The Constitution Of The United States - 1239 Words

1.Prior Knowledge †¢The colonies declared independence in 1776, after many violent battles against the British. †¢Colonists became angry after the British increased taxes on tea, ink, and paper. This resulted in revolts and boycotts that later turned into battles. †¢Over 20 battles occurred before independence was granted. †¢The British was losing power in the colonies after over half of their soldiers were killed. †¢News traveled slow resulting in a battle being fought after the British. †¢The constitution is about our rights and freedom. 2.Outline (pgs. 39-44) I.Introduction A.What Government Does and Why it Matters 1.Some major elements of the Constitution are liberty, equality, and democracy. 2.Framers - delegates to the delegate’s convention and helped draft the constitution of the United States. 3.The purposes of government are to encourage justice, sustain peace at home, to defend the nation from foreign invaders, provide welfare and to secure freedom. 4.The constitution has a plan for achieving its objectives by using 3 different branches of government. These branches are Legislative, Executive, and Judicial. 5.Legislative - made up of the two houses of Congress (the Senate and the House of Representatives), and makes laws. 6.Executive - President is part of this branch, signs bills into laws. 7.Judicial - oversees the court system of the U.S., interprets the Constitution and laws passed by Congress; and the highest court is the SupremeShow MoreRelatedThe United States Constitution And The Constitution Essay1491 Words   |  6 PagesThe United States Constitution, this very detailed group of words was written in 1787, but it did not take effect until after it was ratified in 1789, when it replaced the Articles of Confederation. It remains the basic law of the United States then and till the present day of 2016. The first state to ratify the Constitution was Delaware; the last of the original thirteen to ratify was Rhode Island and since only nine were required, this was two years after it went into effect. When the U.S. ConstitutionRead MoreThe Constitution Of The United States Constitution Essay1185 Words   |  5 Pages(framers’ of the U.S. Constitution) position on the Presidency: The framers experienced the abuse of the English monarchs and their colonial governors. As a result, the framers were skeptical of the excessive executive authority. Furthermore, they also feared excessive legislative powers. This was something that the Articles of Confederation had given their own state legislatures. The framers of the constitution deliberately fragmented power between the national government, the states, and among the executiveRead MoreThe Constitution Of The United States885 Words   |  4 Pages In 1787, our founding fathers came up with a few principles that would establish what we now know as the United States of America. These principles were put on paper to serve as a guideline for how the United States would be operated and structured. This historical piece paper became known as the Constitution of the United States. In the Constitution, a Preamble is implemented at the beginning that essentially tells what the founding fathers set out to do. â€Å"We The People, in order to form a moreRead MoreThe Constitution Of The United States894 Words   |  4 Pagesthe substratum for that country. A Constitution can be defined as a document that is the substratum of the country’s principles. Elements in the Constitution may contain sundry information. Which can include: how many terms a leader may serve, what rights the citizens have, how the judicial system works, etc. The United States in no different from those countries. Every constitution is different, no country has the exact constitution as another. The U.S Constitution is a four-page document detailingRead MoreThe United States Constitution Essay1515 Words   |  7 PagesThe United States constitution was written in 1787 by the founding fathers of this country. Now it might be appropriate to question why a document that is the basis of the government for one of the most culturally and racially diverse countries in the world, was written by a group of heterosexual, cisgender, rich, white men. Some might think that a constitution written well over 200 years ago would be outdated and irrelevant to the American society of today but with some research, it is quite theRead MoreThe Constitution Of The United States756 Words   |  4 PagesPromulgation and Legislation in the U.S. Constitution: The federal system of government of the United States is based on its constitution. The Constitution grants all authority to the federal government except the power that is delegated to the states. Each state in the United States has its own constitution, local government, statute, and courts. The Constitution of the United States sets the judiciary of the federal government and defines the extent of the federal court’s power. The federalRead MoreThe Constitution Of The United States1007 Words   |  5 PagesThe United States of America has previously experienced failure every now and then. With trial and error, the country has learned to correct its ways and move toward(s) perfecting itself. Realizing the ineffectiveness of the Articles of Confederation is a prime example of the U.S. learning how to better itself. Subsequent to the Articles of Confederation, the Constitution of the United States was set as our new and improved framework of government. Possessing knowled ge on how America, although strongRead MoreThe Constitution Of The United States951 Words   |  4 Pageshappening again. Unlike the artifacts, The Constitution of the United States has not been forgotten, it is actually still very alive today. Unlike most relics, The Constitution still holds a very heroic and patriotic implication, freedom. With freedom comes self-government, freedom of speech, religious tolerance, etc. With all these things comes the great responsibility to adapt and fit to the wants and needs of the decade. Even though the Constitution was made for the interests of the people ofRead MoreThe Constitution Of The United States1338 Words   |  6 Pages The Constitution is the basis of law in The United States and has been since it was written in 1789. Since then it has been amended 27 times with the first ten amendments collectively known as the Bill of Rights. The US Constitution was preceded by the Articles of Confederation and supported by the Federalist Papers which we will touch more on later. James Madison, Alexander Hamilton, John Adams and Thomas Jefferson all wrote or influenced The Constitution in a very important way. Alexander HamiltonRead MoreThe Constitution Of The United States1388 Words   |  6 PagesInterpretation of the Constitution is one of the biggest conflicts within the United States–the highly contentious issue of states’ rights resulted from two different interpretations of what powers should belong to the federal government versus what powers belong to the individual states. No issue has ever caused as much turmoil as the issue of states’ rights–but one side must have more v alid arguments. Should the federal government’s power be superior, or should the authority of the individual states be held

Comparison Between Nicolo Machiavelli And Thomas Hobbs

Name: Emmanuella Abolarinde 150413800 Prof Hillier BF 190-BR2 Comparison between Nicolo Machiavelli and Thomas Hobbs There are many philosophers that have different ideals and views on certain subjects and topics. This is often due to the fact that they were alive during certain time periods which were often having problems therefore affecting the philosopher’s views on what is right or wrong. Due to this fact the philosophers Machiavelli and Hobbs had both similar and contrasting ideals on the purpose of the government or kings and the way said government is supposed to rule their states and subjects. Machiavelli believes that the purpose of the government is to protect the state by any means necessary and to use the leaders subjects in a way that could further their own political agenda. This is proven by how in the translated version of the prince it says he learns to know his country, and is better able to undertake its defense. (Marriott 2013, 15) This shows that Machiavelli believed that a good and powerful leader must be able to know his surrounding country in order to properly defend his state from war which in turns shows that he believes that the purpose of the government is to protect their state from any threat of war. As the lecture states Machiavelli argued that the people under the king’s rule are essentially objects to be used for whatever the ruler’s political agenda was. (Hillier 2015) This includes the subjects being used as soldiers of war to keep the

Love Is A Strong Affection For A Person - 913 Words

Love is used incorrectly in so many ways in today’s society. People think they know the true meaning when they do not. A lot of people also today will tell somebody they love them when they do not even mean it. The word is just thrown around and used like it has no meaning. Love to me is a strong passion and deep feeling for a person. When you love someone you are compassionate to them and are true and faithful. Some people have no clue what any of that is in today’s age. â€Å"Love is a strong affection for another arising out of kinship or personal ties and attraction on tenderness.† (Merrian-Webster) According to English-for-students the word love goes back to the roots of the Old English language lufu and is relayed to the Old Frisian luve, Old High German luba, Gothic lubo. The word is recorded from the earliest English writings in the 8th century. In the Pride and Prejudice, Elizabeth Bennett and Darcy come together and understand their love for one another. Elizabeth and Darcy both came from two different types of families. Darcy was from a high social and educated family. Elizabeth Bennett had no education because her parents thought they did not need it that doing well for themselves would be marrying a rich man and Elizabeth thought differently. Once she met Darcy, she refused to love him because she was not marrying a man just for his family’s wealth. Until she figured out that she could never love another man and realized the strong love and deep passion that she hadShow MoreRelatedLove Is A Feeling Of Strong Or Constant Affection For A Person Essay1026 Words   |  5 Pagesâ€Å"Love is a feeling of strong or constant affection for a person†. People need love in their lives. It is not a thing that people think of first, but it will be the last thing people cherish. Loving can heal, and loving can hurt som etimes. But perhaps most important, love connects people together, and it helps people be strong to walk through a hard time. I remember the first time I heard people talking about love. It was so cheesy to hear about it. I only could imagine love was something specialRead MoreRomeo and Juliet Themes: Love889 Words   |  4 Pagesboth Romeo and Juliet, is deeply embedded in our cultural psyche. It is an allegory, a story of true love and sacrifice, that continues to resonate throughout modern time. There is a great deal of social stigma attached to the story. People are very critical of Romeo and Juliet’s decisions. Also, people are inspired, interested, and influenced by the melodramatic romance story. Every person knows the story, and we all can compare our lives to theirs. The lives of the 15th century charactersRead MoreThe Bean Trees Taylor Character Analysis1146 Words   |  5 Pagesauthor, and the story is about Taylor and her life after leaving a small town in Kentucky to find happiness. Taylor is a very complex person with a number of defining characteristics such as devotion, stren gth, and affection that make it possible for her to have such a mediocre story. Whether or not she wants to be, Taylor has proven herself to be a very devoted person to what she feels is important or to what she cares deeply about, like Turtle, helping her friends, or getting out of her town inRead MoreLove Is Defined As A Strong Affection For Another Arising Out Of Kinship Or Personal Ties1018 Words   |  5 PagesAccording to the Merriam-Webster dictionary love is defined as â€Å"a strong affection for another arising out of kinship or personal ties, strong affection for another arising out of kinship or personal ties (2) :   attraction based on sexual desire :   affection and tenderness felt by lovers (3) :   affection based on admiration, benevolence, or common interests b :   an assurance of affection † Growing up I always thought that love was just the final puzzle piece to a fairy tale and that hopefullyRead MoreRomantic Relationships : The Romantic Construal Model941 Words   |  4 Pagesbeginning of the article the communication of affection in relationships was discussed in great length. As reading through this, I was reminded of some concepts that I have studied previously regarding the five love languages. There is a book that describes these as being: words of affirmation, quality time, receiving gifts, acts of service and physical touch. This book is really interesting because it outlines that each person has a primary and secondary love language and it argues that those in relationshipsRead MoreFeeling Love and Affection vs Tolerance1746 Words   |  7 Pageswife’s situation love or tolerance? Tolerance, which keeps a person at a distance to avoid unnecessary hurt, in contrast to love and affection, which embraces a person in all things, are often confused in this generation. A negative environment has led to the adaption of tolerance. Tolerance deals with man’s capacity to withstand something, whether it may be pressure, sadness, pain or pleasure. Everyone has their limits, and that is where tolerance steps into play. â€Å"Love is a strong liking or embraceRead MoreLove Has Many Definitions Essay791 Words   |  4 Pagesis love? Webster defines love as â€Å"a strong affection for another arising out of kinship or personal ties maternal love for a child (2): attraction based on sexual desire: affection and tenderness felt by lovers (3): affection based on admiration, benevolence, or common interests love for his old schoolmates.† Love comes in many forms. Unconditional love, the love of a mother for her child, romantic love, the love for your partner and passion or lust, a more sexual emotion towards a person. LoveRead MoreLove And Love In Selena Gomezs Round And Round1183 Words   |  5 Pagesthrough her life. Selena Gome z’s song â€Å"Round and Round† has the thread of humanity’s desire for affection, which is something Jane is constantly searching. Green Day’s â€Å"Boulevard of Broken Dreams† contains the thread of isolation and wandering, a theme that plays an enormous role in Jane’s life since she is an orphan. Another song, â€Å"Royals† by Lorde explores the idea of female power. Jane always has her strong independent will to help her make difficult decisions. Through these three threads Bronte characterizesRead More The Magic Barrel Essay622 Words   |  3 Pages Most people spend much of their life looking for love. They look for love in many different people. Some people believe that love finds its way to where it needs to be, and some believe that love must be sought after. In Malamud’s story, â€Å"The Magic Barrel† one of his characters says â€Å"Love comes with the right person, not before† (Malamud 49). This impli es that when two people find the right person, they will find love. Defining love has been one of the most difficult words to define in the EnglishRead MoreTheme Of Unrequited Love In The Sea Gull884 Words   |  4 Pagespain of wanting affection from someone unattainable. Within the Sea Gull there is a strong motif of unrequited love within the lives of the characters. Ironically, unrequited love is the structural glue that sticks most of the characters in The Seagull together. Medvedenko loves Masha, but Masha loves Treplev. Treplev does not love Masha back, he loves Nina. Nina loves Treplev briefly but then falls madly in love with Trigorin. Arkadina loves Trigorin but loses his affections and falls for Nina

Simple Justice Free Essays

The chapter shows the deep relentless struggle of the black community and the racist white people who would not allow it. This case would take 4 years before getting to the courts of the government of the United States. Insane! Its appalling to think of the deep level of HATE and evil that the local white people in these areas had back then. We will write a custom essay sample on Simple Justice or any similar topic only for you Order Now The white schools got two-thirds more money towards their education and had full operating bus systems, while the black kids actually had to pay for their education. This lead to the case of Briggs v. Elliot. It was very interesting to read about how the â€Å"N-double A-C-P† had an influence in the uprising of this bus moment in this community. The level of bravery by the black community and the leaders in this moment are amazing and I love the level of courage and righteousness they had to of had. Over those four years, the illegal government manipulation to suppress and try and stop the black communities efforts in court to obtain equal rights for education is horrific and upsetting, it’s a mindset I can not understand. Black farmers lost their land, some had to watch their corps die because whites oldest allow there corps to be bought or use necessary equipment to reap the land. Black people who signed the partition for a lawsuit in Summerset and their spouses were fired from their Jobs and threatened. This book made me think about what racism is and the utter disgrace and hate that it signifies; it is so saddening to read about. This was only 60 years ago, that is one human beings lifetime. Nothing is more upsetting than these actions by hateful whites to use the United States Constitution as evidence for their reasoning for segregation and slavery. White preachers saying it’s Gods will that segregation is meant to be and white superiority. To believe that all men are equal but not apply that line in reality behooves me. What is racism? What act is considered racism in our day and age? Calling someone a racial slur is racism, so is hating someone for the color of their skin tone. But what was going on since the beginning of the United States Unionization to the mid sass’s seemed to be a whole other deeper sinister level of racism. The black people in these communities were not Just facing racial slurs, they were facing death every minute ND they knew it, that is why every black individual in the south who fought for equality in education and constitutional freedom are heroes; all the people who signed there names on court documents to try and change the illegal injustices of segregation and inequality are heroes. This level of racism is a ruling an oppressive savagery that is disgusting to try and comprehend. The courts allowed the slavery to continue and progress, and the courts eventually ended it. It is Just saddening it took so long. Mr.. Slugger’s writing style Mr.. Kluges paints a clear brush stroke of the scene and atmosphere of the time eroded. His style is a bit wordy but the words he uses are colorful, expressive and flow nicely. However, at times I felt inpatient and wanted him (Kluges) to get to the point. He wrote eloquently but I would prefer the â€Å"streamlined version† that tells me the setting and story, not paint a picture of all intimate and personal features of every individual. He bought up a very interesting point how a lot of black men fought in WI against racism and racial murder of Jewish culture but they (black American men) came back home were facing similar acts of oppression, murder and occupation. An then you realize the time period your reading about is in the mid sass’s! It is still sad to see the residue of hate lingering and living here and now. Mr.. Kluges was successful in his diligence and service towards an unbiased account of the time period during Brown v The Broad of Education and the time period leading up to the case, where he eloquently described historical cases that lead to and showed the momentum towards the final verdict. Also Mr.. Kluges was successful in his last chapter showing the history of the Brown v The Board of Education 50 years after the fact. Oppression Mr.. Kluges softly shows the level of oppression during this time period. He at times gingerly portrays a situation then presents quoted lines from someone during the time period that would bring a knockout punch of shivery. The real life quotes of some of the people from that time period really helps to place the reader in the time period being written about. While reading the book I how did these communities last this so long, and are they still going on like this? Are there hateful mindsets still living in communities throughout the US? Throughout the world? Unfortunately I know the answer to those questions, but how do they continue to persist. Slavery Over four centuries of slavery before the verdict of Brown v The Board of Education. It is appalling to and impossible to fathom that time frame for a federal verdict to acknowledge that all humans are created equal. Mr.. Kluges showed how Brown v The Board of Education represented a long and indentured fight for the recognition and legal right of freedom for black humans in America. The verdict acknowledged a lifetime of of inequality for black people in American history. What this book has taught me What this book has taught me is the power of the court systems. How men, Judges and lawyers can be socially wrong about personal freedoms and impose these beliefs as natural law. How they (Supreme Court Judges) used twisted truth and words like â€Å"natural law’ to segregated and beat-down another human being based solely on their skin tone – this is horrific. But its amazing that the same court system and new judges and lawyers were able to get the verdict right. It is Just sad how long it took and how many people died. I am concern of the hate and ignorance that is still embedded in the minds of people n our society. We need not look further than the current media story of the Los Angels Clippers basketball team. About the team owner speaking hateful and racial comments about African-Americans. Here 2014 and the same slave master mentality of property ownership of African-Americans and their inferiority. We have came far in our society because with this basketball owner incident he was banned from his team and forced to sell, this verdict was swift from the NAB and a majority of people are in favor of the owner’s life time ban. The Book One of the most gripping moments in the book is when Mr.. Kluges described the the slavery condition in the south which can be considered the worst ever treatment of human slavery in human history. When the length of US slavery is considered it is outrageous to believe this kind of treatment went on for centuries. Unprecedented slavery conditions never seen in such length and non-revengeful fashion. Back during Romans, Greek and Persian times slaves were captured as enemies unlike Africa slaves who had done now harm to the Angelo-Saxon people, the African people ere captured and stolen from their land for the pure intent of like being cattle. It is downright disgusting. In a section from the book: â€Å"Slavery as practiced in the American South, it is now generally acknowledged, was probably as severe as any form of it in recorded history. This is especially so if one considers that the African blacks were not brought to America for punitive reasons: they had committed no transgressions against the people who purchased and then savaged them. If the system was to work in a sparsely settled land, white repression ad to strain the limits of black endurance. † What was a shocking moment when reading was about how black men could not be good father back they by today standards because family life was not allowed as it was for white families. The black man was simply there to breed. A father couldn’t protect his wife if she was badly treated, harmed, harassed or raped by a white man; nor could that father show any protection for the son. How could men be closely attached to their family when they could so easily be sold off to another plantation for the next years harvest, sold of like a mule. The slave masters treated the African Americans like cattle, by federal law African Americans weren’t even considered human, they were property, like a commodity to be bought, sold and owned. They (slaves) had no rights, they had curfews, could not be in big groups together and were only given a few clothing items a year. An excerpt from the book states, â€Å"A slave had no legal standing. He could take no action to control his sale. He could not be a party to a lawsuit. He could not offer testimony except against another black. He could not swear an oath that would be legally binding. † Founding Fathers Furthermore I am completely appalled at the contradictory behavior of our founding fathers actions and their hypocrisy. As Mr.. Krueger stated, â€Å"Fifteen of the delegates to the Constitutional Convention owned slaves†¦. Neither the word â€Å"slave† nor â€Å"black† nor â€Å"Negro’ nor â€Å"African† nor â€Å"colored† was therefore written anywhere in the document those men composed that very long summer. † I learned that slave was a hot topic and the leaders from the north who may not of had slaves sure perpetuated the ability for the slavery to continue and also even if they (north delegates) didn’t ant slavery the majority still saw the black man as two-thirds a human. How to cite Simple Justice, Papers

Eleve11 by Sander Van Doorn free essay sample

Eleve11 It is a common misconception among teens that anything that does not receive mainstream attention is a waste of their precious time. They believe anything that goes under the radar is not fit for their attention, but this is not always the case. A grand example of this is the brand-new album released by Dutch DJ and dance music producer Sander Van Doorn. This album contains a modest eleven song, but as the old adage goes, it is a matter of quality, not quantity, and Sander truly demonstrates a quality album. Being hailed as â€Å"album of the month† by Mixmag Magazine and Tillate UK, this album is receiving rave reviews despite his album not garnering attention from large media corporations such as Rolling Stone Magazine. The album itself comprises of uplifting vocal tracks featuring crossover acts Nadia Ali and Carol Lee, mixed with some instrumental compositions that are the modern-day equivalent of the classical orchestra. We will write a custom essay sample on Eleve11 by Sander Van Doorn or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page One of the singles of the album, ‘Koko’, was a standout anthem, for the Miami Music Week and Ultra Music festival of early 2011. This album has a very intriguing pattern: the first three songs are decidedly calm, the middle six are the most active and rhythmic songs, while the last two songs are smoother and more relaxed. The penultimate track, ‘Eagles’, demonstrates that this producer is no coward. The song is nineteen minutes long, which shows that this man knows how to keep a listener engaged with a daring intermission between the two halves of the song. Britney Spears this isn’t. Another song, ‘Drink to Get Drunk’, evokes a powerful feeling of an almost soul and jazz undertone through its vocals sung by Australian singer Sia. This is just another demonstration of Sander Van Doorn’s fearlessness in producing his greatest album yet. The whole album is a testament to the fact that just because something isn’t being constan tly played on the radio, or at all, in this case, does not mean it is not worth listening to. It was a pleasure to review this album and I hope it will receive the acclaim it deserves.

Duties and Responsibilities of Directors

Question: Discuss about the Duties and Responsibilities of Directors. Answer: Introduction Directors are the image of leadership in any company or organisation; they control and manage its activities(Longman, 2003, p. 440). According to s 9 of the Corporations Act 2001, the director of a company is one who is appointed to fill this position or that of an alternate director acting in a similar capacity(Gibson Fraser, 2013, p. 726). This is subject to certain qualifications such as age where they must have attained the age of majority. Additionally, a disqualified person under part 2D.6 of the Act cannot be appointed as a director except by leave of court or permission granted by the Australian Securities and Investments Commission (ASIC). The definition provided in the Corporations Act 2001 is broad enough to encompass directors who may go by other titles or people acting as directors but have not been appointed to the role(Cassidy, 2006, p. 179). In Perkins v Vincy [2001] SASC 362, the defendant had carried out duties as a director despite not having been properly appoint ed as one, based on these facts the court held his as a director. Directors duties in New South Wales, and Australia at large, have greatly evolved over the years. Stemming from the provisions of common law adopted from the UK, they are now incorporated in statute by way of the Corporations Act 2001. The history of these duties, the current provisions and possible future direction while be analysed in the following discussion. The research will also delve into the consequences resulting in a breach of these duties and remedies available to aggrieved parties. This discussion is aimed at evaluating the duties and responsibilities of directors under Australian Corporations Law. An Overview of Directors Duties The duties of directors in Australia are drafted to achieve good governance and ascertain that directors carry out the companys interests above their own(PWC Australia, 2011). They have been categorised, but are not limited to: the duty of care and diligence, the duty to act in good faith, the duty not to use information for personal benefit and the duty not to misuse their position as directors to gain advantage; they are enforced by the ASIC (CCH Australia Ltd, 2011, p. xii). According to Romer J in Re City Equitable Fire Insurance Co Ltd [1925] Ch 407, the standard of care in this duty is tested against the actions or inactions of a reasonable man under similar circumstances(Corkery, 1987, p. 133). This duty is encompassed under s 180 of the Act which recognises the duties of directors under common law as well as the business judgment rule. In addition to this test, the size and type of company, the constitution of its board of directors as well as how they distribute their duties should also be considered in the determination of care and diligence employed(Douglas, 2015). Directors duties vary as per their personal skills and qualifications. The breach of the duty of care and diligence constitutes an act of negligence and can be brought to court as such(Douglas, 2015). Although directors are expected to exercise due diligence, the law appreciates that not all decisions will be fruitful; it is for this reason that the business judgement rule exists to pr otect directors from unnecessary prosecution(Latimer, 2012, p. 698). In addition to diligence, directors have a duty to ensure loyalty and good faith as they carry out their duties(Latimer, 2012). This duty emanates from the fiduciary relationship they have with shareholders; they are put in a position of trust to ensure the interests of shareholders are met above theirs, as illustrated in Regal (Hastings) Ltd v Gulliver [1967] 2 AC 134(Cassidy, 2006, p. 216). In this case, directors put their interests above those of the company where they purchased property in the companys name without fully informing shareholders in order to gain consent. The court found the directors in breach of their fiduciary duty. Section 181 of the Act expects directors to act in good faith; that is, in a manner geared to ensure the companys interests are met. As such, they should ensure to avoid the compromising situation and to disclose any conflict of interest arising as they conduct their duties(Australina Institute of Company Directors). The concept of proper purpose was established in Mills v Mills [1938] 60 CLR 150 where it was held that the but for test can be applied to determine whether a directors actions were aimed at carrying out the proper purpose(Bartholomeusz, 2015). Megarry V.C. stated that this case illuminated that, where the main purpose of a directors decision was in the best interests of the company than an incidental benefit to the director would be inconsequential(Ritson, p. 634). According to the courts, it is up to the directors to determine what serves as the best interest of the company as seen in Re Smith Fawcett Ltd [1942] Ch 304, however the reasonable mans test is applied to determine the objectivity of these decisions(Cassidy, 2006, p. 217). In New South Wales, this was illustrated in Winthrop Investments Ltd v Winns Ltd(1975) NSW, the Court of Appeal held that a general meeting of the companys shareholders, having been fully informed of the facts, would endorse an execution of directors powers where it would otherwise constitute a breach of their fiduciary duty; and may give future authority to execute similar authority if it is in the companys best interests provided honesty and full disclosure is employed(FindLaw Australia). Directors, therefore, have a duty to ensure they are driven by the interests of the company and employ honesty and reasonableness in making their decisions. The duty not to use their position for personal gain ties in with the aforementioned fiduciary duty. Section 182 of the Act provides that a director, who conducts themselves in a manner that would be of advantage to them or disadvantage to the company is in breach of their managerial duties despite the result of said conduct or decision. Where a director discovers they have any material interest that would compromise the above-mentioned duty, they should disclose their conflicting interest to the company as per s 191 of the Act. Additionally, directors are obliged to ensure they do not use any information they acquire as a result of their position to their own advantage or that of another at the detriment of the company. This duty is placed on them by s 183 of the Act and is applicable even after they exit the company; breach attracts a civil penalty. Directors are also tasked with ensuring that they prevent insolvent trading; that is ensuring the company does not trade while insolvent or where it seems it may be insolvent(AICD, 2013). Failure to prevent the company from taking up debt amounts to a breach of duty if it is discovered that they, directors, were aware of the companys possible insolvency (Tunstall, 2017). This provision is found under s 588G (1) and (2). Additionally, directors are tasked with ensuring financial records and financial reporting is up to date as per the provisions of s 344 of the Act. The Evolution of Directors Duties and Responsibilities Modern Australian corporations law, which encompasses the duties and responsibilities of directors, has its roots in the developments of company law in England in 1825(Bathurst, 2013). The Joint Stock Companies Act 1856 made directors liable if they paid out dividends during insolvency; most contributions, however, were by way of case law. The fiduciary duties of directors to their companies were first established in the early twentieth century(Bathurst, 2013). Isaacs J, in Australian Metropolitan Life Insurance Co Ltd v Ure (1923) 33 CLR 199 at 217, refers to evidence in case law of the earlier recognitions of these duties. In 1925, Re City Equitable Fire Insurance Co Ltd [1925] Ch 407 directors duty to execute their activities by employing due care and diligence in their activities was recognised; as aforementioned, this is tested against the act or omission of a reasonable man under the same circumstances. According to the court, the standard of care employed, while including the reasonable mans test should also pay regard to the nature of the companys business as well as the directors qualifications and experiences in their line of duty. Additionally, it is important to note that directors are free to delegate certain duties to other company officials. Where they delegate, directors should ensure these duties are performed with utmost honesty and diligence. Although not the first case, Re City Equitable Fire Insurance Co Ltd is commonly recognised as the case illustrating the duty of care expected of company directors(Bathurst, 2013). All the aforementioned principles, although still largely aspects of common law are today encompassed in the Corporations Act 2001 and have thus become statutory duties that carry with them penalties as well as a possible criminal liability that could result in incarceration. Directors Duties in Public and Proprietary Companies It is important to note that although the general duties of directors are similar among both proprietary and public companies, the law places stricter responsibilities on public companies which are required to be more transparent. Failure to comply with the duties and responsibilities set aside for public companies can lead to delisting and as such directors are expected to be more diligent. An example is found in s 674 of the Act which obliges directors of public listed companies to disclose any information that would affect the value of their securities as per the listing rules failure to which constitutes an offence. On the other hand, s 188 of the Act places certain corporate social responsibility duties on company secretaries and it is the duty of directors in proprietary companies to ensure they are carried by the company secretary. .However, the basic duties remain the same in both types of companies. Consequences and Remedies for Breach of Duty The failure of company directors to comply with their duties has serious consequences, which may include a 5-year jail term, criminal and civil penalties or fines of up to $200,000, dismissal as manager as well as the possible personal liability of the directors found in offence(Moroney, 2016). When winding up a company, either by court order or voluntarily, the companys administrator in charge of the liquidation process can lead actions against the directors found in breach of their duties and have them found personally liable. ASIC as the body in charge of enforcing directors duties can conduct investigations where it receives any reports of a possible breach and commence criminal proceedings thereafter(Moroney, 2016). The courts, where a breach has been identified, can offer the following remedies: and injunction, damages, restoration of company property, rescission, an account of profits and summary dismissal(FindLaw Australia). The Future of Directors Duties in Australia Directors duties over the years have evolved with the times and it is expected that as the corporate industry evolves these duties will continue to evolve as well to accommodate these changes. Just as the modern idea of corporation in Australia emerged from the early Crown monopolies so is it expected that current company law, and the duties of directors today will influence the future ideas of directors duties. The future of Australian company directors will be characterised by a dynamic legal environment greatly influenced by the concepts of globalisation and technology. However, amidst the ever-changing corporate industry, the core principles of directors duties emanating from common law should not be set aside. Conclusion As aforementioned, directors play an important role in ensuring good corporate governance. Directors duties have evolved over the years from common law provisions to statutory duties. At common law, directors are generally expected to act in good faith, exercise diligence, act in the best interests of the company and disclose any possible conflicts of interest. It is clear from the discussion above that these common law duties are the same which have been adopted into statute by way of the Corporations Act 2001. The Act tasks directors with ensuring they carry out these duties, among others, and creates consequences by way of penalties, fines and possible incarceration to ensure adherence. Where a director breaches the duties bestowed on him, courts can award various remedies such as injunctions, damages, an account of profits, and restitution of property as well as rescission of contracts. As the corporate industry evolves it is expected that these duties will evolve as well to acco mmodate these changes. References AICD. (2013, January). General Duties of Directors. Retrieved from Australian Institute of Company Directors: https://aicd.companydirectors.com.au/resources/all-sectors/roles-duties-and-responsibilities/general-duties-of-directors Australian Institute of Company Directors. (n.d.). What are the duties of Directors? Retrieved from Company Directors: https://www.companydirectors.com.au/~/media/resources/members/pdf/what-are-the-duties-of-directors.ashx Bartholomeusz, S. (2015, January 27). Directors Duties in Focus- Duty not to Act for an Improper Purpose. Retrieved from You Legal: https://youlegal.com.au/directors-duties-in-focus-improper-purpose/ Bathurst, T. F. (2013, September 3). "The Historical Development of Corporations Law". Retrieved from Supreme Court Justice NSW: https://www.supremecourt.justice.nsw.gov.au/Documents/Publications/Speeches/Pre-2015%20Speeches/Bathurst/bathurst_20130903.pdf Cassidy, J. (2006). Concise Corporations Law. Sydney: Federation Press. CCH Australia Ltd. (2011). Australian Corporations Securities Legislation: Corporations Act 2001, ASIC Act 2001, related regulations. Wolter Kluwer Group. Corkery, J. F. (1987). Directors' Duties of Care, Skill and Diligence. In J. F. Corkery, Directors' Powers and Duties (pp. 131-144). Melbourne: Longman Cheshire. Douglas, J. (2015, August 3). Directors' duty of care and diligence. Retrieved from Legal Vision: https://legalvision.com.au/directors-duty-of-care-and-diligence/ FindLaw Australia. (n.d.). Effects of Breaching Directors' Duties. Retrieved from Find Law Australia: https://www.findlaw.com.au/articles/189/effects-of-breaching-directors-duties.aspx Gibson, A., Fraser, D. (2013). Business Law 2014. NSW: Pearson Higher Education AU. Latimer, P. (2012). Australian Business Law. Sydney: CCH Australia Ltd. Longman. (2003). Dictionary of Contemporary English. Essex: Pearson Education Limited. Mills v Mills, 150 (60 CLR [1938]). Moroney, L. (2016, April 27). Consequences for Breaching Directors Duties. Retrieved from Legal Vision: https://legalvision.com.au/consequences-for-breaching-directors-duties/ Perkins v Vincy, 362 (SASC [2001]). PWC Australia. (2011). A Guide to Directors' Duties and Responsibilities for non-listed public companies in Australia. Retrieved from PricewaterhouseCoopers: https://etraining.communitydoor.org.au/pluginfile.php/608/course/section/95/GuideDirectors_Apr08.pdf Re City Equitable Fire Insurance Co, 407 (Ch [1967]). Re Smith Fawcett Ltd, 304 (Ch [1942]). Regal (Hastings) Ltd v Gulliver, 134 (2 AC [1967]). Ritson, L. (n.d.). The "Proper Purposes" Duty of Directors and Defensive Measure Against Company Takeovers. Sydney Law Review, 627-638. Tunstall, I. (2017). Directors duty to prevent insolvent trading. Retrieved from FindLaw Australia: https://www.findlaw.com.au/articles/616/directors-duty-to-prevent-insolvent-trading.aspx Winthrop Investments Ltd v Winns Ltd, 666 (2 NSWLR [1975]).

Writing a Sample Essay About Schizophrenia

Writing a Sample Essay About SchizophreniaIf you're thinking of writing a sample essay about schizophrenia, there are many things you need to know. This is the second in a series of articles about writing an essay about schizophrenia.Writing a sample essay about schizophrenia does not have to be difficult or take a long time. All you need to do is use your creativity and intelligence, and practice, and you'll be writing a highly effective essay in no time.One of the most important steps in writing a sample essay about schizophrenia is a plan. You need to know what it is you want to say in your essay, and where you want to place it in the essay. Make sure you set some parameters before you begin writing so that you know how much you have to say and where you will place the information.Writing a sample essay about schizophrenia also requires a specific research strategy. The first step in researching a topic is doing background research. You need to find out more about the disease in g eneral and what it can do to someone's life. For example, what type of help are you going to need to recover from the illness?Knowing more about the disease is a great idea, and it may help you find more resources. Start by searching the internet for resources. Look for information from patients and medical professionals to learn about the disease and what help they provide.Writing a sample essay about schizophrenia also includes writing about the symptoms of the disease. For example, it helps to know how the symptoms vary depending on the location of the patient. This is also useful in determining what sort of help is needed in the treatment of the illness. For example, if you live in the city, a sign or notice is going to be needed in the area with the illness.Last, but not least, you need to think about the different ways to write your essay. Do you want to focus on your own experiences with the disease, or would you like to let other people know what you went through? This can b e a great way to learn about the disease and how to cope with it. Think about this as a way to share your experiences with others and help them.