Current Issues of Modern Law Assignment Example | Topics and Well Written Essays - 2000 words

Current Issues of Modern Law - Assignment Example In Arbitration, the two disputing parties agree to have a person who will hear out both parties and make a decision as to who is right/ aggrieved. The two disputing parties may choose to make the process either binding or non-binding. If the process is, binding then a document to that effect is being prepared and duly signed by both parties stating it to be so. The decision of the arbitrator in this process will be final and neither party can dispute it and proceed to trial. In the non-binding arbitration, either or both parties may dispute the decision of the arbitrator and proceed to trial. The process in Collaborative Family Law is designed to encourage mutually agreeable solutions to couples who want to legally put an end to their marriage unions. Each partner has the right to have their legal representatives in the proceedings but would have to hire new ones if they decide to proceed to court. Either party reserves the right to go to court at any point in the proceedings. This t ype of process is not advisable for couples who have domestic violence, or and intimidation issues. In Case Conferencing as an alternative dispute resolution, the focus is on narrowing the issues that are in dispute between parties. This is done by a judge or their representative and the legal representative of both parties with little input from the disputing parties. Neutral Evaluation makes use of expert evaluation of the matter in dispute through the professional opinion of projected outcomes of the matter if it went to court. The expert evaluates the pros and cons of each side’s case and with the consent of both parties offers advice on a settlement. The expert also offers case planning to encourage settlement. Mediation is a dispute resolution process where a person/mediator acts to enable disputing parties to reach a mutually agreeable settlement amongst them. The mediator unlike the arbitrator does not decide the case but helps the disputing parties do on their own. P arent Coordination as an alternative conflict resolution uses an experienced trained legal or health professional in assisting high conflict parents to carry out their parenting plan. The main objective of this type of dispute resolution is to resolve and manage conflicts so that meaningful parent-child relationships can be obtained or created if absent. Summary Jury Trials can be binding or non-binding as agreed to by parties. They are only available in limited jurisdictions. It entails giving a summary of both sides of the disputing party in order to get a projected outcome of a case if it were to go to trial.        

Dreaming Better Dreams Essay Example for Free

Dreaming Better Dreams Essay There is no doubt everyone has dream. It is an experience that occurs during sleep. However, dreams are not only all about sleeping experience. We have dreams in life and these dreams are the things that we aspire to have, the status that we want to establish, or the kind of life that we long to have in the future. Thus, at times we are daydreaming that we are there, about to fulfill our dreams. In Mark twain’s The Mysterious Stranger Satan was mentioned as ghost standing at the behind the food processor and admiring a person’s lawn-mowing skills. It was not clear whether it was a dream but dream sometimes appears as one’s night mare. In the ensuing conversation between Satan and the person, Satan says â€Å"dream other dreams, and better† (120). Here, it was not clear whether Satan was advising the person to have a better ambition in life or he was just inciting a person to think of something beyond what he can do in order to make sin. But what ever is Satan’s intension, there is a truth in his statement. One should really have dreams life, a better dream. Dreams as some psychologist say are simply product of our imagination. They say, when we are asleep, our sub-conscious mind becomes active which us to dream dreams. No one likes bad dreams, but everyone enjoys good dreams. In dream, we can do anything that is impossible in real life and when we are awakened we regret that it was only a dream. The truth is we can dream a better dream that is not merely product of our subconscious mind when we are asleep. Our dreams can turn to reality if we could overcome anything that limits us. Our dreams can be fulfilled if we let all our strength, courage, strength, wisdom, and all our best efforts to pull together for a single purpose, achieving our better dreams in life. An ill Time to Laugh In the Bible, particularly in Ecclesiastes chapter 3, the writer states that â€Å"there is a time for everything in this life. There is â€Å"a time to be born and a time to die†, â€Å"a time to weep and a time to laugh. † This is true even today for most us. There is a proper time for everything. In the second prompt, the context tells us that â€Å"Satan laughs at Theodor and at Theodor’s sheepish neighbor who all throw stones at the hanged woman†(109). The scenario led us to think of something dreadful. We do not exactly why the woman was hanged perhaps she was caught in adultery, or that she was a witch but it looks like neighbors were against her who all throw stones at her while she was hanging dead. The only person conscientious of what is going on perhaps is Theodor. Theodor said to Satan, â€Å"It was ill time to laugh, for free and scoffing ways†¦brought him under suspicion. † Satan protested in this statement saying, â€Å"There spoke the race† â€Å"always ready it hasn’t got †¦ you have perception of humor, nothing more; a multitude of you possess that. This multitude sees the comic side of a thousand low-grade and trivial things-broad in-congruities, mainly: grotesqueries, absurdities, evokers of the horse-laugh† (109). There is something we can learn from this statement. Many people see only the comic side of the things around them or of the people they met and laugh at them. We tend to be evokers of the horse-laugh rather than objective in our judgment of anything that we see on others. Most of the time, we laugh at people even when it is an ill time to laugh. Perhaps, our problem is that we could hardly see when the right time to laugh on other people is. The best thing perhaps for us to avoid becoming evokers of horse-laugh is to always bear in mind the biblical statement, â€Å"there is a time weep and a time to die. † Reference Twain, Mark â€Å"The Mysterious Strangers†

what is reflective accounts

what is reflective accounts The legal and organisational requirement on equally, diversity, discrimination and right are, when u working with your co-worker or team member you should provide equal right to everybody. I have to check the batteries of the hoist, brake of the wheelchair, provide safe environment to protect my service user from any harm. My duties and reponisibitilies are to provide safe environment and safe from risk e.g. if my service user spill the tea on the floor so I should clean it immediately and put wet sign so I can safe my service user or other slipping down. Data protection 1998, e.g. If I see any bruise on my service user so I should report it, inform it and record it and put sign and date to protect myself. If I’m shifting my service user from chair to bed so I have to check the brakes of the chair and the bed so he/she should safe from risk. If the floor is wet so I have to put wet sign on the floor so protect me and my co-worker from any danger, harm. E.g. one morning it was giving wash to my service user and I left the shower gel out the cupboard after few seconds I saw my service user trying to open it I took it from her and I locked in the cupboard. Now onward whenever I give wash to my service user I kept things properly. E.g. one time my service user had a fall so I called for help is reamed loudly for help I was with my service user all the time so my other staff came to help me .so my staff nurse she checked all the body part see any bruises, then she took observation, we put him on the bed by hoist. The purpose of arrange a supervision its good for every staff involve in incidents and emergencies.E.g if fire happened so every staff knows what to do how handle the fire. By care plan, by manager -co-worker -information book -Board If I’m stress and distress so it effect on my work and I’m not participate in work’s ignore my service user and my co-worker. If I’m going to work so I should be relax myself co-operate with my co-worker. In my work of place, there is so many different cultures people,e.g. one time one of my co-worker she is white, she said to me that she is not attend Asian woman because she is from Asia ,so I said to her that this is discrimination you shouldn’t do like this. You should give equal right to every service user because they all are equal to us. E.g. I have to encourage my service user if they wants to go to shopping and express their needs and preferences so they feel they are independence .They have right to express to their needs and preferences. I have to promote their health and care by telling them to have proper meal and drinks, encourage my service user to eat whatever they want, according to care plan. If a diabetes service user likes sugary tea I have to explain to her or him that it is not good for your health, it is very risky to your health. When we all are working together so sometime conflicts occur we should resolve between each other so we can work properly. If we can solve it we should go manager and seek for help. I should involve my service user in activities e.g. playing games,cards,music,painting,but while activities I should see the risk,e.g if I’m playing games with my service user I have to stay with them because they can put anything in their mouth or whole painting they drink the liquid. So environment should be hazard free. I have to store equipment e.g. if I’m giving wash to my service user and I left washing liquid outside the cupboard so he/she can drink the liquid so I have to store the liquid when I finish my work. E.g. when I go to work and attend my service user to get out of the bed I should wash my hand before I give wash to my service user and after giving him/her wash I should wash my hands to control the contamination and infection. In my work of place, i kept all hazardous and no-hazardous things in proper place and equipment in proper place and waste should be in clinical waste, like gloves, apron in yellow bag so we should protect me and service user, co-worker from any dander and harm. E.g. if I’m going to get my service user out of the bed so first of all I should check the brakes of the hoist, brakes of the wheelchair, batteries of the hoist, so I protect me and my service user from any harm. In my work of place, e.g one time suddenly fire occur some of the area in the nursing home, so we all come to assembly point we check the fire panel and we discover fire is which Zone so one of them go upstairs to check the Zone but when we discover it was false alarm, Now we all know if in emergency what should we do. E.g. if fire occur -arise the alarm -call 999 -inform staff on duty -never use the lift. Call for help shoutly -never leave the service user alone -make recovery position E.g. if fire happened I should break the glass so everybody knows that it’s a fire alam.call for help shoutly clear the environment, do not use the lift.

The Timeless Truth of Madame Bovary Essay -- Madame Bovary Essays

The Timeless Truth of Madame Bovary  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚      Written in 1857, Gustave Flaubert's Madame Bovary has become a literary classic. Emma Bovary is a middle class country girl with a taste for rich things; she marries a doctor and has a little girl. Her husband, Charles, adores her and thinks that she can do no wrong. He overlooks the sign of her adultery, telling himself that her unhappiness is caused from her poor health, and forgives her excessive spending. Madame Bovary's excessive desires seem to come from her excessive reading of novels in which life seemed, to her, perfect. She "tried to find out what one meant exactly in life by the words felicity, passion, rapture, that had seemed to her so beautiful in books" (45). Through Emma, Flaubert illustrates that not being satisfied with what one is given in life leads to a sorrow. Soon after Emma marries Charles, she finds that she is not satisfied with her new life, due to Charles' lack of romantics. Emma thinks to herself early on in the marriage, "A man, . . . should he not know everything, excel in the manifolds activities, initiate you into the energies of passion, the refinements of life, all mysteries? But this one [Charles] taught nothing, knew nothing, wished nothing. He thought her [Emma] happy; and she resented this calm, this serene heaviness, the very happiness she gave him" (54). Her need for Charles to be more romantic and his ignorance of her feelings lead her to despise him. After a few years of their marriage, Emma has become so bored with her life that she has made herself sick from want. Her boredom is so great that she wishes she could talk to her servant, "but a sense of shame restrained her" (81). She held herself above everyone, therefore isolat... ...ath does Emma come to realize that the best things in life is family and the happiness that it can provide. The selfishness that had ruled her life was nothing now all the things that were importune to before are now nothing. The things she had bought and the lovers she had been with are not with her now. Only Charles and her little girl, the ones she had tried to flee from are with her now. The simple truth portrayed in Madame Bovary still pertains to the present, selfishness will lead to a life of discontentment. The Flaubert illustration of the unhappiness that thinking only of oneself can bring to others can still be seen in the world today. This is why Madame Bovary has lasted through the years as a novel full of timeless truth. Works Cited Flaubert, Gustave. Madame Bovery. Translated by Marx-Aveling, Eleanor. Grolier Incorporated, New York. N.D.

If You Need Love, Get A Puppy Essay

1. PCAOB describes professional skepticism as a general duty of care that needs to be applied by the auditor throughout the duration of the audit engagement. Professional skepticism involves the auditor having a clear and questioning mind regarding the assertions that are presented by management or other client personnel. The auditor is instructed to not take the words or data presented by management as sufficient and appropriate audit evidence but rather the auditor needs to thoroughly audit the evidence with a questioning mind to achieve reasonable assurance about the persuasiveness of the evidence. Skepticism is composed of three elements; auditor attributes, mindset and actions. The PCAOB instructs the auditor to always question evidence presented by the auditor for the probability of loss, fraud or financial misstatement. Will, the auditor, exercised professional skepticism in this case when it came to the mysterious cash ticket payments for the tickets on 11/16. Having been friends with Jessica, Will needed to exhibit a higher level of skepticism. When Jessica produced the deposit slip for the $320 ticket and asserted that the deposit slip had probably fallen in between two cabinets in the vault, Will had the opportunity of taking Jessica’s assertion as sufficient and appropriate evidence but rather decided to investigate further and noticed that the year on the bills was different than the year of the ticket and that the ink on the deposit slip was different. Will then widened the sample size to see if this was a singularity or evidence of an ongoing issue/fraud. The two main conditions that could have affected his skepticism were his relationship with the process owner he was auditing and the materiality levels set forth for the audit. Jessica Randle, the wife of Will’s best friend, was the process owner for the area Will was currently auditing. This presents an issue in that skepticism can sometimes be influenced by the relationships auditors have made with the people they are auditing. An auditor is more likely to believe the assertions made by someone they know and trust, and this directly hinders on their skepticism. Will might also  have decided to not pursue further with his investigation of cash deposits that are missing their deposit slip due to the amounts ($320), being below the materiality threshold of $5,000. This, coupled with the fact that he felt as if he was irritating his superiors by asking many questions might have caused Will to simply abandon further investigating the area. If Will had not been exercising professional skepticism, he would simply have taken Jessica’s assertion as to why the deposit slip was missing as sufficient and appropriate evidence and moved on with another audit area. Jessica would have never gotten caught, and the fraud might have continued. 2. The Generally Accepted Auditing Standards require that the auditor must maintain independence in mental attitude in all matters relating to the audit. There are two types of independence that are required of auditors. Independence in appearance relates to others’ perceptions of auditors’ independence. It is of the utmost importance that users of the financial statements believe that the auditor is independent. For instance, if an auditor were to own even one share in a company that he or she was auditing, third party users would likely see that auditor as lacking independence even if the auditor was truly unbiased and considered that share irrelevant. The Code of Professional Conduct addresses the issue of personal client relationships. The familiarity threat states that auditors â€Å"having a close or long standing relationship with an attest client or knowing individuals or entities (including by reputation) who performed nonattest services for the client† lack independence. Part e. of this section states that a member of the attest engagement team whose close friend is in a key position is unallowed. Will’s independence in this case was questionable. His best friend’s wife, Jessica, worked for the client, but she did not hold a key position. Will’s independence in fact may be perceived differently by different users. However, Will’s independence in mind seemed to be impaired in this case. He was clearly uncomfortable accusing his best friend’s wife of fraud. Some cases may exist where auditors in similar situations were so uncomfortable that they looked the other way. The factor that plays the greatest role in determining auditor independence  is independence in mind. Auditors may or may not appear to be independent, but if the auditor is truly independent in mind, then the auditor can remain objective and unbiased. The profession should consider tightening the Code of Professional Conduct to address the issue of an audit team member knowing a close friend that holds any position at the audit client. If this scenario arises, the firm can still audit the client, but the audit member with the close relationship won’t be able to be on the audit team. 3. The evidence in the case is presented in a manner that leads to a stronger refute to Jessica’s claim that the money had fallen between the cabinets as opposed to supporting her claim. The evidence that would lead to support her claim would be her statement that there could be several explanations as to why the ticket was missing. She originally suggested that the ticket most likely was included with the other cash. After finding the ticket, Jessica states a story of what must have happened was that the assistant clerks were working late one night and must have decided to include the deposit with the following day’s bank deposit. Thus, when the ticket was missing, no one noticed. All of these explanations mentioned are all responses to inquiries of client. This type of evidence is not conclusive and could be biased in the client’s favor; hence, why this is the only evidence that is in favor of Jessica’s statement. When Will went back to his desk and counted the money he made sure the money on the slip was all there, $320, which is way under the set amount of $5,000 for materiality on the job. However, he noticed that the bills were crisp and has been printed in 2006. He checked this back to the bank deposit slip where he reconfirmed that the deposit was dated November 16, 2005. He then traced it back to the cash receipt to find that it was indeed recorded on November 16, 2005. This document tracing is important evidence that clearly shows a discrepancy in the documentation which lead to the first real line of evidence towards fraud. Another discrepancy that caught Will’s eye was the entry in the in receipt book was recorded in black ink while the writing on the envelope was in blue ink. Although this is not a strong form of evidence, it is enough to bring into question the evidence that has been traced back to recorded items. 4. Effective controls that if installed would have prevented or detected this theft include: Segregation of Duties (SoDs) and Daily payment and bank deposit reconciliations. The first area of controls deals with the Receipt books and proper SoDs. The recipient of cash payments should be different from the individual that records that cash payments into the Sheriff’s computer records as paid. The other control deals with reconciliations. The morning after the daily payment vouchers are processed and deposited, a reconciliation by someone who was not a recipient of cash payments the previous day needs to be done to reconcile that the total amount deposited into the bank matches the bank statement of amounts deposited by check, cash and money order. A monthly reconciliation needs to be performed for all payments done by credit card. 5. After Will presented Vince with the evidence that he has found after Jessica showed him the missing deposit slip along with the cash, the two decided to test eight more cash paid tickets. When five of the eight tickets were also not included in the bank deposit of the day, Will and Vince decided to have a meeting to discuss how they were going to proceed. With the evidence leading to fraudulent activity, the auditors could have decided to proceed in one of two ways. The first being to assess the level of materiality and decide if the amounts were immaterial, and if so they could leave the report as is. The other route the auditors could take is to further examine revenue, specifically the tickets paid in cash. If the decision is to proceed even further with the audit, there are multiple steps the auditors would take to reach reasonable assurance. First, they could examine internal controls to see if there was any other person who could have been using Jessica’s name as a cover up, for she was not the only assistant Clerk of Court. Next, they could examine every cash transaction for 2006, and if the trend continues, examine through previous years. Along with further testing of the transactions, the auditors would be conscious of the level of materiality. The auditors could even go to the extent of checking the bank statements to verify that the cash tickets aren’t being put with other cash deposits in the department. Ultimately, the auditors would have to contact the sheriff and police department to report  their findings. In this case, the auditors may have decided to: 6. In pursuing the matter, Will faced a number of pressures. At first he was concerned because Jessica was his best friend’s wife and he did not feel comfortable working in the situation. But Vince Huston, the partner that he had usually worked with assured him that knowing Jessica may not be such a bad thing. When Will was completing the audit and found that a cash receipt had not been deposited, he did not want to believe that Jessica was responsible so he double-checked his work and then he asked her about it. After receiving the bank deposit from Jessica, he was still skeptical because he had noticed a few minor things. The pen ink was two different colors in the receipt book and on the envelope. And then he noticed that it is impossible for a 2005 cash receipt to be paid for with a bill marked 2006. Will asked Jessica about the matter but she brushed it off and he was forced to report what he found out to Vince. In dealing with the misappropriation of assets of fraudulent financial reporting, auditors are to maintain professional skepticism throughout the engagement. This is because fraud is often committed by a person that the auditor least expects. In this case, it was Jessica. Will maintained his professional skepticism and did not let the fact that Jessica is his best friend’s wife affect his work. Auditors, in general, must also be aware of the basics of fraud awareness. Auditors should be able to notice any signs or signals of fraud and then be able to trace the documents back to anything that may help to uncover fraudulent activity. 7. When most people make ethical decisions, one of the things they do is try to find alternatives to the problem or situation and ask themselves what the consequences of those alternatives would be. In Will’s situation, after finding out that Jess was involved in misappropriating the cash associated with the ticket he had the options of letting what he had found out slide because Jess was his best friend’s wife, or confronting her about the situation and reporting her or letting her report herself. Ignoring the obvious signs that Jess was stealing money would only lead to her continuing to steal more money. The auditor would be putting their career in jeopardy and it would be highly unethical of any auditor to act in this way because they have a responsibility to maintain professional skepticism throughout the audit process. The other alternatives of reporting Jessica or letting her report herself to the authorities would be the right and ethical alternative to the situation. The consequences would be pretty much the same as they had turned out. Consequences for reporting Jess would be what they turned out to be. She would get punished for her crimes and on a more personal level, reporting her would lead to Will losing his best friend.

Ecology Paper Review Essay

It is necessary to note that information provided on both sites is rather interesting and important, because it reflects the latest events and trends in ecological issues. Both sites are devoted to ecological problems discussing climatic changes, global warming, birds’ migrations, etc. for example, it is interesting to know that, according to the National Climatic Data Centre, the year of 2006 is considered the warmest year in the United States, though in the global context 2006 takes only the sixth place. It is mentioned that the previous warmest years in the UA was ranked 1998 caused by El Nino exacerbated warming. El Nino appeared this year and caused the effect of global warming leading meteorological offices to predict that â€Å"worldwide average tempts would hit a new high in 2007†. (Warming Trends 2007) According to statistics the hottest ten years noted in records have been logged since 2004: â€Å"The past nine years have all been among the 25 warmest years on record for the contiguous U.S., a streak which is unprecedented in the historical record†. According to reporter from New York Times, global warming becomes a fundamental factor affecting annual climate reports meaning that global warming is one of the serious problems not only in the USA, but in the rest of the world. (Warming Trends 2007) It is necessary to underline the article â€Å"Poverty & the Environment† providing discussion of economic and environmental injustice. For example, the author thinks that poverty and environmental degradation are combined factors characterizing the USA. Certainly, the lower income the family has, the higher the chances to be exposed to toxins either at home or at work. Apparently, low-income families have greater risk to develop asthma or cancer caused by environmental factors. Not all families are able to afford healthy food and safe outdoor spaces. Furthermore, such families are more vulnerable to human-made tragedies and natural disasters. The author says that â€Å"the worst consequences of environmental degradation are visited on the homes, workplaces, families, and bodies of the poor†. Nowadays more than 12% of the US population is behind the poverty line. (Poverty & the Environment 2006) References â€Å"Poverty & the Environment†. (2006, February 13). Retrieved January 11, 2007, from http://www.grist.org/news/maindish/2006/02/13/pate/index.html â€Å"Warming Trends†. (2007). Retrieved January 11, 2007, from http://www.sierraclub.org/compass/