ICT Meeting Special Needs Essay

Introduction In this report I will describe a wide range of technologies which Tony Mcnulty, who is disabled, with an evaluation of the extent to which these meet their needs. Tony is paralyzed so he can no longer use his hands and legs properly. Sometimes Tony cannot hear very well sometimes and has to have sentences repeated to him several times. Tony was formally an architect but he fell off a building site whilst on a job. He now gets his staff to go on sites and he draws the designs at home. Tony is cared for by his brother but is married with three children. Tony normally goes out with his friends to pubs and clubs with people with similar disabilities. Technology 1 Electronic Wheelchair An electronic wheelchair is a wheelchair which uses a battery (usually a gel cell or wet cell) that must be re-charged on a regular basis. These types of wheelchairs are significantly heavier than most manual wheelchairs because they must house both the battery weight and the weight of any additional adaptive equipment. Advantages The advantages of electronic wheelchairs are that they are powered by a battery which means less physical use of the body for those who find it hard to use their hands properly. Another advantage of electronic wheelchairs is that there is no need for someone to assist you can go by yourself. Another advantage is that it easier going uphill because you are not using up any of your energy. Disadvantages The disadvantages of electronic wheelchairs are that they cannot be folded like manual wheelchairs so this may be a problem in small houses. Another disadvantage is that the battery runs out and needs to be charged so you can not travel far without it needing a recharge. Personal Needs An electronic wheelchair meets Tony’s personal needs because he can go out anywhere he wants to go without the need of assistance from anyone. He also goes out and does shopping if his carers are not at home. An electronic wheelchair meets Tony’s personal needs because Tony has the chance to go out for fresh air for longer and more often because if Tony used a manual wheelchair he gets tired of moving it with his hands so would then have to go back home. Another personal use that Tony uses the wheelchair for is to go shopping, the wheelchair allows him to do this on his own, as it can lift to reach products on high shelves and it can also climb stairs, meaning that he can go shopping almost anywhere without being assisted by a family member or a friend to help him. But with his power wheelchair he goes out for a lot longer but he has to be back home before the battery runs out. Evaluation of how it meets his personal needs It can be found from the personal needs above that the Electronic wheelchair fairly effective at meeting Tony’s needs. This is because Tony needs the wheelchair to be able to run for at least 6 or 7 hours at the time, and it can do this very easily, this is as the battery life of the electric wheelchair is reasonably long and it can allow Tony to stay on the move for long periods of time. Also because the frame of the Wheelchair is so strong, it allows him to do a lot of things. For example the wheelchair has the ability to climb stairs, and without the strong frame it would simply break apart under Tony’s weight, so therefore the strong frame allows the technology to meet his needs even more effectively as it proves that it is dependable and will not crack under pressure. Electric wheelchair is mainly positive, however it has some problems, one being that because it is so heavy due to its metal frame, Tony finds it hard to travel with it meaning that he cant really go on holiday on his own or even fold it away when he is at home, although he never really does as he cant walk. This means that the electric wheelchair is not completely successful at meeting Tony’s needs, but it is the best thing for it as other forms of wheelchair simply do not have enough functions to help Tony. Social Needs An electronic wheelchair meets Tony’s social needs because he can take it to go out with his friends and family on outings. He also doesn’t have to worry about the battery running out because his friends or family members push him home whenever this does happen. Electronic wheelchairs allow Tony to more free time because he is going out with his friends so he can get to the destination faster rather than pushing a manual wheelchair around and having to stop for quick breaks when he gets tired. He can also set other dates to go out on his days off. The electric wheelchair has quickly become an integral part of his social life as it simply has allowed him to do things he was not able to do before, such as going out for a drink or even going to go and watch a football match with his mates. As the Technology meets this need, it gives him the opportunity to go out with friends to bars and restaurants, which is his main social need. Evaluation of how it meets his Social needs The Electric wheelchair is almost perfect at meeting Tony’s social needs as it has almost all the properties needed to meet his social needs. Due to its reasonably long battery life it allows him to successfully meet his social needs, such as going out for lengthy periods of time, giving him more time to enjoy himself. The electric wheelchair is one of his most helpful tools that help him conquer his disability, but even this technology has some problems. For example due to it being quite dangerous because it is vulnerable to faults, such as the brakes not working. Professional Needs Tony uses his electronic wheelchair in his professional life because he can’t walk properly very much without falling so he takes his electronic wheelchair to work so he can look around the building site properly An electronic wheelchair meets Tony’s professional needs because he can look around the building site properly without having to tell his staff to look around all of the time and make suggestions. The electric wheelchair is a vital part of Tony’s workplace, in terms of mobility. As I have said earlier, Tony is an architect, and this involves a large number of tasks that are almost impossible for him. Especially the electric wheelchair, it allows him to perform the most crucial part of being an architect. It lets him get to sites on time and then move around the site so that he can keep on top of all his jobs and do it on his own, as the wheelchair allows him to move freely in and around his workplace. Another important need of Tony that he has at work is that he needs to be able to go up stairs to view sites which require climbing stairs so his wheelchair allows him to climb stairs as it has this function, meaning that he can get around work without having to get people to carry him up stairs. Evaluation of how it meets his professional needs Overall the technology is very effective at meeting Tony’s professional needs. It gives him the opportunity to move around building sites freely as the wheelchair can get through the tightest spaces, meaning that is effective at meeting his need off moving around building sites effectively. Also because the battery life of the wheelchair is quite long it can get him through the average 9 to 5 day and even more as it is possible for the day to be delayed. Therefore the electric wheelchair helps Tony get through any un-suspected surprises that might come up at work. This makes the wheelchair very reliable as it is not only mobile but very reliable and Tony can almost always depend on it. Although the wheelchair is very good at meeting Tony’s work needs, it lacks a few things, for example, if Tony had a worst job he would not be able to afford the wheelchair that he has and he might not be able to keep his job without it. Also because the wheelchair can be dangerous someti mes, he often needs the help of colleagues to help him out in certain situations, such as opening doors or getting down stairs. Technology 2 Braille Keyboard The Braille keyboard was designed to stop the development of Carpal Tunnel Syndrome, Cumulative Trauma Disorders, Repetitive Motion Syndrome, Repetitive Strain Disorders and Repetitive Stress Injuries, and other injuries. Your entire upper body and arms are relaxed as your wrists remain straight while you type. Advantages The advantages of a Braille keyboard are that it helps stop the development of many diseases which may save you lots of pain in the future. Disadvantages The main disadvantage of a Braille keyboard is that it costs more than a standard keyboard so this may be a problem for people that can’t work. Personal Needs Tony uses his Braille keyboard in his free time when he is using his computer at home he mainly uses it to browse the internet. He also uses it to type letters to companies and spreadsheets for tax purposes. A Braille keyboard meets Tony’s personal needs because he uses the internet on a daily basis. Although he can use a standard keyboard it puts lots of strain in his hands so he then has to stop. Another need it meets is that it allows him to use a computer that he can surf the internet and do any other things he may want to do. Also a Braille keyboard allows him to make notes and type letters to people through meaning that he no longer has to rely on a notepad and pen. Evaluation of how it meets his personal needs The Braille keyboard is very successful at meeting Tony’s personal needs. This is because it allows him to do a lot of things he was unable to do before on his own, primarily communicating with people in spare time which he was unable to do before due to his disability. Also the fact that he no longer has to rely on people to help him around the house means that the Braille Keyboard does its job really well when he is actually spending time on the computer. The Braille keyboard is also very successful at meeting Tony’s personal needs as he can connect it to his wheelchair and have it with him almost everywhere, meaning that not only can he be independent at home but also outside the home. Therefore he can use it like a laptop. Although the Braille keyboard seems to be great it has some setbacks. For example it is very expensive and Tony had to save every penny to get it, meaning that there was a chance he could not get the keyboard. This is because he has already had to invest in other expensive technologies to meet his needs such as the Electronic wheelchair. Professional Needs The Braille keyboard has eventually become the heart of Tony’s workplace as it allows him to do his job in almost the same way as he used to do before he sustained his disability. The keyboard gives him the opportunity to go to building sites again and to continue his job as he used to, maybe not as fast as before and with a few mistakes but there is no doubt that slowly it allows him to get back to a normal architects organization. Being a architect also involves a lot of computer input and the Braille keyboard allows him to do it very easily so he can input as much information as he wants into any kinds of types of programs, such as typing letters in Microsoft Word or creating spreadsheets in Microsoft Excel. Evaluation of how it meets his professional needs The Braille keyboard is efficient at meeting Tony’s work needs. It gives him the chance to once again have the same work life as he had before his accident by allowing him to do things that are important to his job that he could not do without it. For example with the keyboard he can still create designs which are required of him as an architect. Therefore this allows him to do his job even though he has a disability. Also because it can be connected to a computer it allows him to complete any computer input he may have at his office without the use of extra technologies such as a tracker ball mouse or a single fingered keyboard, meaning that it is very effective as it incorporates a few technologies in one. However the Braille keyboard sometimes has problems inputting information into a computer as he sometimes finds it hard to fully control his hands meaning that the Braille keyboard is not always fully successful at meeting Tony’s work needs. Technology 3 Stair lift A stair lift is for people who cannot use their own feet to climb the stairs or for people who sometimes get dizzy whilst climbing the stairs. Advantages The advantages of stair lifts are that you can climb the stairs without being afraid that you will fall and you can climb the stairs any time of the day without the worry of possibly having to climb the stairs. Disadvantages The disadvantages of stair lifts are that most stair lifts are very expensive to buy and maintain. Another disadvantage is that if the lift stops working the person may not be able to climb the stairs until the lift is back working. Personal Needs Tony uses a stair lift personally as he has to climb the stairs to go to any of the rooms. He also has to have a shower upstairs so he uses the lift many times a day. Tony also has to use the lift to get to his bedroom when he is going to sleep. A stair lift meets Tony’s personal needs because he uses the lift many times a day and cannot live in his own house without it. Tony has to use the lift every day and several times a day. Also the stair lift has allowed him to and from his own room as he can now use the stair lift without the fear of falling down the stairs. The stair lift can also be used by him to communicate with friends through email, as he has to climb the stairs to get to his computer. Evaluation of how it meets his personal needs The single finger keyboard is good at meeting at Tony’s needs, this is as the stair lift is very easy to use and it takes little time to get used to operating it. This means that Tony learns how to use more and more technologies so if he bought another similar technology it would not be very hard for him to use as he can quickly learn the ins and outs of this easy to device. The stair lift is also very good at meeting Tony’s personal needs as it is reasonably cheap and he doesn’t have to spend large amounts of cash in order to be able to climb stairs, this allows him to save money for more essential things. Professional Needs Tony uses the stair lift for a number of important work needs. One of the most important was that the stair lift allowed him to get to his office on the second floor of his home, meaning that he could do his job again even though at a slower pace. Another need that it met was that he could transport documents whilst on the stair lift without needing someone to help him. Also with the help of the stair lift he can gain access to his computer which is also in his office so he can once again type letters to clients and business partners without having someone to do it for him, meaning that he can do most of the real important things that an architect has to do. Evaluation of how it meets his professional needs The stair lift is good at meeting his work needs as it allows him to do one of the most important architect tasks, which are computer designs. This means that his work life can go back to an almost normal state, as the stair lift is very good at helping him work through the disability and resuming a almost normal working life. Without the stair lift he would have had to move his office downstairs then he would have had to sacrifice one of the rooms downstairs to make way for his office. Due to the large amounts of work that have to be done in a architects office, the keyboard frequently has to be maintained as it is cheap parts and it can easily break, meaning that it could break at any moment, not letting Tony work until he gets a replacement or he has to wait for an engineer to fix it for him. Therefore the stair lift doesn’t completely meet Tony’s work needs.

Itb Syndrome

My condition 3is called ITB syndrome Explanation: ITB syndrome stands for Iliotibial Band Syndrome. This is a common thigh injury generally associated with running. The band is crucial to stabilizing the knee during running. The irritation usually occurs over the outside of the knee joint, at the lateral epicondyle. The iliotibial band crosses bone and muscle at this point; between these structures is a bursa, which should facilitate a smooth, gliding motion. However, when inflamed, the iliotibial band does not glide easily, and pain associated with movement is the result. SymptomsITBS symptoms range from a stinging sensation just above the knee joint (on the outside of the knee or along the entire length of the iliotibial band) to swelling or thickening of the tissue at the point where the band moves over the femur. The pain may not occur immediately during activity, but may intensify over time, especially as the foot strikes the ground. Pain might persist after activity. Pain may a lso be present above and below the knee, where the ITB actually attaches to the tibia. Who does this commonly affect? Endurance athletes are prone to developing iliotibial band syndrome.Athletes who suddenly increase their level of activity, such as runners who increase their mileage, often develop iliotibial band syndrome. But other activities that can cause this are biking, hiking or weightlifting (especially when doing squats). Treatment The iliotibial band can be rested, iced and compressed to reduce pain and inflammation, followed by stretching. Using a foam roller to loosen the iliotibial band can help prevent and treat ITBS. A compression wrap to mobilize the ITB where the tendon meets the knee is also key to reduce the inflammation.Another pain reliever would be a cortisone injection into the area, which is usually helpful, and it can also be curative. But for the more severe and treatment-resistant cases may require surgery to mobilize the band. Prevention Rolling out your IT band will help prevent this. While this exercise using a foam roller will help to alleviate IT band pain, it also helps prevent problems from starting in the first place. It's painful, especially if you're already having IT band issues, but after a week or two of consistent rolling, you'll notice less pain. Also a lot of stretching can prevent ITB syndrome.

Poverty in India Essay

With 44 percent (44%) of the global outsourcing market in the off shore sector for software and other business process currently being hosted by India, it has fast gained global recognition as the premier global destination for business process outsourcing.   With generated revenues totaling over US$ 17.2 billion and employment related to outsourcing at 1.05 million as of March 2005, India has greatly increased its economic output and per capita GDP.   This economic growth of India has been heralded as one of the most amazing success stories of the 20th century.   The growth rates that India has been posting over the past five years have made it one of the reasons why investments have risen in the area. The problem is that even with the robust economic growth of India the schism between the rich and the poor continues to grow.   Outsourcing, while creating a boon for the Indian economy, has also intensified that gap by creating new social classes and spawning new cultural changes.   Therefore, because of the weak economic fundamentals of the Indian Economy, instead of narrowing the gap between the rich and the poor, it is instead widened and fewer jobs are created thus leading to more widespread poverty. The greatest problem that these poor fundamentals present to society however is the widening of social divisions that are already existent in society.   In the Indian model the social rifts that are created deal with the differences from within the family unit in relation to the outside society.   The creation and birth of a new type of middle class society which is predominantly comprised of members of the youth sector is creating a class that is being socially and culturally alienated from the rest of society, particularly in the traditionally conservative Indian society. New work habits and consumer patterns have created a new class that enjoys the more expensive and extravagant lifestyle that is supported by the relatively high wages that receive as compared with the rest of Indian society.   There is very little time to spend in the household where more solid and fundamental values are instilled and nurtured and instead the constant exposure to western society has resulted in a degradation of whatever morals were created or instilled in the first place.   For others, the pressure of keeping the job and maintaining the accustomed lifestyle isolates them from other members of society in their efforts to generate more income. In India where the economic disparity was historically at lower levels, the introduction of higher paying jobs as a result of business process outsourcing has increased the rift between social and economic classes as well.   The newly emancipated and empowered women as well as the new rich employees of outsourcing firms are now experiencing things that their parents could never have enjoyed in their lifetimes such as televisions, ipods, cars and cellular phones.   The rift would not be so great however were the opportunity available equally to all sectors of society.    As it is however, only those with certain qualifications and training are allowed those opportunities and this has created a new resentment for those who have gained so much in so little time. While this has certainly generated more income for the Indian government to utilize in other social welfare projects, the income from taxes is not spent on decreasing the economic divide that exists but has actually been spent on infrastructure projects in IT designed to drum up more business and thus increasing the social gap even more.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Another reason for the widespread poverty in India lies in the failure of the government to enact programs to ensure that the economic developments that benefit certain sectors of society also trickle down to the masses.   The Indian Planning Commission has estimated that as of the year 2004 and 2005 nearly 27.5% of the Indian population was living below the poverty lines. Nearly 75% of all those living below the poverty line are located in the rural areas of India.   This shows that while most of the developed cities in India are beginning to grow, the rural areas of India are not able to benefit from this economic development.   With over 836 million citizens living on less than US$ 0.50 cents, it seems that the poverty problems of India are more rooted on the poor economic structure than anything else. Another reason for this is because of the different social, religious and economic groups that are in India.     The fact that the caste system was encouraged until the early 20th century has also added to the poverty rate in India because of the special rights and privileges that were given to others.   Coupled with the lack of property rights, since the right to property is not constitutionally declared in India, these barriers effectively prevent those from the lower economic classes of India from entering the middle class. There are a number of other reasons that can be cited as the cause for poverty in India.   Most of these theories are based on the poor economic fundamentals that were established during the British Regime and during the resulting political turmoil that resulted immediately after the transfer of power in 1947.   Be that as it may, such poor fundamentals have also given birth to other economic problems such as the growing divide between the different economic classes in India. The recent economic growth of India due to its growing role as a major player in the outsourcing industry has indeed granted a number of benefits to Indians but at the same time it has served to increase poverty in certain areas because of the failure of the government to ensure a more equitable distribution of income among the masses.   Lack of government infrastructure projects and rampant corruption remain to be the deterrents for India’s true economic growth.   Until India is able to address these problems, poverty will remain to be synonymous with the Indian Economic system for years to come.    References: Agrawal, A. N.: Indian Economy. Problems of Development and Planning. 18th edition, New Delhi: Wiley Eastern Limited 2002 Ahluwalia, Isher Judge: New Economic Policies. Reform of Public Sector Enterprises and Privatisation in India. mimeo, February 2004, paper presented for the Conference on Economic Liberalisation in South Asia at the Australia Singh, Ajit Kumar: Social Consequences of New Economic Policies. With Particular Reference to Levels of Living of Working Class Population. In: EPW, February 13, 1993, p. 279 – 285 Sridhan, E.: Economic Liberalisation and India’s Political Economy: Towards a Paradigm Synthesis. In: The JCCP, vol. XXXI, no. 3, November 1993, pp. 1 – 31 A overview and critical discussion on theoretical explanations of the Indian political economy Varadarajan, P.; Bharadwaj, S.; Thirunarayana, P.: Executives attitudes toward consumerism and marketing – an exploration of theoretical and empirical linkages in an industrializing country. In: Journal of Business Research, 1994, vol. 29, no 2, pp 83-100

Construction of the Golden Gate Bridge Essay Example | Topics and Well Written Essays - 250 words

Construction of the Golden Gate Bridge - Essay Example Tall towers, long and thick cables, and the largest underwater foundation piers ever to be built were all part of the construction requirements for the bridge. There were many who considered this task impossible in the violent open seawater conditions in which the construction was to take place (Hemenway, 2009). In those days the fatality average in such constructions was one fatality for every million dollars spent and $35 million was spent on the construction, meaning that in these conditions the fatalities should have been more than 35 constructions workers. Yet, the bridge opened on time, with a much lower fatality rate (Hemenway, 2009). This was the result of safety precautions taken in the form of strict rules preventing dangerous behavior at the construction site and the use of protective head gear. However the stand out precautionary measure was the use of a safety net that was strung out underneath the bridge floor from one end of the bridge to the other, and was the safety lesson learnt from the construction of the bridge. In the first three years of the construction only one fatality occurred, and more importantly the utility of the safety net was demonstrated, when nineteen men accidentally fell during construction onto the safety net and survived the normally fatal fall. These men later came to be known as the Halfway to Hell Club.

Project management for business Essay Example | Topics and Well Written Essays - 2000 words

Project management for business - Essay Example mwork demonstrated by Arup management with the help of consulting the technical experts from engineering, management and mechanical departments, whose collaborative planning and implementations of the same could turn out to be triumphant in making the Olympic event as a great accomplishment in the eyes of jury, participants, spectators and experts alike. The report on the foundation of the given case study has reached the conclusion that Arup’s hiring services and consultation of skilled and proficient experts as well as taking risks out of their expertise has also contributed to the extraordinary success of the project they had articulated and presented on the eve of Olympic Games held in China, and hence won first prize from association of project management (APM) subsequently. This report has been created by making evaluation of the Water Cube project, which had been planned, managed, introduced and presented by Arup project management team as a venue for conducting of Summer Olympic competitions 2008 (Arup, 2008). One of the most essential reasons behind writing this report includes the exploration of project management by paying particular heed to the project planning, and project monitoring and control. Support has also been sought from the theories associated with the under-examination projects on one side, and practical steps taken by Arup for the successful accomplishments of their Water Cube project on the other (APM, 2008). Two theoretical frameworks including Project Constraints and Project Lifecycle have been included in this report, both of which had been selected by Arup management while planning, executing and administering their under-examination project. A project simply refers to a unique, transient endeavour undertaken to achieve planned objectives (APM, 2012). A project is a temporary organisation created for the purpose of delivering one or more business products according to an agreed business case (Team FME 2013, p. 9). In other terms,

Case study and 3Questions Help me Essay Example | Topics and Well Written Essays - 500 words

Case study and 3Questions Help me - Essay Example The converse position isn’t really converse from Carr’s argument; it merely addresses the issues on a more singular level. To revisit the railroad analogy, having the technological tracks already set, as evidenced in diverse strands of computer and internet technology, company’s now must focus on more precise and finely-tuned technological measures in order to gain a competitive advantage. While these measures don’t carry the aplomb of the initial IT infrastructure (as Carr indicates) they nevertheless are essential measures (as the article argues). Again, this question seems to be one primarily concerned with semantics. Few business leaders would acknowledge that information technology is useless in the sense that the article presents it. The real question should be to what extent a fundamental infrastructure has been established and to what extent can one even continue to speak of a unifying concept of ‘information technology’. While General Electric and Intel surely have a number of overlapping information technology concerns, when it comes to specific instances of information technology there are areas of great divide. Surely, advances in information technology when applied strategically and competently no doubt result in business advantages; for instance the CEO of General Electric states, â€Å"We tend to get a 20 percent return on tech investments, and we tend to invest about $2.5 billion to $3 billion a year.† 3. What are several ways that IT could provide a competitive advantage to a business? Use some of the companies mentioned in this case as examples. Visit their websites to gather more information to help you answer. A review of GE’s website reveals their extensive breadth of business involvement. Their involvement in producing media products particularly stands out as an instance where they could implement information

How do we identify trends in physical properties Ionic Compounds Lab Report

How do we identify trends in physical properties Ionic Compounds - Lab Report Example Ideally, the alkali metal or metals will donate an electron that will be added to the electron cloud of the halogen atom. At the molecular level, brittle crystals will form because the placement of ionic charges requires a precise positive/negative juxtapositioning. Physical deformation risks associating a positive with a positive and negative with a negative, generating repellant charges that cancel the bonding tendency, thus, the salt crystal shatters, whereas covalent bonds involving a more cooperative distribution of electrons are much more likely to withstand the same level of deformation. On the other hand, the structure of an ionic lattice tends towards a far higher melting and boiling point than for covalent forms. The heightened charges allow for electrical conductive when melted, but those same charges also allow for solubility in water or other polar liquids, but not in nonpolar liquids such as most lipid-based oils. SOLUBILITY OF IONIC COMPOUNDS IN WATER BASED ON CHARGES PRESENT Ionic compounds, typically salts dissolve easily in aqueous solution. Solubility is the result of an attraction between negative, and positive charges among the ions present. In simple sodium chloride the salt's positive ions (Na+) attract the partially-negative oxygens found in water. In addition, the salt's negative ions (Cl?) attract the partially-positive hydrogens in H2O. The Solubility constant (Ksp) and the common ion effect determine how much salt can potentially be dissolved within that solution. It is simply a matter of whether the ions in the water itself have a greater affinity for the ions in the compound than those ions do for each other. In general, the following rules provide a basis for predicting solubility: Ionic compounds with group 1A metal cations. Nitrates are soluble regardless of the cation. In terms of how soluble a given compound is, based on the available data, it is reasonable to assume that size; more to the point, atomic radii is a decisive fac tor. Moving down an elemental series on the periodic table, the larger atomic numbers appear to be less soluble in water. This is due to the larger sizes of atoms involved, in which the available charge that might be available to the ions in water is more â€Å"insulated† by the larger distances involved. Thus, with less charge within reach of either ion present in a molecule of water, the largest ions are less soluble. (Clark, 2002). Otherwise, the available data with the nine ions indicates an increase in conductivity as concentration throughout the solution increases. In terms of experimental design, graphs can be computed displaying the curve of each ion made as it increases in concentration and the accompanying increase in conductance. ELECTRICAL CONDUCTIVITY BASED ON QUANTITY OF DISSOLVED IONS IN SOLUTIONS With an increase in the number of charged ions in an aqueous solution, electrical conductivity will certainly increase. When ionic compounds break down, they will dis solve into both negatively and positively charged ions, which are of course attracted to the oppositely charged electric particle or current. Covalent compounds will dissociate into neutral ions which will not conduct electricity and should therefore have no consequence for aqueous electrical conductivity. Therefore, there is an inevitable correlation between electrical conductance and the actual quantity of ions present in the water. In terms of

City Sustainability Essay Example | Topics and Well Written Essays - 2250 words

City Sustainability - Essay Example This research will begin with the statement that environmental conservation is the key to a successful life. Effective environmental management leads to a sustainable future. The biophysical environment experiences degradation due to population pressure and change in technology. Conserving the environment is the responsibility of every individual in the society. Environmental conservation encompasses education, legislation, and ethics. In most cases, these factors play an important role in influencing personal-level environment, national-level environmental decisions, and behaviors. Environmental conservation emphasizes on waste management strategies, recycling of used materials, and avoiding pollution. Sustainability has been a controversial and challenging issue to the government and the society. Despite the measures taken to conserve the environment, cases of environmental pollution and degradation still exist in the society. Rapid population growth has posed a major challenge in the conservation of the environment. Urban centers have been the main sites of rapid population growth thus facing problems in conserving the places. Cities as industrial areas depict most cases of pollution whether air pollution, water pollution, or even land pollution. Strategies have been each passing day innovated and invented to reduce cases of environmental pollution. The city authorities have been given a hard task of managing the ever-growing city areas.... Overcrowding in cities leads to water shortages, air pollution, land pollution, and mismanagement of the available natural resources. This leads to epidemic diseases that turn out to be the government’s responsibility. As the major places for income sources, it becomes hard for the government to control immigration of people to the city centers. Different people have different perceptions of life and thus different views on environmental conservation. Some people view environmental conservation as burden given unto them rather than an added advantage on their health and safety (Hyyppa, 2010:139). Environmental conservation has led to a decline in the country’s economy as the government tries to reduces cases of environmental pollution and enhance sustainability. FACTORS THAT DETERMINE THE METHODS USED BY CITIES TO ADOPT SUSTAINABILITY Invention and innovation Through innovation and invention, the city council is able to improvise new machines that used in sustaining the city. Moreover, the technology used in a particular city determines the level of sustainability of the city. For efficient sustainability, the city ought to invent high technological machines that are environmental friendly rather than those that cause hazardous effects to the city. Responsibility Responsibility is a main factor of consideration when planning for environmental sustainability. In order to enhance a city’s sustainability, the residents should take it as responsibility. The sustainability of any city requires devotion and concern. Lack of consciousness in maintaining the city’s sustainability both for the present and future generation, it becomes hard and impossible to implement the measures required to make the city sustainable. Sustainability of

Hyatt Regency Hotel Walkaway Collapse Assignment

Hyatt Regency Hotel Walkaway Collapse - Assignment Example When the walkaways reached the floor, they killed 114 people (Lewis, James, Ralston, Norb& Wheatly 2). The accident left 200 people injured (Banset & Parsons 273). The disaster is related to engineering disasters because of a flaw in the connection of the walkways and the support rods. The disaster led to a number of significant changes in engineering practice. For instance, the engineer who authorized its design lost his license. After restoration, the hotel is currently functioning normally. The Hyatt Regency collapse occurred on July 17, 1981 in Missouri (Banset & Parsons 273). The hotel is located in Kansas City. The accident led to the death of 114 people and caused the injuries of 200 others (Banset & Parsons 273). The disaster has been selected for this paper because it was the most tragic structural collapse in American history at that time. During that fateful night, many people had gathered in the atrium to attend the highly publicized tea party. A significant number of peo ple stood on the walkways. When the accident occurred, all the walkways were packed with many patrons. The design of the walkaways contributed to the extent of the disaster. The fourth-floor bridge was suspended over all the subsequent bridges. In addition, the third walkaway was set off a few meters from the other two. Investigations established a flawed design alteration that increased the load on the connection between the support beams of the fourth walk away and the tie rods that were used to carry the weight of the next walk away. The engineers had clearly failed to observe due diligence. For example, the new design could not handle the weight of the structure. In addition, it could not support the weight of the hundreds of spectators that were standing on it. Consequently, the bridge failed and both walkaways ended up crashing into the lobby. The accident led to the death and injury of many people.

Revaluation of Yuan Essay Example | Topics and Well Written Essays - 750 words

Revaluation of Yuan - Essay Example Although this devaluation will help the exports of the foreign countries to grow, it will hurt the domestic growth perspectives of China, including preservation of domestic growth and stability, and also the stability of political power. Unlike other countries, the communist political party of the country has maintained an equal distribution of goods and services and income among the poorest section of the country, being consistent with the high rate of economic growth. The author has opined that a sudden devaluation of Yuan will hurt the employment structure of the formal as well as the informal sector of the country. This reduction in employment will occur through shifting of â€Å"low-wage manufacturing to countries such as Vietnam and Sri Lanka†. This will cause the domestic rate of growth of income to reduce and thus the level of domestic protests and the degree of political instability will be accelerated in the country. However, as the country is willing to maintain its 8% annual rate of economic growth, with low rates of annual inflation of about 3%, the national propaganda of the country’s communist party is to stick to its current exchange rate determination process. Hence, the foreign countries and business organizations are expecting a much appreciated value of Yuan in the future; however, the future expectations of the economic and trade related effects on the Chinese and the global economy are required to be evaluated before proceeding with the revaluation policy (Lamont). The writer has wrongly revealed the point of view of the communist government of the country regarding the decrease in the amount of employment in the formal sector of the country. The devaluation of the Chinese currency in terms of other currencies will reduce the level of employment in the formal sector of the country and will increase the level of unemployment in the country as large section of the country’s industrial sector is dependent upon the indigen ous technologies. If the country is made open with significant reduction in the value of the Yuan, then it is most likely that the business leaders of the global enterprises will start investing in the industrial sector of the country. This will induce significant level of foreign technologies across the country that will increase the level of unemployment consisting of those laborers who are unable to work with those foreign technologies. However, the notion that the devaluation will reduce the level of employment and will hurt the growth process of the country is not entirely true. This is due to the fact that currency devaluation will increase the level of country’s exports of different goods and services. This will also induce the indigenous products and services to reach the global market and thus the level of production of these goods and services will rise up. This will essentially increase the level of income in these indigenous industries and thus the level of invest ments in technological development will be raised. Hence, not only the future level of income will rise up, this will lead to greater level of development of various indigenous technologies (with the help of significant integration of indigenous technologies with global technologies). Hence, the level of future growth rate of income will also rise up in the country and this will be sustainable as well. Greater amounts of exports will also help the informal

The Missing Link Essay Example | Topics and Well Written Essays - 1000 words

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Apush 1790s Essay Example for Free

Apush 1790s Essay Vital domestic and foreign events have occurred in the 1790s and were both what helped shape American politics. There were domestic affairs such as the Whiskey Treaty, establishment of the first bank of the United States, Alien and Sedition Acts, and discussion of narrow and broad views of the constitution. Foreign events include the XYZ Affair, Jay’s Treaty, and Pickney’s Treaty. There were two political parties that were shaped by these and many other affairs: Federalists and Republicans. The Federalists who supported Hamilton who wanted a strong centralized government, high taxes, and a national bank to find financial stability in the country. The Republicans were supporters of Jefferson who wanted to limit federal power, not create a national bank because of which they had a narrow interpretation of the Constitution. Hamilton, the Federalist, tried to repay the debt the U. S. had owed. This caused tension between the North and South creating the two parties: Federalist and Republican. A domestic affair , the Whiskey Tax was promoted by Hamilton which the tax money was used to pay off debts the U.  S. had owed. The establishment of the First Bank of the United States was what helped create the thoughts of Federalists of creating a financially stable nation. Though opposed by Jefferson saying that it would only benefit merchants and investors and hurt the rest of the country, it was established anyway. The Alien and Sedition Acts were used by Federalists to get rid of whatever Republican enemies they had from France. The Acts made it harder for one to become a citizen, creating a stronger Federalist Party. It also allowed the President to deport anyone of suspicion of making false writings about the government. This was later ruled as unconstitutional by Jefferson and repealed. The Federalist Party was shaped by domestic affairs into becoming a party that cared a lot about the country’s financial position. The foreign affairs for example the XYZ Affair, almost led to war between the United States and France. The United States had sent Federal diplomats to negotiate with the French, but was asked for compensation to make agreements. The U. S. didn’t compensate any money and later came back to negotiate under serious conditions. This Federal victory had led to the Alien and Sedition Acts. Jay’s Treaty was opposed by the Republicans because of the negotiations made with Great Britain for trading purposes. These commercial reasons were thought by the Republicans that there would be a ruling elite group of merchants and investors and a large group of the poor remaining population. More and more wanting of financial stability of the country Is what led to the Pickney treaty that allowed the U. S. to use the Mississippi River trading route granted by Spain. The Republican Party was weak in forming their party because of the power it had in compare to the Federalists. The creation of the Federalists and Republicans were what Washington wished to avoid, but inevitably were created. The domestic and foreign affairs containing from the Whiskey Tax to the Pickney Treaty were used by Federalists to increase their party’s strength and to fix the nation’s debt. The Republicans, though still unmanageable to receive any favors in the Federal government, still benefitted from events like the Alien and Sedition Acts which were to be later used against the Federalists as unconstitutional to help win Jefferson’s presidency. The 1790s was an important time period in creating the first two opposing political parties.

Example Answers for Marketing Management Exam Paper

Example Answers for Marketing Management Exam Paper 5. Identify and describe some problems and challenges to marketing managers in relation to change and innovation. Critically discuss the links between strategic marketing management and the change environment with particular reference to Levitts (1960) seminal article Marketing Myopia. In the marketing context, change brought about by economic recession, disruptive technologies usage and privation can all affect the stability of market environment (Sirmon, Hitt and Ireland, 2007). Global economy is accelerating at a fast rate giving way to competitive risks and opportunities. Therefore, effective strategic planning is incumbent that could help marketers to survive and improve their company performance in turbulent environments (Ireland and Hitt, 2005). Change environment and strategic marketing management: Strategic management involves the role played by managers to align business organization with changing environment. Mostly business organizations are being regulated on narrow vision, therefore in order to bring about change and innovation, the corporate vision of organization must be reexamined to define markets in a broader context. This was the crux of Levitts article marketing myopia, i.e. marketers focus on the products instead of customer. According to him the environmental change is not a major contributor in the problems faced by industries rather it is the constricted stance of their marketing managers or decision makers. It is basically the failure linked with the top managements inability to cope with the business beyond the narrow confines of conventional production procedures. False myths like prediction of an avid market share due to increase in population, absence of substitutes and total reliance on mass production lead to marketing myopia. Approach of the marketers should be customer centric rather than product centric as Levitt has rightfully given the example of Henry Ford, the founder of Ford Motors who adopted the strategy to lessen cost price of cars to attract more customers. Technology cannot always guarantee successful market outcomes therefore sometimes firms have to give away their personal profits to gain long term market survival. The strategic marketing management and its interaction with the firms environment play a vital moderating role. As both components are regarded dynamic, it is less frequent that the firms succumb to the tendencies of marketing myopia. Contrary to that if the marketing environment is static, myopic stance is inevitable and the firm will have to suffer the consequences. For avoiding myopia, a firm will have to adjust with the changing market demands (Lichtenthal, and Iyer, 2003). Presentation1JJ.bmp Table: Typology of firm-environment links To deal with the change environment, firms can develop new strategies with the aid of Mckinsey 7S Model that have the tendency to foresee hard factors (e.g. systems, structure) and soft factors (like culture, education level of employees, shared values etc). The method is also helpful for merger and acquisition (Egner, 2009). mckinsey-7s-model-software_business___productivity_barcode_software-31759-screenshot.gif Hard Elements Soft Elements Strategy Structure Systems Shared Values Skills Style Staff 2. What are competencies and capabilities? Argue the importance of a marketing manager assessing business competencies and capabilities in the fulfillment of corporate and marketing objectives. Use examples of competences and capabilities to illustrate your answer. Competencies and capabilities: These concepts of strategic management refer to the ability of a business organization to provide the services being promised to potential clients. Both are interrelated but differ in their applicability in the marketing context. Competencies might be regarded as the skills possessed by a firm on which the marketing manager or retailer can make strategic decisions. These can be brought about by providing high level customer service or skills like utilization of modern technology by the marketing company. An example of competencies could be the CRM initiatives of the real estate firm, Barratt Developments PLC. Capabilities are reflected through the business organizations actual behavior encompassing the ability of the firm to expand its resource base in order to attain competitive advantage in the market. They can be judged on the basis of firms values, resources and processes (e.g. communication and decision making pattern). Importance of marketing manager: Every business organization possesses some core competencies that are required to be critically evaluated for proper market functioning in coming years. Therefore, managers of a business organization should start developing and planning strategies to achieve these competencies beforehand. For example with the wide scale implementation of the e-tailing concept, maintaining and designing of a website could be the competence that is deemed crucial for success among competitors (Sullivan and Adcock, 2002, p. 323). Skills can be bought in the retail sector yet the onset of developing skills is regarded a better option. Resources and skills for example the retail staff human resources should be honed into the capability for providing a service at a specific marketing level. According to Kotler (1997) for delivering satisfaction to the clients, a good marketing manager should be able to determine the needs for customer satisfaction and express them through organizations capabilities. By strategically investing in resources, development of capability and competencies should be planned by the marketing managers in relation to the marketing objectives set forth by the firm based on the knowledge of current business environment and strategies that are possible to execute. Although development of competencies and capabilities are sometimes difficult to control, managers must predict the future requirements by taking into account current needs (Sullivan and Adcock, 2002, p. 323).

Assessment Of The Burger King Chain Commerce Essay

Assessment Of The Burger King Chain Commerce Essay Burger King is one the fast food chain which is abbreviated as BK, it is operating almost all over the world with its headquarter in Florida, United States. The first store was opened over the piece of Insta Broiler. This equipment was so much popular for cooking burgers. In 1953, BK began as a franchise chain in Jacksonville, a place in Florida. In 1955, where this franchise was facing a financial problem, it was then purchased by David Edgerton and James McLamore and then it was named as Burger King. Burger King is operating in 73 countries with over 12000 outlets, of which 66% holds in US and 90%, has been runned by the private owners. It became a Corporation in 1959, and this is where when all the franchisees purchase the right to open stores and operate it. Initially, when the company started they use to sell burgers, French fries, soft drinks and ice creams. Then later in 1957, BK introduce Whopper which turns out to be the signature for them and they adopted the motto as The Home of Whopper, (Mouw, 2007). Theoretical Background The development of new ventures makes the way for most individuals to come up with an idea and develop it by generating a product or service (Gyamfi and Tontoh, 2007). According to (Morse and Mitchell, 2006), the new venture development can be competitive in the market because many activities are involved in creating a business. Barringer and Ireland (2006) said that the establishment of new ventures gives the society globalization, job creation and innovation. Different scholars and institutions have proposed many ways of developing new ventures from different angles. Moreover, many entrepreneurs have established new ventures competitively without any external influence. Wickham (2004) defined an entrepreneur as a manager which carries out a particular activity; an individual which possesses a personality, psychology and personal characteristics and an agent that adds the value to the society. Sarasvathy (2001) found the dependency of a venture issue on an individuals past knowledge, the experience of its formation, culture and his other distinctive achievements. According to Timmons (1999), the development of a new venture involves the vital factors team, opportunity and resources that are seen to be in a corresponding process. Although there are numerous ways for venture creation, there are also various failures and even it does not become successful in the long run for the few ones (Gyamfi and Tontoh, 2007). Gilkerson and Paauwe (1998) showed that most businesses fail because the choice of business opportunity was poor. Gartner (1988) suggested that entrepreneurship depends on your action and not on your identification. This has generated the interest of looking at business planning process in new venture development. It is important to know about the variables or considerations in developing the new ventures that makes the process feasible or practical and this is what has been presented in the report in accordance with the opinions of different authors (Bhave, 1994). Discussion Business planning is an important aspect that needs to be considered to fulfil the plans for a new venture or renewing an existing venture. It serves as a method to achieve the desired goals (Gyamfi and Tontoh, 2007). According to (Davidsson, 2003), a good planning process provides a good approach of having a niche in the market. It also gives you a process view of entrepreneurship. He believes that it is impossible to take a business in one decision or one act from its non-existence to existence in one step. Therefore, in creating a business, entrepreneurs have to do a number of activities sequentially. Business planning helps in finding the competitive advantage of the operation by finding, describing and refining it (Stan et al., 2003). Profit (2007) says that the planning process gives very good steps needed to reach the goals that have been set for the future. It describes the opportunities, business strengths and a road map for continuous improvement. As the growth and success of a business lies in creating a road map for it but many entrepreneurs, having the knowledge of it, do not have a good planning process (Profit, 2007). This makes it difficult to start up ventures successfully (Gyamfi and Tontoh, 2007). Harper (1991) noted that as many novices do not hesitate to position and elaborate themselves well in the market so the trial and error methods have been unfavourable for them. Profit (2007) suggested that the requirement of an entrepreneur can be accomplished by analyzing the business issues and refining the goals from a good planning process. Timmons (1999) clarifies that it is important to take a decision about the investment of time and effort because some ideas may not lead to business or success. One should also size up about the existence of potential business. Therefore, a good planning method helps one to get confidence, test ideas and see the flaws in his business to avoid the waste of resources and to take the right steps forward (Gyamfi and Tontoh, 2007). In fact, for every 100 ideas presented to investors in the form of a business or proposal of some kind, usually just I or 2 or 3 get funded. Over 80% of those rejections occur in the few hours; another 10 to 80 get rejected after the business plan has been read carefully (Timmons, 1999). Theoretical Spheres The development of a new venture has been discussed by many authors in entrepreneurship. The theories from three experts of business administration, in a sequential mode, have been chosen to make the report more exigent and practical. These are of Hult et al. (1991), Stan et al. (2003) and Profit (2007). Opportunity Analysis of Burger King SWOT Analysis After the goals have been set by managements, it is their responsibility to analyse the companys current position. And to evaluate the position of the organisation, the management use SWOT analysis. This helps the upper management to plan and compare the internal organisation strengths and weakness with the opportunities and threats which are external to the organisation. This helps the management to fulfil the objective which they have stated in the mission statement. Main core competencies of the company are the main strength of the organisation in which they are best at. It is the strength which the customers values and pays for it and which the competitors lacks of. Companys faces problem when they know their weaknesses and did not work on it, the environmental threats will probably molest the weaknesses of an organisation. And these weaknesses can be overcome if they avail the opportunities which can create value to the firm (Marke, 2006). Burger King Strengths Burger King or BK is a worldwide brand which everyone knows about. It attracts all type of customers such as sex, race, age, income etc. It is one of the largest fast food ham burger restaurants (FFHR) in the world It not only distribute in US, it has many franchises situated around the globe. Weaknesses The main weakness of the BK is that they have operated mainly in US; almost 65% of their operations are in United States. BK has not focused on their brand name very well, it relies mostly on franchisees which are carries their brand name along and any mistake by them will decrease the Goodwill of the organisation. BK has the menu which is unhealthy and it does not appeal to the consumers. They brand their products less likely than their competitors such as McDonalds etc. Opportunity BK should develop a new product which can attract customers in the breakfast as well. BK is called the House of Whopper so they should emphasise their brand focusing mainly on Whopper Virgins. They should expand their business in countries like India, Malaysia, and Kuwait etc. Where there is an emerging market. Threats The main threat of BK is that they have to face a healthy competition with McDonalds, KFCs and other restaurants. BK menu is healthy food which the consumers dont prefer much, they should change their habits to attract customers diverting to healthy food. It may affect the profit margins of BK, when the labour cost rises. Source: (Kurtz, 2008) Environmental Analysis It is critical to indentify the variables which can affect the supply and the demand of the products and services by analyzing the macro environment. Whenever there is a change in the environment or the place where the company is operation, it has an impact on the organisation as well. So there are possible criterias which the analyst has to check which can have the effect on the organisation. And these can be Political, Social, Economical and Technological factors. PEST analysis examines the impact of the factors which can affect the business. If Burger King opens its new Venture in Pakistan, they can first analyse the factors which can affect their business or they think that if it is feasible to open up a chain in Pakistan. Burger King PEST Analyses Political: This includes the regulations imposed by the government in the country where they are operating. This relates to the elections, law of employment, environment laws, war, terrorism, governing body, and its structure. These are the factors which the burger king has to analyse before opening their chain in Pakistan. The political condition of Pakistan is not stable at the moments, there are lots of suicide attacks but they can still open a franchise in the popular city such as Karachi and in those areas where the security is high. Economic: It is the level of spending the local government does, taxation, growth of the country, unemployment, rates such as interest and inflation. Country such as Pakistan is one of the developing countries. This country has seen the growth but the interest rates and the inflation rates has been double in over few years but people living there are more keen to have fast food restaurants and a places like these so that there can be an increase in the economy. Social Factors: Social relates to age, gender race etc. It is the standard of living which the people adopt. Technological Factors: These factors are the inventions, research and development and information systems. In Pakistan, investments in terms of social and technological will increase the competition and requires a lot of investment. BK can invest in salads, and low fat food but again there will be a danger for moving away from its identity. It can be good economic purposes of changing their policy to sell high calorie menus because there are few costs which are attached to it. Investments in terms of technology can give an advantage over its competitors such as McDonalds. They can open up a call centre which can be centralizing where the customers can place their orders online. This will increase speed of the customer services and will cut the staff cut. After analyzing the current situation in Pakistan with the help of macro environmental analysis, we can conclude that opening a chain of Burger King, it will not be difficult for them to make money because there are so many restaurants today who have lock their suppliers and the largest companies which are already operating in Pakistan such as McDonalds have the high bargaining power and are able to bare cost such as advertisement. BK can invest more on the products and technology, they can advertise heavily on their new products so that they can attract more customers towards themselves, (Mowen, 2001). Porter 5 Forces Model Porter 5 forces model deals with factors that is outside the industry that influence the environment of competition. A firm has to know about the industries in which it is operating and should know how to compete in the market. It the forces from the competition can be drive. Competition can be created by the interaction of 5 forces which is the threat of new entrants, the power of suppliers, the power of buyers and the threats of substitute. The threats of new entrants are very high because of the fact that it does not require high investment to open up a small restaurant. But BK can advertise heavily on the advertisement where by the customers can only buy the burgers for them. Burger King appears to be in the list of those industries that have the recognized brand with all their benefits are linked with new customers so that they can attract. Supplier power: for the burgers, the ingredients require are just meat, buns and soft drinks, which can be supplied by any of the supplier and there are other supplies which also provide the services such as restaurants premises including the equipment and staff. Golden state foods started supplying McDonalds but now they are supplying the beef and other products to KFCs and BKs as well. There should always be an upper hand on the supplier by the firm. Burger King has a large number of franchised outlets almost 89%. Since after the increase in franchise for BK, they have the limited control over the franchisees and that is the main reason why there are experiencing problems in removing their supplier again and again, Bk seems to be unhappy with the supplier every time. There is a low buying power in the burger industry. It depends on the customers and their taste to which burger to want to have. There is low switching cost and lots of substitute available so the buyer power has increase. As we all know that there are so many substitutes available, there is lots of restaurant and therefore the threat of substitute is relatively very high. And this is the reason why the fast food restaurant like McDonalds and BK do more branding in order to attract more customers. Competitive Rivalry in the burger restaurant is high because there are so many restaurant but we look for the differentiation, BK promotes its burger as the tastiest burgers because it is flame grill. Differentiation is only weapon in this industry, and those customers who have realized the taste can reduce the competitive rivalry (Kurtz, 2008). Competitors Analysis Analysis of the competitive is very important and useful in the sense that the company should know how their rivals are operating and performing. This evaluation is very critical for the use of strategy formulation. A company has to identify the factors both the external as well as the internal to the organisation which can impact the forces. These factors can affect the companys objective and the goals because on these factors they can change their strategy. When KFC came in to the market, they follow the initiates of Burger King and follow the price cut strategy; it was named as the Big King competitor to the Big Mac. When Burger King came to know about this strategy they responded by: BK lowering the prices and cutting the cost on their standardize menu based on burgers, fries and soft drinks. Revenue and growth for BK are the mixture of their strategy but in the late 1990s, the volume was falling especially in US which cause their market share to decline as well. BK boosts their volume by cutting the prices and behaves accordingly to the competitors. They then use their resources and capabilities to turn into a financially strong company. The strategy used by KFC get an aggressive response from Burger King but the burger market in the world today faces a lot of competition between Burger King, McDonalds and KFCs. Source: (Youngman, 1998) Strategic Analysis For the strategic analysis it is very important to define the industries broadly, there should detailed analysis on the competition through which they can focus on the markets that are drawn narrowly in terms of both the products and geography. In the strategic analysis, the process of industries which has many dimensions is divided into segmentations. In an industry, sub markets can be differentiating through Segmentation. A company can sometimes avoid competition if they change their strategy into the segmentation. Burger King has maintained its sales by selling more Whoppers. They analyse probability at the level of customers individuality. Through Segments, key success factors can be differing. In the restaurant industry such as Burger King and McDonalds, the success of an industry can be analyse by segmenting the customers of the fast food and the luxury restaurant, (Grant, 2005). Conclusion Recommendations When the company have enough resources to utilize to its capability, the company just focus on those products for the customers demand more. After the success in the domestic market, company tries to exploit in the international market. But first they will analyse the factors which can affect them in operating in that country. They have to understand the objective that has been set by the competitors and looking into it they should make their own international strategy. There will be an effect on the market share, if the competitor is a large company, this can be a threat to the company who is entering into the market.

Soliloquies Essay - A Powerful Soliloquy in Macbeth -- Macbeth essays

A Powerful Soliloquy in Macbeth The play ‘Macbeth’ uses soliloquies with great effect to express the thoughts of individual characters, particularly in the case of the protagonist, Macbeth. In Act V Scene V, strong words from Macbeth convey to the reader two themes of the play.   This soliloquy demonstrates the play's use of irony and the use of the disparity between the great opposition of light and darkness as symbols for both life and death.   This soliloquy is quite significant to the play as a whole since it demonstrates two very important themes as well as leading to a better understanding of Macbeth. Macbeth is talking to an officer, when hearing of his wife's demise his mood suddenly deepens into that of emptiness.   He begins a soliloquy and states a number of ironic things.   He states that life drags on, that it "creeps in this petty pace" when in reality the speed of his actions and the development of the play's plot are taking place at a great speed.   Furthermore he goes on to describe life as a "brief candle," thus communicating that life’s opposite; death must therefore be an eternal darkness.   Throughout the play, the character Macbeth has longed for death, perhaps so that he can be unleashed from his worldly pain and guilt. He goes... ...arkness, pain, and insignificant. Works Cited and Consulted: Biggins, Dennis. "Light and Darkness in Macbeth." Shakespeare Studies VII (1975) Gilligan, Carol. Irony in Macbeth. Cambridge: Harvard University Press, 1982 Kinney, Arthur F. ed. William Shakpespeare: the Tragedies. Boston: Hall and Company, 1985. Noble, Adrian. "At age 436, His Future is Unlimited." New York Times 23 Apr. 2000, late ed., sec. 2:5. Shakespeare, William. The Tragedy of Macbeth. Elements of Literature. Sixth ed. Austin: Holt, Rinehart and Winston, 1997. "William Shakespeare." BBC Homepage. Online. Available . 26 Mar. 2004.

Identity in Richard Wright’s Native Son and Alice Walkers The Color Purple :: Comparison Compare Contrast Essays

Identity in Richard Wright’s Native Son and Alice Walker's The Color Purple Personal identity is vital to living a worthwhile life. A person who goes through life without knowing what he or she stands for and believes in is living an incomplete life. Those who lack an understanding of their identity will unintentionally accept outsiders’ opinions and stereotypes of them. This harmful position can be seen in many characters from the African-American Literature class. Bigger Thomas, from Richard Wright’s, Native Son, is one lost character. Another character who lacks understanding is Alice Walker’s Celie, from The Color Purple. Both of these characters have a different awareness level of the position that they stand in, and that level changes throughout their respective stories as they attempt to determine what is of importance to them. Bigger Thomas is one character, yet he represents the condition of numerous people. Richard Wright manifested his character from various people that he encountered and rolled all of those interactions and emotions into one character. One reason that the name â€Å"Bigger† is very appropriate for this character is that the name prevents the readers from limiting the character to one person. The name represents more of a complex than a person. This complex includes all young colored men who do not see how they fit into the big picture of society. Bigger does not know what his identity is. He did not receive an abundance of love and support as a child to give him the crucial confidence needed for him to fight for a position in life. Instead, he followed into the stereotypical roles for a poor black man on the streets of Chicago. Bigger often was in trouble with the law. He stole from stores and carried weapons on him. He got into fights with the guys who he hung out with. He did not have a job even though his family had very little to survive economically. These are all traits of the â€Å"bad Negro,† which is another reasoning for the name â€Å"Bigger.† If Bigger had more confidence in what he could accomplish with his abilities, he would challenge the rules that keep him out of the flight school.

Interpersonal Relationships Paper

There is evidence that a motivation for helping is feeling empathy for the other person. Researchers hypothesize that people are altruistic as long as the result is reducing another's stress. Unfortunately, some researchers believe that altruistic helping is instrumental egoistic response. Providing evidence of this is difficult as egoism and altruism are motivational concepts, and they cannot be directly observed, (Nier, 2010). Summary of Issues The arguments in contention deal with altruism and whether people feel motivation for pure altruism or empathy. C. Daniel Batson and his colleagues believe that people have a motivation to help not for what they can receive but for pure altruistic reasons. Nier (2010) states that people who are altruistically motivated to help do so with the goal of increasing the welfare of others, (Nier, 2010, p. 379). Batson, Duncan, Ackerman, Cuckley, and Birch performed an experiment using similarity information to manipulate another's empathy. With 44 female introductory psychology students as the subjects the women are randomly selected to fill out a personal and interest questionnaire. The subjects were assigned to four conditions of easy versus difficult escape and similar versus dissimilar victim design through a random block procedure with 11 people in each cell. One participant from each cell is excluded because that person can suspect Elaine was not receiving shocks. They participants are told to wait for a second subject, Elaine, who is a conspirator of the experiment, and given an introduction while waiting. Drawing roles after signing a consent form is next with the 2 drawing rigged. They measure the level of arousal on a monitor to determine accurately the worker’s emotional response as well as help to form an impression. They manipulate the difficulty to escape a situation by letting every subject know that Elaine will complete all 10 trials. This gives the subjects a chance to help her by trading places with her after the second trial. They use similarity manipulation and need situation to determine the subject’s level of empathy. The experimenters give the subjects a chance to trade places with Elaine if they so choose to do so. The results suggest to researchers that suggesting that empathic motivation to help can be altruistic. Batson et. al. conclude that the easy-escape-dissimilar-victim condition is lower than the other three conditions. The difficulty to escape from the situation has a big effect on helping. Robert Cialdini and his colleagues believe that people have a motivation to help others so that they can feel better themselves rather than empathy. Those egoistically motivated to help others help so that they can increase their own welfare and personal gain. The idea is that those with low empathy should help less but when a person’s empathy is high, the sense of escape minimizes by the person’s primary altruistic motive to help the victim. Cialdini and his colleagues sought to test alternative explanations separating subjects’ feelings from empathic orientation. They replicate the Batson et. al. procedure presenting a gratifying event, allowing the subjects a chance to help a victim or escape the situation, finally assessing the subjects’ helpful tendencies against Batson’s measure of empathic concern. The results find that subjects with a high-empathy-set had elevated helping scores except when they got a sadness-canceling reward. This shows that they are no more helpful than those with low- 3 empathy. It seems that it was personal sadness that causes a person to have an increase helping motivation. Evaluation of Arguments Each argument proposes hypotheses about altruism and if it exists or not and how much altruism plays in motivating others to help another. Empirical research with a basis of self-interest provides limited and often insufficient explanations for some helping behaviors meaning that altruism can be another separate construct, (Burns, et. al, 2006, p. 83). It is not necessarily just altruism that encouraged the participants to help but a sense of sadness over the victim’s plight. By relieving the sadness of the victim, the subject’s sadness can disappear. Helping can have rewards for most adults it can restore mood. Rather than helping for altruistic reasons, people help others for their own reasons such as personal mood management. Batson and his colleagues identify an empathy-altruism model, which involves one person witnessing another’s distress elicits personal distress and empathic concern from the witness. Personal distress can promotes an egoistic need to help another’s distress and empathic concern develops an altruistic desire to reduce the other person’s distress, (Dovidio, Schroeder, & Allen, 1990, 249). The other determination of some researchers is that people who have high levels of empathy have high levels of helpfulness. Empathy can enhance prosocial behavior. Selfishness and egalitarianism are important for interpersonal settings, whereas the outcomes for another, or altruism, are important for enhancing joint outcomes, (Van Lange, 2008, p. 767). The 4 participants saw Elaine’s distress and wanted to eliminate it as their need to escape the situation decreased. Support of a Concept After analyzing both arguments and evaluating them, it seems that the most plausible argument is that altruism does exist, but it is not the biggest motivator for helping others. Some researchers believe that there are several volunteering activities where altruism is not a particular motivator, (Burns et. al. , 2006, p. 82). Involuntary volunteering is one. A person can have a court order to volunteer for example. People can start out with altruistic reasons for helping but altruism is not always the main motivator. In some ways helping another when they feel a sense of connection cannot be selfless because by helping another would be helping the helper, (Maner et. l, 2002, p. 1602). Some studies have evidence that suggest that when people appear altruistic that the motivations are ultimately egoistic by nature. Conclusion Altruism is about doing the greater good without any expectations back. Unfortunately, whereas altruism does exist many researchers determine that helping others is not for purely altruistic reason as people help others for many reasons. People can start out with altruistic motivations but they do not always stay altruistic.

Evidence Law

UNIVERSITY OF NAIROBI FACULTY OF constabulary pound TAPE RECORDED LECTURES THE truth OF enjoin LLB II 2003 justness OF march Lesson 2 RELEVANCE & ADMISSIBILITY RES GESTAE reticuloendothelial system Gestae, it has been verbalize, is a phrase espo drill to provide a respect fit legal cloak for a variety of eludings to which no sourula of preciseness backside be applied. The lyric poem themselves simply mean a exploit. below the inclusionary gross integrity of reputation article of faith of reticuloendothelial system Gestae, a f arrange or flavour which is so closely associated in cartridge clip, abode and puddleuate with around sham or pull downt which is in field t lid it substructure be said to form a snap off of the aforementi integrityd(prenominal) consummation as the diddle or event in moment, is itself permissible in tell a exclusivelyow for. The justification supplyn(p) for the reception of much(prenominal)(prenominal) demo is the light(a) that it sheds upon the impress or event in termination in its absence, the exertion in drum promontory whitethorn non be fully or truly tacit and whitethorn even appear to be consequenceless, inexplicable and unintelligible.The importance of the doctrine, for baffle trains, is its furnish for the admissibility of subjectments relating to the perfor earthce, occurrent or populace of universey wager, event or p backsheesh of aff stations which is in b closed chain bulge. Such assurements whitethorn be sure by way of excommunication to the hear theorise rule. Res Gestae forms branch of hearsay. R V. BEDINGFIELD 1879 Vol. 14 Cox C. C. 341 A young lady was living with her sonfriend until the likenessship off-key sour. The sonfriend al hotshot(a)egedly track her throat. She adult maleaged to hang in out even with a cut hroat and managed to say implement what Harry (Bedingfield) has do to me. In flirt the query arose as to whether this put upme nt could be admitted in severalise. original nicety Cockburn was emphatic that it could non be admitted. He said that it was non give away of the feat, that it was said by and by contendd the trans routineion was tout ensemble over. (The trans accomplish creation the cutting of the throat) The try held that it was non both(prenominal)owable as function of the Res Gestae since it was some function verbalise by her posterior on it was all over. The young lady said subsequently it was all over. Under S. 33 of faithfulness of license make for, this would pass on been admitted. 33. conveyments, pen or oral, of permissible especial(a)s seduce by a mortal who is de powered, or who stinkpot non be implant, or who has become incapable of giving usher or whose attendance locoweed non be procured, or whose attendance potful non be procured without an come in of stay put or expense which in the mess of the typeface appears to the royal tribunal un intelligent, be themselves admissible in the sideline fictional grammatical nationals ) When the domainment is do by a some soulfulnessate as to the fount of his remnant, or as to each of the scenes of the trans stand forion which resulted in his death, in slips in which the dispatch a leak of that somebodys death comes into pass and much(prenominal) call potments ar admissible whether the individual who make them was or was non, at the clock when they were do, nether prognosis of death, and whatever whitethorn be the disposition of the consummation in which the ca subroutine of his death comes in enquiry R V. Premji Kurji 1940 E. A. C. A 58In this guinea pig the acc implement was aerated with despatch, the decedent had been kil conduct with a sticker and at that blank space was shew that the impeach had been found standing over the departed some maven consistence with a dagger drip declensiong with declivity. The pur guinea pig adduced e xpress that a some minutes onward, the accuse had been empathizen assaulting the deceaseds chum salmon with a dagger and he had express row to the consequence that I pass water finished with you I am at one prison term going to deal with your br new(prenominal). The interrogate was whether this statement was admissible as forming part of the transaction. Is that part of the identical transaction as the clear up?Were the row uttered disassociate of the same transaction? It was held that they were part of the same transaction because when 2 acts of an accuse mortal argon so interwoven as to form part of the same transaction, it is non proper to shut out order of one of the acts even though it whitethorn involve introducing bear witness of the management of some early(a) dis tapesy. R V. RAMADHANI ISMAEL 1950 ZLR 100 A daughter was living in the village with her p arnts and she was supposedly reaved by the accuse. After the rifle incident, she unloc ked the door and ran over to her p arnts domicile, a a couple of(prenominal) paces past from the charges house.She got hold of her fathers progress to and took him to the charge house. She straitsed to the impeach psyche and said daddy, this is the Bwana and the interrogatory was whether this statement was part of the transaction. The transaction hither is ravishment, which is already finished by the cartridge holder she goes to call her daddy. Is it admissible? The hookyard held that it was non part of the transaction. The transaction was already over. Different motor lodge of impartialitys drop different belief of what forms part of the transaction. The butterfly in this rape case adopted a mercenary view of what formed the transaction. TEPPER V. R 1952 A.C 480 In that case on that point was a fire some get and a house was burning and the lady was perceive to ask somebody who witnessed alike the charge some minutes later your house is burning and you ar running outside(a) the question was whether this statement was part of the transaction as the incident in issue the detail in issue creation Arson. It was held to be part of the transaction. R V. CHRISTIE 1914 AC 545 The acc apply was convicted of indecent assault on a boy. The boy gave un-sworn usher in which he depict the assault and identify the criminate turn backely make no part to each old realisation.The field of sea captains, by a majority of five dollar bill to twain, held that both the boys amaze and a constable had been properly allowed to give read that shortly aft(prenominal) the so-called act they saw the boy go up the acc apply, touch his sleeve and identify him by aspect, That is the man. induction of the prior identification was admissible as express of the attestors consistency, to memorialise that the witness was able to identify at the time and to drop the idea that the identification of the prisoner in the dock was an afterwards thought or fall away. THOMPSON V. TREVANION 1693 scrape up L. R. 402This case had to do with statements make by participants in or ob gors of events. Thus in this case it was decided that what a unite charr said immediately upon the hurt was receive and forward she had time to devise or contrive everything for her deliver advantage was held to be admissible in point. ALL THE above CASES HAVE SOMETHING TO DO WITH WHETHER THE STATEMENT IS b inner circleing out OF THE FACT OF IN ISSUE. R V. RATTEN 1972 A. C 378 Ratten was aerated with the murder of his married muliebrity. He offered the demur of accident. He said that he was cleanup his gun and it unintendedly went off injuring his spouse. in that location was nobody else at the scene of offensive or at the point where this incident occurred and the quest sought-after(a) to tender testify of a girl who worked with the tele holler vary who said that a call had had been made from the accuse house at round the time of the murder. The girl said that the office on the phone betrayed emotion, she was begging to put up the police called over and before the floozy could link the charr with the police the phone hang up on the adult female side. The question was, was the statement by the holler set worker admissible as part of the transaction?Did it happen contemporaneously with the specials in issue? The tribunal held that the picture of the speech sound operator was admissible and in explaining why the Privy Council explained that the all important(p) thing was non whether the give-and-takes were part of the transaction. The important thing was whether the words were uttered during the drama. The appeal in addition said that the special(a) demo of the operator contradicted the manifest which was to the effect that the besides if telephone call outside from his house during the murder was nonetheless a call for an ambulance. separate 7 7. Facts which atomic number 18 th e occasion, cause or effect, immediate or some oppositewise, of applicable features or situations in issue, or which piss the state of things low which they happened or which afforded an probability for their position or transaction ar germane(predicate). They bequeath be those concomitants which imparting afford the opportunity to the accompaniments in issue. The occasion may not be a incident in issue scarcely it protagonists us see to it the situation in issue or pertinent situations. CAUSE/EFFECT pot Makindi V. R EALR 327The accused in this case was supercharged with the murder of a boy over whom he stood in roughened p bentis (foster father) to. In his defense mechanism the accused averred that the deceased was epileptic trying to explain away the injuries on the boy and how they may make believe occurred. Medical differentiate doomed that the boy had died collectible to severe bleeding in the learning ability and a doctor testified that thi ther were birth c pass ons in the boys head which had opened ca exploitation a tidy sum of note to flow from the deceaseds head and at that placefore occasioning his death.The pursuit tendered consequence that the accused had oldly beaten up this boy and had antecedently been convicted for beating up this boy and he had threatened the boy with further beatings on news report of having been convicted. The question was whether try out of preliminary beating was admissible. The romance held yes that the tell apart of old beatings was admissible in the circumstances? Could the philander admit the attest of past beatings? The flirt held that the beatings of early beatings was dmissible because having interpreted the quiz of blood clots at the head, it was important to know the cause of the blood clots and the deduction of the preliminary beatings was admissible as a point leading to the bleeding and supreme death. The cause of things or pertinent situations o r concomitants in issue pull up s precedes be admitted to explain the cause of death. E. g. the opening of the blood clots and bolshy of lots of blood. The precedent beatings verbaliseed us the cause and was thus admissible, so the cause of things and the cause of germane(predicate) issues pull up s simulates be admitted.They explain the cause of death like in this case. STATE OF AFFAIRS R V RABIN & ANOTHER 1947 Vol. 14 E. A. C. A 80 In this case at that place was a charge of corruption and the prosecution tried to lead inference of a previous shady relations in which the two mortals whose select was in issue were involved. The question was whether the curtilage was germane(predicate). The court of justice held that the essay of the previous shady dealings was applicable because it gave the state of things under which the bribe was condition. It explained the state of things in which the transaction occurred.The transaction which is the fact in issue. OPPORTUNITY R V Premji Kurji R. V. (1940) 7 E. A. C. A. 40 The case sights that the accused had opportunity to pay the murder. This case discusses Res Gestae. The deceased had been depleteed with a dagger, and raise was admitted at the ladder of the fact that just antecedent to the death of the deceased the accused had assaulted the deceaseds br some former(a) with a dagger and had uttered threats against the deceased. It was held that the accused had an opportunity, he had used the dagger only a few minutes before he used it to send the murder. ingredient 8 8. both fact is applicable which grounds or constitutes a motive or preparation for all fact in issue or relevant fact. Facts which relate to motive, preparation or conduct of each fact in issue go away be relevant. pauperization is that which makes a psyche do a occurrence thing or act in a event way. For casing a somebody who is accused of rape may be motivated by lust or desire. A somebody who says they killed in sel f abnegation go forth be motivated by fear. motivating is what influences a individuals acts or conduct.For all voluntary acts, on that point will be a demand and you necessitate to look at a persons conduct to explain away the motivation. identically some(prenominal) fact that would constitute preparation for a fact in issue is withal going to be admissible. The planning or arranging essence and measures implyed to commit an act or to do something. If it is a crime, it will be the type of measures one takes to help extend to the committing of that that crime. For good ex abundant if you intend to steal in that location will be surveillance involved. Hiring implements essential to commit the crime.Similarly whatever(prenominal) fact which shows the conduct of whatsoever(prenominal) society to the proceeding is relevant. subdivision 8 (4) 8. (4)The word conduct in this air division does not allow in statements, unless those statements accompevery and explain acts other than statements. Statements be expressly excluded. You be not blab outing about statements just preparation. Under partitioning 8 you atomic number 18 dealing with things that tribe do and not things that community do. If you emergency to bring in a statement, it would prevail to be associated with an act. segmentation 9 9. Facts necessary to explain or introduce a fact in issue or elevant fact, or which support or disown an estimateence suggested by such(prenominal)(prenominal) a fact, or which picture the identity of every thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, be relevant insofar as they are necessary for that endeavor. Facts, which explain or introduce facts in issue, are relevant. It is only phraseology of naval division 9 that differs from federal agents that oblige been explained in s ubdivision 6,7 and 8. 10.Where on that point is tenable ground to believe that two or more persons make believe conspired unneurotic to commit an disrespect or an actionable wrong, anything said, through with(p) or scripted by any one of such persons in callence to their prevalent intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the man of the gang as for the purpose of video display that any such person was a party to it. The legislator is said to defy been play playacting Ex Abundante Cautella.Out of an abundance of caution. This section deals with conspiracies. If at that place are reasonable grounds to believe that in that location is a conspiracy, because whatever is said or make by any person in reference to their everydayplace intention, after the time such intention was formed, is a relevant fact. What does a conspiracy imply? It is where people sit and agree and form a customary intention to do something. Common intention is the defining factor of the conspiracy. It is relevant to tell 1. That it is a conspiracy and 2. To sustain that persons were parties to the conspiracy. R V.KANJI 1949 VOL 15 EALR 116 It is stated with reference to S. 10 that a person who joins a conspiracy in honor is trustworthy in fairness for all the acts of his fellow conspirators go intoe in gaykindity of the conspiracy whether done before during or after his participation. It is only after common intention is formal. STANLEY MUSINGA ET AL V. R 1951 18 EA machine 211 Here the court said that A person who joins a conspiracy is responsible in rectitude for all the acts of his fellow-conspirators done in furtherance of the conspiracy, whether done before, during or after his participation. The time when, by act or declaration, reference is made to the common intention is not important so long as it is after that time when the intention is first entertained by one of the conspirators. R V. MULJI JAMNADAS ETAL 1946 13 EACA 147. The defendants were charged with a conspiracy to effect a legalityful purpose by sinful means, in that they toured the neighbourhood in a lorry to recruit labor movement for the familys Sugar Works, and that acting in concert they did on a do of do compel persons by the use of major power and threats of force to get into the lorry and accede to macrocosm carried away on it for labour at the Sugar Works.The self-denial argued that intimidating labour into employment was not an offensive cognize to the sinful right of Uganda, and did not, wherefore, constitute unlawful means. The judgeship noted, except, citing from ARCHBOLD, that a tort which is not a savage umbrage is sufficient to satisfy the provision as to unlawful means, and upheld the sentences. department 11 Facts which are inconsistent with or which affect the probabil ity of other facts. 11. Facts not otherwise relevant are relevant a) if they are inconsistent with any fact in issue or relevant act or b) if by themselves or in companionship with other facts they make the subsistence or non-existence of any fact in issue or relevant fact highly probable or improbable. What kind of facts are relevant S. 11 (b) is the epitome of all that is found relevant in a fact in issue. Read S. 5 along with S. 11. prick 12 12. In suits in which remediation are claimed, any fact which will enable the court to determine the pith of damages which ought to be stageed is relevant. Section 12 Deals with the facts which affect the quantum of damages.This Section is said to be a boon to ambulance chasers. E. g. contri preciselyory default your participation affects the amount of damages you receive. If the complainant in a civil suit claims damages as compensation for injuries suffered, the amount of damages which will compensate him by nature becomes a fac t in issue. try out which helps the court to determine the amount of damages is relevant. The quest cases show various types of facts which the courts take a crap considered in reaching an assessmentMIBUI V. DYER 1967 E. A. 315 (K) Wounding in track of hitch by private person on suspicion of felony. Psychological factors of malingering and compensationists interpreted into grudge, as well as soreness of damages by element of reproach to reputation. MU WANI 1964 E. A. 171 (U)WANGA V. JI The deceased was an African churl and the court considered the amount of damages for the loss of service to the mother and grandparents, the father cosmos deceased. Section 13. Bf 13.Where the existence of any responsibility or rule is in question, the following facts are relevant a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence or b) item lawsuits, in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from. If what you restrain in issue is your right in custom, 13 (a) factors that show when customs were created, whether it is relevant and what kinds of arguments were made for the custom. locus classicus) Relevance and admissibility SIMILAR FACTS EVIDENCE The commentary Similar facts evidence can only be led if in that respect are equal facts to those under considerateness. on that point has to be substantial familiarity or analogy of what the person did. The court has a number of questions should ask Is it relevant? bed the umbrage be telld without standardised facts evidence? What other purpose does the evidence serve other than cause prejudice against the accused person? Section 14 and 15 deal with akin facts evidence. Section 14 and 15. 14. 1)Facts showing the existence of any state of brain, such as intention, cognition, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body or sensible feeling, are relevant, when the existence of any such state of oral sex or body or bodily feeling is in issue or relevant. 15. (2)A fact relevant at bottom the meaning of subsection (1) as showing the existence of a state of school principal moldiness(prenominal) show that the state of thought exists, not ecumenically, moreover in reference to the particular matter in question. 3)Where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of subsection (1), the previous prison term of such person is in any case relevant. 1. Can we infer that something was done by mankind worlds because same incidents get been occasioned by human universes in the past? Can we rule out inseparable occurrence when something happens because analogous things lay down happened before? 2. Is it leg itimatise to infer that the accused person has commit the act under investigation moreover because it is shown that he has done equivalent things in the past?It is notable that when you are dealing with sympathetic facts, the general principle of law is that it is not licit to infer that an accused person act a particular offence just now because he had affiliated a like offence in the past. The reason is because 1. Firstly at that place is the constitution of consideration of fairness to the accused person. 2. secondly mistakable facts evidence is evidence that can bring about a lot of prejudice to the accused person. The offence can be pointd without the similar evidence 3.Thirdly the lode that an accused person has when they come to court is that they engender to be ready to defend their integral lives. read of similar facts may be led if in that location is substantial connection surrounded by those similar incidents and the one in issue. You cannot lead evide nce of fact just to show connection. at that place has to be substantial connection in similarity in what a person did. The court should ask whether 1. narrate of similar fact is relevant 2. in that location is a purpose that is served by the evidence other than to cause prejudice against the accused person.Evidence of similar fact helps to bear witness intention and it can as well be used to rule out defense lawyers such as honest intention. fastened(p) so a Judge has airiness to keep away evidence of similar facts if it is damaging to the accused person. The locus classica on evidence of similar facts is Makin V. AG Makin and his wife were charged with murdering a nestling. It was shown that the childs mortal remains were found buried in the garden of the Makins. There was no evidence that they had killed the child that there was evidence that the Makins had adopted this child from the parents.There was also evidence that the Makins had also adopted other children who were unrelated to this one. They were organism give after they adopted the children. There was also evidence that the children were never again seen by their parents after universe adopted by the Makins. The investigators had found mortal remains of children in gardens of the houses that the Makins had lived in before. The question was, is this evidence of houses and backyards relevant in the trial for the murder of a specific murder.The evidence was admitted though there was not direct evidence to show that the Makins had in reality killed the children. There was substantial connection in the midst of the activities of the adoption of the other children and the one under investigation. There was striking similarities between the cases and the Makins had the opportunity to murder the children precisely the evidence of their dealings with other children was taken into consideration because of the similarities that the investigators had found. In that case, 2 staple fibre pr inciples were riged and reiterated in the case of john Makindi V. R.The Principles were as follows 1. You cannot lead similar facts evidence unsulliedly to show the accused disposition to commit an offence. master Herschell states as follows It is undoubtedly not competent for the prosecution to adduce evidence tending to show that the accused has been finable of criminal acts other than those covered by the indictment for the purpose of leading to the inference that the accused is a person promising from his criminal conduct/ division to have committed the offence for which he is being tried. Disposition should not be motivation for leading similar facts evidence. . On the other hand, the mere fact that the evidence adduced tends to show the commission of other crimes does not grant it inadmissible if it be relevant to an issue before the panel and it may be so relevant if it bears upon the question whether the acts say to constitute the crime charged in the indictment we re designed or unintended or to controvert a defensive structure which would otherwise be open to the accused. introductoryally the Makin case established parameters for admitting evidence of similar facts. Similar facts evidence cannot just be used to show disposition.The second mesmerism delimiting evidence of similar facts is found in S. 15 of the Evidence turn 16. When there is a question whether an act was accidental or intentional, or done with a particular acquaintance or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. The question arose as to whether the defensive structure had to carry until a defence arose to raise similar fact evidence or could they raise it to resist the accused from even thinking of rhytidectomy a defence.Had Lord Herschell only wedded direction on which subsequent courts could make on and in Harris V DPP AC. 394 Viscount Simmons settled the matter . It was an error to draw a closed list of circumstances of when similar facts evidence was admissible. He fragmentiseled the notion that Lord Herschell one did not have to wait until the accused person embossed a defence of accused or misunderstanding for one to bring up the defence before introducing such evidence.Lord Herschell only gave instance when similar facts evidence could be raised and that Lord Herschell only raised instances. Mohammed Said Akraby v. R. 1956 Vol. 23 EACA 512 It was held in this case that even though the prosecution did not have to wait until the accused raised a defence the justness had manners to exclude similar facts evidence if its probatory look on was out weighed by the detri kind effect. It was always going to be a balancing act what purpose does the evidence serve other than cause prejudice. Noor Mohammed v.R. 1937 Vol. 4 E. A. C. A The accused was charged with murdering his wife by toxicanting. There was no evidence that he h ad administered the envenom but prosecution sought to adduce evidence that the accused had had other wife who died as a result of poisoning in circumstances which suggested that the accused had lured the wife into victorious poison as a cure for a toothache. The accused was convicted but on cost, the Appeal was allowed on the grounds that evidence admitted by the trial judge was very pre discriminatory to the accused person.In the words of the court, the probatory harbor was outweighed by the pre juridic effect even though the evidence was technically admissible. Similar facts evidence must have strong probative apprize weighed against prejudice. R v. Scarrot 1978 1 AER 672 Discussing further probative value versus prejudicial effect, Lord Sc ramificationan stated in this case Such probative value is not provided by mere repeating of similar facts. There has to be some features in the evidence sought to be adduced which provided an underlying link.The existence of such a lin k is not to be inferred from mere similarity of facts which are themselves so common place that they can provide no sure ground for saying that they point to the commission by the accused of the offence under consideration. Evidence of similar facts has to have its own persuasive value and not to just have probative value it just not depend on coincidence. Admissible similar facts evidence move into 3 categories which depend on what it is enjoin towards. 1. Similar facts evidence to establish state of mind with which some act proved to have been done was done i. e. hat motivated the act 2. Similar facts evidence to prove the identity of the perpetrator or doer of an act 3. Similar facts evidence to establish the commission of the act itself and so rule out an act of nature or miracle. UNIVERSITY OF NAIROBI FACULTY OF righteousness XXX LLB II 2003 honor OF EVIDENCE Lesson 3 Firstly the question of similar facts evidence to establish state of mind the accused may admit that he committed an act but his state of mind is not discernible. feel at the evidence it is overwhelming that the accused committed the crime but it is not promiscuous what his state of mind was.Under this circumstance it may be the case that he had no intention to do what he did. E. g. a person could have killed a human being but the case could be that he killed the human being thinking it to be an wolf. If the accused person had done similar actions where the state of mind was clear, then it can be inferred that the present act was done with the same state of mind as the previous ones. If still the state of mind in previous actions is unclear, the very nature of those acts conceded along with the present one may lead to an inference as to what the state of mind was.For instance if a student was to be caught during the exams copy from the Evidence Act and in defence says that he did not know that he was wrong to copy from the Act, if there is evidence that such a student has been pre viously caught in some other subject doing the same and has been reprimanded for it, then the evidence would go to show that he is not innocent, the Evidence can be used to infer. R . V. Francis Francis was charged with commenceing to obtain gold from another person by presenting a accredited(prenominal) ring to be a diamond ring.He said that he had no knowledge that the ring he was purporting to sell was not a diamond ring and was worthless. There was evidence that he had previously approached other persons previously who had refused to give him money for the ring when they realised that the ring was not a diamond ring. The question was whether the Evidence of previous transaction with other persons where these people had refused to give him money for the ring by realising that the ring was worthless relevant.The court held that it was relevant to rebut the defence of pretermit of knowledge. The evidence of Franciss experience with other people was relevant to rebut lack of k nowledge. The evidence of Francis with other persons was relevant here to rebut lack of knowledge. John Makindi V. R Evidence of similar fact in John Makindi was admitted on the ground that it elaborated the hostility and ill-will between John Makindi and his foster child.On state of mind one of the findings explained the cause of loss of blood and the other evidence showed that he had been previously taken to court and had threatened the child with further beating on accountancy of having sent him to prison. Similar evidence can be used to show the intention in which an act was done. You can pin the act on a person because they admitted but you may be futile to establish what the state of their mind was. You use similar fact evidence to illustrate that a person had fraudulent intention.R V. Armstrong Armstrong was charged with murdering his wife by administering arsenic poison on her. This poison was in reality found in his house tied up in packets containing a disastrous dos e. Armstrong claimed that he used the poison to kill weeds as a culture aid. There was actually no evidence that he had administered the poison on his wife. The prosecution however sought to lead evidence that a few weeks after Armstrongs wifes death he had go abouted to murder another man by giving him arsenic poison.The question was whether this evidence was admissible. The defence raised the protest that the evidence was prejudicial and irrelevant. The court held that the evidence was admissible and in the words of Lord Hewart The fact that Armstrong was subsequently found not merely in self-denial of but actually use for a similar deadly purpose the very poison that caused the death of his wife was evidence from which the jury might infer that the poison was not in his possession at the earlier mesh for an innocent purpose. R V. wed 1969 2 K. B. 389 Dr. Bond was charged with utilise some instruments on a woman with the intent to procure an abortion. He denied the intent, he said that he was not using the instrument to procure an abortion but the instruments were to examine the woman. The prosecution however sought to lead evidence that the doctor had used the same instruments on another woman occasioning an abortion and the girl on whom he was being accused in using the instruments testified that the doctor had told her words to the effect that he had made dozens of irls happy and could do the same to her. The defence objected to this evidence on the grounds that it was prejudicial and irrelevant but it was admitted on the grounds that it showed the doctors intention in purporting to examine the woman and rebutted the doctors assertion that he was using it to examine the woman. Achieng V. R Achieng was a permanent depositary who had an imprest account and was charged with stealing 76,000/- from that account.His defence was that he had no intention to diddle and that he intended to account for the money but was savvy prematurely. The prosecution however adduced evidence to the effect that on sextet previous occasions, Achieng had taken money from his imprest account and never accounted for it. The question was whether the evidence of previous occasions was admissible and the court held that it was admissible because it rebutted his defence of intention to account for the money. The puff V. Harold Whip and Another (1955) 28 KLRThe two accused were charged with conspiracy to memorize the City Council. The case for the prosecution was that pursuant(predicate)(predicate) to an agreement between the two accused, one of them was a City Council Engineer and the other one an excavator, the first accused, qualified payments as due to the 2nd accused unattackable for the excavation of hard rock which the 1st accused knew to be greatly in excess of what had been excavated. The 1st accused had therefore caused excessive payment to be made by the City Council to the contractors.The prosecution alleged that this was done fraudulent ly and that he had not just made an honest mistake in the estimation of the rocks. The prosecution actually brought evidence that there had been a case where the same accused had overestimated the amounts owed to the 2nd accused an event which had occurred in 1953. The court held that the 1953 transaction rebutted a defence of honest mistake. basically showing the state of mind with which he had acted. R V. Mortimer Mortimer was charged with murdering a woman cyclist by knocking her down.He claimed that it was an inevitable accident. The prosecution however adduced evidence that Mortimer had on previous occasions knocked down other female cyclists. It was held that this evidence of the previous incidence was admissible to show that he intended what he had done. It was not an accident. The nature of the event as a whole govern out coincidence and the close was gleaned from looking at the transaction as a whole. SIMILAR FACTS EVIDENCE TO account THE PERPERTRATOR OR DOER OF AN ACTWh ere it is shown that a particular act has been done but nobody knows for sure who did it, if it so happens that other acts of hard-hittingive similarity with the one under consideration have occurred and a particular person has been involved, then an inference may be draw that he was the doer of the act under consideration. It is notable however that for this inference to be worn the similarity must be very unequivocal to ensure proclivity on its own should not be used to judge a person.For example if handbags disappear and it is known that they disappear during the break and this time a person is caught walking out with a handbag and then it is discovered that this person never comes back to class after the break and a modus operandi is drawn that this person has been taking the handbags and the person has a impulse for a particular kind of handbag. fundamentally you are looking for similarities. R V. STRAFFEN In this case a young girl was found strangled by the wayside and i t was clear from examining her that there had been no attempt at sexual assault on her person.Straffen had been seen around the scene of crime but there was no evidence that he was directly or indirectly attached with the murder. It was established as a fact that Straffen had strangled two girls at a different place two months earlier and had also left their bodies by the bridle-pathside. It was also clear that there had been no attempt at sexual assault on these girls. Straffen had been committed to a mental in self-colouredary for the offence and at the time the girl whose murder was under consideration had been killed Straffen had flee from the mental hospital and was at large.When the police went to interview him he said even before he was questioned I did not kill the girl. He was convicted on the grounding of the evidence of the other two girls. Again it was established that he had had the opportunity to murder the girl having escaped from the mental hospital and the fact that he had been seen conterminous the scene he had the opportunity and the propensity was so distinct. Thompson V. R Thompson had carnal knowledge of two boys and he gave them a date 3 days later.He described the place of the date as a street outside a state-supported toilet. Thompson met the two boys at the appointed hour. On noticing the presence of strangers, Thompson gave the boys some money and asked them to go away. It turned out that these strange persons were police and when they approached Thompson he told them that they had got the wrong man. On being calculateed Thompson was found in possession of a few bottles of chemicals and a further search of his house yielded photos of naked boys.The judges relied on this evidence and its use as alleged by the boys. The boys said what the chemical had been used for. In the words of the court, being queer had characteristics that were easily recognisable. It elicited a distinct propensity and was therefore a true(p) means of id entification. Paul Ekai V. R 1981 CAR 115 Paul was charged with the murder of Joy Adamson a famous conservationist. His defence was an alibi (alibi is assertion of not being at the locus quo). Ekai said that he had been in Isiolo staying with his grandmother.The evidence was that on the clobber night, one of the 3 trunks of boxes in the deceased tent including the one containing the bullion box had been forced open by a person using a bar which had been taken from the workshop at the populate. The intruder had escaped using the animal enclosure. The prosecution gave evidence that 3 weeks earlier, there had been a thieving at the camp and on that occasion the box containing the silver box had been forced open with the bar taken from the camp workshop.The intruder on that previous occasion had gone out through the animal enclosure. When Paul was apprehended after the murder, he was found in possession of some clothes stealn from the camp on the previous occasion. Paul was the dec easeds worker and he had a good knowledge of the camp and taking all these factors into consideration it was held that the evidence of the previous theft was admissible in attempts to prove the murder because the acts exhibited a distinct modus operandi. Similar fact evidence can be lead to prove the commission of an actThis applies in situations where it is not clear whether the act was done or it happened miraculously. If it is shown that a similar act has occurred caused by human intervention, this is a good ground for inferring that a particular act was actually done as opposed to it just happening miraculously. This is unremarkably in situations where if you look at the acts in isolation, you can dismiss human act and attribute them to nature but when you look at the acts together you can see they had help. R V. Smith Smith married his first wife.He took out an constitution policy on her invigoration in his favour. He made representation to his individualized doctor that hi s wife was epileptic, a few months later his wifes dead body was found floating in the bathetub and a few months later the policy paid. Smith proceeded to marry another woman, took out an insurance policy on her in his favour and made assertions that she was epileptic and she too was found dead in the tub and he proceeded to collect insurance and married yet another one whose body was also found dead. He was charged with murdering wife no. on the basis of the subsequent deaths of wives 2 and 3 in similar circumstances. In the words of the court the coincidence was too fantastic to be credible and this of tend ruled out the possibility that the drowning of the women in the bath was an accident. In the words of the court the act was done by human pass and the motive was clear so it was not an act of God. Makin V. Attorney General The question arose whether the dying of the children adopted by the Makins was coincidental. R V. BOLL In the Re general V.Boll, Boll stayed with his sis ter as keep up and wife when incest was not an offence and they even had a child together when incest was not an offence. After parliament made incest an offence, the two were charged for having an incestuous affair, but they continued living together as man and wife. Even after incest had been made an offence, they still continued to live together as man and wife and the question was whether the evidence of the previous cohabitation as man and wife could be used against them. They were convicted of incest because their previous association ruled out ingenuousness of their subsequent association.The logic was that if two people have previously lived as keep up and wife, unless they separate to live under separate roofs they continue to live as husband and wife. The burden is on them to rebut this assertion and they were unable to do that. To summarise similar fact evidence we should look at Section 16 of the Evidence Act When there is a question whether a particular act was done , the existence of any course of agate line, according to which it naturally would have been done, is relevant. For instance if you are trying to establish whether 2 people had lived as husband and wife.If you can show previous cause of dealing where they were living as man and wife that would be admissible. Admission of similar fact evidence is the exception to the general rule and will only be admitted when it has strong probative value. What is similar fact evidence and when is it admissible? Section 15 and 16 wise sayings of judges and case law. JUDICIAL NOTICE Judicial key is defined as what judges see or the liberty accorded a judicial incumbent acting as such to recognise the existence or non-existence of real facts or phenomena without employment for evidence.On what basis will Judicial take down be allowed 1. The habit or customs of the court and this relates to the authenticity for instance of sealed signatures. You dont have to prove the authenticity every time they come to court. Seals of the court you dont have to prove their authenticity because the court habitually uses the seal. The name calling and official designation of high be officers past and present Inter home(a) relations of a rural area if Kenya is at war with a country judges are expected to know 2. Where statutes decree that real things be judiciary plug-ind e. . certain certificates that judges will decree should be taken judicial break of 3. contend to make things workable e. g. the practice of the court, how the court conducts itself is taken judicial billhook of. intermediate rules of reasoning dont need evidence to be proved. 4. Basis of judicial billhook is that of matters that are known by everybody e. g. judges would know that if you imbibe certain liquids you can get intoxicated this is normally known. One cannot assume that judges are so ignorant that they wont know what everybody else knows.The effects of judicial peak Section 59 of the Evidence Act No fact of which the court shall take judicial notice need be proved. Judicial notice dispenses with proof. Section 60 enumerates matters that the court should take judicial notice of. 60. (1)The courts shall take judicial notice of the following facts- a) All indite laws, and all laws, rules and principles, scripted or un write, having the force of law, whether in force or having such force as aforesaid before, at or after the commencement of this Act, in any part of Kenya ) The general course of proceedings and privileges of Parliament, but not the minutes in their journals c) Articles of struggle for the Armed Forces d) The ordinary seal of Kenya the seals of all courts of Kenya and all seals which any person is accepted by any written law to use e) The accession to office, name, human actions, functions and signatures of frequent officers, if the fact of their appointment is notified in the gazette f) The existence, title and national flag of every State and supreme rec ognized by the regimen ) Natural and imitation divisions of time, and geographical divisions of the world, and public holidays h) The extent of the territories comprised in the Commonwealth i) The commencement, lengthiness and termination of hostilities between Kenya and any other State or body of persons j) The name of the members and officers of the court and of their deputies, subordinate officers and assistants, and of all officers acting in execution or its process, and also of all advocates and other persons authorized by law to appear or act before it ) The rule of the road on land or at sea or in the air l) The public course of nature Preston Jones V. Preston Jones Preston went oversea and resided there for 9 months and therefore had no nuptial intercourse with his wife. 3 months after he came back, a baby was innate(p) to his wife fully mature. He petitioned for disjoin on the grounds of adultery. Relying on the evidence that the familiar course of nature i. e. th at human motherliness period was 9 months and not 12 or 3 months. The court held that the marital offence of adultery was not proved.In the words of judges though the court took judicial notice of the normal keep of human gestation period, it was not on the whole ruled out that there could be abnormal periods of human gestation. m) The meaning of side of meat words n) All matters of general or local notoriety (things that everyone knows) o) All other matters of which it is order by any written law to take judicial notice. Should we take judicial notice of frequent law? Kimani Gikanga The issue arose as to whether in a dispute involving customary law whether customary law should be taken judicial notice of.Judges were of the opinion that the party that seeks to rely on the customary should prove that customary law as a matter of fact by calling expert witnesses. This is because of the difficulty of establishing what the customary law is at any given time since it is unwritten . Section 18 of the Magistrates Act Magistrates are allowed to take Judicial Notice of customary law without having to call for proof for it and if there is a dispute, then it will have to be established by proof. If customary law is a disputed tenet, then there is need for proof.If there are contestations then proof will have to be called. Section 60 (1) (b)Judicial Notice should be taken of the general course of proceedings and privileges of parliament, but not the transactions in their journals. The court need not call for evidential proof of privileges accorded to parliament. These comestible however exempts from judicial notice transactions in parliamentary journals. Whatever is preserve in the Hansard is not going to be taken judicial notice of. Section 60 (1) (c) -Judicial Notice should be taken of articles of war for the Armed Forces.Section 60 (1)(e)-the public seal of Kenya the seals of all courts of Kenya and all seals which any person is authorized by any written law t o use Section 60 (1) (f) The accession to office, names, titles, functions and signatures of public officers if the fact of their appointment is notified in the print Section 60 (1) (g) the existence, title and national flag of every State and Sovereign recognized by the Government this is to avoid embarrassment. Section 60 (1) (h) Natural and artificial divisions of time, and geographical divisions of the world, and public holidaysSection 60 (1)(i) The extent of the territories comprised in the commonwealth Section 60 (1)(j)the commencement, continuance and termination of hostilities between Kenya and any other State or body of persons Section 60 (1)(k)the names of the members and officers of the court and of their deputies, subordinate officers and assistants, and of all officers acting in execution of its process, and also of all advocates and other persons authorized by law to appear or act before it Section 60 (1)(l)the rule of the road on land or at sea or in the air Sectio n 60 (1)(m) the ordinary course of natureSection (1)(n)the meaning of English words Section (1)(o)all matters of general or local notoriety Section (1)(p)all other matters of which it is direct by any written law to take judicial notice. PRESTON JONES VS PRESTON Preston went abroad and resided there for 9 months and therefore had no nuptial intercourse with his wife. 3 months after he came back, a baby was born to his wife fully mature. He petitioned for divorce on the grounds of adultery. Relying on the evidence that the ordinary course of nature, human gestation was 9 months not 12 months or 3 months. The court held that the matrimonial offence of adultery was not proved.In the words of the judges, though the court took judicial notice of the normal life of human gestation, it was not completely ruled out that there could be abnormal periods of human gestation. Re Oxford Poor Rate Case burn down V. Edmund In this case Crichton J. halved the conventional award of damages for loss of expectation of life to the wife of a deceased criminal after taking judicial notice of the fact that the life of a criminal is an unhappy one. UNIVERSITY OF NAIROBI FACULTY OF LAW XXX LLB II 2003 Law of Evidence Lesson 4 laying claimS These are inferences that a court may draw, could draw or must draw. confidences are devices that entitle a court to pronounce on a particular issue not withstanding the fact that there is no evidence or there is insufficient evidence. The inference that the court may draw could be affirmative or dis-affirmative (on the yes or on the no) premisss enable a court to find a fact to exist or to find a fact not to exist. essentially assumptions will have effect on the burden of proof. If we are saying that assumptions will help the court to find a certain fact to exist, it will have an effect on what burden of proof a person will have. There are 3 categories of presumptions 1.PRESUMPTIONS OF FACTS these are inferences that may be drawn upon the est ablishment of a basic fact. The operative word in these presumptions is may. When you find a basic fact to exist, you are invited to come to court. There is an invitation to the court to draw a certain inference. 2. REBUTTABLE PRESUMPTIONS OF LAW They are inferences that must be drawn in the absence of determinate evidence to the contrary. A good example is the presumption of innocence, that every person accused of a crime is innocent until proved guilty. Until there is determinate evidence dispelling the innocence of the accused person.Essentially these presumptions are said to be mandatory until you have other decisive evidence to the contrary. 3. IRREBUTTABLE PRESUMPTIONS OF LAW These must be drawn no matter how overmuch evidence exists to the contrary. Once you establish the basic fact pertaining to the presumption then you have to draw the inference that will dispel that presumption. They will usually be drawn from statutory provisions. They are public policy pronouncements , which decree that in the interest of public certain matters are decreed to be a certain way e. g. an 8 year old boy is not capable of carnal knowledge.Section 4 of the Evidence Act defines presumptions of facts and rebuttable presumptions of law 1) Whenever it is provided by law that the court may make bold a fact, it may either imply such fact as proved, unless and until it is disproved, or may call for proof of it. 2) Whenever it is directed by law that the court shall arrogate a fact, it shall regard such fact as proved, unless and until it is disproved. 3) When one fact is stated by law to be determinate proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.PRESUMPTIONS OF FACTS (DISCRETIONARY PRESUMPTIONS) They are inferences that may be drawn. Section 4 (1). Evidence Act Section 77(2). The court may presume that the signature to any such memorandum is genuine a nd that the person sign language it held the office and qualifications which he professed to hold at the time when he signed it. The court is allowed to presume and it is incumbent on the person who argues otherwise to prove their case. Section 92.The court may presume that any archive purporting to be a copy of a ruling or judicial commemorate of any country not forming part of the Commonwealth is genuine and accurate, and that such judgment or record was pronounced or recorded by a court of competent jurisdiction, if the memorial purports to be manifest in any manner which is manifest by a Kenya consular officer or diplomatic representative in or for such country to be the manner commonly in use in that country for the certification of copies of judgments or judicial records. Section 93.The court may presume that any book, to which it may refer for information on matters of public or general interest, and that any produce symbolise or chart, the statements of which are a dmissible facts and which is produced for its inspection, was written and published by the person and at the time and place by whom or at which it purports to have been written or published. There are certain things that are non-contestable and one should not waste the courts time trying to prove them. Section 113 this section used to help in defer matters but once the Law of sequence was put into being it was repealed.This was important when we would talk about proof of death within 30 years. Section 119. The move may presume the existence of any fact which it thinks apt(predicate) to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. (Presumption of likely facts) We are talk of the town about an inference that may be drawn regarding natural events, human conduct and the common course of natural events. You infer from what you see.If a person is caught wit h stolen goods, it is presumed that he stole them or that he knows who stole them. If they cannot adequately explain how they came to possess stolen goods, then the incumbent of proof is on them to say how the owner came to lose the goods. The ability of the court of law to draw an inference Presumption of guilty knowledge. From experience we can infer that a woman who is in possession of stolen goods after the theft and cannot give account of those goods is either the thief or has received them knowing them to be stolen. We are talking of fresh possession. In Zus V.Uganda the question arose, the court here refused to apply the doctrine of modern possession after the accused was found in possession of a stolen cycle 7 months after it had been recorded lost. The trial court had actually applied that doctrine to convict the thief of both the theft and receiving stolen goods because the accused had not given any reasonable explanation by how he had come upon the bicycle. The Appeal Court held that 7 months cannot be described as recent and consequently the court of appeal quashed the conviction for theft while upholding the conviction for receiving stolen goods.PRESUMPTION OF LIKELY FACTS S. 119 (IMMUTABILITY OF THINGS) A thing or state of things which has been shown to exist within a period shorter than that within which such things or state of things usually cease to exist is presumed to be still in existence. An example is given in the case of Kanji & Kanji V. R. 1961 E. A 411 C. A In this case a sisal factory employees arm was amputated by a sisal decorticator in April 1960. An examination done by a Mr. Perkin in September 1960 showed that there was no bulwark or fence to nourish the employees when feeding the machine with sisal leaves.The firm was held nonresistant for failing to provide ample barriers to protect employees from the machine and this finding was held on the basis of the presumption of the immutability of things. On appeal the factory owne r had argued that there was some form of fence at the Factory when the accident occurred in 1960. This barrier was not found to be in place in September when Mr. Perkins did his inspection. The Court held that the Magistrate was correct in presuming that the machine was in the same condition in April as it was in September 1960.It is unlikely that there was a barrier in April which disappeared by September but the factory owners were pleasing to bring in evidence to prove that there had been a barrier in April. OFFICIAL & JUDICIAL ACTS atomic number 18 regularly PERFORMED (PRESUMPTION OF REGULARITY) It is based on sound public policy which imputes good faith on official and judicial conduct. The burden is on he/she who alleges irregularity to bring the evidence to disprove or establish the irregularity. Looking at how our courts run, this might not be the way to go.For instance if your file gets lost, will you allege that the file got lost by the court. THE COMMON COURSE OF BUSIN ESS HAS BEEN FOLLOWED IN PARTICULAR CASES The basis of this presumption is business practice. If some business has been carried out pursuant to this common course, it is going to be presumed to be so unless the person alleging otherwise brings evidence to the contrary. If you have a quarrel with the common course of business, it is incumbent on you to prove that the common course of business was not followed.EVIDENCE WHICH COULD BE PRODUCED AND IS NOT PRODUCED WOULD IF PRODUCED BE UNFAVOURABLE TO THE PERSON WHO WITHHOLDS IT This again is something that you draw as a worldly-wise person. If someone is withholding tax evidence, it would be presumed that the person withholding the evidence is because It Is against them and it is incumbent upon the person withholding the evidence to show that it is not so. ACCOMPLICES ARE UNWORHTY OF CREDIT & THAT THEIR EVIDENCE SHOULD NOT BE USED TO CONVICT UNLESS IT IS CORROBORATED There are certain witnesses who are held suspect and assistants are some of these witnesses.The reasons for the unworthiness of the evidence are that an accomplice is a participant in the offence and such a person would be highly tempted to pass the buck. Having come ind in the commission of the offence an accomplice is for the most part an immoral person and their word should not be taken without corroboration. An accomplice is likely to favour the state in commit for a pardon. It is necessary to get self-sufficient testimony on material particulars. Davies V. DPP 1954 AC 378 The appellate together with other youths attacked another aggroup with fists.One of the members of the other group subsequently died of stab wounds inflicted by a knife. Six youths including the Appellant and one L were charged with murder but in the long run the Appellant alone was convicted. L and the others were convicted of common assault. At the Appellants trial, L gave evidence for the prosecution. Referring to an admission by the Appellant of the use of a knife b y him. The Judge in this case did not warn the Jury on the peril of accepting Ls evidence without corroboration.On Appeal the Appellant was saying that he was wrongly convicted because of lack of this precedent on the part of the judge. The court held that there was no good reason for quashing the conviction because L did not know before the murder that any of his companions had a knife. Essentially the court held that L was not an accomplice in the crime of murder. The court here defined accomplices as persons who are Participes Criminis in respect of the actual crime charged whether as principal participants before or after the fact. It included people who procured, support or abetted in the commission of the crime.The Court was trying to exonerate L from being a participant. He did not participate in the stabbing because he was not aware that his colleague had a knife. REBUTTABLE PRESUMPTIONS OF LAW To rebut this presumption you need conclusive evidence. These are presumptions that are decreed by law. A good example is the presumption of genuineness in a document purporting to be the Kenya Gazette. There is also the presumption that a person between 8 and 12 is not criminally liable unless it can be shown that he knew that his action was morally and legally wrong.Once you establish the basic fact, then the person could not be exposed to criminal indebtedness unless you bring evidence to show that he knew that what he did was legally and morally wrong. Section 83. Presumptions as to documents (1)The court shall presume to be genuine every document purporting to be a certificate, certify copy or other document which is a) declared by law to be admissible as evidence of any particular fact and b) Substantially in the form, and purporting to be kill in the manner, directed by law in that behalf and c) Purporting to be duly certified by a public officer. 2)The court shall also presume that any officer by whom any such document purports to be signed or certif ied held, when he signed it, the official character which he claims in such document. To be able to disprove documents under this act you have to bring evidence. Records of Evidence Section 84Whenever any document is produced before any court, purporting to be a record or memorandum of any evidence given in a judicial proceeding or before any officer authorized by law to take such evidence, and purporting to be signed by a Judge or magistrate or any such officer as aforesaid, the court shall presume a) that the document is genuine ) that any statements as to the circumstances in which it was taken, purporting to be made by the person signing it, are true and c) that such evidence was duly taken. The use of the word shall documents are presumed to be genuine. Section 85. The labor of a copy of any written law, or of a copy of the Gazette containing any written law or any notice purporting to be made in pursuance of a written law, where such law or notice (as the case may be) purport s to be printed by the Government Printer, shall be prima facie evidence in all courts and for all purposes whatsoever of the due making and tenor of such ritten law or notice. There is a public policy that such a documents shall be genuine unless there is conclusive evidence to the contrary. Sections 86, 87 and 88, Section 86(1)The court shall presume the genuineness of every document purporting to be a) London Gazette, the Edinburgh Gazette, or the official Gazette of any country in the Commonwealth. b) A newspaper or journal ) A document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody. (2)Documents are said to be in proper custody if they are in the place in which and under the care of the person with whom they would naturally be but no custody is out-of-the-way if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to seek s uch an origin probable. Section 87.Where any publication or part therefore indicates or purports to indicate the name of any person by or on behalf or under sponsorship of whom, or the place at which or date on which, such publication or any part so was contributed, it shall, in any proceedings for an offence under any written law or for condescension of any court, be presumed, until the contrary is proved, that such publication or part thereof was contributed, by or on behalf or under the sponsorship of such person, or at such place or on such date, as the case may be.Use of the word shall all publications will be deemed to have been published, edited, printed in the place that they are said to have been published unless you can bring evidence to the contrary.Section 88When any document is produced before any court, purporting to be a document which, by the law if force for the time being in England, would be admissible in proof of any particular in any Court of Justice in Engla nd, without proof of the seal or stamp or signature authenticating it, or of the judicial or official character claimed by the person by whom it purports to be signed a) the court shall presume that such seal, stamp or signature is genuine, and that the pers