...independent and bias free assessment of election processes for different countries. The declaration and code of conduct were drafted as an effort to guarantee the integrity and proficiency of elections. The document defines international election observation as: “the systematic, comprehensive and accurate gathering...
Words: 757 - Pages: 4
...u01a1 – Case Law Analysis: Judicial Concepts Student: Beatriz T. Halbert Instructor: Professor Melvin Landry Quarter: Fall 2013 Course: BUS3021 I selected U.S. Supreme Court (Court) case Commonwealth v. Continental Casualty, 393 U.S. 145 (1968) for my case law analysis on judicial concepts. The Court heard arguments on October 22, 1968. Mr. Justice Black delivered the opinion of the Court on November 18, 1968. The petitioner, Commonwealth Coatings, sued Continental Casualty, on the prime contractor’s bond to recover money due for a painting job. The contract between the prime contractor and the subcontractor included an arbitration provision. The petitioner selected an arbitrator, the prime contractor selected another arbitrator, and the two arbitrators selected a third. The third arbitrator was an engineering consultant who had provided occasional services to the prime contractor over a four to five year period. The prime contractor paid approximately $12,000 in fees to the individual during the referenced period. The petitioner challenged the arbitration award on the basis that the prime contractor failed to disclose this relationship until after the award. The Court of Appeals affirmed the District Court’s refusal to set aside the award (Commonwealth Coatings, 1968). The Court held that arbitrators should disclose any dealings that might create the perception of bias. Since the prime contractor failed to disclose their relationship with the third arbitrator...
Words: 710 - Pages: 3
...Benjamin Franklin’s Remarks concerning the Savages of North America is a collection of Ben Franklin's thoughts and interactions concerning Native Americans in the 18th century. Beginning with his own analysis he describes the "Savages" manners as different than his own. Franklin also acknowledges that the Native Americans thought of their manners as he did of his own—as "the perfection of civility". Franklin goes on to describe the societal structure of Native American tribes. Referencing specific instances, such as the Treaty of Lancaster, Franklin describes the interactions between Native Americans and the White colonists, during one of the most tumultuous times in Native American history. Franklin comes across as a rationalist in this writing. Remarks such as "Perhaps, if we could examine the manners of different nations with impartiality, we should find no people so rude" summarize the bias of the white male in America as a whole—touching on many, if not all of Jon Meachum's views in Keeping the American Dream Alive. The very core of the problems impeding the American Dream are manifested by the Swedish minister's reaction when the "Indian orator", after listening to the wonders of Christianity, offered to share a Native American legend. Taking great offense to the gesture, the minister completely dismisses the story as fictitious. Completely intact is the narcissistic rationale that all things white are "sacred truths", while everything not white will earn you a one way...
Words: 375 - Pages: 2
...Evaluating Credibility and Validity of Sources: We learned that it is important to evaluate the credibility of the source and make a judgement on its relevance to our topic/argument. Credibility can be validated based off on the background of the author, impartiality, style and tone of article and currency. For instance for an argument on animal rights as described in…, the argument can be presented in different ways depending on the specialization of the author. A phychologist, philosopher or economist might present the argument in different style. Also, the author’s personal interest to the subject might affect the an author’s opinion or treatment to the subject. For instance, an author who is vegetarian is likely to argue against using animals for food and may present argument in a way that’s less than impartial. The publication Alongwith the author’s background, it is also important to validate the author’s personal interest associated to the subject ; We also learned that a special interest or preference might affect an author’s opinion or treatment to subject. In the simplest terms, a declared vegetarian is likely to argue against using animals for food and may present those arguments in a way that’s less than impartial. The writing style and tone is another way to form credibility and validity of sources of information. You should determine whether the tone is professional or not. If it is indeed professional and the tone is for the targeted audience...
Words: 3442 - Pages: 14
...A Critical Review of Corruption and the Watchdog Role of the News Media by Sheila Coronel Introduction In Corruption and the Watchdog Role of the News Media, Sheila Coronel presents the role of media as a watchdog to keep the government in check. Coronel also examines the actual situation of the “watchdogging” by the media including its vulnerabilities to certain factors such as globalization, deregulation, economic impact, culture and many more. She presents the scenario in a form of research in which she shares her arguments and analysis as a veteran investigative journalist. This paper will review Coronel’s research as well as her primary arguments including her policy recommendations, and will evaluate the quality of Coronel’s research, writing, and focus. Summary Coronel begins his paper by reviewing the general premise of media as a watchdog of the society in monitoring government and exposing its excesses. She presents evidences on the retraction of this role around the world thanks to “globalization, the fall of authoritarian and socialist regimes, and the deregulation of the media worldwide.” To ponder on the watchdog role of media, Coronel asks the following important questions: Is the press acting as watchdog always desirable? In countries where the media are hobbled by draconian state restrictions or driven largely by the imperatives of profit-obsessed markets, is such a role even possible? What enabling conditions make a watchdog press...
Words: 1196 - Pages: 5
...Jury Trial Analysis CJA/364 Jury Trial Analysis In the United States citizens are given certain rights when they are accused of a crime and are facing a trial. They have the right to a speedy trial, this it to avoid a person being charged with a crime them spending a prolonged period incarcerated prior to conviction. They have the right to an impartial jury. Jurors are interviewed by both the prosecution and the defense to endure that the defendant is not known to them and that if the potential jurors do have any knowledge of the crime, gained via the media or sources other than personal knowledge. Defendants are also entitled to an impartial judge. Judges are held to a higher standard that than of people in other jobs. They are required to put aside personal opinions and make decisions based solely on the facts as they are presented in court. The Right to a Speedy Trial The Sixth Amendment to the United States Constitution guarantees a person accused of a crime the right to a speedy trial. The Founding Father of the United States added this amendment to the Constitution for two reasons, ("The Free Dictionary", 2014). First they wanted to prevent those accused but not yet convicted of crimes from spending a long period of time incarcerated when they have not been found guilty of it yet. The second reason was the fear that if the trial was delayed the memories of witness could fade, witnesses themselves could disappear, and evidence could be lost. While both...
Words: 1282 - Pages: 6
...Jury Trial Analysis The jury selection process is a significant portion of the trial process. Jury selection ensures that courts maintain proper Due Process and comply with constitutional guidelines. Furthermore, it gives lawyers the ability to evaluate the people in the jury and determine how they would feel about the case. The trial process branches out into six steps: jury selection, opening statements, presentation of evidence, closing arguments, charging of the jury and deliberation of jury. Throughout the process of jury selection, potential jury is based on a process names an voir dire; otherwise known as committing to telling the truth. During voir dire, potential jurors are included in the case or eliminated from the jury. Potential jurors are required to answer a series of questions concerning their personal bias regarding the case. The series of questions help determine if any of the potential jurors have had previous exposure to the context of the case, or a personal connection to the actual trial. If a lawyer can conclude based on the questioning, that the juror may be biased, they have the ability to challenge their position on the jury. Voir dire will be further examined in order to discuss how an unbiased jury is prepared for a trial. Normally twelve jurors are than selected with two being selected as alternates. Both sides of counsel (Defense and Prosecution) are given the chance to question or challenge each juror before their acceptance or rejection as potential...
Words: 900 - Pages: 4
...manipulating financials to show the public inflated numbers about Enron’s profitability. By showing these numbers to the public they were trying to mislead the public into thinking the company was more profitable than it really was. Mr. Jeffrey Skilling was convicted by a Texas federal district court of conspiracy, securities fraud, making false representations to auditors, and insider trading. Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted by the government under an invalid legal theory and that the jury he had was biased. II. Defenses claimed by the defense Criminal trials are normally held where the crime was committed, however, the defendant may request a change of venue if they believe that bias where the crime was committed would prevent them from receiving a fair trial. Mr. Skilling argued that the court should have never tried him in Houston. Mr. Skilling pointed out prior cases where the Court decided that due to extreme media coverage there was a possibility of juror prejudice that required the courts to change the venue. However, I believe that Mr. Skilling’s case differs from these prior cases which were all in small communities, had media coverage that showed the defendant confessions, and trials that occurred right after the crime and media coverage. I also believe that Skilling’s jury acquitted him of several charges, due to this face I believe that it is very unlikely that there was any juror prejudice. Even though the...
Words: 1487 - Pages: 6
...Chapter 5 Review Questions 1. Describe systems analysis and the major activities that occur during this phase of the systems development life cycle. During systems analysis, you determine how the current information system functions and assess what users would like to see in a new system. Requirements determination, requirements structuring, and alternative generation and selection are the three primary systems analysis activities. 2. What are some useful character traits for an analyst involved in requirements determination? Requirements determination is a crucial part of the systems development life cycle; therefore impertinence, impartiality, relaxing constraints, attention to details, and reframing are important characteristics. 3. Describe three traditional techniques for collecting information during analysis. When might one be better than another? Traditional techniques for collecting requirements include interviewing and listening, observing users, and analyzing procedures and other documents. Interviewing and listening involve talking with users individually or as a group to discover their views about the current and target systems; it also involves carefully preparing an interview outline and guide before conducting the interview. Interviews are best done when only a few people are involved, when you need open-ended questions or the questions vary from individual to individual, or when a more personal method is needed. 4. What are the general...
Words: 947 - Pages: 4
...Daniel worked in the accounting department of Lynchberg Manufacturing. Daniels was recently asked to prepare a sales budget for the year 2011. He conducted a thorough analysis and came out with projected sales of 250,000 units of product. That represents a 25 percent increase over 2010. But after some time he found that he had made some mistake in his report. The report had indirect effect on the demand and sales of the product and also the hiring of the employees. He was in making a decision to tell his superior authority about the mistake. But his friend suggested not telling as it may risk his job. After listening to him his decision got bias. But in my opinion an employee should immediately report and error when it is discovered. All employees, especially employees who are burdened with the task of making projections which may impact the future of the company must act with integrity. Small-business investors and leaders consistently rely on the ethical collection and delivery of financial information. “According to Mintz, “Integrity is a fundamental trait of character that enables a CPA to withstand client and competitive pressures that might otherwise lead to the subordination of judgment.” The priority must be based on the professional responsibilities first rather than looking at the personal interest first. What if the mistake is caught and then there will be no job rather than except the mistake and tell the superior authority there might be chance that the superior...
Words: 885 - Pages: 4
...(Slip Opinion) OCTOBER TERM, 2009 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SKILLING v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 08–1394. Argued March 1, 2010—Decided June 24, 2010 Founded in 1985, Enron Corporation grew from its headquarters in Houston, Texas, into the seventh highest-revenue-grossing company in America. Petitioner Jeffrey Skilling, a longtime Enron officer, was Enron’s chief executive officer from February until August 2001, when he resigned. Less than four months later, Enron crashed into bankruptcy, and its stock plummeted in value. After an investigation uncovered an elaborate conspiracy to prop up Enron’s stock prices by overstating the company’s financial well-being, the Government prosecuted dozens of Enron employees who participated in the scheme. In time, the Government worked its way up the chain of command, indicting Skilling and two other top Enron executives. These three defendants, the indictment charged, engaged in a scheme to deceive investors about Enron’s true financial performance by...
Words: 40397 - Pages: 162
...INTRODUCTION: The article chosen for the critical review is “ERP Training with a web-based electronic learning system: The flow theory perspective” by: Duke Hyun Choi, Jeoungkun Kim, Soung Hie Kim. The article built strengths from the limitations of previous studies. Based from their range of literatures, they have found a gap in the information delivery system which is the lack of theoretical background. Then, exploration and validation of relationships with its key concepts. Through these boundaries the authors evidently stated their objectives. First, to present flow theory as a theoretical foundation in e-learning domain. Second, assess what student perceptive factors are significant to the key constructs: flow (holistic experience) and attitude towards the learning outcome. Third, develop a comprehensive theoretical framework that can be practiced in the e-learning field. After empirically explored with the help of survey questionnaire answered by the students of the ERP training program supported by Ministry of Korea, the antecedents that revealed directly (learner interface and content) and indirectly (interaction, instructor attitude towards students, instructor technical competence) influence the mediating variables thus affect mastery in ERP usage. Results suggested the inclusion of flow experience as new theoretical background and flow theory as a “promising theoretical foundation”. The article was structured logically and comprehensively. For example, in describing...
Words: 1865 - Pages: 8
...Jury Trial Analysis Jaynice Harden March 16, 2015 CJA/364 Criminal Procedure Shane Krauser Jury Trial Analysis In today’s society, there are many people who know what a jury trial is and what is expected in the process of a jury trial. They may also know why the process is important and very necessary as it protects the citizens of the United States. The part that some people may not know about is the process that is taken during the pre-trial phase. Any and every individual that has been accused of wrong doing have the right to a fair trial. In addition, everyone has the right to an attorney to help then fight and understand the legal side of the defense. A jury trial can consists of 12 adjudicators which as selected at random that will take all information into consideration and decide upon the facts of the civil or criminal case. Criminal cases are more serious than civil cases. “In this case, serious offense refers to offense carrying a punishment of over six months (Gaines & Miller,2011). A jury trial consists of six steps that must be followed in order to ensure a fair trial. The prosecution as well as the defense is very needing of these steps in the criminal justice system. If it should happen to be a violent crime then a fair and impartial jury would have to be the ones to give the prosecution the verdict. However, if it turns out that the accused is not guilty then the accused have the right to due process and a fair trial. A jury trial is very important...
Words: 1560 - Pages: 7
...Acknowledgement With the genuine gratitude I wish to thank every person who has come into my life and inspired, touched and illumined me through their presence. I thank almighty God for giving me all the blessings for my life, all for His kind presence in all my activities. I would like to thank Rev. Dr. Johnson Neelanirappel for his valuable guidance and for generously sharing his time, knowledge, love and energy to guide me in the right path for the completion of this thesis. I would also like to acknowledge and express my gratitude to the following people for their glorious support and contributions to my journey and the completion of this thesis. I pay homage to the librarian of Santhom library Rev. Dr. Sebastian Chalackal and all other librarians for helping me in the collection of data for the completion of this work. Fro generously sharing their wisdom, love and time I pay gratitude to my entire batch mates of Dazzlers. Conveying my sincere thanks to all the members of Sevana social group I wind up. general introduction Human is a rational and social being. Society is an unavoidable factor for human being. There are a lot of things to keep as a social being to human. To maintain a good relationship with others, there are certain written and unwritten rules. The person who keeps this rules called ‘just man’. There are different faces to the concept ‘justice’. A brief study about the concept ‘justice’ is an important today...
Words: 9389 - Pages: 38
...Patton could poll other companies in the distribution industry to determine an average broken bottle rate and be able to compare to his company’s numbers to identify potential anomalies. Westchester can also accept broken bottles and return them to the warehouse before disposal so that based on the weight the numbers can be cross-checked. For the expense report the requirement of formal receipts needs to no longer be an unwritten rule but an enforceable one. There can also be random audits by independent CPAs who may even use data analysis techniques like Benford’s Law to identify irregularities in...
Words: 1287 - Pages: 6
