Monday, April 13, 2020
Name ____________________________________________ Essays (603 words)
Name: _______________________________________________________ Date:_________________________________ . At the opening of the play, what are the plebeians celebrating? Octavius' victory over Brutus Caesar becoming King Caesar's marriage to Calpurnia Caesar's victory over Pompey The plebeians are: elected officials in the Roman senate relatives of Caesar the ruling class of Rome members of the lower classes "Beware the ides of March" is stated by whom? Cassius Calpurnia Brutus A soothsayer Who leads the conspiracy against Caesar? Brutus Antony Cinna Cassius Who states the following: " Accoutred as I was, I plunged in / And bade him follow; so indeed he did." Portia Brutus Antony Cassius Portia is the wife of whom? Cinna Caesar Flavius Brutus To convince Brutus to join him, what does the lead conspirator plant in his house? an eagle Senate documents outlining Caesar's betrayal a bloody knife an anonymous letter decrying Caesar's rule How many times does Caesar refuse the crown? twice once never three Who offers Caesar the crown? Cicero Casca Brutus Antony What happens to Caesar after refusing the crown? Calpurnia dies he becomes King the crowd runs him off he falls in the market place Who states the following: "Friends, Romans, countrymen, lend me your ears." Caesar Brutus Cicero Antony When is the ides of March? March 31 March 14 March 1 March 15 Who states the following: "Tell me, good Brutus, can you see your face?" Caesar Portia Decius Cassius What almost keeps Caesar from attending Senate on the day of his death? Antony's warning Calpurnia's illness Decius' warning Calpurnia's bad dream What does Portia do to prove her strength to Brutus? Tells him she loves him Shows him the best way to deceive Caesar She does nothing She cuts herself The crowd is outraged and start an angry mob after Antony's speech. True False According to Brutus' speech, Caesar had to die because he was ambitious. True False Antony is given permission to speak at Caesar's funeral by the conspirators. True False Calpurnia wants Caesar to stay home because she had a bad dream. True False Et tu , Brute means "And you to, Brutus." True False Cassius tells all of the conspirators to bathe their hands in Caesar's blood. True False Cassius tells Antony he must not say anything bad about the conspirators. True False Brutus does not think Antony should speak at Caesar's funeral. True False Caesar reads Artemidorus's letter first. True False Portia is worried about Brutus because he talks with her daily. True False Brutus says there is no need to kill Antony because it would be like being a butcher. True False Brutus disagrees with taking an oath because he doesn't think it is right for honorable men to take an oath. True False Brutus thinks Caesar will abuse his power if he is crowned king. True False The soothsayer states "Beware the Ides of March." True False Lupercal is a Roman festival held on February 15 th . True False Choose one Essay and write a 5 paragraph essay on the following pages (25%)
Wednesday, March 11, 2020
Free Essays on Abraham Lincoln
Fun Fact: During the Civil War, telegraph wires were strung to follow the action on the battlefield. But there was no telegraph office in the White House, so Lincoln went across the street to the War Department to get the news. Fast Fact: Abhorring war, Abraham Lincoln accepted it as the only means to save the Union. Biography: Abraham Lincoln warned the South in his Inaugural Address: "In your hands, my dissatisfied fellow countrymen, and not in mine, is the momentous issue of civil war. The government will not assail you.... You have no oath registered in Heaven to destroy the government, while I shall have the most solemn one to preserve, protect and defend it." Lincoln thought secession illegal, and was willing to use force to defend Federal law and the Union. When Confederate batteries fired on Fort Sumter and forced its surrender, he called on the states for 75,000 volunteers. Four more slave states joined the Confederacy but four remained within the Union. The Civil War had begun. The son of a Kentucky frontiersman, Lincoln had to struggle for a living and for learning. Five months before receiving his party's nomination for President, he sketched his life: "I was born Feb. 12, 1809, in Hardin County, Kentucky. My parents were both born in Virginia, of undistinguished familiessecond families, perhaps I should say. My mother, who died in my tenth year, was of a family of the name of Hanks.... My father ... removed from Kentucky to ... Indiana, in my eighth year.... It was a wild region, with many bears and other wild animals still in the woods. There I grew up.... Of course when I came of age I did not know much. Still somehow, I could read, write, and cipher ... but that was all." Lincoln made extraordinary efforts to attain knowledge while working on a farm, splitting rails for fences, and keeping store at New Salem, Illinois. He was a captain in the Black Hawk War, spent eight years in the Illinois leg... Free Essays on Abraham Lincoln Free Essays on Abraham Lincoln Abraham Lincoln, from the backwoods of Hodgenville Kentucky, rose to become one of the greatest presidents of the United States. During his attempt to keep the Union in the Civil War, he gained more power and authority than any president before him. A excellent politician, Lincoln was always looked upon for leadership for he put reason and thoughtful decisions behind his word. Abraham Lincoln, born to Thomas Lincoln and Nancy Hawks on February 12, 1809, was conceived in a log cabin built by his father. Abe had one older sister, and a younger brother that died as an infant. The Lincoln family moved a lot, from Kentucky to Indiana, and back to Kentucky. Abe read a book titled Mason Locke Weems's Life and Memorable Actions of George Washington, this book mad a lasting impression on him that persuaded him throughout his life. By the time he was nineteen Abe reached his full grown height of six feet four inches. He held small jobs such as a clerk, postmaster and a few others through his early twenties. Then in 1832 he ran for county candidate against 13 others. Only four were to be elected and Lincoln finished eighth. In '834 he ran for a representative to the Illinois legislature, by this time Lincoln was well known and he got the election. Abe began to study law, and in 1836 became a licensed attorney. In 1837 he made his first public stand against slavery, Lincoln avoided extreme abolitionist groups though he was greatly against slavery. On November 4, 1842 Lincoln married Mary Todd, whom he spent the rest of his life with. He became a United States Congressman, although he was an amateur, his goal was to make his mark. What might of made him fulfill this goal was the fact that he never lost confidence in himself. Years went by, and Abraham could not stand slavery any more, he was elected by the republican party to do something about it. On March 4, 1861, Lincoln was sworn in as preside... Free Essays on Abraham Lincoln LINCOLN, Abraham, twenty-sixth president of the United States and sixteenth under the US Constitution, born in Hardin county, Kentucky, 12 February, 1809; died in Washington, D. C., 15 April, 1865. His earliest ancestor in America seems to have been Samuel Lincoln, of Norwich, England, who settled in Hingham, Mass., where he died, leaving a son, Mordecai, whose son of the same name removed to Monmouth, N. J., and thence to Berks County, Pa., dying there in 1735. He was a man of some property, which at his death was divided among his sons and daughters, one of whom, John Lincoln, having disposed of his land in Pennsylvania and New Jersey, established himself in Rockingham county, Va. The records of that county show that he was possessed of a valuable estate, which was divided among five sons, one of whom, named Abraham, emigrated to Kentucky about 1780. Abraham Lincoln left his father's house as soon as the farm was fenced and cleared, hired himself to a man named Denton Offutt, in Sangamon County, assisted him to build a flat-boat, accompanied him to New Orleans on a trading voyage, and returned with him to New Salem, in Menard county, where Offutt opened a store for the sale of general merchandise. Little was accomplished in this way, and Lincoln employed his too abundant leisure in constant reading and study. He learned during this time the elements of English grammar, and made a beginning in the study of surveying and the principles of law. But the next year an Indian war began, occasioned by the return of Black Hawk with his bands of Sacs and Foxes from Iowa to Illinois. Lincoln volunteered in a company raised in Sangamon county, and was immediately elected captain. His company was organized at Richland on 21 April, 1832; but his service in command of it was brief, for it was mustered out on 27 May. Lincoln immediately re-enlisted as a private, and served for several weeks in that capacity, being finally mustered out on 16 June,... Free Essays on Abraham Lincoln Lincoln, Abraham (1809-65), 16th president of the United States (1861-65), who steered the Union to victory in the American Civil War and abolished slavery. Early Life Lincoln was born on February 12, 1809, near Hodgenville, Kentucky, the son of Nancy Hanks and Thomas Lincoln, pioneer farmers. At the age of two he was taken by his parents to nearby Knob Creek and at eight to Spencer County, Indiana. The following year his mother died. In 1819 his father married Sarah Bush Johnston, a kindly widow, who soon gained the boy's affection. Lincoln grew up a tall, gangling youth, who could hold his own in physical contests and also showed great intellectual promise, although he had little formal education. In 1831, after moving with his family to Macon County, Illinois, he struck out on his own, taking cargo on a flatboat to New Orleans, Louisiana. He then returned to Illinois and settled in New Salem, a short-lived community on the Sangamon River, where he split rails and clerked in a store. He gained the respect of his fellow townspeople, including the so-called Clary Grove boys, who had challenged him to physical combat, and was elected captain of his company in the Black Hawk War (1832). Returning from the war, he began an unsuccessful venture in shopkeeping that ended when his partner died. In 1833 he was appointed postmaster but had to supplement his income with surveying and various other jobs. At the same time he began to study law. That he gradually paid off his and his deceased partner's debts firmly establish ed his reputation for honesty. The story of his romance with Ann Rutledge, a local young woman whom he knew briefly before her untimely death, is unsubstantiated. Illinois Politician and Lawyer Defeated in 1832 in a race for the state legislature, Lincoln was elected on the Whig ticket two years later and served in the lower house from 1834 to 1841. He quickly emerged as one of the leaders of the party and was ... Free Essays on Abraham Lincoln I was born Feb. 12, 1809, in Hardin County, Kentucky. My parents were both born in Virginia, of undistinguished familiessecond families, perhaps I should say. My mother, who died in my tenth year, was of a family of the name of Hanks.... My father ... removed from Kentucky to ... Indiana, in my eighth year.... It was a wild region, with many bears and other wild animals still in the woods. There I grew up.... Of course when I came of age I did not know much. Still somehow, I could read, write, and cipher ... but that was all." Lincoln made extraordinary efforts to attain knowledge while working on a farm, splitting rails for fences, and keeping store at New Salem, Illinois. He was a captain in the Black Hawk War, spent eight years in the Illinois legislature, and rode the circuit of courts for many years. His law partner said of him, "His ambition was a little engine that knew no rest." He married Mary Todd, and they had four boys, only one of whom lived to maturity. In 1858 Lincoln ran against Stephen A. Douglas for Senator. He lost the election, but in debating with Douglas he gained a national reputation that won him the Republican nomination for President in 1860. As President, he built the Republican Party into a strong national organization. Further, he rallied most of the northern Democrats to the Union cause. On January 1, 1863, he issued the Emancipation Proclamation that declared forever free those slaves within the Confederacy. Lincoln never let the world forget that the Civil War involved an even larger issue. This he stated most movingly in dedicating the military cemetery at Gettysburg: "that we here highly resolve that these dead shall not have died in vainthat this nation, under God, shall have a new birth of freedomand that government of the people, by the people, for the people, shall not perish from the earth." Lincoln won re-election in 1864, as Union military triumphs heralded an end to the... Free Essays on Abraham Lincoln On the stormy morning of Sunday, February 12, Nancy Hanks Lincoln, wife of Thomas, gave birth to a boy. He was born on a bed of poles covered with corn husks. The baby was named Abraham after his grandfather. In 1811 the Lincolns moved to a farm on Knob Creek which was also near Hodgenville. In 1811 or 1812, Abraham's younger brother, Thomas, died in infancy. Abraham spent a short amount of time in a log schoolhouse. He began to learn his ABC's from a teacher named Zachariah Riney. He attended school with his sister, Sarah. Late in 1816 the Lincoln family moved to southern Indiana and settled near present day Gentryville. A cabin was constructed near Little Pigeon Creek. It measured 16 X 18 feet, and it had one window. Abraham's mother, Nancy, passed away on October 5th, 1818, she died of milk sickness. In 1819, Abraham would barrow books from his neighbors to read. In 1821 Abraham attended school taught by James Swaney for about 4 months. Also in 1824 Abraham attended school taught by Azel Dorsey. In 1827 Abraham's sister, Sarah died giving birth to her son. In 1831, Lincoln decided to leave his family and go off on his own. In July he moved to New Salem, Illinois, where he boarded at Rutledge's tavern and became acquainted with the owner's daughter, Ann. New Salem was a frontier village consisting of one long street on a bluff over the Sangamon River. On August 6th, 1832 Lincoln was defeated while running for the Illinois State Legislature. Lincoln began to operate a general store in New Salem along with William F. Berry. Again, In 1834, Lincoln ran for the Illinois State Legislature, but this time he was elected. During the summer, John T. Stuart advised Lincoln to study law. On December 1 he took his seat in state government in Vandalia. In 1837 Lincoln, 28, was admitted to the Illinois Bar on March 1, and he moved to Springfield on April 15. He became a law partner of John Stuart and lived with Joshua Speed. Lincoln n... Free Essays on Abraham Lincoln Abraham Lincoln, from the backwoods of Hodgenville Kentucky, rose to become one of the greatest presidents of the United States. During his attempt to keep the Union in the Civil War, he gained more power and authority than any president before him. A excellent politician, Lincoln was always looked upon for leadership for he put reason and thoughtful decisions behind his word. Abraham Lincoln, born to Thomas Lincoln and Nancy Hawks on February 12, 1809, was conceived in a log cabin built by his father. Abe had one older sister, and a younger brother that died as an infant. The Lincoln family moved a lot, from Kentucky to Indiana, and back to Kentucky. Abe read a book titled Mason Locke Weems's Life and Memorable Actions of George Washington, this book mad a lasting impression on him that persuaded him throughout his life. By the time he was nineteen Abe reached his full grown height of six feet four inches. He held small jobs such as a clerk, postmaster and a few others through his early twenties. Then in 1832 he ran for county candidate against 13 others. Only four were to be elected and Lincoln finished eighth. In '834 he ran for a representative to the Illinois legislature, by this time Lincoln was well known and he got the election. Abe began to study law, and in 1836 became a licensed attorney. In 1837 he made his first public stand against slavery, Lincoln avoided extreme abolitionist groups though he was greatly against slavery. On November 4, 1842 Lincoln married Mary Todd, whom he spent the rest of his life with. He became a United States Congressman, although he was an amateur, his goal was to make his mark. What might of made him fulfill this goal was the fact that he never lost confidence in himself. Years went by, and Abraham could not stand slavery any more, he was elected by the republican party to do something about it. On March 4, 1861, Lincoln was sworn in as president of the United States of America at... Free Essays on Abraham Lincoln Fun Fact: During the Civil War, telegraph wires were strung to follow the action on the battlefield. But there was no telegraph office in the White House, so Lincoln went across the street to the War Department to get the news. Fast Fact: Abhorring war, Abraham Lincoln accepted it as the only means to save the Union. Biography: Abraham Lincoln warned the South in his Inaugural Address: "In your hands, my dissatisfied fellow countrymen, and not in mine, is the momentous issue of civil war. The government will not assail you.... You have no oath registered in Heaven to destroy the government, while I shall have the most solemn one to preserve, protect and defend it." Lincoln thought secession illegal, and was willing to use force to defend Federal law and the Union. When Confederate batteries fired on Fort Sumter and forced its surrender, he called on the states for 75,000 volunteers. Four more slave states joined the Confederacy but four remained within the Union. The Civil War had begun. The son of a Kentucky frontiersman, Lincoln had to struggle for a living and for learning. Five months before receiving his party's nomination for President, he sketched his life: "I was born Feb. 12, 1809, in Hardin County, Kentucky. My parents were both born in Virginia, of undistinguished familiessecond families, perhaps I should say. My mother, who died in my tenth year, was of a family of the name of Hanks.... My father ... removed from Kentucky to ... Indiana, in my eighth year.... It was a wild region, with many bears and other wild animals still in the woods. There I grew up.... Of course when I came of age I did not know much. Still somehow, I could read, write, and cipher ... but that was all." Lincoln made extraordinary efforts to attain knowledge while working on a farm, splitting rails for fences, and keeping store at New Salem, Illinois. He was a captain in the Black Hawk War, spent eight years in the Illinois leg...
Sunday, February 23, 2020
BSBWOR501B Manage personal work priorities and professional Assignment
BSBWOR501B Manage personal work priorities and professional development - Assignment Example In addition, these officers also work together with other sales employees in an effort to improve the sales of the organization. Finally, a marketing officer obtains data and makes reports about the marketing strategies of the company. According to Marshall, (2013, p. 44), marketing officers must have adequate knowledge base, skills and experience in marketing for them to succeed in the field. The minimum education qualifications required for one to succeed in marketing is a bachelorââ¬â¢s degree in marketing. In addition, one must possess skills and experience such as skills in research, ability to do analysis and interpretation of information and skills in report writing. One should also have both written and oral communication skills. The marketing officer should have experience in teamwork and possess creative and innovative minds in order to come up with competitive marketing strategies. The personal goals were set based on the organization and team goals. This enables the marketing officer to maintain teamwork cooperation and also achieve the overall organization goals. The knowledge obtained from organizationââ¬â¢s training on goal setting was used to set the objectives. In addition, policies of the organization provided direction in planning and achieving the goals in marketing. Finally, according to Mathur, (2006, p. 56), the personal experience and possession of strong power and skills in persuading people to accept things helps in achieving the goals especially increasing the sales volume. Another motivation for setting goals involves the need for personal performance management and the need to offer role modelling to others. This includes performance appraisal to determine achievement of marketing standards. The goals also help in guiding through the work of marketing to avoid wastage of time. The activities are carried out systematically, that is, allocating timeframe for each
Friday, February 7, 2020
Final exam Questions Essay Example | Topics and Well Written Essays - 1750 words
Final exam Questions - Essay Example -Training and development of human resource: The analysis is used to examine the employeesââ¬â¢ needs in training and development of processes. The variation between the actual and expected output influences the degree of training required by employees. It also enables in determination of training tools content, and equipment to be used in training and those training methods to be put to use. -Employee compensation management: job analysis plays a key role in determining payment packages, benefits, variable and fixed incentives and extra perks of employees. à These payments depend on theà responsibilities and duties, position and job titles involved in specific jobs. à Job design: The key purpose of analysis is developmentà in human recourse efforts and releasing the best output. It assists in designing, enriching, redesigning and adding or cutting back extra duties and responsibilities in a specific job. This ensures employee satisfactionà as well as increased human output In lateral career path, employees move to equivalent duties and responsibilities in an organization. This move is usually with a similar job title and salary range at a similar level. In this career path, the employeeââ¬â¢s job responsibilities change hence affording the employees new chances. The company should notify all the interested and qualified workers through internal memos. The notification should include job title, description and relevant qualifications for each. It should also notify employees the method of applications, deadline of application and the dates of interviews. All the application letters should be checked and sorted. The application letters that meet the criteria of selection should be listed and applicants notified. The applicants who did not meet the criteria for selection should be notified politely. It eliminates those candidates that fail to qualify as per the criteria set by the organization. The candidate is
Wednesday, January 29, 2020
ASIC v Adler Essay Example for Free
ASIC v Adler Essay The case of ASIC v Adler is very unique as well as complicated since it involved several breach of duties in the Corporations Act 2001. The HIH collapse was caused by very bad corporate governance. Such breach of duties are, section 9 (directorââ¬â¢s duties), section 180 (duty to act with care and diligence), section 181 (duty to act in good faith and for a proper purpose), section 182 (improper use of position), section 182(2) (business judgement rule), section 183 (duty not to improperly use information) and section 260A (financial assistance). All of these contraventions under the Corporations Act 2001 will be discussed in detail below. Section 9 ââ¬â Who Is A Director And Their Duties Under section 9, a director of a company is defined as a person who is appointed to that position such as a director or alternate director, regardless of what name it is given to that position. Section 9 also includes certain people to be directors even though they are not properly appointed. Such people can act as a director even though without proper appointment of director position. This is where they act in the position of a director (which can be also known as de facto director) or the directors are used to act in accordance with the personââ¬â¢s instructions (which also known as a ââ¬Å"shadow directorâ⬠). Directorsââ¬â¢ duties need to be existed in order to protect shareholders from the risks of directors giving harm towards the company. Shareholders basically have risks such as fraud, where the directors took control over the assets belonging to the company by using it for their personal interest, and mismanagement, whereby directors made an incompetent decision with the financial standing of the company. Furthermore, section 9 also defines the ââ¬Å"officer of a corporationâ⬠, which basically includes company executives who held senior positions in the boardà level. Such persons can be identified in certain situations where that person (the executives) makes or joins participation into making decisions in which affects the whole or substantial part of the companyââ¬â¢s business activities or, the person who has the authority to affect in a significant way towards the companyââ¬â¢s financial standings or, basically the same definition of a ââ¬Å"shadow directorâ⬠where the person are acting towards the instructions given to them to act. In the case of ASIC v Adler, the court held that Adler, the director of HIH, was also an officer of wholly-owned HIH subsidiary which can be related under the section 9 definition of directors. This applies to Adler even though he was not properly appointed as a director or an officer of the subsidiary. Since he has the role of director, the subsidiary holding company and also a member of HIH investment committee, this has showed that he participated in the decision making of the companyââ¬â¢s business in which affected it the whole or substantial part of the business. As Santow J gave his judgement on this case, he gave a good summary of principles applicable to directorsââ¬â¢ duties. Some of it are; a director must continuously kept informed of the activities of the company, they must be familiar with the fundamentals of the business whereby the company is doing. Section 180 ââ¬â Duty To Act With Care And Diligence In the section 180(1), it provides that a director or other officer of a company need to exercise their powers and discharge their duties with a standard of care and diligence in which a reasonable person will do if they were the director or officer of a company due to companyââ¬â¢s circumstances (section 180(1)(a)) and occupied the office and had the same responsibilities in the company as the director or officer (section 180(1)(b)). Executive directors are full time employees of the company who involved in the day-to-day management of the company. They have special responsibilities with their position and have a high knowledge of daily operations of the company. Non-executive directors, on the other hand, do part-time and have regular involvements in the company. In the case of ASIC v Adler, Williams who was the managing director for HIH and HIHC as well, contravened section 180(1) as he failed to ensure there were proper safeguard before HIHC gave the loan to PEE. Fodera, who was the finance director of HIH, contravened section 180 as he failed to discuss a proposal to give $10 million loan to PEE to the HIH board or its investment committee. As the executive directors of the company, both Fodera and Williams failed to carry out their role properly without informing the HIH board of their intention. Section 180 (2) ââ¬â The Business Judgement Rule In the section of 180(2), the section provides that a director or any other officer who makes a business judgement rule, will not be held liable in respect of the judgement under the statutory, common law or equitable duties of care and diligence, in which all of the elements can be shown. Such elements are, the judgement was properly made in good faith and for proper purpose, there was not material personal interest in the subject as of the matter of the judgement, the directors and the officers informed themselves about the subject matter of the judgement to the extent they appropriately believed to be reasonable and also the judgement was believed to be in rational in the best interest of the whole company. All of these would be reasonably justified unless any other person in such position thinks that it is completely unreasonable. The business judgement rule basically gives the directors with a ââ¬Å"safe protectionâ⬠from a personal liability in the relation of the business judgements that they take are valid which is in a good faith and in the best interest of the company. This is because some of their business decisions may turn out to be profit-making or a total loss in honest and rational way. Some of the main reasons for the business judgement rule defences are risk taking and activities in entrepreneurial activities will be encouraged since directors are aware of the specific legislation that if they act honestly,à they will not be punished or personally liable as a result of adverse judicial review. Another rule defence is that better business judgement will be made as a result of removing of some uncertainty of liability under the statutory duty of care and finally, the shareholders interest are better provided by engaging risk taking activities. To make directors be liable for such small erro rs of decision will promote risk-adverse decision-making with contrast effect on the economy. If the directors or other officers are able to satisfy the above requirements, they will have ââ¬Å"safe protectionâ⬠which makes them to be protected from liability for any breach of their duties of care and diligence. This means that their business judgement in such situations will be reviewed by court. Under section 180(3), the business judgement is defined that any decisions to take or not to take action with respect to matter that is relevant to business activities of the company. This only refers to business decisions that has made relevant to the business activities. It does not include any decisions made in the position of directors powers such as the power to issue shares or pay dividends. By referring to the case ASIC v Adler, the court held that all three Adler, Williams and Fodera breached their statutory duty of care as stated in section 180(1). They also, however could not rely on the business judgement rule as their defence. Firstly for Adler, the business judgement rule did not applicable for him since he cannot satisfy the section 180(2)(b) since he had a conflict of interest in the relation of his decision to invest the $10 million payment from HIHC in PEE. Secondly for Williams, the business judgement rule did not apply to him because of his failed to ensure the correct safeguards were enforced was not business judgement for the purpose in section 180(3). However, even this was a business judgement, since he was a major shareholder of HIH, he basically has material personal interest as in the section 180(2)(b). Other than that, Williams also failed to present any evidence that his judgement was done in good faith for the proper purpose as stated in section 18 0(2)(a). Finally, Fodera cannot rely on his business judgement rule as he failed to refer the transaction of PEE to the HIH board or its investment committee. This was not a business judgement asà stated in section 180(3). Section 181 ââ¬â Statutory Duty To Act In Good Faith And For A Proper Purpose Under section 181(1), it says that a director or other officer of a corporation to exercise their powers and discharge their duties in bona fide (good faith) for the best interest of the company and also for a proper purpose. The section 181(1) can be contravened if the director thinks that they are actually doing their duties for the best interest of the company in which any other director, in that situation, thinks that is clearly unacceptable approach to do it. This may be happen when a director have a conflict of interest personally with the interest of the company they are handling. In the case of ASIC v Adler, it can clearly be seen that Adler, had contravened the section 181(1) to act in good faith by properly excising his powers and discharging his duties for the best interest of the company. This is because, the transactions that occurred in the HIH, HIHC and PEE had been improperly used, for the sake of his personal interest. Section 182 ââ¬â Improper Use Of Position Under section 182, the section states that it restricts officers or the employees of a company from improperly using their power to gain advantage for themselves or for any other persons to the company. In the case of ASIC v Adler, the court held that Adler had contravened the section 182 due to the arrangement of $10 million loan from HIHC to PEE which was then to be used to acquire HIH shares on the stock market. This transaction was merely done for the purpose of supporting the HIH shares to increase the price and thereby selling the HIH shares owned by Adler Corporation before PEE could sell off their HIH shares. Because of this transaction, PEE had incurred a total loss of investment by reselling on the HIH shares. In regard of this transaction, Adler was held that he had improperly used his position as a director of HIH, officer of HIHC and director of PEE to gain advantage for the Adler Corporation. The court also held that Williams, also had breached his duties as a director for both HIH and HIHC under section 182, to help gaining advantage for Adler Corporation. This is because Williams, used his position improperly by authorising the $10 million load payment without proper approval from the HIHââ¬â¢s investment committee, which he was required to disclose under the HIHââ¬â¢s investment guidelines. Other than that, the court also held that Adler improperly used his position as a director in the PEE transactions of acquiring a number of unlisted capitals at the cost price from Adler Corporation without obtaining independent valuations of these ventures. With these transactions successful, Adler and Adler Corporation was able to exclude himself from these commercially unviable business operations. Adler basically knew that each of those businesses were having major cash flow problems and each had a significant risk that they would ultimately collapse. Adler, however, failed to disclose his personal interest to the HIH board other than Williams and Fodera. Section 183 ââ¬â Improper Use of Information As stated in section 183, a person who gets information because they are or are not director, officer or employee of a company, must not misuse the information just to gain advantage for themselves or to any other person whereby causing failure in the company. Section 183 also applies towards resigned or retired directors, officers and employees as well. Informations such as insider information can be taken as an advantage by any person in order to gain benefit by using it to themselves or by giving to other person. In the case of ASIC v Vizard, the court held that Vizard involved in the contravention of section 183, whereby he gained the insider information as he was the non-executive director of Telstra. He misused the information in order to gain advantage for CTI, Brigham and himself as well whereby based on the information that he receives (Telstra boardââ¬â¢s decision to acquireà other company and selling their interest on another company), he would act accordingly to buy or sell off his shares ahead of Telstra. S260A ââ¬â Financial Assistance In section 260A, the section states that it forbids a company financially assisting a person to obtain or acquire shares in the same company of its holding company. However, if some of the conditions are met then the company may proceed to do such transaction. Some of the conditions are, giving the financial assistance will not materially prejudice the interest of the company, its shareholders or the companyââ¬â¢s ability to pay its creditors (under section 260A(1)(a)), the financial assistance is validated by the shareholders (under section 260B) or the financial assistance is relieved or exempted (under section 260C). Financial assistance is can be basically referred to where a company is lending money to a person to buy the company shares. This means that the company gives a certain amount of money to a person so that the person buys some of the companyââ¬â¢s shares. Another example is where a company gives a surety or guaranteed a personââ¬â¢s loan in which the sum of the loan will be proceeded to buy shares in the company. The company is basically providing a loan to a person for the sake of buying back its own shares off the stock market. Another example is where the company is giving its own assets as a security to a personââ¬â¢s loan in which the loan money will be used to buy the shares of the company given its assets as security. The section 260A clearly states that a company is restricted from giving financial assistance to a person to buy its own shares in the stock market as it will cause material prejudice. By analysing the case of ASIC V Adler, it can be seen that Adler, who was controlling PEE, was clearly contravened the section of 260A by which giving financial assistance to PEE through HIHC, a subsdiary of HIH, which is also a company controlled by Adler. This financial assistance given to PEE, was then used to buy the HIH shares on the stock market. This transaction gives a false impression over the stock market as well as its investors that Adler was supporting the falling shareà price of its company, HIH, by buying the shares personally. However, the court found out that Adler does not have the intention to make easy profit and reselling the HIH shares. The real purpose was to increase the HIH share price in benefit of Alder Corporation Limited as substantial shareholding in HIH. The actual evidence is that when PEE went to sell off the HIH shares, it was done only after Adler Corporation decided to sell off its HIH shares in which leads to total loss for PEEââ¬â¢s investment. The Supreme Court of New South Wales held that the main intention of the transaction was that HIHC gave PEE financial assistance in order to acquire the shares in HIH which is HIHCââ¬â¢s holding company. Due to this transaction, according to Santow J, both HIHC and HIH suffered material prejudice, which therefore, contravening section 260A.
Tuesday, January 21, 2020
My Life :: essays research papers
To be given the chance to play little league was one of the greatest times of my life. I played little league for four years, and every year I made the all-star team. My best friend and I played on every regular season team and every all-star team together. The final game of our career was unforgettable. It had been 4 years of great enjoyment with my best friend, Cody Smith. We always clowned around in practice, but when the game would start we had a high intensity. Cody would pitch, and I would play second base. When he wasnââ¬â¢t pitching, I would, and he would play third base. We were the top players in little league, or so we thought. Our all-star team had made it to the championship of our state tournament. Before our team took the field our coach John Zamouski gave us a talk. He said, ââ¬Å"Well men, weââ¬â¢ve came a long way. Todayââ¬â¢s the day weââ¬â¢ve all practiced so hard for, but I want to have fun with it. Lets treat this like every other game we have won. Youââ¬â¢re all winners, win or lose. I want you all to know that I feel privileged to have coached such a fine bunch of men. So lets go out and play this game as hard as you can. What do you say, lets go have FUN.â⬠We all got up and yelled, ââ¬Å"YEA.â⬠ââ¬Å"Letââ¬â¢s play hard.â⬠ââ¬Å"Yeaâ⬠As we all got more pumped up. ââ¬Å"Who are we?â⬠ââ¬Å"N.I.â⬠As we got more loud and more intense. Coach said, ââ¬Å"Bring it in. Win on 3. One, two, threeâ⬠as we all yelled together ââ¬Å"WIN.â⬠As I ran on to that field I recalled all the practicing I had done, and I knew I owed most of it to my father. He started me throwing and hitting when I was about four-years-old. As my passion grew more and more I wanted to go practice all the time. So I would ask my father to practice with me. Even though my father was tired or in the middle of a good TV show he would practice with me. I remembered my father sitting on an old milk crate while I pitched to him. This made me chuckle a little because I would throw a low wild pitch on accident that would hit him in the legs, but he kept positive. Cody was pitching a 3 hitter and I was playing well too. The score kept going back and forth. There were a lot of errors because the field was all dirt and
Monday, January 13, 2020
Critical thinking Essay
1. How does critical thinking affect you as a reader and writer? How can thinking critically improve your writing? Critical thinking affects a person as a reader and writer in that it is essential to be able to absorb and assimilate knowledge from the environment as well as organize oneââ¬â¢s own thoughts and express oneself in a clear and comprehensive manner. It is important to consider critical thinking as being a twofold process. As a reader, one is able to utilize critical thinking as a tool to analyze information being taken in from the outside. Not all information is useful or truthful to a person, and critical thinking is a method of filtering out what is incomprehensible or untruthful and absorbing what is meaningful and valid. As a writer, critical thinking is used in relation to oneââ¬â¢s own personal creative thoughts, coming to subjective conclusions about what one believes about the world and expressing these beliefs through writing. Critical thinking is able to improve peopleââ¬â¢s writing in that the ideas one wants to express become central to the writing process, to develop the perfect way of stating what one desires to say. It is essential to utilize critical thinking in both reading and writing, so that one is able to take in and organize the information from the external environment and make personal judgments and assertions about what one believes. All situations and experiences are both objective and subjective, in that people experience events within the context of the external world. It is important to be able to digest and process information from the external world in an organized fashion, so that one is able to accurately describe and share oneââ¬â¢s experiences with others. 2. Read the following Discussion Question response written by Owen, a fictional student. Identify areas of vagueness and ambiguity and discuss how you might clarify the e-mail message using the writing principles addressed in the text. In the response written by Owen, the writing style is such that the reader is not able to clearly understand what is being said. There are instances of vagueness and ambiguity in the writing, and Owen is left appearing as if he does not truly understand what he is supposed to be writing about. For instance, Owen states that critical thinking affects him in ââ¬Å"all waysâ⬠. Although this may be true, there is not enough information describing in which ways he is affected. It is important to include enough detail in writing, so that the reader is able to fully comprehend what is being claimed. Owen goes on to say that clear writing is the ââ¬Å"hardest thing in the worldâ⬠. Although Owen may be having difficulty with his own writing, clear writing is not the hardest thing in the world for all people. Instead of generalizing and making blanket statements, Owen should be plain and honest in saying that clear writing is difficult for him personally. Further on, Owen claims that critical writing is like business writing in that they both need a certain amount of structure, yet then claims that ââ¬Å"structure is harderâ⬠. These ideas are simply uncorrelated and do not logically proceed from one another. One cannot compare two styles of writing as being similar and then immediately state that they are dissimilar, at least not without a clear explanation and transition. Overall, Owen could improve his own writing style by paying attention to explaining himself in detail, by taking the necessary time to organize his own thoughts before writing them down. It is vital to express oneself in a clear and comprehensive manner, so that other people are able to easily understand what is being conveyed.
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