Third Party Presidential Debates Essays - , Term Papers

Third Party Presidential Debates The Second College Edition of The American Heritage Dictionary defines debate as; To engage in argument by discussing opposing points (American Heritage,369). Another definition is as follows; a formal contest of argumentation in which two opposing teams defend and attack a given proposition (American Heritage,369). The Random House College Dictionary offers this definition; To engage in formal argumentation or disputation with (another person, group, etc.) (Random House,342). So which definition is correct? We know a debate is a discussion or an argument. What has to be decided is whether or not it is between two groups or several groups. That same question has arisen in the Presidential debates of the 1996 presidential election campaigns. That question being whether or not Ross Perot and his running mate should have been included in the debates with President Clinton, Bob Dole and their running mates. In order to answer this question we have to know more about the debates history. The presidential debates are in place for the public to see and hear what the candidates have to say about issues facing the nation. While debating between presidential candidates has been occurring throughout Americas history they were limited to a small audience (Leone,_). However with the 1960 debates between Kennedy and Nixon a whole new world was opened as millions of viewers watched the debates on television (Leone,_). Those first televised debates are generally credited with giving John F. Kennedy the winning margin in a very close presidential race (Leone,_). Following the 1960 election there were no publicly televised debates until 1976, and since then the debates have become an expected and important feature of presidential campaigns (Leone,_). The confidence of the debates with widespread views of general lack of government legitimacy prompted the formation of the Presidential Debate Commission before the 1988 election thus replacing the League of Women Voters as the debate sponsors (Leone,_). What is the purpose of this commission? The mission of the Commission on Presidential Debates is to ensure for the benefit of the American electorate, that general election debates are held every four years between the leading candidates for the offices of President and Vice President of the United States (Commission,_). The commission sponsored the debates of 1988, 1992 and are planning, organizing and implementing the 1996 debates (Commission,_). The commission also has a goal that is; To afford the members of the voting public an opportunity to sharpen their views of those candidates from among whom the next President or Vice president will be selected. In light of the large number of declared candidates in any given presidential election, the Commission has determined that its voter education goal is best achieved by limiting debate participation to the next President and his or her principal rival(s) (The Commission on Presidential Debates,_). In the case of a third party the Commission also has a position. The Commission developed nonpartisan criteria to base its decision regarding selection of nonmajor party candidates for participation in the 1996 debates(Commission,_). The purpose is to identify nonmajor candidates who realistically have a chance of election as the next President of the United States and who are considered to be among the principal rivals for the Presidency (Commission,_). The commission goes on to say that the chances do not have to be overwhelming, but must be more than theoretical (Commission,_). The Commissions criteria for inclusion in the debates of a nonmajor party candidate is a review of the following questions; Is there evidence of national organization, are there signs of national newsworthiness and competitiveness, are there indicators of national enthusiasm or concern, to determine whether the candidate has a significant chance of election to warrant inclusion in one or more of its debates (Commission,_)? In order to better understand these criteria we have to look at them in greater detail. Evidence of national organization involves satisfaction of the eligibility requirement of the Constitution of the United States (Commission,_). The candidate should have placement on ballots in enough states to have a mathematical chance of obtaining an electoral college majority (Commisson,_). The candidate should also have organization in a majority of congressional districts on those states (Commission,_). Finally the candidate must be eligible for matching funds from the Federal Election Commission or be able to adequately fund a national campaign and be endorsed by federal and state office holders (Commission,_). Signs of national newsworthiness and competitiveness are described by opinions of electoral experts, media and non-media personnel (Commission,_). They include professional

Andrew Jackson Nicholas Biddles Monster Bank

Andrew Jackson Nicholas Biddles Monster Bank Nicholas Biddles bank was a great issue during Andrew Jacksons Election. At the time of around 1832, the bank was the only nationwide bank and exerted tremendous influences over the nations financial system. Andrew Jackson was very much against the renewal of the “Second Bank of the United States”, because he saw it as a huge monopoly since it was a private bank managed by a small group of people. With the Bank President being Nicholas Biddle, Andrew Jackson went after him.The very first national bank was founded in 1791 with support of Alexander Hamilton. The bank was authorized for a twenty year period during James Madisons tenure in 1816. Unfortunately, the First Banks charter expired in 1811 under President James Madison. Fortunately, the Bank was revived in 1816, as what we now know as the Second Bank of the United States. James Madison and Congress saw the bank as a good way to control the current inflation after the government found that it was in a considerable amount of debt from the “War of 1812”.78 year old Andrew JacksonThe now infamous Nicholas Biddle was given the position of the Banks director.Who is Nicholas Biddle Anyways? Biddle was born in Philadelphia, Pennsylvania, ancestors of the Biddle family that had previously immigrated to Pennsylvania with William Penn, and fought in the famous Pre-Revolutionary Struggles. Biddle was a very well educated man, he began his education at a very prestigious academy in Pennsylvania. Because of his rapid success with education, he enrolled at the University of Pennsylvania at the very young age of 10. Surprisingly, the University refused to award him with a degree because of his young age, so he transferred to Princeton and graduated in 1801; He was awarded as the Valedictorian at age 15. Later in life,

Observation paper Essay Example | Topics and Well Written Essays - 750 words

Observation paper - Essay Example Olive Garden has an organizational culture that emphasizes family values and continuous employee growth. Martin (2002) defined organizational culture as composed of different manifestations, including stories, rituals, practices, language, and physical arrangements (as cited in Keyton, 2011, p.20). As an employee of Olive Garden, the student has firsthand experience of what it is. In terms of stories, employees talk about their family at work and their work with their families because that is what Olive Garden wants to achieve- a sense of family bonding within the company. The organization’s rituals are composed of daily operations, including keeping the place clean and homey and the guests delighted and satisfied with the service, ambiance, and food. Olive Garden wants to make guests feel that they are just dining at home, so the atmosphere is quite casual, although it has employees that serve food and take care of customers. As for the company’s formal practices, empl oyees are well-trained to provide excellent customer service. All of them are hired because of their smile and ability to be patient and friendly toward customers. Olive Garden restaurants usually have good locations and tend to be jam-packed. Servers are trained to remain patient and accommodating even during these times. Informal practices include managers who check on the quality of service of employees and customers’ satisfaction levels and servers who go the extra mile to please clients. The jargon of the company is a mix of Italian and American words that employees use with one another. These words emphasize working together, especially during peak time. The physical arrangement of the restaurants is arranged to accommodate small and large groups, including families. The layout is spacious, and so it is normal to see young kids running around. Olive Garden is not perfect though, and it has some management problems. First, because of the â€Å"family† culture, som e managers tend to have favorites. These favorites are given more flexible (or the most sought after) schedules and busy stations where tips are most likely to be received. Second, the pay is good but not competitive and opportunities for promotion are limited. Some of those who have been loyal to Olive Garden have left because they want career advancement, but not all are given the opportunity to move up. Several think that Olive Garden is not as â€Å"family-like† as it wants to be. Some employees are not supporting each other too, so a few servers end up doing more work than others. To resolve these problems, four recommendations are offered. First, the management must lead through ensuring that the vision is alive in the company through providing fair treatment to all employees. The vision of the company emphasizes the improvement of the quality of lives of internal and external customers and this cannot be achieved when favoritism is present. Zacarro and Banks asserted t hat leaders must be able to use the organizational mission and vision for setting collection action (Gill, 2011, p.104). To influence

Reflection paper about All But my Life( Klein) Essay

Reflection paper about All But my Life( Klein) - Essay Example This love provides inner strength and determination to suffer and endure a life of extreme torment and hardship. Klein provides much evidence of this thesis when she retells stories of her family members, particularly her father, to whom she looked up and respected. It was he who made her promise to be strong, fight and never give up or kill herself and it was his words that helped her curb her desires to end her life in the camp. Klein also shows how the love of friends, not only family, can help us through bad times, particularly with her best friend Ilse. Klein provides a very poignant accounting of her life through the Holocaust and one that is intense and convincing. She does not paint pretty pictures but instead presents vivid and illustrative explanations of the numerous occurrences that show the good side of humanity in such terrible times. I think there are many lessons to be learnt from Klein’s memoirs, all of which can strengthen our inner selves and provide awareness of others in a world that is fraught with injustice, war and

Do Family Medicine doctors have the same results as Specialists Essay

Do Family Medicine doctors have the same results as Specialists (Endocrinologist) for diabetic Patients - Essay Example This issue has to be controlled. The best way to do that is through ensuring that the areas of its concentration are identified and awareness created to the people. This paper will be able to explain more on the diabetes epidemic. It will be able to tackle on the ways the people with the problem can be able to control it. It will also give ways on how to be able to care for the people who are already affected with the disease (Ede and Jackson 32). Chronic diseases like diabetes present multiple comorbidities and have significant medical and economic implications. The different effects do cause a significant problem to the patients. Diabetes can be able to cause a significant loss to the patients and even make their general health in a big risk (GÃ ¦de, Lund-Andersen and Parving 582). The different medication that is used for the treatment of this disease can have other effects to the patients. These effects can either be positive or negative (Hills and Parizkova 269). It is the responsibility of the patient to be able to ensure the medication is taken in the right way and is combined with a good diet. Some of the effects are as shown below. One of the common effects of the disease is Sulfonylureas. It is whereby the patient face issues like stomach upset, low blood pressure, weight gain and skin rash. This problem may be able to make the person uncomfortable. It might also cause obesity if the person is not careful with the diet (Jacobson 426). Another problem that can be able to attack the patients is Metformin. It will be able to make the patient suffer from kidney complications, upset stomach, tiredness, alcohol sickness, metal taste or dizziness (Keller and Heymsfied 1069). Diabetes medication is also known for causing Meglitinides. The symptoms of this problem include weight gain and low blood pressure. These symptoms may be able to lead other issues

Definition of marketing research and processes

Definition of marketing research and processes The European Society For Opinion and Marketing Research identify market research as the systematic and objective identification, collection, analysis, and dissemination of information for improving decision-marketing related to the identification and solution of problems and opportunities in marketing.(Malhotra. N and Birks. D 2000) In the book marketing research an integrated approach, Alan Wilson also point out marketing research is about to provide information which should focus on customers, markets and competitors. That information will be used for making marketing decisions. Those information should be collected by wide range of sources and techniques, and then analysis, developed and applied. Marketing research also involves communication and dissemination, which will affect the decision makers and interested parties. Marketing research process There are seven steps in marketing research process: define the research problem, determine the research design, choose the method for collecting primary data, design the sample, collect the data, analyze and interpret the data, prepare the research report. Though those steps, marketers will make conversant decisions or reduce the risk of their decisions. Define the research problem In this step, the target of marketing research should be clarified. Research problem definition involves expressing the general problem and discovering the detail constituent of the general problem. Alan Wilson mentioned six issues must be considered in this step, the market environment, competitors reaction, organizations own plan, the effectiveness of companys previous marketing activities, the nature of new products and customer behavior. Define the research problem has been considered as the most important step in a marketing research project. Research can only be designed and carried out if the research problem has been clarified. Joselyn considered nothing is more important to satisfy customers requests than identify the correct research problem. All the following steps of marketing research process would be wastes if the beginning of the research, define the research problem, is misapprehended. A good metaphor of identify the research problem is compared to doctors give patients medicine and treatment. Illness can only be cured when right medicine has been given, wrong medicine sometimes is even more dangerous than the illness, and the most important thing for a doctor is to identify the illness. That is the same situation as marketing research process. Define the research problem also can be seen as a communication between decision makers and marketing researchers. Researchers offer research supports as the decision makers require. Determine the research design After the problem has been clarified by marketers, to design the research is the next step of the whole research process. A research process is a blueprint for managing a marketing research process. It provides details of information for figuring out the research problem. There are two general research design categories, secondary research and primary research. Secondary research is collecting secondary data which is some information collected before for some other problems, not directly for the current research problem. There are two ways to collect secondary data, internal data and external data. Internal data is information inside organization, which collect from sales report, consumer information. External data is the informations resource from outside company; the resource could from public newspaper or other organizations report. Secondary research is widely used in marketing research process, the main reason of that is secondary data is easily collected and also the low cost of the research process. Malhotra mentioned in his book there also seven advantages that secondary data can help marketers. First it can help marketers to identify the research problem. Second, it can develop an access to the problem. Third, it also helps marketers to create a sampling plan. Fourth, it will explicate a suitable research design. Fifth, research questions can be answered by using secondary data. Sixth, primary data will be interpreted by secondary data with more penetration. Last, it can improve qualitative research results. The disadvantages of secondary research are also very obvious. Too many data have been collect during research; most of them are not even related to the research problem, so it will take marketers a lot of time to select and analysis these data. Primary research is using observation, qualitative or quantitative research to collect primary data. Primary data is defined as a kind of data originated by the researcher specifically to address the research problem. Three methods mentioned at the beginning of this paragraph are quite different from each other. Observation research Observation research collects data without any questions been asked to research targets. Researchers become the witness of targets behavior, such as childrens behavior with a new toy, or TV viewing patterns. The observation research can be divided into several categories, 1, natural versus contrived observation. 2, visible versus hidden observation. 3, Structured versus unstructured observation. 4, mechanized versus human observation. 5, participant versus non-participant. Qualitative research Qualitative research is a less structured research process, which involves small samples of individuals. The purpose of qualitative research is to understand targets, not to measure them. Malhotra considered qualitative research is based on at least two intellectual traditions. One of them is building up ideas and combining methods from psychology. The other is the set of idea and associated methods from sociology and anthropology. Both of these two traditions are related to the development of communication between researchers and those been researched. Researchers chose qualitative research for four reasons. First, in some research, questions are involved privacy or negative feeling that the research target unwilling to give answers to them. Qualitative research question are not full structured questionnaires, by giving these kind of questions can avoid the issues that people dont want to be asked. Second, subconscious feelings have huge affect on responders answers. Such as emotion , motivation or ego, these could always drive the thoughts, when responders try to answer the questions. Third, complex phenomena. With full structured questions, respondents sometimes have difficulties to find out the main propose of those questions, or they could just describe the situations but can explain the reasons to them. Last reason to use qualitative research is the holistic dimension. For example, a restaurant is doing a research about the satisfaction when customers having meal in the restaurant. The atmosphere that the consumers feel is the key issue to the research. And atmosphere can involve the music in the restaurant, the style of the furniture, other customers, serves been provided. One question cant cover all these points, but with small individual questions each part of the atmosphere can be asked, by join all these qualitative questions, the holistic view is build up. Alan Wilson described several types of research most suited to qualitative research in his book. Qualitative research is commonly used in three areas: exploratory research, new product development and creative development research. Exploratory research Exploratory research always been used when a company decide to improve the understanding of consumer behaviors, emotions, attitudes and preference. For instance, more than one characteristic that the researchers would like to understand though the exploratory, they are: consumer perceptions of a product field, identifying service or product improvements, the decision making process, dimensions that differentiate brands, product usage patterns and behavior and customer segments. Using qualitative research in exploratory research will help the organization with object or information defines. New product development In the new product development stage, qualitative research is also quite useful. It is effective to use qualitative research to find out the reaction of customers about the new product concepts and designs. In the stage of developing the concept into a communicable form, it is the time to use qualitative research to determine if the concept is developable, or guide the designers to improve the concept. Later stage of product development can also use qualitative research, such as stage of design the paradigm of new product, or their packaging. Using qualitative research can help researchers build up confidence that the new product is developing though the right way. Creative development research Qualitative research is very important in creative development research; it can assist in creating execution of advertising and promotion. Advertising agency uses qualitative research to know the relationship between customers and products or brands. As same as advertising, in an organizations promotion plan, qualitative research can help the organization to achieve the communication objectives. Not only promotion but also the integrated marketing communication plan (IMC plan), which contents promotion and four other steps. Feedbacks, which could test the effectiveness of the IMC plan, are received though qualitative research. Quantitative research Quantitative research is a full structured research approach, which involves large sample of individuals. The purpose of quantitative research is to measure the widespread of same attitudes and behaviors. Choose the method for collecting primary data In this step marketers will choose their method to collect primary data. All the methods can be divided into two kinds, survey method and observation method. Survey method. Survey method always involves three things, question, interviewer and respondent. The survey method can be divided into four categories by how does the questions been asked by the interviewers to the respondent. Postal survey In postal survey, selected responders will receive a mail with questionnaires, covering letter return envelope inside. Although the postal survey is a very important survey method and has been used for long time, the response rates are not high; it is between 20% to 50%. There are some advantages and disadvantages been list out by peter chisnall Advantages: Nation and international coverage Low cost No interviewer bias Respondent convenience Good for ongoing research Piggybacking Disadvantages: Low response rate Biased response Long respond time Inflexible questionnaire Unclear of who is responding Telephone survey The majority of telephone surveys are taken for customer-type research and business to business. All interviewers stay in a same place call centre location, all the calls are made though the phones in centre location, this makes the interviewers been easily controlled. Fast and low cost are the other main advantages of this survey method. On the other hand, the disadvantages also very obvious, for example, short interview time can make a lot of misunderstandings to the question, sometimes customers do not answer the call, and consumers who do not have a phone cant be interviewed. These days more and more marketers pretend doing telephone survey but in fact trying to sell their products to the responders. This situation makes customers more unwilling to pick up phones to do telephone surveys. Face to face interviews There are three types of face to face interviews, in-home or doorstep, executive and street. They all share same advantages, such as; it is easier for interviewers to motivate respondents to complete the survey; long questions can only be used through this kind of survey; interview can easily tell if the responders have difficulties in understanding of the question; the interviewer can use different materials to help with the survey. To the opposite side, the major disadvantages are the high cost that the interview could take and the interviewer bias a problem. Online questionnaires This is a new kind of survey method compare to the three methods analysis above. The keep increasing number of internet users makes online survey more and more popular. Like the telephone survey, the online survey also very fast and lost low. It is not like face to face interview because there is no interview bias but also different materials can be used during the survey. Observation method Observation method is quite different from survey method. It does not communicate with the people; interviewers only have to record the respondents reaction, behavior and attitude. It could happen in a natural or contrived environment. Compare observation method to survey method, the major advantage is; there are no reporting bias and potential bias in observation method. And the main disadvantage of observation is, it is only useful to measure or record behavior and attitude. Design the sample Sample is a subgroup of the elements of the population selected for participation in the study (Malhotra, N. 1999). Design a sample in fact is a process of answering five questions: What type of people is going to do this study? Where those people are coming from? How to select these people? How many people are here in the study? How to represent the information collected from the study? By answering the five questions, the sample design process can be divided into six steps: Define the population Determine the sampling frame Select sampling techniques Determine the sample size Execute the sampling process Validate the sample

Headaches :: essays research papers fc

The website that I am writing my paper on is http://www.healthsquare.com/headaches5.htm and it is called â€Å"What Triggers Headaches†? The website tells all the different things that can cause headaches, such as anxiety, stress, emotions, and a person’s diet. The article also mentions that the four leading factors that lead to headaches, from a questionnaire, are anxiety, glare, noise and anger. I believe that most of the things the site mentions do cause headaches. Caffeine, I believe, causes me the most headaches. I think that anxiety being first is correct because anxiety and stress does seem to cause more headaches, besides caffeine, than anything else. Having emotional stress seems to cause some of my headaches. The article mentions that emotional stress doesn’t cause headaches; however, it makes us more susceptible to them. The reason we are more susceptible to headaches is due to our mind influencing our body, which is called a psychosomatic condition. I can definitely go along with this because our mind is very powerful. As a wise person once said, â€Å"Mind over matter†. The article goes on to mention that sinuses, contrary to popular belief, are not usually the culprits in causing the headache. I always have blamed sinus troubles, or caffeine consumption, for the headaches that I have. The article mentions that many people think that it is the sinuses that are causing the headaches because migraine and cluster headaches can cause the same symptoms that people with sinus infections experience. This is surprising news to me, since all my life, I have been told that sinus infections cause headaches. There are many causes for headaches and some people have them more than others.

Tender-Invitation to Treat-Contract Law

Contract Law Presented by Kerra Bazzey Contract Law Formation of a Contract Terms of a Contract Discharge of a Contract Remedies for Breach of a Contract Formation of a Valid and Enforceable Contract Offer Acceptance Consideration Intention to Create Legal Relations Privity of Contract Capacity to Contract Must not be illegal or contrary to public policy Formation of a Contract A contract is an agreement which creates legal rights and obligations between the parties to it. It is formed when the parties reach agreement on the essential features of the bargain.Offer – a statement made by a party which manifests an intention to be bound on precise terms. The person who makes an offer is known as the offeror or the promisor. The person to whom the promise is made is the offeree or the promisee. Bilateral contracts – most common form of contract – here there is an exchange of promises. Unilateral contracts – commonly known as an ‘if’ contract †“ here the promise is one-sided as the offeror alone makes a promise. Elements of an Offer (i) An offer can be made to an individual, a group of persons or to the public at large.An offer to the public at large can only be made where the contract is a unilateral one. (ii) An offer should not be vague. Where on the face of it an offer appears to be vague, but the parties have had prior dealings or are operating in a particular trade, then the courts will imply certain terms and conditions to conclude that a statement that initially appeared vague is in fact sufficiently certain. (iii) A response in request to clarification on price or a request for more information is not an offer. Elements of an Offer Consider the following exchange: – H: â€Å"Will you sell us your farm called Bumper Hall Pen? Fax me the lowest price†? F: â€Å"Lowest price for Bumper Hall Pen is $1,200,000. 00†. -H: â€Å"We agree to buy Bumper Hall Pen for $1,200,000. 00 asked by you†. – F never replied to this. H argued there was a valid contract. -The court held that F’s statement was not an offer. – It was merely a response to a request for information which showed the lowest price that F would have been prepared to charge in the event that he chose to sell the Bumper Hall Pen. – H’s last communication could therefore not be regarded as an acceptance. Elements of an Offer (iv) If a person declares that he intends to so something, that statement of intention is not an offer.If someone acts based on what was declared, and the person who made the declaration does not carry out the act he stated he would, but the person who acted based on what was said suffers a loss, the person who suffered the loss cannot bring an action against the person who made the declaration. This is because there was never any offer so there was nothing to be accepted. Consider the following case: – An auctioneer advertised in the newspaper that he would be holding a sale of office furniture. – A broker commissioned to buy office furniture travelled from far to attend the sale but all the furniture was withdrawn. The broker sued the auctioneer for his loss of time and expenses. – Can he recover for his loss of time and expenses? – No. – The court would hold that an intention to do something does not constitute an offer geared towards create a binding contract. Invitations to Treat Invitation to Treat An offer must be distinguished from an invitation to treat. An invitation to treat is an invitation to someone else to make an offer. It is not an offer because there is no intention to be legally bound. It is an invitation to negotiate. There are 4 categories of invitations to treat – advertisements in a newspaper display of goods on a shelf – auction sales – invitations to tender Invitation to Treat Advertisements As a general rule, an advertisement in a newspaper is not an of fer. It is an attempt to induce offers. This general rule is displaced where the advertiser by his word or conduct shows a clear intention to be bound, as is often the case in the unilateral contract. Display of Goods on a Shelf A store owner who displays goods on a shelf with the price attached does not make an offer. He is merely inviting the public to make an offer to buy the goods at the price stated. Auction SaleThe general rule is that in an auction sale, when the auctioneer invites bids, this is not an offer but an invitation to treat. When the bidder responds with a bid, he is in fact making an offer and the auctioneer is then free to accept or reject this. Invitation to Treat Invitation to Tender Generally a request to tender will be considered as an invitation to treat. Any tender document which is submitted in response to this request is an offer and the invitee of the tender is then free to accept whichever offer he chooses. Termination of an Offer (i) Revocation or with drawal of an offer by the offeror (ii) Counter offer (iii)Lapse of time (iv) Death (v) Non-fulfilment of a condition precedent Termination of an Offer (i) Revocation – A revocation is a withdrawal of an offer. An offer can be revoked at any time before it is accepted because there is no binding contract before acceptance. An offer cannot be revoked after it has been accepted. A revocation must be communicated to the offeree to be effective. If it is not, and the offeree accepts, there will be a contract. Termination of an Offer Consider the following: By letter dated 1st October, A offered to sell goods to B. – B received the offer on 11th October and immediately accepted by fax. Prior to that, on 8th October A wrote a letter revoking the offer. He mailed this and B received it on 20th October. – Is there a contract? – Yes. The court would hold that the revocation came too late and was not effective until it had reached B. A contract was made when B faxed his acceptance. Termination of an Offer The revocation does not have to be communicated to the offeree by the offeror himself. It is enough if the offeree learns of the revocation from a source which he believes to be reliable. A mere request for additional information does not destroy an offer. Consider the following example:A offered to sell B goods at $100,000 per ton and stated that the offer would remain open until Monday. – Early on Monday B telephoned A and asked him to indicate whether he would accept ‘$100,000 per ton for delivery over two months or if not, the longest limit he would give. In other words, he was asking whether he could buy the goods on credit. Termination of an Offer – A did not respond. – On Monday afternoon B contacted A to accept the offer and found out that A had sold the goods to a third party. – Was there is breach of contract? – Yes. – The enquiry was not a counter offer but a request for further infor mation.A’s offer had not been terminated. Termination of an Offer Counter Offer Lapse of Time Where an offer is stated to be open for a specified time only, once that time expires and the other party has not responded, then the offer automatically ends. If no time is stipulated, the offer may lapse after a reasonable time. Death Where the offeror dies before the offer is accepted by the offeree, the offer is terminated. If the offer is accepted before the offeror dies, it may be enforceable against the estate if it is not of a personal nature. Elements of a Valid Acceptance AcceptanceA contract can only exist when there is consensus ad idem, that is, a meeting of the minds. This is where the acceptance merges with the offer. An offeror can prescribe that the acceptance must occur in a particular manner, eg by post or hand delivered or by telephone. An acceptance to an offer is only effective if it is communicated to and received by the offeror. If something impacts upon the a bility of the offeror to receive word of the acceptance, for example, because of interference on the phone line or because the offeree is unable to speak clearly, then there is no contract.Elements of a Valid Acceptance Silence does not amount to acceptance. Consider the following example. B placed a house with an auctioneer to find a buyer. Subsequently A began to negotiate directly with B for the purchase of the house. The only outstanding matter was the question of the price. A stated â€Å"if I do not hear from you I shall assume that the house is mine at $X. † When B heard this he told the auctioneer not to sell the house. In error, the auctioneer sold it to another person. A sued in conversion (a tort alleging wrongful disposal of property).Although B’s actions suggested that he was in effect accepting B’s offer, the court held that there was no contract because he never communicated this acceptance to A. His silence did not amount to acceptance. There was therefore no contract. Elements of a Valid Acceptance An acceptance of an offer must be absolute and unqualified. If it does not accept all the terms of the contract as originally set out, it will be a rejection of the offer. Where the offeree introduces a new term which the offeror never mentioned he introduces a counter offer.A counter offer effectively puts an end to the original offer and it cannot be accepted later. Example – A offers to sell a house to B for $1,800,000. 00. B asks A whether he will accept $1,500,000. This request by B is a counter offer which has effectively brought the original offer to an end. There is therefore nothing open for B to accept and A is free to sell to a 3rd party. Acceptance When a counter offer is accepted then its terms and not the terms of the original offer become the terms of the contract. Example B and M agreed to enter into a formal contract after a series of negotiations.M sent the terms of the contract to B for signature. B sig ned the agreement but amended it by inserting the name of an arbitrator who would be used to settle any disputes. The contract was never formally executed but each party acted in accordance with the agreed terms. When a dispute arose under the contract, B sought to argue that there was no binding contract. The court held that the insertion of the name of the arbitrator was in fact a counter offer. Once M took delivery of goods in accordance with the terms of the contract, its conduct amounted to an acceptance of the counter offer. Acceptance Subject to Contract’ means that the parties do not intend to bind themselves until a formal document has been drafted and signed. The effect is no rights or legal obligations are imposed on either party. Acceptance The Postal Rule A distinction is drawn between an acceptance through instantaneous means and one in a contract by post. The post office rule constitutes the post office as an agent of the offeror. It states that when an accepta nce is placed under the lawful control of the post office, it is effective even without actual physical delivery to the offeror. The postal rule applies to acceptance only and not to offers.Acceptance Consider the following example: A posted an offer to B on 2nd September. That letter contained a clause which stated that A expected a response by the post. The letter was incorrectly addressed and reached B on the 5th September. B sent off a letter at once agreeing to all the terms contained in the offer. On the 8th September, A not having heard from B, sold the item to a third party. Was there a breach of contract? Yes, because a contract had been completed on the 5th September when B posted the letter of acceptance. The post office was the agent of A, the offeror and had received the acceptance on his behalf.

United States Law - About the United States Code

United States Law - About the United States Code The United States Code is the official compilation of all general and permanent federal laws enacted by the U.S. Congress through the legislative process. The laws compiled into the United States Code should not be confused with federal regulations, which are created by the various federal agencies to enforce the laws enacted by Congress.The United States Code is arranged under headings called titles, with each title containing laws pertaining to particular subjects such as The Congress, The President, Banks and Banking and Commerce and Trade. The current (Spring 2011) United States Code is made up of 51 titles, ranging from Title 1: General Provisions, to the most-recently added, Title 51: National and Commercial Space Programs. Federal crimes and legal procedures are covered under Title 18 - Crimes and Criminal Procedure of the United States Code. Background In the United States, laws can be enacted by the federal government, as well as all local, county and state governments. All laws enacted by all levels of government must be written, enacted and enforced according to the rights, freedoms and responsibilities contained in the U.S. Constitution. Compiling the United States Code As the final step of the U.S. federal legislative process, once a bill has been passed by both the House and Senate, it becomes an enrolled bill and is sent to the President of the United States who may either sign it into law or veto it. Once laws have been enacted, they are incorporated into the United States Code as follows: The official text of new laws is sent to the Office of the Federal Register (OFR) - a division of the National Archives and Records Administration (NARA).The OFR confirms that the official text of the laws is accurate and authorizes the Government Printing Office (GPO) to distribute the text as Public and Private Laws, also called slip laws.Volumes of enacted laws are assembled annually by the National Archivist and published by the GPO in a form called the United States Statutes at Large. In the Statutes at Large, the laws have not been arranged by subject matter and do not include amendments that might have been made to earlier laws. However, every law, public and private, ever enacted by the Congress is published in the Statutes at Large in order of the date of its passage. Since the Statutes at Large are not organized by subject matter, or dependably updated when laws are repealed or amended, they are extremely hard to search and are of little use to researchers. To the rescue comes the United States Code, maintained by the Office of the Law Revision Counsel (LRC)  of the U.S. House of Representatives. The LRC takes the laws or statutes added to the Statutes at Large and determines which ones are new and which existing laws have been amended, repealed or have expired. The LRC then incorporates the new laws and changes into the United States Code. Accessing the United States Code There two most widely used and dependable sources for accessing the most current version on the Untied States Code are: The Office of the Law Revision Counsel (LRC): Maintained by the House of Representatives, the LRC is the only official source of the most current versions of statutes and amendments in the United States Code.   Cornell University School of Law LII: Cornells LLI - Legal Information Institute - is often cited as the most linked to web resource in the field of law and its United States Code index certainly lives up to that reputation. Along with several conveniently arranged indexes and flexible ways to search the Code, each page of the Code features a How Current is This? button providing researchers with the most current updates. LLI tries to incorporate any new laws or amendments authorized by the Office of the Law Revision Counsel within 24 hours. The United States Code does not include federal regulations issued by executive branch agencies, decisions of the federal courts, treaties, or laws enacted by state or local governments. Regulations issued by executive branch agencies are available in the Code of Federal Regulations. Proposed and recently adopted regulations may be found in the Federal Register. Comments on proposed federal regulations may be viewed and submitted on the Regulations.gov website.

How To Get Help In Windows essays

How To Get Help In Windows essays Almost all computers now have some version of Windows installed on them. When you have a question about how to do something, usually you can find the answer in Windows help. Windows help contains complete walk-through procedures, definitions of terms, and search capabilities. The first step to getting help is clicking the start button the taskbar. This is the first button on the taskbar. It is labeled start. Then you can click help. A dialog box opens with the contents tab in the front. From here you can select different topics that are in book format. Each book has several pages that are labeled with different topics. Most topics have a small button in the left corner labeled related topics. This provides links to other topics in the database. When you are finished, click close to close the book. The second tab in Windows help is labeled index. This allows you to search for a topic based on an index provided by the application being helped, in this case, Windows. You type the first letters of the word you are looking for, and you get an index list. You click on the topic that best matches what you typed. Click display to open the topic in a new Window. When you are finished, you can click the X in the upper right-hand corner to close help. The third tab is labeled find. It works almost the same as index. Find allows you to construct word and phrase queries to locate to locate help topics. The find setup wizard will build the database. Usually the minimized database size works well. The find page is displayed after you build the word list. You type in the words youre looking for, and then click on a topic that fits what youre looking for. Again click display on the bottom left of the window. This will open your help topic. When finished, close the help window. If you run into problems when using Windows help, there are a couple of things that you can do. If the computer locks up, pre...

Position paper base on a recent issue related to the constitution and Research

Position base on a recent issue related to the constitution and the executive branch - Research Paper Example d effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized† (Dahl, 2003). It is all about privacy in the search and seizure provisions of the 4th amendment. The amendment simply provides protection against searches and seizures in criminal investigations by federal or state law enforcers that are unreasonable in nature. Any evidence obtained in a criminal investigation case in the course of search for seizure is unlawful if it cannot be of use at the court trial of the individual from whom the evidence was confiscated (Billias, 2009). In the Fourth Amendment, for an arrest or search to take place, the warrant must be approved judicially. Basically, searches must plainly be reasonable and the warrant necessity ought to have been clearly stressed and pointed out. The Fourth Amendment is only applicable to governmental searches and seizures in criminal investigations but not to the ones done by private establishments or nationals who are not acting on behalf of a government. I am in support of the Fourth Amendment due to a number of reasons. Firstly, the amendment is beneficial to citizens because it offers them protection against governmental actions that are unreasonable in nature (Harper, 2007). For instance, particular guidelines have to be met in the issuance of a warrant for it to be considered legal and must be strictly complied to protect the citizen and the law enforcer. Those who framed the constitution saw that intrusions by governmental agencies in cases involving criminal investigation encroached on the rights of the public. In previous times, it was common for officials to harass average citizens who had no means of preventing searches and seizures that were unwarranted. The 4th Amendment is of great importance as it constitutes legal representation of

SWOT Assignment Example | Topics and Well Written Essays - 250 words

SWOT - Assignment Example 23). The current situation indicates brand visibility, loyalty, preference and pricing as the main factors that influence choice of the organization. Brand strength is vital in improving the competitive advantage and in turn offset the increasing competition. The approach by the company in the last five years has been the milestone in the establishment of a global brand (Crane & Matten, 2007, p. 102). Despite the positives, the company has several key weaknesses that could lead to serious problem in case of the increase global financial crisis. The company relies heavily on overseas markets which may be affected by the increasing financial crisis and recess. The major opportunity existing in the Asian market is low penetration and improved income levels leading to continuous jumps in the demand for services. This is an opportunity that can be grasped to increase profitability. Additionally, manufacturing units in Europe have huge capacities in line with their vast domestic automobile output. Cross-cultural disharmony is created through the integration of different cultures. The occurrence of disharmony creates a challenge for the corporation and may result in serious problems if not properly solved. Additionally, the rising commodity price is a major threat for the company because it increases the production cost. Holiday packages are developed by tour operators and consist of transport and accommodation that are advertised and sold out as a single item. It may include other services such as car renting. This idea was begun by Thomas Cook in the 19th century. The idea has been used in the tourism sector for several years and is still being used in the promotion of services (Hollensen, 2007, p. 63). Holiday packages should not lead to losses in a business profits. Family packages are rare but provide opportunity for business. The