Systems Thinking Essay Example | Topics and Well Written Essays - 1000 words

Systems Thinking - Essay Example The task undertaken by every employee in different tiers could vary in nature and hence the activity transfer across two levels need not be identical. Or the rate component in the system is varying. The auxiliaries refer to the actual or nature of work undertaken by the employees that decides on the influence of the rates with the levels. The system refers to the organized collection of activities or smaller systems referred to as subsystems integrated to produce a larger goal. The inputs that go into a system might be different and these inputs are subjected to certain processes, which leads to outputs and hence contributes to the overall goal of the system. Hence, if an organization is considered for example, the system of organization includes various sub-systems of minor organizational functions like accounting, administration, production, marketing, sales etc. Thus, if any one part of the system is disturbed it would be reflected in the overall performance of the system and it is referred that a system is systemic. The income and wealth can be related to a single system loop. From an organizational perspective the wealth rises when revenue from sales increases. The increase in sales occurs when the organization achieves higher production rate coupled with identification of newer markets, innovative product desig ns and finally better sales performance. These activities are possible only when the organization is able to employ and retain better talents with better salary and incentives for performance. Thus higher salaries have resulted in higher production and higher revenue generation and thus increased wealth for the organizations. On the other hand, if the wealth of the organization could experience a beating if the income to employees are not given proper attention. Lowered income or reduced perks and incentives would lead to dissatisfied group of employees that would either result in increased agitations or lowered production which results in lesser revenue and lowered wealth of organization. The causal loop in this category is shown in Figure 1. Firm WealthIncome of employees Productivity of firms Figure 1: Casual loop diagram for an organization This could be understood in detail by comparing the example of digging of minerals from the ground with manufacturing of cars. The digging of minerals is set of separated processes that have hardly any influence on the other. On the other hand the manufacturing of cars have a different approach. The manufacturing process represents the system and the minor activities in it refer to the sub-systems. Any small disturbance to the sub-systems would detail the smooth run of the system and it the systemic nature of the manufacturing process could be easily understood. While in the case of mining operations even if a small volume of the mined objects are not properly lifted, it is not to cause any serious disruption of the entire activities. Thus the mining operation doesn't represent a system model because of its nature of operations. Further, digging minerals is an exploratory work. The results are unknown and it is subjected to large extend of corrections in the whole process. Even if ex ploration is undertaken for a significant depth it is not necessary to attain the desired level of resource base. Thus clearly distinguishable

Suburban Sprawl (Environmental Issue) Essay Example | Topics and Well Written Essays - 1000 words

Suburban Sprawl (Environmental Issue) - Essay Example These hazards being talked about refer not to only to body health issues but a rapid jump in mental health issues, prompting the former vice president of the U.S Al Gore to comment that the urban spread is like â€Å"cookie-cutter monster.†(Brooking Inst, 1998). While supporters of urban lifestyles contend â€Å"consumers prefer lower density neighborhoods and that sprawl does not necessarily increase traffic.† (Moore, Henderson, 1998). Nevertheless there is evidence that urban sprawl is one of the primary contributing factors to the specter of inner city degeneration. By pulling economic resources out of communities that are already existing and diffusing it into new and unconnected developments away from the current core, older communities get neglected and are led to ruin. These new developments are subsidized heavily to create newer roads, water and sewer infrastructure, new schools and enhanced spending on police and fire protection. While urban spread directly inf luences new lawns using ever more water and the use of chemical fertilizers as well as pesticides, it displaces native plants, which have not needed constant watering. It could be concluded that Sprawl wastes tax payers’ money With the population of the world exceeding 6 billion already and progressing toward doubling by the 22nd century, it is estimated that 95% of the new inhabitants of the planet earth will be living in urban areas. When compared to the fact that only 15% of the world lived in urban areas as recently as 1990, the task to manage urban sprawl is both vital and urgent. If not the exponential growth in urban dwellers combined with Socio-economical, geopolitical factors, with the certainty of limited land availability and in -efficient planning is certain to create cities that devour land used for other purposes historically directly influencing equally important aspects such as food security. Combating urban sprawl has two major forms of endeavor both, which i nclude detailed planning. â€Å"The first, the French/British/European tradition, considers urban planning a matter of public health and focuses on strong land- use regulation, public-sector investment, and civic design. The second tradition, born in North America, focuses on zoning and subdivision regulations within a context of strong private property rights† (Calthorpe, 2001)). Peter Calthorpe a New Urbanism thinker and architect illustrates the differences in these two styles by flavoring the European model a more ecological model and the North American planning model a more mechanically motivated model. The European model appears to be the antecedent to the concept called smart growth, and the other of developing efficiencies through zoning. The search for solutions to urban sprawl has given birth to various special-interest groups that promote a concept termed SMART growth at all levels federal, state, and local government. This might look nostalgic with a promotion of return to the city lifestyles of the last two centuries. Living in smaller apartments or smaller land plots with the emphasis on limiting transportation to bicycles or simply walking. Smart growth can be defined as the prevention of urban sprawl through meticulous planning with associated restriction to

Opportunities and risks of FDI in China

Opportunities and risks of FDI in China China, the worlds biggest and most populated country, which has fourth largest area in world. There is not a single aspect in which china is running behind. All the sectors for China are really working fast with fastest growing rate of economy of any major nation. The countrys GDP ratio is so high, economic structure is working good, social and cultural aspects for business and country is bilateral. But when it is not always true, that all the countrys can enjoy success rate much than failure. There are some sections where China needs to look after like, education, health and safety and environmental crisis. As it is a developing country, there are chances of increasing their business prospective in very huge sense with our developed or developing country. According to the news, China and the rest of the world have become closely interconnected with its large territory and population which guarantees the environmental impacts on all over the world. From the point of view of world, they try to increase these impacts by means of the trade and investment which fuels Chinas rapid economic growth. From the business sector aspect, the trade was negligible before 1980s and even FDI in China was nevertheless negligible till 1991. But the way they are accelerating their fast moving economy which is almost exponential. In economic terms there was 40-fold increase in international trade between 1978 and 2003. Therefore, there are several aspects we need to look at in order to find out the success ratio for Chinese Economy. In following article, we have tried to cover the main aspects of the Chinese strengths and weaknesses, as well as other factors such as political, legal and investments and so on. According to the analysis and research we did, the important aspect for Chinese government are legal, political, motivation and obstacles for multinational firms to invest in the country, sectors or industries likely to attract FDI and what are the reasons, there can be possibility of bigger risk for foreign companies which would like to enter in this country and how can these risks be reduced and so on. The political/legal environment: A very good aspect of global marketing is legal/political features. A binding of rules and regulations with their own principles of state and nations is known as International Law. There are two different characteristics, the first is a law which belongs to an individual in a country and that particular law only exists to certain amount of degree that an individual nations are willing to relinquish their rights. The second law is, lack of truly comprehensive international legal system, which has an adequate international judicial and administrative framework for the countries legal system. If we talk about international business, than it will also relate political decrees which are made by government for different home and host countries. There can be different measures which government would like to consider maintaining enough funding and operating smoothly in host country. Host governments take measures like taxations, ownership controls, operating restrictions or expropriation. Whereas for home country government, they take measure like make deal with eligible and approved parties, in order to avoid frauds and to grant an export licence, or withdrawal of export guarantee cover. Availability of the legal or political system as if like, ideology, nationalism, stability and international relations out of which the main features are best described to know legal and political implications: Expropriation: This can be the main possibilities of investor which may try to reduce their risk of doing business in the country. There are certain points which need to be considered while doing business in China. The country should try to make the business transactions so easy, as in case of local supply infrastructure which will help the people to believe in new entrants of the company with similar tastes, whereas it will reduce any adverse action/damages for the host country. In a way, this can be benefitted to both home and host country. Host country should try to make rapid depreciation of assets and repatriation of funds, if in case, there are uncertainties occurring in China, due to which the company has to wind up, it will also helpful for the company to stand with the loss if they are occurring. For the assets and funds they can be transferred at manipulated prices. For Chinese market, whenever any new company or MNEs wants to enter, they should try to invest as much as they can in order to maintain the stability of the market status, as well as they know the tastes of Chinese people which might be helpful for the host countries companys. To maintain the local stock market rates at the same levels, the company has to retain the control of critical inputs. That means, whenever they share any market share with higher price, needs to maintain the prices of those markets shares within the country. Even to make it low prices in order to earn profit, the company needs to maintain their cost of products to certain limit. Incentives: There are different aspects of providing incentives to motivate their workers, employees, public and for their own benefits. There are many countries which try to reduce their own potential risk of promoting their products, brands or advertising its products in different markets. Therefore, many countries try to reduce perceived risk of advertising or promoting inward investment as they are not tied with sharing, during the condition of tax breaks, free posts, free trade zones etc. this type of barriers affects the countries economy, as for example government tries to attract mobile investor, or considering the scheme for poor local skills which might be withdrawn once capital has been accumulated. It is same in the case of incentives which depend on feasibility of incentives compared to real return on investment? Assessing political vulnerability There are political aspects of economy, which create helplessness for the host and home countries business and its growth. Following are some the crucial aspects which we found out are the main features to make the companys profit or loss in host country. Even Chinese economy could not deny to these aspects: For a new MNEs entering in to any new market, needs to create good relations with its legal, political, CSR and environmental aspects, as in case of its own home country. The products should be good in quality, sensible to consumers, and trustworthy relationship with customers industry. Company needs to keep in mind the area and location of it growth. In order to reduce miscommunication, code of conduct, health and safety and good operating services. Promotions of the products, brands and services are much more important for success. Therefore, visibility of the firm is must, in a way advertising the products in host country gives huge public entrance with competitors. As we have discussed different political and legal aspect of host countrys in order to work out strategy accordingly. Contribution to the host country, that means, giving charity, investing in shares or stocks, merging, partnerships, joint ventures, providing employment, good salaries to employees, motivation, incentives, and pensions to the current workers and so on, it is important to bring up a good goodwill in host country. Localization of operations, in order to reduce import-export duties, getting cheaper rates of raw materials, cheap labor, etc. Marketing implications After discussing the internal implications, we can also describe briefly the main external implication which might be the reason for failure in host country. International law on marketing operations is multitude or crowded. Price controls/decisions- taxation, value added systems, resale price value/maintenance, price freezes after certain level in inflation. Distribution- channel of retail or wholesale agents or distributors, physical distribution or manufacturing the products on your own, insurance policies for products, brands or patents. Product decisions- includes designs of products, healthy and safety measure for using that product, overall performance measurement, packaging, labeling and warranty of the products. Promotion- advertising for the products and its services is must, product restriction includes within which age group the product can be used to reduce dangers with peoples life, and sales promotion for products gives better results. The most important market research- collection of details which are required by local public, tastes of particular brand, stock valuation, storage capacity for delivering goods to different areas and transmission of data to its local branches. Reasons for sectors and industries which are more likely to attract FDI in China: What is FDI? FDI means a multinational or transnational firm which engages in Foreign Direct Investment and owes its controls with value-added activities in more than one host country. The most used and widely accepted by data collecting agencies such as organization for Economics Co-operation and Development (OECD), UNCTADs Division on Investment, Technology and Enterprise Development (DITE) adjoined with national governments and supranational entities. There are main points for the development of Chinese economy which are mentioned below: 1. There has been a positive development trend for Chinese economy, as the economy provides a huge entrance for FDI. In this situation and circumstances, the growth of global economy will rise slowly but the highly developed countries like US and Japan will grow slowly as Chinese government guide lines describes expansion of internal demand, implement of positive financial policy and steady monetary policy which will try to accelerates the adjustment of economic structure in Chinese economy. From this aspect further expansion is possible which will open outside world and will run actively and steadily to promote the reforms which will be in favor of Chinas situation as well as its legislation of market economy, it will boost the overall quality and benefit of economy to run smoothly, which will maintain a strong bond with home and host country with its individual growth. 2. With stable political situation, Chinese economy has encouraged FDI as a part of its main entry policy. For certain period of time, the government itself was taking part to consider foreign direct investment in China which resulting made continuous efforts in improving or growing FDI investment. It was also protecting legal rights and interest of foreign investors. 3. After having FDI in China, foreign firms were attracted to start its business in order to earn like the foreign investors. Even some of the firms who invested experienced success in China. Since last 20 years of Chinas restructuring and strengthens of foreign investors in investing in Chinese Economy increase confidence of every individual to make first choice for every firms, MNEs or joint ventures to work in China or start Business in China. 4. Broad Market Potential: As now we all have an idea that China has got highest population with highest growth rate like developed country. The economy is fast growing, and domestic market of its services and products are massive. This is all because of Chinas consistent political environment; low labor cost with high quality of work, whole range of industries, and return on investment is good and so on. In a way China exhibits strengthen and charismatic attraction to an number of foreign firms and enterprises or MNEs. Motivation and obstacles for MNEs to invest in the China: Market size and growth MNEs need more space to wide-spread their rapid growth and they have comfortable market environment in China. E.g. Tesco Cheap labor cost As China is highly populated country and in this country people are ready to work at any cost, the concerned to earn money for their normal standard of living. Exchange rate The huge difference is currency rate. For example, if US wants to start a business than it will double profitable from the budgeted cost for starting a new business, as they can export- or can get each and every raw materials from China at cheaper rates. High investment return As we have studied, FDI has improved the economical level of China; therefore we can say every country is dreaming to start its ventures in China due to this reason, as before we earn profit we can earn money from the investment itself. E.g. shares, funds and charities Government incentive Policies Local government system is quite compatible to motivate and encourage business to do in China, though is not in case of internal motivation but when it comes to business, the different policies are benefitted for outsiders. E.g. free trade zones, loans, etc. Political stability Rules and regulations are not frequently changing with government; therefore it will be benefitted for new MNEs to enter as they dont have to think about any new shortcuts to enter or any other changes with its business working structure and strategies. Part of companys globalization strategy As we know that china is booming with all the aspect all over the world, that means if the countrys economy is booming, there are chances of new entrants to hit the set targets and run business successfully rather than home country. E.g. Wal-Mart Serving as an export platform Being a mediator China serves all the main countries its varieties of goods, technologies and cheap labor. E.g. watches made in China and sold in USA/India with a brand name, as well as toys. Chinas advanced technology This point is not much used by any MNEs as we all have idea about Chinese technological power, what sort of machinery they use for manufacturing and production. Therefore, for MNEs they dont have to worry about its production of goods, as it can be made with cheap labor, materials but with consistent quality. Chinas weak Indus. infrastructure Infrastructure doesnt really matter as the people in China want to adopt western trend, but they are facing constraints while adopting it. The reason might by cultural. Obstacles for MNEs firms to invest in Chinese environment: Political stability This factor can be weakness, as there is no improvement in political aspect of country so there are no chances of MNEs to innovate something new, or nothing such which is beneficial to MNEs Unsatisfactory foreign trade policy Trade, tariffs, subsidies- aid and loans, custom valuation. Whereas regarding the quotas, MNEs needs to consider- Buy Local Legislation, standards and labels, specific permission required, administrative delays, reciprocal requirements, restrictions on services. These factors are not up to certain limit to satisfy the Foreign firm. Regulations not strictly implemented Legal and illegal actions can take place while doing new business or continuing business. The laws which a business man is bound to follow, which are not being followed properly to maintain sustainability of economy. Unsatisfactory banking system The rates for interest, return on investment and etc., are not too enough for MNEs to get its return with double profit. Even the facility of banking is not sufficient for the new company to enter in China and provide every information/database. This can be the important aspect to be a huge obstacles as employees of the companys who has got bank account will not get up to the mark information, resulting failure. The development of business related industry China is huge in area, so in order to increase GDP, China is out sourcing too much to get the companies in to China for employment, high standard of living, good infrastructure etc. Low productivity Because of cheap labor and materials there are chances of doing fraud with public by providing them duplicate products and earn profit. Risks for entering in to market and how to reduce the risks in host country: Risk is such a big factor, which will consider by every firm, organization or enterprise as hindrance towards success. Even in here, there are different aspects of risks, which includes social, economical, political, legal, environmental and technological. But there are certain features which are the main to consider while you enter in host country. Some of them have been discussed below: Build strategies to recruit and train capable managers: In this case, there are many graduates from Chinese business schools, but they are lacking necessary skills like team leading, managing targets and so on. Chinese universities have formed partnerships in order to get successful and efficient employees to work within the companys environment and its management curriculum. They are providing trading promises for future employment by doing partnership with MNEs. firms are being trained properly, capable and intelligent Chinese student to get jobs in host countrys company. Safeguard intellectual property rights: Confidentiality is much more important while starting a new business in host country. Therefore foreign companies need to be cautious while transferring any important or proprietary information regarding its business growth or its development in china. There are chances of information being stolen and privacy for business strategy, budgets, and employees details can be hacked. Firms can pursue legal action for its patent but they are finding difficulties to maintain within Chinese border. With the help of technological development firms are being operated with creative solutions like existing computer code, alliances with Chinese partners, and joint ventures for production and patents for local public use. Some of the firms have found the solution for their problem, an opportunity of greater chance of influencing Chinese policy and enforcement strategies, which will help a lobby to speak for many parties or it can be a representative for one. Understand the competition. To bit the cut throat competition, Chinese are not competing home countries companies but they are also challenging host countrys company. They work on strategy which emphasis on production of high value added products, which resulting in to increase in amount of production or benefitted for foreign firms over Chinese companies. From the Chinese companys opinion, they are not aware about particular design, marketing strategy or any new distribution channel system. Therefore they are required to have experience for the same. Diversify risk: Corporate governance and strategy in China is very crucial as the elements of RD, production and supply chains are not present or not concentrated in any one Chinese province or region or overall Chinese border. Develop strategies to maintain CSR: After being followed first step, employees and local workers are being trained by foreign firm, as well as they invest for their education and in philanthropy/return firms will support host countrys charities which might be helpful for them to construct strong political relations locally. More or less Chinese communities are sensitive, therefore to perceive anything as corporate efforts to change the infrastructure and development of its country, according to western prescriptions. Have an exit strategy: All over the world, everyone is aware that China is emerging economy and everybody praises that. It will be the most attractive market with new development and emerging strategies within next few years. After all this compliments and comments, the long term perception is more likely uncertain. The reason is they dont have political institutions like India, to minimize/reduce long-term risks of sweeping political change. So it is worth to be secure for long-term profits, as if it prematurely cashes in its chips and moves out. So its better to have an exit strategy as plan B, if plan A doesnt work.

Market Structure Essay -- essays research papers

Market structure is defined as the particular environment of a firm, the characteristics of which influence the firm’s pricing and output decisions. There are four theories of market structure. These theories are:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬ ¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Pure competition   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬ ¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Monopolistic competition   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬ ¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Oligopoly   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬ ¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Monopoly Each of these theories produce some type of consumer behavior if the firm raises the price or if it reduces the price.   Ã‚  Ã‚  Ã‚  Ã‚  The theory of pure competition is a theory that is built on four assumptions: (1.)There are many sellers and many buyers, none of which is large in relation to total sales or purchases. (2.) Each firm produces and sells a homogeneous product. (3.) Buyers and sellers have all relevant information about prices, product quality, sources of supply, and so forth. (4.) Firms have easy entry and exit.   Ã‚  Ã‚  Ã‚  Ã‚  A pure competitive firm is a price taker. A price taker is a seller that does not have the ability to control the price of the product it sells; it takes the pri...

Belonging Notes Essay

†¢ Different environment& atmosphere contributes to our sense of belonging. †¢ Adapting after a while strengthens the sense of belonging, knowing the place a bit, feeling comfortable. †¢ Shifting back to civilization, feels out of place, not belonging, shifting in with different surrounding. †¢ Upbringing places a part in our sense of belonging †¢ Technology-internet-find someone with the same interest and sense of belonging kicks in. E.g. Facebook, Twitter, Bebo, Myspace. †¢ Perspective of others shifts our sense of belonging †¢ Obstacles and struggling creates a feel of not belonging and break apart a sense of security. †¢ Enjoyment and change of attitude (positive) helps build sense of belonging. †¢ After being placed in a different place, conditions, our experience alters our sense of belonging Example: Going on holidays and returning home, takes a period of time to feel the feeling of belonging again. †¢ Preparation doesn’t help with the sense of belonging. †¢ Being familiar to the way and knowing the comfort zone (when you are at a place you don’t know/never been to) – supports sense of belonging. †¢ Stereotype media – acceptance only through appearance- determining whether you belong or not. †¢ Belonging is a choice. †¢ Knowledge and stereotype makes others feel like they don’t belong. †¢ No desire to change – belonging †¢ Belonging is a journey †¢ Individuals don’t feel like they belong due to self and the desire to not change. †¢ Belonging is everywhere, what you wear makes you belong to a certain brand, it all comes down to you whether you want to belong& who wants you to belong. Remember along with â€Å"belonging† there is always â€Å"isolation† that follows. Responses †¢ Stronger responses – shows the relationship/ significant between texts. †¢ Why do people do the things? – REPRESENATION e.g. why does the characters do those actions/ Why has the author/ artist/ producer make or use certain  techniques instead of the others. * Choice of language, form, features and structure shape the meaning and influence responses. The choices are affluent by a composer’s sense of belonging. †¢ How is the concept of belonging conveyed through the text, people, relationships, ideas, places, events and society? †¢ Does it make a difference where the character belongs? †¢ Share some values of feelings -understanding a world in a different way – shape in a peculiar way, different society- assumption to being Australian. †¢ Possibility present by a sense of belonging or not belonging Perception †¢ How an individual perception of belonging or not can vary, is shaped by his/her personal, cultural, historical and social context. ASPECTS OF BELONGING: †¢ Experiences †¢ Notion of identity †¢ Relationship †¢ Acceptance †¢ Understanding FORMULA TO ANSWER QUESTIONS: †¢ Identify †¢ Exemplify †¢ Explain †¢ Extrapolate SHORT STORY!: †¢ Do not abuse the concept of belonging too strongly †¢ Don’t use the word belonging †¢ Exclusion, acceptance, struggle †¢ Keep it simple, focus on the concept †¢ IMAGERY!- BOLD, CREATIVE COMBINATIONS TO ACHIEVE ORIGINALITY †¢ Simile, metaphor or personification †¢ SHOW DON’T TELL †¢ Short story-hook reader in the first two lines, straight into action †¢ Explode a moment, two characters, one setting †¢ READ SHORT STORIES †¢ Turning point-climax-should not be death-with too quick-carefully state the relationship. TWIST&A TALE †¢ Dramatic beginning †¢ AVOID-irrelevant background info on your character †¢ Character should be revealed through dialogue and actors. †¢ Avoid: lots of internal dialogue †¢ Use experience of own †¢ Close to own world-reflect truth (you can utilize jargon to add a little touch of truth.) †¢ Use paragraphs! †¢ AVOID romance (genre) &Fantasy†¦ YOU HAVE 40 minutes to WRITE A DECENT STORY! †¢ Allow the audience to add to the story †¢ DO NOT CONCENTRATE ON THE PLOT – YOU WANT TO SHOW BELONGING! †¢ Recommended to be 4 PGS †¢ Note: The creative writing section to Paper One does not have to be a narrative. EXAM †¢ Have at least two great storylines YOU CAN TWIST to suit any type of belonging questions. †¢ Remembering a story can be risky especially if you walk into the exam and through the reading time, you might have a panic attack. Dos & DON’Ts †¢ Let the Q drive and shape your response †¢ Blend your understanding of belonging with the question †¢ DON’T put the questions in your introduction †¢ Thesis or statement throughout response – A MUST †¢ Use the text to support or challenge the thesis or concepts †¢ SPECIFIC TOPIC+ ATTITUDE/ANGLE/ARGUMENT=THESIS †¢ What you plan to argue +how you plan to argue it=THESIS †¢ DO NOT RE-COUNT OR RE-TELL TEXT †¢ ANALYSIS&EVALUATE TEXT †¢ NO OPINION FOR READERS ESSAY STUFF 1. Thesis-map guide reader 2. Connection between text, comparison or pattern 3. Techniques and contrasts 4. Use cohesive devices E.g. similarity, by contrast, parallel 5. Use topic sentences 6. Support all statement with references to text 7. Vocab for belonging – the better your vocab and structure contributes to an AWESOME MARKS! 8. Quotes + short quotes – support what you say, don’t put any quotes that does not support thesis. (Short quotes are best, try to integrate them in your sentence& they are easier to remember – it’ll provide the flow for the reader/marker when they are reading†¦. Remember they are reading a trillion PAPERS with some hideous handwriting.) Related pieces FILM †¢ JUST FIND ONE PART OR SECTION TO ANALYSIS †¢ PICK TEXT THAT MAKES READER STAND UP-FIND OWN †¢ Integrate the HOW techniques+ make it personal †¢ Don’t try to write everything down: capture key points †¢ 3-5 related pieces recommended BUT THREE SHOULD BE MORE THAN ENOUGH! Things to remember when choosing your related texts: †¢ Try and get a variety of different types. E.g. If you are doing a novel, go searching for a visual piece such as a film or artwork or a picture book. E.g. Frida Kahlo, Kathe Kollwitz. †¢ QUALITY: Do something that you know not many people will do; YOU WANT TO STAND OUT OF THE CROWD and show the markers you know your stuff. †¢ Make sure you can connect your text to belonging†¦ REMEMBER it does not have to be similar to your prescribed text as long as it has some sort of representation of belonging. †¢ Does it play your strength? Try to do something you are passionate or interested in. You will do so much better. †¢ DO NOT FORGET YOUR THESIS! SHORT ANSWERS †¢ Be Specific †¢ Can capitalize on other answers to answer another question. †¢ WRITE ACCORDING TO MARKS – if it id worth two marks DON’T write HALF A PAGE! †¢ TIMING- BALANCE!!! †¢ In this section LOOK for anything that symbolizes a connection, affiliation, relationship AND OF COURSE BELONGING! †¢ Main questions are HOW? & WHAT? 11 points concerning belonging 1. Family 2. Friends 3. Belonging to place/national identity 4. Race 5. Religion 6. Political 7. Profession 8. Lifestyle 9. Learn spirit& shared identity When studying for English. †¢ HAND WRITE!!! †¢ TIME yourself †¢ Find a quiet environment where you will not be disturbed for a certain time. †¢ PRACTICE! Break down the paper if you want †¢ Get any questions on â€Å"Belonging† pick up your pen and WRITE&WRITE! †¢ The teachers are there for a REASON SO USE THEM- this goes for all subjects! If you don’t understand something shovel your hand up in the air, it is likely that others don’t understand it too OR chase after them at recess/lunch. †¢ Place quotes around the house like a crazy person on colorful cardboard and stick them around the house WHERE YOU KNOW you will always see them. †¢ When you have time do not leave it to the last minute. Grab your notes out and start cutting it down. It is a killer when you have to do it A WEEK before the actual HSC exams. †¢ If you know your stuff, you should be confident in crashing and burning the HSC AOS English paper!

Evidence Law – Imposing Legal Burden of Defendant

Imposing a legal burden upon a defendant will negate the principle of presumption of innocence. If a defendant has to prove their innocence than it would automatically and unconsciously bring up the issue that they were never considered innocent until proven guilty. The presumption of innocence was first articulated in the case of Woolmington v DPP [1935] AC 462, 461 where Viscount Sankey LC stated that: ‘Throughout the web of English criminal law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner’s guilty subject to†¦No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained’ This statement of the nature of the legal burden of proof in criminal trial is basically a summary of the important presumption that highlights our criminal justice system, that a person is presumed innocent till proven guilty. In the case of McIntosh v Lord Advocate [2001] 3 WLR , Lord Bingham referred to the judgement of Sachs J in the case of State v Coetzee [1997] where the importance of the principle as explained.Lord Bingham explained that: The starting point of any balancing enquiry where constitutional rights are concerned must be that the public interest in ensuring that innocent people are not convicted†¦ Hence the presumption of innocence, which serves not only to protect a particular individual on trial, but to maintain public confidence in the enduring integrity and security of the legal system’. The presumption of innocence is supported by the European Convention of Human Rights; Article 6(2) states that ‘anyone charged with a criminal offence shall be presumed innocent until proven guilty according to law’.Furthermore the Human Rights Act 1998 supports the presumption of innocence as well as the European Convention of Human Right s. An issue that is faced by the court in respect of cases is whether imposing a legal burden of proof on the defendant will raise issues with article 6(2) of ECHR as well as the Human Rights Act 1998. In addition the same can be said about legislation that imposes a statutory defence for the defendant to use, and in order for them to use that defence they will bear the legal burden.Even at Common law Lord Viscount Sankey himself stated that it is upon the prosecution to prove guilty, but if a defendant uses the defence of insanity than he shall bear the legal burden of proof. Despite the rule in Woolmington v DPP, there are circumstances where the burden of proof does pass to the accused. This is known as the ‘reverse burden’ or reverse onus’. There are many express statutory exceptions to offences which place’s a legal burden upon the defendant and failure to do so could mean a potential conviction.The Homicide Act 1957, s2(2) imposes a burden of proof o n the accused in relation to suffering from diminished responsibility. It states: ‘On a charge of murder, it shall be for the defence to prove that the person charged is by virtue of this section not liable to be convicted of murder’. There is similar reverse burden on the accused to prove insanity under the common law rule in M’Naghten’s Case [1843] 10 CL & Fin 200. Furthermore the Magistrates Courts Act 1980 s101, places a burden on the defendant but impliedly.It states that ‘where a defendant relies for his defence on any exception, exception, exemption, proviso, excuse or qualification†¦ the burden of proving †¦. shall be on him’. In the case of R v Edwards [1975] QB 27, the defendant was convicted of selling alcohol without a license. The defendant tried to appeal on the grounds that prosecution had not produced any evidence in relation to him being granted a license. The Licensing Act 1964, section 160 clearly states ‘if any person sells†¦ any intoxicating liquor without holding a justices license †¦ hall be guilty of an offence’. The appeal was dismissed on the grounds that under common Law, where a statue forbids an act in certain situations, the court could interpret such that the burden of proving that situation, including granting of a license could like on the defendant. In addition to this s1(1) of Prevention of Crime Act 1953 clearly states that ‘Any Person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence’.This is example of implied statutory exception which imposes a burden of proof upon the defendant. Another example of a case where it was impliedly stated by statue is the case of Gatland v Metropolitan Police Commissioner [1968] 2 AII ER 100 QB. A lorry driver drove into a builder’s skip which had been left in front of building were builders were working. The owners of the lorry claimed against the company which supplied the skip. It was held that the burden was on the rosecution to prove that the skip had been left outside the building and that it could have caused danger to the driver, the burden was on the defendant to prove that it was there with ‘lawful authority or excuse’, this was due to the Magistrates Court Act 1980 section 101. However the courts have imposed limitations on this principle and this was portrayed in the case of R v Hunt 1987 AC 352. This case involved the defendant being convicted of unlawful possession of Morphine in respect of section 5 of the Misuse of Drugs Act 1971.The regulation provided that section 5 will have no effect if the morphine was less than 0. 2%. The defendant tried to appeal on the grounds that prosecution had failed to adduce enough evidence on the proportion of morphine. The trial judge at first instance upheld the conviction and stated that the legal burden fell on the defendant to prove. The defendant appealed by leave of court, and Lord Griffith gave a judgement in that since Woolmington v DPP [1935] a rule was not established that the burden of establishing a statutory defence lay on the defendant only where the statue expressly provides it.He also referred to the case of Nimmo v Alexander Cowan & Sons Ltd 1968 AC 107, where it was agreed that it was not clearly stated that the burden would like on the defendant, and that the courts should take into consideration what the intention was of the Parliament. Lord Griffith went onto say that section 5 of the Act only made it an offence to carry the illegal substance in possession. So therefore it was up to the prosecution to prove that the substance was carried in an illegal form. The burden was on the prosecution to prove that the substance was unlawful and also that the morphine was not in a legal form and not under 0. %. The appeal was allowed and the defendant’s convic tion was quashed. This case illustrates that the courts are not always willing to place the legal burden on the defendant especially when statue is not clear as to the intention of who would bear the burden. Following the performance of the Human Rights Act 1998 section 3 the courts have been required to consider whether the imposition of the burden of proof on the defendant is incompatible with the right to a fair trial under Article 6 ECHR. It also should employ the attitude that all reverse burdens f proof should be viewed as evidential burdens rather than legal, at least for offences with an identified guilt and rigorous sentences. In the case of R v Lambert [2001] 2 Cr App R 511, HL, the defendant was convicted under section 5 of The Misuse of Drugs Act 1971 for possession of cocaine with intent to supply and was sentenced to seven years imprisonment. He relied on section 28(3)(b)(i) of the Act as a defence that he did not believe or suspect, or have reason to suspect that he w as carrying the cocaine.The judge directed the jury in agreement to the law that the prosecution only had to prove that he had and knew that he had possession of cocaine in his bag. The Act imposed a reverse burden on him in relation to this defence. On appeal against the conviction, the defendant tried to argue that the reverse burden that he carried contravened Art 6(2) even though the HRA 1998 was not yet to come into force. The court of appeal held that because the Act had not come into force he could not rely on the convention rights.The result of s28 of the Act was to impose only an evidential burden on the accused, as imposing a legal burden on the defendant would contravene Article 6 of ECHR. It was addressed that imposing a legal burden on a defendant would require a high level of explanation to be actually compatible with Article 6. Lord Steyn said that the burden is on the state to show that the legislative means adopted where not greater than necessity. He also went to e xplain that there must be a ‘pressing necessity’ for a legal burden to be placed upon the defendant.However in the case of R v Johnstone [2003] UKHL 28 HL, the defendant as charged with an offence under s92 of the Trade Marks Act 1994, in relation to production and sale of counterfeit CD’s involving reproducing the trademarks of the various artists. The defence that could be relied on was under s92(5) which claimed: ‘It is a defence for a person charged with an offence under this section to show that he believed on a reasonable grounds that the use of the sign in the manner in which it was used, or was to be used, was not an infringement of the registered trade mark’.It was held that the placing of a legal burden of proof on the accused was compatible with article 6 of ECHR. Lord Nichollos gave the judgment that ‘Given the importance and difficulty of combating counterfeiting, and given the comparative ease with an accused can raise and issue a bout his honesty, overall it is fair and reasonable to require a trader, should need arise, to prove on the balance of probability that the honestly and reasonably believed the goods were genuine’. This clearly indicates that in certain circumstances the ECHR article 6 can be infringed upon if the crime is detrimental in society as well as raising issues of honesty.It can be inferred that the decisions made in Lambert and Johnstone have caused friction as both offences have given way to a defence through statutory exceptions. In Johnstone it was only an evidential burden that was placed in the defendant whereas in Lambert a legal burden was placed. However a common ground which both cases have come to is that a case would have to have great justification to go against article 6 of ECHR and the Human Rights Act 1998. An issue that arises is what would constitute as having great justification and that there is a lack of clarity in this.It can be said that judges have not interp reted properly statutes that impose a burden of proof on the defendant, and therefore cases are resulting in different outcomes. Furthermore this can be seen again in the case of Sheldrake v DPP; Attorney General’s Reference (No 4 of 2002) UKHL 43 HL. The hearing before the court was raised as a result of two different cases. The first case involved the defendant being charged under s5(1) of the Road Traffic Act 1988 for being charge of a motor vehicle after having being intoxicated by so much alcohol, going over the required limit.The defendant tried to rely on the defence provided under s5(2) of the Act ‘that at the time he alleged to have committed the offence the circumstances†¦. likely to exceed the prescribed limit’. The defendant tried to claim that if an evidential burden was not placed than it would intervene with ECHR article 6. It was held that, even if it did contravene Article 6, that it would be justified by the fact that it was proportionate a nd directed towards a legitimate objective.The second case involved the defendant being charged and convicted under the Terrorism Act 2000, and a defence was available from section 11(2) for a defendant ‘ that the organisation was not a proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and that he has not taken part in the activities of the organisation at any time while it was proscribed’. Take into consideration that the statue states that it is a defence to the offence, but does not state that the burden is upon the defendant to prove.The court stated that once the defendant had raised the issue and satisfied the evidential burden of proof it was up to the prosecution to rebut that evidence rather than the defendant having to undergo the legal burden of proof. It was held that in relation to s11 it would be incompatible with article 6 if interpreted as imposing a legal burden and therefore should be ‘read down’ so it only imposed an evidential burden. In conclusion to this assignment it can be seen that judges are more conscious about placing a legal burden upon the defendant as it does intervene with ECHR article 6.Judges have tried to justify in situation where a legal burden if placed on a defendant, by stating where a crime is so severe with harsh imprisonment a defendant does have to prove the legal burden. In certain situations where the reverse burden is transferred the courts are willing to place an evidential burden on the defendant rather than legal however where there is a statutory defence judges may go either way by stating that the legal burden has to be proved or that an evidential burden maybe placed.Furthermore a problem that statutory defences poses is that judges maybe unclear as to the wording of the provision so therefore there is not much clarity and confusion maybe caused. Furthermore the same can be said about implied statutory exceptions as the wording does not expressly say that the burden is on the defendant again this can cause confusion and sometimes result in the defendant having the burden. In all the courts are more willing to be flexible and only when there is a necessity in placing the burden with great justification will the courts impose a burden upon the defendant.I do agree that placing a burden on the defendant does negate the principle of presumption of innocence but I would agree with the courts that sometimes it is necessary to do so. 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