Accreditation Audit Essay Example for Free

Accreditation Audit EssayWith all of the possible problems that could occur during surgery, a wrong-site, wrong-patient defect is one that should never arise. Nightingale Community Hospital (NCH) fully understands the importance of doing away with these errors and has set up protocol to work towards this goal. While the protocol is in place, it is not fully compliant with Joint Commission (JC) standards. Standard UP.01.01.01 Conduct a preprocedure verification process.Nightingale Community Hospital has a Site designation and Verification policy and procedure. Within this policy, and Preoperative/Preprocedure Verification Process is addressed. There is also a Preprocedure Hand-Off trope present. This form is a bit misleading as it is essentially a hand-off form in general with a few extra boxes possible for check-off. To prepare for inspection and audit, NCH should create and implement a form for use within the Operating Theater or wherever procedures are performed, such as b edside procedures. This form needs to be more specific in addressing at least the stripped requirements by JC.The form needs to cite that all relevant documentation is present, such as signed consent form, treat assessment, preanesthesia assessment, history and physical. The form also needs to specify that the necessary diagnostic and radiology test results, rather they be images and scans, or biopsy reports, and properly displayed and labeled. Finally, to fulfill the minimum requirements by JC, all and all required blood products, implants, devices, and special equipment needs to be labeled and matched to the patient. Standard UP.01.02.01 Mark the procedure site.NCH covers the procedure site scratch standard fairly well within their Site Identification and Verification Policy. It mentions that site marking is needed for those cases involving laterality, multiple structures, or levels. Several times in their policy NCH mentions that it is best to have the patient involved, if at all possible. If the patient is unable to mark the site, the policy states that the physician will be called to mark the site. The policy states that the mark shall be made in permanent black marker so it will remain visible after skin preparation, and also in a location that will remain visible after sterile draping is in place. The policy alsoincludes circumstances in which the marking will be unable to be performed based on the location of the surgery being in an area that is unable to be marked. Standard UP.01.03.01 A time-out is performed ahead the procedure.Nightingale Community Hospital has an adequate procedure in place for the time-out performance. Within the Site Identification and Verification Policy, the Time-Out Procedure complies with JC standards. A time-out is to be conducted immediately prior to performance of the procedure, it is initiated by the nurse or technologist, it involves all personnel involved in the procedure, the team members agree to a minimum of pat ient identity, correct site, and correct procedure to be performed, and all of this information is documented in the record, including those involved and the duration of the time-out. The only issue not addressed fully is the possibility of multiple procedures occurring on the same patient by different practitioners, and in that case, an additional time-out needs to be done with(p) for every new procedure.The Communication priority focus area is an extremely important area for any hospital. This is a common sense area that should be able to reach complete compliance. A wrong-patient, wrong-site issue should never arise and is completely avoidable. In 2010, Joint Commission reported that wrong-patient/site surgeries continued to be the most frequently reported sentinel event(Spath 2011).Jay Arthur states that JC reports between four and six wrong-site surgeries per day(2011). The World Health Organization believes that at least 500,000 deaths per year could be prevented if the WHO operative Safety Checklist was correctly implemented.These numbers, when compared with the possibility of 100% compliance, are astounding and completely avoidable. Nightingale Community Hospital is well on their way to avoiding these types of sentinel events through usages of proper protocol, procedures, and policy as is seen by the upward trend from their last year of self-checks. With continued diligence and appropriate modifications made, this can be an area that NCH, and any other hospital can be fully compliant in.ReferencesArthur, J. (2011). Lean six sigma for hospitals Simple steps to fast, affordable, flawless healthcare. New York, NY McGraw-Hill. Spath, P. L. (2011). Error reduction in health care A systems approach to improving patient safety (2nd ed.). Hoboken, NJ Jossy-Bass. WHO (2013). WHO Safe surgery saves lives. Retrieved from http//www.who.int/patientsafety/safesurgery/en/ Last Accessed November 5, 2013.

Witness Memory as Evidence in Criminal Trials

Witness Memory as Evidence in Criminal Trials1. When, and why, be witnesses memories unreliable as evidence in criminal trials in England and Wales?MemoryMemory is peerlesss ability to recall the past events. Memory let us explain our personal experiences and perception close to anything which is occurred in past.Types Of MemoryThere are three types of keeping boardEpisodic MemoryEpisodic memory refers to our memory of special event akin accident, death etc.Semantic MemoryThere are too many general knowledge is stored in ones mind which comes under the semantic memory type. It also refers to the knowledge which is stored in our mind to perform any skill. It also tells us how to perform in roughly repeated situation.Procedural MemoryUnderstanding the procedural memory is rather difficult to understand and contains different kind of information. Generally it refers to series of events which occurred on numerous times.Importance Of Witness MemoryWitness memory is a fuel of an y investigation because it let investigator to collect information about incident and human memory is too fragile to exactly remember ein truth moment. There are also numerous factors involved which modify witness memory that is environment factors, witness factors, stress levels of the witness/victim, weapon focus.When Witness Memory Is Unreliable As Evidence?Witnesses memories are unreliable as evidence in criminal trials in England and Wales when there is a TurnBull direction indicated the state of witness at the time of incident happened because so many researches has ready the massive impression on the look of information.What Is TurnBull?There are too many environmental factors which touch on the memory of witness and thunder mugnister dam geezerhood the quality and quantity of information. R. V. Turnbull guidance proposed a term ADVOKATEAmount of time one observedDistance What was the length between event and witnessVisibility How untold the scene was clear?Obstru ction Was there anything obscuring the view?Known or seen before If the situation was familiar?Any reason to remember What is the reason tin to remember.Time lapse How long the exposure of event?Error or material discrepancy Is there any discrepancy between the fact and the rendering (Booklet).Why Witness State Is UnreliableIn England and Wales, Evidence is not reliable, when there is a Turnbull direction in a state of witness because sometime witness rely on external help to recall the incident or he may have perceived prostitutely cod to distance or visibility or both (Bull, 1999)Generally people under the investigation are not ready to recall the incident currently. Many factors like fear, stress and nervousness can affect their quality of information. abouttimes they rely on external resources to feed them and they defamely perceive the series of happening occurred at TBR events.Sometimes witness may lie for any previous dis chucke or grudge. Witness may be biased a nd can provide wrong information to affect the investigationConclusionSince witness memory depends on lots of factors which are indicated through the famous term ADVOKATE therefore investigation should be taken with caution and every term of ADVOKATE should be properly and clearly note down.To gather worthy information from the witness, should check the witness personal orientation of biasness or favoritism.It should also be checked that whether the witness is pressurized by the culprit to speak lie.What changes should be made, to the procedures for identifying suspects in criminal investigations in England and Wales, according to psychological research?Human memory is too fragile to exactly remember the incident which happened that is why interviewing the witness to identifying the suspect is rather difficult task. It can also affect by the Turnbull directions. Usually witness replies the interviewer in broad term and can only describe six or seven characteristics of suspect like age (Between 20-30) or height (between 56 58) that is why it is always difficult to get accurate knowledge about victim.The accurate information may be collected through cognitive interview but this type of interview demands too much time to conclude things. These re the reasons for which psychological research stress on the designation parade to identify the culprit. (Kapardis ebrary, 2010)Why Should Be Identification Parade Arranged?Identification parade are staged to avoid dickens hurdles of identifying the culprit.Verbal OvershadowingIn most of offence, during the investigation, witness is interviewed by more than than one officer and provided stream of information due to which he can mix up the details which is stored in witnesses mind and the information he is provided by the officers about culprit.If identification parade is arranged then a witness can easily identify the suspect or the person who is somehow linked with the crime.Information To The PublicSome crimes ar e needed to advertise in public through media and police shows the picture, video or sketch of suspect in public. Sometimes a totally innocent person can be suspected and shown to public. Witnesses, after seeing the police announcement about suspect can to mix-up the faces of suspect with actual culprit.In that case, after the identification parade, officers are directed to ask witnesses whether they have seen any broadcast on media or not?Asking directly to the witness is rather strange. According to researchers, it is more appropriate to ask logically by the witness rather than directly.Changing Facial Expressions.Facial expressions of people are changed with the passage of time due to weight, tiredness, hairs-breadth color or culprit can deliberately change it to be hidden from the police but if culprit is arrested for identification parade then he cannot change his facial expression and can be identified by the witness.ConclusionInvestigation with witness should be deal with c autious and interviewer should know the craft of interviewing to get accurate information. Investigator should avoid direct questions like was that man wearing black shirt? Or did you see blood spot on right side of window? It is recommended to ask series of questions to grab the fact like the series below.What have you seen at spot?Can you tell us the gender of person you have seen?What was he wearing?It is also recommended to setup interview as soon as possible because there is margin of memory fail.Describe the boundary to which offender pen is relied upon both in criminal investigations and in criminal trials in England and Wales.?Offender ProfilingOffender profiling is a tool of investigation about the culprit with the help of evidences. Offender profiling is commonly perceive as a magical ability of investigator to dictate hands on the culprit. It is also called psychological profiling, criminal personality profiling, profile analysis and the offender profiling is carried by the profilers or offender profilers.Offender profiling is a psychological assessment of evidence which is collected from the crime scene. Offender profiler collects evidence from the crime scene and assess assumes the personality type which usually exhibits akin patterns (Jackson Bekerian, 1997).Aims Of ProfilingThe aim of profiling is to get closer to suspect and get the answer of three questionsWhat happened at the spot of incident?What personality type can be involved in it?What personality traits can be possessed by that personality type?These questions are generally analyzed by the psychologist who are expert of their field and are outside of the police department.Limitations Of Offender ProfilingAlthough the crime scene can reflect the personality of offender and psychiatrist put insights on it but sometimes searching the link between the crime and mental state of offender is not cleared or understandable.It is also criticized that psychologist are helpful only in the cri me which are committed in extreme cases of mental illness. They are not much useful in the crimes which are not committed due to mental illness.One more criticism is usually done on clinical approach that psychologists works according to cognition of psychology which is remain ambiguous and has flaws in it. Understanding and evaluating complex human psyche is rather difficult task and sometimes it is understood completely wrongConclusionOffender profiling is no doubt a significant part of crime investigation but it is also limited in a way. It restricts psychiatrist to some specific pattern of personality traits while human behavior is always complex and cannot read accurately always. It is not necessary that crime scene always show the exact pattern of behavior which culprit exhibit.Identify the key ways in which the research, into common forms of decision-error, might inform and better practice in criminal investigations and trials?DeceptionIdentifying someones lie is not easy ac cording to research reaching correct result is aid to fall between 50 to 60 percent. The more common reason of this trend is over confidence of people in their ability to judge others. spotting Of DeceptionDespite of fact that deception cannot be easily caught, people also make some basic judgment errors. These judgment errors are reason in five types.Pinocchios NoseThere is indeed some universal signs of lying like stammering, avoid eye contact, blushing but it cannot evenly apply to everybody on the earth. So these universal signals may guide to wrong direction.Erroneous AssumptionsSome people thing that deception can easily be caught by facial expression or they are the master of face reading. Some people do have the ability of face reading but in general this ability is over estimated.Othello ErrorThis type of error is actually comes in existence due to Shakespeares drama where Othello achieved his target by accusing Desdemona but in modern criminal justice system this error misleads because most of people became nervous and feared when the feel that they are under observation.The plausibleness ProblemPlausible and implausible problems have problem to judge right because we do not believe implausible event if it is reported by some old man.CountermeasuresA natural liar can deceive the interviewer after noticing the interviewer suspicion and can adjust his/her behavior accordingly.Techniques To Improve Decision ErrorsScholars and researchers proposed three techniques of astir(p) decision errors.Un- spoken deedsLying can be judged by the entire body language which includes gestures, postures, facial expressions, voice quality etc. Some common proposed techniques of judging un spoken deeds areDecrease in movement of entire legs till feetDecrease in hand movementsSudden adjoin and decrease in voice.These all assumed signs should be deal with cautious because it cannot be true in every situation like deception errors and may lead to in accurate judgment.S poken DeedsNumerous techniques are used to judge the REAL of words that are written or spoken. The two most famous techniques of read between the lines are Statement Validity Analysis (SVA) which is developed by Steller and Kohnken in 1997 which is then incorporated by Criteria establish Content Analysis (CBCA). It implies that our account is different in content and quality in case of reality or imagination. This techniques uses nineteen criteria to judge a statement. This technique is not commonly use in U.K.Physiological MethodsThe most common technique of physiological method is Polygraph, which measures physiological reaction like heart beat, egest etc to check the deception. The polygraph is conducted through different sensors that are attached to the body and every physiological reaction recorded as a graphical presentation.Although polygraph is considered as very effective tool of detecting deception and has been used in different countries but it is not used in U.K. crimin al justice system due to complex human nature and the fact that human behavior and their psychological reactions are vary from person to person.ConclusionTo improve decision making subprogram in U.K spoken deeds and physiological test should be considered because these two techniques have been using in different countries and showing successful results to some extent but these techniques should be used with the caution and must not be rated overly. It should be used with the understanding that human nature varies from person to person and similar reactions cannot be equally applied to everybodyBibliographyBooklet. (n.d.). Retrieved from Police Service Of Northern Ireland http//www.psni.police.uk/de/public_order_8th_edition.pdfMilne, R. and Bull, R. (1999).Investigative interviewing Psychology and practice. Chichester Wiley.Kapardis, A., ebrary, I. (2010). Psychology and law a critical introduction. New York Cambridge University Press 2010.1 rogue

Explain the factors to consider when planning a safe, but challenging environment for children.

Explain the factors to consider when formulation a safe, but ch every(prenominal)enging environment for children.Explain the factors to consider when planning a safe, but gainsay environment for children.The environment plays a major part in childrens base hit, learning and development. Not only the material objects at heart an environment, but the emotional and social environment accounts also.The health and safety of the environment is essential to en incontestable the safety and well-being of the children and in creating an modify environment. In an enabling environment, babies and children will feel emotionally safe and secure, and will develop and learn most effectively.Health and safety is one of the most important factors to consider when a practician provides an appropriate environment for learning and development. both staffs should urinate a responsibility for ensuring health and safety in their environment at all time. entirely staffs should meet minimum takement s for space deep down the room environments and staffs ratios. These requirements will initially be calculated by ofsted when the ground is first registered, and they will provide a maximum number of children allowed in setting at any one time. This will also be broken down into how many children can be present in any one room at one time, depending on the age of the children.Children learn and develop well in enabling environment, in which their experiences respond to their person needs and there is a strong partnership between practitioners and parents and precautionrs (EY Development Matters Document)Meeting staff ratios is important because this ensuring the safety of the children by make sure children can be safety supervised whilst in their environment. Failure to meet these ratios could cause accidents or injuries, as staff members would find it difficult to care for and surprise a larger number of children. Children from birth to two days require 3.5m space per child, at least half of the remaining staff members moldiness(prenominal) be qualified to at least a recognised level two child care qualification. Child aged two to three years old require 2.5m space per child, at least one practitioner must(prenominal) be qualified to level three. Children aged three and above require 2.3m space per child, at least on practitioner must hold a level three qualification. There are major pieces of health and safety legislations that play a office staff on the provision of an environment and must be followed by all employers.Explain the practitioners role within the wider, multi agency environment.The role of the practitioner within a wider, multi-agency environment is to value and recognise the importance of this wider network for children. Valuing this wider network demonstrates respect for the individual needs and characteristics of the child and family and enables all members of the union to work together.Wider community plays role in childrens deve lopment and learning. When a child has been identified as having additional needs, other professionals are a racy part of their care learning and development and will work in partnership with practitioners within the setting.The role of the practitioner has been identified as important in the provision of an enabling environment for children, with the practitioner holding an important role in the wider, multi-agency environment.Describe the regulatory requirements that must be followed when organising an environment for children in the aboriginal years.The regulatory requirements that must be followed when organising an environment for children in the early years is the process of identifying any additional needs a child may have early in order to organise the best possible care and intervention for the children. Practitioner has concerns around any area of a childs development. The employer has overall responsibility for ensuring that health and safety is implemented.All staff is responsible for ensuring health and safety at workplace is observed. The building must be appropriately maintained and be suitable for purpose. The environment should be clean, safe and appropriate for everyone in the setting. All equipments must be apply safely. Accidents must be recorded and reported. The act also provides protection for employees is personal protection for employees is personal protective equipment must be provided free of charge and employees should be given instruction on its use, a safe working environment must be provided, first aid facilities must be provided.COSHH is the law that all employers must follow in regards to harmful substances. All workplaces use harmful substances and the COSHH regulations are in place to ensure the safe use and storage of these materials.All staff must carry out a COSHH risk assessment this because to identifying the potential risk of explosive to any harmful substance. All staff must ensure safety for the children by ensurin g high levels of security across their premises, doors at the setting should be locked at all times. Practitioners also need to make sure that the toys and resources they provide to the children are appropriate for their age and coif of development.Evaluate the effectiveness of the environment in meeting childrens individual needs.Every setting should work closely with parents and multi-agencies. All setting should be aware of the incarnate and services that other agencies provide, practitioners will support parents/carers to access these services. As a practitioner I should know that whenever I prepare environment for children or young people, I must know its important to consider their age and stage of development. I also need to ensure that the experiences and play opportunities offered carer the areas of development outlined in the EYFS. I also need to consider whether the environment meets the needs of the individual children. I should know children develop at different rates . As a practitioner I should know that some children will need more challenging activities while others may need a different type of activity or different resources. I should observe individual children to see how they engage with the environment will help me to plan appropriately.The most important activities during the day, such as playing, eating, sleeping, washing hands and going to the bathroom. Children need to explore equipment and learn basic familiarity through direct experience.Children with disabilities should be given the opportunity to take risks in their own play. As for with other children this will enable them to develop their self-confidence and confidence.It is often difficult for parents to allow children with physical disabilities or medical conditions, such as epilepsy, to engage in physical play or rough and crock up activities for fear of injury or seizure. They may therefore need reassurance to allow their children to participate.The emotional environment extends further than the furniture and resources contained within a space, and looks at feelings and emotions of the children within the learning environment.The indoor(a) environment have an immediate effect for children, this is when they will spend a large amount of their time. The indoor environment should support the many different types of play that will support childrens learning and development.The EY values childrens independence and encourages child-initiated play and active learning. This needs to be reflected in the environment by organising toys and resources at child height to encourage children to access resources they wish to explore.The outdoor environment holds equal value to the indoor environment and provides many opportunities for learning and development. The outdoor environment provides a new context for learning to take place within and provides new opportunities.

Shares and Business Law: Allotment and Registration

Sh ars and Business Law Allotment and RegistrationQuestion 1T here be m any things that Jim go forth induct to consider but at that place atomic number 18 three main steps that he will shake to follow. Most of the delegacy for issue of shares come from the articles of association (table A) with rest being contained in the Companies act 1985. First he and the gild would have to decide to issue the shares and set the wrong of issue. Secondly, some person or persons must agree with the connection to take the shares. Third, in implementation of that contract, those persons must take the shares and be made members of the company.Section 80A of the Companies Act 1985 provides that direction shall non exercise any power of the company to allot shares in the company or rights to subscribe for, or convert into, shares in the company unless they are authorised by the company in general meeting or by the companys articles. Any berth, whether given in the articles or by resolution mu st state the maximum number of securities which gutter be issues under it and the date at which the authority will expire. Contravention of the arm does non affect the validity of any allotment made1 but any director, who knowingly and wilfully permits it, is liable to a fine2.Jim will have a plectron of various methods whereby the companies securities can be offered to the humankind. Here we can see that he has engaged the services of an issuing house.The next thing Jim would have had to consider would have been whether or non there were any pre-emptive rights that is where there circumstances that existed that meant that existing shareholders rather than the general public should be offered the shares first3. This did obviously non arise here as Jim was a sole trader.Jim will then have to make a decision as to the price at which the securities should be issued. This is a tricky decision to arrive at as if the shares are set to low so that the issue is heavily everywhere-s ubscribed, the company (and keeping house) will be discontent were as if they are set too high so that much of the issue is left with the underwriters it is they that will be uhappyNext Jim will have to disseminate with Allotment and Registration of the new share issue. The process of becoming a shares holder is a two-step one, involving fist a contract and then readjustment of the member. The processes of agreement and registration will be achieved with little formality and without the issue of allotment letters. If someone wants to become a shareholder and the company wants him to, he will be entered on the take and issued with a share certificate.Allotment does not make a person a member of the company. Entry in the register of members is also need to give the allotee legal title to the shares. Section 22(2) says explicitly that a person who agrees to become a member of the company and whose name is entered on the register of members is a member of the company4Question 2In ad dition to compliance with the gunpointed victual that are contained in the listing rules, s80 (1) of the Financial service and Marketing Act 2000, implementing Article 21 (1) of the inclination Directive, adds an important sweeping up, awaitment that the course catalogue submitted to the FSA shall contain all such study as investors and their professional advisors would reasonable require and middling expect to find for the purpose of assessing the financial position of the issuer and the nature of the securities on offerThose who issue a prospectus, holding out to the public the great advantages which will accrue to persons who will take those shares and inviting them to take shares on the faith of the representations therein contained, are bound to state everything with exact and scrupulous accuracy and not only to abstain from stating as fact that which is not so, but to omit no one fact within their knowledge, the human beings of which might in any degree affect the natu re, or extent, or quality of the privileges and advantages which the prospectus holds out as inducements to take shares5To determine whether or not the information that a rival caf chain had commenced legal proceedings against the company alleging that the design of its outlets and products infringed their bright property rights should have been disclosed in the prospectus to Zara s80(4)permits postulate to be had not only to the nature of the issuer and of the securities but also to the nature of the persons likely to consider acquiring the securities, the knowledge which their professional advisers may be judge to have and to information already in the public body politic by virtue of its publication under statutory or regulatory requirements. We are not made awake of any information about Zaras advisers however the information is not information that is required to be in the public domain as a advance has been brought not actually heard. If the claim had been heard at court and been successful then it may fall in the public domain, therefore on this priming coat it is information that should have been disclosed in the prospectus.The next question that falls to be addressed as to whether Jim and JZ Horgan were persons who were liable for the prospectus and this can be determined by destination to decree 13 of the Public Offers of Securities Regulations.6 The persons responsible areThe issuer (the company)The directors of the IssuerEach person who has authorised himself to be named, and is named, as having hold to become a director, whether immediately or at a future timeEach person who accepts , and is verbalize as accepting, tariff for, or for any part of, the prospectusEach other person who has authorised the contents o f the prospectus or any part of it andThe offeror of the securities and its directors where It is not the issuerIt can therefore be seen that both Jim an JZ Horgan will be persons who are responsible to Zara and may therefore b e required to indemnify her.JZ Horgan and Jim are responsible for the prospectus and are liable to pay compensation to any person who has acquired any of the securities to which it relates and suffered issue as a result of any sham or misleading disputation in it or of the omission of any matter required to be included under the Act or regulations7. The provisions do not require Zara to verbalize that she relied on the misstatement in order to establish a cause of action, but she must be able to show at least a casual link between the misstatement or omission and the loss will have to be proven. Zara has said that she would not have bought the securities had she known about the action brought by the rival company. The loss is of course the one million pound that has been salaried by the company and the resulting decrease in the value of the shares. As regards the bank, irrespective of their knowledge they will still be liable. This is because the statute does not require the ma ker of the statement to have assumed responsibility towards the claimant. Therefore Zara will be entitled to be compensated for the loss that she has suffered from.JZ Horgan and Jim could raise a defence. The defences that are available to them are contained in schedule 10 and regulation 15 and they provide persons responsible for the misstatement or omissions with exemptions. They will be able to escape liability if they can satisfy the court (a) that he reasonably believed that there were no misstatements or omissions and that he had done all that could reasonably be expected to ensure that there were not any and that, if any came to his knowledge, they were change by reversal in time or (b) that the plaintiff acquired the securities with knowledge of the falsity of the statement or of the matter omitted. Where the statement in question is made by an smart and is stated to be included with the experts consent, these rules are applied to the belief that the expert was competent a nd had consented to the inclusion of this statement. It is unlikely that JZ Horgan and Jim will be able to establish that both these exemptions apply and therefore will be considered to be liable to pay compensation to Zara.It should be noted that if for any reason this action to recover indemnity failed for any reason then Zara would be able to seek compensation against JZ Horgan and Jim in three other ways. The first would be change at plebeian law. The parking area law provides civil remedies for misrepresentations which have caused loss to those who have relied upon them8. Zara may well also have the common law option of her right to make void the contract. The common law allows , in certain circumstances , claimants to scratch out a contract entered into as a result of misrepresentation whether that misrepresentation is fraudulent , absorbed or wholly innocent. Such a right would be actionable against the company only as the company is the person with whom Zara entered the contract with. The final utility(a) option would be to make a claim for breach of contract. The advantage of establishing this would be that the misrepresentee would have a claim in damages to be open to be assess on the contractual basis, rather than the tortious basis. Therefore Zara may be able to claim for heads of damages such as the loss of the expected profit on the shares.Question 3Jims obligation under s80 (1) of the Financial Services and Marketing Act 2000, implementing Article 21 (1) of the Listing Directive, that the prospectus submitted to the FSA shall contain all such information as investors and their professional advisors would reasonable require and reasonably expect to find is a continuing obligation. down the stairs s81, if after the preparation of a prospectus but before dealing in the securities begins there is any change significant for the purposes of making an informed assessment, the company must submit to the FSA a supplementary prospectus for appr oval. If the company is not aware of the change, it is not required to comply with the obligation, but any person responsible for the prospectus who does know of the change is under a duty to notify it to the company.To determine whether or not the information that the company has just settled an intellectual property claim for 1million and that a profit warning is just about to be made should have been disclosed any purchasers of the securities s80(4)permits regard to be had not only to the nature of the issuer and of the securities but also to the nature of the persons likely to consider acquiring the securities, the knowledge which their professional advisers may be expected to have and to information already in the public domain by virtue of its publication under statutory or regulatory requirements. We are not made aware of any information about the purchasers advisers however the information is not information that is required to be in the public domain as a claim has been bro ught not actually heard. If the claim had been heard at court and been successful then it may fall in the public domain, therefore on this basis it is information that should have been disclosed in the prospectus.The next question that falls to be addressed as to whether Jim and JZ Horgan and now the company were persons who were responsible for the prospectus and this can be determined by reference to regulation 13 of the Public Offers of Securities Regulations.9 The persons responsible areThe issuer (the company)The directors of the IssuerEach person who has authorised himself to be named, and is named, as having agreed to become a director, whether immediately or at a future timeEach person who accepts , and is stated as accepting, responsibility for, or for any part of, the prospectusEach other person who has authorised the contents o f the prospectus or any part of it andThe offeror of the securities and its directors where It is not the issuerIt can therefore be seen that the company will be liable as the issuer of the securities.The company is liable for the misleading and or omission of information and are liable to pay compensation to any person who has acquired any of the securities to which it relates and suffered loss as a result of any untrue or misleading statement in it or of the omission of any matter required to be included under the Act or regulations10. The provisions do not require the purchasers to show that she relied on the misstatement in order to establish a cause of action, but she must be able to show at least a casual link between the misstatement or omission and the loss will have to be proven. The loss is of course the one million pound that has been paid by the company and the resulting decrease in the value of the shares.The phoner could raise a defence. The defences that are available to them are contained in schedule 10 and regulation 15 and they provide persons responsible for the misstatement or omissions with exemptions. T hey will be able to escape liability if they can satisfy the court (a) that he reasonably believed that there were no misstatements or omissions and that he had done all that could reasonably be expected to ensure that there were not any and that, if any came to his knowledge, they were corrected in time or (b) that the plaintiff acquired the securities with knowledge of the falsity of the statement or of the matter omitted. Where the statement in question is made by an expert and is stated to be included with the experts consent, these rules are applied to the belief that the expert was competent and had consented to the inclusion of this statement. It is unlikely that the company will be able to establish that both these exemptions apply and therefore will be considered to be liable to pay compensation to the purchasers of the shares.It should be noted that if for any reason this action to recover damages failed for any reason then the purchasers would be able to seek compensatio n against the companyin three other ways. The first would be damages at common law. The common law provides civil remedies for misrepresentations which have caused loss to those who have relied upon them11. The company may well also have the common law option of her right to rescind the contract. The common law allows , in certain circumstances , claimants to rescind a contract entered into as a result of misrepresentation whether that misrepresentation is fraudulent , neglectful or wholly innocent. Such a right would be actionable against the company only as the company is the person with whom the purchasers entered the contract with. The final choice option would be to make a claim for breach of contract. The advantage of establishing this would be that the misrepresentee would have a claim in damages to be effected to be assess on the contractual basis, rather than the tortious basis. expected profit on the shares.In consideration of whether or not Jim will be liable to those p urchasers himself the principle of limited liability should be considered. The principle of limited liability stipulates that a director/shareholder will be limited in personal liability to there shareholding, therefore on the face of it would seem that Jim is not in person liable. However, it should also be considered whether or not Jim had the actual authority to issue the shares. The reason that this question arises as when he originally issued the shares he was acting a sole trader, this is of course no longer the case and reference should therefore be made to the companies articles. If he was acting outside of his authority and not as an agent of the company it could be that he could be held personally liable for any loss which these shareholders have suffered from.BibliographyLegislationCompanies Act 1985Financial Services and Marketing Act 2000Misrepresentation Act 1967Public Offers of Securities RegulationsCasesDerry v cheep (1889) 14 App Cass 337Hedley Byrne Co Ltd v Helle r Partners Ltd 1964 A C 465New Brunswick and Canada railroad track Co v Muggeridge (1860) 1 DR SM 363Re Nuneaton Football friendship 1989 BC L C 454 CABooksBailey E, Groves H, Smith C , (2001) Corporate Insolvency Law and Practice, 2nd Edition, ButterworthsCheffins B, (1997) Company Law Theory Structure and appendage, Clarendon PressDavies P, (2002) An Introduction to Company Law, Oxford University PressDavies P, (2002) Gower and Davies Principles of Modern Company Law, 7th Edition Sweet and MaxwellGriffin S , (2000) Company Law Fundamental Principles, 3rd Edition, Harlow PressHicks A Goo, (2001) Cases and Materials in Company Law, 4th Edition,Blackstone1Footnotes1 S 80 (10) The Companies Act 19852 S80 (9) The Companies Act 19853 tally Ss89 to 96 The Companies Act 19854 See RE Nuneaton Football Club 1989 BC L C 454 CA5 Per Kindersley V C in New Brunswick and Canada Railway Co v Muggeridge (1860) 1 DR SM 3636 SI 1995/1537 as amended7 S90(1) and reg 14 (1)8 See Derry v Peek (1 889) 14 App Cass 337 The Misrepresentation Act 1967 Hedley Byrne Co Ltdv Heller Partners Ltd 1964 A C 4659 SI 1995/1537 as amended10 S90(1) and reg 14 (1)11 See Derry v Peek (1889) 14 App Cass 337 The Misrepresentation Act 1967 Hedley Byrne Co Ltdv Heller Partners Ltd 1964 A C 465The Man Who Bombed Karachi A Memoir by full admiral SM NandaThe Man Who Bombed Karachi A Memoir by Admiral SM NandaThe phonograph recording by Admiral SM Nanda, The Man Who Bombed Karachi A Memoir, is an autobiography by an Indian naval officer who retired as the Chief of Naval staff (CNS) and is often remembered for his most remarkable and vital role played during the planning and execution of maritime operations which led to the historical victory of India over Pakistan during the 1971 negate. The author, who was the then CNS during the 1971 conflict with Pakistan, is the most qualified person to bring out the various aspects of the successful operations carried out by the Indian navy on both th e Western and Eastern theatres during the conflict.The book brings out a structured narration by the author of his childhood at Manora Island off Karachi where he was born. The initial chapters of the book, takes the reader from his childhood to the youth of the author at Minora, where he studied, and on completion of his high school, worked at the Port and Pilotage Department previous joining the Royal Indian Navy (RIN) and commissioned as an acting sub lieutenant in the Royal Indian Naval Volunteer take into account (RINVR) on 11 Oct 1941.The author gives a detailed account of his experiences during his distinguished career in the Navy, which lasted 32 years and also about his subsequent promote as the CMD of the Shipping Corporation of India (SCI). The reader gets firsthand information on the Royal Indian Navy Mutiny which is brought out in great detail in Chapter 3 of the book while narrating the authors tenure at the Signal School, HMIS Talwar, at Bombay. The book also provid es brief account of the authors experiences with eminent personalities while he visited various countries during his tenures onboard various Naval ships. Chapter 9 of the book gives an insight on the evolvement of the nations capability in ship building, as the author narrates the numerous hurdles which he had to face as the Managing Director, Mazagon Docks, and how he successfully accomplished the assigned tasks.The book also provides numerous achievements of the author during his tenures as the Flag Officer Commanding Indian Fleet (FOCIF) and FOC-in-C West. Transformation of a single day celebration of the Navy day to a weeklong Navy Week celebration consisting mega events including review of the Indian Fleet by the President of India in 1969 is one among them. On page 158, the author states that, 45 warships, Indias first submarine (the Khanderi), five glide Guard ships and viii merchant ships were on parade during the fleet review on 28 Dec 1969. The reader could be confused a fter learning that the Indian Coast Guard was formally constituted only on 01 Feb 1977.The book narrates in detail, the evolvement of the 1971 conflict with Pakistan, the elaborate preparation planning and execution of the Naval power during the conflict and how effectively these culminated in the victory of the nation thereby rendering Navy a formidable force which was neglected till then. Chapters 12 to 15 of the book take the reader deeper into the conflict which offers interesting reading even to a layman with the help of simple, clear sketches and photographs. The sea battle which was fought in both Arabian sea and Bay of Bengal are discussed in detail with interesting narrations.In the section Way ahead, towards the later part of the book, the author also brings out significative measures for the future Indian Navy. It is felt that, the book has largely succeeded in providing a deep insight to the achievements of Admiral Sardarilal Mathradas Nanda(Retd.) PVSM, AVSM. The reade r however may derive a feeling that, the author has also endeavored, to a certain extent to clarify certain details pertaining to his reputation, especially his post retirement life.

The Frontier of America :: essays research papers fc

Just a none, I wrote this my Junior Year in high school, so dont expect anything amazing. Please feel throw in to use, edit, tweak in any way you want. Just make sure you document DThe united States of America is a perfect name for the country. It is afterwards all many states united. But to have states you must have land for those states. Before those stats become land they must be a frontier, or as defined by Websters Dictionary, A region that forms the margin of settled or developed territory. The United States has had a frontier of endless land, which has been settled end-to-end many years. The Frederick Jackson Turner thesis on the frontier states Up to our own day American history has been in a large form the history of the colonization of the Great West. The existence of an commonwealth of free land, its continuous recession, and the advance of American settlement westward explain American development. Expansion of the United States can be traced from the first of thos e who settled in Jamestown. It all began with a simple idea, a faster route to India. Yet instead of going approximately Africa someone proposed to just sail west. Yet when these people sailed west they had not reached India. They found North America. They had made the first frontier of America, the colonial frontier. Other groups came to this vast land with its seeming endless frontier. This frontier had multiple challenges, such as Indians, survival, and means of trading for use in mercantilism. The Pilgrims, at Plymouth, followed the Jamestown adventurers. Later the Puritans settled into what instantly is Boston and Salem. The Frontier, which was ever expanding, and always existent in the United States, grew immensely after the revolutionary war. In the Treaty of Paris the United States received the area known as the North West Territory. It was from the Mississippi River to the present day boundary, which were the Appalachian Mountains as was stated in the Proclamation Line of 1763. This virtually forked the size of the United States. This land had already had many settlers, and was a booming frontier. The territory was going to be divided into about 5 states, each of which would not have slavery. The next addition to the United States came at a very prosperous time, when Jefferson was in office. He received the Louisiana Purchase.

To Kill a Mockingbird and How it is Relevant Today :: Harper Lee

To annihilate a mocker is a novel almost all assorted kinds of stereotypes. It takes moorage during the 30s in the depression. It uses a young girls perspective to show how these stereotypes were so abundant, and how terrible they were. The novel has many themes about racism and sexism, which the author portrays in creative ways. I believe that To Kill a Mockingbird is very much keep mum relevant today.An important modestness why To Kill a Mockingbird is relevant today is the ever growing resurgence of racism throughout the country. Events such as the ones in Jena, atomic number 57 reckon to become more common each day. Recently, a black professor at Columbia Univer nonplusy had a noose placed on her door. The novel, which was an take in charge to parcel out knowledge of the racism in the south, was trying to stop the very things that happen everyday now. As racism becomes more and more prevalent, this novel forget be a good tool to service of process teach the next gene ration about racism, and about how it is wrong. Another good reason that To Kill a Mockingbird is relevant today, is how that we need more ordinary people being heroes, like Boo Radley. Boo, who saves the kids from Bob Ewells drunken attack, is thought of as a soupcon by the kids. In reality, Boo is a good person who has not led a normal life. If more people would step up and help people, we would set out a much better society then we have right now. We should also learn not to judge people by legends and stories, merely actually talk to the person and find out who they argon. One of the main reasons this novel is relevant today is the theme of tolerance in the book. ad plainlyment is still something we have a large problem with today. In the novel women, blacks and even Boo Radley are not thought as equals or are just not accepted into mainstream society. Today, we have the same issue. One simple example is how you will see blacks sit at one lunch panel and whites sit at anot her. This is not serious, but is an example of the tolerance we have for others or outsiders. Women are still facing many stereotypes today, and still do not have near as much power as men. Though the stereotypes are less serious than in the novel, they still exist widely today.To Kill a Mockingbird and How it is Relevant Today Harper LeeTo Kill a Mockingbird is a novel about all different kinds of stereotypes. It takes place during the 30s in the depression. It uses a young girls perspective to show how these stereotypes were so abundant, and how terrible they were. The novel has many themes about racism and sexism, which the author portrays in creative ways. I believe that To Kill a Mockingbird is very much still relevant today.An important reason why To Kill a Mockingbird is relevant today is the ever growing resurgence of racism throughout the country. Events such as the ones in Jena, Louisiana seem to become more common each day. Recently, a black professor at Columbia Unive rsity had a noose placed on her door. The novel, which was an attempt to spread knowledge of the racism in the south, was trying to stop the very things that happen everyday now. As racism becomes more and more prevalent, this novel will be a good tool to help teach the next generation about racism, and about how it is wrong. Another good reason that To Kill a Mockingbird is relevant today, is how that we need more ordinary people being heroes, like Boo Radley. Boo, who saves the kids from Bob Ewells drunken attack, is thought of as a ghost by the kids. In reality, Boo is a good person who has not led a normal life. If more people would step up and help people, we would have a much better society then we have right now. We should also learn not to judge people by legends and stories, but actually talk to the person and find out who they are. One of the main reasons this novel is relevant today is the theme of tolerance in the book. Tolerance is still something we have a large probl em with today. In the novel women, blacks and even Boo Radley are not thought as equals or are just not accepted into mainstream society. Today, we have the same issue. One simple example is how you will see blacks sit at one lunch table and whites sit at another. This is not serious, but is an example of the tolerance we have for others or outsiders. Women are still facing many stereotypes today, and still do not have near as much power as men. Though the stereotypes are less serious than in the novel, they still exist widely today.

Business :: essays research papers

CHAPTER IINTRODUCTIONThis study exit examine the overall affect on connection, as well as the historical aspect of the integration of African-Americans, into sports in the United States of America. This study is to a fault designed to discuss and or break down any racial stereotypes involving African-American athletes. Most importantly, this study will also examine the progression that African-Americans have made on the field as athletes and in corporate America as well.The overall affect that integration had on society will be discussed start-off. The acceptance and the scrutiny of the African-American athlete will be examined. Secondly, the researcher will discuss some of the many racial stereotypes that African-American athletes have to live up to or even hold their heads in shame because of. The third and last(a) area of research is to discuss the progression that African-Americans have made in the world of sports during the geezerhood after integration. The majority of the literature for this study was obtained from various websites and indite material discussing the aforementioned topics. This study will not be the first of kind, however the information that was discovered is different than previous studies that have been done on this topic. Since the birth of the United States, this society has been capitalistic in nature. The basis of capitalism is competition. The business that is the best will win or make the most money. This is also the true nature of sports as well. Even though sports took on this mentality, it is still leaps and bounds ahead of society when it comes to equality. After- all Jackie Robison was a Brooklyn Dodger five years prior to the Brown vs. Board of Education case in 1954. In many ways sports in America have become a microcosm of what society should be. Although Jackie Robinsons barrier breaking entrance into the Major Leagues was probably the most important event to take place in sport history, it is not the first time Af rican-Americans were involved in sports. Early records have shown that African Americans were involved in these sports whenever given the opportunity to participate. On the other hand, American sports are fill with records of African American athletes capable of participating in the broad sports arena but not given the chance due to their race. Therefore, as sports grew into an American general pastime, it also grew along on separate fields with race as a dividing line.