...need the statutory interpretation to help them. The reason of this, even how, the words in the statutes are specific but sometimes the words contains ambiguity and vagueness in words. On top of that, each word could give us different meaning. For example, we can find in the Oxford Dictionary where a word would contain at least one meaning. Hence, without the statutory interpretation, a lot of judges would have trouble in deciding their judgments in deciding a case. This essay will analyse the four rules, intrinsic aids and extrinsic aids and presumptions in the interpretation of statutes. There are four different rules of interpretation in English law which are the literal rule, the golden rule, the mischief rule and the purposive rule/approach. Each rule take different approaches and some judges prefer to use one rule while other judges prefer another rule. Traditionally, the English courts have taken a literal approach to the interpretation of statutes. The Literal Rule is the cornerstone of this approach. The literal rule requires the courts to give the words of a statute their plain meaning. It is for a court to interpret Parliament’s intention from what it has actually said – not from what it thinks it meant to say. This can produce some surprising results as, in practice, words seldom have a single plain meaning. The example case of the literal rule can be Whiteley v Chappell (1868-69). It was a statutory offence to impersonate “any person entitled to vote” at an election...
Words: 1109 - Pages: 5
...Essay Questions The hierarchy of business decision makers categorizes organizations based on how they use business research to make decisions. List and explain the three levels in the hierarchy. The three levels in the hierarchy are the base tier, the middle tier, and the top tier. Organizations in the base tier are called intuitive decision makers because they use past experience and intuition to make decisions. The middle tier organizations are called standardized decision makers because they base some decisions on business research and others are past experience. The top tier is called the visionaries because they consider research to be the foundation of any good decision. This group may also develop specific proprietary methods of research. What is the difference between applied research and basic research? Applied research is research that has a practical problem-solving emphasis and is conducted to reveal answers to specific questions related to action, performance, or policy needs. Basic research is designed to solve problems of a theoretical nature with little direct impact on strategic or tactical decisions. Essay Questions What are the seven basic principles of the U.S. Safe Harbor Agreement? List each principles and explain what it means for companies seeking to adhere to the agreement. The seven basic principles are 1) notice, 2) choice, 3) access, 4) security, 5) onward transfer, 6) data integrity, and 7) enforcement. Companies must notify consumers about...
Words: 2687 - Pages: 11
...Probability And Non Probability Sampling Cultural Studies Essay A probability sampling method is any method of sampling that utilizes some form of random selection. In order to have a random selection method, you must set up some process or procedure that assures that the different units in your population have equal probabilities of being chosen. Humans have long practiced various forms of random selection, such as picking a name out of a hat, or choosing the short straw. These days, we tend to use computers as the mechanism for generating random numbers as the basis for random selection. Probability sampling methods are those in which every item in the universe has a known chance, or probability of being chosen for sample. This implies that the selection of the sample items is independent of the person making the study that is the sampling operation is controlled so objectively that the items will be chosen strictly at random. Types of probability sampling Simple Random Sampling: The simplest form of random sampling is called simple random sampling. Neither of these mechanical procedures is very feasible and, with the development of inexpensive computers there is a much easier way. Simple random sampling is simple to accomplish and is easy to explain to others. Because simple random sampling is a fair way to select a sample, it is reasonable to generalize the results from the sample back to the population. Simple random sampling is not the most statistically efficient method...
Words: 3261 - Pages: 14
...elements contained in a known as public policy. In this vain, this essay is an attempt to define the term policy using examples from education. Furthermore, it will explain why it is necessary that each sphere of public life be enshrined in a public policy. The term Policy is not a precise term. Unfortunately, the term policy is something which takes different forms. There is push to designate policy as the ‘outputs’ of the political system, and in a lesser degree to define public policy as more or less like interdependent policies dealing with many different activities. Studies of public policy areas, on the centrally, have tended to focus on the evaluation of policy decisions in terms of specified values, that is, a rational rather than a political analysis. The magnitude of this problem can be recognized from the other definitions, which have been advanced by scholars in this field. To start with, Policy refers to those plans, positions and guidelines of government which influence decisions by government (e.g., policies in support of sustainable economic development or policies to enhance access to government services by persons with disabilities). In other words, policy is an action to achieve a goal (Bell & Stevenson, 2006). A policy establishes guidelines or direction for the City's actions with regard to one or more concerns, problems or opportunities. A policy can also be a general plan or approach to a specific need, problem or issue. This means that a policy is...
Words: 1466 - Pages: 6
...Central Michigan University Seymour Johnson AFB/Global Campus MSA 501-Managing Change with Emotional Intelligence Dr. Bonnie Anderson September 13, 2015 Emotional Skill Assessment Submitted by Tina Williamson Abstract I have questioned myself several times about my leadership style since becoming a supervisor with my current employer. I must admit that I accepted my position without a clue of how to effectively supervise others. I’m learning that becoming a great leader takes time and clearly doesn’t happen overnight, especially if you are not a “born” leader. However, I believe that continuous training and education will improve my leadership skills. This paper will consist of several things to include: four different surveys and tallying up the scores to reflect my degree of emotional intelligence, assessments and scores that identify my strengths and weaknesses, and skills that I could use to improve my emotional intelligence to be an effective leader. I believe that there are different types of leadership styles in the workplace. Some people were assigned to be leaders from their mother’s womb and others require training. The style of a leader depends on three things: beliefs, values and skills. The characteristics of a good leader should consist of honesty, respectfulness, sense of humor, the ability to inspire and encourage, good communication skills, flexibility, confidence and commitment. I participated...
Words: 2504 - Pages: 11
...R/ST 341i: MW 3:30 pm Final Essay-1 The Recorded Sayings of Chan Master Lin-chi One of the greatest Zen Masters of all time, who spoke powerfully to awaken without compromise, was Ch’an Master Lin-chi. Among the most important texts of Zen literature, the Zen Teachings of Master Lin-chi details the insights and exploits of the great ninth century Chinese Zen master Lin-chi, one of the most highly regarded of the T'ang period masters. This essay discusses about some main themes in the Record of Lin-chi. “The Recorded Sayings of Chan Master” depicts the exchange between Lin-chi and the monk-questioner in much more vivid terms. Following the monk's question: "Who is the true man with no rank?” the passage continues Lin-chi provocations with "the Master got down from his chair, seized hold of the monk and said "Speak! Speak!" (Watson 1). The monk tried to say something. The Master let go of him, and said: "The true man with no rank-what a dried shit stick!" He then returned to his quarters." Lin-chi is really saying that the essential Buddha is the One who controls the physical body. This "true man without rank" has no form and is definitely not a fixed thing. The "true man" is intrinsically free from the basic qualities of material and mental phenomena. The One who sits upon this lump of red flesh is free of impermanence, suffering, and insubstantiality — what Buddhists call "the three marks" of conditioned phenomena. True nature is intrinsically free, now and forever ( Watson...
Words: 1278 - Pages: 6
...natural law theory. American legal philosopher, Lon Fuller who was “an outsider within the intellectual climate of mid-twentieth century legal philosophy” today, stands as “the leading natural lawyer” at the forefront of it. However, despite seeming to conform to natural law thinkers, Nicholson claims that Fuller’s “natural law terminology should not be allowed to obscure his originality”. He eschews the Christian doctrines normally present in natural law, and instead presents a more procedural approach to marry the ideas of morality and law. This essay will explore his claims - namely the “internal morality of law”, its moral authority and also further the argument that posits the inherent intertwine of law and morality is correct and necessary as the first line of defence against evil regimes and as a check and balance to ensure government accountability. Fuller’s Internal Morality of Law For context, it’s worth noting what Fuller believes as the purpose of law - that it is a purposive “enterprise of subjecting human conduct to the governance of rules”. Fuller begins by introducing two types of moralities - the morality of duty and aspiration. He describes the two using “an imaginary scale” that “starts at the bottom with the most obvious and essential moral duties and ascends upward to the highest achievement open to man”. Simply put, the morality of duty requires fulfillment as the minimum whereas that of aspiration only requires one to aspire to such moralities. The internal...
Words: 3199 - Pages: 13
...Journal of Management http://jom.sagepub.com/ The Role of Sampling in Strategic Management Research on Performance: A Two-Study Analysis Jeremy C. Short, David J. Ketchen, Jr. and Timothy B. Palmer Journal of Management 2002 28: 363 DOI: 10.1177/014920630202800306 The online version of this article can be found at: http://jom.sagepub.com/content/28/3/363 Published by: http://www.sagepublications.com On behalf of: Southern Management Association Additional services and information for Journal of Management can be found at: Email Alerts: http://jom.sagepub.com/cgi/alerts Subscriptions: http://jom.sagepub.com/subscriptions Reprints: http://www.sagepub.com/journalsReprints.nav Permissions: http://www.sagepub.com/journalsPermissions.nav Citations: http://jom.sagepub.com/content/28/3/363.refs.html >> Version of Record - Jun 1, 2002 What is This? Downloaded from jom.sagepub.com at University at Buffalo Libraries on June 20, 2014 Journal of Management 2002 28(3) 363–385 The Role of Sampling in Strategic Management Research on Performance: A Two-Study Analysis Jeremy C. Short∗ School of Business Administration, Portland State University, Portland, OR 97207, USA David J. Ketchen, Jr. College of Business, Florida State University, Tallahassee, FL 32306, USA Timothy B. Palmer Department of Management, Haworth College of Business, Western Michigan University, Kalamazoo, MI 49008, USA Received 4 June 2001; received in revised form 30 October...
Words: 11266 - Pages: 46
...contribution to innovation.” Crowdsourcing is finally coming of age especially with a prominent rise in recent years, it is recognised crowdsourcing is an online phenomena which aims to distribute problem solving and production to impact on the present day’s rapidly changing global business environment. This essay provides an introduction to crowdsourcing, analysed through a theoretical basis in reference to examples, moreover paying particular attention to distinguish and define crowdsourcing from open source production. Furthermore this essay also critically explores the prospects for the paradigm. The potential to exploit and impact a crowd of innovators will be assessed likewise to an evaluation of the opportunity for the use outside ‘for-profit’ organisations. To conclude, this essay recommends an outline and plan for research into the role of crowdsourcing and its contribution. It is recognised that the key to success is inevitably put down to creating; such an attitude has made way for an era for open innovation. Open innovation allows businesses an open platform around their innovations which in effect has allowed many businesses to adopt and adapt to a new and fresh approach to which their businesses plan and develop their technology from a...
Words: 2021 - Pages: 9
...Chapter 2: QUALITATIVE DATA ANALYSIS If the focus of your study is the examination of documents, than you should have access to such material which may include letters, memos, notes, diaries, photographs, audiotapes, videotapes, films, articles, books, manuscripts, e-mails, online discussions and so forth. In general documents are any preserved recording of a person’s thoughts, actions or creations (Potter, 1996). The examination of documents is especially important to historians who investigate patterns and trends from the past. Documents may be examined to investigate patterns and trends of the past as is commonly done by historians. If no humans remain alive to provide primary evidence, then documents are the in only source of data (Potter, 1996). Documents are also examined by researchers who are investigating subjects who are available. The examination of documents may also provide confirmatory evidence of the information obtained from interviews and observations. For example, Bodroghkozy (1985) examined 42 letters written to her from viewers on their reaction to the TV series “Dallas”. Imagine that you want to find out what goes on in the teachers’ lounge or staff room. You could interview those involved, or maybe even send out a questionnaire. Using the interview or the questionnaire, you would be getting what people thought about what was going on. Sometimes, the best way to gain a ‘rich picture’ of a setting such as the staff room, the school canteen...
Words: 6645 - Pages: 27
...Charles Spearman - General Intelligence: British psychologist Charles Spearman (1863-1945) described a concept he referred to as general intelligence, or the g factor. After using a technique known as factor analysis to to examine a number of mental aptitude tests, Spearman concluded that scores on these tests were remarkably similar. People who performed well on one cognitive test tended to perform well on other tests, while those who scored badly on one test tended to score badly on others. He concluded that intelligence is general cognitive ability that could be measured and numerically expressed. Louis L. Thurstone - Primary Mental Abilities: Psychologist Louis L. Thurstone (1887-1955) offered a differing theory of intelligence. Instead of viewing intelligence as a single, general ability, Thurstone's theory focused on seven different "primary mental abilities." The abilities that he described were: * Verbal comprehension * Reasoning * Perceptual speed * Numerical ability * Word fluency * Associative memory * Spatial visualization Howard Gardner - Multiple Intelligences: One of the more recent ideas to emerge is Howard Gardner's theory of multiple intelligences. Instead of focusing on the analysis of test scores, Gardner proposed that numerical expressions of human intelligence are not a full and accurate depiction of people's abilities. His theory describes eight distinct intelligences that are based on skills and abilities that are valued...
Words: 3245 - Pages: 13
...INTRODUCTION This essay is a critique based on a pilot study carried out on ‘patient stories of living with a pressure ulcer’ and I will be using Caldwell, K. et al. (2005) as a structured research framework to carryout the evaluation on this study. First and foremost a definition of what research, (nursing research in particular) and research critique entails will give a greater understanding of what this essay aims at addressing. On one hand, Polit and Beck (2006, p4), defined research as a systematic inquiry that uses disciplined methods to answer questions or solve problems, while on the other hand they define nursing research as a systematic inquiry designed to develop knowledge about issues of importance to nurses, including nursing practice, nursing education and nursing administration. The importance of having research carried out in the nursing field can only be emphasised as it is the key element in generating and guaranteeing evidence to guide nursing practice and improvements to care and quality of life of both clients and service users as claimed by Polit and Beck (2006, p4). However once the research is undertaken and published, great emphasis is placed in finding out or identifying the strengths and weaknesses through critique. Polgar and Thomas (2000), point out that critiquing research entails identifying the strengths and weaknesses of research publications to ensure that patients/clients receive assessments and treatment based on the best available evidence...
Words: 2162 - Pages: 9
...Critiquing This essay is a critical analysis of a qualitative research article, "I thought it will keep them all quiet", women's experiences of breastfeeding as illusions of compliance: an interpretive phenomenological study, conducted by Spencer et al (2014). The criteria that will be met in this essay are application and appreciation of principle of research to nursing and health care and the difficulties involved in data collection, analysis and how this can affect research outcome, demonstrating the capabilities required to review a published article. The above will be achieved with the help of step by step (Ryan et al, 2007) which will cover the writing style, Authors, Report title, Abstract, statement of the phenomena of interest, purpose of study, literature review, theoretical framework, Method, Sample, Ethical considerations, data collection/analysis, Rigour, findings/discussion, conclusions/implication and recommendation and References. The authors in this article used research question "How is breastfeeding manifest in the experience of women?" participants on this research are mothers aged from 16 years old and above who have had given birth to a healthy term babies and have initiated breastfeeding at the birth of their youngest baby and breastfed for at least eleven days. 22 women took part in this research. They agreed to be interviewed after being given information about the study by their Health visitor. Data for this study was collected from...
Words: 1544 - Pages: 7
...for the organization to find and attract all the different kind of job applicant for the various roles within the organization. To resolve this issue organization use different methods of strategies, often implemented by Human Resources Management. The purpose of this essay to outline the range of technologies used by firm to attract staff and analyse which particular methods would be most appropriate to attract different type of applicant to Mercado Supermarkets (include different types of position required within Mercado). The use of internet brought the phenomenal change in individual’s life style. It affected most of the organization in different ways. And at the same time it has force Human Resources Management Strategies to change its policies and procedure to deal with numerous issues of business. Now most of the businesses using different types of technologies to capture as much market as possible; depends on the size of the business as well. The biggest tool in technologies in current time is internet; through internet they can use social media, corporate web sites, online site etc. Therefore, E-recruitment is the most effective method to attract all different kind of applicants. The first part of the essay, will discuss about different types of technologies available in marketplace for the firms to use for attracting...
Words: 2729 - Pages: 11
...University of London Common Law Reasoning and Institutions Essay Title: ‘The approach of the Law Lords to statutory interpretation has been radically changed by the Human Rights Act. Judges now see themselves as legislating human rights through their interpretation of Acts of Parliament.’ Student Number: 111244061 Candidate Number: 56307 In the English legal system, Statutory interpretation is seen as the way by which judges give meaning to the statutes by the parliament. Even though Judges have a wider choice of options in interpreting statues, the situation is now different after UK’s membership of the European Union (EU) through the European Communities Act (ECA) 1972 and after the incorporation of the European Convention on Human Rights (ECHR) by the Human Rights Act (HRA) 1998. Judges are now bound to interpret the statues in such a way that is compatible with the provisions of EU law according to Sec 2(4) of ECA 1972 and also should give effect to the spirit of the conventions as required in Sec 3 of HRA 1998. Convention jurisprudence now has an significant and straight role to play in statutory interpretation due to section 3 of HRA 1998. The Convention confers a huge number of fundamental rights, including the right to life, the right to liberty and security, and so on. The United Kingdom became a participant to the Convention many years ago but Parliament did not cope with domestic law until 1998, when the Human Rights Act was passed. So the Convention...
Words: 2185 - Pages: 9
