Capital Structure Essay -- Business, Financing

Introduction The relationship between capital structure and firm value has been discussed frequently in the literature by different researcher accordingly, in both theoretical and empirical studies. It has also been discussed that whether the firm has any optimal capital structure that has been adopted by an individual firm, or whether the proportions of debt usage is completely irrelevant to the individual firm value. A firm can choose a mix of three modes of financing i.e. issuing shares, borrowing from the market and use of retained earnings. The ratio of this mix of funds purely depends on the firm and known as optimal capital structure of the firm. This leads to the different capital structure theories. These theories explain their point of view about optimal capital structure how an optimal capital structure can increase the value of the firm and its impact on the cost of capital of the firm. Capital structure refers to the mix of debt and equity used by a firm in financing its assets. The capital structure decision is one of the most important decisions made by financial management. The capital structure decision is at the center of many other decisions in the area of corporate finance. These include dividend policy, project financing, issue of long term securities, financing of mergers and so on. One of the many objectives of a corporate financial manager is to ensure the lower cost of capital and thus maximize the wealth of shareholders. Capital structure is one of the effective tools of management to manage the cost of capital. An optimal capital structure is reached at a point where the cost of the capital is minimum. Pakistan is a developing country with three stock exchanges, the Karachi Stock Exchange (KSE) bei... ...icult in terms of cost and technical difficulties (Shah and Hijazi 2004). The main sources of debt in Pakistan have been commercial banks, which do not encourage long term loans, with almost no reliance on market based debt until mid 1994 when government moved to remove most of the constraints among. Which one action was to amend company law to permit corporate entities to raise debt directly from the market in the form of TFCs (Term Finance Certificates). So corporate bond market has limited history and is in the process of development. This explains why firms on average in Pakistan have more short term financing than long term financing. Booth et al (1999) also pointed in their study on determinants of capital structure in developing countries including Pakistan that the use of short term financing is higher than long term financing in developing countries.

Creating an Engaging Reading

If it’s tough to write it’s even tougher to write one that engaging, or is it? I have evidenced two types of writing that work for me. 1. Writing as execution of Play[wild-fire] 2. Writing as execution of Plan[following] The first one is my choice whether its philosophy or science, I prefer the first method. And to be engaging 1. It should start from the reader, creating a wonder in him 2. It should continue creating wonder. . . 3. It should be short, one-sitting reading. Now creating an engaging reading is very much a question of how to make people wonder and curious every time. And one can’t create wonder for the sake of it, only an insight can create that. Ie insight creates a broad POV with respect to the topic which can then be used to project it. Wild fire thinking is essential in this regard. And nothing comes out of thin air without thinking, so all in all it does takes time to make a really good engaging read, but that time is not addition to the thinking time? And the thought of making the really dry non fiction, makes it to get integrated with the fiction. And embodied metaphors are also worthy in this regard. In this regard a good writing comes out of play, just as the poet who said , one should keep writing and writing and writing till it causes, pain infact what he saying is that to let the mind to play and get some data which you can then organize and play the game. Can science be like that, can we make the objective data subjective. No matter what you are trying to say, if you are trying to make sense, make meaning then you must log on to philosophy, fiction, poetry because that what builds and inspires the meaning it’s not logic and reason as said in ‘Mind in society’ , ‘homo ludes’ and in ‘man play and games’. What does it mean to have an insight, to have an insight is to have an wonderful understanding of something, to have an unusual understanding of something, and the good news is its always a result of Play. Resumes, News papers atc are written to spread information while few others are written to spread the meaning. In such cases the best practice would to mirror the writer’s own mind as he writes. Articles written to spread the meaning are more engaging than the articles written to spread the info. Highly cited research articles regardless of their field are found in agreement with this. I. e the piece the writer writes should be a live recorded footage of his learning, so it’s a matter of play and a little game. Whatever that gets through his head while he is at play, Conversations, pictures, anecdotes etc would be the best thing and best order but one should be aware whether it’s authentic content or not. And one should decidedly remove stuff which is unauthentic in this regard. A good article/book will be reflection of writer’s learning, Writer’s learning as it happened. So writing is not different from learning and it’s not an extra burden as usually thought. Follow the sense, sound will follow: poet Follow the thought with pen, engaging reading will follow: Writer

American Indian History

The meaning of the word â€Å"nation† can be interpreted in different ways, but it always signifies the people, native language, traditions and a territory. Every nation has its own usages and they are inherited by its population across the generations. The people love their culture and love their land. Long time ago people learnt to cultivate the soil and to grow the crops. However, the land is not just people’s wet-nurse. It is something more for natives, because it unites them into one whole, into one nation. But when somebody deprives people of their land, the power of population as a nation weakens.â€Å"The world turned upside down† – wrote Colin G. Calloway trying to bring to the readers a sorry plight of Indians after blood-thirsty invasion of Englishman into their land. Peace and idyll of Native American’s life remained in the past and new era of a disaster came. One group after another endured successive waves of epidemic disease, inter-tr ibal and European warfare, rapid environmental change, colonial pressure for cultural change, displacement, and sometimes enslavement and servitude. Some groups disintegrated under the pressure, but others found ways to survive and some new groups came into being.It was not easy for them to adapt to the new laws white men had brought with them. The Indians felt that something was dying for ever and their home had changed. But the main human instinct of a survival played its key role. The Indians learnt to live with colonists. In this paper we’ll discuss the various ways Indian peoples adapted to their new settlers. To open the subject perfectly we’ll look to the life of the Native Americans through the history. For thousands of years land that is now the United States belonged to the Indians. They spoke many different languages.They lived in many different ways. Some were farmers. Some were hunters. Some lived deep in the forests in villages of strongly built houses. O thers roamed over the grassy plains, carrying all they owned with them. Each Indian belonged to a tribe, which was made up of a number of bands. Just two or three families constituted some bands. Each Indian thought of himself first not as one man but as part of a band and of a tribe. All the members of a band took care of each other. They hunted or farmed together and shared whatever they caught or grew. Some tribes were warlike. Others lived in peace.Indian religions were many. Some believed in one god, others in many, but all believed that man and nature were very close. Hunters or farmers all knew that the wind, the rain, the sun, the grass, the trees, and all the animals that lived on the earth were important to them. For thousands of years Indians wandered through the forests, over the grassy plains and great deserts. The earth was their mother, supplying all their wants. Then men arrived from Europe, men who wanted to take this land and have it for their own. These men believ ed that land could be cut up and bought and sold.In 1513 the Spaniard Ponce de Leon arrived in Florida. He did not stay, but he was fallowed by others Europeans who came to settle the land that was to become the United States. Spaniards came and Frenchmen came. Settlers came from England to Virginia and Massachusetts. These settlers wanted the Indians’ land. They wanted it for farms and cities. Englishmen cut down the forests and plowed the earth. Sometimes they made treaties with the Indians in which it was agreed that part of the land belonged to the newcomers and part to the Indians. As more men came from Europe, then were more men who wanted Indians land.The natives could not sell or give away all their land, but the settlers wanted it all. Eventually conflicts arose and outgrew into the Indian Wars. Because of nomadic life, small numbers, lack of weapons Indians turned out not worthy adversary for their enemy. But the Indians fought for their land. They went on fighting for almost four hundred years. Indian armed opposition was suppressed only at the end of nineteenth and their remains were driven to reservations. The Europeans carried with them not only longing to subdue the new land for all its material richness, but also brought unknown and deadly diseases.According to Northern Plains Indian winter counts (chronologies) epidemic diseases occurred on average every 5. 7 years for the area and every 9. 7-15. 8 years for individual groups. Disease outbreaks tended to follow episodes of famine or disease and tended to be followed by episodes of abundance of game when human mortality had been high. Epidemics preceded sustained contact with non-natives. The groups keeping winter counts recognized that epidemic diseases were spread through intergroup contact.Recorded reactions to epidemics include population dispersal, attempts to identify effective medicines, avoidance of outsiders, and changes in religious practices. Chronological listing of reference s to epidemics in winter counts shows that the northern plains groups endured about thirty-six major epidemics between 1714 and 1919 (table 1). Great smallpox broke out in 1837-38 that decimated the Mandas. Unlike the Yanktonai Blue Thunder winter counts, the Oglala John Colhoff and Flying Hawk winter counts describe the 1844-45 epidemic as severe. Blue Thunder notes that this epidemic was very widespread.The Hunkpapa Cranbrook winter count states that only children were affected by the 1844 measles or smallpox epidemic. . Iron Crow reported a food shortage in 1817 followed by measles or smallpox in 1818. The Yanktonai John Bear recounted a severe famine in 1814, followed by a severe epidemic in 1815. It is unlikely that birthrates could increase enough to compensate for this frequent loss of life. Many aspects of native life in the Great Plains were affected by epi-demics. Military might depended as much on a group's health as on the training and technology available to its warrior s.Patterns of social aggregation and dispersal, religious revivals, migrations, and survival of particular groups were affected by epidemic disease. The diseases and wares drained Indians having made them vulnerable before Englishmen. As colonists were fully aware from their negotiations for Indian land, the best way to press Indians into service was to allow them to run up debts with English merchants, then demand the balance and bring them to court when they could not pay. In such way â€Å"violation of the rights of Indians†3 continued for a long time.There is more then one example of illegal capture of Indians in their sorrowful history. For instance on August 12, 1865 a Hopi woman wobbled into the office of Lieutenant Colonel Julius C. Show, commanding officer of Fort Wingate, New Mexico Territory. She looked appallingly: her clotted hair with blood from a hand wound hung down her face. The woman declared to Show that while she and her nine-year-old daughter were walking the wagon road between Cubero and Fort Wingate, two men from the village overtook them, thumped her with their rifle butts and left her beside the trail.When she regained consciousness some hours later, her daughter was missing. Retracing her steps to Cubero, she discovered that the men had kidnapped her daughter and refused her to see the child. Then she went to Fort Wingate to plead for Shaw’s mediation in the kidnapping. Two accordant developments provide larger historical and cultural context for the Hopi woman’s dilemma. For although discrete in certain details, the sufferings of this anonymous woman prove symptomatic of the experience of women and children caught in larger processes of violence, exchange, and state regulation in the region.Chato Sanchez – the man who captured the girl answered Shaw’s question about the mother and her daughter clearly that â€Å"he had assumed a debt which this woman contracted and had taken both the mother and her daughter as security against that debt. †4 The man probably spoke the truth as he saw it. Since the early eighteenth century, Spanish New Mexicans had engaged in the practice of â€Å"rescate†, or rescue and redemption of captives held in the power of â€Å"los indions barbarous†. In New Mexico â€Å"rescate† served as the artifice by which legal and moral sanctions against Indian slavery could be subverted.Much about Indian society and culture in southern New En ¬gland had changed during Howwoswee's lifetime. From the late seventeenth century through the early nineteenth century, English merchants exploited the Indians' dependence on store credit to coerce men, women, and children alike into bonded service. County court judges complemented this effort by indenturing native debtors who could not pay off their accounts and Indian convicts who could not meet their court fines and costs of jailing. Meanwhile, colonial officials made little but token effort s to stem such practices despite full awareness that they were occurring.By 1700, neither Christian Indians nor colonists found it acceptable for natives to put on reed-woven clothes, skins, or just shirts with leggings, as they did in the seventeenth century. As a result Indians either had to purchase spinning wheels and get wool to their own cloth, which a minority did, or else buy finished material or clothing from local stores. â€Å"Cloth, clothing, and sewing items constituted 16 percent of the value of native purchases at Vineyarder John Allen's store between 1732 and 1752, 63 percent at John Sumner's between 1749 and 1752, and 86 percent at Peter Norton's between 1759 and 1765 (see table 2).Even for merchants who did not specialize in fabric, like Beriah Norton, cloth and clothing sales made up no less than 13 percent of the value of Indian transactions. †5 Food charges for corn, meat, and sweeteners were also significant, running as high as 26 percent at one store (s ee tables 1). English land purchases had so effectively restricted Indian movement that the natives' mixed subsistence base of corn-bean-squash agriculture, shellfish gathering, fishing, and hunting had been soundly compromised.Dams prevented fish from migrating along rivers. In connecting with deer herds declined, Indians were compelled to kill their livestock or buy meat. Traditional economic ac ¬tivities were further undermined when Indians went to work for colonists during planting and harvest seasons in order to pay off store accounts. The laborers turned to purchased, rather than self-raised, corn to carry them through the lean winter months until April's fish runs and the midsummer harvest of squash and beans replenished stores.In such way cycle began: first, a native family was pressed to rely on pur-chased food for a season or two; then creditors forced adults to work for Englishmen; the next cold season, they were back at the store to buy things they had been unable to p rovide for themselves during the previous year; and thus debts mounted again and the pattern repeated itself. Bonded service affected the Indians of southern New En ¬gland not only individually but culturally as well. Inevitably, having so many Indians, particularly children, living among the English promoted native acculturation to colonial ways.Some acculturative change proved empowering for native communi ¬ties. Other shifts were decidedly less welcome. In either case, groups such as the Wampanoags of Aquinnah and Mashpee, the Narragansetts, and the Pequots were forced to struggle with how to define themselves as they became more like their English neighbors. Indian children had not only to withstand separation from their parents and relatives but to adapt to the colonists' strange ways. Left with little choice, they could do nothing but adjust. By making colonial agricultural and domestic tasks an accepted part of Indian life, indentures played a key role in natives' accultu ration.In 1767, when Eleazar Wheelock put a Narragansett Indian boy to work in the fields, the boy's father having expressed a protest proclaimed: â€Å"I can as well learn him that myself †¦ being myself brought up with the best of Farmers. â€Å"7 As usual women rarely recorded such statements, but changes in their work prove that they also were adopting English ways. Indians Betty Ephraim, Patience Amos, and Experience Mamuck received credit from Richard Macy for spinning yarn and sewing — possibly on equipment that they owned themselves, given the presence of spinning wheels and looms in a few native estate inventories.Indentures were not the only factor encouraging Indians to adopt new tasks and technology. Missionaries contin ¬ued to promote the benefits of colonial work ways, no doubt persuading some listeners. Other natives distressed that their lack of accumulated capital made them chronically vulnerable to merchants and judges, carefully decided â€Å"to l ive more like my Christian English neighbors. â€Å"8 The enormity of servitude's impact on Indian culture is obvious. At least one-third of native children were living with the English at any given time, most under indentures that kept them in service until their late teens or early twenties.When these servants returned home as adults, they passed on what they had learned to their children, some of whom were in turn bound out to colonists. By the second half of the eighteenth century, probably nearly all native households included at least one person who had spent an essential portion of his or her childhood as a servant. As a result of poverty and widespread in ¬dentured servitude, were the changes Indians experienced in their dress. Between the advent of English settlement and King Philip's War, Praying Indians in order to mark themselves as Christians cut their hair and donned shirts, pants, shoes, hats, and cloaks.However, many Christian Indians refused to abide by the Engli sh dictate that people dress according to their station in the colonists' social hierarchy. Indian women, in particular, had a special liking for jewelry and clothes that colonists considered gaudy and ungodly. Servitude also influenced the Indians' food ways. Throughout the early seventeenth century, the usual Indian dish was a corn mush that consisted of some mix of vegetables, shellfish, fish, and/or game. Water was the natives' sole drink. But soon merchants stocked alternative foods and extended Indian credit lines, as traditional sources of protein became less accessible.As a result natives became accustomed to the food provided by colonial masters; the Indian diet began to change. Although In ¬dians continued to consume traditional foods, by the early eighteenth century they also ate mutton, beef, cheese, and potatoes, massive quantities of molasses and sugar, and smaller amounts of peas, biscuits, and apples (see table 2). Thus, by the end of the eighteenth century the Ind ian life rather changed. The characteristics that previously had distinguished natives from their colonial neighbors were no longer a part of Indian existence.In ¬dians became more like their white neighbors in their gendered division of labor, in their food and dress, and perhaps even in their propensity to beat children. As colonists forced Indian children as well as adults into bonded labor, natives lost control not only over their workaday lives but over the very upbringing of their young people. Large numbers of children and young adults spent most of their developmental years working in colonists' homes and on their farms and ships, where they heard and spoke English, performed English work, wore English clothing, and ate English food.Over time, they could not help but become more like their masters. Food, labor, dress, child-rearing: these are major elements of any people's cultural life. But indentured servitude's impact on Indian culture was even greater, its reach even l onger. It struck much nearer to the foundations of Indian identity when it began to interfere with the people's ability to pass on native languages through word of mouth and print. Gradually, Indians became English-only speakers and this change more than any other threatened Indian claims to distinctiveness.During the first two-thirds of the eighteenth century, as more and more natives served indentures, Indian literacy rates stagnated or declined. This lack of progress is remarkable, considering that in the seventeenth century, colonial officials and native parents alike expected masters to instruct bound Indian children to read and write English. Some natives sent their offspring to live with colonists or attend boarding schools precisely so that they would be formally educated.Not until the late eighteenth century, when native household servants began to receive instruction in writing from white women — who were themselves in the process of gaining full literacy — d id Indian signature rates start to climb, particularly among females. About three centuries wars of annihilation against Indians continued. Because of primitive weapon and nomadic life, Indians’ forces were broken. But not their spirit. Love to their land, nature and culture always lived and lives in their hearts.Despite all the disasters which fell down their heads Indians adapted to the new life. New settlers left indelible imprint on Indians’ life, traditions and language. Many groups of Native Americans did not stand cruel invasion in their life but some of them learnt to find ways to survive. And nowadays the Spirit of the chieftain lives in the heart of every Indian. They are proud of their tribal roots and their culture. Notes 1. Colin G. Calloway, The World Turned Upside Down: Indian voices from Early America (Dartmouth College). 2.Linea Sundstrom, Smallpox Used Them Up: References to Epidemic Disease in Northern Plains Winter Counts, 1714-1920, 309 3. Richard White and John M. Findlay, Power and Place in the North American West (Seattle and London: University Of Washington Press), 44. 4. White, Power and Place, 45. 5. David J. Silverman, The impact of Indentured Servitude on the Society and Culture of Southern New England Indians, 1680 – 1810,626. 6. Silverman, The impact of Indentured Servitude, 627. 7. Silverman, The impact of Indentured Servitude, 652. 8. Ibid.

Night World : Soulmate Chapter 1

The werewolves broke in while Hannah Snow was in the psychologist's office. She was there for the obvious reason. â€Å"I think I'm going insane,† she said quietly as soon as she sat down. â€Å"And what makes you think that?† The psychologist's voice was neutral, soothing. Hannah swallowed. Okay, she thought. Lay it on the line. Skip the paranoid feeling of being followed and the ultra-paranoid feeling that someone was trying to kill her, ignore the dreams that woke her up screaming. Go straight to the really weird stuff. â€Å"I write notes,† she said flatly. â€Å"Notes.† The therapist nodded, tapping a pencil against his lips. Then as the silence stretched out: â€Å"Uh, and that bothers you?† â€Å"Yes.† She added in a jagged rush, â€Å"Everything used to be so perfect. I mean, I had my whole life under control. I'm a senior at Sacajawea High. I have nice friends; I have good grades. I even have a scholarship fromUtahState for next year. And now it's all falling apart†¦ because of me. Because I'm going crazy.† â€Å"Because you write notes?† the psychologist said, puzzled. â€Å"Um, poison pen letters, compulsive memo taking†¦ ?† â€Å"Notes like these.† Hannah leaned forward in her chair and dropped a handful of crumpled scraps of paper on his desk. Then she looked away miserably as he read them. He seemed like a nice guy-and surprisingly young for a shrink, she thought. His name was Paul Win-field-â€Å"Call me Paul,† he'd said-and he had red hair and analytical blue eyes. He looked as if he might have both a sense of humor and a temper. And he likes me, Hannah thought. She'd seen the flicker of appreciation in his eyes when he'd opened the front door and found her standing silhouetted against the flamingMontana sunset. And then she'd seen that appreciation change to utter blankness, startled neutrality, when she stepped inside and her face was revealed. It didn't matter. People usually gave Hannah two looks, one for the long, straight fair hair and the clear gray eyes†¦ and one for the birthmark. It slanted diagonally beneath her left cheekbone, pale strawberry color, as if someone had dipped a finger in blusher and then drawn it gently across Hannah's face. It was permanent-the doctors had removed it twice with lasers, and it had come back both times. Hannah was used to the stares it got her. Paul cleared his throat suddenly, startling her. She looked back at him. † ‘Dead before seventeen,' † he read out loud, thumbing through the scraps of paper. † ‘Remember the Three Rivers-DO NOT throw this note away.' ‘The cycle can be broken.' ‘It's almost May-you know what happens then.' † He picked up the last scrap. â€Å"And this one just says, ‘He's coming.' â€Å" He smoothed the papers and looked at Hannah. â€Å"What do they mean?† â€Å"I don't know.† â€Å"You don't know?† â€Å"I didn't write them,† Hannah said through her teeth. Paul blinked and tapped his pencil faster. â€Å"But you said you did write them-â€Å" â€Å"It's my handwriting. I admit that,† Hannah said. Now that she had gotten started, the words came out in gasping bursts, unstoppable. â€Å"And I find them in places where nobody else could put them †¦ in my sock drawer, inside my pillowcase. This morning I woke up and I was holding that last one in my fist. But I still don't write them.† Paul waved his pencil triumphantly. â€Å"I see. You don't remember writing them.† â€Å"I don't remember because I didn't do it. I would never write things like that. They're all nonsense.† â€Å"Well.† Tap. Tap. â€Å"I guess that depends. ‘It's almost May'-what happens in May?† â€Å"May first is my birthday.† â€Å"That's, what, a week from now? A week and a day. And you'll be †¦ ?† Hannah let out her breath. â€Å"Seventeen.† She saw the psychologist pick up one of the scraps-she didn't need to ask which one. Dead before seventeen, she thought. â€Å"You're young to be graduating,† Paul said. â€Å"Yeah. My mom taught me at home when I was a kid, and they put me in first grade instead of kindergarten.† Paul nodded, and she thought she could see him thinking overachiever. â€Å"Have you ever†-he paused delicately-â€Å"had any thoughts about suicide?† â€Å"No. Never. I would never do anything like that.† â€Å"Hmm†¦Ã¢â‚¬  Paul frowned, staring at the notes. There was a long silence and Hannah looked around the room. It was decorated like a psychologist's office, even though it was just part of a house. Out here in centralMontana , with miles between ranches, towns were few and far between. So were psychologists-which was why Hannah was here. Paul Winfield was the only one available. There were diplomas on the walls; books and impersonal knickknacks were in the bookcase. A carved wooden elephant. A semi-dead plant. A silver-framed photograph. There was even an official-looking couch. And am I going to lie on that? Hannah thought. I don't think so. Paper rustled as Paul pushed a note aside. Then he said gently, â€Å"Do you feel that someone else is trying to hurt you?† Hannah shut her eyes. Of course she felt that someone was trying to hurt her. That was part of being paranoid, wasn't it? It proved she was crazy. â€Å"Sometimes I have the feeling I'm being followed,† she said at last in almost a whisper. â€Å"By†¦ ?† â€Å"I don't know.† Then she opened her eyes and said flatly, â€Å"Something weird and supernatural that's out to get me. And I have dreams about the apocalypse.† Paul blinked. â€Å"The-apoc †¦Ã¢â‚¬  â€Å"The end of the world. At least I guess that's what it is. Some huge battle that's coming: some giant horrible ultimate fight. Between the forces of†¦Ã¢â‚¬  She saw how he was staring at her. She looked away and went on resignedly. â€Å"Good.† She held out one hand. â€Å"And evil.† She held out the other. Then both hands went limp and she put them in her lap. â€Å"So I'm crazy, right?† â€Å"No, no, no.† He fumbled with the pencil, then patted his pocket. â€Å"Do you happen to have a cigarette?† She glanced at him in disbelief, and he flinched. â€Å"No, of course you don't. What am I saying? It's a filthy habit. I quit last week.† Hannah opened her mouth, closed it, then spoke slowly. â€Å"Look, Doctor-I mean, Paul. I'm here because I don't want to be crazy. I just want to be me again. I want to graduate with my class. I want to have a great summer horseback riding with my best friend, Chess. And next year I want to go toUtahState and study dinosaurs and maybe find a duckbill nest site of my own. I want my life back. But if you can't help me †¦Ã¢â‚¬  She stopped and gulped. She almost never cried; it was the ultimate loss of control. But now she couldn't help it. She could feel warmth spill out of her eyes and trace down her cheeks to tickle her chin. Humiliated, she wiped away the teardrops as Paul peered around for a tissue. She sniffed. â€Å"I'm sorry,† he said. He'd found a box of Kleenex, but now he left it to come and stand beside her. His eyes weren't analytical now; they were blue and boyish as he tentatively squeezed her hand. â€Å"I'm sorry, Hannah. It sounds awful. But I'm sure I can help you. We'll get to the bottom of it. You'll see, by summertime you'll be graduating withUtahState and riding the duckbills, just like always.† He smiled to show it was a joke. â€Å"All this will be behind you.† â€Å"You really think?† He nodded. Then he seemed to realize he was standing and holding a patient's hand: not a very professional position. He let go hastily. â€Å"Maybe you've guessed; you're sort of my first client. Not that I'm not trained-I was in the top ten percent of my class. So. Now.† He patted his pockets, came up with the pencil, and stuck it in his mouth. He sat down. â€Å"Let's start with the first time you remember having one of these dreams. When-â€Å" He broke off as chimes sounded somewhere inside the house. The doorbell. He looked flustered. â€Å"Who would be†¦Ã¢â‚¬  He glanced at a clock in the bookcase and shook his head. â€Å"Sorry, this should only take a minute. Just make yourself comfortable until I get back.† â€Å"Don't answer it,† Hannah said. She didn't know why she said it. All she knew was that the sound of the doorbell had sent chills running through her and that right now her heart was pounding and her hands and feet were tingling. Paul looked briefly startled, then he gave her a gentle reassuring smile. â€Å"I don't think it's the apocalypse at the door, Hannah. We'll talk about these feelings of apprehension when I get back.† He touched her shoulder lightly as he left the room. Hannah sat listening. He was right, of course. There was nothing at all menacing about a doorbell. It was her own craziness. She leaned back in the soft contoured chair and looked around the room again, trying to relax. It's all in my head. The psychologist is going to help me†¦. At that instant the window across the room exploded.

LLB Law Of Evidence coursework Essay Example | Topics and Well Written Essays - 1500 words

LLB Law Of Evidence coursework - Essay Example On the other hand, the defendant can easily claim that they did not have knowledge of what was inside the package, but that the package contained other things, something hard for the prosecutor to rebut. The aim of this paper is to advise Jim who is appealing against his conviction for supply heroin based on evidential issues arising from the judge’s summing up. Discussion Ever since the effecting of Human Rights Act 1998, criminal evidence has become the most significant development due to various disputes under Article 6 which entails the right to a just trial against the application of a legal weight on the defendant to establish one or more particulars in the issue2. The fact that Jim is seeking a declaration that section 28(3) (b) (i) to be declared contrary to Human Rights Act 1998 as it infringes on his right to a just trial under Article 6 of European Convention on Human Rights 1950, he is placing the court with a question on whether it has the jurisdiction to consider appeal and, if it did, whether section 28(3) (b) (i) the Act was unsuited with his right to a just trial3. ... Therefore, in order to establish the defence under section 28(3) of the Act, Jim has to prove on the equilibrium of probabilities that he did not know that the box contained heroin4. The real apprehension is not if the defendant should disprove evidence but that the defendant may be convicted though a reasonable doubt subsists. In particular, the Misuse of Drugs Act 1971 does not have a clear characterization of possession, and in section 37(3) it elaborates that an item which an individual has in his or her possession to include anything subject to his or her control, and which is in the guardianship of another person. Therefore, unless the item is in that individual control though still under care of another person, it cannot be categorized to be in the accused in this case Jim possession5. This then leads to what the directions the jury was given by the trial judge, and it is evident that though it was essential for the prosecution to establish that Jim knew that the box was in hi s control, it was not essential for the prosecution to establish that Jim knew that the item inside the box was a controlled drug. For this reason, then there would be the likelihood of an infringement in terms of presumption of innocence. This became evident in R v Edwards,6 whereby the defence was identified to have so closely associated with the mens rea principle and moral guilt that it derogated from presupposition to reassignment of legal burden to the defendant. Although subsections (2) with (3) of Misuse of Drugs Act 1971 define specifically of the defendant proving something, then this does not necessarily mean that in order to ascertain a defence then the defendant must essentially offer evidence. Thus, the essential evidence might arise such as from any varied

Answer the two questions Essay Example | Topics and Well Written Essays - 500 words

Answer the two questions - Essay Example s the executive sword (commander in chief of the country’s armed forces) and the legislature purse (which endorses all the government’s spending measures and tax). The only thing the judiciary possesses is the ability to judge. Because of its weakness, it is protected from the other two branches of the government (the legislature and the executive) by the U.S. Constitution. According to Hamilton, making the judges permanent through the Constitution makes sure that they cannot be changed according to the executive’s or the legislature’s interests (law.jrank.org, 2011). In conclusion, the Federalist 78 aimed at making sure that the judiciary was protected from interests of the executive or the legislature. This is because it was the weakest of the government branches and it did not possess the purse of the legislature and the sword of the executive. The only power left for the judiciary was the ability to judge. In Hamilton’s essay Federalist 78, the judiciary was supposed to be provided with the judicial review power. This is to enable it to declare laws that deemed unconstitutional as not binding (law.jrank.org, 2011). The judicial review power is important for the judiciary since it is the one that is capable of interpreting the law and the constitution. In other words, the judicial review power serves the purpose of protecting the particular privileges or rights of the American people. The purpose of the judicial review power given was to protect the particular privileges or rights of the people as indicated in the Constitution. In order to protect these rights, the judiciary has to be given the judicial review power to declare any law that is unconstitutional null and void. There are other people who claim that the judiciary has been given power superior to that of the executive and the legislature. However, the people’s power is superior to that of the government branches, and the role of the judiciary is to make sure that the legislature does

TLMT312 WEEK 4 FORUM Assignment Example | Topics and Well Written Essays - 250 words

TLMT312 WEEK 4 FORUM - Assignment Example There is a distinction between rates and rating. Rate is the price per hundred weights to move an individual product between two locations. It is listed on pricing sheets or tariffs. Various products in different classes are charged different rates. Rate is determined by weight and size of the product. Rating involves determining the appropriate, legal, economical rates and routes for the transportation of foreign and domestic freight through any or all modes of transportation. These determinations are made according to published classification, tariff, and tariff routings. Rating also includes development of narratives and exhibit materials and similar information to be used by others to negotiate and requested rates. In addition, it may also include preparation of materials concerning rate matters in cases to be presented to representatives of the carriers, regulatory bodies, and the courts. The goal of the assessment is to establish the appropriateness of classification, routes, rates and carriers’ actions (Gianpaolo & Laporte, 2004). Classification and rate depend on the grade. Rating determines the appropriateness of classification and rates. Once products are shipped they must be classified for various reasons. Classification helps to determine the rates for each