partnerships that are not subject to any formal agreement. No fixed duration. May be terminated with immediate effect by any partner at any time. Refers to continued partnerships as well.Relations of Partners to Persons Dealing with Them (Higgins v Beaucham [1914] 3 KB 1192; Mann v D’Arcy and Others [1968] 1 WLR 893) Partners are deemed to be agents of each other and, therefore, have the authority to take unilateral decisions which will bind the fi rm, save in cases of fraud or other illegality. Joint liability Liability may continue post retirement An agreement may discharge a retiree from liabilities Liability and Holding Out (Tower Cabinet Co Ld v Ingram [1949] 2 KB 397) Anyone who represents or allows himself to be represented as a partner of a firm will be held liable where the firm’s creditors seek payment. Liability of New and Retired Partners (Bilborough v Holmes (1877) 5 Ch D 255; Rolfe v Flower (1865-67) LR 1 PC 27) Partners’ liability begins upon admission to the firm and ceases upon demission under ordinary circumstances. An agreement may discharge him from any liabilities.A former partner may still be liable for any breaches even after he has left where no such agreement is made. Relations of Partners to One Another (In re Barber (1869-70) L. R. 5 Ch. App. 687) The terms of a partnership agreement may only be varied by the consent of all partners. Partnership Property (Davis v Davis [1894] 1 Ch 393) Partnership property is property that is utilised for the purposes of the partnership. Title to partnership assets may be in the names of all the partners, as in a co-ownership arrangement, or in the names of some partners or one partner. Rights and Duties among Partners (Tann v Herrington [2009] EWHC 445 (Ch)) 26. a) share equally in benefits and liabilities; (b) indemnify every partner for payments made and personal liabilities incurred by him in the ordinary and proper conduct of the business of the firm; or (ii) in or about anything necessarily done for the preservation of the business or property of the firm; (g) no person may be introduced as a partner without the consent of all existing partners; (h)†¦no change may be made in the nature of the partnership business without the consent of all existing partners; Any liability to a third party is recoverable against the partners jointly and severally. 7 MGMT3046 Company Law: Course Wrap Up November 2012Tann v Herrington â₠¬â€œ duty of care, duty to act in good faith, skill Where this is disproved and some element of culpability is also proved, the individual partner only may be held liable. Expulsion of a Partner (In Re A Solicitors’ Arbitration [1962] 1 All ER 772) The concept of majority rule is ordinarily alien to partnerships, especially where expulsion of a partner is the issue. How does expulsion work? All partners must have unanimously agreed at the creation of the partnership to expel the offending partner. Expulsion does not hold where there are only two partners; the partnership will be automatically dissolved should one leave. This power of expulsion is one that must be exercised bona fide and in the general interests of the partnership.Dissolution of Partnerships Ordinarily, a partnership is automatically dissolved: at the expiration of any fixed term, the completion of an undertaking which was the reason for the creation of the partnership, or the death or bankruptcy of a partner. An application may be made to the court for a decree of dissolution in the case of: insanity, incapacity, or misconduct of a partner; where the business is running at a loss; or where it is just and equitable for the partnership to be dissolved. Problems associated with dissolution Division and distribution of the firm’s assets and liability; Continuation of partnership: Pathirana v Pathirana General vs technical dissolution: Green v Harnum 8

“Of mice and men is a novel that presents both the barbarity and the beauty of human nature” Essay

I agree with this because Steinbeck shows barbarity in the characters. One example of this is when Lennie kills Curley’s wife by accident. I know this because it says â€Å"he quickly becomes excited and holds on too tight, frightening her†¦ Lennie panics and clamps his strong hands over her mouth to silence her† This is effective because Lennie doesn’t realise that he’s killed Curley’s wife by stroking her hair but it shows that his actions were cruel and his chances of his American dream has been ruined. The words â€Å"holds on too tight† shows that Lennie had got over excited while touching/stroking one of his favourite things and he doesn’t realise that he’s held on tight and can’t restrain himself from letting go of her hair. The word â€Å"panics† shows that Lennie didn’t know what to do as soon as he heard her screaming so he couldn’t help but keep holding on to her. We can tell that Lennie doesn’t choose to be barbaric towards people but due to his simple mind he just can’t help it. Another way we know Lennie is barbaric is because of his animalistic side, Steinbeck uses the deaths of the small animals to show that despite loving to stroke nice things, he ends up killing them. Steinbeck also shows the beauty of human nature in the Novel. Examples of this is when Lennie constantly gets compared to animals with his actions. I know this because it says â€Å"He walked heavily, dragging his feet a little, way a bear drags his paws. His arms did not swing at his sides, but hung loosely.† This is effective because Lennie is being compared to an animal, a bear. A massive, sometimes violent creature. The word ‘hung loosely’ shows that he was simple minded in everything he did so he didn’t really think about the things he did. Another word ‘the way a bear drags his paws’ shows that he was compared to a bear because of his strength and movement. Another quote would be â€Å"His huge companion dropped his blankets and flung himself down and drank from the surface of the green pool; drank with long gulps, snorting into the water like a horse. The small man stepped nervously beside him† Lennie being compared to an animal b ut this time, a horse who has to be kept from drinking too much water. It at least shows that he has some responsibility to control the natural world. Another way Steinbeck shows barbarity is with the character Crooks. He gives Crooks’ character a hatred towards the men in the ranch. I know this because it says â€Å"Crooks said sharply, â€Å"You got no right to come in my room. This here’s my room. Nobody got any right in here but me† This is effective because it shows that Crooks didn’t like the other men because of the way they treated him so he has to be barbaric to them. The word ‘sharply’ shows that Crooks actually meant what he said although Lennie was being nice, it could also demonstrate that he wanted to take out his anger to Lennie because he realised Lennie wouldn’t understand what Crooks was actually saying to him. The word ‘nobody got any right in here’ shows that he wanted treat them the exact same way they treated him in the ranch. Crooks is barbaric because he was treated that way so he might aswell treat the others the way they’ve been treating him. In conclusion I think Of mice and men does present the barbarity and beauty of human nature because the characters always had two sides to them whether they were happy or not so it did make the novel very interesting to read.

Critical Summary Essay Example | Topics and Well Written Essays - 500 words - 4

Critical Summary - Essay Example The pivotal goal of Jesse Prinz is to challenge the two main perspectives for the formation of emotions. According to some evolutionary psychologists, emotions are the evolved adaptations and products of nature. Other psychologists believe that emotions differ across the social boundaries and are socially created. â€Å"Emotions are socially constructed and evolved† (Prinz, 2004). Many psychologists claimed that response of emotions is created to serve challenges. The author defended the views of other psychologists that the patterned change in the human body can lead to emotion. Fear can be identified through the perception of muscle tensing and hearts racing. The romantic jealousy between partners has been developed through the story of evolutionary. Romantic commitment between the couples can be developed through love. Jealousy prevents the partners from the betraying the romantic commitments. Negative supporters of the evolutionary psychologists believe that emotions are s ocially constructed and are products of nature. Emotions are not associated with the states of bodily changes. Emotions can last long without the perturbation of the human body. Cultural factors can affect the emotion and body respond. Randolph M. Nesse implements adaptationist approach to explain emotions. Emotions can be shaped by the adjustable challenges of certain states. Some core emotions of human beings are sadness, happiness, anger, love and fear. Illustrated groups of emotions described in the article states that the behavioral, psychological and cognitive change in the human body supports the details of an emotional conditions. I strongly support the qualified version of emotions provided by Randolph M. Nesse and Jesse Prinz. Jesse Prinz described emotions as the perception of bodily changes. Culture can affect bodily response. Some of the elicitation files can be biological based. These files can influence the content of emotions. Emotions are the biological

Marketing Research Report Coursework Example | Topics and Well Written Essays - 2750 words

Marketing Research Report - Coursework Example That is a serious issue and that is the reason behind loss of skilled and experienced employees as those employees quit their jobs. Here in this research I discussed about this problem thoroughly and some solutions I have given at the end. 1. Introduction and problem definition: As a manager of an IT farm I found that there are several corporate problems a organisation faces like drop in market share, profit fall, employee turnover reduction, quality assurance issues, problem form client ends, government policies and several rules and regulations etc. But here I am going to discuss the problems regarding my various employees who just came back from onsite jobs or foreign locations. The details of the problem is discussed below- In modern days it is common to give strategically important tasks to top level executives and send them to foreign countries for a certain time interval. It is widely known as expatriation. To reduce cultural shock it is very important to make those employees aware and train for the culture of new countries and locations. It definitely cost a large amount of money for the organisations to train its employees for a new country. At the moment work in abroad complete that employee comes back to its older location or may be in home country then that employee have some problem regarding this cultural trauma this is known as repatriation. (Nikolaeva, 2010, p.5) Objective of our research is how handle the repatriation practices throughout the organisations efficiently. To gain international market knowledge expatriation is the effective tool. It is also helpful for the organisation when that employee after coming back to home country apply their international knowledge in the organisation. But it is proven that repatriation process is worse than expatriation process, because when an employee having problem regarding his/her own countries culture then that employee is in real problem. That is why in corporate culture repatriation is dangerous th an expatriation. (Arman, 2009, p.1) 2. Research method and limitations To accomplish a valuable research an authentic and generous data collection method need to be followed. Relevant data are collected from market research, after processing those data, they can be used in various research purpose. Hidden knowledge behind the research is understood by the research results and it makes aware the researcher about the problem thoroughly (Kolb, 2008, p. 12). By the market research, researcher get the data form very wide range of population like clients, employees, management people, logistics agents etc (McDaniel & Gates, 1995, p. 5). From several researches methodology researcher can choose couple of them or only one of them. But researcher always needs to keep one thing in mind that his goal of research should not ever get distracted from the previously decided path. Research methodology is the most important factor of the framework as whole analysis is depending on this. Source is th e next important part of the research. Researcher chooses what research approach is also another important factor. After that selection researcher needs to calculate how much primary and secondary research is need to be done and how much importance they need to give each method. After that its only remaining thing is

Rainbow Connection-A not-for-Profit Organization Research Paper

Rainbow Connection-A not-for-Profit Organization - Research Paper Example The children are treated at The University of Texas Medical Branch Children's Hospital at Galveston, Texas. The organization is aimed towards fulfilling the goal of providing effective and high-quality health facilities to the children.The organization also offers summer camp activities to the children along with their brothers and sisters to boost their lost self-esteem and confidence. It is not for profit organization which supports children from cancer and their families during the treatment program. Rainbow connection camp is endorsed but not funded by the division of Pediatric Hematology and Oncology at University of Texas Medical Branch Children's Hospital in Galveston. The organization gains its public attention through its quarterly published newsletters, campaigns and through making its presence felt through social media networking sites. However, the organization has never made an appearance in newspapers and other printed publications. The group is aimed towards the betterment and development of the children and is least focused towards political associations and grouping. The organization is lobbyist by its own group of directors rather having paid lobbies. The board of directors (officers) lobbies to secure the rights for the medical and health facilities provided to the children. This organization is a university. Therefore neither it raises funds for PAC or makes any endorsement, campaign for any political candidate, or lobby with any group in particular.  This is mainly because this organization is prohibited by law from these activities or any sort of political involvement is not allowed from this organization by law.

W5 asig ETL and Data Warehousing Essay Example | Topics and Well Written Essays - 500 words

W5 asig ETL and Data Warehousing - Essay Example Accordingly, the need for locating an appropriate ETL provider was the aim of increasing â€Å"revenue by reducing fraudulent ticket processing. That meant finding a way to quickly and efficiently query their data warehouse. That meant Sybase† (Sybase, 2014, p. 1). In addition, the data warehouse system of American Airlines through Sybase enabled the provision of the following results: â€Å"detect fraudulent ticket-processing, track ticket sales properly and ensure proper revenue is flowing into the company† (Sybase, 2014, p. 1). QSAM: Sequential flat files ISAM: VSAM: KSDS, RSDS, ESDS - support GROUPS, multi-level arrays, REDEFINES, and all PICTURE clauses. DB2, Adabas, Oracle OCI ( For releases 7 and 8 ) , Sybase Open Client , Informix CLI , OLE/DB for Microsoft SQL Server 7, ODBC. Generic ODBC, HP NeoView, IBM DB2/UDB, Informix IDS, Microsoft SQL Server, mySQL, Netezza, Teradata, Oracle, Sybase Adaptive Server Enterprise (ASE), Sybase IQ. Native bulk loading supported for all major databases. Provides PowerConnect modules for connecting to PeopleSoft, Siebel and SAP R/3. Informatica is coming out with an Open PowerConnect API for rest of the ERP systems. So customers can write interfaces using this module. DataStage XE provides full integration with leading enterprise applications including SAP, Siebel, and PeopleSoft. The DataStage Extract PACKs for SAP R/3, Siebel and PeopleSoft, and the DataStage Load PACK for SAP BW enable warehouse developers to integrate this data with the organizations other data sources. DI Automatically generates an appropriate interface calls to access the data into the source systems. For most ERP applications DI generates optimized SQL for the specific target database systems (Oracle, DB2, SQL Server, and Informix) Enhances performance and reduces I/O with its built-in sorting and aggregation capabilities. The Sort and Aggregation stages of DataStage work directly on rows as they pass through the engine rather

Leadership Theories Essay Example | Topics and Well Written Essays - 500 words - 1

Leadership Theories - Essay Example (i) They must have extensive expression, which they exercise to cover the thought of possessing a proof of triumph, whereby the person in question will have the ability to organize and lead others in a more organized manner, also being with the power to take and handle project. (iii) Sincerity and reliability, the leader has the behavior of taking an honest depiction of himself or herself, so that the people they lead can value and obey them. These will make the organization to be effective in performance as the duties will be done with less supervision. (Ajzen 1991). (v) Understanding of the industry is important for reliability, hence when a leader posses such characters in him or her, the organization will move forward in the right direction as the leadership of the organization will be reliable to the people and the environment. (vii) Hospitability, where leaders will have the skill to search for satisfying communal associations, hence they will be harmless, thoughtful and sensitive. The attribute of headship focuses on the head, but not the people he or she leads. The head shows a definite set of attributes to be an influential and successful manager. The leader – member hypotheses can be viewed using Meta – Assessment. The connection linking the leader-member exchange theory is investigated, as are matters associates to the theory. (Gernstner, 1997). Reports recommend that important connection between the hypotheses and work presentation, fulfillment with administration, general fulfillment, obligation, duty divergence, duty clearness, and capability of the people involved, therefore as an executive, he or she is required to undertake the above named attributes to fulfill the potential of the organization. The Leader – Member Exchange hypotheses tries to explain on how the heads and managers build up connections with their subordinate staff; and it clarifies how those linkages can lead to escalation

Two research methods Assignment Example | Topics and Well Written Essays - 250 words

Two research methods - Assignment Example The greatest advantage of qualitative approach is that it is relatively simple to carry out, as there is no strict research design. Secondly, this approach engages the nature more naturally. This approach is also advantageous in that it allows for collection of more detailed data making it more comprehensive. The main disadvantage of qualitative approach lies on the fact that the researcher is heavily involved in the research and therefore, outcome basically depends on researchers ability to carry out the research. Quantitative approach, on the other hand, uses concrete data as well as rigorous statistical and data analysis techniques. Data analysis softwares such as SPSS are often used. A researcher begins with a hypothesis they seek to prove and then goes on to collect and analyze data in the process. Considering that findings come from the data, deductive reasoning is commonly associated with quantitative approach. However, objectivity is overwhelmingly important in this form of approach and variables well known. Greatest advantage of quantitative approach is that researcher gets the opportunity to analyze data in more detailed fashion making the approach more objective. However, quantitative approach is disadvantageous in that things are not done in their natural setting. Additionally, approach is more complicated and time consuming. More notably, large populations must be studied for the research to gain

Big Brothers, Big Sisters Essay Example for Free

Big Brothers, Big Sisters Essay Big Brothers, Big Sisters is a prevention program, which enhances the socialization of children through paying attention to their psychological and physical development and increasing their feeling of â€Å"being included† into community and school environment. Due to the fact that the project is mostly directed to planning interesting leisure and education-related activities for minors, it can be interpreted as prevention program, as it creates a friendly and harmonious environment which encourages and reinforces the child’s self-esteem through establishing a symmetric communication between the minor and adult and teaching important social skills. As for me, I believe that the program is effective, as it deals mostly with three important predictors of deviance and crime – absence of developing and diversified pastime, lack of engagement with community activities and academic failure (and the consequent loss of interest in education) in schoolchildren. In addition, the relevant study, provided by the website, demonstrates the following results: â€Å"Researchers found that after 18 months of spending time with their Bigs, the Little Brothers and Little Sisters were: 46% less likely to begin using illegal drugs; 27% less likely to begin using alcohol; 52% less likely to skip school; 37% less likely to skip a class; more confident of their performance in schoolwork; one-third less likely to hit someone† (at http://www. bigbrooc. org/html/our_impact. html, 2007). There are three major curriculums, designed within the program. First of all, there is a set of community-based activities, which take place once a month. The community volunteers encourage the participants to do sports, play intellectual games, have meals together or simply take walks in the park. Group-based mentoring program includes monthly meeting of Big and Little Brothers and Sisters and learning new and unusual types of sports, associated with team playing. For instance, the participants do kayaking, play miniature golf or team bowling. All these sports are aimed at improving the children’s concentration, dexterity, ability to plan and make joint decision within the team; as one knows from developmental psychology, the progress of physical skills is particularly sensitive to influences at teen age, when the person is actively growing. The complex of school-based activities comprises weekly sessions, during which the minors are assisted in their home assignments. The major advantage of this program, which actually can cause in the jealousy of the similar agencies, is its image of partnership between adults and children, who receive not mentors, but friends, whose role models are more likely to be learned by minors. The typical agencies of this profile (working in the directions of prevention and diversion) more willingly involve competent specialists (in a limited number) than volunteers, so the underage target audience not always receives socialization experience and learn social skills during workshops and training. In addition, the Big Brothers Big Sisters project manages to maintain its focus on the underage audience in all points of its curriculum and stimulates the natural and healthy socialization in minors (through communication and team activities), instead of creating artificial conditions (like those in workshops and purposeful social skills training). The goals of the Big Brothers, Big Sisters project to great extent coincide with the orientation of the whole juvenile justice system. The major priority of the system is prevention of juvenile crimes and recidivism, but this goal is traditionally accomplished through enlightenment and education in the spheres of crime and punishment, drug addiction and alcohol use. The efforts of the program, on the other hand, are directed to improving the minors’ physical and psychological health and helping them establish friendly contact with the environment. This model is often neglected by the juvenile justice system, so it would be beneficial to introduce the program under the management of the network of government institutions, responsible for delinquency prevention, as the idea of healthy and natural socialization is likely to become a new direction in the functioning of the juvenile justice system and the unity of accountability will provide courts will more comprehensive information about the children. In addition, the program will also demonstrate success in the field of diversion. Finally, the program will correct the official and formalized image of the juvenile justice system and break the stereotype of the â€Å"punishing institution†. The major strength of the program is its positivist approach to prevention, which includes strengthening the minors’ social and psychological potential rather than intimidating schoolchildren about the adversities, associated with delinquency and illicit drug use. The project embraces community work, group work and school work, so that the major environments, in which the children operate, are influenced and to some extent altered. The ultimate goal in this sense is the development of the sense of inclusion into all these environments in the participants. On the other hand, the program lacks one important components, which is family-based work. As the website suggests, the underage participants originate from the households, where domestic violence and alcohol use are practiced. With respect to the fact that behavior models, learned in the family, are to certain degree determinative in teenagers’ behavior, it would also be useful to establish a contact between the families and the community and arrange activities, which imply the creation of a large team, consisting of children, their parents and the Bigs. Another weakness is the lack of basic psychological education for children, as at the certain stage of their development they need theoretical knowledge of building relationships and understanding others, so the Big Brothers, Big Sisters can introduce monthly discussions of the achievements and difficulties, experienced by the participants in their relationships with coevals and adults. Reference list Big Brothers, Big Sisters of Orange County. (2007). Official website, at http://www. bigbrooc. org.

Can Video Games Make Kids More Violent Essay Example for Free

Can Video Games Make Kids More Violent Essay Can video games make kids more violent? A new study employing state-of-the-art brain-scanning technology says that the answer may be yes. Researchers at the Indiana University School of Medicine say that brain scans of kids who played a violent video game showed an increase in emotional arousal – and a corresponding decrease of activity in brain areas involved in self-control, inhibition and attention. Does this mean that your teenager will feel an uncontrollable urge to go on a shooting rampage after playing â€Å"Call of Duty?† Vince Mathews, the principal investigator on the study, hesitates to make that leap. But he says he does think that the study should encourage parents to look more closely at the types of games their kids are playing. â€Å"Based on our results, I think parents should be aware of the relationship between violent video-game playing and brain function.† Mathews and his colleagues chose two action games to include in their research one violent the other not. The first game was the high-octane but non-violent racing game â€Å"Need for Speed: Underground.† The other was the ultra-violent first-person shooter â€Å"Medal of Honor: Frontline.† The team divided a group of 44 adolescents into two groups, and randomly assigned the kids to play one of the two games. Immediately after the play sessions, the children were given MRIs of their brains. The scans showed a negative effect on the brains of the teens who played â€Å"Medal of Honor† for 30 minutes. That same effect was not present in the kids who played â€Å"Need for Speed.† The only difference? Violent content. What’s not clear is whether the activity picked up by the MRIs indicates a lingering — or worse, permanent — effect on the kids’ brains. And it’s also not known what effect longer play times might have. The scope of this study was 30 minutes of play, and one brain scan per kid, although further research is in the works. OK. But what about violent TV shows? Or violent films? Has anyone ever done a brain scan of kids that have just watched a violent movie? Someone has. John P. Murray, a psychology professor at Kansas State University, conducted a very similar experiment, employing the same technology used in Mathews’ study. His findings are similar. Kids in his study experienced increased emotional arousal when watching short clips from the boxing movie â€Å"Rocky IV.† So, why is everyone picking on video games? Probably because there’s a much smaller body of research on video games. They just haven’t been around as long as TV and movies, so the potential effects on children are a bigger unknown. That’s a scary thing for a parent. Larry Ley, the director and coordinator of research for the Center for Successful Parenting, which funded Mathews’ study, says the purpose of the research was to help parents make informed decisions. â€Å"There’s enough data that clearly indicates that [game violence] is a problem,† he says. â€Å"And it’s not just a problem for kids with behavior disorders.† But not everyone is convinced that this latest research adds much to the debate – particularly the game development community. One such naysayer is Doug Lowenstein, president of the Entertainment Software Association. â€Å"Weve seen other studies in this field that have made dramatic claims but turn out to be less persuasive when objectively analyzed.† The ESA has a whole section of its Web site dedicated to the topic of video game violence, which would suggest that they get asked about it — a lot. And they’ve got plenty of answers at the ready for the critics who want to lay school shootings or teen aggression at the feet of the game industry. Several studies cited by the ESA point to games’ potential benefits for developing decision-making skills or bettering reaction times. Ley, however, argues such studies aren’t credible because they were produced by â€Å"hired guns† funded by the multi-billion-dollar game industry. â€Å"We’re not trying to sell [parents] anything,† he says. â€Å"We don’t have a product. The video game industry does.† Increasingly parents are more accepting of video game violence, chalking it up to being a part of growing up. â€Å"I was dead-set against violent video games,† says Kelley Windfield, a Sammamish, Wa.-based mother of two. â€Å"But my husband told me I had to start loosening up.† Laura Best, a mother of three from Clovis, Calif., says she looks for age-appropriate games for her 14 year-old son, Kyle. And although he doesn’t play a lot of games, he does tend to gravitate towards shooters like â€Å"Medal of Honor.† But she isn’t concerned that Kyle will become aggressive as a result. â€Å"That’s like saying a soccer game or a football game will make a kid more aggressive,† she says. â€Å"It’s about self-control, and you’ve got to learn it.† Ley says he believes further research, for which the Center for Successful Parenting is trying to arrange, will prove a cause-and-effect relationship between game violence and off-screen aggression. But for now, he says, the study released last week gives his organization the ammunition it needs to prove that parents  need to be more aware of how kids are using their free time. â€Å"Let’s quit using various Xboxes as babysitters instead of doing healthful activities,† says Ley, citing the growing epidemic of childhood obesity in the United States. And who, really, can argue with that?