McMinn 4MAT review Essay - 1817 Words

1 Summary: After listing the name of the book and author, summarize the book concisely in 500 â€Å"tight† words (no more than 2 pages). Prove that you comprehend the reading by writing a no-nonsense summary. The summary is not a commentary or listing of topics, but rather a heartfelt, condensed, insightful synopsis of the longer, more elaborate book. Cite the book in text at least once per paragraph, and include page numbers for direct quotations. Mark McMinn’s book, Psychology, Theology, and Spirituality in Christian Counseling, 1996, brings theology, Christian spirituality, and psychology into the counseling responsibility. Faith, true, honest, heartfelt faith is his unceasing, steady, melody. McMinn just doesn’t just focus on†¦show more content†¦Relate your story in first person, describing action and quoting exact words you remember hearing or saying. In the teaching style of Jesus, this is your own parable, case study, and confession. You will remember almost nothing you have read unless you make this critical, personal connection. When reading the book, what video memory began to play in your mind? This is your chance to tell your story and generate new ideas In the beginning I understood my Christin faith as an academic. I did as I was told, I read my bible, and I followed the Ten Commandments as any teenager does; when it suited me. I wasn’t a horrible teenager, I was raised in a small farm community that really didn’t understand someone with a vole at the end of their name, or someone who wanted to walk to the library and read rather than hang out on the steps of the malt shop/gas station. My formative years were the 1960’s. There was so much conflict and rebellion and hatred. By the time I graduated and was supposed to go out and make my way I was thoroughly confused with and rebellious. Problem was I wasn’t sure what I was rebelling against; the â€Å"rebel without a clue.† But, in the end I wound up being a successful trial attorney; I even ran for Congress! I became a Master of the Universe; I was a Goddess that walked on the earth. I believed that God already had enough on his plate, wars, famine, disease, atrocities; why should I plague Him further? After all, the Bible says: â€Å"God

Essay on Communication - 1632 Words

Communication In organisation the employees communicate in different ways, every single day. They have talk in meetings, have group discussions and negotiate over the telephone, they write memos, emails, draft letters, reports, and sending faxes in emergencies. The organisation gives out the advertisement in TV, posters, in store advert and many more count as communication, Communication is most important base for develop the business, the communication with other department give the right idea of where is business is, this kind of meeting need to held most often in organisation like SPACE, a medium organisation like that have to keep up to date with it’s different departments. Communication in business can be both formal†¦show more content†¦- It is costly in terms of secretarial effort, reproduction costs, and delivery time. Informal Communication: Informal communication is based on the realization that an agency cannot be effective without personal interaction among workers and their voluntary support of organization goals. Informal communication is personal, unofficial, and mostly verbal. Purposes: The purposes of informal communication are to educate through information sharing, to motivate through personal contacts, and to resolve conflicts through participation and friendship. It seeks to involve workers in organizational matters as a means of maintaining their enthusiasm, loyalty, and commitment. Advantages of informal communication: Proponents of informal communication advocate its use for the following reasons: - Informal communication is less official and less threatening. It can therefore enhance the flow of new ideas and plans without the fear of ridicule or punishment. - Informal communication is personal, which imbues it with the enthusiasm and zeal of the participants rather than dry, bureaucratic logic. Disadvantages of informal communication: On the other hand, informal communication is not a solution for all organizational ills. Opponents of informal communication make the following arguments against its use. - It is too loose and therefore difficult to define or apply systematically. - It can result in the spread of inaccurateShow MoreRelatedUnderstanding Communication : Communication And Communication1345 Words   |  6 PagesHANDBOOK UNDERSTANDING COMMUNICATION TYPES OF COMMUNICATION METHODS OF COMMUNICATION INTERPERSONAL COMMUNICATION STYLES COMMUNICATION STYLES COMMUNICATION ROADBLOCKS HOW TO OVERCOME COMMUNICATION ROADBLOCKS THE DO’S AND DO NOT’S OF EFFECTIVE COMMUNICATION HOW TO LISTEN EFFECTIVELY CONTENT PERTINENT TO SPORT STUDIES SYLLABUS SHELL PORTFOLIO EXIT EXAM STUDY GUIDES 3 AND 4 YEAR PLANS FOR MAJORS WRITTEN COMMUNICATION CHECKLIST ELECTRONIC COMMUNICATIONS PURPOSE OF THE COMMUNICATION HANDBOOK TheRead MoreCommunication Is The Science Of Communication1066 Words   |  5 PagesCommunication is important to strive in life, as well as, in integrated marketing communication. 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Mass Crime Lab Case Free Essays

Former Massachusetts State Crime Lab chemist, Annie Dookhan, has been indicted on twenty-seven counts of tampering with evidence, perjury, and obstruction of justice after a legal fallout that has jeopardized thousands of drug cases (Smith). Dookhan admitted to â€Å"dry-labbing† (distinguishing a sample is a narcotic based on appearance instead of actually testing), altering test results, and â€Å"deliberately turned a negative sample into a positive for narcotics a few times†. Another way in which she tampered with the testing samples was by exaggerating the weight of seized drugs in order to cause the accused party to receive harsher penalties. We will write a custom essay sample on Mass Crime Lab Case or any similar topic only for you Order Now As a result of the chemist’s actions, many innocent people have served jail time, while deserving criminals were let off the hook. Even though her coworkers and supervisors were suspicious on several occasions throughout the course of several years, she was not caught until 2011 when she admitted to forging a colleague’s signature on paperwork. It was not until this action, that she was finally suspended from her duties (The Living Case). The next thought that occurs to someone reading this story is â€Å"Why†. What would possess someone to risk his or her job and credentials? It is hard to understand what exactly would motivate Annie Dookhan to commit this type of crime considering that her life was not directly impacted by the fates of the defendants her samples belonged to. Frederick Herzberg’s motivation-hygiene theory, also known as the two-factor theory, could be applied in this case. Lab executives leadership style Crime labs would be better served if they were operated privately and contracted by states rather than run by a police department. There is cause for concern when a state prosecutor has intrinsic ties to the people testing the evidence he or she needs to convict a felon. It is an absolute conflict of interest to have a crime lab under the control of the police. Northeastern University law professor Daniel Medwed said, â€Å"There are often implicit pressures [on crime lab technicians] to help out prosecutors – to testify in cases in a way that supports their perceived colleagues in law enforcement† (The Living Case). As a result of the outcome of the Melendez-Diaz v. Massachusetts case, chemists are now required to be present at the trial of the substance they tested in order to be cross-examined on their testimony (Melendez-Diaz v. Massachusetts). Bearing in mind that their testimony carries a lot of weight in a trial, chemists should remain separate so that issues of prejudice or bias arise. Aside from that issue, being run be the state police produces problems in relation to the management of the crime lab reporting any errors in testing that may occur. The leaders may feel that exposing problems would only increase a backlog of paperwork and further testing as a result of an internal investigation. In this case, it does not seem that the leadership was affected by police involvement as the lab was run by the Department of Public Health during the period of the incidents. Sources: * I was unsure how to cite the case given to us as most of my information is derived from there, and I did not see where Kirkman provided source information. * http://www.supremecourt.gov/opinions/08pdf/07-591.pdf * http://www.npr.org/2013/03/14/174269211/mass-crime-lab-scandal-reverberates-across-state How to cite Mass Crime Lab Case, Papers

Best Business Structure Companies Partnership

Question: Describe about the Best Business Structure for Companies Partnership. Answer: 1. After analyzing the fact the question to be determined is what will be the best business structure for the business of Jack, Jill and Max? It is submitted that in Australia, there is no single business structure that can be formed. Generally, there are three basic business structures that are available, that is, sole trade ship, a partnership and a company. A sole trade ship is carried out by a single person whereas a partnership is an association of two or more than two person who carry business with the main aim to earn profit. But, a company can be formed only when the same can be registered. (Ibp 2009) It is submitted that since there are three people who want to run a business, that is, Jack, Jill and Max, thus, a sole trade ship is not possible. Thus, a choice has to be made amid partnership and a company. It is now submitted that if a partnership is created then there are few advantages: (Seal Penrith 2008) It is very simple to establish; Cheap and less complicated; Since only partners are involved thus there is presence of confidentiality; Tax gains; Professionalism is achieved. But, there are few disadvantages: (Seal Penrith 2008) All the partners are agents of the firm and of each other and any action of one will lay upon others. Thus, the liability created by one will be borne by all other partners; The liability of the partners is unlimited and their personal assets can also be acquired to set off the liability of the firm; Dissolution is very easy; Chances of conflict are high as every partner is involved in the business. Likewise, there are various advantages that are associated to a partnership: (Gillies P 2004) A company has a separate legal entity and thus a company is distinct from its members. So any act which is carried out is in the name of the company only and the member will not be held accountable; the liability of the members is limited and thus their personal assets cannot be acquired for the debts of the company; A company can sue in its own name; property can be acquired by the company in its own name. Also, there are few disadvantages: The formation of company is very complex and costly; A company is not a citizen thus cannot seek the rights of a citizen. Opinion After comparing the pros and cons of both the partnership and the company, it is submitted that Jack, Jill and Max must establish their business by way of a company. The opinion is provided after considering various factors. Such as: If a company is established then there liability will be limited, The company has perpetual scission and dissolution is not easy, The transferability of shares are easy, There are tax advantages, Experts can be employed for the better performance of the company. It is thus concluded that the advantages of a company are much more and the disadvantages are much less when compared with a partnership. Thus, Jack, Jill and Max should formulate a company. 2. Issue There are two major issues that are raised in the given scenario. What types of corporate liability can Child Toys Pty Ltd be exposed to because of Bettys actions? How can Child Toys Pty Ltd take possible legal action against Charles because of his actions? Relevant law When a company is formulated then the person who manages the affairs of the company are called directors and other person who act on behalf of the director are called his agents. When an agent acts on behalf of the company then he can bind the company by his actions provided the actions are undertaken within his authority. There are two kinds of authority that can be imposed upon the agent of the company, such as, the authority which are expressly allotted are express authority and the one which are provided by implication are called ostensible authority (Freeman and Lockyer v Buckhurst Park Properties (1964). Any action which is undertaken by an agent under his authority will be held liable upon the principle. (Thampapillai, 2015) Now, if any contravention is undertaken by an agent then it is the company and its director who are held answerable for the same. In law, the concept of corporate liability that prevails which imposes liability upon the company for the actions or omissions undertaken by the person employed by it. A company is not a real person but is an artificial person in the eyes of law thus a company can be vicariously held liable for the actions which are undertaken by its agents which are employed by them. There are two kinds of corporate liabilities that can be imposed upon the corporation, such as: Criminal liability some of the criminal liabilities that can be imposed are Imprisonment, Fines and Community service orders Civil liability some of the civil liabilities includes Injunctions and damages Further in law, the clause which limits the actions of the person to undertake an activity which is similar to some other activity for some specific time limit are called non-compete clause. The clause to be valid must be reasonable and not against public policy. A clause is valid if protects the legitimate interest, confidentiality and good will of the company. If such clause is valid then penalties can be imposed such as, damages, compensation or injunction. (Tomasic et al. 2002) But, when in order to avoid the application of a non-compete clause, a person incorporates a new company under different name but carrying out the same business then can such clause is said to be violated. It is held that once a company is formed then it is distant from its officers and the actions of the company will not made the officers liable for the same. But this separate legal personality can be pierced if the sole intention of the forming company is to incur fraud, that is, avoidance of non-compete clause. The same was held in Gilford MotorCo Ltd v Horne (1933), wherein the directors and shareholders of the company are not considered as distinct from the company because the main object of establishing a company was to incur fraud, that is, avoidance of non-compete clause and thus the veil of the company was priced considering the company and its officers and one. Application of law The law is now applied to the facts of the case. Marty is the director of Child Toys which makes and sells cheap toys. Betty is the sales person and has promised the customers that the plastic used in the toys is not harmful which a false statement was. One of the children was injured because of the harmful chemical in the toys. Betty was the agent of the company which has the sole director Marty. Betty was acting within the express authority provided by the company and thus any liability raised by Bettys action will be imposed upon the company. Thus, because of Bettys action there are corporate liabilities that can be raised upon the company. In such situation, the company can be imposed with both criminal and civil liabilities, such as, injunction, damages, fines, imprisonment to the directors of the company by making them personally liable for the action so caused. Also, Charles was the operations manager of the company for last five years. He is fully acquainted with the identity and the requirements of the companys major clients. He decides to retire in March. The company has entered into a non-compete clause with Charles according to which he cannot compete with the company for two years. It is submitted that the clause was valid as the same is only for a limited time periods and is not against public policy. The clause is valid because if the same is contravened by Charles then it will hamper the confidentiality and good will of the company. However, Charles and his wife May has started a company in June under the name of Better Toys Pty which competes with Child Toys. Both May and Charles are the shareholders and May is the sole director. It is submitted that in such situation, the veil of the Better Toys Pty should be pierced and the company and its shareholders and directors must be treated as one because the main aim of incorporating Better Toys Pty is to avoid the non-compete clause imposed upon Charles. Thus, a fraud is conducted by Charles in the name of Better Toys Pty. Thus, there is full applicability of the non-compete clause. Conclusion It is thus concluded that the company must be held liable for both criminally and civil liability for the actions undertaken by Betty on behalf of the company. Also, Child Toys can take legal actions against Charles by piercing the veil of Better Toys Pty and treating the company and Charles as one and a same person. Reference List Harris et al (2012) Australian Corporate Law, 5th edition, Chapter 3, 7, 8 by Lexis Nexis Freeman and Lockyer v Buckhurst Park Properties (1964). Gilford MotorCo Ltd v Horne (1933). Gillies P (2004) Business Law, Federation Press. Ibp U (2009) Australia Company Laws and Regulations Handbook, Volume 1, Int'l Business Publications, 2009. Seal Penrith (2008) Live Work in Australia, Crimson Publishing. Tamasic et al (2009) Corporations Law in Australia, Federation Press Thampapillai et al. (2015) Australian Commercial Law, Cambridge University Press.