Eugenics And A Brave New World Essays - Molecular Biology, Cloning

Eugenics And A Brave New World Eugenics. The word strikes fear in the hearts of many. Visions of Aldous Huxley's Brave New World, along with memories of Nazi experimentation and the Lynchburg sterilization colonies in the United States, cause many to dismiss the idea of cloning immediately. However, in reality, cloning has nothing to do with eugenics or genetic engineering. Cloning is the duplication of genetic material without any alteration. Germ line therapy, however, involves changing the material for a specific purpose. It does not make sense to combine the two processes for the sake of argument. What affect could cloning have on disease research? Cloning could be extremely valuable in studying the process of human development and disease influences this system. Scientists are already cloning genes to produce and test new drug products. Cloning animals (such as mice) could be used to produce knock-out specimens for testing. Not to say that we should produce knock-out humans, but isn't there a possibility that human cloning could actually help us find cures to a number of diseases? Could cloning be used to produce transplant organs or brain-dead clones for organ harvesting? Some claim that cloning would enable us to produce transplantable organs that would not be rejected by the recipient's body, since they would be produced from his own genetic material. This may be possible. However, there has not been enough research to confirm that rejection would not take place. There is also the problem of waiting for the organs to mature, which could take a number of years -- years which the patient may not have. As far as brain-dead clones for the same purpose, we are a long way away from ever achieving this task. Regardless, there is one thing to be careful of in both of these cases: protecting the rights of the clone. Just because the purpose of cloning someone is to take his organs does not mean you can take them without his consent. What is the difference between in-vitro fertilization and cloning? In-vitro fertilization (IVF) and cloning both involve implanting an embryo in a woman's womb. Time's Barbara Ehrenreich writes, any culture that encourages IVF has no right to complain about the market of embryos. The only difference between the two processes is that in cloning the embryo is genetically identical. And, in both cases, the method can greatly improve the chances of conception for the infertile couple. If a person supports IVF, why not support cloning as an option? Does society have a right or responsibility to restrict knowledge? The age old question of can we do it? versus should we do it?. By looking at its

Cvs Marketing Development Essay Example

Cvs Marketing Development Essay Example Cvs Marketing Development Essay Cvs Marketing Development Essay Porter’s Five Forces ForcesGradeNote Segment Rivalry Strong The current market is divided between a few powerful competitors that can relatively easily attract customers from one another as the switching costs are low and practical absence of product differentiation contributes to the easy loss of market share. Threat of MobilityWeakWhile the new entrants only need a relatively simple GUI and a supplier in order to enter the market, the federal and local regulations will require significant investments prior to any positive cash flow. Again, the differentiation is practically non-existent and the new entrants will have to compete with financially established enterprises capitalizing on competitive advantage. Supplier powerStrongIn order to sustain the market share in this highly competitive industry the pharmacies have to establish and maintain strong working relationships with PBMs that have power to divest particular clients from a pharmacy by denying reimbursement privileges to their customers. Buyer PowerStrongIt is not hard to obtain the same drugs from different sources so the customer loyalty is virtually non-existent and the pharmacies have to try extremely hard to sustain their consumer base. Threats of substitutesWeakThere are very few alternatives to drugs. The alternatives are practically limited to traditional medicine. Therefore, the threat of substitute is weak. Conclusion: CVS is in a favorable position because it already controls the large share of the market and its brand name is known to the populace. Therefore, it is crucial for the company to protect its market share and pursue the aggressive expansion policy to secure even large customer base. Financial Analysis CVS was able to secure such a large market share in part because of its strong financial base. Since the pharmaceutical industry is not strongly correlated with the market (average beta is 0. 2) the slowing economy does not affect much CVS financial performance. The firm employs about 190,000 people and boasts the 20 million strong consumer base with projected growth 3. million within the next three years. The firm’s Price-to-Earnings Ratio (P/E) of about 21 is higher than P/Es of its primary competitors. Hence, CVS reported 21 bps increase and the total gain of $68 million in the last year. At the same time, the forward earning on the CVS stock yielded over 9. 3% allowing the firm easily meets its dividend obligations. The EPS proves that the stock has been performing well at over 30%. The revenue has been growi ng at 15. 7% per year during the last three years compare to 14. % revenue growth within the industry. This stocks forward earnings yield of 7. 41% is the annual return it would generate if its profits remained fixed and it paid out all of its earnings as dividends. This is normal compared with the earnings yields of other stocks in the industry, and is healthy in absolute terms. Finally, most companies in the industry have generated very low returns on assets over the past five years. CVS has posted results that are about average for the industry, though its ROA over the most recent 12 months was very high. Porter’s Generic Strategies Provided the CVS position in the market, it is clearly pursuing the low-cost leadership strategy. The company offers the same goods or, sometimes, a wider product assortment at the lower prices than its competitors. The firm’s prescription drugs’ sales constituted 68% of total sales, 8% ahead of its major competition Walgreen. This number reflects a strong relationship with PBMs that are attracted by the company’s lower prices than in the industry. However, the element of differentiation is also present such as money back guarantee on beauty products, stores conveniently open 24-hours and exceptional customer service. The company capitalizes on its current broad customer base to provide those services and differentiate itself from a tight competition. Also, traditionally, CVS stores were more consumer oriented, e. g. while Walgreen stores had larger area the CVS stores’ layouts were such that the aisles were wider and shelves lower making shopping more convenient. The same approach was taken by CVS to the on-line sales offering the consumers user friendly intuitive format and live customer support 24/7. Market The market is highly regulated and is subject to established relationships between health care providers and PBMs. Currently the pharmaceutical retail market is divided mostly between large chain stores such as CVS, Walgreen, Rite Aid, etc. The market is rather saturated and the competition is strong on the part of the comparable size players as well as online retailers and supermarkets. The industry faces personnel shortages especially in qualified pharmacists and pharmacy technicians. In the past the industry was strictly regionally dominated with Walgreen dominating the West, Rite Aid was strong in the South and Southeast, and CVS spread throughout the Northeast. However, the CVS broke the balance by advancing into the Rite Aid domain in 1997 creating the nation-wide competition between the companies. The ecommerce forced the major retailers to launch internet based services to compete with the new entrants such as WebMD. om and Drugstore. com. The price war in the cyber space resulted in lowering prices at the retail locations as well as shifted paradigm of in-store pharmacy assistance to the full-blown internet-based services. New short-lived phenomena emerged in a form of acquisitions of PBMs by the drug manufacturers in order to manage drug approval process and gain influence in the prescription drugs sales. However, only one merger (Merck-Medco) survived the attempt. Product CVS offers a combination of health care services such as pharmacy and medical equipment together with general merchandise ranging from beauty products to groceries via retail locations and on-line internet portal. The firms also provides consultative services such as medical plan designs, health management programs, and retail-based health clinics that are staffed primarily by nurse practitioners and physicians assistants treating limited number of common ailments and offering routine vaccinations. Price The prices are lower than the major competitor such as Walgreen. The prescription prices are negotiated with PBMs and other insurance companies. The general merchandise is obtained at wholesale prices and the savings are passed onto the consumers aiding to sustain the cost-leadership strategy. Channels of Distribution Online sales via cvs. com and over 4,000 retail locations. The firm offers automatic refills to be mailed to the consumers. The purchase and refills could be done via the telephone or on-line. Promotion CVS was the first pharmacy retailer to offer both: online shopping and traditional store services. CVS maintains extensive database of customers urchases from which it creates weekly individually tailored coupons for consumers. Also, CVS was the first retailer to offer money-back guarantees on beauty products Key Issues As the costs of healthcare increase proportionally to the aging population and slowing economy, the CVS’ main issue is the retention and growth of its market share. Historically, the CVS has been pursuing the Co st Leadership Strategy and only recently, facing the fierce competition from other players in the industry, CVS introduced the elements of differentiation such as MinuteClinic services, 24 hour locations, and 24/7 customer service. The mix of strategies might reduce the firm’s liquidity and stagnate its further expansion necessary to secure its market share. Boston Consulting Group Growth Share Matrix Clearly, CVS belongs to the Cash Cow section of the BCG Matrix. The aging population and health care demands contribute to the industry stable growth in terms of both market and sales. By the 2010, total annual sales should surpass $200 billion, with most of this growth claimed by chain pharmacies. In such a market the large players have slowly emerged and are in the position to protect their consumer base via mergers and acquisitions of the new and independent entrants. Thus CVS’ management team should concentrate on increasing market share and consider further expansion in both retail stores and in the on-line operations. Recommendations Securing market share and further expansion should be CVS first priority. Thus, in addition to maintaining the low cost advantage, the firm should invest into the ecommerce marketing to compete successfully with on-line retailers. These new services should be based on a rigorous research of consumer preferences, economic analysis, monitoring demographics as well as pay steadfast attention on competition that could use cost advantage strategy to attain the CVS market share through a system of discounts and special deals with PBRs. Thus, the firm’s pricing policy should be flexible enough as not to discourage the price-sensitive consumers and yet allow the company to sustain ever increasing product and service development costs. Also, mergers and acquisitions could be used by the company to its advantage. That would be following into footsteps of the CVS recent acquirement of Arbor Drug and Revco and comparable transactions performed by the CVS competitors such as Rite Aid acquiring Marco, Thrifty Payless, and K. The M practices make sense as they reduce competition, increase the customer base, and provide convenient locations for the existing customers. One of the main points in this respect is the necessity to create a unified customer database similar to the one operated by Walgreens that allow customers to access their prescriptions from any CVS store.

Financing New Ventures Assignment Example | Topics and Well Written Essays - 250 words - 1

Financing New Ventures - Assignment Example With such bans being effected by various airlines throughout the world, it translates to the loss of investment revenues. This bans implemented by airline also have serious consequences on crucial trade flows thereby making the prices of medicines and foods. To the investors this marks the beginning of hard times since their businesses both locally in the area that have been affected and abroad in the areas that have ban flights. Both direct and indirect consequence of the outbreak of Ebola has also contributed to the diminished tourism in the areas. The impact of Ebola outbreak is great, but its effect is will not last for long even though its impact will be felt. CDC is working to ensure Ebola outbreak is contained and controlled. With this great steps being taken by the necessary authorities, the fight against Ebola will win ion n the end. As an investor, even though the impact of this deadly disease has been felt worldwide, the process of investment has to continue. The outbreak of the disease is short term hence as an investor I will not pull out and will consider proceeding with my

Comparative Study of Existing ATM Systems and Systems for Small Literature review

Comparative Study of Existing ATM Systems and Systems for Small Payment Transactions Using Mobile Phones - Literature review Example With the development and advent of e-commerce, the mobile transactions have also evolved and gained much popularity in recent years. In several small payment transactions, uses of direct cash have changed by mobile payment systems. It provides users the advantage of using mobile phone for any kind of financial transactions such as bill payment or purchase goods. The increasing uses of ATM system and mobile technologies in payment have also increased the security risks. In present days, these electronic means of money transaction involve several security threats from illegal activities such as card trapping, swapping, cloning, phishing, shoulder surfing, and smishing among others. These activities result in loss of huge money and account information of users. The paper will describe the existing ATM system and small payment transactions by using mobile technology along with the security issues of these systems. Keywords: ATM System Security, Small Payment Transactions, Mobile Technolo gies. Table of Contents Table of Contents 3 Literature Review 4 Introduction 4 Existing ATM System 4 Small Payment Transactions through Mobile Technology 6 Mobile Transaction 7 ATM System Security 9 Conclusion 11 References 12 Bibliography 17 Literature Review Introduction Presently, ATM system can be found in almost every bank and financial institution and the uses are growing rapidly. The paper will describe the ATM system and several security issues of this technology. ATM stands for â€Å"Automated Teller Machine† which is a real time methodology having extremely complex design and operation. ATM technology has been developed through â€Å"Real-Time Process Algebra† (RTPA) systems and â€Å"Unified Data Models† (Wang, 2010). The static actions of ATM machine are indicated by Unified Process Models for processing money transaction and dynamic actions are indicated by process precedence allocation, process disposition, and report processing simulations. The AT M system never performs autonomously it should be controlled by some banks and requires specialized software and computer which is aimed for performing the money transaction operations. The software of ATM must support the electronic system of bank (Wang, 2010). Existing ATM System This theme will provide a brief description about ATM system, how it performs and its importance. This section is relevant for conducting the research as it can help the reader to understand the characteristics of ATM system. ATM system is most efficient in microfinance institutions (MFIs) (Whelan, 2011) which take money and help customers in numerous sites throughout non-office hours. The value of a single ATM machine is almost 22,600 Pounds (Approximately 35,000 USD) and needs dependable electrical and communication networks (Whelan, 2011). In today’s dynamic business environment, the excellence in service quality and flexibility has become imperious for organisations to survive. The progress of machinery has empowered banks to deliver superior services for enhancing customer satisfaction. This is the reason, majority of banks provide self service delivery system such as ATM in order to increase self-sufficiency in performing the money transactions. In the banking sector, ATM system acts as a pioneering service which provides diversified facilities such as money withdrawal, account transfer, cash payment, credit card notices, check book applications, and other monetary queries (Khan, 2010). The advancement of ATM system is

Features of Advocacy in Court

Features of Advocacy in Court Advocacy What is Advocacy? Advocacy is when a solicitor attends court to represent their client. In simple form, advocacy is the art of communication. A solicitor will attend court and do the very best for their client to ensure they achieve the best possible result. It involves public speaking, which can be quite intimidating when you first attend court. However, with practice and experience the task does become easier. You will find that the more appearances you make at Court, the easier it will become and the more you will improve and become more confident. Your oral communication skills will develop and so will your ability to put forward structured and coherent arguments Advocacy; the Legal Practice Course and Becoming a Trainee The Solicitors Regulation Authority, which regulates solicitors in England and Wales and governs and sets the standard for Legal Practice Course Providers, states that advocacy and litigation is compulsory part of the Legal Practice Course. Advocacy skills are therefore assessed in the context of civil and/or criminal litigation. The Solicitors Regulation Authority lays down the requirements for advocacy in the Legal Practice Course and they expect students to formulate coherent submissions based upon fact, general principles and legal authority in a structured, concise and persuasive manner. Preparation is crucial and the student needs to understand the importance of it. The Solicitors Regulation Authority states that for the purposes of advocacy students need to do the following:- Identify the client’s objectives Bear in mind client care and professional conduct issues in preparing and presenting the case Identify and analyse the factual material Identify the legal context in which the factual issues arise Apply the law to the facts Identify the strengths and weaknesses of the case from each party’s perspective. Present the case effectively. Outline the facts in simply narrative form Prepare the legal framework for the case Prepare the submission as a series of propositions based on the evidence. Identify, analyse and assess the communication skills and techniques used by other advocates. Demonstrate an understanding of the ethics, etiquette and conventions of advocacy. The above 12 points are skills that the student should acquire in order to be a competent and confident advocate. The Legal Practice Course will introduce the student to the general principles of advocacy. Advocacy is taught through role-play and simulation through the subjects of civil litigation and criminal litigation. For example, the student may have to conduct an application for an interim payment or summary judgment in the context of civil litigation and be able to represent either the claimant or defendant. In the context of criminal law, the student may, by way of illustration, have to act for either the defence or prosecution in an application for bail, a sentencing hearing etc. Following the Legal Practice Course and during the training contract the student will attend a Professional Skills Course. On the Professional Skills Course you will further develop your knowledge and skills of advocacy. During your training contract you should gain experience in preparing a case, conducting and presenting a case. Your advocacy skills will undoubtedly improve and develop in time. Solicitors’ Rights of Audience Under section 36 of the Access to Justice Act 2000 solicitors share with barristers a right of audience before every court. However, in relation to solicitors they are not able to appear as an advocate in higher courts unless they have satisfied the requirements of the Law Society’s qualification regime in relation to higher rights of audience. Solicitors can apply for higher courts qualifications and to do this they must pass written and practical examinations. Solicitors have automatic rights of audience in the Magistrates Court and County Court. In other courts such as the Crown Court and The High Court solicitors have limited rights of audience, although their rights of audience can be extended, as indicated above. Effective Advocacy Effective advocacy depends on two things; one is good preparation and the second is having persuasive oral communication skills. 1. Preparation By preparing thoroughly you will gain knowledge of both the facts in the case and also the relevant law. If you have thoroughly prepared then you will have the confidence to make an effective presentation. Be very familiar with the case by reading the file to ensure you are familiar with all of the facts. Ensure you have obtained all the evidence you require and explored all necessary avenues. Research the law to ensure you can back-up what you say and are confident that it is correct. For instance, if you need to make a bail application, you would need to be familiar with the Bail Act 1976 and be able to apply the facts of your case to the law. Preparation is therefore fundamental to successful advocacy. By going through all papers filed in the case and all of the evidence you will need to formulate your argument and decide what evidence to call and what evidence of the other side you need to attack or undermine. Careful planning will also allow you to establish which witnesses you need to call and the order in which they should be called to ensure that the witnesses are presented in an order that presents your theory of the case in the best possible way. Have a Theory You should have a theory of the case which is your version of the disputed facts. This will help you to formulate your argument and will help you decide what evidence you need to call. By having a theory it will help guide you through and will ensure you present your case effectively. Further, it will help you maintain a consistent and logical position throughout the case and will keep you focused. When formulating your theory for the case it is important that you do not do this too early in a case because if you do it too early you may discard alternative and stronger theories and ignore certain leads. Your theory should be close to the client’s account of events. It can also be useful if you consider what your opponent’s theory is likely to be as this will assist you in preparing for cross-examination. 2. What makes an Oral Presentation Persuasive? There are certain qualities a good advocate will possess which will make their oral presentation persuasive. The student will find they will develop these through experience. The student should bear in mind the following factors as they will enhance their oral presentation and ensure it is persuasive:- 1.  Eye contact By maintaining eye contact with your listener it will enhance your oral presentation. It will show you are confident and it will also allow you to assess the reaction your submission is having on your listener. For example, you will be able to see if the listener is becoming bored and, if they are, you will know you have to move on accordingly or change your stance. It will also allow you to see if you are losing their attention. In addition, by maintaining eye contact with the listener it will stop you from getting caught up in your notes and this will avoid your advocacy having a lack of authenticity. 2.  Voice Before talking take a deep breath as this will help you to relax and it will enhance the sound of your voice. Do not talk too loudly or too aggressively, or be too softly spoken. Ensure you talk loud enough to be heard and talk clearly. Your delivery needs to be interesting. It may be useful to record yourself and then replay it in order that you can assess your delivery and this will help you improve. 3.  Pace You will need to pace your submission correctly. It is important that you do not present what you say too slowly or too quickly. Do not read from a prepared script as you are more likely to read too quickly and as a result the listener will not be able to follow your argument. If you present your argument too slowly this can make your listener lose interest in what you are saying. In order to adopt the required pace again it is a useful idea to record yourself and replay it. 4.  Pause This can be a very effective device when you are doing your presentation. You should use it for effect. For instance, if you believe the listener is no longer listening to you, pause and this will regain their attention because they will wonder why you have stopped. In addition, if you have a particularly telling point to advance, make the point and then pause. This will enable the listener to consider the point and will create more of an impact. It will also enhance the impact of your overall presentation. 5.  Posture Stand up straight with your head slightly elevated. Do not slouch. By having the correct posture it will help you look more confident and having a good posture will enhance the quality of your voice and make you appear more relaxed. 6.  Distracting mannerisms You may have distracting mannerisms but be unaware of what they are. It is worth recording yourself making an oral submission in order that you can consider whether your body language detracts from the message you are putting across. Distracting mannerisms could be, for example, fiddling with something in your pocket, clicking your pen, touching your face or hair. You may be doing these things subconsciously. When playing the recording consider whether you do any of these when making a submission and consider do you look relaxed and confident. You need to ensure that you do not have any mannerisms which distract from the message you are trying to put across. 7.  Structure Ensure your presentation is structured and this will make it persuasive. When planning your presentation devise a structure. This will ensure you do not repeat anything. When preparing your submission ensure it has a beginning, middle and end. Keep your submission concise. Avoid reading out sections from statutes and case law. Instead, highlight the relevant part of the statute/case and hand them to the judge/bench to read and simply refer to them and summarise the key points of the case/statute. 8.  Brevity Always try to keep your submission to the point. The court’s time is very precious. Through careful preparation and by having a logical structure in place will assist you in keeping your submission concise. 9.  Persona As mentioned above, it is important that when you are appearing as an advocate that you look confident. Even though you will probably be very nervous, anxious and not very confident when first attending court, you must try to look confident. By dressing appropriately, in a smart suit, you will look the part and this will help with your confidence. Further, by looking the part the client will have confidence with you and you will convey the correct impression to the court. Remember that first impressions count. Be organised and this will help ensure your composure and professionalism come across. 10.  Language Bear in mind that words can be a very powerful tool with which to covey a message. Carefully choose your words and consider whether there is a more powerful adjective which will advance the point you are trying to make. When making your submission try to use language which involves the listener. For example: ‘Sir, if I could refer you to the prepared map of the road. This identifies where the collision occurred’. Professional Ethics Solicitors owe a duty to their clients to do the best for them. In addition, solicitors owe a duty to the court and the administration of justice. A solicitor owes a duty to the court to act with independence and in the interests of justice. A solicitor must never deceive, or knowingly/recklessly, mislead the court. For instance, if a client admitted to having misled the court in any material matter relating to the ongoing proceedings a solicitor must not act further in those proceedings unless the client agrees to disclose the truth to the court. A typical example of this would be where the client has misled the court by pleading not guilty when he admits he has misled the court because he has told you he is guilty. If the client admits his guilt to you, you cannot continue to act on the clients behalf because you would be deceiving/misleading the court. Etiquette You need to be familiar with the etiquette of the court you are appearing before, such as the correct way to address the court, your opponent and witnesses. The following details the ways you should address the bench, the other side and witnesses:- Addressing the Bench You should address members of the bench in the following ways: A Bench of lay magistrates should be addressed as Your worships’ or ’Sir/Madam and your colleagues. A circuit judge/recorder should be referred to as Your Honour A district judge of the High Court and County Court should be addressed as Sir or Madam A master of the Supreme Court or a taxing master should be addressed as Master Addressing the other side If the person representing the other party is a Barrister you should refer to them as my learned friend. If the other party is represented by a solicitor you should refer to them as My friend. If the other party is acting as a litigant in person you should refer to them as the claimant/defendant or Mr/Mrs/Miss .. Addressing witnesses You should address witnesses directly as Mr/Mrs/Miss .. etc. If the witness is a child they should be addressed by their forename. Presenting the Evidence To establish and enhance the credibility of your case, ensure your evidence is consistent with the established facts, common sense and within itself. If one of your witnesses gives inconsistent evidence this will cast doubt on the remainder of their evidence. By way of an example, a witness says that X was wearing an orange t-shirt at the scene. In his evidence X denies he was wearing an orange t-shirt because he does not have one. The prosecution then produce CCTV footage showing X wearing an orange t-shirt. This would cast doubt on X’s statement and it will also undermine the whole of his testimony. You therefore need to ensure that your evidence will be consistent to avoid it being undermined. When planning your submission you need to consider which witnesses to call and the order in which they are called. In doing this, remember that this order needs to develop your narrative as your witnesses are telling your story. When considering the order in which to call your witnesses remember that your story needs to be presented in a logically progressive way. This will make it easier for the listener to follow and understand your case. Do not be too stringent however in deciding the order in case any last minute problems arise. You need to be able to adapt your evidence accordingly. Once you have decided the order in which your witnesses will appear, you need to think about your questions. Examining Witnesses Examination-in-chief This is where you obtain evidence from your own witnesses. You need to ensure that your witnesses give clear evidence and that they do not talk too fast in order that notes can be taken. Ensure the witness faces the Judge when answering questions and is not looking at you. This will enhance the quality of their evidence. When asking your witnesses questions, you need to try to elicit from them only the evidence that is relevant. Always therefore bear in mind why you are asking your witness a particular question and what is you want to hear from them. Leading Questions During examination-in-chief the solicitor advocate is forbidden from asking their witnesses leading questions. A leading question is one which requires a ‘yes’ or ‘no’ response. In its phrasing it suggests its own answer. By way of an example, was the man wearing a red and white jumper? By suggesting the answer to the witness you reduce the witness’ impact. Leading questions are forbidden in examination-in-chief because the solicitor is not allowed to lead their witness and in effect put words into their mouth. When you call your own witness you hope and expect that they will provide evidence that is favourable to your case and will ‘come up to proof’. As a general rule when you ask your witness questions you should phrase your questions using simple words and phrases to ensure the witness fully understands what you are asking them. When questioning your witnesses consider using points of reference to add variety to your questioning and to move the witness along from one episode to the next. For example, ‘can you tell us what happened after you saw the car swerve?’ Unfavourable and Hostile Witnesses You will, at any early stage in the proceedings, take statements from each of your witnesses. When a witness is giving their evidence through examination-in-chief you would expect them to give answers consistent with their previous statement. However, in some situations a witness does not give the answers expected of them. The witness can then be declared either unfavourable or hostile. Unfavourable Witnesses An unfavourable witness is one whose testimony does not advance the case of the party who called him, despite the witnesss best intentions. A witness will be unfavourable if they cannot recall some of the facts about their testimony. If you come across an unfavourable witness you can ask the court for leave for the witness to refresh his memory by reading his previous statement. It is very often the case that cases come to trial many months after the witness has provided a statement. Therefore, it is important that before your witness gives their evidence that they have the opportunity to read their previous statements to refresh their memory so that when they are being asked questions they are familiar with what they said in their original statement. They are then less likely to become an unfavourable witness and will hopefully enhance the strength of your case. If after reading their previous statement the witness still cannot recall the facts then you canno t assist your witness by putting leading questions or prompting them. You should instead try to get the witness out of the witness box as soon as possible. Hostile Witnesses A hostile witness is different from an unfavourable one. Whilst an unfavourable witness can be potentially damaging to your case, a more serious situation is having a hostile witness. A witness will be ‘hostile’ if the evidence they give is harmful to the side calling them and it conflicts with the expectations of that side. A hostile witness will have no desire to tell the truth and support the case of the party calling him. An example of a witness being hostile is a witness who has deliberately changed their evidence since they made their original statement. The party calling this witness can ask the Judge to grant leave to treat them as a hostile witness. Open and Closed Questions You can ask your witnesses a variety of open and closed questions. To obtain the information you require from a witness it will be necessary to use for example closed questions to establish the background and set the scene and to bring out details or emphasise a particular part of the story. Open questions will be necessary to allow the witness to freely tell their part of the story or to turn their attention to a subject and then ask the witness to talk about that subject. If you ask more closed questions, you will have greater control. However, what type of questions you ask will depend on the witness. Cross-Examination This is the process of questioning your opponent’s witnesses. The purpose of cross-examination is firstly to establish and advance you own and case and secondly to attack the other side’s case. Before you cross-examine a witness you need to consider whether the evidence they have provided in chief is harmful to your case. If you establish that their testimony has not been harmful then you need to conduct a constructive cross-examination showing that he/she is to be trusted. There is little point in trying to undermine a witness who has provided favourable testimony. On the other hand, if a witness’ testimony has been harmful to your case then in cross-examining them you will seek to either challenge their evidence as inconsistent, improbable or unrealistic, or you will challenge the witness as mistaken or untruthful. If you decide to undermine a witness you need to elicit from them the favourable evidence they provided first and then continue to discredit them. I t is important that when cross-examining witnesses that the questioning is constructive to obtain support for your story and destructive questioning to challenge a version of the story which is not accepted by you. The cross-examination of witnesses needs to be structured and this can be achieved through appropriate planning. Your cross-examination will be structured if you follow the following steps:- (i) Keep your cross-examination to four points which support your theory of the case. This will strengthen your argument (ii) Make your strongest points at the beginning and end of your cross-examination as these are the points likely to remain in the mind of the listener (iii) Anticipate what the answer will be before you ask the question. The purpose of cross-examination is to obtain favourable facts and minimise the impact of the evidence-in-chief. (iv) Do not write a script which you follow as this will not allow you to respond effectively to the witness and will weaken your argument. (v) If the witness says something you do not agree with do not argue with them as this undermines your own credibility and will ultimately impact upon your case. If you are pleasant and courteous to the witness, the witness should relax and cooperate with you. (vi) Do not ask the witness open questions as this gives them the opportunity to say what they like. You need to ensure that you ask closed questions or leading questions as this can help you keep control of the witness. (vii) If the witness during the examination-in-chief has said something which favours your case, then during the cross-examination you should make the witness repeat it for emphasis. (viii) You should put your version of the case to the witness and give them the chance to accept or deny it. As indicated above, one part of cross-examination is challenging the opponent’s case. This involves either discrediting the evidence or discrediting the witness. When cross-examining a witness you need to bear in mind that most of them are not lying. They are often trying to provide an account of the events as they saw them. You should therefore be careful if you decide to attack them as untruthful. It is best to focus upon the manner in which they saw the event. For example, from a distance, poor weather conditions, only got a quick glimpse of the event etc. You should then ask leading questions which suggest to them that they may have mistaken what they saw. In addition, you should look for any inconsistencies with what a witness has said during the trial and what they have said in a prior statement. If you notice any differences, you should ask the witness to repeat the fact which they gave in evidence-in-chief and the read out the part of the previous statement which is in consistent and ask the witness if they made that statement. This will show that what the witness has said is inconsistent and it is will assist you in challenging the opponent’s case. Differences between examination-in-chief and cross-examination With examination in chief the witness is allowed to tell their side of the story. In cross-examination you do not want the witness to tell the story. You indicate the point you wish to make and put it to the witness. Leading questions therefore are used in cross-examination. Leading questions provide for effective cross-examination because the facts are supplied by the advocate instead of the witness and the advocate has most of the control in order to get to the point they want to make. During cross-examination you do not want a witness to tell their story, you want them to verify the particular matters that you put to them. Examination of Experts One of the first questions to be asked to an expert witness in examination-in-chief will be to establish their credentials as an expert in the particular field. You need to consider what the expert says in his report and put questions to him. An expert’s testimony can sometimes be difficult to attack because an expert’s testimony primarily consists of opinions and conclusions. It does not consist of fact. If you do not agree with the testimony of the expert you will need to challenge it by asking the expert appropriate questions. If the export supports your case, you will need the expert, in his oral testimony, to answer questions which show how the experts support your case to enhance your overall argument. Re-examination Once a witness has given their evidence-in-chief and been cross-examined by the other side the solicitor may re-examine their witness. The purpose of re-examination is to give the witness an opportunity to explain any matters raised during cross-examination and is therefore limited to only those matters that were raised during cross-examination. It is not another opportunity to go through the evidence provided. An example of when re-examination might be necessary would be where the cross-examination has perhaps shown the witness’ testimony to be muddled and confused. Alternatively, you might want to use re-examination if during the cross-examination inconsistencies have appeared between a witness’ testimony and a prior statement. You can use re-examination to highlight flaws and/or inconsistencies in the other side’s case or alternatively to attempt to correct anything during cross-examination which potentially could be damaging to your case. Opening and Closing a Case If opening a case you should always introduce yourself and the other side to the Court. For example: Your Honour/Sir/Madam/Master I appear in this case for the Claimant and my friend Mr/Miss/Mrs.†¦Ã¢â‚¬ ¦ appears for the Defendant. Civil Matter In a civil trial the claimants solicitor will make the opening speech. The opening speech involves taking the judge through the statements of the case and providing an outline and guide to your case. It should provide a summary of the evidence that will be produced and should not go into any details in relation to the content of the testimony. The opening speech will detail the issues to be decided and you should provide a summary of the facts that you seek to establish. However, in the county court the defendants solicitor can make the opening speech and if they do they are not entitled to make a closing speech, without the leave of the court. You should hand the judge a bundle of documents and take him or her through the chronology of the matter to provide the judge with a picture of the events in the case. The opening speech should be lively and interesting to engage the court. You should use plain language and use eye contact to build rapport with the judge. You should refer to y our client by his or her name in order to personalise them, and refer to the other side, for example as the respondent/defendant etc. Following the opening speech the claimant will give their evidence. This is done by oral examination and the sequence of the questioning is examination-in-chief of the claimants side (to include witnesses), cross-examination by the defendants side, re-examination. The defendant will then give their evidence and can make an opening speech. The judge can, however, dispense with this, particularly in fast-track cases. The sequence of questioning for the defendants evidence (to include witnesses) is examination-in-chief by the defendants side, cross-examination by the claimants side and re-examination. The defendant may make a closing speech and the claimant will then make a closing speech. In a civil matter the claimants solicitor will always have the final word. The closing speech is your final attempt to address the court. It should integrate the evidence the court has heard with your theory of the case and present your underpinning argument. In your final speech you should rebut or explain the evidence that weakens your case and explain how the law applies. If in your opening speech you raised questions, then in your final speech you must answer them based upon the evidence that has been heard. The closing speech should be well structured, be easy to follow and sum up the major points. Criminal Matter In criminal matters the prosecution have the right to make an opening speech. If it is a simple case then very often the Prosecution will forgo an opening speech. If the Prosecution do decide to have an opening speech it should be kept brief. It should provide a non-contentious summary of the case. The Prosecution then proceed to present their case. After their evidence has been heard the defence have the opportunity to give an opening speech and the present their evidence. If the defence decide to make an opening speech it should start with a comment on the evidence given so far by the prosecution, then provide an outline of the evidence to come and conclude with a summary of the questions that they think need to be answered. The closing speech is the final attempt to address the court. It needs to integrate the evidence that has been heard with your theory of the case. Both the Prosecution and the Defence have the opportunity to give a final speech. The closing speech should be short, but long enough to cover the ground and make any final impact.

Agribusiness – Essay

The word agriculture indicate plowing a field, planting seed, harvesting a crop, milking cows, or feeding livestock. Until recently, this was a fairly accurate picture. But to days’ agriculture is radically different. Agriculture has evolved in to agribusiness and has become a vast and complex system that reaches for beyond the farm to include all those who are involved in bringing food and fiber to consumers. Agribusiness include not only those that farm the land but also the people and firms that provide the inputs (for ex. Seed, chemicals, credit etc. ), process the output (for ex. Milk, grain, meat etc. , manufacture the food products (for ex. icc cream, bread, breakfast cereals etc. ), and transport and sell the food products to consumers (for ex. restaurants, supermarkets). Agribusiness system has undergone a rapid transformation as new industries have evolve and traditional farming operations have grown larger and more specialized. The transformation did not happen over night, but came slowly as a response to a variety of forces. Knowing something about how agribusiness came about makes it easier to understand how this system operates today and how it is likely to change in the future. Initially agriculture being the major venture it was easy to become a farmer, but productivity was low. Average farmer produced enough food to feed just four people. As a consequence most farmers were nearly totally self-sufficient. They produced most of the inputs they needed for production, such as seed, draft animals, feed and simple farm equipment. Farm families processed the commodities they grew to make their own food and clothing. They consumed or used just about everything they produced. The small amount of output not consumed on the farm was sold for cash. These items were used to feed and cloth the minor portion of the country’s population that lived in villages and cities. A few agricultural products made their way into the export market and were sold to buyers is other countries. Farmers found it increasingly profitable to concentrate on production and began to purchase inputs they formerly made themselves. This trend enabled others to build business that focused on meeting the need for inputs used in production agriculture such as seed, fencing, machinery and so on. These farms involved into the industries that make up the â€Å"agricultural inputs sector†. Input farms are major part of agribusiness and produce variety of technologically based products that account for approximately 75 per cent of all the inputs used in production agriculture. At the same time the agriculture input sector was evolving, a similar evaluation was taking place a commodity processing and food manufacturing moved off the farm. The form of most commodities (wheat, rice, milk, livestock and so on) must be changed to make them more useful and convenient for consumers. For ex. consumers would rather buy flour than grind the wheat themselves before backing a cake. They are willing to pay extra for the convenience of buying the processed commodity (flour) instead of the raw agriculture commodity (wheat). During the same period technological advance were being made in food preservation method. Up until this time the perishable nature of most agriculture commodities meant that they were available only at harvest. Advance in food processing have made it possible to get those commodities all throughout the year. Today even most farm families use purchased food and fiber products rather than doing the processing themselves. The farms that meet the consumers demand for greater processing and convenience also constitute a major part of agribusiness and are referred to as the processing manufacturing sector. It is apparent that the definition of agriculture had to be expanded to include more than production. Farmers rely on the input industries to provide the products and service they need to produce agricultural commodities. They also rely on commodity processors, food manufactures, and ultimately food distributors and retailers to purchase their raw agricultural commodities and to process and deliver them to the consumer for final sale. The result is the food and fiber system. The food and fiber system is increasingly being referred to as â€Å"agribusiness†. The term agribusiness was first introduced by Davis and Goldberg in 1957. it represents three part system made up of (1) the agricultural input sector (2) the production sector and (3) the processing-manufacturing sector. The capture the full meaning of the term â€Å"agribusiness† it is important to visualizes these there sectors as interrelated parts of a system in which the success of each part depends heavily on the proper functioning of the other two.

Legalization of Marijuana Essay

The fight to legalize marijuana has been going on for decades now and looks to have no end until the result is that it’s legal. My fight would be for it to be legalized as well. Simply because it’s a drug with more benefits then harm. In some states, and other countries it’s already legal and doctor approved which I believe needs to be applied everywhere. Marijuana users will not stand for marijuana probation, no matter how long it takes, punishments or consequences. One might say press the issue! Make harsher laws! These prohibition views have failed to silence users. Marijuana legalization is a persistent issue that will not just go away. I believe it will be legalized because users are willing to continue to fight until they succeed. This will eventually open people’s eyes that the drug is not all bad. Marijuana has positive attributes; a medical value with very mild side effects. Many people use it because they see it good for them especially those suffering ailments. It relieves pain, nausea, spasticity, and other symptoms for many individuals who have not been treated successfully with conventional medications. I agree that if we do legalize it just for medication that it would leak to other users. But in today’s society many American adults prefer marijuana over alcohol as a way to relax, it has a lot less side effects then alcohol. The use of marijuana in America is a choice that comes with a relatively low dependence rate. Most people develop a tolerance to side effects, and those who don’t usually stop using drugs. Most Americans decide that the benefits of the drug outweigh the risk which the greatest risk is low risk arrest. Legalizing the drug can have more benefits to our county then harming it. If marijuana was legal we could put a tax on it, to make a profit on it. If we look at our crime rate, our law enforcement has more important responsibilities than arresting 750,000 individuals a year for marijuana possession. By doing this we waste jail space, clog court systems, divert time of police, attorneys, judges, and corrections officials away from violent crime. When I say violent crimes I mean being able to focus on the sexual abuse of children, terrorism and other more dangerous crimes. For my study I looked for a country that has legalized marijuana and their reasons for doing so. I found that it is a common knowledge throughout the world, that in Amsterdam you may just enter a coffee shop and buy drugs; you will be handed a menu with drugs of the day, and there might be even a special on the menu. It is all accessible, for four joints you will pay the same amount for twenty cigarettes. Marijuana is legal in Amsterdam because the government there realizes that it is much easier to control when they make it publicly available. This way they can tax it to generate state funding and ensure that they know where it is and who’s using it. It’s a much more liberal approach than prohibition, which causes any controlled substance to go immediately underground and leaves the government’s jurisdiction. Marijuana being illegal is much like the prohibition of alcohol. The Prohibition was a period of nearly fourteen years of U.S. history in which the manufacture, sale, and transportation of liquor was made illegal. It led to the first and only time an Amendment to the U.S. Constitution was repealed. And unlike alcohol and any prescription drugs, marijuana is not lethal. A study in 2009 by U.S. Department of Health and Human Studies published that 69.7 million Americans are current users of tobacco products, 15 million Americans abuse alcohol, and only 4.2 million Americans abuse Marijuana. Everyday 1,000 people die from smoking related illnesses, 550 die from alcohol related accidents and diseases, and less than 20 die of drug related causes. American adolescents use Marijuana twice as much as their counter parts in Holland where Marijuana is legal. It seems that the temptations to do what you’re not supposed to do are too strong to resist. In conclusion, marijuana should be legal. If we are going to continue to offer these drugs that are more harmful then marijuana then why band one that helps? If continuing to keep marijuana as an illegal substance then users are willing to continue to fight. Like the prohibition of alcohol I don’t believe this fight will end until the users win. Maybe they will think their decision over, and realize it would help us more then it harms us.