Australian Competition and Consumer Commission

Australian Competition and Consumer Commission Consumer Law Consumer protection laws are normally designed to make sure that fair competition exists and that truthful information is available in the marketplace. They are formed by the government to guarantee the rights of consumers. Such laws are always established to prevent businesses from engaging in fraud and other specified unfair practices which allows them to gain advantage over competitors in the market (Boya 1987, 279).Advertising We will write a custom essay sample on Australian Competition and Consumer Commission specifically for you for only $16.05 $11/page Learn More They are also designed to protect the weak and who are not able to take care of themselves (Department of Trade and Industry 2006, 3). The Australian Consumer Law is mostly derived from the provisions that had been previously provided in the Trade Practices Act of 1974 (Australasian Legal Information Institute2011). The Commonwealth Competition and Consumer Act of 2010 which bec ame operational in January 2011 replaced the 20 different consumer laws which had existed in the various territories and states within Australia. The Australian government aims to ensure fair trading legislation and consumer protection across all the jurisdictions in the country (Kelly 2010). The Australian Competition and Consumer Commission (ACCC) as well as the Australian Securities and Investment Commission (ASIC) are charged with the responsibility of enforcing the Australian Consumer Law (Consumer Affairs Victoria, 2007(a)). They are considered to be a sovereign power in Australia. When considering whether o not to begin enforcement action against a trader the provisions of the Trade Practices Act of 1974, the enforcement body has to consider instances of unfair trade practices or contract terms as provided for in the Act (Consumer Affairs Victoria 2007(b), 3). Defining goods and services The enforcement body which may be the national or the local enforcement body has to consi der whether or not the good or service in question is covered under the regulated goods and services in line with the Australian Consumer Law. According to the Commonwealth Competition and Consumer Act of 2010, a person is accorded the right to file for a complaint if he or she had obtained service(s) or good(s) as a consumer provided that the sum paid (payable) for the service(s) or good(s) is below $40,000 or as laid down in the agreement (Brody 2010).Advertising Looking for essay on consumer law? Let's see if we can help you! Get your first paper with 15% OFF Learn More One is also taken to be a consumer if the good(s) or service(s) obtained are generally for consumption, personal or domestic use. Finally, one is considered to be a consumer if the good(s) comprise a vehicle or trailer that had been obtained primarily for use in the transportation of goods on public roads. Establishing whether the person is a consumer A consumer in this case is a person who obtains a good or service for the purpose of ownership or direct consumption, but not for other reasons such as resale, further manufacturing or production. On the other hand, according to the Act, a person is not considered to be a consumer if he or she obtained in order to re-supply. In addition, any person who acquires good(s) for the purpose of transforming it/them or for use in trade is not considered as a consumer (Averitt Lande 1997, 713). Transformation may mean production or manufacture process. Transforming could also mean repairing or treating some other good(s) or fixture on land. Thus, the Australian Competition and Consumer Commission has to establish that the person is a consumer before it enforces any proceeding. It has to determine whether according to the terms of the contract, the good(s) or service acquired was for direct consumption, was below $ 40,000 or if it is a vehicle, then its purpose was for doing transportation along public roads. This helps to determ ine whether the person is a consumer or not. However, the commission cannot enforce any proceedings in case the contract in question was an insurance cover or policy (Gans 2005, 40). According to Brody (2011) insurance contracts are exempted from the relief under the Australian Consumer laws. The Australian Commission Laws part 3, section 2 exempts some gas, electricity and telecommunication services from coverage (Brody 2010). These are covered by the Electricity Act of 2000 Gas Industry Act of 2001. General Protections Determining deceptive and misleading conducts The Australian Competition and Consumer Commission also has to establish whether or not the trader was engaged in misleading or deceptive conduct. Section 18 of the Australian Consumer Laws prohibits a business person or company involved in trade or commerce from engaging in any misleading or deceptive act (Consumer Action Law Centre 2008, 18).Advertising We will write a custom essay sample on Australian Competit ion and Consumer Commission specifically for you for only $16.05 $11/page Learn More Although misleading and deceptive acts have not been defined in this Act or in other Acts that apply the same provisions, the general meaning is any conduct or act that comprises misrepresentation of any kind. The commission not only establishes that the business person, corporation or organization had set to deceive or mislead the consumer/buyer, but also investigates whether the person, business or corporation could have engaged in deceptive or misleading acts despite having acted reasonably or honestly (O’Shea Rickett 2006, 139). Since the deceptive and misleading conducts have not been defined by the courts, an objective test has to be conducted by the court or tribunal. This is done to come to a decision on whether the act was deceptive or misleading. This court or tribunal has to decide whether the action or behavior was likely to deceive or mislead the general public or a specific group of people whom the conduct was targeted at. The commission and the tribunal/court may consider silence as act of deceit or misleading conduct in certain circumstances. For example, the tribunal or court may hold that failure to disclose information to the general public or certain demographic population was misleading if it was deliberately withheld for the benefit of the trader or corporation. Establishing misrepresentations The Competition and Consumer Commission may also open up a case against a person or trader who makes unfounded claims about the future. The Commonwealth Competition and Consumer Act of 2010 prohibit any act of misrepresentation regarding future matters (Brody 2010). According to the Fair Trading Act of 1999, any person who makes claims regarding the future must provide reasonable basis for doing so; otherwise, it is considered as misleading (Victoria Consolidated Legislation 2011). This means that before the commission institutes a legal ac tion against such a person or organization, it has to inquire the validity of the source of the claim. It can only commence a legal action against the individual, organization or institution if the information or projection is not likely to mislead or deceive the general public or a section of the public.Advertising Looking for essay on consumer law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Before the commission institutes a legal proceeding against a person, organization or corporation accused of deceptive and misleading act based on exclusion clause, the commission, tribunal or court has to investigate and find out whether the allegations made express disclaimer, and exclude liability on the person or organization for making deceptive and misleading statements in the particular advertisement. If an advertisement which contains the disclaimer is found not to have originated from the trader or company, then the person or organization is not liable for the misleading information found in the advertisement. However, if claims are made against a person or organization concerning disclaimers which do not prevent the act from being deceptive or misleading, then legal proceedings are instituted for communicating misleading information to prospective customers (Brody 2010). The Australian Competition and Consumer Commission does not initiate an enforcement action against a tr ader if it is found out that the trader had engaged in puffery. Puffery is defined in the Australian Consumer Laws as claims which could be exaggerated or are enthusiastically expressed in advertisement made by a trader, organization or corporation to promote their products and services, even though it is obvious that what is claimed in the advertisement cannot be taken seriously. The courts have often held that puffery cannot be considered as deceptive or misleading act. A statement is taken as mere puffery if any logical or sound person would not take the message seriously or even consider acting upon it. Brody (2010) presents an example of â€Å"best ever† as among the advertisement sentences which are considered as puffery. This means that the commission has to establish whether the statement used by the trader to make the advertisement constitutes puffery or was misleading and deceptive. It is assumed that consumers have the common sense to judge statements which have be en exaggerated and does not represent the reality. As such, the commission does not enforce any action against a trader who applies such tactics in an advertisement; unless there is other instances in the advertisement which constitute deceptive or misleading conduct (Jenkin Sylvan 2007). The Australian Competition and Consumer Commission has to consider whether the provisions of section 29 of the Act have been abused by the person, trader, organization or corporation before instituting a legal proceeding against the accused. Section 29 of the Act prohibits any individual, person or corporation from making false representation concerning various aspects of goods and services (Brody 2010). It is illegal according to the law to make any false representation as regards price, need, quality, standard, value, and desirability (Katy 2002, 277). It is also unlawful to provide false information regarding approval or affiliation of the product, service or company. False assurance on warranty , guarantee and the right to remedy or availability also constitute misrepresentation as defined in section 29 of the Act. The person, organization or corporation making the sales or production is prohibited from lying on the sponsorship details of the product, services or company, performance characteristics as well as uses of benefits that potential customers are to gain from the good(s) or service(s) (Consumer Action Law Centre 2008). Finally, a company or trader is not allowed to provide false information concerning the place of origin, history or the age of the product or that of the company manufacturing the product or providing the service. Section 30 of this Act further prohibits any misrepresentation concerning the sale or award of an interest in land. According to the provisions in the Australian Competition and Consumer Act, a person, organization or company should not make representation about a sponsorship or affiliation to a land that he/she does not own. The section f urther states that a person, organization or company is not allowed to make misleading or false representation as regards the location, price, and the details of interest in land, its characteristics and potential use, as well as, availability of facilities on it. Thus, the commission has to determine whether the allegations made constitute misrepresentation as defined in the Act or not, before instituting legal proceedings against the person or organization. Establishing unconscionable conducts The Australian Competition and Consumer Commission has to determine whether the transaction constituted what is defined in the Act or interpreted by the courts as unconscionable conduct. The Act defines two types of acts which are considered as unconscionable. The first type is the unconscionable conduct as provided for in the â€Å"unwritten law† (Brody 2010). The Act prohibits a person, organization or company involved in trade or commerce from engaging in unconscionable conduct as described in the unwritten law. Such dealing may occur when unfair transaction or contract is made with a person with special disability. In that case therefore, the party that takes charge of the transaction or contract is not allowed to take unfair advantage of the disability of the person due to his or her disability or assume the disability situation (Consumer Action Law Centre 2004, 4). The commission institutes a legal proceeding against the trader or company if it is found that transaction or contract is very disadvantageous to the person with the disability. Unconscionable conduct consists of taking advantage of a person because of his or her age, sex, illiteracy, sickness as well as infirmity of mind (Australian Competition and Consumer Commission 2005, 2). Failure to provide explanation or assistance where necessary while making the transaction or contract also constitutes unconscionable conduct as is defined in the unwritten law. The commission also has to determine wheth er the contract or transaction process violates statutory unconscionability. Section 21 of the Act bars anybody or company involved in trade or commerce by supplying of goods or services from providing products or services to person in circumstances which constitute unconscionable conduct (Brody 2010). The commission or court has to establish the bargaining strength of each party involved and find out whether the consumer was made to fully understand the terms of contract or details of the transaction (Australian Competition and Consumer Commission 2009, 17). For the commission or court to begin a legal proceeding against the trader or company, the body also has to find out whether any unfair tactics or unwarranted influence were applied on the consumer (Consumer Affairs Victoria 2006, 15). In some instances, the consumer may be required to comply with the conditions stated by the supplier or trader, but it may not disadvantage the consumer. Thus, the commission or court has to anal yze the instance to be able to conclude whether the process is unconscionable under statutory law or not. In some cases, the product or service could have been acquired from a third party provider meaning that the trader or company may not be responsible for the terms of the dealing. It has to investigate matters leading to the formalization of the contract or transaction. Establishing unfair contract terms Finally, the Australian Competition and Consumer Commission has to consider whether the terms of the contract or transaction constituted unfair contract terms as defined in the constitution. A contract term is taken to be unfair if it leads to considerable imbalance in the rights of the parties involved in the contract or causes financial or non-financial disadvantage to the consumer involved in the contract (Consumer Affairs Victoria, 2008, 3; Hugh 1999, 73). It may not necessarily protect the legal interests of the company or supplier. Therefore, the commission must establish the transparency of the terms of the contract before instituting a legal proceeding against the trader, supplier or company (Geraint 1997, 257). Generally, the Australian Competition and Consumer Commission has to consider various factors which include whether the person (complainant) is a consumer or not, whether the good(s) or service(s) in question are covered and the consumer laws or not. After ascertaining that, it can then establish conducts in the contract or transaction process which violate consumer laws before instituting legal proceeding against the trader or company. Specific Protections False or misleading representations about goods or services When selling or advertising products, businesses should not provide misleading or false information that the good in question is of a given value, grade, standard, model, or style. For example, in 1975, Sharp Corporation made the false claim that the Standards of Australia had tested and approved every sharp microwave. According to the court’s decision, this was a false representation and as a result, a fine of $ 100,000 was imposed on Sharp (Australian Consumer Law 2011). Bait advertising A business is said to take part in bait advertising when it rues consumer to buy a certain product by offering an attractive price in full knowledge that the product in question has the likelihood of running out of stock (Australian Consumer Law 2011). In 2005, an investigation of Repco by ACCC revealed that the company had been involved in bait advertising for some products that had run out of stock. Wrongly accepting payment Businesses are prohibited from receiving payment from buyers if they have no intention of supplying them with the products within the specified time. For example, in 1981, World Travel Headquarters received a tour booking to Singapore from a client in the full knowledge that the tour had been changed form a 2-day trip to an overnight trip (Australian Consumer Law 2011). According to the deci sion made by the court, WTH had disobeyed the ban by accepting payment with the intention of supplying the service. Inertia selling Inertia selling involves spontaneously sending goods to an individual after which one coerces the individual to make payment for the goods. Businesses are prohibited from engaging in Inertia selling (Australian Consumer Law 2011). In addition, a person does not have to pay for an unsolicited good. Pyramid schemes This is a form of product distribution scheme in which participants earn a commission or profit once they have sold a product to a buyer. In addition, participants are encouraged to recruit other participants and for their efforts, they earn a commission as well. The more participants one introduces, the larger the commission. Contingent referral selling It involves giving buyers a commission, rebate or other benefits by a business so that the buyer can give the business constant details for other buyers. The ACL does not prohibit referral sell ing (Australian Consumer Law 2011). However, businesses are forbidden from participating in continent referral for later events, like referral for the purchase of products. Consumer transactions ACL intimately controls unwelcome consumer agreements, implying certain guarantee, and enforces certain minimum requirements with regard to the established agreements. Consumer guarantees The ACL endeavors to protect consumers by implying certain guarantees. In the case the consumer is being supplied with goods, the guarantees entails the ownership of the goods shall be passed on to consumers, that the consumer shall posses the goods wholly, and that the quality of such goods is acceptable (Australian Consumer Law 2011). In addition, the consumer should be guaranteed of goods that are in line with their descriptions. Unsolicited consumer agreements This agreement entails the supply of services or goods of approximately $ 100. Such an agreement is unsolicited conducted over the phone outside the business premises and over (Australian Consumer Law 2011). The consumer has also not received any invitation from the seller to negotiate over the supply of the goods or services. Evidence of transactions When a consumer orders for goods or service, he/she is at liberty to obtain evidence of the ensuing transaction. This is mandatory for transactions exceeding $ 75. The consumer can also request for proof of transaction for goods and services below this amount. Safety of consumer goods ACL Part 3-3 is charged with the responsibility of controlling consumer products. Product safety standards The ACL support the establishment of product safety standards. As a result of these standards, businesses are supposed to fulfill certain requirements regarding composition, contents, performance, design, and packaging (Australian Consumer Law 2011). The requirements also take into account testing of consumer goods, as well as the content and form of warning instructions, and markings on cons umer goods. Bans The ACL issues interim bans products and services that may cause injury to consumers. Interim bans should end after 60 days but can be extended (Australian Consumer Law 2011). The ACL prohibits businesses from selling products and services capable of injuring consumers, and which have received a permanent or interim ban. Recalls The ACL can recall goods failing to comply with the established product safety standard and which are capable of causing injury (Australian Consumer Law 2011). Once issues with a notice, businesses are required to recall products at once, and at the same time, inform the public of the defect and potential risk associated with the use of such products and services. Reference List Australian Competition and Consumer Commission 2009, Debt collection practices in Australia: Summary of stakeholder consultation, asic.gov.au/asic/pdflib.nsf/LookupByFileName/REP155-debt-collection-report.pdf/$file/REP155-debt-collection-report.pdf Australian Competi tion and Consumer Commission 2005, Don’t take advantage of disadvantage: A compliance guide for businesses dealing with disadvantaged or vulnerable consumers, accc.gov.au/content/item.phtml?itemId=704340nodeId=a372b4f5e79 c8e75c25a6e22999bfeebfn=BS%20Dont%20take%20advantage%20.pdf Australian Consumer Law 2011, Australian Consumer Law Update, nt.gov.au/justice/consaffairs/documents/Australianconsumerlaw update 4_2011.pdf Australasian Legal Information Institute 2011, Competition and Consumer Act 2010: Schedule 2, austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html Averitt, N W Lande, R H 1997, ‘Consumer sovereignty: A unified theory of antitrust and consumer protection law’, Antitrust Law Journal, vol. 65, pp. 713. Boya, U O 1987, ‘Consumer usage of unit pricing’, Journal of Consumer Studies and Home Economics, vol. 13, No. 1, p. 279. Brody, G 2010, Australian consumer law. The Law Handbook, lawhandbook.org.au/handbook/ch12s03s01.php Consume r Action Law Centre 2008,The consumer protection provisions Part V of the Trade Practices Act of 1974: Keeping Australia up to date, consumeraction.org.au/downloads/PtVProjectReport.pdf Consumer Affairs Victoria 2008, Application of unfair contract terms legislation to consumer credit contracts: Consultation paper, consumeraction.org.au/downloads/Submissiononapplicationof unfaircontracttermstocreditcardcontracts.pdf Consumer Affairs Victoria 2007a, Preventing unfair terms in consumer contracts:  Guidelines on unfair terms in consumer contracts, Consumer Affairs Victoria, Melbourne. Consumer Action Law Centre 2007b, Submission to the Productivity Commission Inquiry into Australia’s Consumer Policy Framework, consumeraction.org.au/downloads/ConsumerActionSubmissionto ProductivityCommission22June07Final.pdf Consumer Affairs Victoria 2006,The report of the consumer credit review, consumer.vic.gov.au/ca256902000fe154/lookup/cav_review_submissions3/$file/14cclsandclcvcrreportsub mission.pdf Consumer Affairs Victoria 2004, Discussion paper: What do we mean by vulnerable and disadvantaged consumers?, consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Publications _Reports_and_Guidelines/$file/vulnerabledisadvantaged.pdf Department of Trade and Industry 2006, Representative actions in consumer protection legislation: Consultation, bis.gov.uk/files/file31886.pdf Gans, J S 2005, ‘Protecting consumers by protecting competition: Does behavioural economics support this contention?’, Competition Consumer Law Journal, vol.13, No. 40. Geraint H 1997, ‘Seeking social justice for poor consumers in credit markets. In Iain Ramsay (ed).Consumer law in the global economy’, National and international dimensions, vol. 257. Hugh, C 1999, Regulating contracts, Oxford University Press, Oxford. Jenkin, M Sylvan, L 2007, Consumers and competition: Makingpolicies that work together. Presentation to the National Consumer Congress, Melbourne 15 March 2007, t reasury.gov.au/ncc/content/congress_proceedings.asp Katy, B 2002, ‘The uneasy position of unjust enrichment after Roxborough v Rothmans’, vol. 277, no. 23. Kelly, J 2010, ‘Shoppers and parents among those to benefit from law changes at midnight’, The Australian, 25 November, theaustralian.com.au/national-affairs/shoppers-and-parents-among-those-to-benefit-from-law-changes-at-midnight/story-fn59niix-1225979359030 O’Shea, P Rickett, C 2006, ‘In defence of consumer law: The resolution of consumer disputes’, Sydney Law Review, vol. 28, n. 1, p. 139. Victoria Consolidated Legislation 2011,Fair Trading Act 1999, austlii.edu.au/au/legis/vic/consol_act/fta1999117/

Life on Earth During the Precambrian Time Span

Life on Earth During the Precambrian Time Span The Precambrian Time Span is the earliest time period on the Geologic Time Scale. It stretches from the formation of the earth 4.6 billion years ago to around 600 million years ago and encompasses many Eons and Eras leading up to the Cambrian Period in the current Eon. Beginning of Earth The earth was formed about 4.6 billion years ago in a violent explosion of energy and dust according to the rock record from Earth and other planets. For about a billion years, the earth was a barren place of volcanic action and a less than suitable atmosphere for most types of life. It wasnt until about 3.5 billion years ago that it is thought that the first signs of life formed. The Beginning of Life on Earth The exact way life began on Earth during the Precambrian Time is still debated in the scientific community. Some theories that have been posed over the years include the Panspermia Theory, Hydrothermal Vent Theory, and Primordial Soup. It is known, however, there was not much diversity in organism type or complexity during this extremely long period of Earths existence. Most of the life that existed during the Precambrian Time span were prokaryotic single-celled organisms. There is actually a pretty rich history of bacteria and related unicellular organisms within the fossil record. In fact, it is now thought that the first types of unicellular organisms were extremophiles in the Archaean domain. The oldest trace of these that have been found so far is around 3.5 billion years old. These earliest forms of life resembled cyanobacteria. They were photosynthetic blue-green algae that thrived in the extremely hot, carbon dioxide-rich atmosphere. These trace fossils were found on the Western Australia coast. Other, similar fossils have been found all over the world. Their ages span about two billion years. With so many photosynthetic organisms populating the earth, it was only a matter of time before the atmosphere started to accumulate higher levels of oxygen since oxygen gas is a waste product of photosynthesis. Once the atmosphere had more oxygen, many new species evolved that could use oxygen to create energy. More Complexity Appears The first traces of eukaryotic cells showed up about 2.1 billion years ago according to the fossil record. These seem to be single-celled eukaryotic organisms that lacked the complexity we see in most of todays eukaryotes. It took about another billion years before the more complex eukaryotes evolved, probably through endosymbiosis of prokaryotic organisms. The more complex eukaryotic organisms began living in colonies and creating stromatolites. From these colonial structures most likely came multicellular eukaryotic organisms. The first sexually reproducing organism evolved around 1.2 billion years ago. Evolution Speeds Up Towards the end of the Precambrian Time period, much more diversity evolved. The earth was undergoing somewhat rapid climate changes, going from completely frozen over to mild to tropical and back to freezing. The species that were able to adapt to these wild fluctuations in climate survived and flourished. The first protozoa appeared followed closely by worms. Soon after, arthropods, mollusks, and fungi showed up in the fossil record. The end of the Precambrian Time saw much more complex organisms like jellyfish, sponges, and organisms with shells come into existence. The end of the Precambrian Time period came at the beginning of the Cambrian Period of the Phanerozoic Eon and Paleozoic Era. This time of great biological diversity and rapid increase in organism complexity is known as the Cambrian Explosion. The end of the Precambrian Time marked the start of the more quickly progressing evolution of species over Geologic Time.

The effect of Spanglish on writers writing output Essay

The effect of Spanglish on writers writing output - Essay Example One major advantage of Spanglish is its ability to illustrate the power of the mind to play with words showing further inventive and creativity at some certain point. In other words, Spanglish could eventually make substantial touch in creative writing as in a way it could be highly viewed as creativity of the mind especially in aspects concerning words are played. In most of creative writing techniques, playing with words are normally highlighted just to help emphasize the main point of the writers and even emphasize their creative touch for more aesthetic feel. In other words, by this specific advantage, Spanglish eventually affects the way people right these days. People have creative ways and means to express themselves in writing and Spanglish eventually is a specific tool in helping them to wallow in deeper sense of creativity with words. Therefore, with Spanglish, there could be an assurance of achieving creative piece. There is eventually a market for Latino and Spanglish is remarkably accepted as an evolution of the language growth (Kevane & Heredia, 2000, p. 136). In other words, with Spanglish, it is not only on the point that creativity can be nourished, but with it also includes the fact that a writer would be able to use language freely and openly and allow it to grow or even execute the things it must necessary do. These are just some of the advantages of Spanglish, which substantially show that it has remarkable impact on the writer’s creativity to play with words in a positive way.... 240). In other words, Spanglish could eventually make substantial touch in creative writing as in a way it could be highly viewed as creativity of the mind especially in aspects concerning words are played. In most of creative writing techniques, playing with words are normally highlighted just to help emphasize the main point of the writers and even emphasize their creative touch for more aesthetic feel. In other words, by this specific advantage, Spanglish eventually affects the way people right these days. People have creative ways and means to express themselves in writing and Spanglish eventually is a specific tool in helping them to wallow in deeper sense of creativity with words. Therefore, with Spanglish there could be an assurance of achieving creative piece. There is eventually a market for Latino and Spanglish is remarkably accepted as an evolution on the language growth (Kevane & Heredia, 2000, p. 136). In other words, with Spanglish it is not only on the point that creat ivity can be nourished, but with it also includes the fact that a writer would be able to use language freely and openly and allow it to grow or even execute the things it must necessary do. These are just some of the advantages of Spanglish, which substantially show that it has remarkable impact on the writer’s creativity to play with words in a positive way. Disadvantages of Spanglish Spanglish is usually written by bilingual writers which means they also have to look out for readers who in nature are bilingual and have great affinity for combined languages (Castillo, 2005, p. 190). The problem therefore with Spanglish is finding for good markets for it. Hispanic are good market opportunities for Spanglish (Castillo, 2005, p. 190), but

Carbon Footprint Essay Example | Topics and Well Written Essays - 500 words

Carbon Footprint - Essay Example rpool to work, take public transportation, turn off lights, reduce waste, plant trees, use rechargeable batteries, ride bike, reduce waste, print double sided, eat low carbon diet, go organic and buy electric vehicle. By using a more efficient vehicle my emissions will reduce, plants will help in releasing oxygen and giving out carbon dioxide, bike does not have any emission unlike using a vehicle (Ham, et al. 2000). Emissions are also reduced by carpooling even though by driving we increase emission but the number of sources will have reduced. Electric vehicles are more efficient and greener. I will also ensure my engine efficiency by managing my driving speed as the faster you drive the less your engine becomes and by doing this I will level off emissions on freeways. By using public transportation, I will eliminate the emissions from my vehicle. By going organic, I will reduce the chemical toxins in the environment (Ramseur, et al 2008). A day that I chose to reduce my emissions by 50%, the specific changes that I made were, switched from T12 lights to T8 lights, eat a low carbon diet, take public transport to work, ride my bike, reduce my waste, turn off lights. By switching to T8 lights from T12 lights I was able to reduce the power consumption in my house (Pal, et al. 2014). My diet for that day was also of low carbon diet and this helped to reduce my food emission. By taking a public transport I did not have any emission from my vehicle for that day. After work I used my bike to go shopping and this was helpful because it does not have any emission, I tried very hard to recycle what I could so as to reduce my waste of the day. By turning off the lights that I did not require, I greatly reduced my power consumption of the day. I succeeded in all I had planned. I succeeded because I was determined to achieve that even though it was not easy. It only requires dedication and discipline and I had both. It was I little bit hard for me. Like I am used to driving

Experience on Taking the Test Essay Example for Free

Experience on Taking the Test Essay Taking the Jung Typology Test was a bit fun. It reinforced some of the things I already knew about myself and I also discovered a few revelations along the way. Though, if one has observed, the questions were often repeated, albeit in a different way. Some questions were also ambiguous, especially if the trait being asked was not concretely experienced by the individual. For example, the â€Å"do you trust reason rather than feelings?†Ã‚   line was quite hard to ponder, since the instances where I trust reason and the instances where I trust feelings depends on the circumstance that I am in. Personality Fit Based on the test, I am an ENTJ—slightly extraverted, moderately intuitive, distinctively thinking and moderately judging. I am quite surprised that I have a moderately judging personality. I also thought that I am largely introverted, for my desire to maintain only a few close relationships. Perhaps, being a slight extravert means that I transform into one gregarious, engaging individual if it would be opportune for me. Overall, however, I have always been aware of most of the traits I have, prior to taking the exercise. The Jung Typology test gave me a detailed description of myself. Workplace Strengths The ENTJ type, like the other types have specific strengths for the   workplace . Based on the interpretation by D. Kersey, I am a fieldmarshall, a leader that can visualize, and communicate. It also stated that I am highly organized and coordinated. Being an ENTJ also means that I am efficient   in completing tasks, yet I am also impatient of repetitive errors. In my case, I enjoy being in charge. Having a goal-oriented personality, I also urge my workmates to do the same. Thus, any assignment is sure to be completed in a timely manner. In addition, as the exam indicated, ENTJ’s are devoted to the task at hand, often at the expense of one’s personal life. In effect, the level of commitment that I put in my job usually translates to an output that exceeds the standard. Another positive aspect of an ENTJ is decisiveness. This usually comes handy when time pressure is involved. I believe that having a decision is better than having none at all. Weaknesses to be Adressed However, there are also some weaknesses that must be addressed. Since I am focused on achieving targets, based on the test and on my personal assessment, empathy usually takes a backseat. This usually spells trouble for me. I fail to connect with them in a deeper level, and thus, fall short of encouraging them to work wholeheartedly. Perhaps, it means, that I can sometimes be bullish just to realize the goal at hand. Also, my impatience with repetitive mistakes can dampen spirits of co-workers who are still learning the ropes. Another trait of an ENTJ that can sometimes be a weakness is the desire to control. Since outcomes are of utmost importance, the tendency to dominate is imminent. At times, being in charge brings positive results, especially if the group involved lacks direction and focus. However, oftentimes, it can be misinterpreted as being tyrannical and can cause subordinates to spite the boss, and thus affecting performance at work. These are just some of the things that I have to work on, since it is a well-known fact that part of being an effective leader is having people skills, or soft skills. Without the ability to encourage, inspire and motivate others, a manager or executive would create a lower morale in the workplace. Pitfalls of the Test Taking the Jung typology test has made me more aware of my strengths and weaknesses. Based on the results, I now know that sometimes, my desire to accomplish much may be detrimental to my work relationships. Perhaps, I can still be goal-oriented and efficient without being brash. I can push them to work for a certain standard sans the feeling that they are doing it out of obligation or fear. I think the exam measures some aspects of basic personal managerial competence well by determining for instance the level of extravertness or intuition of the person. However, since it is a yes or no questionnaire, it has pitfalls. It puts the test-taker in a black and white situation, leaving him no room to answer, â€Å"maybe† or â€Å"sometimes†. References Butt, Joe.(2005, February 27).Extraverted, Intuitive, Thinking, Judging. Retrieved May 6 , 2007 from http://typelogic.com/entj.html. Jung, Carl. Jung Typology Test. Retrieved May 6 , 2007 from    http://www.humanmetrics.com/cgi-win/JTypes2.asp Kiersey, D. .Rational Portrait of the Fieldmarshall. Retrieved May 6 , 2007   from http://keirsey.com/handler.aspx?s=keirseyf=fourtempstab=5c=fieldmarshal

Comparing Lamb to the Slaughter and the Speckled Band :: Lamb Band Slaughter compare Contrast Essays

Comparing Lamb to the Slaughter and the Speckled Band In this essay i am going to compare two short stories, and see if they are traditional murder mystery stories. I want to see if the stories also follow the conventions of a murder mystery story. One story is called 'Lamb to the Slaughter' and the other is 'The Speckled Band'. The story 'Lamb to the Slaughter' ('LTS') was written in 1954, which is over sixty years ago. 'The Speckled Band' ('TSB') was written in 1892. Roald Dahl wrote the story 'LTS'. This story does not follow the conventions of a murder mystery story. Arthur Conan Doyle wrote 'TSB'. This is a murder mystery story. It follows the basic conventions of murder mysteries. I will try to show the differences between the two stories, and show how the stories have different genres. Genre is a type. Geenre is a french word which means Type. Many things have genres. Things we use to entertain ourselfs with, or pass time with, have a genre. For example, films, music, books, games and many other things have genres. Genre is important because it lets people know what they are doing. If someone is watching a film they would wnt to know what genre it is. It could be a horror,thriller, comedy or anything else. So this helps them to know what type of film they are watching, but it would not give away any part of the film. Genre is useful for writers, film makers or artists. They would know what area to target, and they can make money. I am trying to find out if these two stories, 'LTS' and 'TSB', are murder mysery stories. Murder mysteries have conventions. They are basic requirments and these are: -The Detective is the main focus -The reader/viewer (if a film) is set a challenge or challanges -Usually set ater the murder -Gradually builds tention -Denoment (crime is solved) Ending -Then ending has a moral Every murder mystery has a basic story line and must have most of the conventions to fit the genre. In 'LTS' Mrs Maloney is portrayed as a normal wife. She is not presented as a murderer. At the beginning of the story it said she "...glance up at the clock" and "...was waiting for her husband." When he came back home she "Took his coat." She then "Walked over and made the drinks." This is what any normal wife would do. She then asked, "Shall i get your slippers?" and she wanted to make him some dinner. She appears as though she is a loving caring wife. She does not look like a suspect for any type of

Punitive Articles of the Ucmj Article 89 Essay

â€Å"Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.† Context. (1) That the accused did or omitted certain acts or used certain language to or concerning a certain commissioned officer; (2) That such behavior or language was directed toward that officer; (3) That the officer toward whom the acts, omissions, or words were directed was the superior commissioned officer of the accused; (4) That the accused then knew that the commissioned officer toward whom the acts, omissions, or words were directed was the accused’s superior commissioned officer; and (5) That, under the circumstances, the behavior or language was disrespectful to that commissioned officer. Explanation. (1) Superior commissioned officer. (a) Accused and victim in same armed force. If the accused and the victim are in the same armed force, the victim is a â€Å"superior commissioned officer† of the accused when either superior in rank or command to the accused; however, the victim is not a â€Å"superior commissioned officer â€Å"of the accused if the victim is inferior in command, even though superior in rank. (b) Accused and victim in different armed forces. If the accused and the victim are in different armed forces, the victim is a â€Å"superior commissioned  officer† of the accused when the victim is a commissioned officer and superior in the chain of command over the accused or when the victim, not a medical officer or a chaplain, is senior in grade to the accused and both are detained by a hostile entity so that recourse to the normal chain of command is prevented. The victim is not a â€Å"superior commissioned officer† of the accused merely because the victim is superior in grade to the accused. (c) Execution of office. It is not necessary that the â€Å"superior commissioned officer† be in the execution of office at the time of the disrespectful behavior. (2) Knowledge. If the accused did not know that the person against whom the acts or words were directed was the accused’s superior commissioned officer, the accused may not be convicted of a violation of this article. Knowledge may be proved by circumstantial evidence. (3) Disrespect. Disrespectful behavior is that which detracts from the respect due the authority and person of a superior commissioned officer. It may consist of acts or language, however expressed, and it is immaterial whether they refer to the superior as an officer or as a private individual. Disrespect by words may be conveyed by abusive epithets or other contemptuous or denunciatory language. Truth is no defense. Disrespect by acts includes neglecting the customary salute, or showing a marked disdain, indifference, insolence, impertinence, undue familiarity, or other rudeness in the presence of the superior officer. (4) Presence. It is not essential that the disrespectful behavior be in the presence of the superior, but ordinarily one should not be held accountable under this article for what was said or done in a purely private conversation. (5) Special defense—unprotected victim. A superior commissioned officer whose conduct in relation to the accused under all the circumstances departs substantially from the required standards appropriate to that officer’s rank or position under similar circumstances loses the protection of this  article. That accused may not be convicted of being disrespectful to the officer who has so lost the entitlement to respect protected by Article 89. Nonjudicial Punishment (Article 15) Commander’s Tool for Discipline ART. 15. COMMANDING OFFICER’S NON-JUDICIAL PUNISHMENT (a) Under such regulations as the President may prescribe, and under such additional regulations as may be prescribed by the Secretary concerned, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this article to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, except in the case of a member attached to or embarked in a vessel, punishment may not be imposed upon any member of the armed forces under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized by regulations of the Secretary concerned, a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may delegate his powers under this article to a principal assistant. (b) Subject to subsection (a) any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial— (1) Upon officers of his command— (A) Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days; (B) if imposed by an officer exercising general court-martial jurisdictions or an officer of general flag rank in command— (i) arrest in quarters for not more than 30 consecutive days; (ii) forfeiture of not more than one-half of one month’s pay per month for two months; (iii) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; (iv) detention of not more than one-half of one month’s pay per month for  three months; (2) upon other personnel of his command— (A) if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days; (B) correctional custody for not more than seven consecutive days; (C) forfeiture of not more than seven days’ pay; (D) reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction; (E) extra duties, including fatigue or other duties, for not more than 14 consecutive days; (F) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days; (G) detention of not more than 14 days’ pay; (H) if imposed by an officer of the grade of major or lieutenant commander, or above— (i) the punishment authorized under clause (A); (ii) correctional custody for not more than 30 consecutive days; (iii) forfeiture of not more than one-half of one month’s pay per month for two months; (iv) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, by an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades; (v) extra duties, including fatigue or other duties, for not more than 45 consecutive days; (vi) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; (vii) detention of not more than one-half of one month’s pay per month for three months. Detention of pay shall be for a stated period of not more than one year but if the offender’s term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, confinement or bread and water or diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount impossible for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of  pay may not be combined with detention of pay without an apportionment. For the purpose of this subsection, â€Å"correctional custody† is the physical restraint of a person during duty or non-duty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial . (c) An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishment authorized under subsection (b)(2)(A)-(G) as the Secretary concerned may specifically prescribe by regulation. (d) The officer who imposes the punishment authorized in subsection (b), or his successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or forfeiture imposed under subsection (b), whether or not executed. In addition, he may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected. He may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating— (1) arrest in quarters to restriction; (2) confinement on bread and water or diminished rations to correctional custody; (3) correctional custody confinement on bread and water or diminished rations to extra duties or restriction, or both; or (4) extra duties to restriction; the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated. (e) A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through proper channels, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers  with respect to punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment. Before acting on appeal from a punishment of— (1) arrest in quarters for more than seven days; (2) correctional custody for more than seven days; (3) forfeiture of more than seven days’ pay; (4) reduction of one or more pay grades from the fourth or a higher pay grade; (5) extra duties for more than 14 days; (6) restriction for more than 14 days; or (7) detention of more than 14 days’ pay; the authority who is to act on the appeal shall refer the case to a judge advocate or a lawyer of the Department of Transportation for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b). (f) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accuse upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. (g) The Secretary concerned may, by regulation, prescribe the form of records to be kept under this article and may also prescribe that certain categories of those proceedings shall be in writing. CUSTOMS 4-1. The Army has its own customs, both official and social. Some have been handed down from the distant past while others are of comparatively recent origin. Those customs that endure stand on their own merits. As a long established social organization, the Army observes a number of customs that add to the interest, pleasure, and graciousness of Army life. Often it is these customs and traditions, strange to the civilian eye but solemn to the soldier, that keep the man in the uniform going in the unexciting times of peace. In war they keep him fighting at the front. The fiery regimental spirit fondly polished over decades and centuries possesses him in the face of the enemy. [The soldier] fights for the regiment, his  battalion, his company, his platoon, his section, his comrade. 4-2. A custom is an established practice. Customs include positive actions-things you do, and taboos-things you avoid. All established arts, trades, and professions, all races of people, all nations, and even different sections of the same nation have their own practices and customs by which they govern a part of their lives. 4-3. Many Army customs compliment procedures required by military courtesy, while others add to the graciousness of garrison life. The breach of some Army customs merely brands the offender as ignorant, careless, or ill bred. Violations of other Army customs, however, will bring official censure or disciplinary action. The customs of the Army are its common law. These are a few: * Never criticize the Army or a leader in public. * Never go â€Å"over the heads† of superiors-don’t jump the chain of command. * Never offer excuses. * Never â€Å"wear† a superior’s rank by saying something like, â€Å"the first sergeant wants this done now,† when in fact the first sergeant said no such thing. Speak with your own voice. * Never turn and walk away to avoid giving the hand salute. * Never run indoors or pretend you don’t hear (while driving, for example) to avoid standing reveille or retreat. * Never appear in uniform while under the influence of alcohol. * If you don’t know the answer to a superior’s question, you will never go wrong with the response, â€Å"I don’t know sir, but I’ll find out.† COURTESIES 4-4. Courtesy among members of the Armed Forces is vital to maintain discipline. Military courtesy means good manners and politeness in dealing with other people. Courteous behavior provides a basis for developing good human relations. The distinction between civilian and military courtesy is that military courtesy was developed in a military atmosphere and has become an integral part of serving in uniform. 4-5. most forms of military courtesy have some counterpart in civilian life. For example, we train soldiers to say sir or ma’am when talking to a higher ranking officer. Young men and women are sometimes taught to say sir to their fathers or ma’am to their mothers and likewise to other elders. It is often considered good manners for a younger person to say sir or ma’am when speaking to an older person. The use of the word sir is also common in the business world, such as in the salutation of a letter or in any well-ordered institution. 4-6. Military courtesy is not a one-way street. Enlisted personnel are expected to be courteous to officers and likewise officers are expected to return the courtesy. Mutual respect is a vital part of military courtesy. In the final analysis, military courtesy is the respect shown to each other by members of the same profession. Some of the Army’s more common courtesies include rendering the hand salute, standing at attention or parade rest, or even addressing others by their rank.