Thursday, December 26, 2019

Managing Your Own Office For A Smaller Pool Of Resources

Small businesses don’t generally have hoards of cash lying around. It can be even harder to manage your finances, if you are building the business up without the use of outside funding. The process of bootstrapping your business, doing business with a smaller pool of resources, can be challenging, but it isn’t impossible. The following six tips can help your small business bootstrap effectively, without compromising growth. 1. Begin prioritising The most important skill to learn is the ability to prioritise and focus your efforts. When money is stretched thin, you can’t afford to have ‘everything you want’ – sometimes you can’t even have ‘everything you need’! With each task or spending action, ask yourself what effect will it have on business growth? Does owning your own office boost your small business’ ability to generate growth? Perhaps it would be better to run the business from your home and instead spend the money on increasing stock. A small business shouldn’t do business with an ‘all or nothing’ mentality. You need to be able to prioritise spending and understand what truly generates growth. 2. Add passion to your public relations Bootstrap your small business by getting rid of a PR person. Your business shouldn’t spend money on PR at this stage (a way to prioritise!). Instead, opt for passionate PR by the best person to sell your business to the media: yourself. You’re the founder of the business, you’ve poured your heart and soul into it, and you areShow MoreRelatedA Theoretical or Practical Perspective Which Sees Technology as Having Independent Effects Upon People and Organisations Is Misguided.2960 Words   |  12 Pages | | | |Your Name | |[Pick the date] Read MoreRecruitment Strategies For Hiring New Associates3520 Words   |  15 Pagesmedia and Kiosks are seen by different people in a different locations. Tanglewood also uses referrals form for full filling their recruitment. 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Tuesday, December 17, 2019

Assignment 2 Database Management Systems - 1167 Words

Assignment-2 Database Management Systems General Database Concepts 1. Describe the types of facility you would expect to be provided in a multi-user DBMS. Data Storage, Retrieval and Update. A User-Accessible Catalog. Transaction Support. Concurrency Control Services. Recovery Services. Authorization Services. Support for Data Communication. Integrity Services. Services to Promote Data Independence. Utility Services. 2. Discuss the differences between DDL and DML? What operations would you typically expect to be available in each language? Data Definition Language (DDL) statements are used to define the database design or schema while Data Manipulation Language (DML) statements are used to manage data with Schema objects. In DDL, we have operations like CREATE: To create objects in database. ALTER: Alter the structure of the database. DROP: Delete objects from database. TRUNCATE: Removing all records from the table. COMMENT: Add comments to the data dictionary. RENAME: rename the object. In DML, we have operations like SELECT: Retrieve data from the database. INSERT: Insert data into the table. UPDATE: Updates existing table. DELETE: Deletes all the records from the table, the space for the record remain. MERGE: UPSERT operation (insert or update) CALL: Call a PL/SQL or java program. 3. Name four object-based data models. Object and Object identifier Attributes and methods Class ClassShow MoreRelatedAssignment: File System and Master File1570 Words   |  7 PagesBusiness System Amity Campus Uttar Pradesh India 201303 ASSIGNMENTS PROGRAM: BSc IT SEMESTER-II Subject Name Study COUNTRY Roll Number (Reg.No.) Student Name : : : : INSTRUCTIONS a) Students are required to submit all three assignment sets. ASSIGNMENT Assignment A Assignment B Assignment C DETAILS Five Subjective Questions Three Subjective Questions + Case Study Objective or one line Questions MARKS 10 10 10 b) Total weightage given to these assignments is 30%. 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Monday, December 9, 2019

Tort of Negligence Legal Service

Question: Discuss bout the Tort of Negligence Legal Service. Answer: Introduction Two friends, Rebecca and Michelle, visited a bar and had wine. While returning home, the car was being driven by Michelle who was in a drunken state. She drove quite dangerously, and though Rebecca gave several warnings, the car was crashed, and Rebecca thus sustained several injuries. She thus wanted to sue Michelle for negligence and in this assignment, this aspect shall be discussed. Issues The issues that arise in the given matter can be enumerated as under: Whether the given situation satisfies all the requirements under the tort of negligence and as such whether Michelle is liable in the matter? Whether Rebecca is liable for contributory negligence in the given scenario? Rules As defined in the case of Gnych v Polish Club Limited, [2015], a tort of negligence is a failure on the part of the defendant to exercise a duty of care that he was supposed to take. Any other reasonable and prudent person would have taken in similar circumstances that ultimately results in some losses to the plaintiff. This failure of duty of care in most cases is the causal factor for the damage that has been incurred by the plaintiff. Hence, according to the above definition, it can be said that there are four elements that should be satisfied to substantiate a claim of negligence (Claimsjournal.com, 2016). The defendant should have a duty of care towards the plaintiff; the defendant should breach this duty of care; the breach of the duty of care should result in some damage to the plaintiff and the damage that is caused should be a reasonably foreseeable one and not some remote cause (Oberdiek, 2013). Then, there are certain defenses that can be taken by a defendant when an accusation for being negligent is brought against him (Bolton v Stone, [1951]). The Civil Liability Act also ratifies these defenses. In case, contributory negligence is proved in any instance, the liability of the defendant comes down substantially. This has been specifically provided in Section 23 of the Act (Fletcher, 2008). To prove contributory negligence in any matter, intoxication is one of the valid grounds. Under Section 5 of the Civil Liability Act, intoxication has been laid down as a ground for establishing contributory negligence (Salmond, 2011). In such instances, the damages that are claimed can also be diminished by 100%. However, the adjudication is done by the Courts, and the decision is taken on the merits and facts of the case (Charlesworth and Percy, 2012). Two stages are involved in this process. The first shows the negligence done by the plaintiff and the second assigns a percentile issue on the same (Marcolongo v Chen, [2011]). Section 16 and 17 of the Civil Liability Act also need to be mentioned here. These deal with obvious risks and voluntary assumptions of risks. A person can say that he had not contributed in the negligence if he can without any doubts prove before the court that he was unaware of the risk present in the matter (Hobartlegal.org.au, 2016). Secondly, in case a person understands that there is some amount of risk associated with any incident, then he should look at it from the view of a reasonably prudent person. The mere presence of the knowledge of the risk is enough ground to substantiate that the plaintiff himself, who is responsible for the damage, and the defendant does not hold any liability in the matter (Cooke, 2007). Application These rules shall now be applied to the given factual background. Both Michelle and Rebecca were drunk in the situation. The wine was consumed by the in their wish. Since both of them were intoxicated, it can be said that driving on the part of either of them would have qualified to be a negligent act. In spite of knowing their intoxicated conditions, they chose to drive back home and thus, on the very first instance, negligence is proved beyond doubts in the matter. After that, it was realized by Rebecca that the condition of Michelle was not proper to let her drive and even then she allowed her to remain seated on the driver's seat. She also realized that she was driving dangerously and thus it can be said beyond any doubts that Rebecca was well aware of the drunken state of Michelle. Hence, it can be said that it would have been justified if Rebecca would not have accepted the offer of Michelle to drive her back home. However, Rebecca decided to choose on otherwise grounds and thu s contribution of Rebecca towards negligence is established without any reasonable doubts. This does not, however, absolve Michelle from any liability. She had a duty of care towards Rebecca and that she indeed breached the duty of care. A reasonably prudent person would not have made this breach in that place. The damages faced by Rebecca are attributable to the negligence of Michelle, and there is no remoteness to the damage in the matter. However, at the same time, it is also argued that Rebecca had the liability of contributory negligence. The risk that is the cause of the damage was pretty much foreseeable and obvious, and the voluntary acceptance of that risk by Rebecca proves her contribution to the negligence. Any other prudent person would have technically avoided that risk. The car after that met with the accident, and this resulted in injuries sustained by Rebecca and also gave her a broken leg. Thus, in these conditions, even if Rebecca accuses Michelle of negligence, the same cannot be awarded because of her liability in contributory negligence. Conclusion Thus, it can be concluded saying that: Michelle is, in fact, liable for negligence, and a suit can be maintained against her; Though Michelle has a liability, Rebecca cannot succeed in the claim because of her contributory negligence in the matter. References Bolton v Stone[1951] AC p.850. Charlesworth, J. and Percy, R. (2012).Charlesworth Percy on negligence. 9th ed. London: Sweet Maxwell. Claimsjournal.com. (2016). [online] Available at: https://www.claimsjournal.com/news/national/2014/01/02/242115.htm [Accessed 5 Sep. 2016]. Cooke, P. (2007).Law of tort. Harlow: Longman. Fletcher, G. (2008).Tort liability for human rights abuses. Oxford: Hart Pub. Gnych v Polish Club Limited[2015] HCA p.23. Hobartlegal.org.au. (2016).Defences to the Tort of Negligence | Hobart Community Legal Service. [online] Available at: https://www.hobartlegal.org.au/tasmanian-law-handbook/accidents-and-insurance/negligence/defences-tort-negligence [Accessed 5 Sep. 2016]. Marcolongo v Chen[2011] HCA p.3. Oberdiek, J. (2013).Philosophical foundations of the law of torts. Salmond, J. (2011).The law of torts. London: Sweet Maxwell.

Monday, December 2, 2019

Legal Reasoning an Example of the Topic Government and Law Essays by

Legal Reasoning by Expert Prof Akunga | 07 Dec 2016 The Fourth Amendment states that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause. Therefore, according to the Supreme Court, a warrantless search does not violate the Fourth Amendment if the probable cause is supported by Oath or affirmation, and if the probable cause particularly describes both the place to be searched, and the persons or things to be seized. (Searching, 2002 p. 7). Need essay sample on "Legal Reasoning" topic? We will write a custom essay sample specifically for you Proceed In Washington v. Chrisman, an officer of the Washington State University Police Department observed a student leave his dorm carrying a bottle of gin; because the student appeared to be under 21, the officer stopped him and asked for ID. The student requested to retrieve his ID from his dorm room. The officer stood in the doorway while waiting for the student to get his ID and noticed what he believed to be marijuana seeds and a pipe lying on the desk whereupon he entered the room, read the student his Miranda rights and further searched the room, yielding more marijuana and other controlled substances. The Washington Supreme Court reversed the decision of the Washington Court of appeals stating that the officer had no right to enter the room and seize contraband without a warrant. (Find Law 2005 p. 2) New Jersey v. T.L.O., in summary, relates a 1980 case in which a teacher at a high school in New Jersey found two girls smoking in the restroom. Because this violated school policy, the teacher escorted the girls to the principals office, where one readily confessed, but the other, T.L.O., denied the allegations. T.L.O. was then instructed to turn over her purse immediately to the principal; she did and he examined the contents, finding cigarettes, cigarette rolling paper, marijuana, a pipe, empty plastic bags, a significant amount of money in one-dollar bills, a list of students who owed T.L.O money, and letters implicating T.L.O. in dealing marijuana. (2005, p. 4). The juvenile court rejected T.L.Os contention of Fourth Amendment violation, determining the principals search was reasonable. T.L.O. was sentenced to one years probation, but appealed her conviction to the appellate court, which also found no violation, whereupon she appealed to the Supreme Court of New Jersey. The Supreme Court of New Jersey reversed the appellate courts ruling, ordering the evidence found in T.L.Os purse suppressed. The Supreme Court further found that mere possession of cigarettes was not, in fact, a violation of school rules, therefore the principals desire for evidence of smoking did not justify the search of the purse. The case was then sent to the Supreme Court of the United States who reversed the New Jersey Supreme Courts ruling, holding that searches by school officials are constitutional without a warrant as long as they are reasonable. Justice Blackmun wrote a concurring opinion, adding however that the Court omitted a crucial step in that while they correctly stated that we have recognized limited exceptions to the probable-cause requirement where a careful balancing of governmental and private interests suggests that the public interest is best served, the implication that the balancing test is the rule rather than the exception was troubling to him. He further stated that the government has an obligation to safeguard students, and if there is a need for an immediate response to threatening behavior, then the Court would be justified in excepting school searches from the warrant and probable-cause requirement. (2005, p. 15). In the Board of Education v. Earls, the Tecumseh, Oklahoma School District adopted the Student Activities Drug Testing Policy, requiring all middle and high school students to consent to drug testing in order to participate in any extracurricular activity. Both Respondents, Lindsay Earls and Daniel James, along with their parents, brought action against the School District, alleging that the Policy violated Fourth Amendment rights, and stating that the Drug Testing Policy neither addresses a proven problem nor promises to bring any benefit to students or the school. Justice Thomas, in delivering the opinion of the court stated that while schoolchildren do not shed their constitutional rights when they enter the schoolhouse, Fourth Amendment rights are different in public schools than elsewhere; the reasonableness inquiry cannot disregard the schools custodialresponsibility for children. (Board, 2002 p. 2). Justice Thomas further stated that testing students who participate in extracurricular activities is a reasonably effective means of addressing the School Districts legitimate concerns in preventing, deterring, and detecting drug use. (Board, 2002 p. 3). Justice Ginsberg, Stevens, OConnor and Souter offered dissenting opinions, stating that the particular testing program upheld today is not reasonable, it is capricious, even perverse. (Board, 2002 p. 4). It seems that the Supreme Court allows less latitude in violations of the Fourth Amendment in Colleges or adult cases than they do in the instances of middle school or high school cases. The rationale is that we must protect our children; they are obviously not considered adults until they reach the age of eighteen, therefore although certain searches or drug testing policies may stretch the boundaries of the Fourth Amendment, the greater good is that we are protecting our school-age children in the process, therefore it becomes acceptable. In the case of the college student, even though the seized contraband was in plain sight of the officer, even though the students consented to the search of their dorm room and freely confessed, the Supreme Court held that it was not reasonable for the officer to enter the room in the first place. Had the same issue involved children under the age of eighteen, it is likely the Supreme Court would have held that it was in fact reasonable in the interest of safeguarding other students, or the immediate response to threatening behavior. Because of our responsibility to protect our children, their rights of privacy are not so clear-cut and the issue becomes fuzzy and not nearly so straightforward as the Fourth Amendment states. The Tecumseh school policy of drug testing was considered reasonable, on one front because extracurricular activities are obviously not mandatory; therefore a student could avoid random drug testing and the ostensible violation of his Fourth Amendment Rights simply by choosing not to participate. A drug testing policy that involved all students who walked onto the school campus would likely be much harder to uphold, and much harder to prove the special needs rationale. References 2005 Street Law, Inc. (2005) New Jersey v. T.L.O. (1985). Retrieved June 9, 2006 from: The Supreme Court Historical Society at: www.landmarkcases.org Board of Education v Earls. (June 27, 2002). Board of Education of Independent School District No. 92 of Pottawatomie County, et al., Petitioners v. Lindsay Earls et al. Retrieved June 8, 2006 from: http://www.law.umke.edu/faculty/projects/ftrials/conlaw/earls.html Find Law for Legal Professionals. (1982). Washington v. Chrisman, 455 U.S. 1 (1982) Retrieved June 9, 2006 from: http://www.caselaw.lp.findlaw.com/scripts/getcase.pl Searching and Seizing. (July 2002). Computer Crime and Intellectual Property Section Criminal pision United States Department of Justice. Retrieved June 8, 2006 from: http://www.cybercrime.gov/s&smanual2002.htm