Legal and Ethical Considerations in Marketing, Product Safety, and Research Paper

Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property - Research Paper Example 1.2 Non-Compliance with the Social Norms It is obvious for the marketing and advertising firms or agencies to strictly follow and comply with the regulations stated by the local community, state agency or governmental administrations. The regulations are often directed to protect communities from different discrepancies that might led by marketing and advertising activities of an organization (Huddart, 2010). 1.3 Patent Infringement In relation to the present day context, the ethical issues associated with the intellectual property can be considered as a major and widely accepted concern for the organizations. In this regard, the use of brand logo, similar design and features or other attributes that are copyrighted by other organizations can be considered as few of the major ethical issues relating to intellectual property infringement (Ferrell, 2004). ... The concern generally leads to create significant challenges for the organizations (Ferrell, 2004). 2. Argue for or against Direct-to-Consumer (DTC) Marketing by Drug Companies The concept of Direct-To-Consumer (DTC) can be considered as one of the widely used marketing and advertising approaches by the pharmaceutical organizations over the previous few decades. The term DTC is often used as Direct-To-Consumer Pharmaceutical Advertising (DTCPA) and is highly considered as a noticeable health communication approach, which tends to attract greater target group of customers (Ventola, 2011). In relation to the concept of advertising product through DTC by the pharmaceutical corporations, it has been identified that the approach tends to promote prescribed products to the clients. In relation to the concept of DTC, it can be considered as an effective and highly beneficial, which significantly communicates and indicates about the safety and efficacy of the products. Moreover, it also tend s to communicate with the customers regarding the name of the drug along with its dosage form and price of the product. It can be argued that although the DTC approach tends to provide adequate information to the clients regarding any disease and/or conditions, it does not provide any information regarding the drug to be used for the disease. Moreover, DTC does not communicate about the usage of the prescribed drugs (Ventola, 2011). Therefore, it can be affirmed that the type of advertisements conducted through the DTC approach is an effective way of marketing and communication strategy, which is beneficial for the clients along with the drug corporations as well. 3. Regulatory Body for the Compounding Pharmacies and Role of Food and Drug Administration (FAD)

Company Law and Secretarial Practices Essay Example for Free

Company Law and Secretarial Practices Essay Incorporation means the process of legally declaring a corporate entity as separate entity from its owners. Incorporation has many advantages for a business and its owners, including: Protects the owners’ assets against the company’s liabilities. Allows for easy transfer of ownership to another party. Achieves a lower tax rate than on personal income. Receives more lenient tax restrictions on loss carry forwards. Can raise capital through the sale of the stock. Incorporation involves drafting a â€Å"Memorandum of Association† and an Articles of Association, which lists the primary purpose of the business and its location, along with the number of shares and class of stock being issued, if any. Incorporation will also involve state-specific registration information and fees. Those procedures are undertaken by a promoter who is a person who starts up a business, particularly a corporation, including the financing. The formation of a corporation starts with an idea. Pre-incorporation activities transform this idea into an actual corporation and the promoter is the individual who carries on these activities. Usually the promoter is the main shareholder or one of the management team and receives stock for his/her efforts in organization. Without incorporation, Company Law cannot stand by itself as law amended is critically meant to protect the shareholders as well as the member of the company which is incorporated. As mentioned above, incorporation tends to protect the welfare of the business and its owners in various perspectives like intellectual property, taxation and capital shares. In other words, Company law (or the law of business associations) is the field of law concerning companies. Furthermore, there are various types of company that can be formed in different jurisdictions as shown in Malaysian Company Act 1965 Section 14(2) which are: a company limited by guarantee. Commonly used where companies are formed for non-commercial purposes, such as clubs or charities. The members guarantee the payment of certain (usually nominal) amounts if the company goes into insolvent liquidation, but they have no economic rights in relation to the company. a company limited by guarantee with a share capital. A hybrid entity, usually used where the company is formed for non-commercial purposes, but the activities of the company are partly funded by investors who expect a return. a company limited by shares. The most common form of company used for business ventures. an unlimited company either with or without a share capital. This is a hybrid company, a company similar to its limited company (Ltd.) counterpart but where the members or shareholders do not benefit from limited liability should the company ever go into formal liquidation. Meanwhile, there are thousands of company law cases that showed that incorporation is the bedrock of formation of Company Law. As such, We held out a few cases here which clearly indicated the importance of Company Law in determining the court case related to incorporation. Salomon v A Salomon and Co Ltd [1897] AC 22 Corporate separate personality Salomon conducted his business as a sole trader. He sold it to a company incorporated for the purpose called A Salomon and Co Ltd. The only members were Mr Salomon, his wife, and their five children. Each member took one  £1 share each. The company bought the business for  £39,000. Mr Salomon subscribed for 20,000 further shares. However,  £10,000 was not paid by the company, which instead issued Salomon with series of debentures and gave him a floating charge on its assets. When the company failed the companys liquidator contended that the floating charge should not be honoured, and Salomon should be made responsible for the companys debts. Lord Halsbury LC stated: â€Å"†¦ it seems to me impossible to dispute that once the company is legally incorporated it must be treated like any other independent person with its rights and liabilities appropriate to itself, and that the motives of those who took part in the promotion of the company are absolutely irrelevant in discussing what those rights and liabilities are.† Hickman v Kent or Romney Marsh Sheep-Breeders Association ‘Outsider rights Hickman was a member of the Kent or Romney Marsh Sheep-Breeders Association. He began a court action complaining of various irregularities in the affairs of the association. Clause 49 of the Associations constitution stated that all disputes were to handled by arbitration. The question of whether a person who is not a member of the company has rights to sue on the ‘statutory contract provide by what is now section 33 of the Companies Act 2006 was considered . It was held that an outsider to whom rights are purportedly given by the companys articles in his capacity as an outsider cannot sue in that capacity, whether he is also a member of the company or not. From this case comes the fundamental concept that a company has a legal personality or identity separate from its members. A company is thus a legal ‘person. Macaura v Northern Assurance Co Ltd [1925] AC 619 Members have no interest in a companys property The owner of a timber estate sold all the timber to a company which was owned almost solely by him. He was the companys largest creditor. He insured the timber against fire, but in his own name. After the timber was destroyed by fire the insurance company refused the claim. The House of Lords held that in order to have an insurable interest in property a person must have a legal or equitable interest in that property. The claim failed as â€Å"the corporator even if he holds all the shares is not the corporation†¦ neither he nor any creditor of the company has any property legal or equitable in the assets of the corporation.† In a nutshell, the effect of incorporation which is embedded in Section 16(5) â€Å"On and from the date of incorporation specified in the certificate of incorporation but subject to this Act the subscribers to the memorandum together with such other persons as may from time to time become members of the company shall be a body corporate bby the name contained in the memorandum capable forthwith of exercising all the functions of an incorporated company and of suing and being sued and having perpetual succession and a common seal with power to hold land but with such liability on the part of the members to contribute to the assets of the company in the event of its being wound up as is provided by this Act† clearly demonstrated that the foundation of Company Law is the ‘company’ and that without incorporation and the creation of a separate corporate personality, there couldn’t be a base for the formation of Company law and Companies Act. 2. In practice, in no circumstances, is it possible to pierce the corporate veil between a parent and a subsidiary company. A company is an artificial person. Once it is incorporated, it comes into being and is a separate legal entity from its members and officers. The importance of the principle of separate legal entity was first established in the landmark case of Salomon v Salomon Co Ltd (1897). In this case, Mr Salomon was a sole-proprietor manufacturing boots. The business was successful. Mr Salomon incorporated a company and sold his business to the company in consideration for 20000 shares and debentures of  £10000 issued in favour of Mr Salomon. Mr Salomon ended up holding 20001 of the 20007 shares issued. The other six shared were held by his wife and five children as nominees for Mr Salomon. Unfortunately, the company experienced financial difficulty and was wound up. An action was brought against Mr Salomon to indemnify the company for all the debts due to its unsecured creditors. The House of Lords held that even though the business was managed by the same persons and the same hands received the profits, the company was not an agent or trustee for the members. Incorporation of the company created a separate person. The members were not liable in respect of the company’s obligations. The same applies to parent and subsidiary companies. Both parent and subsidiary companies has their own separate legal entity. One example is the case of The People’s Insurance Co (M) v The People’s Insurance Co Ltd (1986). In this case, the plaintiff company, People’s Insurance Co. (M) Sdn. Bhd. (PICMSB) was a subsidiary of the first defendants company, People’s Insurance Co. Ltd. (PICL). On 12 January 1978, five directors of PICMSM held a meeting. One of the directors was the Managing Director of the defendant (PICL), another one was General Manager and Director of the defendant (PICL), and another one was Executive Director of the defendant (PICL). During the meeting they passed a resolution that affected PICL. The defendant (PICL) denied any liability. The court held that: i. The parent and subsidiary companies are two separate legal entities; ii. Officers of the parent company who are on the Board of the subsidiary are not representatives of the parent company but sit at the Board Meeting as directors and agent of the subsidiary iii. A resolution of the Board of directors of the subsidiary does not bind the parent company. The resolution did not constitute a contract between the parties. Thus, it is held that the principle of separate legal entity applies as well to related companies, including wholly owned subsidiaries. In Adams v Cape Industries PLC (1990), the main defendant was an English registered company presiding over a group of companies whose business was in the mining (in South Africa), and marketing, of asbestos. The company had become the subject of a class action lawsuit in the United States, and the company tried to avoid fighting the case in the American courts on jurisdictional grounds. The Plaintiffs obtained a judgment against the English company in the American courts, but as Cape had no assets left in the U.S., they then sought to enforce the judgment against the principal company in the group in the English courts. The court accepted that the purpose of the corporate group structure set up by Cape Industries had been used specifically to ensure that the legal liability of a particular subsidiary would fall only upon itself and not the parent company in England. The court refused to pierce the veil of incorporation to allow the judgment creditor to enforce its judgment against the judgment debtor’s holding company. The court refused to treat both the subsidiary and holding companies as one single entity. However the legislature recognizes that there may arise circumstances when this principle of separate legal entity may lead to adverse positions, and thus have enacted statutory exceptions to lift the veil of incorporation under specified circumstances. Normally in new situations or circumstances, court decides on case by case basis to pierce the veil of incorporation. There are instances where the court held that the related companies do not have separate legal entities; they are indeed one legal entity. In DHN Food Distributors Ltd v London Borough of Tower Hamlets (1976), DHN carried on the business of operating a grocery on the property owned by one of its wholly owned subsidiaries. The property was compulsorily acquired by the authority which refused to pay compensation to DHN as it did not have any interest on the land. The English Court of Appeal held that the group operated as a single economic unit and thus DHN could recover the compensation due to them under law. In conclusion, in normal practice with no circumstances, it is not possible to pierce the corporate veil between a parent and a subsidiary company as mentioned in The People’s Insurance Co (M) v The People’s Insurance Co Ltd (1986) and Adams v Cape Industries PLC (1990). Only when there arise circumstances can only the corporate veil of a parent and subsidiary company be pierced. 3a. Joe and Mike issue sufficient RM1 shares to Luke to raise his stake to 40% to allow them to defeat the resolution of their removal from the board. The action proposed by Joe and Mike is not allowed under section 132D of Companies Act 1965. Section 132D(1) of the Act reads, â€Å"notwithstanding anything in a company’s memorandum or articles, the directors shall not, without the prior approval of the company in general meeting, exercise any power of the company to issue shares†. Unless the power to issue shares has been vested in the members at a general meeting, the directors are not allowed to issue shares. Under this section, the company’s power to issue shares is not transferred from the directors to the members in general meeting. Rather, it imposes an obligation on the directors to obtain the approval of the company’s shareholders in general meeting before exercising their power to issue shares. When an allotment of shares takes place by the company without compiling without any statutory procedure, it is an irregular allotment. Although it is necessary to obtain only an ordinary resolution for the issuance of new shares, section 132D (5) requires such resolution to be lodged with the Registrar of Companies (ROC). When the minimum subscription is not received, it is an irregular allotment and it is void. The directors are liable to pay both the company and also to the allotee. On the other hand, prior approval of the members is not required if the shares issued are consideration or part consideration for the acquisition of shares or assets by the company. Section 132D (6A) provides that if the consideration for the shares in kind or partially in kind, it is sufficient for the directors to inform the members in writing at least 14 days before the shares are issued. The consequences for non compliance of section 132D are provided in section 132D (6) which reads, â€Å"Any issue of shares made by a company in contravention of this section shall be void and consideration given for the shares shall be recoverable accordingly†. In fact, the directors are liable to compensate the company and the allottee for any loss, damages or costs which might occur as a result of the breach. According to section 132D (7), â€Å"any director who knowingly contravenes, or permits or authorizes the contravention of, this section with respect to any issue of shares shall be liable to compensate the company and the person to whom the shares were issued for any loss, damages or costs which the company or that person may have sustained or incurred thereby†. Thus, Joe and Mike shall be liable to pay compensation to the company and Luke if any loss or cost incurred. However, the shareholders or creditor of the company may apply to the court for validation of the shares under section 63. If the court finds the issuance of shares is just and equitable, the court may order the validation of the shares which were not properly issued. In the case of Kepala Sawit (Teluk Anson) Sdn Bhd v Yeoh Kim Leng Ors (1991), the court held that â€Å"an act of the company which is irregular offers room for its regularization or validation by application of the just and equitable principles embodied in section 63†. Nevertheless, it seems to be impossible for the court to validate the shares in the situation above if any appeal is made. Besides that, the intention of Joe and Mike to raise Luke’s shares is to allow him to defeat the resolution of their removal from the board. Section 128 of the Companies Act 1965 provides for the removal of a director of a public company but no provision is made for the removal of a director of a private company. This is left to the company’s article. Article 69 of Table A provides that the company may by ordinary resolution remove a director. Thus, if Singing Stars Sdn Bhd’s article has adopted Table A, then the procedure provided in Section 128 has to be followed. Also, depending on the company’s article, either an ordinary or special resolution has to be passed in the meeting by the shareholders of the company. In business or commercial law, ordinary resolution is a resolution passed by the shareholders of a company generally affirmed by not less than 50% of the members casting their votes, whereas special resolution is generally affirmed by not less than 75% of members casting their votes. Therefore, even if Luke’s stake can be raised to 40%, he still can’t defeat the resolution because a resolution is passed based on the voting cast by the majority in the meeting. Hence, Tony shall not worry about Joe’s and Mike’s action in raising Luke’s stake to 40% by issuing shares as its legality is bounded by section 132D of Companies Act 1965. Also, the removal of a director is allowed when a resolution is passed in the meeting. With only Joe, Mike and Luke to defeat the resolution, the resolution to remove them off as the directors can still be passed. 3b. After this they will pass resolutions to remove Tony from the board and to replace him with Luke. Directors are agents of the company and thus owe a fiduciary duty towards the company. Section 4(1) of the Companies Act 1965 provides that, â€Å"director includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors of a corporation are accustomed to act and an alternate or substitute director†. Section 4(1) states that a director includes a de facto director, a shadow director and an alternate or substitute director. Sections 122(1) and (1A) of the Companies Act 1965 provides that, â€Å"every company shall have at least two directors, who each has his principal or only place of residence within Malaysia†. Sections 122(2) of the Companies Act 1965 provides that, â€Å"no person other than a natural person of full age shall be a director of a company†. This is clear that only a human being can be a director. Besides that, Section 122(2) imposes the minimum age of the director which is 18 years old. Thus, only a person who is 18 years old and above may be appointed as a director. Section 129 of the Companies Act 1965 provides that, â€Å"notwithstanding anything in the memorandum or articles of the company no person of or over the age of seventy years shall be appointed or act as a director of a public company or of a subsidiary of a public company†. A person who aged 70 years old and above can only be a director if the resolution appointing him as a director receives approval from at least 75% of the votes at the company’s annual general meeting. The office of a Tony as a director may become vacant if he is disqualified pursuant to the Companies Act 1965 or the articles of association, resigned from the position, removed from the board of directors and retires by rotation. Articles of association of the company provides that the office of a director shall become vacant if the director (a)ceases to be a director by virtue of the Companies Act 1965 (b)becomes a bankrupt or makes any arrangement or composition with his creditors generally (c)is prohibited from being a director by reason of any order made under the Companies Act 1965 (d)becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to metal disorder (e)resigns his office by notice in writing to the company (f)for more than six months is absent without the permission of the directors from meetings of the directors held during that period (g) without the consent of the company in general meeting holds any other office of profit under the company except that of managing director or manager (h)is directly or indirectly interested in any contract or proposed contract with the company and fails to declare the nature of his interest in a ma nner required by the Companies Act 1965. Tony will not be removed as he is not disqualified by the articles of association. The resignation of a director may take effect on the date which the board receives the letter of resignation, the date stated in the letter or according to the articles of association. Section 122(6) of the Companies Act 1965 provides that, â€Å"notwithstanding anything contained in this Act or in the memorandum or articles of a company or in any agreement with a company, a director of a company shall not resign or vacate his office if, by his resignation or vacation from office, the number of directors of the company is reduced below the minimum number required by subsection (1) and any purported resignation or vacation of office in contravention of this section shall be deemed to be invalid†. Tony does not take action to resign from a director. Tony will not be removed from the board. However, he may be removed from the board by an ordinary resolution. Section 128(1) of the Companies Act 1965 provides that, â€Å"a public company may by ordinary resolution remove a director before the expiration of his period of office, notwithstanding anything in its memorandum or articles or in any agreement between it and him but where any director so removed was appointed to represent the interests of any particular class of shareholders or debenture holders the resolution to remove him shall not take effect until his successor has been appointed†. A public company may remove a director by ordinary resolution before the expiration of his term of office. The resolution is passed if it garnered more than half of the votes casted. A director of a public company is not possible to be removed by other director as provided in Section 128(8) which reads that, â€Å"a director of a public company shall not be removed by, or be required to vacate his office by reason of, any resolution request or notice of the directors or any of them notwithstanding anything in the articles or any agreement†. Thus, Joe and Mike are not able to remove Tony from the board. To remove a director, a special notice of the resolution is required to serve to the company at least 28 days before the scheduled members’ meeting as stated in Section 128(2) of the Companies Act 1965, â€Å"Notwithstanding anything to the contrary in the memorandum or articles of the company, special notice shall be required of any resolution to remove a director or to appoint some person in place of a director so removed at the meeting at which he is removed, and on receipt of notice of an intended resolution to remove a director the company shall forthwith send a copy thereof to the director concerned, and the director (whether or not he is a member of the company) shall be entitled to be heard on the resolution at the meeting†. The special notice of ordinary resolutions is also called notice of intention is given by the members to the company at least 28 days before the scheduled meeting. Then the company must give at least 14 days’ notice to the members before the meeting is scheduled to be held. It is provided in Section 153 of the Companies Act 1965, â€Å" where by this Act special notice is required of a resolution, the resolution shall not be effective unless notice of intention to move it has been given to the company not less than twentyeight days before the meeting at which it is moved, and the company shall give its members notice of any such resolution at the same time and in the same manner as it gives notice of the meeting or ,if that is not practicable, shall give them notice thereof, in any manner allowed by the articles, not less than fourteen days before the meeting, but if after the notice of intention to move such a resolution has been given to a company, a meeting is called for a date twenty-eight days or less after the notice has been given, the notice, although not given to the company within the time required by this section, shall be de emed to be properly given†. The board of directors may attempt to undermine the members’ proposal to remove a director, the board may call for the meeting to be scheduled less than 28 days from the receipts of the members’ notice. Section 153 of the Companies Act 1965 provides that the meeting is not invalidated if it is held less than 28 days after the notice was given by the members to the company. In Soliappan v Lim Yoke Fan [1968] 2 MLJ 21, the High Court held that Section 128 was not mandatory. The power to remove directors under that section co-existed with any power contained in the articles of association. Therefore, 28 days notice is not necessary, the removal could be affected in accordance with the articles of association. However, on the facts the proper notice required under the articles of association had not been given either, so removed as director and consequently the plaintiff was not properly appointed as director of the company. If Tony is removed from the board, he may claim compensation or damages for the termination of his appointment as a director. Where the company has entered into a contract with Tony and the company breached it by removing him, then Tony has the rights to claim compensation. Section 128(7) of the Companies Act 1965 provides that, â€Å"nothing in subsections (1) to (6) shall be taken as depriving a person removed thereunder of compensation or damages payable by him in respect of the termination of his appointment as director or of any appointment terminating with that as director or as derogating from any power to remove a director which may exist apart from this section†. Tony who is appointed as a director is not required to retire unless the articles of association provides so. Upon retirement, the shareholders may re-elect the directors who have performed but not those who failed to perform up to expectations. In See Teow Chuan Anor v YAM Tunku Nadzaruddin Ibni Tuanku Jaafar Ors [2007] 2 MLJ 212, the board of directors made a resolution that all executive directors must retire on attaining 55 years of age. The plaintiffs brought an action challenging the introduction of a new term into their existing contract that they should retire. The court held that the power to pass the resolution as to retirement of directors was a fiduciary power entrusted by the memorandum and articles of the Company. That power was used for a collateral or improper purpose, namely to remove the plaintiffs and was invalid. In conclusion, Joe and Mike are unable to remove Tony from the board and replace Tony with Luke. Tony will be removed from the board if he meets one of the events stated above. 3c. As an added incentive the shares will be issued to Luke for RM0.60 each to allow for a tidy profit. The issue here is whether Joe and Mike can issue shares to Luke at RM0.60 each to allow for Luke’s support towards them. The issuance of shares below the nominal value of RM1.00 is called issuance of shares at a discount. At common law, the issuance of shares below the par value (at a discount) is prohibited because it constitutes a reduction of share capital without confirmation by the High Court. Section 64 of the Companies Act 1965 requires a special resolution that authorizes the reduction of its share capital with the confirmation by the Court. Case : Re Wragg Ltd. Facts : A liquidator took up a court case seeking a declaration that certain shares in the company issued to two members and registered in their names as fully paid were not properly issued as fully paid up. The liquidator asked for an order that the two members pay the amounts unpaid thereon. Held : The transaction was wholly legitimate. Lindley L.J. stated â€Å"it is not law that persons cannot sell property to a limited company for fully paid-up shares and make a profit by the transaction. We must not allow ourselves to be misled by talking of value. The value paid to the company is measured by the price at which the company agrees to buy what it thinks it worth it while to acquire. Whilst the transaction is unimpeached, this is the only value to be considered.† However, there are two exceptions to the rule against issuing shares at a discount that are stated in Section 58 and 59 of Companies Act 1965. In occasions where the company enters into an underwriting agreement wherein the underwriter will subscribe the shares in the company if the shares are not taken, in return, the company agrees to pay the underwriter a fee. Section 58 of Companies Act 1965 recognises this commercial agreement provided that the payment of that commission is not more than 10% of the issued value of the shares and is authorized by the company’s articles. Section 59(1) of the Companies Act 1965 states that the company can issue shares at a discount of a class already issued if – (a) The discounted shares are authorized by ordinary resolution passed in general meeting of the company and is confirmed by Court order; (b) The resolution specifies the maximum rate of discount at which the shares are to be issued; (c) the company can only issue shares at a discount only after one year it is entitled to commence business; and (d) the discounted shares must be issued within one month from court’s confirmation or within extended time as allowed by Court. According to section 59(4), the discounted shares must be offered to existing members of that class based on pro rata basis. Failure to do so, the company and every officer who is in default shall be guilty of an offence punishable with a fine of RM1000 and default penalty in accordance with section 59(7) of the Companies Act 1965. Case : Ooregum Gold Mining Co of India v Roper Facts : The market value of the  £1 ordinary shares of the company was 2 shillings and 6 pence (2s 6d). The company issued preference shares of  £1 each with 15s credited as paid, leaving a liability of only 5s a share. Held: The holders of the discounted shares are liable to pay the full nominal value to the company. In common law, issuance of shares at a discount is prohibited but there are statutory exceptions under section 58 and 59 which enable the company to issue shares at a discount. In this case, Luke is not the underwriter of Singing Stars Sdn Bhd. Therefore, Joe and Mike cannot issues shares at a discount to him by virtue of section 58 of the Companies Act 1965. However Luke can be entitled to get the shares at a discount if the discounted shares are passed by a majority of members who are present and votes at the meeting and confirmed by the Court order, which specify the maximum rate of discounts are to be issued, commence it’s business after one year and issue the discounted shares issued within one month from court’s confirmation or within extended time as allowed by Court, then Luke can be entitled to the discounted shares after the existing shareholders are offered the discount. Luke will not be getting the shares at a discount because the most of shareholders are not satisfied with Joe and Mike and wanted to vote them from the board. Hence, the majority of them will win and Luke will definitely not getting his shares at a discount. If Joe and Mike insist on issuing the shares at a discount to Luke, the holder of the shares (Luke) may be liable to pay the full nominal value of the shares as stated in the Ooregum principle. Besides, the directors (Joe and Mike) who are responsible for the unlawful issue may be held liable to the company for the discount allowed. In conclusion, Tony can sue Joe and Mike for breach of companies act and they will be held liable to company in respect of the discount allowed. From the above Tony and the other four shareholders can vote to reject the acceptance of payment by land from Luke for the shares. Joe and Mike do not have the power to accept the payment without the knowledge of the members of the company. If the transaction is still done Section 132D(6) provides that the shares issued are void and the directors shall be liable to compensate the company and the person whom the shares were issued to for any loss, damages or costs which they may sustain as consequence of the breach. 3d. Luke has suggested that the company might accept some land which he owns as payment for the shares. Section 67 (1) of the Companies Act prohibits a company from: Financing the purchase of its own or its holding company’s shares Giving financial assistance for the purpose of or in connection with the purchase of its own or its holding company’s shares Dealing in or lending money on its own shares In the case of Datuk Tan Leng Teck v Sarjana Sdn Bhd, the plaintiff entered into a contract to sell a piece of land to the 2nd defendant, Pasti Hasil Sdn Bhd for a piece of land at a price of RM15, 896,995. According to the agreement, RM1,000,000 of the purchase consideration will be capitalized as paid-up capital for 1,000,000 shares in the SSB. PHSB had paid RM3,300,000 for the land to SSB and RM1,000,000 out of this payment had been considered as a payment for 1,000,000 shares in SSB. Thus, 1,000,000 shares had been allotted to Pasti Hasil Sdn Bhd. The court held that financial assistance has been given to Pasti Hasil Sdn Bhd as the defendant agreed to treat a portion of the sum owed by Pasti Hasil Sdn Bhd as payment for the shares. Section 67 (1) prohibits the company from giving financial assistance unless it is bona fide commercial transaction entered in good faith. As Pasti Hasil Sdn Bhd had not paid anything for the shares the share capital of the defendant had reduced. In the case of Belmont Finance Corporation Ltd v Williams Furniture Ltd (No 2), Belmont’s directors paid  £500,000 of Belmont’s money under a scheme to help a company called Maximum ( which was owned and controlled by a Mr. Grosscurth) to buy shares of Belmont. Goff LJ held that the agreement was unlawful and the payment was made by Belmont for an illegal purpose, namely to facilitate the purchase by Grosscurth and his associates of Belmont’s shares. Lord Denning in Wallersteiner v Moir (1974) propounded the following test: â€Å"You look to the company’s money and see what has become of in. You look to the company’s shares and see into whose hands they have got. You will then see if the company’s money has been used to finance the purchase.† Thus for this case if the company accepts Luke’s land as payment for the shares, it is not a bona fide commercial transaction entered in good faith and is prohibited by section 67(1). Thisi s because the land serves no specific purpose to the company and future benefits will not flow to the company through this entity. This means that the land is of no use to the company at the time of purchase which shows that it is not a bona fide commercial transaction. Furthermore this also shows that the company’s money paid to Luke for the land will be used to purchase its shares. If Joe and Mike accept this transaction, they will be guilty under section 67(3) of the Companies Act and section 67(4) provides that officers who are guilty are liable to compensate the company or any person who has suffered losses or damage as a result of the prohibited transaction. REFERENCES 1) http://www.scribd.com/doc/64780622/1/S128-1-Companies-Act-1965 2) http://www.ssm.com.my/files/clrc/consultation_documents/cd2.pdf 3) Chan Wai Meng (2012) . Company Law in Malaysia: Cengage Learning.

In Which Of The 13 English Colonies Would You Have Preferred To Live? :: Informative, Personal Experience

I would have preferred to live in Pennsylvania out of all the thirteen colonies. Pennsylvania was a very prosperous colony due to the fact that everyone had economic opportunity. Also, the people had civil liberty, allowing them to surpass the other colonies that had multiple restrictions. In addition, they had religious freedom unlike other colonies. Pennsylvania had many great features compared to the other colonies. In Pennsylvania, progress was made toward social reform. No provisions had been made in order to receive military defense. This colony promoted peace. Also, no restrictions were placed on immigration, and naturalization was made easy, making it easier for new immigrants to move there. Many people in the colony disliked the idea of black slavery. Therefore, all of the social characteristics made it easier for the citizens to grasp the concept that there was no need for contradictions in social status. There were many economic opportunities in Pennsylvania. The soil was fertile and there was plenty of land. Grain was a big export here and earned Pennsylvania the title as one of the "bread colonies". The water was also very clean, which helped to prevent diseases. The economic characteristics of Pennsylvania helped the economy to prosper. Due to the fact that Pennsylvania was liberal, it helped it in politics, religion, and with ethnic ties. Pennsylvania had a representative assembly, voted by landowners. The colonists had freedom of worship and a "no tax-supported church". The rich mix of ethnic groups helped the colonists learn more about other cultures and also helped to bring forth new traditions. Therefore, liberation helped gain strength in the political, religious, and ethnic ties in Pennsylvania.

Edgar Allan Poe Essay -- English Literature

Edgar Allan Poe Essay How does E.A. Poe explore the themes of horror and obsession in his short stories? In Edgar Allan Poe’s short stories the black cat and The Tell Tale Heart, both terrify the reader by making them believe they are the person going through these terrifying tales, as they believe they can hear the heart pound under the floor boards as in The Tell Tale Heart. Or they feel very cocky as showing the police round the basement 2 – 3 times until it all goes wrong, they feel it was them who committed these awful crimes. In the Black cat short story, it is the madness of the characters that creates the perfect scary story, the man trying to kill the cat and eventually killing his wife. Poe creates an atmosphere of horror by making the reader feel they are the main character, that they have just driven an axe in to there wives head. He wants the reader to feel scared and unsure, to be scared next time they hear a soft beating sound that is unexplainable, to remember the story and haunt you for as long as you live. The techniques he uses to do this are simple, but very, very affective, he repeats words and describes the most minute thing, for example, â€Å"It was open – wide, wide open – and I grew furious as I gazed upon it. I saw it with perfect distinctness – all a dull blue, with a hideous veil over it that chilled the very marrow in my bones: for I had directed the ray as if by instinct, precisely upon the damned spot.† That shows how he describes almost everything giving you a great idea of what was happening and how he repeated words to give a incredible sense of fear. Another method used by Edgar Allan Poe to illustrate the obsessions of his characters is that they all were slightly ... ...es the perfect horror story of his time. As the when the story’s are read in the present they do not scare us as we have seen horror films with people having objects rammed through there heads and horrible things that would scare the hair of a little child’s back. But even how descriptive the story is it wouldn’t scare you because of our modern day society. The techniques used by Edgar Allan Poe created tension and fear, wanting to know what happened next. And that is what happened. Edgar Allan Poe is successful through being able to reflect his life into his work, create new techniques for generations onwards to use, he gave some of the best examples of narrative stories and created some of the most describing pieces of work ever. In most peoples eyes he succeeded in being one of the top horror writers of all time, if not the most remembered and the best.

How Much Ado About Nothing uses the comic genre to allow Shakespeare to expose and criticise Human Flaws

When Benedict states that ‘happy are they that hear their distractions and can put them to mending’, he is stating that characters are able to recognise flaws within their own character and, more importantly, are able to fix them. One conventional aspect of Elizabethan society, that is very much evident within ‘Much Ado’ About Nothing’, is social inequality. â€Å"In Shakespeare’s play, women are portrayed as being powerless in their own lives and in everything around them. † In Elizabethan society, men were dominant over women and made all the important decisions. In ‘Much Ado’ About Nothing’, the men frequently make bad decisions, and is a recurring theme throughout the play. Although Shakespeare was a product of his time, and accepted social norms and values, he demonstrated an understanding of women’s subjection by men in his work. The comic genre allows Shakespeare to push the boundaries when challenging social conventions. For example, Shakespeare is able to portray Beatrice as a feisty, sharp, intelligent woman. The audience are naturally, more open-minded because they realise that the play is a comedy and they're suppose to find it funny. As a consequence, this gives Shakespeare more freedom to create comedy within the play. In Shakespeare’s Much Ado’ About Nothing, Claudio is flawed character, although not appearing so initially: he is shown as a distinguished soldier under the command of Don Pedro, Prince of Arragon. In the first act, Claudio is introduced to the audience via a discussion between Leonato and a messenger in the presence of Leonato’s daughter, Hero, and his niece Beatrice, whereby the audience hear of Claudio’s heroism and admirability during the war and that Don Pedro regards him highly and has, â€Å"bestowed much honor† upon him. The messenger also suggests that Claudio has done tremendously well, as â€Å"He hath borne himself beyond the promise of his age†, suggesting Claudio is a mature character. The absence of Claudio from this scene means that the audience judge him based on what they have heard about him, as a consequence their first impression of Claudio is very positive. However, throughout the play the audience are introduced to his flaws of immaturity, haste and pride which all contradict with their first impression of him. Although the audience’s introduction to Claudio suggests maturity, this is proven to be false throughout the play. In a discussion between Claudio and Benedick, Claudio recognises that falling in love too quickly is a mark of immaturity, concerned that â€Å"liking might too sudden seem†. However, after one silent get-together of characters, Claudio finds himself in love with Hero and immediately talks longing that, â€Å"Hero would be my wife†. Therefore, Claudio seems to do the exact opposite to the statement in the question and adopts a distraction that he has already heard, acting in a contradictory manner and emphasises his immaturity. As well as this, Claudio is gullible, and allows he to be deceived by Don John into believing that Don Pedro has wooed Hero for himself, â€Å"my brother is amorous on Hero, and hath withdrawn her father to break with him about it. † Through Shakespeare’s use of dramatic irony, the audience feel frustrated with Claudio, as he instantly believes this false allegation without question, â€Å"Tis certain so, the prince woos for himself†. Furthermore, Claudio lacks the courage to confront Don Pedro about the allegation, hence choosing to blindly believe Don John over Don Pedro and Benedick, without seeking the truth, â€Å"Ho now you strike like the blind man. The audience feel frustrated because they know that Don Pedro is innocent, however they can't pass this information onto Claudio and are forced to watch the consequences unfold. Additionally, the audience feel frustrated with Claudio because it doesn’t seem likely that Don Pedro would betray Claudio due to the fact they have fought alongside each other at war and share a good relationship. However, the audience can sympathise with Claudio because his encounter with Don John at the masked ball was a setup in order to trick him. Due to the theme of the ball, whereby everyone had to wear masks and conceal their identity, Claudio thought that by pretending to be Benedick, he could deceive Don John and Borachio. By way of contrast, the opposite happens as Claudio believes that Don John thinks he is speaking with Benedick, â€Å"Are not you Signor Benedick†, â€Å"You know me well, I am he†. As a consequence, Don John finds it much easier to deceive Claudio. When Don Pedro asks Claudio, â€Å"wherefore are you sad†, Claudio intentionally replies with very brief, indirect responses that forces Don Pedro to investigate into the matter further. I believe by doing this, Claudio fulfils his need for attention, which in itself is a sign of immaturity. For example, Claudio replies with â€Å"Not sad, my lord†, stopping to allow Don Pedro to continue asking questions. As expected, Don Pedro replies, â€Å"How then? Sick? † In which Claudio replies â€Å"Neither, my lord†, again, allowing room for Don Pedro to investigate. However, Beatrice who allows the conversation to carry on, interrupts this process, â€Å"The count is neither sad, nor sick, nor merry, nor well: but civil†. After Claudio realises that Don John has deceived him at the masked ball, the audience expect Claudio to put his flaw ‘to mending’. However, Claudio fails to do this and allows himself to be deceived by Don John once again. The night before the wedding, Don John deceives both Don Pedro and Claudio into believing that Hero â€Å"is disloyal† and has slept with another man. Don Pedro questions the allegation at first â€Å"I will not think it† whereas Claudio is quick to believe it to an extent â€Å"May this be so? The fact Don Pedro is able to question the allegation shines a negative light upon Claudio who should not question Hero’s dishonesty. The audience feel frustrated with Claudio through Shakespeare’s use of dramatic irony, allowing the audience to know the truth that Hero is innocent, especially when Claudio rushes to plan his revenge, whereby he will â€Å"wed, there will I shame her. † Women in Elizabethan times were objectif ied and became possessions of their husbands. They would not have attended school and their â€Å"education would have been purely of domestic nature† in preparation for marriage. As men were seen as the superior figure that provided for him and his family, their pride and dignity meant the world to them. Therefore, to be a cuckold (a man married to an unfaithful wife) associated much shame and brought down the male’s social standing. Baring this in mind, a contemporary audience would be more sympathetic with Claudio’s rash decision as they would share a better understanding of Claudio’s fear of shame. On the other hand, a modern audience would not be as sympathetic because social norms and values, especially gender inequality, has changed. However, the audience cannot entirely blame Claudio because he believes that he actually witnessed the supposed affair. On the other hand, the audience blame him for not confronting Hero, just like he failed to confront Don Pedro after the masked ball. Evidently, Claudio has not recognised his flaw of being deceptable to lies and failing to confront them, therefore failing to fix it. Through dramatic irony, the audience know that Hero is completely innocent. In addition to this, they also know that Claudio intends to publically humiliate her at the wedding. The audience sympathise with Hero, especially when they see how excited she is before the wedding, â€Å"God give me joy to wear it! for my heart is exceeding heavy. † On the day of the wedding ceremony, Leonato shows that he shares the tendency to rush into conclusions like Claudio. When Claudio publicly shames Hero, â€Å"Not to be married, not to knit my soul to an approved wanton†. Leonato at first defends Hero’s honor, â€Å"Dear my lord, if you in your own proof†¦ made defeat of her virginity. It’s only when Don Pedro supports the claim made by Claudio that his daughter has slept with another man that Leonato suddenly believes the claims made and turns against his own daughter. Leonato even goes as far as saying that he regrets having a daughter, and â€Å"Death is the fairest cover for her shame†. Leonato understands that no other man will marry Hero because they will become a cuckold, bringing shame to himself; therefore Hero has nobod y to support her, as she is unable to support herself due to the conventional norms of the Elizabethan period. The audience are shocked by Leonato’s reaction because through dramatic irony, they know Hero is innocent. However, the audience also know that by comparing the ending of a comedy to a tragedy, that no serious consequences will be inflicted upon her. It is not until Friar Francis is introduced that Leonato seems like a failed father, because Friar Francis doubts Hero’s disloyalty and so offers a chance of redemption, with a practical plan to prove her honesty. Leonato is unable to believe his own daughter over the Prince and Claudio whereas a stranger can, emphasising his failure as a father. It is also arguable that Leonato’s pride clouded his judgement when choosing to believe his daughter’s innocence and is the reason why he was quick to believe the allegation when Don Pedro supported it, suggesting that â€Å"maturity is the trait most lacking in all of the play’s characters†; their susceptibility to pride and deception, and their â€Å"inability to think before drawing their conclusions†, are more about immaturity than any other quality. However, towards the end of the play Leonato loses interest in pride, replacing it with the determination to be a better father. Leonato confronts Don Pedro and Claudio with resentment, whilst trying to remain courteous, over publicly shaming his daughter whilst she was innocent. In confrontation, Leonato addresses Claudio as immature, stating that â€Å"If thou kill’st me, boy, thou shalt kill a man. † Leonato reminds Claudio that â€Å"thou hast kill'd my child†, and expresses that if he kills Leonato, he will at least kill a man and not an innocent child. Similarly, Leonato isn’t the only character in the play to call Claudio a ‘boy’, for example Antonio calls Claudio a ‘boy’ a few times when he demands Claudio to â€Å"come, follow me, boy; come, sir boy, come, follow me†. As well as this, Benedick later on says to Claudio, â€Å"Fare you well, boy†¦ I will leave you now to your gossip-like humour. † This evidence suggests that many other characters, as well as the audience see Claudio as an immature character. Although Leonato must talk with respect to the Prince, he speaks with sarcasm, â€Å"Are you so hasty now? well, all is one†. Therefore, it’s evident that Leonato has learned his lesson that his pride and loyalty to the Prince can turn him against his own family and that he shouldn’t let anyone influence his own judgment. Additionally, the view of ‘susceptibility to pride and deception’ is strengthened from the point of view of a modern audie nce, because to criticise the characters on the grounds of being susceptible to pride is contradictory to the social norms of the Elizabethan period. For example, an Elizabethan man’s good name was of considerable worth to him and any action that tarnished it, would affect his social standing. However, Shakespeare highlights that ‘susceptibility to pride and deception’ and ‘the inability to think before drawing conclusions’ are major flaws found within the play and within Shakespearean society. It is through the comic genre that Shakespeare is able to portray his message that all of us, to some extent, have our own character-flaw(s) and it’s those who can fix them that benefit – like Leonato. Furthermore, as the audience watch ‘Much Ado’ About Nothing’ and laugh at the character-flaws found within it, it makes them realise that their own character flaws can just as easily, be made fun of, as â€Å"Comedy is intimidating and encourages complacency in those who laugh†. Many people have a fear of being laughed at because it makes them feel inferior. This is known as superiority theory, whereby people laugh at something or someone to make themselves seem superior. Due to this fear of being laughed at, people are more encouraged to fix the things that are comical, such as their human flaws.

Sir Walter Raleighs First Journey to El Dorado

Sir Walter Raleigh's First Journey to El Dorado El Dorado, the legendary lost city of gold rumored to be somewhere in the unexplored interior of South America, claimed many victims as thousands of Europeans braved flooded rivers, frosty highlands, endless plains and steamy jungles in the vain search for gold. The most well-known of the obsessed men who searched for it, however, must be Sir Walter Raleigh, the legendary Elizabethan courtier who made two trips to South America to search for it. The Myth of El Dorado There is a grain of truth in the El Dorado myth. The Muisca culture of Colombia had a tradition where their king would cover himself in gold dust and dive into Lake Guatavit: Spanish conquistadors heard the story and began searching for the Kingdom of El Dorado, â€Å"the Gilded One.† Lake Guatavita was dredged and some gold was found, but not very much, so the legend persisted. The supposed location of the lost city changed frequently as dozens of expeditions failed to find it. By 1580 or so the lost city of gold was thought to be in the mountains of present-day Guyana, a harsh and inaccessible place. The city of gold was referred to as El Dorado or Manoa, after a city told of by a Spaniard who had been captive of natives for ten years. Sir Walter Raleigh Sir Walter Raleigh was a famous member of the court of Queen Elizabeth I of England, whose favor he enjoyed. He was a true Renaissance man: he wrote history and poems, was a decorated sailor and dedicated explorer and settler. He fell out of favor with the Queen when he secretly married one of her maids in 1592: he was even imprisoned in the Tower of London for a time. He talked his way out of the Tower, however, and convinced the Queen to allow him to mount an expedition to the New World to conquer El Dorado before the Spanish found it. Never one to miss the chance to out-do the Spanish, the Queen agreed to send Raleigh on his quest. The Capture of Trinidad Raleigh and his brother Sir John Gilbert rounded up investors, soldiers, ships, and supplies: on February 6, 1595, they set out from England with five small ships. His expedition was an act of open hostility to Spain, which jealously guarded its New World possessions. They reached the Island of Trinidad, where they cautiously checked out the Spanish forces. The Englishmen attacked and captured the town of San Jose. They took an important prisoner on the raid: Antonio de Berrio, a high-ranking Spaniard who had spent years searching for El Dorado himself. Berrio told Raliegh what he knew about Manoa and El Dorado, trying to discourage the Englishman from continuing on his quest, but his warnings were in vain. The Search for Manoa Raleigh left his ships anchored at Trinidad and took only 100 men to the mainland to begin his search. His plan was to go up the Orinoco River to the Caroni River and then follow it until he reached a legendary lake where he would find the city of Manoa. Raleigh had caught wind of a massive Spanish expedition to the area, so he was in a hurry to get underway. He and his men headed up the Orinoco on a collection of rafts, ship’s boats and even a modified galley. Although they were aided by natives who knew the river, the going was very tough as they had to fight the current of the mighty Orinoco River. The men, a collection of desperate sailors and cut-throats from England, were unruly and difficult to manage. Topiawari Laboriously, Raleigh and his men made their way upriver. They found a friendly village, ruled by an aged chieftain named Topiawari. As he had been doing since arriving on the continent, Raleigh made friends by announcing that he was an enemy of the Spanish, who were widely detested by the natives. Topiawari told Raleigh of a rich culture living in the mountains. Raliegh easily convinced himself that the culture was an offshoot of the rich Inca culture of Peru and that it must be the fabled city of Manoa. The Spanish set out up the Caroni River, sending out scouts to look for gold and mines, all the while making friends with any natives they encountered. His scouts brought back rocks, hoping that further analysis would reveal gold ore. Return to the Coast Although Raleigh thought he was close, he decided to turn around. The rains were increasing, making the rivers even more treacherous, and he also feared being caught by the rumored Spanish expedition. He felt he had enough â€Å"evidence† with his rock samples to drum up much enthusiasm back in England for a return venture. He made an alliance with Topiawari, promising mutual aid when he returned. The English would help fight the Spanish, and the natives would help Raleigh find and conquer Manoa. As part of the deal, Raleigh left two men behind and took Topiawari’s son back go England. The return journey was much easier, as they were traveling downstream: the Englishmen were joyful at seeing their ships still anchored off of Trinidad. Return to England Raleigh paused on his way back to England for a bit of privateering, attacking the Island of Margarita and then the port of Cuman, where he dropped off Berrio, who had remained a prisoner on board Raleigh’s ships while he looked for Manoa. He returned to England in August of 1595 and was disappointed to learn that news of his expedition had preceded him and that it was already considered a failure. Queen Elizabeth had little interest in the rocks he had brought back. His enemies seized upon his journey as an opportunity to slander him, claiming that the rocks were either fake or worthless. Raleigh defended himself ably but was surprised to find very little enthusiasm for a return trip in his home country. The Legacy of Raleigh’s First Search for El Dorado Raleigh would get his return trip to Guyana, but not until 1617 - more than twenty years later. This second journey was a complete failure and directly led to Raleighs execution back in England. In between, Raleigh financed and supported other English expeditions to Guyana, which brought him more proof, but the search for El Dorado was becoming a hard sell. Raleighs greatest accomplishment may have been in creating good relations between the English and the natives of South America: although Topiawari passed away not long after Raleighs first voyage, the goodwill remained and future English explorers benefitted from it. Today, Sir Walter Raleigh is remembered for many things, including his writings and his participation in the 1596 attack on the Spanish port of Cadiz, but he will forever be associated with the vain quest for El Dorado. Source Silverberg, Robert. The Golden Dream: Seekers of El Dorado. Athens: the Ohio University Press, 1985.

An Occurance at Owl Creek Bridge essays

An Occurance at Owl Creek Bridge essays For as long as videos have been available to the public, there has been the question of whether or not they are as stimulating to the mind as the written story. Ambrose Bierces, An Occurrence at Owl Creek Bridge, and the short film it became when director, Robert Enrico adapted it to a visual medium, would be a good set to study to answer this question. They have their similarities, such as preparation, themes, and plot. Both also bring their own tactics to the storytelling table. The two versions of this story give a sense, by placing union troops around a perimeter, that the main character is surrounded, with no chance of escape. He has a love for nature, family, and life in both. This is illustrated by the way that he thinks of his wife and shows love for the earth when he is alive. Both consist of a series of escapes ending with a sudden, shocking death. Time is imaginary, and is warped and deliberately mishandled in both. Both use death to end the warp in time and bring the audience back to reality. The film version of this story adds a definite sense of sound with a soundtrack. This helps to stir emotions, and the lyrics help get a point across. The film also brings into play a bit of symbolism, leading to many parallels with the crucifixion of Jesus. The written story tells us some background of who the main character is, and fills in the story behind his hanging. Both Robert Enricos film and Ambrose Bierces written work tell approximately the same story, but both have their own way of doing it. As for all films and books, the same may be true. Both are beneficial to audiences in their own way. ...

Psittacosaurus - Facts and Figures

Psittacosaurus - Facts and Figures Name: Psittacosaurus (Greek for parrot lizard); pronounced sih-TACK-oh-SORE-us Habitat: Scrublands and deserts of Asia Historical Period: Early to middle Cretaceous (120 to 100 million years ago) Size and Weight: About 3 to 6 feet long and 50 to 175 pounds, depending on species Diet: Plants Distinguishing Characteristics: Short, blunt head with curved beak; small horns on cheeks About Psittacosaurus As you may have guessed from its name, Greek for parrot lizard, what set Psittacosaurus apart from other dinosaurs of the Cretaceous period was its distinctly un-dinosaur-like head. This plant-eaters curved beak made it somewhat reminiscent of a parrot, but otherwise, its squat noggin was distinctly tortoise-like. (One shouldnt draw too much from this analogy; Psittacosaurus, and other ornithischian dinosaurs like it, werent directly ancestral to modern birds, an honor that belongs to saurischian dinosaurs.) Although its often depicted in a four-legged posture, paleontologists believe some species of Psittacosaurus (there are at least 10 currently named) walked or ran on two legs. (A new study concludes that this dinosaur scuttled around on four legs as a juvenile, then assumed a bipedal posture thanks to a growth spurt in its hind legs.) Psittacosaurus seems to have led a relatively quiet life, although the horns on its faceprobably a sexually selected characteristicindicate that the males may have engaged in combat with each other for the right to mate with females. Theres also solid evidence that Psittacosaurus cared for its young after they hatched, like the distantly related duck-billed dinosaurs Maiasaura and Hypacrosaurus. By the way, you wouldnt know it from its small, unprepossessing appearance (six feet from head to tail and 200 pounds, max, for the largest species), but Psittacosaurus is classified as a ceratopsianthe family of horned, frilled dinosaurs the most famous members of which were the much later Triceratops, Protoceratops, and Styracosaurus. In fact, Psittacosaurus was one of the most basal ceratopsians, predated only by the late Jurassic Chaoyangsaurus and itself a close cousin to a bewildering array of proto-ceratopsian genera, including Yinlong and Leptoceratops.

Construction - Contemporary studies (sustainability, legislation, Essay

Construction - Contemporary studies (sustainability, legislation, built enviroment, protect plant and wildlife) - Essay Example Also, this would also help the public to understand the penalty applicable if any blatant violations of the regulations are made. European Commission in its sixth and the present action plan for the environmental management termed as â€Å"Environment : 2010 Our future Our Choice† has identified nature and the biodiversity as two priority areas that need to be given proper attention to ensure sustainable development in a region. In this connection various action plans in the form of regulations and community participative strategies are being formulated and put these ideas into practice. As builders and construction contractors are the most involved group with the nature and biodiversity , an awareness on the acts relating to the legislations and regulations would help the plan the development process without infringing the prevailing regulations and norms (Begon et al, 1996, Ratcliffe, 1977). The significant legislations by the UK government to manage construction while preserving the wildlife are as follows. This legislation is exclusive to England and Wales inorder to strengthen the protection given to Sites of Special Scientific Interest (SSSIs) and other wildlife locations. The duty of its strict enforcement is rested with the government ministers and officials of both England and Wales. This is the important legislation that has strong implication on construction contractors. It is now considered as criminal offence to disturb and damage those nesting birds and species which is protected under various schedules. The legislation have been brought into force for England and Wales inorder to protect various species of the trees. The local planning authority would place a order on the protection of certain trees or their group for the proper conservation of these biomass for the purpose of better living environment. This regulation is applicable in England and Wales and provides adequate protection to

Analysis of a compelling project Essay Example | Topics and Well Written Essays - 4000 words

Analysis of a compelling project - Essay Example While I agree with several of Lanier’s criticism’s of Technology, I nonetheless believe wholeheartedly that Technology is leading us forward and that it is revolutionizing communication in an ultimately positive manner. That said, Technology remains very unpredictable – as in the case of technological singularity – and often difficult to manage and direct once it has been released into the culture, particularly via the economy. Once the marketing cycle has taken up a piece of Technology, its future leaves the hands of the designer forever. Therefore, designers and technologists need to take our embryonic design steps very cautiously as we advance even farther into the realm of Technology. As Lanier explains: [Technology] can change how you conceive of yourself and the world. [Designers and technologists] tinker with your philosophy by direct manipulation of your cognitive experience, not indirectly, through argument. It takes only a tiny group of engineers to create technology that can shape the entire future of human experience with incredible speed. Therefore, crucial arguments about the human relationship with technology should take place between developers and users before such direct manipulations are designed (6). This supposition on the part of Lanier’s I agree with one hundred percent. ... Artificial Intelligence typically receives a negative treatment in the media, particularly in the cases of dystopian visions of a world once Technological Singularity has occurred. The standard plot line features hapless human beings at the mercy of or terrorized by malevolent Artificial Intelligence forms such as those found in I, Robot, Blade Runner, 2001: A Space Odyssey, and AI. The dystopian nightmare scenario of Technological Singularity received full treatment in the 2004 to 2009 sci-fi television series Battlestar Galatica, wherein a race of Artificial Intelligence life forms created by human beings and called the Cylons evolved to the point where they declared war on their human creators, exiled the human beings from their home planet, and hunted them mercilessly across multiple galaxies. While the dystopian, negative treatment of Technological Singularity may be the norm, it originates largely in fear and ignorance. I am not a technophobe, and I do not believe in the inhere nt dystopian view of Technology and Artificial Intelligence. I do however believe in mindful awareness of the power of technology to transform human society – for good or ill. In Lanier’s words, I understand that â€Å"Technology is not innocent, because its consequences are too direct† (Lanier 5). I found the topic of Week Four, You Are Not A Gadget: Technologies, Devices, Mediations to be the most appealing one and the lecture most aligned with my studies. The readings for this topic relate more with my interests in Design and Technology, and I believe that conducting research about this topic will benefit me in my future endeavors in the field of Design and Technology. Before coming to the

Coursework Assignment Example | Topics and Well Written Essays - 2000 words

Coursework - Assignment Example Highly technology driven companies, both Nintendo and Sony have invested heavily in e-commerce activities which is quite apparent from their websites. Through their websites, both the companies facilitate their user relating to the placing new orders, acquiring customer’s feedbacks in order to enhance their services and also using it as a plat form for releasing new products and features. The report presents an analysis of both the companies in terms of operational and marketing strategy, what models they have adopted in order to generate revenue, striking marketing tactics and methods as portrayed in the websites of the both the companies. Competitor Analysis The method used in the competitor analysis of the Nintendo (Wii and Nintendo 3DS) and Sony (Playstation) is the Michael Porter’s five forces model. According to the model, there are five forces prevailing in the market which affects the competitive rivalry between the components. The analysis assists the companies in identifying the factors keeping which into consideration the company can devise its marketing and operational strategy. This model gives importance to the financial as well operational aspects of a business and sets criteria according to which the company can assess the activities of its competitors and counter them through effective and efficient management. The five forces according to the Porter’s model are as follows [2] The bargaining power of the customer can be regarded as the influence that the consumer base has on the pricing strategy of the company. Currently the Playstation and Nintendo 3DS are sold at prices $399 and $249 respectively. Since Playstation offers a more advanced and high tech gaming experience thus its prices are steeper as compared to its competitor. The fact that bargaining power of customer can cast significant impact on the profitability of the company can be corroborated from the fact that initially the Playstation was sold considerably belo w its per unit cost, causing a significant decline in the profitability of the company. In order to justify their demand prices, both the companies must communicate with their consumer base and make them aware the latest add-ons the product comes with and assuring them that the prices are justified. This requires innovation and smart marketing tactics. Suppliers of both the companies are the companies providing raw material for the manufacturing of the product. Software houses can also come under this category as they provide important technical expertise in devising interactive user interface. Bargaining power of supplier means that the supplier wants to obtain benefits through increased prices of raw material, reduction in the credit terms etc. This can also affect the financial outlook of the company with increased cost of goods sold and reduced profit margin. Other factors which the model takes into account are the threat of new entrants into the market and threats of the substi tute products. The biggest competitor of Playstation in the console gaming market is the Microsoft’s product ‘X-box 360’ which also offers high tech gaming experience. As per the Nintendo president Satoru Iwata said that the battle with Sony is over — referring to that the Wii has won over the PS3 — and that the new enemy is Apple, with its ever expanding mobile lineup. [3] Both the

Government objectives for rural areas Essay Example | Topics and Well Written Essays - 3000 words

Government objectives for rural areas - Essay Example e farming attains high ecological principles, minimising impression on natural resources, and administers appreciated landscapes and biodiversity; supplies both directly and indirectly to rural economic multiplicity; is itself ready for action and money-spinning; and offers high quality products that the public needs. Planning authorities have an imperative accountability to take part in distributing the Governments objectives for rural district, through their process of the planning system and the submission of the policies specified in Planning Policies. (ii) Good characteristic, cautiously-sited reachable development within obtainable towns and villages should be permitted where it payback the local economy and/or community (e.g. reasonable housing for recognized local requirements); maintains or improves the local surroundings; and does not discord with other planning policies. (iii) Convenience should be a key deliberation in all development result. Most developments which are probable to produce large numbers of trips should be situated in or subsequently to towns or other assistance centres that are available by public transport, walking and cycling, in line with the policies specified. Results on the position of other developments in rural areas should, where achievable, provide people the maximum prospect to approach them by public transport, walking and cycling, dependable with attaining the most important motive of the progress. (iv) New building development in the set off countryside away from on hand settlements, or outside regions owed for development in development strategy, should be severely proscribed; the Governments in general objective is to defend the countryside for the sake of its inherent character and attractiveness the multiplicity of its landscapes, legacy and wildlife, the prosperity of its natural resources and so it may be benefited from by all. (v) Main concern should be specified to the re-use of beforehand -developed

Leadership and entrepreneurship Essay Example | Topics and Well Written Essays - 2250 words

Leadership and entrepreneurship - Essay Example Most of the basic organizational problems such as distorted structural design, poor morale of managers and employees, communication gaps, resistance to change, inefficient controls, iniquitous salary structure, scarcity of resources, incompatibility with external environment and so on are attributed to poor leadership. Entrepreneurship on the hand, which is derived from the French word â€Å"entrprende†, as defined by the famous economist Adam Smith as, â€Å"the economic agents who transform demand into supply for profits†. One of the definitions of the term, includes, the founding of an enterprise which apparently includes all those associated with it such as the decision makers, the stakeholders and the initiators of business or a business idea. In conclusion, entrepreneurs are leaders who develop and grow enterprises. (Stephen Robins, 2004) Bill Gates or McDonald could well be considered as entrepreneurs due to their sheer vision and dedication of converting a business idea into a profitable and economically viable business option. The size of the business rarely affects the leadership qualities. For example, a leader of a national or international enterprise / organization, commands wide – spread influence over a large number of people while the influence of the leader of a small work group in an organization is relatively limited in scope. However this does not affect the fact that they leaders in their own right and fulfill all the duties and responsibilities of an entrepreneur. In a formal organizational setting, a leader enjoys a position of command and exercise power over their subordinates in order to get the work done and achieve the entrepreneurial goals laid down by the organization. The larger the group the greater the difficulties in exercising control over their subordinates. In such a situation, the leadership roles are often distributed among the subordinates, chosen

Government objectives for rural areas Essay Example | Topics and Well Written Essays - 3000 words

Government objectives for rural areas - Essay Example e farming attains high ecological principles, minimising impression on natural resources, and administers appreciated landscapes and biodiversity; supplies both directly and indirectly to rural economic multiplicity; is itself ready for action and money-spinning; and offers high quality products that the public needs. Planning authorities have an imperative accountability to take part in distributing the Governments objectives for rural district, through their process of the planning system and the submission of the policies specified in Planning Policies. (ii) Good characteristic, cautiously-sited reachable development within obtainable towns and villages should be permitted where it payback the local economy and/or community (e.g. reasonable housing for recognized local requirements); maintains or improves the local surroundings; and does not discord with other planning policies. (iii) Convenience should be a key deliberation in all development result. Most developments which are probable to produce large numbers of trips should be situated in or subsequently to towns or other assistance centres that are available by public transport, walking and cycling, in line with the policies specified. Results on the position of other developments in rural areas should, where achievable, provide people the maximum prospect to approach them by public transport, walking and cycling, dependable with attaining the most important motive of the progress. (iv) New building development in the set off countryside away from on hand settlements, or outside regions owed for development in development strategy, should be severely proscribed; the Governments in general objective is to defend the countryside for the sake of its inherent character and attractiveness the multiplicity of its landscapes, legacy and wildlife, the prosperity of its natural resources and so it may be benefited from by all. (v) Main concern should be specified to the re-use of beforehand -developed

Supreme court case Essay Example | Topics and Well Written Essays - 250 words

Supreme court case - Essay Example In 1954, Oliver L. Brown began the process of reversing this by challenging the Topeka Board of Education on its policy of segregated schools. He was angry because his daughter had to walk six blocks across, cross train tracks, then board a bus and ride for over a mile to get to her black school, while there was a white school only six blocks away. This seemed especially ridiculous because his daughter’s playmates were largely white and attended that school. Unlike many areas, Topeka worked very hard to ensure that its white and African American schools were largely equal – they had equal funding, facilities and staff, so it essentially came to question whether it was possible for two facilities to actually be equal if they were separate. In a landmark ruling, the Supreme Court said that separate educational facilities are inherently unequal, and that the only way to ensure truly equal access to education was to have them not be segregated at all. This decision made it illegal to segregate schools based on race, and began a process of re-integration, which would eventually pave the road for many other improvements in race relations in

Larkin and Abse write about the society Essay Example for Free

Larkin and Abse write about the society Essay Larkin often seems to criticise society. In the light of this statement, what connections have you found between the ways in which Larkin and Abse write about the society in which they live? In your response include at least two of Larkins poems. Larkin criticises society in many of his poems and also does it from a superior place in an attempt to distance him from the society which he criticises and this can be seen in Nothing To Be Said. On the other hand, Abse writes about society and community whilst he participates in it and is a part of it. Larkin tries to stunt and remove the parts of society he criticises whilst it is clear Abse attempts to preserve many of the positives in society, for example in The Story of Lazarus, a story that surrounds the optimistic tale of someone surviving something so horrific. Abse is also very proud of the society from which he grew for example he is proud of being Welsh. Larkin labels and stereotypes the working class with a superior view in Nothing To Be Said, for example in the first stanza he describes the working class as small-statured cross-faced tribes, giving the impression that he views the working class as poorly developed, and a sense of savagery and it is possible to assume that Larkin viewed them as not very intelligent also. In addition to this, the use of the word tribes is particularly powerful and evokes this idea of animals and removes their traits as a human being. Larkins use of slow dying also helps to emphasise his views that these people arent contributing to society, just slowly dying as they trudge on in their day to day lives, however it could also be Larkins view that for him these type of people arent going fast enough either. It may be true of Larkins opinion that the only thing he shares in common with these people is death and it is possible that Larkin resents this and doesnt believe he should share anything at all with them. Larkin uses enjambment in the first verse to emphasise the steady rhythm at which everybody cruises towards death. In comparison, Abse likes to preserve people in time and focuses on the positives in society. Not only does Abse focus on positives but he presents them in a more favourable way unlike Larkin, in addition to this Abse takes people from history and gives them life again in his poetry for example The Story of Lazarus. This poem aims to continue the legacy of Lazarus, a survivor of the holocaust, he showed us the number on his arm. Abses views on society here suggest that he is upset that people are becoming less interested in preserving the tale, soon they merely nodded. In comparison, Larkin doesnt want to preserve the tale of the people he mentions in Nothing To Be Said, its as though the repetition of Slow dying is emphasising that for Larkin, it wasnt slow enough. Abse also hints at the biblical tale of Lazarus, suggesting that this tale should be savoured and of its significance. On the other hand, in Nothing To Be Said, the title and final line diminishes any significance of the society and can be interpreted that there is nothing more to say on the subject. In the Whitsun Weddings, an observational poem, Larkin takes superior views upon the wedding party, as he does in Nothing To Be Said, and he makes bold and unkind judgments such as mothers loud and fat. Unlike Abse, Larkin distances himself from society, for example in Whitsun Weddings, I leant More promptly out next time he tries to be involved in society but never feels like he fits, and the train in the poem separates Larkin from community. In the Whitsun Weddings Larkin shows a slightly more sympathetic side as he discusses the train journey from Hull to London and how much it has changed and perhaps shows a sentimental side regarding how time has changed the things he knew. In addition to this, the train journey could be a metaphor for Larkins inability to adapt to ever changing society and the fast pace that it moves. To conclude, Abse celebrates people within society and relishes the opportunity to be a part of it, where as Larkin tries distinctly hard to distance him from the ever modernising world, in attempt to disguise his insecurities and promote his sense of superiority. This superiority removes any doubt in Larkins mind that he could be wrong and therefore missed out on so many things in life. Abse on the other hand is proud of the society from which he came, especially emphasises his Welsh nationality and in addition to this his Jewish faith. To conclude, Larkins poems reflect on all that is missing in society, while Abse is in the middle of it and making the most of everything positive society has to offer.

Forensic Science In Twenty First Century Criminal Justice Criminology Essay

Forensic Science In Twenty First Century Criminal Justice Criminology Essay Forensic science (often is written as forensics) is a number of different sciences that answer questions of legal system. This may be relevant to a crime or a civil action. It is also relevant to a legal system, more generally forensic science covers the accepted scientific methodology and norms with the help of which the facts regarding some events, or artifacts, or some other physical item that can be the case. In that regard the concept is related to the idea of authentication, where by an interest outside of a legal form exists in determining whether an object is what it wishes to be, or is alleged as being. Nowadays it is certainly easier to solve crime problems than it was 70 years ago, because of the progress that was made in science, and especially in forensic science. New crime solving techniques that appeared were created in order to help law experts to solve cases that are baffling the first time. If we took a look at the role that forensic science plays in the sphere of justice criminal law, we would understand how significant it is in solving crime problems because: It really helps to identify the gist of the crime: we can divide crime into two types: crimes that are accidents and another type is: that are made by design. Analyzing the evidence with the help of a forensic microscope we see experts in enforcement area to understand if the crime can be qualified as a murder, suicide or some other form of accidental death. If it is qualified as a murder, experts tell if the crime was accidental or not. Forensic science is used to detect drug offenses, automobile accidents and burglaries and arsons Forensic science helps to remove someones prejudices to the crime: It makes officers to explore only the evidence and not look at their feelings or instincts. That is why it helps to have the right way to solve a crime (Federal Bureau of Investigation, 2004, p. 32). We also should mention that the most important is that, it helps solve the crime itself: Examine such facts as the time of death or any other physical basis, forensics can tell for sure if a man is guilty in the crime or innocent as he claims. Forensic science extends into a lot of sub-sciences which uses natural science techniques to get relevant criminal and legal evidence (Richbourg, J., 2004, p.17). Forensic science specialties of the 21st century include: Forensic Accounting This science allows receiving, examining and taking into account obtained data. Digital Forensics (also called as Computing Forensics) includes scientific methods and techniques used for search, recovery of information on digital media (pictures, e-mail). Forensic Document Examination This science allows studying, recovering and understanding the documents, making an analysis of handwriting and drawings, charts and graphics. Many studies involve a comparison of the observed document, or components of it, to a set of known standards. Forensic Economics The purchasing, researching and understanding of evidence that are from economic field, business. Forensic Engineering This science includes reconstruction, researching and explanation of buildings. (Escholz S., 2002, p. 319). Forensic Linguistics The searching and explanation of language. Forensic Origin and Cause The researching, explanation and identification of a fire for the express purpose of determining the cause of ignition and origin of the fire. Forensic Anthropology is the kind of physical anthropology, relevant to a legal situation, examines bones. Forensic Photography reconstructing, and preceding a photographic explanation of a crime scene. Forensic Psychology and Psychiatry It includes researching, evaluation and understanding of mental illnesses and mans behavior for. Criminalistics is the supplement of combination of clues (i.e. fingerprints imprint footwear impressions and tire tracks), ballistics, trace evidence, controlled material. Criminalistics includes clues collected from different kinds of sciences to find the answers of questions relating to the researching and comparison of criminal investigations. This evidence is usually processed in a crime lab. Forensic Biology includes testing DNA and serological tests of physiological that helps in identification and individualization. Forensic Entomology helps in determination of time and location of death, by studding how insects influence the human remains, also can tell if the body was moved after death or not. Forensic Geology is a kind of science that works with minerals, soils and petroleum (Escholz et al., 2002, p. 321; Surette, 1998.p. 194). Forensic Meteorology is an analysis of prior weather situation, specific to the site being observed. Forensic Odontology is the science about teeth- specifically, the uniqueness of dentition. Forensic Pathology combines the spheres of medicine and pathology, determines the cause of injury or death. Forensic Toxicology is science that helps to give the evaluation and the elucidation of the effects of chemicals, poisons, and drugs on the human body. Forensic archaeology is the example of a mixture of forensics and archaeological techniques. Forensic psychology discovers the humans mind, with scientific methods. It often deals with the circumstances behind a criminals behavior. Forensic video analysis is the scientific research, comparison, and analyzing of video in legal matters (Cather, K.H., 2004, pp.9-10). Forensic engineering is the studding and analyzing of different objects in order to answer questions as to their failure or reason of damage. Forensic limnology is the analyzing of clues gathered from crime scenes in or around fresh water sources. Revision of biological organisms, particularly diatoms, can be used in connecting suspects with victims. Forensic science is very important for policing, criminal investigations and court processes because it helps with: Crime-Solving Contributions. Forensic science helps in to solving crimes through investigative activities such as studding the reason of death, finding missing persons and identifying suspects. Determining Cause of Death. Experts-pathologists define the reason of someones death by making autopsies. Making such procedures, they can tell the reason of death and the time of it. Identifying Suspects. Forensic experts can understand suspects by examine clues got from the scene of a crime ( hairs, blood, fibers and fingerprints). Finding Missing Persons. Scientists can help to find people disappeared a long time using the process of image modification. Using this method, a photograph can show how someone may look after some years without being seen (Cather, K.H., 2004, pp.11; Escholz et al., 2002, p. 339). Profiling Criminals. Forensic experts use profiling when they want to find suspects. While studding a crime accident, they can tell about a criminals personality and patterns. Forensic Science is important because it helps in analyzing of forensic clue is used in the prosecution and investigation of civil and criminal proceedings.   It can help to find the guilt or innocence of suspects. The public is primarily educated about forensic science by Hollywood films and television shows (Barak, 1995, p. 3). Within the past ten years, the emphasis on forensics as a primary tool to solve crimes has increased significantly on broadcast television with shows like CSI. In comparison, Hollywood films have rarely featured a forensic scientist working in a lab or out in the field as a main character. Typically, the police make a stop at the crime lab to drop off or pick up potential evidence, thus move the films investigative plot forward. Nevertheless, as depicted by the media, forensic science is a broad field practiced by both genuine forensic scientists and law enforcement investigators. In the real world, the duties of forensic specialists are normally limited to forensic science techniques; however, police investigators use forensic methods on occasion (Cather, K.H., 2004, p.13) Audiences have learned about forensics from television as well as film. Television has shown both traditional forensic science and the use of forensic science by law enforcement through news shows, documentaries, docudramas and crime dramas. These have been given much greater exposure lo the public in various television formats than Hollywood films ever did. Probably first to focus on forensic scientists were investigative news shows, such as 60 Minutes, 48 Hours, and MSNBC investigates. These often featured repugnant criminal acts that were solved through the use of forensic science evidence. During the mid 1990s, docudramas that focus on forensic scientists began to emerge. New Detectives, FBI Files, and Forensic Files, feature actors to recreate actual cases to depict how forensic science evidence assisted in the successful capture of offenders. Nowadays there are a lot of videos and documentary films about forensics, such as A Case of Murder, Dead Mens Tales, Killers Trail, The Case for Innocence, The Case for Innocence, Jeffersons Blood, The Bone Collector, Murder by Numbers, Kiss the Girls. We should also mention such great television Series with Forensic Science Elements as CSI: Crime Scene Investigation, Crossing Jordan, Law and Order (Richbourg, J., 2004, p.19). We can find a lot of True life crime forensic science on television in such shows as: New Detectives, Forensic Files, I, Detective, Cold Case Files, Medical Detectives, Forensic Science, Unsolved History. The fact that television shows aspects of sciences makes it a honor. The TV shows like CSI has made students to be interested in forensics courses. Young people who watch CSI believe that those scenarios, where forensic scientists are always right, are what happen in reality. It means that in court, juries are not always impressed with evidence presented using scientific terms. Another big problem created by media coverage of forensic science is that it informs criminals of the techniques the police use to catch them. That is why, some forensics experts are not willing to cooperate with the media (Cather, K.H., 2004, pp.13). There is an increasing amount of criminals who use gloves while making crimes and even use condoms during rapes in order not to leave their DNA at the scene. As a conclusions we can say that a minority of Americas population has had no direct experience with the criminal justice system (Escholz et al., 2002, p. 328; Surette Otto, 2002, p. 450). That is why those who are called for jury duty know very little of the capabilities of the use of forensic science to resolve criminal investigations. With the media serving as a primary source of information to 95% of the public (Surette, 1998.p. 197), the reality of forensic science in the average citizens mind could be based only on the medial depictions of forensic experts. The ability of media to reach a broad audience seems to have caused a reaction by trial lawyers. For the last several years, the forensic crime drama CSI has surpassed the popularity of any other television show (Nielson Media Research. 2004). Nearly 80% of the surveyed lawyers suspected fans of forensic crime dramas have unrealistic expectations of evidence. The common belief among trial lawyers that forensic crime dramas create such unrealistic expectations seems to have resulted in several changes while preparing for trials and during criminal proceedings. First, a slight majority of the lawyers reported they ask jury candidates if they specifically view forensic crime dramas during voir dire. Attorneys also may be compensating for the possibility that jurors have unrealistic expectations of forensic evidence by submitting additional evidence for forensic testing. Fifty-one percent of the lawyers reported requesting some forensic tests more than they did five years ago. In contras t, prosecuting attorneys maybe requesting further forensic test because of an increased interest in matters involving forensic science by defense attorneys. For every topic of defense interest investigated by the current study, at least 59% of the lawyers reported an increase. The responses to surveys by criminal trial lawyers suggest the majority of attorneys have reacted the current popularity of forensic crime dramas. Before these findings can be accepted as a general nationwide trend, further research in multiple regions of the country is needed. Qualitative and quantitative studies should be designed to test the findings of this study and expound upon this possibility. Better preparation by judges and attorneys to counter such a trend is warranted.