Tuesday, May 19, 2020

Review Of Dr. Mcdreamy Stealing The Spotlight On Public...

From Greys Anatomy’s, Dr.McDreamy stealing the spotlight in every surgery to Meet the Parents, Ben Stiller starring a male nurse, there are so many negative remarks coming from movies and TV shows. In â€Å"The Negative Images of Nursing portrayed on Greys Anatomy, House and ER and its Effects on Public Perception and the Contemporary Nursing Shortage† Jacquelyn Bishop expresses a claim using illustration, cause and effect, and process analysis, of how in many shows there is a display of an unfortunate view to Nurses, such as making awful remarks towards male nurses, giving the audience the belief that nurses are a background prop behind the heroic Physician, and lastly how medical procedures are fulfilled and dealt with. Bishop uses movies and†¦show more content†¦In Meet the Parents starring Ben Stiller plays a role as a nurse, Ben walks into the kitchen and is meets the family of his girlfriend, Pam. Pam introduces her sister’s fiancà ©, who is an M. D, and his father who is a Plastic Surgeon. When Ben tells them he is in nursing, they start laughing and say, â€Å"No, really what do you do?† They continue to ask him why he did not go for being a doctor instead of staying a nurse. He replies, â€Å"Nursing was just a better fit for me.† In many movies, the male nurse is made fun of simply because nursing is for women and being a Doctor is for men. Many men fight the stereotype, as being known as a gay-male-nurse. Many have believed that men should take the one extra step and become a Doctor, simply because it is manlier. Statistics have shown 9.6% of nurses are males, and that number continues to grow every year (USA Today). We could have the most outstanding, most caring, skilled, male nurses in the world, but most will not come forward, the reason being they do not want to be terrorized, since they settled at being just a nurse and nothing more. In the article one male nurse, Ryan McFarland claims, â€Å"This jo b is manly, simply because you must have the stomach for it; you must be able to handle moving residents from one bed to another, helping using bedpans, wrapping bandages and so much more. (USA Today). Bishop claims that this job is not just for the women who have caring hearts but as well as for the men in this

Wednesday, May 6, 2020

Essay on Environmental Consequences of Nuclear Weapons Use

nbsp;nbsp;nbsp;nbsp;nbsp;Nuclear weapons have a long-lasting and devastating effect on the world for many years after an initial explosion. Fallout from United States atmospheric testing from 1945 to 1963 killed an estimated 70,000 to 800,000 people worldwide. People who have worked in the early nuclear weapons programs have been exposed to significant amounts of radiation (Schwartz 395). nbsp;nbsp;nbsp;nbsp;nbsp;When a nuclear weapon goes off, there are four basic types of explosions: air bursts, surface blast, subsurface burst, and high altitude burst. An air burst occurs when a weapon is detonated at a height so the fireball does not reach the surface of the earth (Effects Nuclear Explosions). When the shock wave hits the†¦show more content†¦A blast like this could create an intense electromagnetic pulse (EMP) which will destroy anything electronic (Effects Nuclear Explosions). The blast wave is formed from very high temperatures and moves away from the center of the ground-zero. While expanding, the peaks pressure decreases, and the propagation goes down from the supersonic speed. Most of the destruction from a nuclear blast is from the blast effects. The range of the blast will determine the explosive yield of the weapon (5.0 Effects Nuclear Weapons). There are many sources for nuclear radiation such as initial radiation, residual radiation, and fallout. About 5% of all of the energy from a nuclear explosion are in the form of initial radiation. Intensity from the blast will go down very rapidly with distance from the blast, because of the large area fallout will travel. Residual radiation comes in three forms: fission products, unfissioned nuclear material, and neutron-induced activity. There are more than 300 fission products. Most of these have very short half-lives. However, some of them have half-lives that can be month or years. Unfissioned nuclear material would be some uranium or plutonium that does not undergo fission and are dispersed from the explosion. Neutron-induced activity happens when nuclei are exposed to a major change of neutron radiation, thus making them radioactive. A small area around ground-zero would be the most likelyShow MoreRelatedNuclear Proliferation Is The Global Spread Of Nuclear Weapons And Technology1748 Words   |  7 PagesNuclear proliferation is the global spread of nuclear weapons and technology. At the end of World War II, the spread of nuclear weapons was happening at an accelerated rate. Countries like the Soviet Union, United Kingdom, France, and China were developing nuclear weapons against the wishes of the United States. In an attempt to stop proliferation, a group of scientists peacefully protested the development of nuclear weapons by sending a petition to the United Nations. 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Modular Kitchen free essay sample

Kitchen Brands in India Modular kitchen brands in India enable you to have a standard and durable kitchen in your home. Branded modular kitchens are always trustable and they normally have a minimum of 10 years replacement guarantee. 1. Hafele Hafele in India is true to its tagline- ‘Functionality for You’. The ability of the company to understand the diverse Indian market and adapt to the changing tastes and trends, has made it an authority in the field of architectural hardware, furniture fittings and kitchen fittings and accessories. A basic Hafele modular kitchen starts from Rs. 5 lakh. 2. Gilma Gilma as a brand was positioned in the premium markets with various product categories such as chimneys, hobs, cook tops and microwave ovens from 2001. The stunning range of chimneys has a dual role of being exclusive in its function and adding attraction to the kitchen. Stoves and hobs are priced from Rs. 5000 and cost of chimneys start from Rs. 9000. 3. Haecker Haecker kitchens have their branches all over India. They are now becoming popular in India as they use German technology to make the Indian kitchen look elegant. Prices can range anywhere between Rs 1, 00,000 25 lakh depending on the style, the look, and the kitchen space. For instance, Haecker Kitchen offers a basic 8 ft x 10 ft kitchen for Rs 2, 00,000. 4. Sleek Sleek consistently delivers latest products, while achieving progress through design, innovation and improvement. All kinds of kitchen cabinets and modular kitchen fittings are available in Sleek. Sleek provides completely affordable kitchen accessories. A complete modular kitchen with Sleek will cost Rs. 80,000. Sleek Group is a major organized player in the modern kitchen space and is engaged in the business of selling kitchen components from its 30 show rooms and through its 250 dealers. 5. Veneta Cucine Veneta uses materials and production methods that do not upset the environmental balance. The structure of the kitchen units are made with 100% recycled wood. The most basic Veneta modular kitchen will cost Rs. 4, 00,000 plus installation charges. Reputed modular kitchen dealer can provide you cabinets and chimneys of any of the above said brands. Charges depend upon the size and style of your kitchen. HAFELE Products HAFELE has more than 1,50,000 articles and 168 dealers across India. We are integral partners to the Indian wood processing trade, the furniture industry, specialist dealers as well as planners, architects and interior designers. These varieties of products are supplemented by a unique service by trained personnel. Hafele Indias gamut of home interior solutions matches your individual tastes and meets your specific requirements while providing you with the latest innovations from the market. Hafele solutions help you in making your lifestyle choices with an educated sensibility. Hafele has a solution for every corner of your home functionality for a lasting experience and design for an elegant look. Over the years, Hafele has established itself as a leading manufacturer and supplier of fittings and accessories with focus on product development and service enhancements to ensure that all customer requirements are met with specific solutions. In recent years, Hafele has partnered with leading global brands so as to offer the best solutions from across the world to our customers. These brands mark dominance in quality and blends in with our promise of world-class functionality. Companies selling exotic food, luxury kitchen appliances target men more than women NEW DELHI: When an Italian says he is looking for Indian men who have a way with the knife, you know he means business. Roberto Gavazzi says his eyes are firmly set on Indian men even though the business he is looking for has to come from the kitchen. The CEO of the 80-year-old Italian firm Boffi plans to sell designer kitchens that can cost up to Rs 2 crore, and hopes to market his ware through urban men who are increasingly taking to cooking at home with a certain passion. Men in India are taking keen interest in cooking and want to flaunt their kitchen gadgets, Gavazzi told ET on a recent visit to Delhi. Unlike in the past, when women ruled the kitchen, the Indian man now not only whips, kneads and purees, but also shops for smoked salmon, ham, exotic cheese, hand-made knives, and even the whole kitchen. Boffi is not the only one chasing Indian men; almost every company selling exotic food, luxury kitchen appliances and kitchenware now target men more than women. German luxury home appliances maker Miele says 70% of the purchase decisions on its products are being made by men. So we give more importance to our male customers even though the conventional wisdom would say to focus on women, Dhananjay Chaturvedi, managing director, Miele India, says. The firm organises regular cookout events in partnership with firms such as Citibank, Axis BankBSE 0. 20 % and Deutsche Bank that focus more on men than women. It was also the main sponsor of a polo tournament in Delhi for three years. Parushni Aggarwal, founder of Studio Creo, a company that sells international interior brands, says, Men look at kitchens as a gadget. It is a boylike pleasure for them to see a setup come alive at the press of a few buttons. NOT TOO BOUND BY BUDGET That means they are not too bound by budget. Boffi recently sold a Rs 50-lakh stainless steel outdoor kitchen to a Mumbai businessman, who installed it on his yacht. Counter tops that slide back and the forth and extractor hoods that pop up at the touch of a button could explain the price tag. An Italian kitchen from a brand like Boffi can cost anywhere between Rs 10 lakh to Rs 2 crore, says Aggarwal. From selecting the Teppanyaki grill cook tops to coffee machines to refrigerator to microwave, men are the final decision makers in most of the homes with high-tech kitchens, she says. Harit Nagpal, MD of direct-to-home satellite TV service provider TataSky, says he can cook anything from chana to fancy fish fillets. He has an eye India Kitchen Congress Cooking up Solutions An animated discussion among the market leaders brings out their pain areas, and also shows the way ahead Lack of training for sales staff, insufficient understanding of architects and interior designers, poor installation technique, and dearth of institutes having a kitchen discipline are reasons why the modular kitchen industry in India has a weak foundation. This emerged at the CEO Round Table discussion of industry stalwarts during India Kitchen Congress 2012. The discussion was moderated by Snehal Vasani, managing director of Kitchen Grace. Vasani, a veteran of the kitchen industry, started the discussion by asking how market share could be increased to a significant level. As modular kitchen is a new concept and the Indian industry is barely organised, there is need for trained sellers who can convince consumers of their suitability in Indian context. How modular kitchens fare better than carpenter-made ones in terms of long term cost, finish, functionality and health needs to be explained with transparency and conviction. This can be done only when the seller is knowledgeable enough about the product, and trained as a caring retailer. Currently both qualities are missing at the kitchen retail channels. Also, incorrect installation is giving this category a bad name. The industry remains dependent on outsourced installation, and has not invested in creating a pool of trained carpenters who understand the nature of flat-pack furniture. Having a trained cadre is an imperative for a healthy share in market that is witnessing new entrants on a daily basis. There is also a mistaken notion that only a concrete slab can prevent water from seeping through. Here too it is the building designer whos spoiling the industrys party, either due to ignorance or sheer disinterest. It, however, would be unfair to conclude that everything is lost. An equilibrium of demand and supply is often created when one among the two is in place. In conclusion, Vasani drove home the point that the kitchen industry needed its own representative body, which would â€Å"take care of its own. † IKC 2013 Exhibitors: Company Name Hafele India Pvt Ltd Sleek International Balaji Action Buildwell Krish Furniture Components Touch Interior Vertical Interior Concepts (I) Pvt. Ltd Jawahar Saw Mills Jyoti Architectural Products Pvt Ltd Pidilite Vinay Wire Products Shrusthi Plastics Style Spa Furniture BIESSE Jyoti India Metal Industries Pvt Ltd KAFF Appliances Cleaf Domus Line Foster Sirca 3B Spa Exposicam srl Product Hardware, Lighting Modular Kitchens Particle Board, UV Panels Modular Kitchens Modular Kitchens Accessories Kitchen cabinet shutters Hardware Adhesives Accessories Sinks Modular Kitchens Machinery Appliances Appliances, Accessories Panels Lighting Built-in Appliances Wood Coatings Panels Exhibtion Modular kitchens to drive Indian housing market By Daily Post India, 4/13/2013 2:12:29 PM DP Correspondent, Chandigarh 1/3 The changing lifestyle and higher disposable income is inducing India modular kitchen market to grow at a compound annual growth rate (CAGR) of around 33 per cent during the 2010-11 fiscal. Kitchen is one of the most important parts of your home and the interiors are as much important as other rooms are. A new concept that has entered in the world of kitchen interiors is modular kitchen. As the name suggests, modular kitchen is made up of several modular, which are fitted together to form a design. Modular kitchens not only make cooking easier, but also add a touch of glamour to your kitchen interiors. The concept of modular kitchen has revolutionised the interior decor of a kitchen. In an interaction with Daily Post, Namit Bajoria, Director, Kutchina, said: â€Å"If there is any damage, then only that one unit has to be repaired or replaced. In addition, modular kitchen manufacturers all over the world make their units or modules in the same standard sizes. † The modular kitchens offer the latest in design and style. He said the chimney also plays an important role in the design of a kitchen. â€Å"We are offering a unique concept of auto-cleaning chimneys that just require a person to put .. some soap and water in the recommended slot and then push a button. A chimney helps keep the kitchen walls clean,† Bajoria said. Individuals can mix and match the basic models of modular kitchen to suit their taste. Salil Sadanandan, the newly appointed Managing Director of Kohler Kitchen and Bath India said: â€Å"An ideal kitchen should not be just stylish, but also make cooking, grinding, frying easy. † 2/3 â€Å"In fact as the important kitchen accessories like ventilators, chimneys, sink etc are in-built we do not have to worry about installing them later. They are easy to dismantle and in case we have to move our residence, we can carry all the modules and modular kitchen cabinets in a box and install it to our new kitchen. Modular kitchen s one of the best available ways to make your kitchen look beautiful, clean and tidy with high efficiency,† he said. Owing to the increased efficiency, the popularity of modular kitchen is getting higher and higher as the days fly by. As more and more people are taking modular kitchen to their home, the variety and styles of modular kitchen is rising. Thi s has resulted in having high variety for a house owner to select for the kitchen in their home. † Modular kitchens offer the latest in design and style and high gloss finish. Creativity and design has a great role to play in beautifying the most important place of expression. Modular kitchens come in a whole range of colours in bold colours of reds, gold, blues, oranges and greens apart from wood shades like cedar and birch. Since companies take care of the fitting of the units, individuals do not have to go through the hassle of explaining the design to the carpenter and then standing over him and making sure that he implements the design properly. 3/3 â€Å"They can just give us the design and relax. The comfort of modular kitchens as well as their design is pushing more builders to install them in apartment complexes,† said Manish Sethi of Dream Space India. He said that modular kitchens start from around Rs 50,000 and go up to Rs 5 lakhs. The modules come in standardised sizes, a minimum of 10 running feet is required for the kitchen cabinet and have deep units to accommodate electrical appliances and gas trolleys, and a wide choice of accessories in the form of wire baskets, carousels, adjustable shelves and pullout units. Cleaning modular kitchens is a very easy and time saving task. These days many people in India and abroad are opting for modular designs for their home as both the husband and wife go out to work and the time that is spent in the kitchen is very less. Nowadays, a modular kitchen is equipped with infinite accessories to make it even more advanced, modern and well furnished. The sleek glass work, elegant fittings, voguish wooden finishes coupled with the most recent gadgets are one of the most reliable accessories ever. Maximum interior decorators are eager to use smart and modish hardware such as stainless steel door handles, stimulated colored doors and so on,† said Bajoria. Some other attractive features of these kitchens include durability and easy-to-use applications. â€Å"Kitchen garnishes of these types last for a long period of time if purchased from a reliable dealer and used in an uthentic manner,† Sethi further added. Pawan Malhotra, Managing Director, Cucine Lube India, an Italian modular kitchen company which opened Asia’s largest modular kitchen studio spread across 30,000 sq ft in Delhi What’s the size of the kitchen market? Though the size of the market in India is difficult to state due to the presence of unorganised players, industry data pegs it an estimated Rs 1,500 crore. The year-on-year growth is about 35 per cent. 50 per cent of our business comes from housing projects and the rest from retail consumers. What’s the scope for luxury modular k itchens in India? Luxury has been evolving constantly in India. What was considered luxury few years back has now become part of lifestyle. The Indian kitchen too has over-gone a sea-change, from the wet kitchen to a dry one. The well-heeled, well-travelled Indian has realised it’s easy to spend some time in a kitchen that pampers you, even when you are rustling up a meal. The luxury factor, however, must ease out the working areas in order to make a difference. Cucine Lube studios are present in Noida, Lucknow, Hyderabad, Bengaluru, Ludhiana, Chandigarh and Delhi. The new studio in Delhi offers access to more than 22 live kitchens. We offer 1,000 options in terms of design, materials, colors and layouts. The studio has an orientation centre where customers are provided with live demo of the products. Customers are given 3D views of their kitchens by using a design software. Also keeping in mind the Indian style of cooking, Lube has launched a water-proof kitchen cabinet. As per industry statistics, the modular kitchen segment stands at around Rs 1,500 crore. With increasing emergence of nuclear families, rising disposable income and better affordability, this industry is expected to grow at the rate of 40% per annum. Globally, kitchens account for 40% of all furniture sales. With the Indian furniture market valued at around 50,000 crore, the kitchen segment could well be estimated to be around 20,000 crore, which leaves an ample scope of improvement as the current figure stand at merely 1,500crore . Industry experts reveal that that stunning growth of modular kitchen industry in India has surprised the expectations of most of the market pundits and has became a subject of case studies in most of the reputed business schools. One of the striking factor of this growth industry is that the Indian suppliers were able to stand their ground and have not been sidelined by the intrusion of big western corporates. This speaks volume of Indian consumers loyalty to the traditional designs and brands. Most of the modular kitchen suppliers have voiced their desire of having a robust promotional campaign or high budget advertisement blitz to increase the awareness about the modular kitchen concept in the tier 2 and tier 3 cities (the next growth engines).

Wednesday, April 22, 2020

Spousal Testamony against an accused Essay Example For Students

Spousal Testamony against an accused Essay Dating back to the 16th century, spouses were not deemed to be competent to testify evidence against their spouse.The reasons were a lot simpler than they are today. Anyone with a perceived interest in litigation was deemed to be biased and therefore unfit to testify. Under common law spouses are considered to be one and the same. Since the 16th century the issue of spouses and their ability to give evidence against their partners has become more and more complicated. Modern day courts rely more on preserving the sanctity of the marriage than preserving the incompetence standard. The ability to block spousal testimony does not however apply to all couples under the law. Those in common law relationships are not considered to be one and the same and these spousess are able to give testimony about events that occurred during the relationship.Ultimately, because the issue falls under common law the question of whether a husband or wife to can be compelled to give evidence against there spouse was at the justices discretion. Most justices are more likely to compel spousal testimony in cases of violence and domestic abuse. The majority of these offences are committed on a one on one basis with either no one to witness the abuse, or a child incapable of being called as a witness. The testimony evidence of the spouse is often the only proof that an offence occurred. In R. v. McGinty, Justice McLachlin concluded that competence included compellability and added a new policy dimension to the analysis. She observed: policy interests favoured compelling testimony in cas es of domestic violence. Competence without compellability would more likely contribute to family discord than prevent it. In the matter of appearance, she noted that: fair-minded persons generally find it abhorrent that persons who commit crimes go un-prosecuted. The states duty to protect the safety of its citizens, underlies the testimonial competence in cases of violence against a spouse, also dictates that the spouse be complellable. Fundamentally the main factors facing a Justice in their decision is the matter of public safety and the harmony of the marriage. Compelling a spouse to testify against their partner is in direct conflict with that ideology. Therefore divorced or legally separated couples do not fall under this category. In R. v. Bailey it was determined that spousal incompetence does not survive divorce. Justice Morden observed that: The modern policy justification for the rule in question is that is supports marital harmony. It is difficult to see how this policy has any sensible application to a situation where the marriage no longer exists. The incompetence should not survive the dissolution of the marriage. A divorced spouse should not be disqualified from testifying concerning events which occurred during the marriage.The Canadian society as a whole and our views and beliefs with regard to marriage and divorce are constantly evolving. The modern legal system has had to adapt and take un-foreseen factors into consideration such as legal separation in regards to the question of compellability. During R. v. Salituro, the Supreme Court altered the common law rule with regards to spouses who were irreconcilably separated.During trial a woman gave testimony against her husband with regard to fraud that was committed against her. The man was convicted and appealed; the basis for this appeal was that his wife like any spouse was incompetent of giving evidence. Supreme Court Justice J. Iacobucci concluded that: any policy justification based on marital harmony necessarily disappears upon divorce or the irreconcilable separation of spouses. A continuation of incompetence would be contrary to charter values since it denied choice to the woman in favour of a historical rule that was promulgated at a time when a womens legal personality was incorporated into that of her husbands. The Supreme Court upheld this common law decision in R.v. Hawkins, where again a wife gave evidence against her husband this time at a preliminary hearing. The Justices ruled that: While such alternative approaches to the rule of spousal incompetence may serve to promote the autonomy and dignity of an individual spouse, it is our opinion that any significant change to the rule should not be made by the courts, but should rather be left to parliament.Parliaments legislative response was section 4 of the Canada Evidence Act:Section 4:4(1) Every person charged with an offence, and, except as otherwise provided in this section, the wife or husband, as the case may be, of the person charged, is a competent witness for the defence, whether the person so charged is charged solely or jointly with another person. .ubc6d0ea24281d873ac328fd70f29c30b , .ubc6d0ea24281d873ac328fd70f29c30b .postImageUrl , .ubc6d0ea24281d873ac328fd70f29c30b .centered-text-area { min-height: 80px; position: relative; } .ubc6d0ea24281d873ac328fd70f29c30b , .ubc6d0ea24281d873ac328fd70f29c30b:hover , .ubc6d0ea24281d873ac328fd70f29c30b:visited , .ubc6d0ea24281d873ac328fd70f29c30b:active { border:0!important; } .ubc6d0ea24281d873ac328fd70f29c30b .clearfix:after { content: ""; display: table; clear: both; } .ubc6d0ea24281d873ac328fd70f29c30b { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ubc6d0ea24281d873ac328fd70f29c30b:active , .ubc6d0ea24281d873ac328fd70f29c30b:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ubc6d0ea24281d873ac328fd70f29c30b .centered-text-area { width: 100%; position: relative ; } .ubc6d0ea24281d873ac328fd70f29c30b .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ubc6d0ea24281d873ac328fd70f29c30b .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ubc6d0ea24281d873ac328fd70f29c30b .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ubc6d0ea24281d873ac328fd70f29c30b:hover .ctaButton { background-color: #34495E!important; } .ubc6d0ea24281d873ac328fd70f29c30b .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ubc6d0ea24281d873ac328fd70f29c30b .ubc6d0ea24281d873ac328fd70f29c30b-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ubc6d0ea24281d873ac328fd70f29c30b:after { content: ""; display: block; clear: both; } READ: A Brief Introduction to Margaret Laurence Essay We will write a custom essay on Spousal Testamony against an accused specifically for you for only $16.38 $13.9/page Order now (2) The wife or husband of a person charged with an offence against subsection 50(1) of the Young Offenders Act or with sections 170 to 173, 179, 212, 215, 218, 271 to 273, 280 to 283, 291 to 294 or 329 of the criminal code, or an attempt to commit any such offence, is competent and compellable witness for the prosecution with the consent of the person charged. (3) No husband is compellable to disclose any communication made to him by his wife during their marriage, and no wife is compellable to disclose any communication made to her by her husband during their marriage. (4) The wife or husband of a person charged with an offence against any of section 220, 221, 235, 236, 237, 239, 240, 266 to 269 of the criminal code where the complainant or victim is under the age of fourteen years is competent and compellable witness for the prosecution without the consent of the person charged. (5) Nothing in this section affects a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of that person, (6) The failure of the person charged, or of the wife or husband of that person, to testify shall not be made the subject of comment by the judge or by counsel for the prosecution. The large scope of Section Four of the Canada Evidence Act still leaves a huge gap open for judicial interpretation. While addressing a number of key components the act left out crucial factors in regards to compellability and only addressed and answered questions relating to competency. Questions also arose surrounding corporations and their compllelablity to produce an officer for discovery in a Federal Court action for forfeiture. . During R. v. Amway, the issue of competence was raised by J. Sopinka for the court and encompassed the issue of spousal testimony against an accused.J. Sopinka said: It is apparent from the words of the section section 4 of the Canada Evidence Act that it addresses only one of the two components of the rights and obligations of a witness: that is, competence. It does not purport to deal with compellability. At common law an accused was neither competent nor compellable as a witness. By virtue of s. 4(1) of the Canada Evidence Act the common law was altered to make an accused a competent witness for the defence. These amendments left intact the common law with respect to the non-compellability of an accused person at the instance of the crown. These arguments would seem to nullify any attempt by counsel to automatically assume that competence includes compellability in regards to section 4. Other aspects of Section four privilege and its application entail cases with co-accused. A closer examination of section 4 in its ability to assist the crown in cases involving co-accused and their use of spousal testimony against a person charged with their spouse. Could a person spouse is relied upon to give un-biased testimony against a person jointly accused? Would there not be an underlying element of prejudice on the part of the spouse to give false testimony in order to convey evidence or guilt? Based on the aforementioned the Amway decision could be interpreted as allowing the spouse of the accused to be competent in testifying but not to be compelled to do so. The decision to offer testimonial evidence would ultimately rest with the spouse. The accused or their counsel can in no way, compel exculpatory evidence from a witness spouse unless they volunteer to do so. Another area of spousal testimony against an accused that was not touched on in Section four of the Canada Evidence Act was that of intercepted communications. A letter from one spouse to another that was intercepted for or by the police, opened and read prior to delivery to the spouse is deemed to be admissible.A letter, its contents used by the crown offers conscriptive evidence against the accused and in no way violates the privileges of section 4. Other methods of intercepting communication however, are not all admissible. In R. v. Lloyd the Supreme Court attempted to determine whether the conversations of spouses intercepted through a wiretap were privileged under s. 4(3). Is this considered compellability by the court on the spouse to disclose communications?The British Columbia Court of Appeal ruled that Section 4(3) does not apply since the privilege was attached to the witness (spouse) and no the information (evidence) itself. .u9078f5d9cad08647ef4d6e6d8e3d418b , .u9078f5d9cad08647ef4d6e6d8e3d418b .postImageUrl , .u9078f5d9cad08647ef4d6e6d8e3d418b .centered-text-area { min-height: 80px; position: relative; } .u9078f5d9cad08647ef4d6e6d8e3d418b , .u9078f5d9cad08647ef4d6e6d8e3d418b:hover , .u9078f5d9cad08647ef4d6e6d8e3d418b:visited , .u9078f5d9cad08647ef4d6e6d8e3d418b:active { border:0!important; } .u9078f5d9cad08647ef4d6e6d8e3d418b .clearfix:after { content: ""; display: table; clear: both; } .u9078f5d9cad08647ef4d6e6d8e3d418b { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u9078f5d9cad08647ef4d6e6d8e3d418b:active , .u9078f5d9cad08647ef4d6e6d8e3d418b:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u9078f5d9cad08647ef4d6e6d8e3d418b .centered-text-area { width: 100%; position: relative ; } .u9078f5d9cad08647ef4d6e6d8e3d418b .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u9078f5d9cad08647ef4d6e6d8e3d418b .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u9078f5d9cad08647ef4d6e6d8e3d418b .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u9078f5d9cad08647ef4d6e6d8e3d418b:hover .ctaButton { background-color: #34495E!important; } .u9078f5d9cad08647ef4d6e6d8e3d418b .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u9078f5d9cad08647ef4d6e6d8e3d418b .u9078f5d9cad08647ef4d6e6d8e3d418b-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u9078f5d9cad08647ef4d6e6d8e3d418b:after { content: ""; display: block; clear: both; } READ: Atomic Bomb EssaySubsequently the Supreme Court of Canada rejected the British Columbia Court of Appeals decision and upheld Section 4(3)s privilege rights. The issue of hearsay also plays role in the issue of spousal testimony against an accused. In the case of R. v. K.G.B. witnesses did an about face on the stand and claimed they had lied about previous statements that had incriminated the accused.The Supreme Court held that inconsistent statements could be adduced for their truth in these circumstances if there were sufficient guarantees of trustworthiness to warrant a conclusion of reliability. Supreme Court Justice Lamer pointed out that previous conflicts of law such as no one being present, no oath and no cross-examination could now be addressed in modern day society with the advent of videotaping.The recanting witnesses also remains in the stand and the crown or defence has the ability to cross-examine them. The reason that hearsay evidence has a role to play in spousal testimonies against an accused is that in cases such as domestic violence often the testifying spouse does recant on the stand after the cooling off stage. In R. v. Hawkins the Supreme Court Ruled that Spousal incompetence satisfied the necessary criterion.In laymans terms this means that the mere prospect of spousal evidence, whether compllelable or not, and subject to marital privilege, does exist as long as the police have interviewed the spouse and properly recorded his or her statement. Basically the statements and video recordings of the interview become evidence like that of the letters. Privilege is attached to the witness and not the information. Through the initial e nactment of the Canada Evidence Act first introduced in 1893 and amended by the Supreme Court in 1906 there have been numerous Common Law arguments raised, Supreme Court Rulings, and legal precedents set and re set. To date there are a number of Common Law rules that remain. No spouse can be compelled as a witness by the prosecution against their spouse except for the offences where the spouses safety or person has been attacked, other stipulated offences, and those offences where the victim was under the age of 14 years.This protection only applies to those people who are lawfully married and not to those in a common law marriage. Section 4. Does not protect the privileges of people who are divorced or irreconcilably separated. Spouses if they reach the right criterion are competent under section 4 to give evidence for the defence. All spouses who fall under the criterion are deemed to be competent to provide evidence but cannot be compelled to disclose communications with their spouse, which took place during the marriage. Under section 4(6) of the Canada Evidence act no Justice or Crown can make comments to the jury regarding spouses failure to testify at trial. The common law privilege not to provide exculpatory evidence against ones spouse has its r oots in England. Under common law the common interpretation was incompetence, there was no consideration in regards to marital communication. This dates as far back as the 16th century and was amended by legislation in the 19th century which allowed spouses to be competent witnesses, to some extent in some criminal cases. Initially the entire concept of a spouse being incompetent to testify had nothing to do with bias but rather preserving the harmony of the marriage. More value was placed on keeping a marriage together and not placing the sanctity of marriage into disrepute. BIBLIOGRAPHY1. Cossman, Brenda, Ryder, Bruce. The Legal Regulation of Adult PersonalRelationships: Evaluating Policy Objections in Federal Legislation Harper Press, Toronto, 1999. 2. Bailey, Martha. Marriage and Marriage-like relationships. Associated Press, London, 1997. 3. Yogis, John A. Canadian Law Dictionary Library of Congress Publication. New York, 1998. 4. Greenspan, Rosenberg. Martins Annual Criminal Code. Canada Lawbook IncorporatedWords/ Pages : 2,254 / 24

Tuesday, March 17, 2020

Contract law Essay Example

Contract law Essay Example Contract law Essay Contract law Essay CONTRACT is a valid contract which lacks legal sufficiency due, for example, to incorrect or incomplete following of a required or statutory procedure, and may not be enforceable by the courts. Four Classifications of Defective Contract : 1. Rescission Contract Declaration or clearly communicated intention by a party to a avoidable contract that it is exercising its right to terminate (rescind) the contract. It is an irrevocable step that frees the other party as well from its contractual obligations, as if the contract never existed. Rescission may be on mutual consent, by an act of law, or by either party for reasonable cause such as a material misrepresentation. 2. Avoidable Contract Unlike a void contract, is a valid contract. At most, one party to the contract is bound. The unbound party may repudiate the contract, at which time the contract is void. 3. Unenforceable Contract Valid contract that cannot be fully enforced due to some technical defect. It has some legal consequences which may not be enforced in an action for images or specific performance in the face of certain defenses including the statute of frauds. . Void Contract Void contract cannot be enforced by law. Void contracts are different from avoidable contracts, which are contracts that may be (but not necessarily will be) nullified. However, when a contract is being written and signed, there is no automatic mechanism available in every situation that can be utilized to detect the validity or enforceability of that contract. Practically, a contr act can be declared to be void by a court of law.

Saturday, February 29, 2020

Barkha Dutt

Barkha Dutt Essay NDTV 247 is a premier English language television network that carries news and current affairs in India, it is owned by New Delhi Television Ltd. NDTV 247 won the Asian Television Award for Best News Channel in 2005. NDTV 247 is home to a team of award winning journalists who spearhead the news campaign, including Dr. Prannoy Roy and Barkha Dutt. NDTV 247 is also available outside of India, broadcasting in the UK on the Sky Digital platform, in the U. S. n the DirecTV platform, in Canada on the ATN platform, in Australia on the Vision Asia platform, in Europe on the WorldTV platform, and in Singapore on the mio TV platform. We the People is a television talk show in India and running over NDTV. TV journalist Barkha Dutt hosts this show. The program broadcasts every Sunday. About the show It is a discussion-based programme on burning issues. Seven to eight panelists are invited for every discussion. It is an audience-based show. This Show airs in New Delhi Television network. The programme can generate controversy, but showcases a diversity of views thanks to its host. Barkha has been awarded as the most intelligent TV host by Indian Television Awards, and also as Best Talk Show Anchor. We The People has recently won the 14th Asian Television Award for Best Talk Show for the year 2008. The show has received critical acclaim and has won several key awards {{{{{{{{{{{{{Barkha Dutt is a television journalist. Her frontline reporting of the Kargil conflict in 1999 raised her to prominence in India. She has reported on many conflicts, ranging from Kashmir to Pakistan, Afghanistan and Iraq. Currently, she is Group Editor-English News, NDTV, a leading Indian television network, and the host of We the People, a weekly discussion show on current events. Barkha also writes a weekly column for The Hindustan Times and Khaleej Times. Some awards she has won: Global Leader of Tomorrow Award from the World Economic Forum, 2001 Commonwealth Broadcasters Award, 2002 Broadcast Journalist of the Year by the Indian Express, 2005 Padma Shri Award (Journalism), 2008}}}}}}}}}}}}}}}} The channel airs one of Indias most successful opinion-based shows: We the People with Barkha Dutt. .. s india an english speaking country? Were all of us educated in elite schools and fashionable colleges? Do all of us have fancy,phirang accents that would put the real angrez to shame? Is Barkha Dutt the ultimate arbitrator of all things bright,beautiful and otherwise. Indeed this famous programme called ’We the people’ on NDTV 24*7 is certainly not for a common person. Certainly not for a per son who has not read all the correct books and magazines. Barkha Dutt uses this opportunity(as always) to emphasize just how talented she is. How greatly our wretched country needs her services as the super-judge of anything that she sets her eyes on. Indeed the program is supposed to be a free,open discussion between people whose voices are not otherwise heard. What it actually is,is a kind of drawing room discussion between celebrities. These celebrities pretend to become very humble and approachable. They are surrounded by some doctorates and super specialists who are sometimes allowed to make a few noises. What the show turns out to be in the end is a weekly meeting of th

Thursday, February 13, 2020

International Business Strategy of Zara Case Study

International Business Strategy of Zara - Case Study Example The firm that is analyzed in the paper is Zara. This Spanish fashion retailer is the leader in Europe, followed by the Swedish, H&M and UK’s Marks & Spencers. Headquartered in the industrial estate of Sabon-Artexio, outside A Caruna in Spain, Zara has over 2700 stores round the world, the latest having opened in China, Serbia, Sweden and Tunisia in 2006 and in Poland, Romania and Russia in 2008. Inditex SA, the holding company, clocked revenues of $8.5 billion in 2007, of which Zara contributed 66 percent. The expansion strategy positively contributed to the increase of Inditex’s share value. The other fashion brands in Inditex’s stable, Pull & Bear, Massimo Dutti, Bershka, Stradivarius and Oysho, though having the potential of cannibalizing some of Zara’s advantage, are really no competition to Zara. Zara has stores in over 60 countries in Europe, America and Asia. However, the retailer has not gone whole hog in international expansion, particularly in th e United States and Asia, because it has not expanded its supply chain wide enough to sell in these markets without holding high inventories. Instead, the company focuses on consolidation in the European markets, entering recently into Ireland, Iceland, the Czech Republic, Luxembourg, Finland and Italy and is expanding in England and Germany. Zara’s business strategy is in contrast to most other apparel and other consumer product retailers in the world. Zara produces as many as 12,000 new items of clothing every year, which is nearly four times the average of the apparel industry. Besides, it replaces stock in 3 weeks, which is also 12 times faster than the industry average (Diaz, 2005). Zara's distinctive competence is consisted of vertical integration of design, just-in-time manufacturing system, delivery and sales; flexibility structures, low inventory, quick customization response and specific human capital (Castellano 1993; 2002). Amancio Ortega, founder of Inditex , claimed the aim of Zara is to " democratize fashion by offering the latest fashion in medium quality at affordable prices" This paper will discuss Zara's business model, particularly in relation to its supply chain and customization system, to understand whether its transnational business strategy is flexible, efficient and adapt to a learning process, which, according to Ghoshal's (1987) model, are the goals of a global firm. Theoretical Background The strategic tools that a global company has in order to gain competitive advantage are through exploitation of differences in input and output markets that exist in different markets. Besides, benefiting from economies of scale of operating in different markets and activities, global firms can gain competitive advantage that optimizes risks, efficiency and absorption of learning in different markets (Ghoshal, 1987) For some companies, global integration may result in competitive advantage through economies of scale. For some others, global expansion may not result in competitive advantage when the corporate hierarchy thrusts such a strategy on the company because of difficulties managing large organizations that blur centralized and decentralized policy decisions (Ghoshal, 1987). Since the second half of the 20th century, transnational companies have been the main agents of globalization in all industries, whether through investments, trade and the internet (Gereffi, 2001). In times of globalization, a firm's competitive strength in