Digital Telecommunications and Network

A network is defined by Noergaard (2005) as a collection of two or more connected devices that can send or receive data. He further adds that the relationship between these connected devices in a network determines the total architecture. The purpose of this report is to understand the networked applications architectures. Two networking architectures are covered here; the client/server architecture and peer-to-peer architecture. The report first gives an outline of these two architectures and their advantages and disadvantages.It is seen that the industry divides its products on the concept of client-server model or peer-to-peer model. Some applications perform better with the former model while others perform better with the later model (Klemt 2005), 1992). Based on the understanding of this report, two separate scenarios for a basic networking application will be analysed. The idea will be to judge the type of networking architecture to be used for each scenario. Finally based on the entire analysis, a conclusion will be drawn as to which resource has to be used in what situation.Part 1: Review of Client/Server and P2P application architecture Client/Server architecture Client-network computing is one of the most basic paradigms of distributed computing, and this architecture is based on the paradigm as described by Jalote (2005). This architecture has a minimum of three components – a client, a server and a network that connects these two systems. This is a two level architecture where a client requests a service and the server provides it (Singh 2005). The server is usually accessed through a remote procedure called RPC, request of which is defined by their signature.The processing of the request is internal to the server and is transparent to the client. The client and server may be on different or same systems Advantages of client/server architecture Client server architecture using RPCs has been used for over a decade for system wide exchange com puting (Singh 2005). The main reason for this is the high level of reliability this architecture provides. It is also found that the cost of the entire system over a period of time is less than that used by other architectures.In addition, the architecture also enhances safety since any of its components can be removed without a major impact on the other system. This architecture leads to a better distribution of resources through the system. This architecture also leads to increased productivity because the front and back end distribution of processes is optimised (Jalote, 2005). Disadvantages of client/server architecture The main disadvantage of the client/server architecture is that there are multiple databases in the client/server environment, making the management and synchronizing of the data shared between them difficult.This also leads to a difficulty in software distribution and configuration management program, as the system is distributed. The cost of maintenance may als o increase because of the different networks being inter-networked. P2P architecture Peer-to-peer or P2P architecture is another way of managing distributed applications. In this method, the individual nodes have similar and comparable roles, unlike the client/server systems. In this architecture, the nodes are given roles such that both can act as client and server. This type of connection requires at least two computers connected to each other (Reid, 2004).In order to function correctly each node of the system should know the address of at least another node. Each node can directly contact the other node of the system for using its resources, without going trough the server (Heathcote & Langfield, 2004) Advantages of P2P Architecture This type of communication exists since the time of old IBM PCs. The primary advantage of a P2P network is that it is fault tolerant and there is no single location for the fault. This means that the system works well even when several of its componen ts are missing (Verma, 2004).Also the combination of processing power of multiple nodes in a network greatly increases the efficiency of the system in terms of combined processing power and storage when compared with a central server. P2P systems are hence extremely autonomous and can secure anonymity. They can be generally deployed in an ad hoc system without requiring central management or control. Finally, unlike the client/server systems there is no need for a separate network operating system (Reid, 2004). Disadvantages of P2P Architecture The manageability of peer-to-peer systems is much harder, due to the extremely distributed nature of the system.Security is also not centrally controlled and the users need to remember different passwords for accessing the resources located on different nodes on the network (Porter, 2006). Facilities such as backup are the responsibilities of the individual user unlike the client/server systems where the server can schedule them. This system works best for lesser number of systems in a network, usually under 10 (Reid, 2004). Part 2: The architecture of Mr. Robertson’s home network Network Architecture The architecture which I would suggest for Mr. Robertson’s home would be a peer—to-peer network.There is no necessity for a client/server model in this case. Also no type of hub system is required, since the application is very simple Justification As is already explained in the section above, a peer-to peer network is used for ease of applications without extra overload. The system works best for systems which having less than 10 systems. As Mr. Robertson’s system uses only two computers, the system is ideal for this purpose. In addition to this, the home network does not require the additional overhead of a server so a pure peer-to-peer system, one without any server (Subramanian & Goodman, 2005), can be used.The application mainly used is the file sharing which can be easily done. Also for us ing the internet, there is no necessity for the system to have simultaneous connections as is already mentioned in the example. While, to most intents and purposes, a printer application requires the use of a server so as to manage the print request being sent from multiple systems, this is clearly not the case here. The network should merely have the capability to receive print jobs from both the systems a simultaneous operational capability is not really required, as the application would not be too critical.In the worst case, the print job could be cancelled and given again. Finally, the use of a client server system would in addition to setting a server, also need additional components and software like an operating system, which is not required in this case, as there is no need for tasks like allocation resources, backups etc. Also, Mr Robertson gets the advantage of removing any of the two systems from the network at anytime, and the second component would work just as well, a s neither of the system is a server. Components for the home network In addition to the 2 computers and printers purchased by Mr.Robertson, he needs very few components to get his system up an running. He would need the cable modem, a twisted cable pair, media converter for running the internet through cable, a splitter and a print sharer. There is no necessity for a hub for such a system, which is necessary only if there are more than two computers on a network. The splitter would divide the internet connection to the two systems which will the function of the print sharer also. A wireless NIC or a wired one can be used to share the network. Only single numbers of components, except the connecting cables, are needed because there are only two computers.Topology of the home network The figure above shows the basic topology of the network. As explained above, there is no need for a hub for just 2 systems. The printer can be connected either via a print sharer or the software can be u sed to do that by accessing the network. Here, each computer can access the network printer. In addition, the cable connection that comes can be split into two using a splitter. This type of networking requires basic minimum of components and can be used for connecting systems on a home network. This system is extendable to more than two systems.The only difference would be that in that case, a hub would be used between the two systems instead of just a cable. Also the cable type, which is twisted in this case, might be changed for more than two computer systems, because of load factors. In this case also, there will not be any necessity for a server, as the printer tasks will be shared, but not scheduled or managed by an external system. Part 3: The architecture of the LAN of BC Inc. Network Architecture For the company’s LAN, a client server system is a must. There are only 16 systems, on the LAN would more than fulfil the application necessity.There are multiple applicatio ns needed for this system. There is the printer service which is multiple in numbers and locations. In addition, there is the obvious necessity for an email and web server for the business applications. All this necessitates are need for the use of a client/server model. Justification In many of the situations given above the peer-to-peer network fails to have any use. First and foremost is the number of systems. The P2P system is only suitable if the number of systems is less than 10, as mentioned earlier. Also it is not just the number of system that is a problem, since it is not a very huge network.Office applications as a rule need more features and functionality than a home based server, and so the load on the network contributed by each system is also a lot. In addition to this there is he additional necessity for security and backups as compared to the home networks. People usually prefer manual backups on their home networks, but almost all the companies insist on having sch eduled backups for the protection of data. In addition, the systems also need to have security updates with a controlled installation, which is not necessary for a home network, whose security necessities extend maximum to having a basic firewall.As in earlier case, due to data sensitivity, companies prefer to have all of these controlled rather than leaving it to the discretion of the office employees. There is an obvious burden due to the higher cost of installation and maintenance of the system. But this is more than compensated by the quality of security and safety levels given by such a system. Also since, there are only 16 employees in the system, it is logical to have the email server as the same as the network server. This is also true for the web server applications. However, here there is an assumption being taken.It is assumed that the company business is a small size, based on the number of people working there. This may very well not be the case. In addition to this, th e web sever installation might be mandatory on an external system, because of security reasons. For instance, the company might not want its intranet lined with its webserver to provide more security. This case might necessitate the need for a separate web server, though for this report, a single sever is being considered for now. Physical Components In addition to the computer systems and printers, the company needs many additional systems to make a network.First and the most important of this is the server system, which needs be high ended, with high processing power and speed. This is that the system can easily act as a intranet server, a mail server, and also the web server. In addition to this a router is essential for connecting to the internet via the DSL modem. Also there are multiple numbers of cables, based on the systems connected to the network. Since the system is connected via the Ethernet here, the internet being a DSL based one; the corresponding cables are also requ ired.The printer is connected to the server, which takes care of the scheduling the print jobs. The other servers, as mentioned earlier are situated on the main server itself. The figure above shows the scheme of the connection diagram. The above diagram is a very simplistic way of representation of the office network. As mentioned above, the server would be common from email and web applications, and also take care of the intra networking scheme. In addition, the various printers and DSL modem would be added to this server only.The server would need a network operating system and the main security firewalls and the protection schemes like the antivirus would be installed here. Ethernet would be the mode of interconnection in the network. The system can be extended when a new web server is required, which is separate from the present server. There can be another server attached to the present one which would take care of the business related websites etc. The connection would be res tricted so that only the purchase related or feedback related information is passed to the main server, which would then direct this information to the necessary client system.Conclusion In the report mentioned above, there were two types of networking architecture which were analysed. One was the client server architecture, which is one of the oldest networking schemes available. The system finds its use in complex networks having many systems, and necessity for multi-file sharing applications, common or shared database and also security. All these are provided by this system, which the case seen by the company example is being taken here.The operations are very complex with multi-printers and their multiple locations, the necessary for common access to the internet, and also the need for servers for websites and emails. Also the network needed security and will be needed managed access permission for files stored on the network. The restricted type of entry for a network is possib le only for a client and server type of architecture, which is what was proposed for this case. The company being an accounting firm would also need internal data restrictions and security issues, which can only be tacked by this architecture.In contrast, the home networking system is a very simple operation, which needs to have a mere connection to the internet and the use of a printer. There are no constraints of security or access restrictions on this systems and the main application need is a basic file share operation. For such a system a basic, peer-to-peer architecture is sufficient. There is no need for hubs also as there are only two systems. The network does not need any server based system which is too much of overkill here. Hence, using these two examples, the two types of networking architectures are explained here.

Computer Use in Legal Work Essay

Computers have been dominating the workplace these days. In this modern world, companies have become ultimately dependent on computers when it comes to continuous or automatic tasks where humans are no match with when it comes to process time. It completely eliminates the factor of â€Å"human error† and the inherent disadvantages of humans versus computers, such as the need to sleep or rest, the need for variety, etc. Modern technology has enabled data to be sorted, collected and analyzed quickly and perhaps more cost-effectively when compared to hiring a number of people to work on them to collect and analyze the data and then paying them an appropriate level of wages and benefits. Artificial intelligence allows data extraction, sorting and analysis to be tailored to the need of the client, wherein concepts that are identified using deduction processes can be added to their features. These developments are leading to law firms where the majority of staff will be limited to t hose operating the machines alone – not to people doing the gathering, sorting and analyzing of the data. Computer logic has become very much intelligent and has become, at times, more than at par with how humans think. Computers are replacing workers at an alarming pace in many corporations – with the notable exception of tasks needing high levels of creativity. Automation has become both good and bad for the economy. Automation progresses as technology progresses. Applications on computers are replacing the humans who used to do their jobs as computers do those jobs faster – often doing double the work that would be done in 8 hours by a single human being. Economics will be greatly impacted by the changes in technology. Although it may not directly create unemployment since people tend to get more and more creative in finding something to do for work, the advancements in technology will continue to grow. E-discover, an application being used in the legal world, uses both linguistic and sociological logic in order to filter information when users search for information. Ap art from language, the social aspects implied in the searches will be included in the results. Information-sifting has become so sophisticated that applications are already able to identify and deduce human interactions pertaining to events, telephone calls, emails, messages, etc. They are also capable of decoding data used to cloak information being conveyed through these venues. Cataphora, a software that analyzes data, is capable of â€Å"†¦showing who leaked information, who’s influential in the organization or when a sensitive document like an S.E.C. filing is being edited an unusual number of times, or an unusual number of ways, by an unusual type or number of people.† It is also programmed to identify human emotions implied within an e-mail or a call. Detection of shifts in human emotions can mean an alert implying illegal activities. Clearwell, a program from a company in Silicon Valley, analyzes documents by searching for concepts, which simplifies material review in litigation. In an example given by the company, an analysis task that would normall y take an entire work week could be cut down to 3 days using the software. Although computers may seem to have advantages in certain types of analysis tasks, the â€Å"human factor† involved in identifying relevant information still remains in the hands of the person operating the computer. Taking for example the case of Enron, wherein over five million messages had to be processed for the prosecution, Andrew McCallum decided to purchase a copy of the database for $10,000 for the University of Massachusetts and made it available for research, which made a huge impact within the legal community. Although technology has its own limitations as when data need to be audited by a person, it still makes a huge impact in terms of how fast the work is delivered. In terms of accuracy, humans commit errors – hence the term â€Å"human error†. This is what Mr. Herr found when he back-tracked and did analysis on previous jobs to check the difference in results between humans and computers. The 40% difference in accuracy he found in favor of computers leads us to think about companies, corporations and the legal profession as a whole, and the savings from expenses it will have when software as such is used PIL In Indian law, public-interest litigation is litigation for the protection of the public interest. PIL may be introduced in a court of law by the court itself (sumoto), rather than the aggrieved party or another third party. For the exercise of the court’s jurisdiction, it is unnecessary for the victim of the violation of his or her rights to personally approach the court. In PIL, the right to file suit is given to a member of the public by the courts through judicial activism. The member of the public may be a non-governmental organization (NGO), an institution or an individual. The Supreme Court of India, rejecting the criticism of judicial activism, has stated that the judiciary has stepped in to give direction due to executive inaction; laws enacted by Parliament and the state legislatures for the poor since independence have not been properly implemented. Public Interest Litigation Public Interest Litigation as exists today PIL today offers such a paradigm which locates the content of informal justice without the formal legal system. Non Anglo-Saxon jurisdiction directs courts to transcend the traditional judicial function of adjudication and provide remedies for social wrongs. PIL had already molded the state in to the instrument of socio-economic change. Social justice is the byproduct of this transcends from the formal legal system. Evolution of Public Interest Litigation The Indian PIL is the improved version of PIL of U.S.A. According to â€Å"Ford Foundation† of U.S.A., â€Å"Public interest law is the name that has recently been given to efforts that provide legal representation to previously unrepresented groups and interests. Such efforts have been undertaken in the recognition that ordinary marketplace for legal services fails to provide such services to significant segments of the population and to significant interests. Such groups and interests include the proper environmentalists, consumers, racial and ethnic minorities and others†. The emergency period (1975-1977) witnessed colonial nature of the Indian legal system. During emergency state repression and governmental lawlessness was widespread. Thousands of innocent people including political opponents were sent to jails and there was complete deprivation of civil and political rights. The post emergency period provided an occasion for the judges of the Supreme Court to openl y disregard the impediments of Anglo-Saxon procedure in providing access to justice to the poor. Notably two justices of the Supreme Court, Justice V. R. Krishna Iyer and P. N. Bhagwati recognised the possibility of providing access to justice to the poor and the exploited people by relaxing the rules of standing. In the post-emergency period when the political situations had changed, investigative journalism also began to expose gory scenes of governmental lawlessness, repression, custodial violence, drawing attention of lawyers, judges, and social activists. PIL emerged as a result of an informal nexus of pro-active judges, media persons and social activists. This trend shows starke difference between the traditional justice delivery system and the modern informal justice system where the judiciary is performing administrative judicial role. PIL is necessary rejection of laissez faire notions of traditional jurisprudence. The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under trial prisoners. In Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1360, the PIL was filed by an advocate on the basis of the news item published in the Indian Express, highlighting the plight of thousands of undertrial prisoners languishing in various jails in Bihar. These proceeding led to the release of more than 40, 000 undertrial prisoners. Right to speedy justice emerged as a basic fundamental right which had been denied to these prisoners. The same set pattern was adopted in subsequent cases. In 1981 the case of Anil Yadav v. State of Bihar, AIR 1982 SC 1008, exposed the brutalities of the Police. News paper report revealed that about 33 suspected criminals were blinded by the police in Bihar by putting the acid into their eyes. Through interim orders S. C. directed the State government to bring the blinded men to Delhi for medical treatment. It also ordered speedy prosecution of the guilty policemen. The court also read right to free legal aid as a fundamental right of every accused. Anil Yadav signalled the growth of social activism and investigative litigation. In (Citizen for Democracy v. State of Assam, (1995) 3SCC 743), the S. C. declared that the handcuffs and other fetters shall not be forced upon a prisoner while lodged in jail or while in transport or transit from one jail to another or to the court or back. Concept of PIL According to the jurisprudence of Article 32 of the Constitution of India, â€Å"The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed†. Ordinarily, only the aggrieved party has the right to seek redress under Article 32. In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India, 1981 (Supp) SCC 87, articulated the concept of PIL as follows, â€Å"Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons by reasons of poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal injury caused to such pe rson or determinate class of persons.† The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349). Supreme Court in Indian Banks’ Association, Bombay and ors v. M/s Devkala Consultancy Service and Ors., J. T. 2004 (4) SC 587, held that â€Å"In an appropriate case, where the petitioner might have moved a court in her private interest and for redressal of the personal grievance, the court in furtherance of Public Interest may treat it a necessity to enquire into the state of affairs of the subject of litigation in the interest of justice. Thus a private interest case can also be treated as public interest case†. In Guruvayur Devaswom Managing Commit. And Anr. Vs. C.K. Rajan and Ors, J.T. 2003 (7) S.C. 312, S.C. held, â€Å"The Courts exercising their power of judicial review found to its dismay that the poorest of the poor, depraved, the illiterate, the urban and rural unorganized labour sector, women, children, handicapped by ‘ignorance, indigence and illiteracy’ and other down trodden have either no access to justice or had been denied justice. A new branch of proceedings known as ‘Social Interest Litigation’ or ‘Public Interest Litigation’ was evolved with a view to render complete justice to the aforementioned classes of persona. It expanded its wings in course of time. The Courts in pro bono publico granted relief to the inmates of the prisons, provided legal aid, directed speedy trial, maintenance of human dignity and covered several other areas. Representative actions, pro bono publico and test litigations were entertained in keeping with the current accent on justice to the common man and a necessary disincentive to those who wish to by pass the, real issues on the merits by suspect reliance on peripheral procedural shortcomings†¦ Pro bono publico constituted a significant state in the present day judicial system. They, however, provided the dockets with much greater responsibility for rendering the concept of justice available to the disadvantaged sections of the society. Public interest litigation has come to stay and its necessity cannot be overemphasized. The courts evolved a jurisprudence of compassion. Procedural propriety was to move over giving place to substantive concerns of the deprivation of rights. The rule of locus standi was diluted. The Court in place of disinterested and dispassionate adjudicator became active participant in the dispensation of justice†. Aspects of PIL (a) Remedial in Nature Remedial nature of PIL departs from traditional locus standi rules. It indirectly incorporated the principles enshrined in the part IV of the Constitution of India into part III of the Constitution. By riding the aspirations of part IV into part III of the Constitution had changeth the procedural nature of the Indian law into dynamic welfare one. Bandhu Mukti Morcha v. Union of India, Unnikrishnan v. State of A.P., etc were the obvious examples of this change in nature of judiciary. (b) Representative Standing Representative standing can be seen as a creative expansion of the well-accepted standing exception which allows a third party to file a habeas corpus petition on the ground that the injured party cannot approach the court himself. And in this regard the Indian concept of PIL is much broader in relation to the American. PIL is a modified form of class action. (c) Citizen standing The doctrine of citizen standing thus marks a significant expansion of the court’s rule, from protector of individual rights to guardian of the rule of law wherever threatened by official lawlessness. (d) Non-adversarial Litigation In the words of S. C. in People’s Union for Democratic Rights v. Union of India, AIR 1982 S.C. 1473, â€Å"We wish to point out with all the emphasis at our command that public interest litigation†¦is a totally different kind of litigation from the ordinary traditional litigation which is essentially of an adversary character where there is a dispute between two litigating parties, one making claim or seeking relief against the other and that other opposing such claim or resisting such relief†. Non-adversarial litigation has two aspects. 1. Collaborative litigation; and 2. Investigative Litigation Collaborative Litigation: In collaborative litigation the effort is from all the sides. The claimant, the court and the Government or the public official, all are in collaboration here to see that basic human rights become meaningful for the large masses of the people. PIL helps executive to discharge its constitutional obligations. Court assumes three different functions other than that from traditional determination and issuance of a decree. (i). Ombudsman- The court receives citizen complaints and brings the most important ones to the attention of responsible government officials. (ii) Forum – The court provides a forum or place to discuss the public issues at length and providing emergency relief through interim orders. (iii) Mediator – The court comes up with possible compromises. Investigative Litigation: It is investigative litigation because it works on the reports of the Registrar, District Magistrate, comments of experts, newspapers etc. (e) Crucial Aspects The flexibility introduced in the adherence to procedural laws. In Rural Litigation and Entitlement Kendra v. State of U.P.,(1985) 2 SCC 431, court rejected the defense of Res Judicta. Court refused to withdraw the PIL and ordered compensation too. In R.C. Narain v. State of Bihar, court legislated the rules for the welfare of the persons living in the mental asylum. To curtail custodial violence, Supreme Court in Sheela Barse v. State of Maharashtra, issued certain guidelines. Supreme Court has broadened the meaning of Right to live with human dignity available under the Article 21 of the Constitution of India to a greatest extent possible. (f) Relaxation of strict rule of Locus Standi The strict rule of locus standi has been relaxed by way of (a) Representative standing, and (b) Citizen standing. In D.C.Wadhwa v. State of Bihar, AIR 1987 SC 579, S.C. held that a petitioner, a professor of political science who had done substantial research and deeply interested in ensuring proper implementation of the constitutional provisions, challenged the practice followed by the state of Bihar in repromulgating a number of ordinances without getting the approval of the legislature. The court held that the petitioner as a member of public has ‘sufficient interest’ to maintain a petition under Article 32. The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration†¦court has to strike balance between two conflicting interests: (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive and the legislature (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349). It is depressing to note that on account of trumpery proceedings initiated before the courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of genuine litigants. Though the Supreme Court spares no efforts in fostering and developing the laudable concept of PIL and extending its ling arm of sympathy to the poor, ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349) . (g) Epistolary Jurisdiction The judicial activism gets its highest bonus when its orders wipe some tears from some eyes. This jurisdiction is somehow different from collective action. Number of PIL cells was open all over India for providing the footing or at least platform to the needy class of the society. Features of PIL Through the mechanism of PIL, the courts seek to protect human rights in the following ways: 1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge as human rights. These new reconceptualised rights provide legal resources to activate the courts for their enforcement through PIL. 2) By democratization of access to justice. This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or social action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been called epistolary jurisdiction. 3) By fashioning new kinds of relief’s under the court’s writ jurisdiction. For example, the court can award interim compensation to the victims of governmental lawlessness. This stands in sharp contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the status quo pending final decision. The grant of compensation in PIL matters does not preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court can fashion any relief to the victims. 4) By judicial monitoring of State institutions such as jails, women’s protective homes, juvenile homes, mental asylums, and the like. Through judicial invigilation, the court seeks gradual improvement in their management and administration. This has been characterized as creeping jurisdiction in which the court takes over the administration of these institutions for protecting human rights. 5) By devising new techniques of fact-finding. In most of the cases the court has appointed its own socio-legal commissions of inquiry or has deputed its own official for investigation. Sometimes it has taken the help of National Human Rights Commission or Central Bureau of Investigation (CBI) or experts to inquire into human rights violations. This may be called investigative litigation. PIL as an Instrument of Social Change PIL is working as an important instrument of social change. It is working for the welfare of every section of society. It’s the sword of every one used only for taking the justice. The innovation of this legitimate instrument proved beneficial for the developing country like India. PIL has been used as a strategy to combat the atrocities prevailing in society. It’s an institutional initiative towards the welfare of the needy class of the society. In Bandhu Mukti Morcha v. Union of India, S.C. ordered for the release of bonded labourers. In Murli S. Dogra v. Union of India, court banned smoking in public places. In a landmark judgement of Delhi Domestic Working Women’s Forum v. Union of India, (1995) 1 SCC 14, Supreme Court issued guidelines for rehabilitation and compensation for the rape on working women. In Vishaka v. State of Rajasthan Supreme court has laid down exhaustive guidelines for preventing sexual harassment of working women in place of their work. Conclusion It would be appropriate to conclude by quoting Cunningham, â€Å"Indian PIL might rather be a Phoenix: a whole new creative arising out of the ashes of the old order.† PIL represents the first attempt by a developing common law country to break away from legal imperialism perpetuated for centuries. It contests the assumption that the most western the law, the better it must work for economic and social development such law produced in developing states, including India, was the development of under develop men. The shift from legal centralism to legal pluralism was prompted by the disillusionment with formal legal system. In India, however instead of seeking to evolve justice- dispensing mechanism ousted the formal legal system itself through PIL. The change as we have seen, are both substantial and structural. It has radically altered the traditional judicial role so as to enable the court to bring justice within the reach of the common man. Further, it is humbly submitted that PIL is still is in experimental stage. Many deficiencies in handling the kind of litigation are likely to come on the front. But these deficiencies can be removed by innovating better techniques. In essence, the PIL develops a new jurisprudence of the accountability of the state for constitutional and legal violations adversely affecting the interests of the weaker elements in the community. We may end with the hope once expressed by Justice Krishna Iyer, â€Å"The judicial activism gets its highest bonus when its orders wipe some tears from some eyes†. 1.Public Interest Litigation Judiciary, being the sentinel of constitutional statutory rights of citizens has a special role to play in the constitutional scheme. It can review legislation and administrative actions or decisions on the anvil of constitutional law. For the enforcement of fundamental rights one has to move the Supreme Court or the High Courts directly by invoking Writ Jurisdiction of these courts. But the high cost and complicated procedure involved in litigation, however, makes equal access to jurisdiction in mere slogan in respect of millions of destitute and underprivileged masses stricken by poverty, illiteracy and ignorance. The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man. Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for the vindication of private vested interests. Litigation in those days consisted mainly of some action initiated and continued by certain individuals, usually, addressing their own grievances/problems. Thus, the initiation and continuance of litigation was the prerogative of the injured person or the aggrieved party. Even this was greatly limited by the resources available with those individuals. There was very little organized efforts or attempts to take up wider issues that affected classes of consumers or the general public at large. However, all these scenario changed during Eighties with the Supreme Court of India led the concept of public interest litigation (PIL). The Supreme Court of India gave all individuals in the country and the newly formed consumer groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective. Public Interest Litigation has been defined in the Black’s Law Dictionary (6th Edition) as under:- â€Å"Public Interest – Something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interests of the particular localities, which may be affected by the matters in question. Subjects of Public Interest Litigation. Public Interest Litigation is meant for enforcement of fundamental and other legal rights of the people who are poor, weak, ignorant of legal redressal system or otherwise in a disadvantageous position, due to their social or economic background. Such litigation can be initiated only for redressal of a public injury, enforcement of a public duty or vindicating interest of public nature. It is necessary that the petition is not filed for personal gain or private motive or for other extraneous consideration and is filed bona fide in public interest. The following are the subjects which may be litigated under the head of Public Interest Litigation: (I) The matters of public interest: Generally they include (i) bonded labour matters (ii) matters of neglected children (iii) exploitation of casual labourers and non-payment of wages to them (except in individual cases) (iv) matters of harassment or torture of persons belonging to Scheduled Castes, Scheduled Tribes and Economically Backward Classes, either by co-villagers or by police (v) matters relating to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forests and wild life, (vi) petitions from riot victims and (vii) other matters of public importance. (II) The matters of private nature: They include (i) threat to or harassment of the petitioner by private persons, (ii) seeking enquiry by an agency other than local police, (iii) seeking police protection, (iv) land lordtenant dispute (v) service matters, (vi) admission to medical or engineering colleges, (vii) early hearing of matters pending in High Court and subordinate courts and are not considered matters of public interest. (III) Letter Petitions: Petitions received by post even though not in public interest can be treated as writ petitions if so directed by the Hon’ble Judge nominated for this purpose. Individual petitions complaining harassment or torture or death in jail or by police, complaints of atrocities on women such as harassment for dowry, bride burning, rape, murder and kidnapping, complaints relating to family pensions and complaints of refusal by police to register the case can be registered as writ petitions, if so approved by the concerned Hon’ble Judge. If deemed expedient, a report from the concerned authority is called before placing the matter before the Hon’ble Judge for directions. If so directed by the Hon’ble Judge, the letter is registered as a writ petition and is thereafter listed before the Court for hearing. Procedure for Filing Public Interest Litigation. (a) Filing Public Interest Litigation petition is filed in the same manner, as a writ petition is filed. If a PIL is filed in a High Court, then two (2) copies of the petition have to be filed (for Supreme Court, then (4)+(1)(i.e.5) sets) Also, an advance copy of the petition has to be served on the each respondent, i.e. opposite party, and this proof of service has to be affixed on the petition. (b) The Procedure A Court fee of Rs. 50 , per respondent (i.e. for each number of party, court fees of Rs 50) have to be affixed on the petition. Proceedings, in the PIL commence and carry on in the same manner, as other cases. However, in between the proceedings if the Judge feels that he may appoint the commissioner, to inspect allegations like pollution being caused, trees being cut, sewer problems, etc. After filing of replies, by opposite party, or rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision. Against whom Public Interest Litigation can be filed A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and not any private party. The definition of State is the same as given under Article 12 of the Constitution and this includes the Governmental and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. According to Art.12, the term â€Å"State† includes the Government and Parliament of India and the Government and the Legislatures of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. Thus the authorities and instrumentalities specified under Art.12 are – †¢ The Government and Parliament of India †¢ The Government and Legislature of each of the States †¢ All local authorities †¢ Other authorities within the territory of India or under the Government of India. In Electricity Board, Rajasthan v. Mohan Lal, the Supreme Court held that â€Å"other authorities would include all authorities created by the Constitution of India or Statute on whom powers are conferred by law†. However, â€Å"Private party† can be included in the PIL as â€Å"Respondent†, after making concerned state authority, a party. For example- if there is a Private factory in Delhi, which is causing pollution, then people living nearly, or any other person can file a PIL against the Government of Delhi, Pollution Control Board, and against the private factory. However, a PIL cannot be filed against the Private party alone. Aspects of Public Interest Litigation (a) Remedial in Nature: Remedial nature of PIL departs from traditional locus standi rules. It indirectly incorporated the principles enshrined in the part IV of the Constitution of India into part III of the Constitution. By riding the aspirations of part IV into part III of the Constitution had changeth the procedural nature of the Indian law into dynamic welfare one. Bandhu Mukti Morcha v. Union of India, Unnikrishnan v. State of A.P., etc were the obvious examples of this change in nature of judiciary. (b) Representative Standing: Representative standing can be seen as a creative expansion of the well-accepted standing exception which allows a third party to file a habeas corpus petition on the ground that the injured party cannot approach the court himself. And in this regard the Indian concept of PIL is much broader in relation to the American. PIL is a modified form of class action. (c) Citizen standing: The doctrine of citizen standing thus marks a significant expansion of th e court’s rule, from protector of individual rights to guardian of the rule of law wherever threatened by official lawlessness. (d) Non-adversarial Litigation: In the words of Supreme Court in People’s Union for Democratic Rights v. Union of India, â€Å"We wish to point out with all the emphasis at our command that public interest litigation†¦is a totally different kind of litigation from the ordinary traditional litigation which is essentially of an adversary character where there is a dispute between two litigating parties, one making claim or seeking relief against the other and that other opposing such claim or resisting such relief†. Non-adversarial litigation has two aspects: 1. Collaborative litigation: In collaborative litigation the effort is from all the sides. The claimant, the court and the Government or the public official, all are in collaboration here to see that basic human rights become meaningful for the large masses of the people. PIL helps executive to discharge its constitutional obligations. Court assumes three different functions other than that from traditional dete rmination and issuance of a decree. (i). Ombudsman- The court receives citizen complaints and brings the most important ones to the attention of responsible government officials. (ii) Forum – The court provides a forum or place to discuss the public issues at length and providing emergency relief through interim orders. (iii) Mediator – The court comes up with possible compromises. 2. Investigative Litigation: It is investigative litigation because it works on the reports of the Registrar, District Magistrate, comments of experts, newspapers etc. (e) Crucial Aspects: The flexibility introduced in the adherence to procedural laws. In Rural Litigation and Entitlement Kendra v. State of U.P., Supreme Court rejected the defense of Res Judicta. Court refused to withdraw the PIL and ordered compensation too. To curtail custodial violence, Supreme Court in Sheela Barse v. State of Maharashtra, issued certain guidelines. Supreme Court has broadened the meaning of Right to live with human dignity available under the Article 21 of the Constitution of India to a greatest extent possible. (f) Relaxation of strict rule of Locus Standi: The strict rule of locus standi has been relaxed by way of (a) Representative standing, and (b) Citizen standing. In D.C.Wadhwa v. State of Bihar, Supreme Court held that a petitioner, a professor of political science who had done substantial research and deeply interested in ensuring proper implementation of the constitutional provisions, challenged the practice followed by the state of Bihar in repromulgating a number of ordinances without getting the approval of the legislature. The court held that the petitioner as a member of public has ‘sufficient interest’ to maintain a petition under Article 32. The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration†¦court has to strike balance between two conflicting interests: (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive and the legislature. It is depressing to note that on account of trumpery proceedings initiated before the courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of genuine litigants. Though the Supreme Court spares no efforts in fostering and developing the laudable concept of PIL and extending its ling arm of sympathy to the poor, ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard. (g) Epistolary Jurisdiction: The judicial activism gets its highest bonus when its orders wipe some tears from some eyes. This jurisdiction is somehow different from collective action. Number of PIL cells was open all over India for providing the footing or at least platform to the needy class of the society. Factors that have contributed to growth of PIL. Among, the numerous factors that have contributed to the growth of PIL in this country, the following deserve special mention: †¢ The character of the Indian Constitution. Unlike Britain, India has a written constitution which through Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides a framework for regulating relations between the state and its citizens and between citizens inter-se. †¢ India has some of the most progressive social legislation to be found anywhere in the world whether it be relating to bonded labor, minimum wages, land ceiling, environmental protection, etc. This has made it easier for the courts to haul up the executive when it is not performing its duties in ensuring the rights of the poor as per the law of the land. †¢ The liberal interpretation of locus standi where any person can apply to the court on behalf of those who are economically or physically unable to come before it has helped. Judges themselves have in some cases initiated suo moto action based on newspaper articles or letters received. †¢ Although social and economic rights given in the Indian Constitution under Part IV are not legally enforceable, courts have creatively read these into fundamental rights thereby making them judicially enforceable. For instance the â€Å"right to life† in Article 21 has been expanded to include right to free legal aid, right to live with dignity, right to education, right to work, freedom from torture, bar fetters and hand cuffing in prisons, etc. †¢ Sensitive judges have constantly innovated on the side of the poor. for instance, in the Bandhua Mukti Morcha case in 1983, the Supreme Court put the burden of proof on the respondent stating it would treat every case of forced labor as a case of bonded labor unless proven otherwise by the employer. Similarly in the Asiad Workers judgment case, Justice P.N. Bhagwati held that anyone getting less than the minimum wage can approach the Supreme Court directly without going through the labor commissioner and lower courts †¢ In PIL cases where the petitioner is not in a position to provide all the necessary evidence, either because it is voluminous or because the parties are weak socially or economically, courts have appointed commissions to collect information on facts and present it before the bench. Mechanism for protection of Human Rights through PIL Features of PIL through the mechanism of PIL, the courts seek to protect human rights in the following ways: 1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge as human rights. These new re-conceptualised rights provide legal resources to activate the courts for their enforcement through PIL. 2) By democratization of access to justice. This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or social action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been called epistolary jurisdiction. 3) By fashioning new kinds of relief’s under the court’s writ jurisdiction. For example, the court can award interim compensation to the victims of governmental lawlessness. This stands in sharp contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the status quo pending final decision. The grant of compensation in PIL matters does not preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court can fashion any relief to the victims. 4) By judicial monitoring of State institutions such as jails, women’s protective homes, juvenile homes, mental asylums, and the like. Through judicial invigilation, the court seeks gradual improvement in their management and administration. This has been characterized as creeping jurisdiction in which the court takes over the administration of these institutions for protecting human rights. 5) By devising new techniques of fact-finding. In most of the cases the court has appointed its own socio-legal commissions of inquiry or has deputed its own official for investigation. Sometimes it has taken the help of National Human Rights Commission or Central Bureau of Investigation (CBI) or experts to inquire into human rights violations. This may be called investigative litigation. Conclusion Public Interest Litigation is working as an important instrument of social change. It is working for the welfare of every section of society. It’s the sword of every one used only for taking the justice. The innovation of this legitimate instrument proved beneficial for the developing country like India. PIL has been used as a strategy to combat the atrocities prevailing in society. It’s an institutional initiative towards the welfare of the needy class of the society. In Bandhua Mukti Morcha v. Union of India, Supreme Court ordered for the release of bonded labourers. In Murli S. Dogra v. Union of India, the Supreme Court banned smoking in public places. In a landmark judgment of Delhi Domestic Working Women’s Forum v. Union of India, Supreme Court issued guidelines for rehabilitation and compensation for the rape on working women. In Vishaka v. State of Rajasthan, Supreme court has laid down exhaustive guidelines for preventing sexual harassment of working wome n in place of their work It would be appropriate to conclude by quoting Cunningham, â€Å"Indian PIL might rather be a Phoenix: a whole new creative arising out of the ashes of the old order.† PIL represents the first attempt by a developing common law country to break away from legal imperialism perpetuated for centuries. It contests the assumption that the most western the law, the better it must work for economic and social development such law produced in developing states, including India, was the development of under developed men. The shift from legal centralism to legal pluralism was prompted by the disillusionment with formal legal system. In India, however instead of seeking to evolve justice- dispensing mechanism ousted the formal legal system itself through PIL. The change as we have seen, are both substantial and structural. It has radically altered the traditional judicial role so as to enable the court to bring justice within the reach of the common man. Further, it is humbly submitted that PIL is still is in experimental stage. Many deficiencies in handling the kind of litigation are likely to come on the front. But these deficiencies can be removed by innovating better techniques. In essence, the PIL develops a new jurisprudence of the accountability of the state for constitutional and legal violations adversely affecting the interests of the weaker elements in the community. We may end with the hope once expressed by Justice Krishna Iyer, â€Å"The judicial activism gets its highest bonus when its orders wipe some tears from some eyes†

Cognitive Process Culture Essay

Lamadrid takes into account the mythical or magical dimension of the novel and relates it to the emerging social consciousness of the protagonist. He asserts that Anaya elucidates that the command of Curandera is consequential in nature is derived from mythical though process and it resultant knowledge. These mythical thought processes itself are derived from resolution of the contradiction that is inherent within the culture. So he portrays power as capability to contemplate and comprehend the social processes in a dialectical way. So myth is not something extra-human and acultural phenomenon but it is a cognitive representation of social thought process. This scholarly article facilitates readers to understand the role of Antonio in the context of mythical realism and development of his mature social consciousness at the end of the novel. People resort to Antonio at critical times because they are inherently aware that these mediators have powers that can offer remedies to their maladies. So myth helps understanding the role of Antonio in the society and how this role is established. Mancelos, Joao de. Witchcraft, Initiation and Cultural Identity in Rudolfo Anaya’s Bless Me, Ultima. Alfarrabio. Retreieved on 12 October 2008. Website: This article manifests the development of Antonio and how different elements of chicano culture i. e. witchcraft, cultural identity play a vital role in helping him achieving maturity. He considers the role of Ultima and his witchcraft prowess to help Antonio explore his cultural identity. This article elaborates the role of his familial traditions, by his Hispanic lineage and his Catholic religion at an early stage of his life. Later he learned the tussle between Ultima and his religions but prefers Ultima and his witchcraft. All this contribute toward his maturity at the end of the novel. This article explains various developmental stages of Antonio and contribution of various factors during these periods and enables us to understand the contributories toward this development.

Air Pollution and Cardiovascular Disease Essay Example | Topics and Well Written Essays - 3000 words

Air Pollution and Cardiovascular Disease - Essay Example Air is humankind's natural source of respiratory Oxygen. Its preservation may have been openly disregarded, so that the current generation has to face up to the maintenance of its life supportive feature (Goldman 1972). Unfortunately, up to this time, City dwelling is still synonymous to smog dwelling. This haze or smog is created primarily by a mixture of potential toxic chemicals like nitrates, sulfates, and particulates, formed mostly from the automobile exhausts and industrial factories emissions (Miller & Levine 2003). Australians are well aware of the long standing problems poised by these air pollutants that environmental watchers groups have been organized at a state-level. But, the private sector's enthusiasm is not usually matched by the civil servants at the local government level because its power is limited to implementation of the Federal government's policies and decisions. This is despite the fact that the initial commonwealth system has already adopted the Federal system. The bureaucracy appears to delimit after all, efforts to make lighter air pollution problems at the state level. At some other points nonetheless, government must just be cautious with the policies and decisions so as not to create a barrier for prospective business investors, as market flexibility must be maintained, as well as market share in the economic sphere. In other words, where does the Australian governmental economist stand on the latest question of cost and benefits Are there tools and principles that could clarify the issue Where does one take off in making an economic analysis of the environment Body Greening as a dilemma picks-up momentum at the point where the demand for environmental quality accelerates. Australians' demand for quality air as relative to greening was manifested in several instances, and several manners. They conveyed this need by participating in local and national debates on environmental rules and regulations (Garnaut 2008). Some created representative groups to lobby their cause among governmental or political personalities. Others patronize only organically produced products as well as products that are biodegradable despite additional cost. Still others does not mind purchasing expensive homes and living in areas distant from the busier strips of Australia for the quality environment that supports quality living. Clearly, the Australians' demand for quality air which is supportive of healthy living has developed over the years because of the twofold rationale. Foremost are the raised takings which correspondingly raised the purchasing powers of the citizens. Subsequently, the demand for goods and services expanded to some extents as to certainly demand for high quality air also. Australians value for clean air became equitable with their keenness to spend for it. Nonetheless, Australians' awareness of the consequences of human activities which are more often perilous to the air in the environs

Families should be held responsible for crimes committed by teenagers Essay

Families should be held responsible for crimes committed by teenagers - Essay Example It comes with no amazement to anyone who has had the opportunity to interact with adolescents that notwithstanding their wish to be treated like adults, they are intellectually immature in several vital ways. They are undeveloped and have not grown a coherent sense of self. Scientifically their mind is relative humble thus make their decisions to questionable. They may engage in risky behavior or act in reckless manner. This is due to poor decision making for they tend to process information less thoughtfully in the real world. Do parents have several responsibilities? Parental responsibility is a heavy load to bear; this is because parental responsibility is both legal as well as instructive. This means the parent is not only charged with the duty to educate the child but also to see that he adheres to the codes of conduct of the law (Archard & Mcleod, 2002). States such as the USA have developed laws to hold parents criminally responsible for the mistakes of their children. This ha s provided the state with the mandate to jail parents or even offer them community service. This article sought to answer the question posed if parents should be held responsible for crimes committed by their teenagers. ... The only exception arises when an individual manipulates a teenage brain to commit a crime. Parents have such influence in their teens especially those above 16 years. With this knowledge parents can be qualified for criminal intent. There is a notion that parental behavior is usually related to the child’s behavior. This is has been a dilemma to many, to prove that it indeed there is some truth in the statement. Hypothetically speaking had the parent acted differently would that have altered the child’s outcome or parents conduct led to the criminal behavior of the child. Blustein in his study reported that teenagers lack the autonomous, aptitude required to for acting on one’s own interest. Thus guardian is granted the mandate to act on their behalf. This will help the child in his growth to adult hood. It goes further to expound that teenagers lack the intellectual capacity to differentiate between what is right and wrong. These moral obligations hold that the y should be held responsible for the child’s action. With this knowledge parents are not held accountable on the fact that, the neglected their parenting role but for not inhibiting harm to the third party. They are assigned with this role for it is paramount that at a point in life the teenage will be likely to harm others, or there’s considerable risk they may do so. Should regulations be used to help fight crimes? St. Clares shores states that â€Å"parents should employ certain regulations to bar the child committing delinquent act†. This implies that the house the child is residing should be free of illegal fire arms, drugs and also impose curfews on the child. The rationale behind this is that they lack

Famine (global issue) Research Paper Example | Topics and Well Written Essays - 1250 words

Famine (global issue) - Research Paper Example Globally, a high number of people are faced with food problems, especially in Sub-Saharan Africa, parts of Asia, Latin America and North America. Famine results free free-market processes that have restructured the global economy, dating back to the debt crisis of the early 1980s. Famine as a phenomenon has been ongoing for a while. Modern scholars define famine in terms of a short-term effect of supply and demand for agricultural goods. Famine is a global issue, although many people attribute it to the developing world. This paper focuses on famine as a problem facing the world in general. While many countries rarely face famines in these modern times, it still remains a disturbing, yet controversial issue. The argument that developing countries are faced with higher chances of famine strikes, the assumption that developing countries are immune is not true. History has demonstrated that famine can strike at any time to whichever country, without necessarily the country being economi cally struggling. Natural calamities such as floods, earthquakes and drought have been found to be the biggest contributors of memorable famines in the history of the calamity. By addressing the major factors causing famines and instances in which major famines happened in the world, the paper seeks to prove that famine is a global issue. ... Increase in global inflationary levels has seen a steady increase in general global food prices with time. Statistics reveal that increase in food prices has contributed significantly to the increase in global famine levels. In some cases, famine effects have been so devastating that it almost escalated into a crisis. An example of such a country is Haiti, where food prices rose at an average rate of 40 percent in less than a year, with rice prices doubling. Famine is caused by acute hunger, characterized by short-term problems of food security that develops to intensive levels (Digby, 102). Famine is one of the major challenges facing human beings in the modern day world, claiming lives of a lot of people in third world countries, most of which fall in the African continent, Asia and Latin America. The other challenges that have similar devastating effects to humanity in the world are diseases such as HIV/AIDs and cancer. Many people have perished in times of hunger due to starvatio n. Although still at high levels, the current rates of famine in the world have reduced significantly. Stringent measures have been put to ensure that occurrence of famine incidences such as those that faced the world in the 19th century are not experienced again. The UN has through the United Nations Food Development Program (UNFDP) tried to save people from such adverse situations. The Red Cross also carries such a program like the relief food program to provide food to the hunger stricken areas. Such organizations, operating globally, dedicated to ensuring that people have enough food during times of hunger, show that famine is a global issue. Effects

Waterboarding and Torture Essay Example | Topics and Well Written Essays - 250 words

Waterboarding and Torture - Essay Example Torture refers to an act in which there is the infliction of suffering and severe pain, which may be mental or physical. The main objective of inflicting this pain encompasses obtaining information for a crime they may have committed. Numerous debates have arisen over whether waterboarding can be regarded as torture; in my opinion, waterboarding can be considered to be torture. Hostettler (2011) asserts that the use of this method to obtain information form suspects constitutes torture because it inflicts severe mental and physical suffering. Persons who undergo this form of torture have their minds and personality destabilized. Furthermore, their senses as well as mind undergo profound alteration, which results from the torture they experience. In addition, waterboarding violates the Geneva Convention, which states that war prisoners should always be treated humanely. Article 18 of the convention prohibits any form of coercion as well as mental and physical torture. Another reason why waterboarding constitutes torture is because the person under torture is in the custody of the one inflicting the pain. Thus, the victim of the torture cannot be able to rescue himself from the situation since the interrogators con trol him

The Impact of the Automobile on Society Research Paper

The Impact of the Automobile on Society - Research Paper Example From the discussion it is clear that in 1895, during a newspaper interview, Thomas Edison, an American inventor, stood at the edge of time and gazed into the horizon. They saw a future of unbounded potential in which the horseless carriage would reign. They added that it would only a question of time before their prophecy happened. At the time, many would have dismissed Edison as an idle dreamer. Carriages driven by horses were the main means of transportation then. As one would suspect, these were pricey and a preserve of the rich. Today, over a century after Thomas Edison pronounced their prophecy, the automobile is the dominant means of movement. This paper examines the impact of the automobile on society at a global scale. By the term "automobile" is meant widest scope to include public transit and heavy commercial vehicles.This paper declares that  the modern car was born in 1886 when Karl Benz, a German inventor, built the Benz Patent-Motorwagen. However, the car had to wait until the early 1900s to become widespread. Ford Motor Company’s Model T was one of the earliest cars to be produced en masse for the public. In the United States, cars rapidly replaced carriages and carts drawn by animals. Soon afterward, there were about ten thousand cars on American roads. It had taken much longer before cars were embraced in Europe and elsewhere in the world. The commencement of production of cars on a large scale by Henry Ford in 1914 ushered in an era of ever-increasing affordability for the automobile.

Reflecting on whether it is in the best interests of the business Essay

Reflecting on whether it is in the best interests of the business community for there to be constraints on a government's disc - Essay Example Nevertheless, this report looks at the nature of fiscal and monetary policy and implementation may affect business specifically with regard to investment. In the end, the report postulate that there is little effect resulting from expansionary fiscal policy and that it has little effect on demand, output, and employment. Also, the report notes the important role business community should play in fiscal and monetary policy making since they constitute the largest group that get affected by these policies. Governmental Discretion over Fiscal and/or Monetary Policy Introduction Business activities are affected by different factors macro and microenvironment operation environment. While microenvironment sometimes may be within the control of the organization, macro-environment –on the other hand involves external factors that affect the business, which in turn may define the success or the failure of the organization. For example, macro-environment spans politics, economics, socia l matters, technology, legislation, and eco-environment (Elearn Limited and Pergamon Flexible Learning 2005). Political environment particularly legislative environment constitutes specific set of external business environment that business communities in any given country have been forced to adhere to. For example, monetary and fiscal policy process in any country has affected business in the positive way or negative way given the nature of the particular legislation law. Therefore, the focus of this paper will dwell on investigating and finding out whether it is in the best interests of the business community for there to be constraints on government discretion over fiscal and monetary policy. Exploring the concept of fiscal and monetary policy Both fiscal and monetary policies are seen to be interrelated and key tools to the development of many countries especially the developing one. For instance, fiscal policy constitute all measures that are adopted in order to increase the ge neral welfare through the public control of resources by means of public spending, resource mobilization and price fixation in public and semi-public enterprises (Elearn Limited and Pergamon Flexible Learning 2005). Today, fiscal policy has been embraced as a toll of development strategy when analyzed in broadest sense it can be seen that it provides a set of instruments to pursue both the best use of resources in terms of efficiency and equity and their maximum possible use in terms of employment, price stability and satisfactory rate of growth (Mukherjee 2007). Exhibiting characteristics of monetary policy, fiscal policy performs a very critical and beneficial role in the economy and analysis has shown this kind of policy performs two important roles in the economy with regard to raising financial resources for development (Mukherjee 2007). First, fiscal policy constitutes a set of mechanisms that ensure the country’s employment level is maintained at its full capacity and as such, the aggregate capacity to save does not go down (Mukherjee 2007). Secondly, it helps to raise the marginal propensity to save of the community above the average propensity to the maximum extent possible without discouraging work effort or violating the law of equity (Mukherjee 2007). Fiscal, together with monetary policy, are seen to be two

Managing for results Essay Example | Topics and Well Written Essays - 2250 words

Managing for results - Essay Example The present day mangers believe in acting as a guide cum leader for the employees; they not just assist the subordinates to perform their task but also help them to move ahead in the career. Therefore, the managers must keep themselves updated with the activities taking place within the organisation. Apart from the internal factors, they also have to understand the external environment that is the economic condition, the government policies in the local as well as in other nations, changes taking place in customer’s behaviour and technology. The growing competition in the business sector demands high degree of efficiency from the managers; thus the company also motivates the mangers to update themselves by participating in different trainings sessions (seminars, conferences and off-job training). In the given project at first role of the manager in the prevailing globalised world will be discussed. Later on, different approaches will be discussed that needs to be followed by t he managers in achieving the organisational goal. Some real life examples will also be drawn to further explain different approaches followed by the managers in their organisations. ... Figure: The Managerial Grid by Blake & Mouton Source: Egner, 2009, p.10 According to Blake & Mouton, the manager’s attitude can be measured on basis of two distinct factors. These are concern for people and concern for production. Generally, the functional mangers (floor managers) are more concerned about the production; whereas the top level managers who have to manage group of highly efficient and self sufficient subordinates are more concerned about the people. The managers who are neither concerned about the people nor about the productions are considered as the inefficient one. Similarly, the one who is high in both the factors is the most effective one. Such a manager maintain close association with the subordinates and assist them to develop themselves (Miller, 2008, p.46-47). The attitude followed by the manager is influences by several factors. These can be summarised as the organisational culture, the leadership style of the top management, the nature of the subordin ates, the social norms of the society were the organisation is operating and finally the personality of the manager. Therefore, all these factors should be taken into consideration by the manager to modify his or her attitude so that organisational goal can be achieved. Role of a manager in the organisation In general, the role of a manger comprises of planning, organising, scheduling, and assisting the employees to accompany their task and evaluating the operations (Rothwell, 2001, p.7). All of these functions are quite essential and managers have to be careful while conducting them. The process of management starts with planning. At first the manager has to analyse the external as well as internal environment and then a plan should be developed that will guide the subordinates in

General Electric Crotonville ampus Case Study Example | Topics and Well Written Essays - 1250 words

General Electric Crotonville ampus - Case Study Example In recent years, GE has embraced organisational management with a program such as the one they are sponsoring firms to come up with efficient and clean energy for America. Q2. GE management innovation where it centralized its decision-making in the 1950’s drew towards a classical management approach and adaptation of the six-sigma approach to management drew a lot on behavioural management theory. In a bid to increase their efficiency and output, GE has adopted a contingency perspective where they approach issues from different angles, they have used techniques such as six sigma to ensure all departments operate at their optimal level; in addition, they have a training facility to train their employees in order to increase their output. Q3. GE has been successful in integrating the management science in its operation due to training of their employees especially in management, the training made sure that the employees were already operating near optimal points therefore it was much easier for them to implement management science approaches such as the six sigma Q4. Developing new leaders is the key to sustainable growth according to GE. Leaders who are passionate about giving their clients the best, who know their products and market well, as well as being innovative. In view of this, general electric has set up a training facility in Crotonville where about 9000 of its employees are trained on leadership annually in order to improve their leadership skills. Q5. GE’s Crotonville Leadership campus General Electric Crotonville campus otherwise known as John F Welch leadership development centre was founded in 1956 as the first corporate school in the world. It is located at the hamlet of Crotonville in New York and hosts about 10,000 employees of General Electric every year, these employees range from entry-level employees to the top management of the firm globally where they learn a lot in leadership (Durett 26). The Crotonville campus offers a wid e range of courses for their clients that include leadership courses for new managers focusing on development, business impact and external focus, customer programs including executive briefing, change management and integration. Other courses are executive courses in leadership, innovation, strategy and manager development and critical skill such as presentation, hiring, team building and project management. In addition to offering the management leadership courses, General Electric Crotonville campus encourages intercultural and interracial interactions between its employees with the courses having more than half of the population coming from outside the United States of America. Other affinity groups of Crotonville campus also offer opportunities that encourage diversity for instance the ‘leading and learning’ summit that is hosted by GE women’s network invites more than 150 women to interact where more than two thirds are customers and suppliers of General El ectric. In order to reach their global leaders and customers in the whole world, General Electric has spread the Crotonville experience to the rest of the world with special global courses in the various parts that include sharing best experiences in Asia. Others include management development in Europe, learning in Abu Dhabi where General Electric has collaborated with Mubadala Development Company, growing teamwork in Asia and on the ground in Africa (Stefanovich 64) The structure at the General Electric

Modern Technology Has Brought the Resurgence of Identity Theft Essay Example for Free

Modern Technology Has Brought the Resurgence of Identity Theft Essay Identity theft is one crime that has spawned from technological advancements. Criminals have developed numerous strategies on how to steal confidential and personal information. Dealing with identity theft may be a challenge since law enforcement personnel may not be fully competent in handling the cases since they may lack the required skills to be able to deal with such a crime while private people and even businesses have lost much because of this type of crime. The number of cases of identity theft has been constantly on the rise; however, the prevalence of the crime may as well be blamed on modern technology itself. Modern technology has brought about many conveniences for ordinary people and even for identity thieves. From only less than 10,000 reported cases of identity theft in 1999, the figure steadily climbed reaching around 50,000 in 2003 and more than 80,000 in 2006 (Infocycle, 2007). In the United Kingdom, credit card fraud has also been consistently increasing. In 2007, over 7,000 credit cards and debit cards were either lost or stolen. CPP Card Protection has indicated a 77 percent increase in credit card fraud compared to the figure on 2006 (Experian QAS, 2008). According to a study by Gartner, identity theft claimed 15 million victims in 2006 alone. The US Justice Department has recorded 226 cases of identity theft in 2005 but in the first half of 2006 alone, there were already 432 cases. The FBI also indicated that it is working on 1,587 cases relating to identity theft (ITRC, 2007). Preventing identity theft may not be as easy as it seems. Joel Reidenberg and Lawrence Lessig said concentrating on the â€Å"architectures of control† to prevent identity theft is the way to go. Solove, on the other hand, indicates that â€Å"architectures of vulnerability† should also be considered in addition to â€Å"architectures of control†. According to Solove, shaping architectures should be the focal point in the protection of privacy and not on remedies and penalties. He noted that architectures often provide a vulnerable point that identity thieves take advantage of. It is this lack of security that identity thieves are able to use a person’s personal information. He suggests that a public identification system be created as a solution to the problem (Solove, 2003). It is exactly new technology that produces these architectures and they are greatly flawed since many people can still bypass its security functions evidenced by the prevalence of identity theft on the Internet. Identity theft has gained much notoriety in the advent of buying and selling on the Internet. However, identity thieves can still use the old methods for obtaining personal information. Common methods are stealing wallets or mails, looking through residential trashcans or business dumpsters, posing as someone legally permitted to access personal information such as credit reports, or bribing their way to get the information (Newman, et. al. 2005). A phishing scam is another method of getting personal information out of a person. The Anti-Phishing Workgroup indicated that there are only 4,564 phishing websites in July 2005 but the number increased to 23,670 as of July 2006. A study at the University of Indiana also indicated that 14 percent of phishing scams are successful which contradicts the Gartner report which indicates only a three percent success rate. The Gartner research also found out that financial losses from phishing scams were $137 million in 2004 rising to $2. 8 billion in 2006 (ITRC, 2007). The fight against identity theft may be considered rather ineffective since law enforcement personnel lack the necessary resources to combat such a crime which is computer-related. Britz indicates that this kind of crime requires law enforcers to have knowledge of computers and other digital stuff. It may be noted that many law enforcement agencies do not have well-trained personnel to handle such cases. These personnel may also be acting several capacities at a given time. Computer technology has increased at an exponential rate as did technology related crime and this would require that law enforcers be trained to effectively handle such crimes (Britz, 2004). As technology improves, security is being compromised and this can be proven by the increasing number of identity theft crimes. While it is true that online banking and other services on the Internet provide much convenience, it also provides lesser risks of capture for identity thieves. Law enforcers could do little do prevent identity theft or to investigate such since not all of them have the capacity to do so and identity thieves are improving their arsenal of identity stealing techniques. Technology might also be considered as the root of the prevalence of identity theft. Even as identity theft was not considered a crime before 1998, it has existed for a long time. Modern computing and telecommunications technology has once again popularized identity theft since identity thieves can better elude law enforcers compared to going to a bank and making a transaction using stolen information (Arnold, 2000). Legislation has always tried to address cyber crime, but it is challenging for lawmakers to keep up since technology quickly evolves and cyber crime evolves with it. A good approach would be improving security measures, educating users, adopting a vigilant approach in combating cyber crime and a police force that is well-equipped to handle such crimes (Alaganandam, et. al. , 2005). Identity theft and other cyber crimes are also classified as white-collar crimes, thus, offenders do not receive harsh penalties. They can even use the money plundered to pay for their defense and they serve at least only one year in prison (Arnold, 2000). Identity thieves must be dealt with harsher penalties since they operate on a much larger scale today and are even comparable to bank robbers only less inclined to being caught and given much less media attention. The number of cases of identity theft is increasing at an exponential rate but this could most likely be blamed on modern technology especially since the Internet has become commercialized. New technology comes with new opportunities for identity thieves to gain access to personal information and using it for personal gains. Legislation can address this problem but it would prove to be a challenge since identity thieves are finding new ways of how to steal personal information as technology develops. Legislation must also address this by rendering harsher penalties for cyber criminals as they operate just like ordinary criminals, the only difference is that they work discreetly and have not been given media attention. Also, the victims do not really know that they have been victimized until after some time the thieving takes places. References Alaganandam, H. , Mittal, P. , Singh, A. , Fleizach, C. , 6 December 2005. Cybercriminal Activity. Retrieved September 7, 2008, from sysnet. ucsd. edu/~cfleizac/WhiteTeam-CyberCrime. pdf Arnold, T. 2000 June. Internet Identity Theft: A Tragedy for Victims. Software and Information Industry Association. Retrieved September 7, 2008, from www. siia. net/software/pubs/iit-00. pdf Britz, M. (2004). Computer Forensics and Cyber Crime: An Introduction. Upper Saddle River, NJ: Pearson Prentice Hall. Experian QAS. 22 August 2008. Holiday Fraud Threat. Retrieved September 3, 2008, from http://www. qas. co. uk/company/data-quality-news/holiday_fraud_threat_2614. htm Identity Theft Resource Center. 30 April 2007. Facts and Statistics. Retrieved September 3, 2008, from http://www. idtheftcenter. org/artman2/publish/m_facts/Facts_and_Statistics. shtml Infocycle. (2007). Government Bodies Must Play Their Part in Securing Against Identity Theft. Retrieved September 3, 2008, from http://www. infocycle. co. uk/index. php? option=com_contenttask=viewid=43Itemid=43 Newman, G. McNally, M. 2005 July. Identity Theft Literature Review. Retrieved September 3, 2008, from http://www. ncjrs. gov/pdffiles1/nij/grants/210459. pdf. Solove, D. (2003). Privacy, and the Architecture of Vulnerability. Hastings Law Journal, 54. p. 1227. Retrieved September 3, 2008, from http://ssrn. com/abstract=416740

Funeral Home Business Plan

Funeral Home Business Plan EXECUTIVE SUMMARY Death is an inevitable phenomenon. When one dies, it is inorder that he or she gets a good send off from friends and family members. Ohio, one of the greatest states in America has numerous towns with funeral homes. However, they do not offer an all round service for the disease. Unfortunately, Monroe, one of the towns in Ohio has no funeral home consequently citizens move to other towns, an expensive and time-consuming issue. This plan outlines the strategy by which a new funeral home, Dobrozsi will define and dominate a new perspective of funeral service provision in Monroe town, Ohio State and extend to the whole USA. It also focuses on the untapped opportunity in the cremation of the dead bodies. Up to now, very few funerals home are cremating the dead bodies. Change in worshipping has resulted into many people going for cremation instead of burial. The plan outlines how these opportunities will be made use of to increase the business scope and turn over there by increasing the profit margin of the business. It will also bring out how these services will be achieved in both the long and the short time. It explains how it shall use the competitive advantage to ensure that it is on top of the business. The plan also brings out the mission, vision, and the objectives of the business. It analyzes the mission of the business its vision and goals as well as the organizational culture. The business will be built on the philosophy of divided we fall united we stand this means that the business can not do a lone minus the other key stakeholders in the sector which include the families, employees, the owners and the environment at large. It describes the culture and what will be done to attain the culture of the business. On a different perspective, the plan describes the business to be started. It gives a brief summary of the business, the type of the business, which is Limited Liability Company. It clearly defines the shareholder who is the sole owner of the business. The plan analyzes the opportunity available through research and how the opportunities will be exploited. The plan identifies the very good and many good opportunities, the entities already in the market, how the incoming entity will take a competitive advantage over the other rivals and outwit them. It mentions the available competitors in the market. It goes ahead to discuss the marketing strategy and plan that the business would use. In this chapter, it discuses identification of the customers or consumers of the product will be identified and mechanisms to reach them. Market segmentation is discussed in this chapter with at least four different segments that the business will try to meet in its endeavors to provide the best quality diseases. It identifies the target markets out of these segments and a market strategy to reach to them. It discuses management and operations of the service business the entity is going to engage in to meet the needs of the customers. The competition in the business has been described vividly together with the different buying patterns experienced in the industry. The plan also identifies the competitive edge and the sales strategy that may be employed to attain the target sales. To conclude, the plan gives a financial breakdown of the required amount for financing the project. It the goes ahead to give a request for funding and the exist strategy. It closes by giving appendix. MISSION, VISION AND CULTURE Mission The mission of the Dobrozsi Funeral Home is to take the best care of the families and friends in the time of a lost loved one by providing the homely environment. The facilities involved will help accommodate the families and friends and the homes serenity will give much consolation to them. The funeral home will, through provision of such services grow to be the best funeral home not only in the town but also in the state of Ohio and to the larger USA. It will use these service provisions to be the most profitable home in the environs. Vision The vision of the funeral home is to be the first successful funeral home in Monroe with the best service. This will be attained through provision of the highest quality services with well the best facilities in the state, well trained, and experienced personnel at the most affordable rates. Culture In order to achieve the set mission and vision, the funeral home will develop a culture of a combination of healthy work environment, hard work, and family and customer service. The healthy work environment will be ensured through provision of better working equipment to the employees with good pay in turn promoting hard work amongst them. The main concern of the funeral home is to take care of families at the point of bereave thus, they will form part of our culture achievable through provision of better services and more especially customer service. COMPANY DESCRIPTION Dobrozsi Funeral Home a comprehensive type or mode of a funeral home with unique services and characteristics form the other funeral homes. It will handle services for all faiths, cremation, and pre-planning on a location of 45050 Monroe at Ohio State found on street 6305 Hamilton along the Lebanon Rd with operations of the business scheduled to begin on February 1, 2011. It is going to be the first funeral home ever in Monroe. The funeral home will be a limited liability corporation (LLC) and the owner will hold all its shares. Evan Dobrozsi, the owner of the funeral home is known for his well-managed entrepreneurial skills that have helped him start up businesses resulting into changing lives of most citizens. With this motivation, he has decided to start up a funeral home at Monroe. This is will be a funeral home of its kinds though with competition from Middletown, Hamilton, Franklin, and Liberty Township and West Chester area having other different funeral homes. Making it an exceptional funeral home will be the normal home looking buildings together with different chapels of different sizes. The home looking building will create a home environment for the mourners giving them a sense of hope while the different chapels sizes will be due to different service-size demands. Their main intentions are to help in the celebration of a life well lived by the deceased, provide consolation, and hope to friends and relatives through services in the chapels. In addition, it will ensure better customer service to take on board the families as part of the organizational culture. OPPORTUNITY ANALYSIS AND RESEARCH State of Ohio has a population of about 11.5 million people being the seventh highest in the USA. The death rate of the USA citizens has been on the increasing note every year according to research conducted of late. In Monroe, the death rate has been significantly increasing with no funeral home around. The closest funeral homes are found in the other towns of the Ohio state, making people to move for long distances taking a lot of time before they get a funeral home.There is no funeral home in Monroe and the death rates are increasing considerably. This means that the cost of sending off a loved one is higher due to the additional costs incurred in transporting the bodies to and from the far funeral homes. It also leads to too much time wastage between the towns of the state and looking for a funeral home. Time lost is a very valuable resource and once lost can never be recovered. Many people in turn are getting disappointed and demoralized when they, in real sense as supposed to be consoled. Though there are funeral homes around, their services have been limited, slow, and expensive. Staffs in these funeral services lack the experience to offer the best funeral service. Whats more, they concentrate so much on the dead rather than on the people bereaved. There are no measures to console them. In addition, they do not take of other ways of sending off the loved ones such as cremation. The funeral homes having these facilities are very poor with inadequate number of employees some of whom do not have the skills to offer such services.Research has proved that many citizens are now going out of the state to look for a friendlier funeral home for the services of these loved one lost. Most of these funeral homes in any case, use the non-automated systems making service delivery ineffective. There is push towards cost, as people prefer funeral homes with low costs without compromising on the quality of the service offered. Majoring on these weaknesses of the competitors and the unavailability of the funeral homes in the state, Evan Dobrozsi created an opportunity and is about to venture into serious business. Dobrozsi funeral home will take up the opportunity by focusing much on the competitors weaknesses in order to strengthen them as well as taking the bigger opportunity of the lack of funeral homes in Monroe. In this case, it will enjoy the monopoly status within the region. It will bring services closer to Monroe citizens as compared to the others. MARKETING STRATEGY AND PLAN Identification of the customers In a bid to know the real customers of the funeral home, it is better to segment the market, dividing it in need categories. Most funeral homes if asked today will admit that they do not know their customers. American population is segmented in correspondence with generations making up the population. The funeral will hence concentrate on the generations. Statistics has proven that people age 23 and over are capable of making a purchasing decisions, thus our strategy will be to reach out to people of ages 23 and above. The funeral home will also target other faith that believes in the cremation of the dead. Most funeral homes have ignored this area for a very long time. Our better, high quality resources will enable us perform the cremation services to the bodies of the deceased who believe in the cremation. The most effective market among the segments id the Generation with a high demand and very little supply hence the funeral home will focus on the market. Market Segmentation Monroe has a family percentage of 76% with an average age of 39.7 years old. Our market segmentation will be based on the Americas division of people in terms of ages. We have realized that within these segments, generation as used by USAs demography, the purchasing power differs and focusing on all of them leading to a variety of market hence needs and services. The market divided according to decision makers on purchasing is has the following segments for focus: V.2.1 The GI Generation (born 1901-1924 and may be referred to us post World War I)   According to the USA demographics as at 2003, these are people who are now 76 years and above. In this business, it is the most active with a mortality rate of about 10.9% per annum. Due to this high mortality rate, they have to make funeral arrangements either by themselves for those not afraid or their caretakers will make for them. They in most cases have very little hope in living, more that is a fueling factor for their mortality. The new funeral home will take on this market with a lot of enthusiasm. V.2.2 The Silent Generation (born 1925-1945) With a mortality rate of 3.1%, most funeral homes tend to concentrate so much on them. Unexpectedly, the Boomers rather than the G1 have influenced them. Much of their lifestyles revolve mainly on the Boomers trying to much them. A reason that has made many funeral homes to concentrate so much in them is due to other causes of death other than natural attrition. It is considered the working generations with so much experience and many years of service. In effect, they are the richest and help the G1 and the Boomers meet their expectations of funeral services. V.2.3Boomers (also called the post World War II born 1946 through 1964)  Ãƒâ€šÃ‚   Compared to the two generations, their mortality rate is quite low about 0.5%. However, the majority of this generation are considered very productive, innovative and more enthusiastic than the above two generations. As a result, they are engaged in planning services and especially for funeral arrangements. For our success, we cannot leave the generation since they will bring business when are attracted to good and high quality services. We win them they bring business. V.2.4 Generation X (1965-1980)   Amongst all the cohorts, this is the last and the youngest with a low mortality rate but may experience some changes due to change of behavior. They are so adventurous, a fact that is currently changing their mortality rates. They believe in themselves but are also very influential not necessarily in death but they also participate in the funeral arrangements of their parents and grand parents. Even though they have very little to do with funeral matters, they still influence decisions regarding the funeral arrangements especially if they have no relations in Silent and G1 but boomers. The Target Market for the home The target market of the funeral home will be the G1, Silent, and the Baby Boomers. The three cohorts have different needs, tastes, and potential very significant in the operations of the funeral home. Through the three cohorts, the funeral home will learn how to provide differential high quality services to the customers and the families involved. The other target will be the less tapped opportunity in cremation services especially around Monroe. Many funeral homes fear venturing into this type of product and we shall take advantage of this fact to help us have differentiated products to the customers. Marketing Strategy Our culture is to enhance the correlation between the employees, the customer and the management, the funeral home focus will to establish a link between the three parties for the success of the business. This will be achieved through provision of high quality services to the consumers at an affordable price, ensure that the employees have the best working environment consequently, high return for the owner. The chapels will be available for the families of the bereaved to offer service to the deceased and get consolation that he or she has started a new life for the believers. MANAGEMENT AND OPERATIONS Having toured the funeral homes and seen the management of the homes below expectations. Dobrozsi funeral home will have the best management of human resources and the services delivered. It is going to gain a competitive advantage through provision of high quality services as compared to the rivals. It strategic management policies will ensure that it achieves the objectives, mission, and vision. The existing funeral homes are far from the people with low quality services and they have failed to offer-differentiated products to the varied needs and wants of the consumers. It is on this basis that the Dobrozsi funeral home will be managed in order to out do our competitors. From Portes five forces that affect the operation of the business, the funeral home shall develop better policies to enhance its effectiveness and avoid any further threats from the incoming entities in the same industry. Analysis of the service business to be implement In the event of death, a person has to be buried of cremated depending on the deceased culture and traditions. Since the remains of the deceased are never useful to the family members and relatives there is an option of a funeral home. Funeral homes universally offer some important services to the dead which includes Provision of a service for then deceased Ensuring that the body of the deceased is well preserved   and ready for viewing Moving of the body from the funeral home to residential home and to the burial site Provision of certain resources to aid the funeral such as casket, urns, remembrance products Providing immediate burial minus a service depending on the culture an tradition of deceased Providing cremations service not common to many funeral home Competition and Buying Patterns in the market People would choose a funeral home first for convenience purposes, service to the family and reputation derived from the funeral home. The biggest percentage goes for convenience in terms of location and costs. Monroe has not had a funeral home since time immemorial. Having identified the buying pattern, customers will go for the easiest and fastest option, we are going to launch our funeral home at Monroe to take up this opportunity. Freedom of worship has also changed the buying pattern. Many people are now joining the religious groups of their choices. Consequently, there has been an increased demand for cremation, an are not well exploited by the funeral homes. People are also becoming too religious. For this reason we are going to have different chapels of different sizes and we shall provide cremation to have competitive advantage not only over the rivals in the market but also for those who may want to join the industry. Competitive Edge Dobrozsi Funeral Home is one of the best homes to be started in Monroe. It will provide caring atmosphere with facilities to ensure a person is given a dignified send off by the home. It ensures that the remaining family members and friend are consoled in order to have the faith that one day they will meet again. The upcoming funeral home will explore its competitive edge to offer these values and functions and help promote the living standard of the employees. Its competitive edge is the fact that many have not ventured into the business in Monroe as well as the cremation, which is offered by very few funeral homes. It will uphold the values and purposes of a burial or a funeral for that matter. The values and the purpose of a funeral gathering is to appreciate someone for the life well lived, wish him a farewell and support the ones left behind with consolation. Sales Strategy In meeting our sales, a strategy has been laid down to ensure its achievements. The home will bring on board executive directs sales agent who will employ the process of personal selling to approach customer, present the product, convince the customer to purchase the product and close the sales. The sales executive may then request for more leads from the customer. Once a sale is closed, the customer will be like part of us. Through him, we shall reach other hundreds of customers out there VII. FINANCIAL ANALYSIS AND PROJECTIONS This analysis and plan aims at getting a loan of $ 184,000 with the total net worth of the business being. Our start-up expenses of $32,500 and asset purchases of $151,500 are to be financed by loan Start-up Funding Amount in $ Start-up Expenses to Fund 32,500 Start-up Assets to Fund 151,500 Total Funding Required 184,000 Assets Non-cash Assets from Start-up 58,500 Cash Requirements from Start-up 121,250 Additional Cash Raised Cash Balance on Starting Date Total Assets 235,300 Liabilities and Capital Liabilities Current Borrowing 184,000 Long-term Liabilities Other Current Liabilities (interest-free) Total Liabilities 184,000 Capital Planned Investment Owner 58,500 Investor Additional Investment Requirement Total Planned Investment 58,500 Loss at Start-up (Start-up Expenses) (32,500) Total Capital 26,000 Total Capital and Liabilities 210,000 Total Funding 242,500 VIII. FUNDING REQUEST AND EXIST STRATEGY Starts up costs of a funeral home are much higher than businesses of the same size. The costs of cars are very high and the small amount of equipment that is needed is high. All these items are things that you have to have to operate a funeral home aside from the facilities. All the things that are in this list are things that are absolutely required and are not things that you can do without. To have a funeral home you must be able to embalm a body and make-up which you need tables for. The embalming table is stainless steel which is what makes it so expensive. You must have a van and a cot to make removals. Another big thing is the cost of the hearse with is probably the biggest expense cause it has to in a since be custom made. The last large expense is a cooler to keep bodies in that arent embalmed or are going to be cremated We are therefore requesting for a funding of $ 184,000 which we are sure to pay in the next one year that is a period of 12 months. The amount is to assist us get the required material for the start of the business. We shall repay the amount together with the interest required. On a straight line basis without the inclusion of the interest rate we are sure to pay the following amount: Amount borrowed $ 184,000 Period of repayment 12 months Monthly repayment 184,000 / 12 months = $ 15,333.33 per month Once the amount is paid up we shall be glad to be a member of the bank. All our proceeds shall be used through your good bank. We therefore humbly request for the financial assistance to help us achieve the objective and promote the lives of the people of Monroe by giving the family members of the deceased a good consolation and ensuring that the deceased is given the best send off by the people he or she loved. We are proud to be associated with you and we look forward to doing business. APPENDICES Appendix 1: Financial Requirements Appendix 1a): The financial requirements of the firm visa a viz the actual that we be used up during the implementation Item Cost Estimate/Actual Start-Up Expenses Accountant Fees 1500 Expensed Equipment 2500 Financial Institution Fees Identity Set/Stationary 3000 Insurance 5000 Legal Fees 10000 Licenses/Certificates/Permits 1000 Marketing Materials (cards) 2000 Payroll (with taxes) 2000 Professional Fees Other 2000 Travel Utilities 1500 Web Fees 2000 Other Total Start-Up Expenses 32500 Start-Up Assets Cash Balance for Starting Date Equipment 25000 Furniture Fixtures 30000 Leasehold Improvements Cars Rent Deposit Signage 3000 Utility Deposit 500 Other Total Start-Up Assets 58500 Total Start-Up Requirements 151500 Appendix 1 b): The required assets Item Quantity Cost Equipment Hearse 1 100000 Removel Van 1 35000 Embalming Table 1 2000 Removal Cot 1 1300 Prep Table 1 900 Embalming Pump 1 800 Church Truck 1 1000 Prep Stuff 1 2500 Cooler 1 8000 Other Costs Start-Up Investment-TOTAL $242500 Cash Reserve $121250 Total Start-Up Investment + Capital Reserve $363750 Appendix II: The Work plan and how the activities will be done PROJECT JANUARY MARCH APRIL JUNE JULY SEPTEMBER OCTOBER DECEMBER Drawing the plan Collection of the materials Seeking for funding Purchase of the assets Building project inception Doing a market research for determination of the demand level Getting the required people in time to begin business Registration of the company Appendix III: Statistics found out on the marker of the Monroe State Series 1 represents the Mortality rate of the Boomers Series 2 represents the Mortality rate of the Silent generation Series 3 represents the Mortality rate of G1 Generation