Administrative Law Notes Essay

Please note that this is a draft. The material is under revision. ?This material has been prepared by John P. Sangwa and was initially part of a larger study undertaken by the author. The material is meant for students studying L341. The reproduction for any purpose whatsoever of this work or any part thereof in any form or manner is not allowed without the permission of the author. What is Administrative Law? Administrative law, as a subject, has defied definite and concrete definition. Most scholars have confined themselves to formulating working definitions within the context of their works. There is, however, agreement that administrative law is concerned with powers and procedures for the use of those powers by public officers and institutions responsible for the performance of the functions of the state. It includes, especially, the law governing judicial review of administrative actions. Administrative law is law that governs those who administer any part of governmental activities. Administrative law is not the substantive law produced by the agencies, and it is not the substantive law created by the legislative bodies or courts and administered by the agencies; instead, administrative law is the law, which governs the powers and procedures of agencies. It includes procedural law created by the agencies but not the substantive law created by them, such as tax law, labour law, public utility law, transportation law, welfare law, town and country planning law, and the like. Administrative Law Distinguished from Constitutional Law There is a distinction between constitutional law and administrative law. Constitution law refers to the formal rules, in the case of Zambia, embodied in one single document referred to as the constitution, which establish the main institutions of the state, prescribe their powers, their relation with each other and their collective position vis-a-vis the citizens. Administrative law on the other hand focuses on the powers vested in these institutions and how they use them. For instance, the Banking and Financial Services Act, 1994, confers on the Bank of Zambia, the powers to regulate banking and regulated financial services and issue the necessary regulations from time to time. The Act itself and the regulations made pursuant thereto are not themselves of concern of administrative law. However, administrative law would touch on the authority of the Bank of Zambia to make regulations and upon the procedure employed in making them. Administrative law tends to focus on three aspects of administration: rule-making procedure, where the public institutions or officers are conferred powers to make rules, adjudicative procedure where there is power to make decisions and judicial review, which focuses on the power of the court to review decisions of public institution to ensure that they are intra-vires the empowering legal instruments, and to declare them ultra-vires, where they are not 2 The Scope and Administrative Law Administrative law is concerned with public authorities. It is concerned with the way power is acquired, where the public authorities get their powers from and the nature of those powers. It determines whether the exercise of a power subject to any particular procedure, or whether it must be exercised in any particular form. If so, it addresses the effect of failing to do so. It focuses on how to ensure that powers are used only for the purpose for which they are given – and that they are used effectively and efficiently. Administrative law is concerned not only with power but also with liabilities both of authorities and of their employees. It is concerned with the bodies, which exercise these powers – central government departments, public corporations, local authorities and other institutions. The role of the courts, as independent institutions, in providing some checks on the exercise of public powers is the concern of administrative law. The courts are concerned with the legality of the administrative actions. Administrative law must be seen as an instrument of control of the exercise of administrative powers. Administrative law, like any other branch of law is not an end in itself but means of getting things done by creating through the legal process, institutions, and granting them powers and imposing on them duties. The decision maker is subject to the law, but at the same time, he sees the law as something to use to achieve some end which society has chosen. Administrative law is a concern of a lawyer as much as for the public officers. There is need for public power, but there is also need for protection against its abuse. Administrative law attempts to address the age-old problem of abuse of power. Administrative law as discussed in this course is limited to law concerning powers, procedures, and judicial review. It does not include the enormous mass of substantive law produced by the various agencies. Although public institutions are created by statutes, by executive order authorised by statute, and by constitutional provisions, and although their principal powers and functions are normally defined by the instruments, which create them, the great bulk of administrative law is judge-made law. Some of the judge-made law either is or purports to be founded on constitutional or statutory interpretation. However, other judge-made law is made sometimes without reliance on either constitutional or statutory provisions. 3 SOURCES OF ADMINISTRATIVE LAW Introduction By sources we mean where one can look for answer whenever and administrative law issue arises. Administrative law is wherever law is. It is founded on the Constitution. It is in the statutes and in any form of statutory instrument. Administrative law is also in the form of common law made by the courts and in the form of procedural rules made by administrative agencies themselves. Constitution The entire Zambian Constitution is in a way a source of administrative law. It is a limitation on government. It creates various organs of government and prescribes what they may or may not do and how they can do what they are empowered to do. For instance, Article 30 of the Constitution confers power upon the President to declare, after consultations with Cabinet, that a state of public emergency exists in Zambia. The said provision puts a limitation on the exercise of this power by the President. The President can declare a state of emergency only after he has consulted with Cabinet. Failure to do so may render such a declaration null and void. Whether or not there has been compliance with the provisions of the constitution or whether the power has been exercised for the intended purposes is the concern of administrative law. Statutes Very often statutes, which create public institutions, prescribe their powers and how they are to be exercised. It is the concern of administrative law to ensure that such powers are used for the realisation of the policy objectives on which in the statute is founded and not any other goals. Common Law The common law is creation of the courts. Following the concept of staredecisis, courts will decide a case today in the same way they decided in other cases in the past if comparable factual situations are involves. There is therefore a huge volume of guidelines on how the courts will decide a given case and this collection of clues is called common law. Common law prevails on a point of law so long as there is no statute, regulation, or constitutional provision, which contradicts it. Judicial interpretations of statutes, regulations, and constitutional provisions are part of the common law. Much of the administrative law principles are in the form of common law. Formal laws do not regulate every aspect of administrative authority. For instance, the idea that no one should be punished unheard is law, which has been embraced by the courts as one of the common law principles. 4 Much of what is administrative based on the constitution is in fact common law. The Constitution is brief and at times vague. It is therefore, interpreted by the courts. It is in sense good that the Constitution is sometimes vague. This enables the each generation to interpreter it to accommodate social, political and other changes Administrative Instruments Some of the instruments with the force of law, which regulate public institutions, are made by the institutions themselves. This kind of law is imposed on the institutions by the public institutions themselves. It is often in response to public pressure and public expectations exerted in different ways throughout the political process. For instance, the Industrial and Labour Relations Act has created the Industrial Relations Court. In order to ensure that people have access to the Court and receive fair hearing the Court has set its own rules, binding on itself and parties to the dispute, who have moved the Court. The rules, which the public institutions impose upon themselves, are often found in the same statute along with other rules and regulations made by the institutions. For instance, in 1996, the President issued a directive that housing units owned by the government and local authorities be sold to sitting tenants. A circular to that effect was issued by Cabinet govern this exercise. Any dispute in this regard has been resolved by referring to this circular. As for the units owned by local authorities, the Ministry of Local Government and Housing issued a similar circular. The first phase began from the moment British influence was established in the territory, which became known as Northern Rhodesia. The second phase, began long after the first phase had been properly grounded, focuses on judicial review; and the dominant part of judicial review is constitutional and statutory interpretation. Whereas other Western countries have already gone through the third phase, which focuses on procedures for formal adjudication and formal rule making, Zambia is just embarking on this phase. 9The value of such an approach is ably illustrated by Gordon R. Woodman, â€Å"Constitutions in a World of Powerful Semi-Autonomous Social Fields†, Third World Legal Studies – 1989, 120. He observes at pp. 2-3. : Although the skills of a lawyer are useful in the study of non-state laws, an adequate appreciation requires some revision of the traditional approach of students of state law. It is necessary to discard the concepts and axioms induced by the tendency o f state laws to deny the legitimacy of other laws†¦. An effective state constitutional order takes account of the social realities which affect its objects and functioning. In Africa, where the relative unimportance of state law is at least as marked as anywhere else, other social orderings cannot realistically be overlooked. 39 The Development of Administrative Structures Zambia is a product of greed and conquest by the powerful, and of the weak seeking a haven for peace and security. The dispersal from the north, which involved the Lozi, Bemba, Lunda and other tribes, was largely precipitated by smaller chieftaincies seeking independence. However, the migration of the Ngoni and the Kololo from the south was for the search of a sanctuary. The coming of Europeans brought another dimension to the history of Territory. Their conquest of the Territory was for economic reasons: to find raw materials to keep the wheels of the factories in Europe turning and good land to settle the landless people of Europe. The realisation of the economic objective was possible only if both internal and external threats to British presence in the area were taken care of. The internal threats were addressed through the power of the pen, like in the case of the Litunga of Barotseland, and through the power of the sword as against the Ngoni. The motivating force was the greed of the private entrepreneurs. The role of the Imperial Government was merely that of protecting the interests of its citizens when threatened by another imperial power or forces within the Territory. The history of Northern Rhodesia is also a history of two competing cultures, one claiming superiority over the other. The Europeans came with new ideas about social formations. All the existing tribal groupings were broken down and made part of one heterogeneous society curved out of the entire continent without regard to history, customs and origins. The impact of Western colonial rule is still indelibly imprinted in Zambia decades after independence. As Europeans moved into the non-Western world, north of the Zambezi, as traders, merchants, missionaries and adventurers, they carried with them expectations that all societies should be properly organised as states possessing attributes of sovereignty and adhering to rule of law. 0 This was not the case in the area, which became known as Northern Rhodesia. After the establishment of settlements, Europeans insisted that human relations, and more particularly the management of disputes, should fall under explicit and universally based laws. 21 To make life much more amiable 20Lucian W. Pye, â€Å"Law and the Dilemma of Stability and Change in the Modernization Process,† Vanderbilt Law Review 17 (1963), 24-25. 21Ibid. 40 they started building the state structures. The administrative structures, which emerged, made up the constitutional structures for the Territory. 2 The Making of Northern Rhodesia As a geographical unit, Zambia was created through the initiative of Britain during the partition of Africa. Following the examples of other European powers at the time in staking claims to large territories in the Africa, Britain was keen to extend sovereignty north of South Africa. Little effort was necessary to persuade the Crown to grant John Cecil Rhodes, at his request, a Charter incorporating the British South Africa Company, which was to pursue British interests in the area. This Charter was granted in 1889. The Charter empowered the Company to acquire territories through concessions, agreements and treaties by or with indigenous rulers and administer it – without any financial assistance from the British Government. The Company’s field of operation was defined to be the territory north of the Crown colony of British Bechuanaland and of the Transvaal and west of the Portuguese possessions in East Africa. Rhodes sent agents to conclude treaties with local rulers. Through such treaties and conquests of the more militant tribes, Rhodes effectively asserted his, and ultimately British presence. It now remained for Britain to secure the agreements of other European powers in accordance with the terms of the Berlin conference of 1884 – 1885. This was done through a series of treaties, which collectively determined the present border of Zambia. The name â€Å"Rhodesia† was first used to refer to the territories (obtained by Rhodes) in 1895. It was officially approved in 1897, by the British Government. In 1895, due to its vastness the territory was, administratively, divided by the BSA Company into two: North-Western Rhodesia and North-Eastern Rhodesia. Both of them were being administered by the Company under the supervision of the British High Commissioners in South Africa and Nysaland respectively. At the time, a few outposts of administration were being established in the sparsely populated territories. In 1899 and 1900, two very important Orders in council were promulgated. The Orders, the Barotse North-Western Rhodesia Order in council and the North-Eastern Rhodesia Order in council, clarified the provisions relating to 22See H. F. Morris and J. S. Read, â€Å"Indirect Rule and the Search for justice†, (1972), 287, quoted n Filip Reyjents, â€Å"Authoritarianism in Francophone Africa from the Colonial to the Post Colonial State†, Third World legal Studies – 1988, p. 59. 41 the administration of the two territories to which they referred and also established the territories as â€Å"colonial protectorates†. Under the North-Eastern Rhodesia Order in Council, 1900 North Eastern Rhodesia was to be admin istered by an ‘administrator’, appointed by the Company with the approval of the Secretary of State for Colonies. The administrator was empowered to make regulations for the administration of justice, the raising of revenue and generally for â€Å"†¦ he peace order and good government†. These regulations had to be approved by Her Majesty’s Commissioner for the British Central African Protectorate (Nyasaland now Malawi) and could be disallowed by the Secretary of State. The Commissioner himself could initiate legislation termed â€Å"Queen’s Regulations†. Under the North-Western Rhodesia Order in Council, 1899, the British Government retained firmer control in North-Western Rhodesia through the High Commissioner in South Africa because of the unresolved issue of the western border of the territory with the Portuguese territory of Angola. The issue was not resolved until 1905. The High Commissioner had the power to legislate by proclamation. The Company had administrative powers, which were exercise through an administrator. Developments in the two areas indicated that they would best be administered as one territory. In 1911, Barotse North-Western Rhodesia and North-Eastern Rhodesia were merged to form Northern Rhodesia. The Company retained its administrative authority in the new territory. It was empowered to appoint an administrator for the territory, subject to the approval of the Secretary of State. The legislative authority, which was to be exercised by proclamations, remained in the High Commissioner in South Africa. This arrangements prevailed until 1924 when company rule was terminated. Administration of Justice (a) Developments Under Company Rule: The major concern of the settlers was to establish structures for the settlement of disputes. Amongst the first institutions to be established in the territory were the courts. The major task of the Company was to establish the basic instruments of government administration. The judicial functions of the government were undeveloped. Nonetheless, the legislative framework for the establishment of courts was already in existence. The Africa Order in Council of 1889, provided that every person holding Her Majesty’s Commission as a Consul-General should, if so authorised by the Secretary of State, form a consular court. This Order in Council even provided a code for criminal and civil procedure. In the event, it was not found 42 necessary to establish any consular courts as reliance was placed upon the second method of establishing courts: the Charter of the British South Africa Company itself. One of the fundamental principles which was to be respected in the administration of justice was the need to differentiate between the indigenous people and the immigrants. Section 14 of the Charter directed the Company to have â€Å"careful regard† to the laws and customs of the local tribes. Thus, the courts which were established were limited in their jurisdictions to give effect to this principle. Between 1899 and 1909, two hierarchies of courts were established in Barotse North-Western Rhodesia and North-Eastern Rhodesia. Each consisted of a High Court, Magistrates’ courts, the Administrator’s Court and Native Commissioners Courts. The High Courts were courts of unlimited jurisdiction and administered English law and local enactment, except in civil cases between Africans, when they were required to administer African customary law. The Administrators’ Courts also had similar jurisdiction as the High Court. They were introduced to enable the Administrators of the territories to have a role in the administration of justice. The Magistrates’ Courts were courts of first instance with limited jurisdiction. They were mainly concerned with adjudicating over disputes between white settlers and with administering criminal law. The law administered in these courts was English law. The Native Commissioners’ courts were established in order to administer African customary law between natives. All the judges and the members of the other courts were nominated by the Company but appointed by the British High Commissioner in South Africa. They were amenable to dismissal as well. Although existing African traditional courts were not officially recognised, some limited protection was extended to customary law. First by the Barotse North-Western Rhodesia Order 1899 and later by the North-Eastern Rhodesia Order 1900, which for the first time invoked the repugnancy clause. This clause provided that customary law be to be administered so far it was not â€Å"repugnant to natural justice or morality† or to any statutory law. Two systems of courts were established in each of the two territories by 1909. One system administered English law and statutory law between Europeans in civil cases. It also administered English penal law for all the inhabitants of the territory. The other system administered African customary law in civil cases between Africans. In 1911, when it was decided to combine North-Western Rhodesia and NorthEastern Rhodesia into a single country, it also became necessary to re-organise 3 the judicial system. However, as there also existed two well-established judicial systems, few changes were necessary beyond merging the two systems into one. There emerged a High Court of unlimited original and appellate jurisdiction, magistrates’ courts and native commissioners’ courts. The Administrator’s court was abolished. High Court judges were henceforth appointed by the Secretary of State in Britain. The officers in lower courts were appointed by the Company. Between 1911 and 1924, only minor changes effected to the judicial system and none of these affected the judicial system or its basic structure. b) Developments During Direct British Administration: During the early part of the 1920’s it became apparent, Northern Rhodesia was becoming too costly and complicated a territory to be administered by a company. In 1924, the company relinquished its powers in favour of direct British rule. The 1911 Northern Rhodesia Order was revoked and in its place was promulgated the Northern Rhodesia Order in Council, 1924 and the Northern Rhodesia (Legislative Council) Order in Council, 1924, and the Royal Instructions to the Governor of 1924. These three documents together constituted the basic constitutional instruments of Northern Rhodesia. The Northern Rhodesia Order established the office of Governor, to represent the Crown. He was assisted by an executive council, the members of which were appointed by the Crown and served at his pleasure. In accordance with the â€Å"colonial protectorate† status of the territory, constituent power remained in the Crown and was exercised through Orders in Council made under the Foreign Jurisdictions Acts of 1890 and 1913. However, for the purpose of enacting laws to facilitate the administration of the country, a legislative council, dominated by (appointed) officials, was established. This council exercised its legislative power through the enactment of ordinances. The change from company rule to direct British rule did not necessitate radical changes to the judicial system. The changes made merely reflected change-over to colonial rule. The power to determine the number of judges and magistrates in the country and to appoint them subject, in the case of judges, to such instructions as the Crown might give was vested in the Governor. There were also provisions permitting appeals from the High Court to the Privy Council. In 1938, it was decided to establish a court of appeal for the three British colonies in central Africa, comparable to the East African Court of Appeal and Court of Appeal for West Africa. This Court was called the Court of Appeal 44 for Rhodesia and Nyasaland. The court was established under Ordinance No. 35 of 1938. It became the highest court for the three territories in criminal cases but provisions were included for further appeals to the Privy Council in civil cases. Meanwhile, the important issue of how best to administer the affairs of Africans was receiving much attention. It was decided soon after the assumption of direct British administration to extend the famous principles of indirect rule, to the territory. This principle, which had already been applied in other British colonies, entailed the use of existing African institutions to effect colonial rule, thereby minimizing both the antagonism of the people and expenditure. Indirect rule was implemented in Northern Rhodesia by establishing native authorities and recognising native courts. Native authorities were established in all areas of the territory nd were vested with minimal local government powers such as taxation and policing. Native courts were first recognised by statute in 1929, with the enactment of the Native Courts Ordinance. Under this ordinance, the Governor was empowered to constitute any â€Å"chief, headman, elder or council of elders† in any area into a native court. This did not, however, prevent the exercise of judicial powers by those who already did so in their own com munities. The Native Courts established under this Ordinance were separate from the rest of the judiciary: the High Court and the magistrates’ courts. No appeals lay from the Native Courts to the Magistrates’ Court or to the High Court. Nevertheless, there were already in existence some Native Commissioner’s Courts. These assumed the role of appellate courts in relation to the Native Courts. Native courts were only empowered to administer customary law and to adjudicate over civil cases in which the parties included Africans. In 1936, it was deemed necessary to clarify the status and jurisdictional limitation of native courts. This was done by the enactment of the Native Courts Ordinance 1936 and the Barotse Native Courts Ordinance 1936. Apart from these changes, which enabled the Government to establish a number of native courts covering the whole territory, this system of administering justice remained in force until 1966. (c) Developments During the Federation of Rhodesia and Nysaland: Even before the Second World War, two issues were to dominate Northern Rhodesian politics and determine its constitutional development: the demand by African nationalists for majority rule and/or self-determination and the campaign by white settlers for closer association or amalgamation with 45 Southern Rhodesia. As early as 1929, the Hilton Young Commission advised that: In the present state of communications the main interests of Nyasaland and Northern Rhodesia, economic and political, lie not in association with the eastern African territories, but rather with the self-governing colony of Southern Rhodesia. In 1938, the Bledisloe Commission was appointed to â€Å"explore the feasibility of closer association between the two Rhodesias and Nyasaland. † The Commission also endorsed the idea of closer association between the three territories, but did not recommend immediate steps in that irection. Nonetheless, consultations continued between white politicians in Northern Rhodesia and Southern Rhodesia and the British Government. Finally, at a conference held at Victoria Falls, in Northern Rhodesia, in 1951, a firm decision was arrived at recommending to the British Government the establishment of a federation in Central Africa. This recommendation was accepted. The Federation of Rhodes ia and Nyasaland Act, enacted by the British Parliament in 1953, authorised the Queen to establish such a federation. In the same year, the Federation of Rhodesia and Nyasaland (Constitution) Order in Council joined the three territories to form the Federation of Rhodesia and Nyasaland. Under the federal scheme, the three territories retained their respective statuses: Northern Rhodesia and Nyasaland remained protectorates, while Southern Rhodesia remained a colony. The Constitution provided for the office of a Governor-General, appointed by the Crown. He was the personal representative of the Crown. The Constitution also established a federal legislature of thirty-five members. This body had legislative power over certain matters exclusive of the territorial legislatures (the federal legislative list) and powers to legislate over other matters concurrently with the territorial legislatures. The establishment of the Federation had one important effect upon the judicial system of Zambia. The Federal Constitution established a Federal Supreme Court. The Court consisted of the Chief Justice, appointed by the Governor-General and between two and six judges, who were to include the Chief Justices of the three territories. Under Article 53 of the Constitution, the Supreme Court had exclusive jurisdiction over matters relating to the interpretation of the Constitution and matters in which the Federal Government was a party. The Supreme Court also had appellate jurisdiction from the High Courts of the three territories. Article 61 provided for appeals from the Supreme Court to the Judicial Committee of the Privy Council. 46 The idea of establishing the Federation of Rhodesia and Nyasaland was not supported by all the sectors of the population. The Africans of Northern Rhodesia, in particular, had vehemently opposed any form of association with Southern Rhodesia. Instead, they had campaigned for reforms to the electoral law to introduce universal adult suffrage. As African political parties were formed Africans began to demand self-government and independence from British rule. The decade 1953 to 1963 was volatile in Northern Rhodesia. The many factors of that era culminated in a general election, based on â€Å"one man one vote†, in 1962, which was won by the United National Independence Party, led by Kenneth Kaunda. He formed a coalition government with the African National Congress in 1963. The Federation was dissolved in that year. In 1964, under yet another constitution, fresh elections were held which were won outright by the United National Independence Party. This Party formed the first Government when Northern Rhodesia was granted independence in October 1964. (d) Developments After Independence: The new constitution provided for a popularly elected executive President who was also the Head of State. It also provided for a Vice-President and a cabinet appointed from among the members of the National Assembly. The legislative power was vested in a Parliament consisting of the President and single chamber National Assembly. The Assembly consisted of seventy-five elected members, not more than five nominated members nominated by the President and a Speaker. The legislative power was exercised through Bills passed by the National Assembly and assented to by the President. Enactments were termed â€Å"Acts of Parliament†. Quite expectedly, independence brought about some changes in the judicial system of Zambia. The dissolution of the Federation of Rhodesia and Nyasaland ended the Federal Supreme Court. Within Zambia, the January 1964 Constitution established a Court of Appeal with unlimited appellate jurisdiction. The Independence Constitution also provided for a Court of Appeal consisting the Chief Justice, one Justice of Appeal and other puisne judges. The Constitution also empowered the President to declare that the Judicial Committee of the Privy Council should be an appeal court for the Republic. The President never exercised this power and the provision was not repeated in the 1973 Constitution. The Independence Constitution created a Judicial Service Commission under the chairmanship of the Chief Justice. The Constitution conferred advisory and executive functions over appointments to judicial offices upon the 7 commission. The provisions relating to the Judicial Service Commission were substantially retained under the 1973 constitution. The subordinate courts were retained by and large in their old form even after independence. Various aspects of the Subordinate Courts had undergone changes since the enactment of the Subordinate Courts Act in 1934. The changes related mostly to jurisdi ction and other related matters, and did not affect the basic structure and status of these courts. After 1964, the notable change was in the manner of appointing magistrates. They were to be appointed by the Judicial Service Commission. Some radical changes were made at the level of the Native Courts. The general feeling at the time was that Native Courts had to be integrated in the judiciary. The first step came in the form of provision that appointments of the Native Courts’ presiding justices were henceforth to be made by the Judicial Service Commission. Meanwhile, initiatives were underway for the enactment of a new statute to provide for Native Courts. The Local Courts Act was enacted in 1966. It repealed the Native Courts Ordinance and the Barotse Native Courts Ordinance. It constituted Local Courts in place of Native Courts. It provided for appeals from Local Courts to Magistrates’ Courts. The 1966 Local Courts Act was aimed at integrating the Local Courts into the judiciary to produce one hierarchy of courts instead of two. The introduction of the one-party system did not bring about major changes in the judicial system of Zambia. It did, however, bring about one important change. The Court of Appeal was abolished and in its place, a Supreme Court was established. Very little has changed in the judiciary even after the introduction of the Constitution of 1991. The same is true even after the enactment of the Constitution amendment Act No. 18 of 1996. Before concluding this part, it is important to summarise the judicial system in place today. The Supreme Court of Zambia, established under Article 91 of the Constitution is the highest court in the country. It is a court of unlimited appellate jurisdiction. It consists of the Chief Justice, the Deputy Chief Justice and seven appeal judges or such greater number as may be prescribed in an Act of Parliament. The High Court of Zambia is the second highest court. It is a court of unlimited original and appellate jurisdiction, except for matters specifically reserved for the Industrial and Labour Relations Court and has original jurisdiction over all civil and criminal matters. The High Court consists of the Chief Justice (ex-officio) and such number of puisne judges as may be determined in an Act of Parliament. The High Court also has supervisory powers over all proceedings in all the courts subordinate to it. 48 The Constitutional Amendment Act No. 18 of 1996 has introduced an interesting development in the number of courts for the Republic. The Industrial Relations, which was from its inception a tribunal is now, became part of the Judicature of Zambia. The real benefits of this change are hard to see, but the most immediate problem has been confusion between the powers of the High Court and that of the Industrial Relations. Furthermore, whereas the role of the Industrial Relations Court is to do substantial justice, there is a steady departure from this guiding principle. The Industrial Relations Court has become more and more legalistic in its determination of cases although, as an institution, is it ill-equipped for this role. Cases are determined not on the basis of the facts of the case or in order to do substantial justice, but because there are legal precedents to that effect especially those from the Supreme Court. The other courts down the hierarchy are the subordinate courts. These are provided for under the Subordinate Courts Act. They are presided over by magistrates. Both the courts and the magistrates are divided into classes, and the relationship of the various classes of magistrates to the various classes of subordinate courts is clearly stated by Section 3 of the Act. There shall be and are hereby constituted courts subordinate to the High Court in each district as follows: (i) A Subordinate Court of the first class to be presided over by a Senior Resident magistrate, Resident Magistrate or a magistrate of the first class; (ii) a Subordinate Court of the second class to be presided over by a magistrate of the second class; (iii)a Subordinate Court of the third class to be presided over by a magistrate of the third class. The jurisdiction of each subordinate court is limited both territorially and substantively on a graduating scale depending on the class of the court and the magistrate. Subordinate courts also have appellate jurisdiction to hear appeals from local courts. Finally, at the bottom of the hierarchy of courts are the Local Courts, established under the Local Courts Act 1966. They are presided over by Local Court presidents. Their jurisdiction is limited both territorially and in terms of the substantive law. With regard to the latter, the statute provides that they may only administer African customary law and such other statutory laws as may be explicitly extended to them.

My Daughter Azul Essay

I’m not speaking about the blue color, even though â€Å"azul† means blue, this time I talking about my daughter, my little piece of blue sky named Azul. I have a wonderful family; we are all Mexican, my husband, Jose; my little men, Pepito; and my beautiful daughter, Azul. I’m proud of my daughter because she is a brilliant student, a very happy girl, and a great sister. Azul is well known in her school for being a wonderful learner. She won â€Å"Student of the Month† twice last year, this might sound like â€Å"Is not a big deal†, but consider that last year, while we were living in Mexico, she didn ´t know a word about English and now she is earning all kind of awards in a language that is not her mother tongue. Her teacher says that she works in class as a bee. She gets up really early to get ready for school, sometimes she asks me to go to wait for the bus twenty minutes before the bus arrives, she really enjoys going to school. My daughter is a very joyful girl, she sings and dances all the time, every afternoon she steps in front of the TV and looks at music videos to dance and sing with her friends, they look at her like a rock star and all laugh between songs and dancing moves. Is amazing how she makes fun of nothing at all; she’s as happy as the day is long. These good qualities are not even the half when you compare them to her value as a sister. She takes care of Pepito whenever I ask her to do it. She comforts and huge to him when she sees him crying. She could spend all day playing, running, and having fun with him. All these things might sound like the kind of things that any older sister does with her younger brother, but what I really think that makes a real difference is the fact that Azul knows how hard it can be when you arrive to any place and you don’t understand anything about they are saying, that’s why she really cares about teaching to her baby brother with love to speak in both languages, English and Spanish. That’s why I’m really happy and proud of my daughter and I know that she will have a brilliant future in many ways. I wish she always be happy and her smile remains forever.

A Loan Versus A Sale

Loan and sale The example of fraudulent transaction between Enron and Merill Lynch Bank proved to be a good example of how to use a loan for promotion. In fact, they are not sold technically. In 2004, following the Nigerian barge deal, Enron sold a power generation barge to Merrill Lynch. Company executives recorded a huge sale, which turned out to be a loan rather than a sale, and since the Enron was not actually acquired from the transaction, the US Securities and Exchange Commission conducted a survey in 2004. * Inappropriate reduction of cost or market (LCM) valuation of loans intended for sale: general industry practice of LCM assessment of loans intended for sale is group-by-category lending-run or grouping and monitoring bad loans. With this approach, the mortgage company can properly perform the valuation and monitor the performance of the loan. However, as New Century Financial Corporation organized the two types of performance loans and bad debts into one group, the new cen tury loans held for sale were overvalued and did not make it, so there would be a difference in actual net income . In 2010, Colorado Province undertakes a new loan, with payment date loan reduction, loan cost reduction, six months extension of minimum loan period, ban on sale of incidental products, proportional invoice reimbursement Reduced motivation. According to the responsible loan center, the first minute has been repaid Market lenders constitute a specific subset of private credits and have received a lot of attention recently - the clear feature of this type of lender is that they are offering a selling loan through the online platform . These platforms attract interested borrowers, provide underwriting, set the price of the loan based on the perceived risk level (set the interest rate) and transfer the entire loan to one or more investors throughout the market I will sell it. Rental clubs are typical examples of peer-to-peer (P2P) loans and alternate loans / market loans. Prosperity is very similar and competitive market. Though they all focus on consumer debt, SoFi Common Bond is focusing on student debt, although other people like Ondeck Kabbage focus on SME debt. A Loan Versus A Sale Loan and sale The example of fraudulent transaction between Enron and Merill Lynch Bank proved to be a good example of how to use a loan for promotion. In fact, they are not sold technically. In 2004, following the Nigerian barge deal, Enron sold a power generation barge to Merrill Lynch. Company executives recorded a huge sale, which turned out to be a loan rather than a sale, and since the Enron was not actually acquired from the transaction, the US Securities and Exchange Commission conducted a survey in 2004. * Inappropriate reduction of cost or market (LCM) valuation of loans intended for sale: general industry practice of LCM assessment of loans intended for sale is group-by-category lending-run or grouping and monitoring bad loans. With this approach, the mortgage company can properly perform the valuation and monitor the performance of the loan. However, as New Century Financial Corporation organized the two types of performance loans and bad debts into one group, the new cen tury loans held for sale were overvalued and did not make it, so there would be a difference in actual net income . In 2010, Colorado Province undertakes a new loan, with payment date loan reduction, loan cost reduction, six months extension of minimum loan period, ban on sale of incidental products, proportional invoice reimbursement Reduced motivation. According to the responsible loan center, the first minute has been repaid Market lenders constitute a specific subset of private credits and have received a lot of attention recently - the clear feature of this type of lender is that they are offering a selling loan through the online platform . These platforms attract interested borrowers, provide underwriting, set the price of the loan based on the perceived risk level (set the interest rate) and transfer the entire loan to one or more investors throughout the market I will sell it. Rental clubs are typical examples of peer-to-peer (P2P) loans and alternate loans / market loans. Prosperity is very similar and competitive market. Though they all focus on consumer debt, SoFi Common Bond is focusing on student debt, although other people like Ondeck Kabbage focus on SME debt.

FAS 202Discussion 7 Essay Example | Topics and Well Written Essays - 250 words

FAS 202Discussion 7 - Essay Example Renaissance architecture was first practiced in Florence in Italy by Filippo Brunellesch (Dickerson, 2013). This underlying apportion of my introduction in regard to paper analysis. I chose Baroque artwork is closely related to the baroque cultural movement with the Absolutism. Absolutism is normally a renowned Counter Reformation and the underlying Catholic Revival. Moreover, it possesses vital era ideas of empire, iconography and compositions movement that took place in the eighteenth century, and characterized by massive performance that is rich in deep color and corresponding deep light coupled with the dark shadows. These features are mainly utilized to depict the duration prior to the event. The second piece of Renaissance era in regard to architecture by Filippo Brunellesch occurred in 15th century extending to early 17th century in Europe. It mainly defines the conscious revival and advancement of particular elements pertaining to ancient Greek and Roman and the corresponding material culture. Moreover, it also depicts the transition from Gothic architecture that was mainly succeeded by the Baroque architecture Renaissance architecture (Dickerson, 2013). The artwork also employ Classical art of the Roman and Greek art, which depicts modern style such as painting, scripture and architecture after the development of

Quality in Healthcare 13 Assignment Example | Topics and Well Written Essays - 250 words

Quality in Healthcare 13 - Assignment Example In addition, telehealth and other technologies in the healthcare would help to enhance efficiency and productivity among health workers. For example, through telehealth and telemedicine, the University of New Mexico Health Sciences Centre has been able to address the healthcare needs of the rural population (Cunningham, 2013). Although it is a gaining popularity in the United States, telehealth faces significant challenges on matters such as privacy, security, lack of trained personnel and poor reimbursement. One of the key ingredients in enhancing the adoption of such technologies is the use of incentives. In a background paper by Adil Moiduddin and Daniel Gaylin (2007), the authors note that health centers that have adopted such technologies successfully have benefited from incentives such as technical assistance from the federal government, financing of innovation programs and providing loans to health centers among other incentives. It is also encouraging to note that a number of telehealth legislation have been passed in various states to help in the adoption of these technologies. In addition, a number of bills have been passed and proposed at the federal level, for example, Telehealth Enhancement Act of 2013 (Sprague, 2014). In conclusion, there is need for further funding from the federal governme nt and policy reforms to help speed up the adoption of telehealth across healthcare centers in the US. Cunningham, R (October 22, 2013). Health Workforce Needs: Projections Complicated by Practice and Technology Changes. National Health Policy Forum (Issue Brief No.851). The George Washington University, Washington DC Moiduddin, A & Gaylin, D (2007).Health Information TechnologyAdoption Among Health Centers: A Digital Divide in the Making? National Health Policy Forum. Background Paper. The George Washington University, Washington

Compare and contrast three stories from three different cultures Essay

Compare and contrast three stories from three different cultures - Essay Example The essay will juxtapose these stories and discuss their differences and similarities between these three stories according to cultural standards and human psychology. The Greek myth that relates the conception of Helen is perhaps the most intriguing as it involves not only an obscene case bestiality, but also the conception of a demigod after that encounter. The legend of Helen of Troy is most popular because of its Hollywood depiction and the many mystical events surrounding the event. Helen was the most beautiful women that made men go to war for her but she was also the product of an odd love affair between her mother Leda and the Greek god of Thunder and the father of gods, Zeus. There are many myths and legends in which Zeus was known for ravishing young women and producing many offspring that grow up to become godly or heroic figures in their mythology. However, in this particular tradition, Zeus transforms himself in to a swan to have intercourse with Leda, who in turn lays t wo eggs and gives birth to a daughter named Helen and a son named, Polydeuces. There are many alternating versions of the story and this is why, it is not known whether Leda was actually seduced or raped by Zeus. Moreover, at the same time Leda was known to have given birth to two of her other children after sleeping with her husband, Tyndareus. (Cavendish 2005, 811) The second myth narrate the story of Osiris and Isis, the former was deceived and killed by his jealous whereas the latter, who was the sister and wife of Osiris and also the patroness of nature and magic. After her husband was tricked and murdered by Seth, his body was dismembered in to 14 pieces and scattered throughout the land of Egypt. Isis with the help of her sister and Seth’s wife, Nephthys located all 13 parts of his body; which also represent one of the 14 full moons in one year. The last part was devoured by a fish that is Isis had to create a phallus made of gold and then brought Osiris back to life b y singing to him. As a result, Osiris became the lord of the underworld and together they created Horus, who went on to defeat Seth and reclaim the kingdom of Egypt. As Osiris was murdered out of jealous, the night signified the darkness that is associated with such a heinous trait and crime. However, the moon that becomes the only source of light became associated with the resurrected Osiris and the righteous ones who died were exalted to the status of a star that brightened up an otherwise dark sky. (Pugliano-Martin 2011, 22) On the other hand, the primary plot revolving around the one thousand and one Arabian nights is the story of a Persian King, who is betrayed by his wife and upon seeing his brother’s wife’s infidelity; he convinces himself that all women are evil. He not only has his wife and his brother’s wife executed but each day he marries a maiden and then the very next day he has them executed. The king’s grand Vizier became increasingly worr ied at the King’s madness but stayed mum until her daughter Scheherazade volunteers to become the next bride. Although he is reluctant at first but quickly places his faith in his daughter, who assures him that she would put an end to the massacre. On their wedding night she begins to tell her husband, the king a story but does not tell him the end as it dawn, her scheduled time to be executed. The king is fascinated by

Cyberlaw Essay Example | Topics and Well Written Essays - 500 words

Cyberlaw - Essay Example The inventors have to wait for a long time before they can implement their business goals. Besides, such a backlog results in denial of inventors rights of timely and rigorous processing. As each examiner has more files to handle, they have to take less time processing the patents, which will considerably compromise the extensiveness of their applications (Craig, 2013). On this ground, there is a need for the government to focus on the backlog problem to ensure that it does not de-motivate or kill innovation among upcoming investors. In the emergence of the backlog problem, a number of proposals have been put forward as possible solutions to the problem. Some individuals have come up with the idea that the government should increase its budgetary allocation for USPTO to help them meet the demands for patent examination. While this approach may help to equip the office with more staffs to reduce the backlog, it would impose the burden on the federal government. Another group suggests that the filing fee should be increased to help the office increase its capacity to handle the ever increasing files. However, the weakness with this approach is that it would impose the burden on the inventors, which the government has avoided in its incentive to encourage investment (Craig, 2013). On this ground, it would be crucial for USPTO to consider the most cost-efficient procedures to streamline the patent examination process. To do this, the organization needs to invest in efficient IT infrastructure that will ensure quick and efficient processing of patent files. Besides, training of the IT office staff would be crucial in ensuring that they have higher work output and hence no delay in file processing. Reducing the backlog would be a milestone in improving the patent application files. In the recent past, issues of patent infringement have become popular within the public domain as marked by increased court

Self-esteem in adolescence Term Paper Example | Topics and Well Written Essays - 1000 words

Self-esteem in adolescence - Term Paper Example and saddle-bag hips, adolescents today, essentially those belonging to affluent families, are coming to view cosmetic surgery as a normal rite of passage. Nearly every body part is open for improvement. People seek these types of procedures because they are not happy with their appearance. They feel something is wrong. They want to look better. Better, in most cases, means a European or Western ideal of beauty. In most cases, a freshly chiseled nose, and newly minted breasts are often a teen’s ticket to improved self-esteem. (Cash, 2002) Store shelves groan under the weight of whitening products, makeup, and other personal hygiene items designed to enhance or restore beauty. No one has ever thought twice about using makeup, dyeing her gray hair, using products out of a tube, or wearing a wonderbra. Cosmetic surgery, today, is just an extension of that, and it is not uncommon and unheard of, as it was just a mere decade ago. Self esteem or self-awareness is a vital part of an individual’s upbringing and his or her ever-changing life. One should make all out efforts to understand his or her own self as well as study the strengths and weaknesses that he or she has to offer to the career that they are employed in or the work they are motivated towards for the sake of accomplishment and that too with success and flying colors. Indeed self-awareness plays a huge role in building the much needed confidence that an adolescent looks to don upon himself in any field of life, be it in sports ground or in a cabin of an office. (Billups, 1999) One has to continuously learn and ponder through the thick and thins of life and adjusts one’s own self accordingly so as to understand his or her limitations with respect to those very changes and phases of life. Self-awareness is a unique facet of an adolescent’s life and must therefore be considered whenever some major action is being undertaken in lif e, or for that matter even a minor one. Adolescents need to understand

A critical analysis of marketing strategy in the UK financial services Essay

A critical analysis of marketing strategy in the UK financial services sector. An empirical study - Essay Example According to Lazer (1971:209), â€Å"Given good intelligence, executives should eventually be able to scan markets, call for additional information through consoles, assess marketing alternatives more adequately, and adjust to dynamic market condition more readily†. It then requires that marketing strategies are structured to come abreast with the vicissitude of the time, for it to be successful and effective. THE United Kingdom financial services sector have in recent times adopted marketing strategies that are aligned with the information technology driven age. The conducting of business are embarked through e-marketing and to a great extent the UK financial institutions have adopted strategic alliance as an option of jointly pulling of their resources with organizations that share the same business orientation and prospects with them. â€Å"Markets face daunting challenges in an increasingly complex markets place. Market research information technologies have provided new tools to guide marketing resource allocation, but these technologies have added complexity to the marketer’s worldview. Compounding the challenge is the range of stakeholders that must be addressed: prospects, customers, shareholders, channels partners, market alliance partners, and vendors† (Cook & Talluri, 2005:244). In recent years the spate of strategic alliance in UK financial institutions are on the increase. According to Gup & Marino (2003), the United Kingdom financial institution recorded 401 alliances in Europe. Almost half of these strategies alliances occurred in 1998 and 1999. As a substitute to outright merger financial institution have prefer strategic alliance. In the same view, Proctor (2000), argues that the 21st century is seeing the development of strategic alliances and networks where firms work together towards shared goals and collaborate in their operations. The financial services sector plays a significant

Mobile Systems Paper Essay Example for Free

Mobile Systems Paper Essay With so many web and mobile applications available today, it is difficult to find a particular one that impacts more individuals and businesses than others. Many applications perform one or two tasks well, but I believe Google Drive is one of those applications that anyone can find useful. Whether you’re a student or a business person, Google Drive can be of use in anyone’s life. Google Drive is unique because it has several different purposes and functions. The first function of Google Drive is its cloud storage. Google Drive itself gives its users 5GB of free space to upload documents, music, pictures, and videos to keep as a backup or to share with others. If needed, storage size can be expanded up to 16TB for a fee. Another feature that is key to Google Drive is it incorporates its Docs application as well as Gmail in it. This allows users to create documents, spreadsheets, presentations, and more that will automatically save right to Google Drive and also give the ability to share it through email.† Other aspects that can be found on Google Drive is that it is available on every modern browser, but alongside that Drive will offer the ability to view up to 30 different file types† (Geek.com,2012). One final way that Google Drive can now be used is on any Android or iOS device. Users can now create, edit and view almost everything the same as they would if they were on their computer using it. Although some of the features of Google Drive are similar to that of other applications, There is no other application that streamlines as many features into one application to make its users as productive and efficient as possible. With the incorporation of Google Docs and Gmail, users can create and share without having to open multiple applications. Another great change that it has brought to users is that it works with practically everything. Drive works on all browsers and all Android and iOS devices, so people can get work done at anytime, anywhere whether it is for school or work. Being a student, I feel this application has lowered school costs due to it being free and the fact that it has cloud storage. Students no longer have to have flash drives at the computer lab, now they can just log into Google Drive and access everything they need. And, with the addition of the mobile versions of Google Drive, last minute edits of papers and  presentations are no longer a reason for a melt down. â€Å"The final benefit Google Drive gives to its consumers is the ability for Gmail to attach up to a 10GB file because of its integration. The attachment is technically a link for the recipient to download, but it enable users to have the luxury of sharing large videos or other data very easy and seamless† (Geek.com,2012). With the exception of a few items, Google Drive contains an abundance of features needed for everyday tasks. One item that Drive is lacking is media streaming. This definitely needs to become a future enhancement so users can stream their music and videos from their drive application on mobile devices. With media streaming enabled, many users would only need to use Google Drive and could un clutter their home screen full of unecessary applications. â€Å"The other enhancement that is directed towards the mobile version only is that users cannot create spreadsheets, forms, or drawings at this time† (LaptopMag.com,2012). I am sure that Google will enable this in future updates, but it does cause some restriction for users for the time being. Mobile technology has become a necessity for students and business persons to stay productive while not in front of their everyday computer. Google Drive is now expanding how mobile devices can be effective by letting users share, store, create, and edit items from anywhere. This allows users more control on how they spend their time instead of being dependent on being in front of a computer. I know as a Google Drive user that it has helped me stay productive by storing all of my school work in their cloud storage. I can work from my phone or on any computer and it all works the same. I believe Google Drives consistency between operating systems and devices is what makes this application so nice. No matter what I am using Google Drive on I can feel comfortable using it. References LaptopMag.com (2012, April 27). Google Drive Review. Retrieved from Laptopmag.com. Geek.com (2012, April 24). Google Drive has arrived, clearly targets businesses. Retrieved from Geek.com. Geek.com (2012, November 27). With Google Drive integration, Gmail now offers 10GB attachments. Retrieved from Geek.com.

What Are Key Success Factors In Business Education Commerce Essay

What Are Key Success Factors In Business Education Commerce Essay Industry Environment: Presently, education industry in US is highly competitive especially due to the health of the economy. Numerous factors affect the brand name and ranking of B-schools, effects of privatization of education industry and globalization of world economy on business education. The shortage of highly qualified professors and the need to introduce soft skills into the curriculum while maintaining the analytical and concept-based courses. Bargaining power of buyers (i.e. students, employers, parents) has tremendously increased2. Students and businesses are looking for more than good rankings; they are looking to learn the most recent attributes or trends of their field. The courses at top MBA schools have been overhauled to reflect the changed business landscape. The old curriculum was geared to the slower measures of the old economy, and content were never updated. Todays MBA students dont want to pay for old-school curriculum but rather something that relates to today s market conditions. Competitors: Traditional universities and colleges that offer graduate business degrees in the area. Distance learning programs and On-line universities (for example Phoenix University) Top ranked Foreign Universities and business management schools (for example London School of Business) Training companies and consulting firms that provide hands-on training to company executives. Corporate learning divisions ( for example Motorola University) Customers: Students and their parents are the primary customers of the services offered by a school. Government sponsored students such as ROTC students. Legislators buying capabilities to increase national competitiveness and general level of education. Businesses that sponsor schools or sponsor their employees for advanced degrees. Employers that come in for campus interviews. Suppliers: Faculty and Staff members are the primary suppliers, as they are ones providing the service to the end user. Equipment and Service suppliers, People/businesses that offer specialized equipments to schools and colleges. Alumni, foundations and Government are also critical suppliers, they provide much needed funding to develop and grow. Complements: Location of Fordham GBA is a big plus; NYC is the worlds financial capital, a marketing and advertisement mecca and the fashion industry heartland of the world. Huge and diverse market of buyers and suppliers Presence of many multinational companies and educational organizations helps students and faculty get more exposure. Key Success Factors: Main success factor is to provide high quality real life knowledge and experience to its students. Providing community service and helping government achieve its target of providing better education and increasing competitiveness in the workforce. Having a good network of employers and alumni who guide students to become successful in their careers. Examine the firm. What are the goals and values of the business school? How is the business school structured? What resources and capabilities does it have? Are there capabilities that it needs to acquire/develop? The goals and values of Fordham are deeply rooted in Fordhams Jesuit tradition. Fordhams ultimate goal is to provide students with the conceptual foundation and technical skills necessary to make sound business decisions in a changing domestic and international business environment. Mission of college of business administration The mission of the College of Business Administration is to develop business professionals who can manage effectively in a range of leadership roles and who are equipped for continuous growth in the changing global environment. Located in New York City, the commercial capital of the world, the College of Business Administration is uniquely positioned to offer students the opportunity to participate in both regional and international economies3. Values Fordham values excellence in teaching and in scholarship in business education. Fordham believes in the freedom of inquiry required by rigorous thinking and the pursuit of the truth. Fordham stresses on developing and cultivating critical thinking and creativity. Fordham wants its students to understand different cultures and ways of life other than their own. Fordham wants to provide a place where students of different religions and background can interact with each other and with contemporary business cultures. Goals Achieve International recognition for academic excellence and unique innovative programs. To provide conceptual foundation and technical skill to its students. Attraction and retention of highly skilled faculty and students. To further develop connections with alumni and the corporate world. Curriculum focusing on building each students Personal Portfolio Structure, Resource Capabilities Fordham structure is currently setup to specifically address the objective of improving student satisfaction involves changing the organization structure of the GBA program. It is presently organized in a decentralized structure, offering flexibility to faculty and students. Each department is independent and enjoys autonomy giving the department head to decide their course structures. However, the faculty might be unaware of things happening in other departments thus reducing synergies among departments. Fordham enjoys the support of world class diversified faculty and staff. The location of campus is a big plus for the business college; it is in the heart of financial capital of World. A strong cohort culture among the students and alumnis creating a network effect for all the stakeholders is one of the important resource and capability. One the other resources students use is the Office of Career management for developing their resume and interview skills and to get hold of contac ts in companies. Various online groups on Facebook and LinkedIn created by Fordham students and alumnis are also beneficial to students and alumnis to interact and further their career. Fordham business school should work on its infrastructure which would help the faculties in providing actual real knowledge of business. Faculty and students should be encouraged to take initiatives that would help the college and overall experience of the students. How can the business school achieve a fit between the industry environment and the firm? What strategic changes would you recommend? Fordham Business School needs to differentiate the experience and not the education: Fordham has the advantage of location, being in Worlds financial capital. In addition to the full-time, part-time and executive MBA, Fordham also offers International Business designation, Fordham also offers a designation in: Entrepreneurship, Electronic Business, Global Sustainability, and Personal Finance Planning (Graduate School of Business). These special designation programs offer an edge to its students over other graduates and companies looking to hire new MBAs give consideration to these specialized programs. Overall the school is doing a good job to compete with its peers in the area and to maintain its brand, however the school management can work on certain areas of improvement. I recommend these strategic changes to Fordham to place itself appropriately in this industry: Flexibility in courses among various departments: Faculty and students should be encouraged to learn and adapt from new industry trends and use the latest high-tech resources to achieve those goals. Conducting research to develop the content of the degrees and skills of Graduates: Student should be encouraged to achieve an overall experience and write research papers, take part in competitions that represent business school. Encouraging alumni networking to build up relationships and to give new opportunities to students, graduates, institutions and companies alike: Business school should devote more funds and time to develop the alumni and employers network. Collaborating with the surrounding community and external partnerships to broaden the scope of the institution: Business school should reach out community members, other business school and other counterpart business schools in the area to develop better course programs. Fordham should host and encourage students to join meetings, clubs and organizations such as NSHMBAA and BHMBAA. Currently only few students are aware of these organizations, more exposure is required to students for overall development. Appendixes Fordham University Toward 2106: Integrated strategic plan, Competitive forces, Michael Porter, February 13th 2008, Fordham University: College of Business administration,

Kurdistan Essay -- essays research papers fc

Kurdistan is a region that has existed in turmoil and is the â€Å"never was† country. The Kurds are the fourth largest ethnic group of the Middle East, numbering between 20 and 25 million. Approximately 15 million live in the regions of Turkey, Iraq, Iran, and Syria, an area they called Kurdistan, yet they do not have a country of their own. Formal attempts to establish such a state were crushed by the larger and more powerful countries in the region after both world wars. When the Ottoman Empire collapsed after World War I, the Kurds were promised their own independent nation under the Treaty of Sevres. In 1923 however, the treaty was broken allowing Turkey to maintain its status and not allowing the Kurdish people to have a nation to call their own. The end of the Gulf war, Iran-Iraq war, the collapse of the Soviet Union, and the end of the cold war has reinvigorated a Kurdish Nationalist movement. The movement is a powder keg ready to explode. With the majority of Kurds living within its boundaries, no country faces this threat more than Turkey. Because of Turkey’s concept of unified, cohesive nationhood-in which the existence of minorities are not acknowledged- these tensions in Turkey are more difficult to handle than else where. In southeastern Turkey, extreme fighting and guerilla tactics are used by the Kurds in support of their political parties. The Turkish military is actively stationed in this area now. There are several political parties that represent the needs of the Kurdish people. They are the Kurdistan’s Workers Party (PKK) who represent the needs of Turkish Kurds and are the most violent terrorist like group, the Kurdish Democratic Party of Iran (KDPI) who is active politically but not militarily, the Kurdistan Democratic Party (KDP) composed of Iraqi Kurds, and the Patriotic Union of Kurdistan (PUK) who is also representing the Iraqi Kurds. The PKK was created in 1974 as a Marxist-Leninist insurgent group primarily composed of Turkish Kurds searching for an independence movement. Its first and only leader, Abdullah Ocalan, or Apo as he came to be called, was at that time a student of political science at Ankara University. From the late 1970s, Ocalan worked closely with both the then Soviet Union and with Syria, whose governments were attempting to generate a political breakdown in Turkey. In 1977, the PKK published a series of "com... ...for years. In 1980, Ocalan actually moved to Syria and used Syrian facilities as well as training grounds in the Bekaa Valley to drill terrorist groups for cross-border attacks against targets in Turkey. Greece, a NATO ally, backs the PKK and its affiliates by every means at its disposal. The PKK is a very malicious and radical group in their search for their independence. They believe that their human rights are being oppressed by The Turkish peoples and that they deserve what land is theirs, no matter the cost. The only forces that stand in their way are Turkey, the PUK, and the KDP. If these organizations fail to stop the PKK, a new nation will be formed in the name of Marxism. And other countries may soon follow, changing what we know as the Middle East. Bibliography http://burn.ucsd.edu/~ats/PKK/pkk5-3.html http://www.fas.org/irp/world/para/pkk.htm http://www.fas.org/irp/world/para/docs/mfa-t-pkk-s.htm http://web.nps.navy.mil/~library/tgp/kurds.htm http://www.turkey.org/apo-pkk/apo1.htm http://www.comebackalive.com/df/dplaces/kurdista/ The Kurdish Nationalist Movement in the 1990’s ; Robert Olsen, editor; The University Press of Kentucky, 1996

Computer Viruses: Infection Vectors, and Feasibility of Complete Protection :: essays research papers fc

Computer Viruses: Infection Vectors, and Feasibility of Complete Protection   Ã‚  Ã‚  Ã‚  Ã‚  A computer virus is a program which, after being loaded into a computer's memory, copies itself with the purpose of spreading to other computers.   Ã‚  Ã‚  Ã‚  Ã‚  Most people, from the corporate level power programmer down to the computer hobbyist, have had either personal experience with a virus or know someone who has. And the rate of infection is rising monthly. This has caused a wide spread interest in viruses and what can be done to protect the data now entrusted to the computer systems throughout the world.   Ã‚  Ã‚  Ã‚  Ã‚  A virus can gain access to a computer system via any one of four vectors: 1. Disk usage: in this case, infected files contained on a diskette (including, on occasion, diskettes supplied by software manufacturers) are loaded, and used in a previously uninfected system thus allowing the virus to spread. 2. Local Area Network: a LAN allows multiple computers to share the same data, and programs. However, this data sharing can allow a virus to spread rapidly to computers that have otherwise been protected from external contamination. 3. Telecommunications: also known as a Wide Area Network, this entails the connection of computer systems to each other via modems, and telephone lines. This is the vector most feared by computer users, with infected files being rapidly passed along the emerging information super-highway, then downloaded from public services and then used, thus infecting the new system. 4. Spontaneous Generation: this last vector is at the same time the least thought of and the least likely. However, because virus programs tend to be small, the possibility exists that the code necessary for a self-replicating program could be randomly generated and executed in the normal operation of any computer system.   Ã‚  Ã‚  Ã‚  Ã‚  Even disregarding the fourth infection vector, it can be seen that the only way to completely protect a computer system is to isolate it from all contact with the outside world. This would include the user programming all of the necessary code to operate the system, as even commercial products have been known to be shipped already infected with viruses.   Ã‚  Ã‚  Ã‚  Ã‚  In conclusion, because a virus can enter a computer in so many different ways, perhaps the best thing to do is more a form of damage control rather than prevention. Such as, maintain current backups of your data, keep your original software disks write-protected and away from the computer, and use a good Virus detection program. Outline Thesis: Complete protection of a computer system from viruses is not possible, so efforts should be concentrated on recovery rather than prevention. I. Introduction, with definition.   Ã‚  Ã‚  Ã‚  Ã‚  A. Define Computer Virus.   Ã‚  Ã‚  Ã‚  Ã‚  B. Define interest group.   Ã‚  Ã‚  Ã‚  Ã‚  C. Define problem.

Johannes Gutenberg and the Invention of the Printing Press Essay

Johannes Gutenberg and the Invention of the Printing Press Between the 13th and 16th centuries we can see the rise of a print-dominated society; a society which moved away from the Church's monopoly of information that existed until that time. There were many social, economic and political changes. It was not because of the printing press that those changes were brought about, but perhaps they could have not happened so fast without the print. Johann Gutenberg managed to bring together technologies known for centuries before him, adding the idea for movable metal type. This led to the mass production of books, being them more available to the general public. The invention of the printing press helped ideas spread quickly making things easier for the reform of the Church and the development of modern sciences. INDEX Introduction ...................................................................... 5 The life of Johannes Gutenberg .............................................. 7 The development of print technology .................................... 8 The invention .................................................................... 9 The printing press and the Church .................................................... 11 Gutenberg's Bible ............................................................. 12 The print and the developing of culture.................................. 13 Final comment ................................................................. 16 Bibliography .................................................................... 17 Introduction "Renaissance" means "rebirth" in French and stands for the cultural, intellectual and economic changes that occu... ...14. (Frank Granger, Gutenberg--The Most Important Man of the Millennium <a href="http://teched.edtl.vt.edu/gcc/HTML/PrintingsPast/GutenbergBible.html">http://teched.edtl.vt.edu/gcc/HTML/PrintingsPast/GutenbergBible.html</a>), downloaded in September 2014. <a href="http://www.gutenbergdigital.de/,">http://www.gutenbergdigital.de/,</a> downloaded in September 2014. http:/www.ideafinder.com/history/inventions/story039, downloaded in September 2014. http:/www.inventors.about.com/library/inventors/blJohannesGutenberg, downloaded in September 2014. http:/www.historyguide.org/intellect/press, downloaded in September 2014. <a href="http://www.amazon.com/exec/obidos/ASIN/1568362730/ref%3Ded%5Foe%5Fh/102-5739894-2995348,">http://www.amazon.com/exec/obidos/ASIN/1568362730/ref%3Ded%5Foe%5Fh/102-5739894-2995348,</a> downloaded in October 2014.

More Than Just the Disease Essay

Choose a novel or short story which deals with an important human issue: for example, poverty, war, family conflict, injustice, or any other issue you regard as important More Than Just the Disease by Bernard MacLaverty is a short story which deals with the themes of class distinction, rights of passage and a person suffering mentally which effects the characters in the short story. There is conflict between the two main characters Neil and his mum. This short story gives you an insight into some problems which are a part of today’s society. In the text Neil goes to stay with his friend Michael and his family and soon realises it is nothing like his own house. When it comes to bedtime Neil takes his pyjamas to the bathroom and buttoned his jacket right to the top. Here he is trying to hide his problem. Things like this happen throughout the story as Michael tries to get him to go swimming and Neil makes up a lot of excuses not to go this implies he doesn’t want anyone to know about his psoriasis. At the end Neil has a conversation with Mrs Wan, when he finds her cat and takes it back to her. He finds himself telling her all about his disease. After she reassures him that there is nothing wrong with it and he should not let it take control of his life -like his mum does- Neil comes to terms with his disease. Michael and Neil go swimming that night after Michael finds Neil with his shirt open and shows that it doesn’t bother him. . Neil’s mum puts a lot of pressure on Neil which leads to the conflict between them. Most of the story is written as dialogue which brings out the characters personalities. Although there is a lot of conversation between Neil and Mrs Wan and Neil and Michael there is no conversation at all between Neil and his mum. This also shows the conflict between them. The short story is written in third person omniscient this means that the narrator is not a character in the story and is able to describe everything in the story. More Than Just the Disease is a short story where very little seems to happen, yet the main character is very deeply influenced by what does happen.

Health and Social Care Unit 3 Ao1 D Promoting Good Health

Unit 3: Promoting good health AO1-Section D (This paper got the full 3 marks) Quality of life is how satisfied we are with our lives and whether there are parts of our health that affect this or inhibit this. For example if there was a lack of money in a family due to little financial support then their quality of life would not be good. This is because they would not be able to afford the necessities of life and other recreational activities.The job of a kidney is to filter the blood and get rid of waste products; it also balances levels of electrolyte in the body, it controlling blood pressure, and stimulates the production of red blood cells. Your kidneys filter wastes and excess fluids from your blood, which then exit your body in your urine. When the kidney fails, these things are not done efficiently and so therefore can cause serious harm to your body. The signs and symptoms of kidney failure develop slowly over time if the kidneys function continues to progress inadequately.R achel Warren, daughter, sister and mother of 2 has Kidney failure. She is 33 years old and is currently paying the mortgage of her 3 bedroomed home. She is in full time work and works from 7am till 3pm and has been working here for 13 years this has affected her whole life in many different ways. However her physical health and social health are the major things that have been affected by this illness. She began showing signs of kidney failure when she was out on a walk with her family in the countryside walking up a steep hill.This is where Rachel started to feel weak and light headed, so therefore did not feel physically able to carry on with the hike. It was then that it was recommended to her that she got tested as it ran in the family. The first signs of kidney failure in Rachel were, swelling of the legs and hands and puffiness around the eyes, high blood pressure, increased urination at night and pale skin. Kidney failure has affected her quality of life ever since. PHYSICAL HEALTH Rachel’s physical health has been strongly affected by her kidney failure.One physical effect of kidney failure is that she gets worn out and feels weak so cannot do physical activities for long periods, therefore she has little energy to do the things she enjoys most in life: For example: Dog walking with her friends and close family every Sunday. She has felt out of breath and so cannot do this for a long time without feeling the need to rest at frequent periods. This is caused by Anemia which means there is less blood flow to the brain. Anaemia is something that occurs when one has kidney failure.This can cause a build-up of fluid in the lungs; a low oxygen count in your body can be the main symptom of this. As a result of this it meant that Rachel was feeling cold all of the time and often burnt herself in the bath or on a hot water bottle. This has affected her quality of life because it caused her pain and discomfort which should not occur on an everyday basis. T hree days before being called for her kidney transplant, Rachel was put on dialysis which uses an artificial device to clean and filter the blood of waste products.This caused her major pain and distress, Rachel says that this was ‘one of the most painful experiences she’s ever been through’. She said the pain was mainly in her shoulder and it felt like she was being ‘dragged down to the floor’, this affected her quality of life as for those three days she had a dependence on medicinal substances and medical aids. After the transplant Rachel still has to take drugs each day prescribed to her by her doctor, this affects her physically as if she did not take them then her body would reject the kidney.However after the surgery Rachel felt more active and so could go on long day walks again with her friends without getting out of breath. Her skin also looked noticeably healthier which brought out a new confidence within her. Once more she is now able to feel different temperatures and so no longer burns herself and feels discomfort through this. This surgery has improved her quality of life greatly and without it she would not be the person she is today, as without surgery or dialysis the kidney disease could have been fatal.After the surgery Rachel felt more active and so took up a new hobby of zumba which even a year on she still enjoys. She also is participating in a great swim to raise money for chronic kidney disease research, which has shown she is physically up to the challenge and so her quality of life is the best it could be for someone with her condition. SOCIAL RELATIONSHIPS Rachel’s social health was affecting her quality of life in many ways. Due to her kidney failure she was unable to go out and meet her friends because she would get worn out very easily, even if it was just walking to the shops.This meant meeting her friends was very difficult unless they visited her. Due to this she felt tired all the time a nd so spent a lot of her time sleeping and sitting down, this affected her social life within the family as she was unable to join in with the activities her children were doing. This meant her family and friendship relationships were altered and slowed down causing her to feel stressed due to lack of connections. Rachel had to visit the hospital in Cambridge once or twice per week to have a check-up. This was 63. 5 miles away and took her 2 hours to drive it each way.Not only did this mean that she had a financial strain due to petrol costs, but she had less time to visit her friends and family so personal relationships were affected. When Rachel was on Dialysis she didn’t feel up to meeting people as she felt stressed and depressed for a little while. This affected her quality of life because the medicine given to her made her lack confidence within herself and so therefore didn’t feel like going out and meeting new people. Therefore she did not have full social supp ort from friends and work colleagues.After Rachel had the surgery she was confined to bed for 3? days after the transplant. Due to her appearance she didn’t want people to see her and make them worried so her social life halted for that time. This meant she didn’t have all the support she could have had and so made her quality of life low because of her lack of social and emotional support. She also did not go back to work for 1 ? months after the surgery so she could recover, this meant all her work colleagues were unable to support her and she was unable to help them in with the workload.This made her feel useless and annoyed to not be able to keep herself busy, this meant her quality of life was lessened as she had not been able to work and so was unable to complete her daily activities. After the transplant she felt much more active and was able to carry on with all she had done previously. This included visiting her family and friends therefore she felt less stres sed and a rise in support from her personal relationships throughout this experience. She was able to enjoy her life and had full support from her friends, family and colleagues.In conclusion Rachel’s physical and social health has been greatly affected by kidney failure. If she did not have the kidney transplant and the drugs to prevent her body from rejecting the new kidney, she would not be able to enjoy the high quality of life she has today or even be able to live it. This is because if she had not had the surgery or dialysis her condition could have been fatal. Her physical health and social health are the main factors that affect this, however she was also affected by her level of independence and her psychological health (the ways someone thinks, learns and concentrates).

Northwest State College

1 SUPPLEMENTAL CASE: Chapter 7 Case: Northwest State College Northwest State College (a disguised name) is a four-year regional state college and has an enrollment of about 3,500 students. Its business department has a faculty of seven full-time instructors, and other part-time instructors are used as needed. Currently about 900 students are majoring in business. The college is located in a medium-sized northern community of about 70,000. Most of the faculty recruiting is done by one person, the department head, who makes the initial contact with prospective faculty members at various professional meetings held during the school year. If the department head cannot attend a meeting recruiting is done by an instructor from the business department. Projections are that enrollment at Northwest State will increase about 25% in the next five years. Most of the increase is expected in the business area. The ideal faculty size would be about 16 full-time instructors. Most of the full-time instructors currently in the Department of Business Administration hold MAs or MBAs from various northern colleges. The salary scales and fringe benefits are considered to be slightly lower than the compensation available at similar colleges in the region. In addition to any increase in faculty members needed due to enrollment, three replacements are needed for this fall in the business area to replace individuals who have gone elsewhere. Northwest State has a recruiting policy that requires final approval of candidates by the department head, the vice president for academic affairs, and the president of the college. In addition, the school has a policy requiring that at least two candidates be invited to the campus before any candidate can be hired so that adequate screening can take place. Often the result is a waiting period of two months between initial contact, application, and campus interview for most applicants. Some other small colleges in the area pay full travel expenses for potential candidates, while the majority of the others pay at least half. Northwest State does not pay any travel expenses if the candidate is not hired. Only if the candidate is offered a position and accepts is full reimbursement for travel expenses given. Usually the payment comes about two months after the campus interview. In the past Northwest State has not been very successful in filling empty positions. The president is concerned and wants to evaluate the recruiting program so that a better one can be designed. Questions 1. List the reasons why you would not consider a position at Northwest State if you were a potential applicant. 2. Evaluate the approval procedure for applicants. 3. What would be the components in a recruiting system you design? 1. Beginning, I would not be interested in a position at Northwest State college for these reasons: Firstly, due to the salary scales being slightly lower than the compensation available at similar colleges in the region. There are currently instructor's at this college that hold MBA's and MA who are not being compensated accordingly at college which wants to see growth of 25% in the next five years. Secondly, considering how rigorous the selection process appears to be for potential applicants an incentive to off set the process would be to at the least cover ones travel expenses in advance. These proponents do not make a great first impression toward me and show the school potential lack of interest in recruiting the best instructor available. Lastly, I would have addition concerns regarding the current vacancies that need to be filled. There just some question that need to be answered. If the enrollment is planning to ramp up then why is it that faculty do not want to have part in a growing institution. 2. In evaluating the approval procedure for applicants the components the college has in place appear to be thorough and in-depth. However, some of the policies in place are some much in depth that it could deter an applicant's interest in the position. If the president had the confidence in it department head then some steps in the approval procedure could be eliminated. The current screening process requires too much time in between the initial contact, application completion and the campus visits of applicants. 3. Through evaluating Northwest State's recruiting process it allowed for me to consider in designing a recruiting system with effective components: First, I would consider training new hires due to its financial advantage amend their prior external experience (204). Secondly, being a strategic recruiter by discovering talent before it is needed, capitalizing on windfall opportunities when there is an abundance of highly qualified people (195). If this component can be executed then the talent potential increases for fulling a position when time. Another component I would implement in my recruiting system is develop strong Internet recruiting abilities.

The Three Certainties

Trust The Three Certainties An express trust will not take effect unless the three certainties are present . These certainties are (1)Certainty of words (2)Certainty of objects (3)Certainty of subject matter . It is therefore important to prove all three elements in the given scenario to prove that a trust exists . If any of these certainties are not present the trust fails and the donee of the property which is sufficiently defined ,takes the property as an absolute gift .If the words are imperative and thus raise a trust and the objects ascertainable but the property is not specified in terms of identity ,then there will be no trust ,for there would be nothing to hold and administrator of a trust property . This rule applies for all three elements ,there would be no trust without one or more of the elements not being present . The issue in the first scenario is; Whether all three of the certainties exists? Firstly certainty of words, this principle is that an expressed trust is cre ated where the settlers shows an intention to do so .It is therefore important to show settlers intention rather than moral obligation. Before 1830 proprietary words were construed by the courts of having the force to create a trust . The Common Law allowed an estate being disposed of to be vested in the execution . However after 1830 the law was changed by the executing act which provided that disposition of property should not go to the executor and the courts stopped construing precatory words as having the effect to create a trust. The words â€Å"I bequeath† and â€Å"I would like† is used in the given situation.The words of I bequeath $200,000 to my dear friend can be contrasted with that of Re Codrington where the testator’s wishes were carried out where he bequeted two of his plantations in Barbados to the society for the propagation of the Christian Religion . The main question was whether the will created a binding trust or not as the testator went on to use the word desire . It was held that a binding trust was created as Douglas CJ looked at the language in accordance with the law and intention .It is therefore necessary to look at the language intention and the law in this scenario . The words I would Like can amount certainty of words . The case of Lambe v Earnes (1871)held that precatory words in a gift and did not mean that the doner intended the donee to hold the property for trust . This has been enforced as trust ,gifts accompanied by precatory words . For example â€Å"Feeling Confidence †or in â€Å"Full confidence † in Re Adams and Kensington . It is not however an absolute rule that a trust can never be created where precatory words are employed .On the contrary if the instrument as a whole or the context in which precatory words are used ,indicates that a trust was intended ,the courts are quite prepared to give effect to the trust ,for example like Re Hamilton and Re Steel . If the words I would Like in this situation was intended to create a trust rather than a mere obligation then it can fall within the scope of certainty of words . Secondly, Certainty of subject matter . There are two aspects for the requirement of subject matter (1)Certainty as to the property held upon trust (2)Certainty as to the beneficial interest which each beneficiary is to receive .With respect to (a)The will or other instruments creating the trust must make it clear as to what property is to be bound by the trust . Can then â€Å"the remaining part of what is left in the first scenario constitute to that of subject matter? The case of Sprange v Bernard a testatrix gave property by her will to her husband for the sole use and directed that at his death whatever is left that he does not want for his own use was to be divided between her sister and brother . It was held that there was no trust, since it was uncertain what would be left after the death of the husband.How then could one know what would o f if anything be left after the death of Nancy, Gloria’s friend . The case of Re Beadmore Trust also went on to illustrate this as it said that the words of description in the latter case are of same interest and at the death,the remains part of what is left ,that he does not want for his own wants and use . The courts held that no valid trust could be created in such vague words . The question of the existence of the three certainties are also asked in the second situation to create a trust. I bequeath â€Å"in this situation may amount to certainty of words as Gloria may have intended to create a trust . Equity however look at intent rather than form of words used . The case of Re Codrington Agen shows this . Another case would be that of De Costa v Wilburton ,where intent is present there maybe no need for any precise technical expression to be employed . It is however left to the other two elements of certainty of objects and subject matter to create a trust . Certainty of objects â€Å"And in such times amongst such of the inhabitants of Grenada and as they shall in their absolute discretion think fit â€Å"The bjects of a trust are the person’s who are to benefit from it ,that is to say the beneficiaries . If the requirement for trust is clearly defined for example Aunty Angela ,Uncle Mukesh then the requirement is clearly satisfied . When the beneficiaries are not clearly identified by the vagueness used to described them there would be no trust . The test for certainty of objects differs accordingly to whether the trust id fixed or discretionary . A fixed trust is one which is beneficiary in allocating to a particular beneficial interest by the settler for example where $100,000 is given to my aunties and uncles in equal shares .A discretionary trust is one that trustees have a discretion as to which members of the class of beneficiaries are to benefit from the trust property and in what shares for example where $20,000 is transferred to trustee upon trust such as my employees or employers. Discretionary trust in the Old list test before 1970 was that as the same as fixed test where all the beneficiaries had to be named . The case of IRC v Breedway came up with the reasons for the Old test . One of the reasons for the old test was that (1)the court could not substitute its discretion for that of a trustee .There came a New test for Discretionary Trust . The House Of Lords in Mc Phail v Douton ,concerns a discretionary trust in favor of a certain Mr Bedens employees and ex employees preferred in Re Gasteneer and Re Gulberkan whether the words employed in describing the discretionary class are such that it can be said with certainty that the individual is /is not a member of that class. As illustrated in Mc phall case it was not possible to assert the possible beneficiaries . It may also be impossible for Gloria’s trustee to proceed upon the subject of certainty of object matter relating to the inhabitants o f the Island of Grenada .The third scenario given also has to prove all three elements in order to illustrate that a trust exists. Firstly certainty of words â€Å"I bequeath† in this scenario may have amounted to certainty of words as Gloria may have intended to create a trust . Equity however looks at the intent rather than forms of the words . Gloria goes on to say in â€Å"the expectation of† The case of Cary v Cary â€Å"When a testator ,having the power to dispose of property ,expresses a desire as to the disposition of the property ,and the objects to which he refers are certain ,the desire so expressed amounts to a command .The cases are clear on this subject ,that where the property and the objects are certain ,any word intimidating a wish or desire ,raise a trust ,if the objects be not certain ,a trust can no more be raised upon words of desire or request ,then upon words of actual devise . † This words in expectation of may amount to certainty of word s as it is an expressed desire my Gloria for her cousin Ann Marie to dispose her property (Wine ). Secondly In Re London Wine Co (Shippers )It was held that before any trust could be said to attach to and tangible assets comprise within the class of assets ,the particular assets have to be identified .For example His Honour Oliver J. stated a former who declares himself (without identifying them can be said to have created a preferred and complete trust whatever rights he may confer by such declaration of a matter of contract . But the mere declaration that a given number of criminals would be held upon trust could not create an interest . The example by Oliver J was in respect of trust of tangible assets in the nature of cases of Wine . The trust in Re London Wine Co was held invalid partially on the principle that this failure to segregate th wine to be held a trust rendered the subject matter of the trust uncertain .In Hunter v Moss (1993) the C. O. A. declined to apply the princ iple in Re London Wine Co in upholding that a trust is valid on the basis of intangible assets . This concept of intangible assets have not been sufficiently certain as to give rise to a valid trust ,It may therefore be left up to the courts to decide whether this situation amounts too certainty of subject matter . Lastly Certainty of Objects . Ann Marie in expectation will divide the contents of Gloria’s wine cellar to her old friends and in cases where there is doubt her trustees are responsible to designate who her old friends are.Where a trust would ordinarily fail because the class of beneficiaries is defined by conceptually inaccurate terms ,would such a trust be rendered valid where a third party id left to determine the meaning of the ascribed terms ? This scenario related to third parties ,Academic opinion is divided in this matter . Martin author of Hansbury and Martin asserts that conceptual uncertainty may in some cases be cured by providing that the opinion of th e third party is to settle the matter .On the contrary author said as Halton suggest if the concept is my far relatives or my old friends or my good business associates and the trustee are given the power to resolve any doubt as to whether a person qualifies the court can resolve the uncertainty. Re Track St (1978)Lord Denning saw no reason why a trust instrument should not provide that any dispute or doubt should be resolved . Re Bourogh v Philcox (1840 states that the test for powers /discretionary trust will at the oral determine whether the class is sufficiently certain.Gifts are expressed to be subject to a condition . The Applicator test was showed in Re Allen (1953) it states that such a trust will not fall for uncertainty of objects once it is possible to say at least one person that he/she satisfies the description of old friends . The effect of uncertainty of objects is that the resulting trust arises in favor of the transfer. It can therefore be said that the above scenar io can amount to certainty of objects ass may or may not be present according to the third party involved .Kate and Sierra may not know who Gloria’s old friends and good neighbors are and the gifts expressed may or may not result in favor of a class which fails for uncertainty of objects under the comprehensive list test. In Conclusion The first scenario did not include certainty of objects therefore a trust cannot be created, The Second scenario did not include certainty of subject matter a trust cannot also be created ,However the last situation entailed all three elements given case law and the relevant situation it may be left up to the courts to decide .