Real ID Cómo sacarlo y su impacto en los migrantes

En cumplimiento de la ley Real I.D., a partir del 1 de octubre de 2020, las licencias regulares de manejar y de identificacià ³n no podrà ¡n utilizarse para abordar vuelos domà ©sticos ni para acceder a algunos edificios federales. Para ello, deberà ¡ obtenerse una licencia de manejar (drivers license) o una licencia de identificacià ³n (I.D. card) que se ajuste a las directrices de la ley Real I.D. Puntos Clave: Licencias de manejar e identificacià ³n Real ID A partir del 1 de octubre de 2020 no se podrà ¡n utilizar las licencias regulares de manejar como identificacià ³n para abordar vuelos domà ©sticos o acceder a ciertos edificios federales.No es obligatorio obtener una licencia Real I.D.; para conducir se puede seguir utilizando la licencia regular.La identificacià ³n Real I.D. es muy difà ­cil de alterar o falsificar. Este documento sirve como prueba de identidad y de presencia legal en el paà ­s.  ¿Cà ³mo funciona Real ID y cà ³mo afecta a los migrantes? Las nuevas licencias Real I.D. registran el nombre legal completo del solicitante, asà ­ como su fecha de nacimiento, fotografà ­a, direccià ³n de residencia, gà ©nero y firma. Ademà ¡s, contienen medidas de seguridad y de codificacià ³n de la informacià ³n que las hace muy difà ­ciles de alterar o falsificar. Al mismo tiempo, sirven como prueba de presencia legal en Estados Unidos de dos formas distintas. Por un lado, para obtener una licencia de manejar o de identificacià ³n Real I.D. es requisito indispensable demostrar mediante documentos que el solicitante es ciudadano o posee estatus migratorio legal en Estados Unidos. Los Departamentos de Vehà ­culos Motores de cada estado deben guardar digitalmente copias de dichos documentos. Por otro lado, la ley Real I.D. establece que los Departamentos de Vehà ­culos Motores deben compartir informacià ³n sobre sus licencias en una base de datos comà ºn que se conoce como S2S, la cual forma parte de SPEXS. Cada vez que se ingresa nueva informacià ³n al sistema, la base de datos la envà ­a al Departamento de Seguridad Interna (DHS, por sus siglas en inglà ©s) y verifica el estatus legal del solicitante. En la actualidad, no todos los estados que ya emiten licencias Real I.D. està ¡n conectados con dicha base de datos.  ¿Para quà © es necesario tener una identificacià ³n Real ID? A partir del 1 de octubre de 2020 serà ¡ necesario tener una licencia de manejar o una licencia de identificacià ³n que cumpla con los requisitos de la ley Real I.D. para abordar vuelos domà ©sticos y para ingresar a algunos edificios federales como, por ejemplo, bases militares. Si no se tiene dicha identificacià ³n podrà ¡n utilizarse alternativas como el pasaporte estadounidense, tarjeta de pasaporte, I.D. militar, tarjeta de residencia permanente, pasaporte extranjero con visa và ¡lida, tarjetas SENTRI y NEXUS, entre otros documentos.  ¿Para quà © no es necesaria la identificacià ³n Real ID? No existe la obligacià ³n de tener una licencia Real I.D. Las personas que tienen una licencia de manejar regular pueden continuar manejando y comprar seguro de auto o solicitar en cualquier momento la Real I.D. Ademà ¡s, los conductores que sacan por primera vez una licencia de manejar pueden optar por cualquiera de las dos: la regular de siempre o la Real I.D. Asimismo, los migrantes indocumentados pueden seguir conduciendo con sus licencias emitidas expresamente para esta categorà ­a de migrantes en una docena de estados. Cabe destacar que tampoco es necesario tener una licencia Real I.D. para ingresar a hospitales, acceder a cortes federales—incluidas las de inmigracià ³n—, abrir una cuenta de banco, aplicar o recibir beneficios sociales federales o para identificarse con carà ¡cter general.  ¿En quà © estados se puede obtener ya una licencia Real ID? En la actualidad es posible solicitar una licencia de manejar o de identificacià ³n que cumple con los requisitos de la ley Real I.D. en todos los estados y territorios de Estados Unidos excepto en los estados de Nueva Jersey, Oklahoma, Oregà ³n y los territorios de Islas Marianas del Norte y Samoa Americana.  ¿Cà ³mo obtener una licencia Real ID y quà © documentos se piden a los migrantes? Para obtener una licencia o identificacià ³n Real I.D., la ley federal establece parà ¡metros estrictos que deben cumplirse para probar identidad y presencia legal por un lado y, por otro, residencia en el estado donde se solicita la licencia. Ademà ¡s, cada estado puede establecer sus propias reglas adicionales en tanto respete las directrices federales. Prueba de identidad y presencia legal Se exigen dos documentos. Por un lado, como regla general debe mostrarse la tarjeta con el Nà ºmero del Seguro Social (SSN, por sus siglas en inglà ©s). Sin embargo, se admiten excepciones a esta regla en ciertas categorà ­as de migrantes, como pueden ser algunas circunstancias de refugiados, solicitantes de asilo, solicitantes de la proteccià ³n VAWA para personas que han sufrido abuso, etc. En estos casos se puede presentar carta de la Administracià ³n del Seguro Social (SSA, por sus siglas en inglà ©s) especificando que el migrante es inelegible para la tarjeta del SSN. Por otro lado, debe mostrarse uno de los siguientes documentos: pasaporte estadounidense, certificado de nacimiento original o copia certificada, tarjeta de pasaporte, tarjeta militar de EE.UU., green card o pasaporte extranjero con sello I-551, permiso de trabajo EAD y tarjeta del Seguro Social. Ademà ¡s, tambià ©n se admiten el permiso de reingreso I-327 (tambià ©n conocido como advanced parole), la orden judicial de suspensià ³n de la deportacià ³n o el documento de viaje de los refugiados I-571. Asimismo, tambià ©n puede admitirse como documento que prueba presencia autorizada en los Estados Unidos la prà ³rroga de TPS, la aprobacià ³n de DACA para muchachos indocumentados y, en algunas circunstancias, el documento I-797 de solicitud de cambio de estatus. En el caso de extranjeros con visa de trabajo como la H-1B o la O, o visa de inversià ³n E-2, se admite presentar como prueba de identidad el pasaporte extranjero con visa và ¡lida. En el caso de estudiantes con visa F-1 deberà ¡n presentar junto con el pasaporte con la visa và ¡lida una copia del documento I-94, Registro de entrada y de salida. Puede estar sellado por un oficial de migracià ³n en el momento de ingresar a EE.UU. o puede ser una impresià ³n obtenida de la pà ¡gina oficial de la CBP. En todos los casos, los documentos deben ser originales. La à ºnica excepcià ³n son los certificados de nacimiento en EE.UU., para lo que se admite una copia debidamente certificada por la autoridad competente y con sello levantado o en relieve. Ademà ¡s, en el caso de cambio de nombre, deberà ¡ mostrarse la orden judicial, declaracià ³n de divorcio o certificado de matrimonio donde asà ­ consta. Prueba de residencia La residencia en el estado donde se solicita la licencia Real I.D. debe demostrarse con dos documentos. Como regla general se admiten facturas de servicio de cable, electricidad o telà ©fono, alquiler de vivienda, licencia de manejar sin expirar, registro de vehà ­culo, seguro de auto y extractos de banco, entre otros documentos similares. La mayorà ­a de los estados prevà ©n soluciones para el caso de personas que no tienen facturas, contratos o propiedades a su nombre. Los menores de edad, por ejemplo, pueden presentarse con una persona con quien conviven y que sà ­ recibe facturas a su nombre. Sin embargo, deberà ¡n mostrar al menos un documento en el cual figuren su nombre y su direccià ³n. En persona En cada estado se establecen las reglas para concertar una cita en una oficina local del Departamento de Vehà ­culos Motores, pero en todos ellos es necesario que el solicitante se presente con sus documentos ante un oficial para realizar el trà ¡mite. Costo de las licencias Real ID Cada estado establece sus propias tarifas. Por ejemplo, en Nueva York las licencias regulares y las Real I.D. tienen el mismo costo. En Pensilvania, la primera vez que se solicita una licencia Real I.D. debe pagarse una tarifa adicional de $30. En Nevada, si se desea un cambio de licencia regular por Real I.D., se debe pagar una tarifa de mejora de categorà ­a de $9,25 por las licencias de conducir y de $8,25 por las de identificacià ³n. Se recomienda consultar la pà ¡gina del Departamento de Vehà ­culos Motores del estado donde se reside para verificar el costo de la tarifa. Real ID y su diferencia con la licencia de manejar mejorada La licencia de manejar mejorada, conocida como Enhanced Drivers License en inglà ©s o por sus siglas EDL, es una licencia de conducir especial que permite a los ciudadanos de Estados Unidos y Canadà ¡ cruzar la frontera terrestre o marà ­tima entre estos dos paà ­ses. No es và ¡lida para cruce de frontera por avià ³n. En la actualidad, los à ºnicos estados que emiten la licencia EDL son Michigan, Minesota, Nueva York, Vermont y Washington. Fuente: DHS. (2005, May 11). DHS. Retrieved from  https://www.dhs.gov/xlibrary/assets/real-id-act-text.pdf Este es un artà ­culo informativo. No es informacià ³n legal.

The Killer Angels Book Review - 1641 Words

Katie Cline The Killer Angels Book Review June 21, 2012 The Killer Angels by Michael Shaara: The Random House Publishing Group, New York, 1974. The Killer Angels is a stunning recollection of the telltale battle of the Civil War: the Battle of Gettysburg. Set from June 29 to July 3, 1863 and told from the vantage points of several soldiers and commanding officers from both sides, including Lee, Longstreet, and Chamberlain, Michael Shaara effectively paints a picture of the war that divided America, from the tactical planning to the emotional hardships The book opened with a sodden Confederate spy as he blazed through the Union lines in the dead of night on June 29, 1863 toward the headquarters of Confederate general Robert E. Lee with†¦show more content†¦During one such moment, Chamberlain is reminded of a Shakespearean speech: â€Å"What a piece of work man is†¦in action how like an angel!† (page 126). Upon hearing this, Chamberlain’s father commented, â€Å"Well, boy, if he’s an angel, he’s sure a murderin’ angel.† (page 126). From this interaction, Chamberlain came up with â€Å"Man: the Killer Angels†, a thought he often revisited over the course of the Battle of Gettysburg, and from which the book acquires its title. Chamberlain acted with the intention of getting something positive out of the war. He never treated the Confederates as though they were less than him: â€Å" Chamberlain put out a hand. ‘Sir’ he said. The Alabama man nodded slightly. His voice was so low Chamberlain could hardly hear it. ‘Do you have some water?’ ‘Certainly.’ Chamberlain offered his own canteen.† (page 243). It is even known that he had his troops salute the surrendering South at Appomattox. Overall, I found Michael Shaara’s The Killer Angels an interesting book; it shed a new and different light on the Battle of Gettysburg by showing it from multiple points of view. 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A Houston-Based Waste Management Company Case Study

Questions: The Case Study A Houston-based Waste Management Company (WMC) signed a purchase agreement for a new revenue management system (ERP) in October 2005 with a well-known ERP vendor SAP AG. In 2006, WMC filed a case against the ERP vendor SAP for a complete failure of a $100 million ERP software implementation. It also alleged that SAP executives participated in a fraudulent sales scheme by describing the Waste and Recycling version of its ERP application as tested, working solution and this product would be delivered within 18 months from the purchase date. However, SAP fired back, claiming that Waste Management violated its contractual agreement with SAP by failing to timely and accurately define its business requirements and not providing sufficient, knowledgeable, decision-empowered users and managers to work on the project. WMC claimed it suffered significant damages, including more than US$100 million it spent on the project, as well as more than $350 million for benefits it would have gained if the software had worked as intended. In the end, SAP made a one-time cash payment to Waste Management under the confidential settlement's terms. In general ERP vendors provide basic software that can be modified to suit existing business processes OR modify their own business processes to suit the proposed system. Claims made by WMC indicate that they were expecting SAP to deliver already developed product without realising that it was a prototype. As we are not clear about the facts, it can be assumed that SAP was planning to develop a customised solution to meet WMCs needs, but failed to deliver a customised solution within 18 months, due to lack of support and information about current business practices at WMC. Task You have been asked to prepare a report identifying the causes of failure and recommendations to adopt a new ERP system. You need to thoroughly research, mount and justify proposed solutions for successful implementation of an ERP system. Your report should include discussion and arguments with suitable evidence about the following: Major causes of ERP implementation failure Use of prototype in ERP selection process, benefits and challenges with converting prototype into a working system. Detail the importance of Introducing an ERP that requires changing business processes to match the system functionality, or Customise the software to match the business processes. Answer: Script From the inception of ERP or Enterprise Resource Planning by businesses, organizations face different dilemmas and problems. It is true that integration of business processes with ERP makes the business process faster, brings more revenue to the business. At the same time, ERP implementation failure can result into situations like the same in case of WMC and SAP AG implementation case. Where the implementation failed due to wrong selection of ERP, lack of understanding about ERP, prototyping, lack of communication and commitment from top level management etc. These type of situations is not intended for any organization. One of the difficult thing to decide about ERP implementation are the customizations. Business processes differs from one organization to another, as ERP is closely related to business processes, so the customization of the ERP solution will vary from one ERP solution to another. And sometimes organization choose vanilla implementation that is ERP implementation without customization. But this is not en efficient process. Another path to avoid customization of ERP solution is to customization the business process according to ERP implementation. But it adds more complexity, more manitance cost, lesser flexibility etc. In this presentation, customization of ERP solution according to business process will be discussed. Before customizing an ERP implementation it needs to understand what an ERP solution is. ERP systems are modular, larger and complex systems that integrates the business processes like SCM, HR, Accounts, CRM etc. and many more. But these are mostly packaged solution. And it will suffer the issues that are true for any packaged solution. Packages solution suffer from uncertainty about package modification time and cost, vender viability, and the ability of the package to meet the user needs (Gross Ginzberg, 1984) now, it needs customization to meets the user needs. To reach into the business functions of an organization, staying within the scope of ERP systems, organizations will either change its business process or change the ERP solution whatever there is a mismatch between the requirement of the organization and the offering from the ERP solution. There are different types of situation when the cases arrives that the ERP solution needs customization. There are different types of strategic alignment with ERP customization. There have been extensive studies on finding the critical factors that directs to ERP implementation success and are considered to be the preferable ways for software customization. Still there may be situation of mismatch between strategic alignment and customization. Studies says that it needs modification and customization of ERP systems to meet the requirements of the organization. (Light, 2005) The deciding factors behind customization of ERP solution will include, 1. Factors related to the product For any organization customers is a big factor. Preferences are given on customers requirement and preferences. But it is sometimes hard to predict the customer responses before implementation of the ERP. Consultants are required to decide the functionalities needed by the customer from the ERP system and listing those down. Then they priorities the lists and make the customization based on the list. 2. Internal and technical factors Customization should be accepted such that it does not affect the structure and interdependencies of the modules much. 3. Benefits from customization The measurement of benefits from customization is needed to be evaluated. The evaluation should be realistic enough. There are two types of customizations made to the ERP solutions for bridging the gap between ERP solution and business process. Those are consistency customizations and strategic customization. In consistency customization, the customizations are made to the ERP solution to achieve consistency among the business process and the ERP solution. These kid of customization are required for fitting the ERP solution into the business. For example, there may be a requirement where the reports generated for the organizations needs to have some specific types of headers and footers. Addition of that to the reporting tool of the ERP solution is a type of consistency customization. On the other hand strategic customization are customization made to the ERP solution to achieve strategic alignment with the business processes of the organization. This is an extension of alignment of the business processes along with the information system strategies of the organization. Customization of ERP solution can be based on the technology and technicalities behind the ERP customization. (Luo Strong, 2004). The processes undertaken for technical customization may be, 4. Selection of Modules In this case, an organization selects the modules of the ERP solution that needs customization for getting fitted into the business process. The management and IT department decides on the customization required for this case. In terms of business benefits, more customization of modules will make the modules more suited and aligned with the business process. But the risk is the interrelationships among the modules may get affected. For an ERP system, that is highly modular and integrated around the modules of an ERP solution, it can lead to problematic ERP solution. The costs, changes etc. also needed to be considered. 5. Customization of Table Configurations These kind of customizations are done to ERP systems for tailoring it according to the business process. It needs understanding of the essence of each customization and configuration options available to the tables in the ERP solution. Also it needs to understand the consequences of wrong configurations. Usually there are different kind of large number of tables in an ERP solution. Thus the task of configuring the tables may turn up to be time consuming task. Maintaining the interdependencies among the tables and modules is very much needed in this case. 6. Modification of code Customization of ERP system may need to modify the code of the system. Thus it will take programming tasks to complete. An example is customizing the interfaces of the system. The advantages from customization of ERP solution will be, (Aslam, et al., 2012) 1. An ERP solutions integrates business process and build a centralized control over the business processes in the organization. Integration of business processes makes the processes more collaborative, faster, and compatible and the redundancy among the processes are reduced. 2. Customization helps to rule out the unnecessary or irrelevant modules from the solution and may add features that are more close to the business. Thus the integration of IT with business process will be enhanced. The business will be able to utilize the benefits of information technology more than before. 3. ustomization of ERP according to the business process is less costly than changing the business process to get aligned with the ERP solution. 4. Business process reengineering need to change the business process, the structure or organization, organizational culture, business strategies etc. the risks of such changes are more complex, risky and time consuming than changing ERP solution along with the business process. (Grabot, et al., 2008) 5. Recent ERP vendors provide enough support for ERP customization by offering wide range of plug ins, modules, support etc. thus customization of ERP in not that much complex now a days. Also there are vendors that provide different ERP solution for specific industries. Choosing some industry specific solution related to the business will help in reducing the degree of customization to some degree. 6. In case of custom ERP solution, it is built based on the requirements of the business process, thus it will be able to represent the business in better way. The business will be run in more smoothly. 7. The interfaces and layout can be customized as per the users requirement and choices. Thus it will make the interface more user friendly. 8. It will help to control visibility and access over the system and data in a better way. Organization will be able to implement such features in a better way. 9. It will not require any change in organizational structure or culture, thus the resistance from user will be lesser. And it will help in more user participation, thus the system will be utilized in a better way. There are some far reaching consequences of these ERP implementations. (Grabski, et al., 2000) Some factors under this consideration are, 1. Customization of ERP is a part the organizational effort given the project of ERP implementation. There will be significant investment of cost, time and effort behind customization of ERP. 2. Customization may end up in addition of new bugs in the ERP system. Customization changes the software provided by vendor and these bugs stems out from the customization hence, vendor will not be responsible for these bugs. The development process of ERP implementation can be delayed for these bugs. Even sometimes it can lead to ERP failures. 3. Customization will increase the complexity of the ERP implementation to some more degree. 4. Manitance and upgrades can also be dramatic and complex. Vendors may not support up gradation of customization solutions. In that case it may need hiring experts for that purpose. To conclude the discussion, the bottom line of any ERP implementation will be understanding the requirements, selecting the right ERP solution, deciding the customization only as much as needed. References Aslam, U., Coombs, C. R. Doherty, N. F., 2012. Benefits Realisation from ERP systems : The Role of Customisation. ECIS. Grabot, B., 2008. Process Alignment or ERP Customisation. ERP Systems and Organisational Change, pp. 139-156. Grabot, B., Mayre, A. Bazet, I., 2008. ERP Systems and Organisational Change. s.l.:Springer . Grabski, S. V., Leech, S. A. Lu, B., 2000. Risks and Controls in the Implementation of ERP Systems. The International Journal of Digital Accounting Research, pp. 47-68. Gross Ginzberg, 1984. Enterprise Information Systems: Concepts, Methodologies, Tools and Applications. s.l.:Idea Group Inc (IGI). Harwood, S., 2003. ERP: The Implementation Cycle. s.l.:Butterworth-Heinemann. Leon, A., 2008. ERP Demystified. s.l.:McGraw-Hill. Light, B., 2005. Going beyond misfit as a reason for ERP package customisation. Current trends in ERP implementations and utilisation, p. 606619. Luo, W. Strong, D., 2004. Framework for Evaluating ERP Implementation Choice. IEEE Transactions on Engineering and Management, pp. 322-333.

Name Essays (1365 words) - Genocides, Racism, Murder,

Name: Professor: Course: Date: Representations of War and Genocide Edwidge Danticat's Farming of the Bones portrays genocide and massacre in a number of ways. This essay concentrates on reasons why in history, the Parsley massacre is not known as genocide but rather a massacre. Massacre is defined as the act of mass murdering of people because of a variety of reasons; it is indiscriminately killing of a large number of people and especially the less powerful, less power and those that are not rebellious. Massacre can also be referred as an act of destruction where not only people are slaughtered by their properties are destroyed as well. Genocide is an act of killing people from a certain ethnic group or discriminatory killing of people. Therefore, in History, Parsley massacre is called massacre because Parsley was about mass murdering of helpless and less fortunate people due to a number of reasons. The author of The Farming Bones, Danticat combines history and fictions to represent war and genocide. This book relates to the historical fict ion that focuses on 1937 massacre that took place in the Dominican Republic under the ruling of dict ator, Rafael Trujillo (Upchurch ). In this case, the intention of the author is to use both fiction and history to enable them to understand the novel and its themes. The part focus on why does the author mention genocides in history as far back as the Armenian genocide but do not mention the Parsley massacre and factors that contribute to the absence Parsley massacre in history. There are various reasons why the author mentions genocides in history but does not mention the Parsley massacre. First, the author feels that history has forgotten the incident that led to the deaths of people from her country. History mentions events such as Armenian genocide, Holocaust, Rwandan genocide and many other events that led loss lives. These extermination historical events can be referred to the genocides since the certain minority groups the targets. The structure of the narrative is meant is to ensure that international community profoundly understands levels of injustices that were influenced by ethnicity and racism and what historical traumatic events affected both men, women and children. Danticat felt that victims of genocides such as Armenian genocides and others and their sufferings are valued are recognized and valued as part of history while Parsley massacre victims and their sufferings are not recognized, which is an another form of injustice that they suffer. For example, from the book, the quotes "Sometimes the people in the fields, when they're tired and angry, they say we're an orphaned people," he said, "They say we are the Burt crud at the bottom of the pot. They say some people don't belong anywhere and that's us. I say we are a group of vwayaje, wayfarers. This is why you had to travel this far to meet me, because this is what we " (Danticat 56) represent how event increases the number of orphans. The author attempts to mention genocides in history to help memorize the how thousands of people used to suffer due to discriminatory reasons. By telling the story, the author aims at and creating awareness of the genocide that took place in history. The death of Joel and the facts there is no funeral for him represent the kinds of incidences that took place during genocides mentioned in history. The statements "No funeral for Joel," he said, "I wanted to bury him in our own land where he was born, I did, but he was too heavy to carry so far. I buried him where he did in the ravine. I buried him in a field of lemongrass, my son. "He lowered his head, letting the tobacco mix drop to his chest. "He was one of those children who grew like weeds in the fields, my son. Didn't need nobody or nothing, but he I'd love his father. It wasn't ceremonious the way I buried him, I know. No clothes, no coffin, nothing between him and the dry ground. I wanted to give him back to the soil t he way his mother passed him to me on the first day of his"( Danticat 108). This

Newcastle Earthquake Essay Example

Newcastle Earthquake Essay Example Newcastle Earthquake Paper Newcastle Earthquake Paper updated 22 June 2004, Australian Government, viewed 11 March 2006, ; ga. gov. au/urban/factsheets/earthquakes. jsp; Bland, S, Erin, S, O’Leary, MA, Farinaro, E, Jossa, F, Trevisan, M 1996, ‘Long-term Psychological Effects of Natural Disasters’, Psychosomatic Medicine, vol. 58, no. 1, pp. 8 – 24, available in pdf format, viewed 14 March 2006, ; psychosomaticmedicine. org/cgi/reprint/58/1/18; Carter, N 1991, Disaster Management: A Disaster Manager’s Handbook, Asian Development Bank, Philippines Dhu, T Jones, T (eds) 2002, Earthquake Risk in Newcastle and Lake Macquarie, electronic version, Minerals and Geohazards Division Geoscience Australia, Canberra, ; ga. gov. au/image_cache/GA4187. pdf; Insurance Disaster Response Organisation 2002, Claims Survey, Insurance Disaster Response Organisation, viewed 20 March 2006, ; idro. com. au/disaster_list/docs/disaster080. df; Lawson, M 2000, Geologists find Newcastle Fault, updated 2000, Queensland Univer sity of Technology, viewed 2 March 2006 ; corpcomm. qut. edu. au/corpcom/servives_function/publications/iqut/iq_206_comp. pdf; New South Wales Government 2001, New South Wales State Disaster Plan, October 2001, New South Wales Government, also available in pdf format, viewed 17 March 2006, ; emergency. nsw. gov. au/media/84. pdf; Newcastle Council 2001, Newcastle Earthquake, Newcastle regional Library, Newcastle Newcastle Library n. d, Brief facts and figures, Newcastle Council, viewed 10 March 2006 ; cc. nsw. gov. au/services/culture/library/research/earthq5. cfm; Newcastle Library n. d, Earthquake Risk Maps, Newcastle Council, viewed 10 March 2006 O’Mara, T 2004, Recovery Management: The long and only road, electronic version, 17 February 2004, University of New South Wales, 23 March 2006, ;htp://www. tefma. com/infoservices/papers/2004_UNSW_Security_Conference/OMara. pdf; Walker, G 1999, Newcastle Earthquake – What have we learnt, Aon Re Australia Limited, Australi a, viewed 20 March 2006, ; aon. com. au/pdf/reinsurance/Aon_Newcastle_Earthquake. pdf;

Contracts and Corporations

Contracts and Corporations Introduction Business contracts should be legalized to enhance their materialization. Since they provide legal instruments for protection, contracts enhance smooth execution of business activities. There are two types of contracts. These include formal and informal agreements that aid business operations. Formal contracts are the agreements written on paper. The involved parties must assent to it. Conversely, the informal contracts entail verbal agreements, which are prone to breach.Advertising We will write a custom essay sample on Contracts and Corporations specifically for you for only $16.05 $11/page Learn More In business, operation contracts exist amidst customers, suppliers, and business owners. The contracts are guided by the well-established procedures, and may be influenced by the participating parties. This is a considerable provision in the context of contracts and their enforceability. Businesses that seek to gain competitive advantages should d evelop strong and favorable contract terms to ensure that its activities are well executed. The business owners must know the parties they engage in contracts, their terms, conditions, and ability to deliver. This will avoid possible complaints and unwarranted damages that may be incurred due to impractical agreements and breach of contracts. This paper discusses the law of contract that guides business operations in various settings. Forming a contractual relationship Notably, contracts are binding agreements that provide legal terms of agreement between the parties involved (Steingold, 2010). When buying products, contracts should be signed to act as a binding provision between the concerned parties. Contractual relationship is the responsibility and obligations of all parties entering into contracts and agreements. It is a guiding principle that indicates the instruments of business agreement. This forms the point of reference when controversy occurs between the parties. They are formulated under voluntary and express settings with the acceptance of the parties. In review of Mr. William’s case, one cannot provide a clear contract in lieu of the facts. Legally, the display of valuables or commodities amount to an existence of a contract. However, it cannot be claimed entirely that the contract existed between the salesman and Mr. William. The display of goods does not among to contractual agreements. This is a considerable provision in this context. It is vital to unveil the provisions of legal contracts and how they can be formalized to validate claims. In this regard, the contract was evident between salesman and Mr. William although it was not formalized. Hence, no legal claims can be made in this context. Both parties were not bound legally. Their dealings were informal hence exhibited no legal grounds. It was important for the involved parties to formalize their agreement to enhance the legal provisions in this context. Evidently, both parties ha d interest since the sales person was to attract buyers.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Concurrently, the customer had immense interest in the product, a provision that is normal in the current market trends. (Steingold, 2010). The issue is that the equipment was put on display that signifies a partial form of business contract. That is, if the sales company was not interested in forming any business contract, then there was no business putting the item on display. In this case, Mr. William should receive compensation for his time that he wasted in the premises sampling the items in guidance by the sales personnel. The ultimate claim by the salesman that the concerned equipment was not on sale was inappropriate. In the business context, the organization could have not displayed the product if it was not for sale. This is a considerable claim amongst the concer ned parties. The legal provisions established, ratified, and embraced in the business context are evident. Precisely, formalization of contracts is a credible provision for future claims. An organization can easily establish a particular legal provision to serve a given case with lucidity. Capacity to Contract The law requires that parties entering into any form of a contract should meet certain standards for the agreement to be legally binding and enforceable (Cassidy, 2006). This is a critical provision when considered critically in the context of contracts. For instance, the provided case exhibits credible legal provisions that should have been considered early enough in order to legalize the concerned contract. The fundamental issues that requires establishment before formalizing contractual agreements include age group, mind capacity, soundness and willingness to accept the terms. In review of the Case involving Drive Yourself Company and the minor, it is evident that the compa ny acted on negligence when making the recruitment of the new driver. Indeed, the lawsuit against the company would succeed since it omitted the major provision of contract procedures. The organization could have considered practicable legal provisions before recruiting the new employee. The fact that the new driver was young in the industry could have been considered credibly before hiring him. The company never performed its investigations adequately to ascertain the age group of the driver who later turned to be 17 years. Legally, employing minors is forbidden in numerous states. The exact age of an employee should be established before signing legal contracts with him or her. This is a considerable provision when scrutinized legally in the context of contracts. Precisely, Drive Yourself Company is legally on the wrong side of the law. Initially, the company violated the law by recruiting a minor to work for it as a driver. This exposed the company as a prominent violator of the contract act; thus Drive Yourself Company was liable for its actions. Precisely, the lawsuit against the company would succeed since it omitted the major object of contract procedures (Cassidy, 2006). This is a considerable provision in the legal contexts. Numerous institutions have strived to obey the provisions of the law when making contracts with other independent parties. These are done to avert future convictions due to breach of contracts.Advertising We will write a custom essay sample on Contracts and Corporations specifically for you for only $16.05 $11/page Learn More The most important thing to do is to establish credible and practicable legal provisions that all organizations engaged I contracts with employees are allowed to do so within the provisions of the law. It is vital to enhance the credibility of contractual provisions as in the case of this company its employee. Despite the fact that the company was on the wrong, the employee equally s erves some responsibility in this context. Enforceability of a contract A contract’s enforceability is dependent on the terms and guiding principles that are spelt out in the agreement deed. This is meant to avert future convictions on the breach of the contract. Once the agreement is sealed the contract terms become legalized between the parties. In fact, their cooperation becomes paramount so as to meet the entire provisions of the contract. Ordinarily, failure by any party to fulfill its contract promises can instigate prosecution for damages. Contextually, in the case of Galt who entered into a formal contract to take dancing lessons in a local studio, the company had an obligation to meet her expectation. This is what Galt expected to attain after the end of the contract. In fact, the company had no otherwise but to deliver their obligations. The enforceability of a contract is a prominent provision in numerous contexts. The company was under obligation to ensure that th e contract was accomplished as coordinated by the instructor. Indeed, the contract became binding on the company since employee’s actions are deemed to be the company’s actions. They acted on behalf of the company and any agreement with clients require fulfillment irrespective of the employee’s existence. Galt sued the company for damages after the emergence that the company was reneging on its promise through the new instructor. The case would be in favor of Galt who had an expectation that the company would fulfill his promise. This fact might help in the ruling of the case. It is prudential to obey contracts in the legal contexts. Additionally, the owner of the dance studio should establish contractual policies that can streamline the contract made by customers. Additionally, the contract should ensure that the company obeys its agreements with customers to avoid the rampant breach of contracts. Such policies should be put in place to avoid this kind of incid ent in the future. Discharge by means other than performance part A B There are diverse ways that a contract can be discharged. These are spelt out under the law. The discharge clauses provide amicable provisions for the contractual parties to end their engagement in a systematic manner (Rowan, 2012). As noted, discharge of contracts is always preceded by various activities and factors. These include lack of capacity for execution, environmental challenges, and economic complications.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More These complications may result to severe frustration that can create the need for the contractual parties to seek for termination or discharge. Contracting parties can terminate business agreement due to frustration, incapacitation, and breach of the terms by a party. In review of case A that involves Dryden contraction company and the contract holder, various challenges were evident that stalled the execution of the project. The company despite its commitment into execution of the project faced severe frustration that emanated due to poor weather conditions. The frustrations caused by snow cover on the construction site and low temperatures prompted the mentioned discharge. This was in accordance with law as indicated earlier. Concurrently, the termination bid in respect to frustration is valid (Rowan, 2012). Since Rigoletto communicated his absence in advance, suing him will not grant any success. He discharged his engagement due to commitments but preferred an artist who was fair ly known to take his part. According to the earlier agreement, he was to appear in the concert and his Halifax sponsors made adequate preparation for his arrival. They were frustrated on getting the massage of disclaimer from the artist that made them to contemplate suing the artist for the damages. However, this may not favor the sponsors since the artist discharged the engagement before the date of the concert that is allowed due to commitments that he cited. Remedies for breach of contracts Remedies for breach of contracts are equitable measures that seek to ensure that both parties in an agreement receive fair treatment. In particular, once an agreement is signed, the parties involved are bound to comply with its terms (Meiners, Ringleb Edwards, 2008). This is critical since any act of incompliance may attract severe damages to the reneging party as stated in the law. In lieu of the contracting circumstances between Jones and the tiles company, it is right for Jones to demand f airness. The parties are involved in a battle citing infringement on their contract rights. Jones stated that the company reneged on their working promise that they affirmed before commencement of the work. That is they undertook not to leave before finishing their work (Meiners, Ringleb Edwards, 2008). However, the company workers left for 10 days that was not in consonance with the agreement. Jones warned them not to engage in the contract if they could not deliver. Nonetheless, the company sued him for breach of the contract hoping to receive their money. According to the facts, the company officials were warned in prior and committed to maintain their services and leave upon completion. Therefore, they were the first individuals to breach the contract. They should have apologized for the inconvenience caused and seek modalities to compensate Jones for the damages instead of suing him. The remedies that the two parties sought were well in line with their quest for justice since they both violated the terms of engagement. That is the company failed to deliver on its promise of ensuring that thee Jones floor was complete before leaving and payment. Their departure resulted to severe inconveniences to Jones family since they could not utilize the kitchen optimally for satisfying their cooking needs. Although Jones may have been right in demanding for compensation due to the breach of terms of engagement terms by the company officials, he failed to follow due process (Kern Willcocks, 2001). His action of denying the company the agreed remuneration was tantamount to executing legal instruments invalidly. He should have launched the compliant through a credible system to ensure that the company suffers damages instead of denying them the payment. This explains why both parties went against the law whose remedy was only achievable through the approach they undertook. Enforceability of contract rights Duress refers to a situation where an individual executes an a ct or performs an activity due to pressure or threat. Duress may not occur in online transactions. This is a critical observation in diverse contexts and the modern technological provisions. No one is under duress to make online transactions or is being coerced in making online transactions in most cases (Kern Willcocks, 2001). This explains why duress is the only practice that is not common in comparison to ‘mistake’ and ‘misrepresentation’. Indeed, effective enforceability of contracts rights should be under minimal pressure but on legal principles. The enforceability nature should not deprive the participating parties the right to fair engagement that is paramount in any business setting as evident under duress (Helewitz, 2010). Internet or e-transactions requires absolute accuracy and should be undertaken with minimal pressure to facilitate their credibility. Such transactions, for example, electronic payment or product ordering should be executed unde r voluntary terms with at most accuracy. The transactions should be done with the client’s acceptance that disqualifies the practice of duress. As noted, mistakes or misrepresentation of information and figures are eminent in executing electronic transactions but not duress. Therefore, duress that involves performance under pressure remains an eminent element to consider. This is a considerable provision hen scrutinized critically in the legal contexts. In this case, it might affect individuals when performing electronic transactions. Sole proprietorship, agency and partnership and corporate law Partnership is an agreement that gives each party a substantive right of operation. Partners work to achieve common goals and growth levels. The case of Kuli and Magory depicts an employment partnership. The partnership is based on clear terms of employment agreements that are recommended to upscale the employee’s welfare. In the agreement, Magory has express duties and respons ibilities that are delegated by the farm owner. This depicts him as an employee (Kern Willcocks, 2001). Consequently, companies operate as legal and independent entities according to the law. There operations are not pegged on the existence of the directors (Helewitz, 2010). There are legal provisions that coordinates operations of institutions incase of emergencies like the one that resulted to the death of the Driftwood company directors. The defense point of view of the debtor even though may be valid cannot receive full credit in light of the circumstances before the law. This is evident since the debt is to the company that remains a legal entity and not the directors. The debtor should get acquitted that any money owed to the company is recorded in the institutions name and that the directors only act as coordinators of activities (Kern Willcocks, 2001). Although their existence is vital as required by the companies act, the company will execute its operations as a separate entity. This explains why the debtor has mno0 right to object or renege on paying the money owed to the company that is now under headship of the manager. Indeed, the manager in this case is diligently discharging his duty that is to coordinate and maintain the institutions resources. He has a duty to ensure that the debts owed by clients are received whether the directors are alive or not. His action of requesting that money is in line with his core mandate and the debtor has reason to renege. Real estate Development or erection of infrastructural setups requires the consent of the parties involved especially when it involves the use of land. This is critical since some projects, for example, petroleum pipeline presents severe risks to the people. Janus has aright to protect his land and express his concerns regarding the erection of the pipeline through his farm (Helewitz, 2010). He should analyze the justification of the pipeline and its impact in various sectors of operations. I f the project is of economic nature then he should accept but request for more compensation. Indeed, the pipeline that is to be erected is of great economic nature and he should not refuse. This is due to the projects fundamental objects that are to facilitate flow and supply of petroleum to the citizens (Tomasic, Bottomley McQueen, 2002). It is set to ensure that the locals acquire petroleum product effectively, efficiently and in a timely manner. Janus should also realize that the product is an economic good whose availability is significant for economic growth. As such he should consider accepting the ideals of the project and allow the erection of the pipeline infrastructure. However, he should claim for increased compensation and enhancement of safety due to the risks that such a project will expose him. This is to guarantee his life and social safety since petroleum product is highly dangerous due to its inflammable nature. It exposes individuals to severe risk of burn and ac quisition of certain degreases since it holds hazardous content. Its hazardous nature affects health status of individuals (Helewitz, 2010). Corporate law- purchase and sales of businesses In the current business environment, investors are making varied considerations before engaging into purchasing of shares (Tomasic, Bottomley McQueen, 2002). This is staged to avert probable risks vulnerable in the entire scenario. Corporate law is established to ensure that the purchases and sales’ provisions are executed legally and considerably within the law. It is vital to understand the provisions fronted by this pact so as to remain relevant in the market. The factors under consideration are to enable the investors to establish the performing power and operating strength of the company that signifies the potential rate of return. Everything should be done within the legal quarters in regard to the purchases and sales of businesses. The factors include future operating or expansion p lans, asset based provisions and profit portfolio (Kern Willcocks, 2001). The concerned organization should strategize on how to execute the required business dealings within the legal framework. In review of the three corporations that are listed for consideration by the investor. The first company is a private corporation within strong asset base, the second is publicly owned corporation with weak asset base and the third one hold strong asset portfolio and excellent performance. In particular, the risks involved in purchasing shares in the first company that is a private company is that there is no guarantee for compensation incase the company wind up its operation. There is risk that the company may prematurely collapse incase of misunderstanding in its management circles (Tomasic, Bottomley McQueen, 2002). This may affect the performance of its shares in the market. The risk in the second appertains to the possibility of low returns due to its instability in performance. The company has low asset base and performance levels that hold the capacity of stalling its performance. Its low asset base also gives a clear risk since when it collapses the shareholders may not have any source to acquire their investments. The risk in the third company majorly focuses on policy issues that influences share performance in the market. Investors keen to making asset purchasing should consider the ownership of the asset, its operating limits, the warranty period and its effectiveness and efficiency. Conclusion Indeed, institutions that seek to gain competitive advantages should develop strong and favorable contract terms to ensure that their activities are well executed. This is to avert possible complaints and losses due to immature agreement. Agreeably, this is a considerable provision when considered critically in the context of contracts. It is vital to understand the fact that the law requires that parties entering into any form of contract should meet certain stan dards. This will allow the agreement to be legally binding and enforceable. Precisely, formalization of contracts is a credible provision for a legal protection on future claims. An organization can easily establish a particular legal provision to serve a given case with lucidity. References Cassidy, J. (2006). Concise corporations law. Annandale: Federation Press Helewitz, J. A. (2010). Basic contract law for paralegals. Austin, TX: Wolters Kluwer Law Business Kern, T. Willcocks, L. (2001). The relationship advantage: Information technologies, sourcing, and management. Oxford: Oxford Univ. Press Meiners, R., Ringleb, A. Edwards, F. (2008). The legal environment of business. Mason, OH: South-Western Cengage Learning Rowan, S. (2012). Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance. Oxford: OUP Oxford Steingold, F. (2010). Legal forms for starting running a small business. Berkeley, CA: Nolo Tomasic, R., Bottomley, S., McQueen, R. (2002). Corporations law in Australia. Sydney: Federation Press

Strategic Management Assignment Essay Example | Topics and Well Written Essays - 250 words

Strategic Management Assignment - Essay Example What this study found was that firms in the restaurant industry varied in their responses to such outside pressure depending on their levels of susceptibility or vulnerabilities based on multi-theoretic models. The findings provide important lesson for strategic management on how to respond to such external pressures for organizational change. Special interest groups (SIG) are not entirely new but they are becoming more activist in their demands to get what they want. Companies cannot avoid their influence as they are forced to respond in order to preserve legitimacy, goodwill and public image. The first theory is institutional perspective in which business firms are pressed to conform to certain norms depending on their degree of visibility. The next, resource-dependence theory, organizations can be particularly vulnerable to pressure if they are dependent on vital external inputs and are therefore more likely to make certain accommodations or concessions to outside demands as they are afraid of disruptions in resource or input inflows. The third resource-based theory looks at the firms internal capabilities in how it can predictably respond to such outside pressures. Those firms with dynamic capabilities are better able to resist such pressure as they can efficiently and quickly alter their ways of competing through innovative skills. The flexibility allows them more rapid responses. The last theory is organizational cognition in which firms are considered interpretive systems based on their top managers sense of urgency and