Thursday, December 26, 2019

A Report On Relational Databases - 923 Words

NoSQL was created in the response to relational databases not being able to handle the scale and changing challenges of modern applications, they also cannot take advantage of the cheap, easy storage abilities and also the processing power accessible now. NoSQL includes a variety of different technologies that were developed in response to the surge of data stored by users, objects and products. They were also developed to contend with the rising frequency that the data is accessed and the performance and processing needs. [7] NoSQL databases can be set into different categories such as †¢ Document databases - Document databases pair each key with a complex data structure known as a document. Documents can contain many different†¦show more content†¦The architecture used by NoSQL databases allows for the databases to be scaled efficiently rather than the more strict architecture found in relational databases. Pros and Cons When comparing the benefits to downfalls of both SQL and NoSQL, there are 6 areas which need to be looked at. These are how the systems allow for querying, how transactions are carried out, the consistency the systems offer, how saleable they are, also how easily managed the systems are and finally the schemas which are used by the systems. SQL based databases support a ever expanding set of languages for queries, as well as the a massive number of filters, sorting options, projections and index queries. NoSQL on the other hand allows for all this as well but does not have the more powerful aggregation options which are available to SQL based databases. Transactions allow for changes to be made to databases and atomicity ensures that these changes are done entirely. Having atomically made changes guaranties that these changes are never done partially, this is important because without it multiple users could make transactions relating to the same data and be working with different result causing data to be lost or new data being created, some NoSQL platforms do not support transactions but most SQL platforms do. Following the atomicity of the transactions consistency is also a big part of both types of platforms. MySQLShow MoreRelatedWhat Is A Relational Database. â€Å"A Relational Database Is1173 Words   |  5 PagesWhat is a Relational Database â€Å"A relational database is a collection of data items organized as a set of formally-described tables from which data can be accessed or reassembled in many different ways without having to reorganize the database tables. It was invented by E.F. Codd in 1970.† (TechTarget, 2006) A simpler definition of a relational database is a self-describing group of related tables. There are three ways to modify a table. We can insert a record, delete one, or update a recordRead MoreAnalysis Memorandum1532 Words   |  7 Pagesanalysis memorandum proposing the use of Microsoft Access databases within our Security Division’s infrastructure. Many security managers are relying heavily on the use of Microsoft Excel spreadsheets in order to keep track of their personnel, security violations, inspection programs and training. While spreadsheets are effective means for complex calculations they are also limited in that they basically fall short in showing the relational qualitie s of security data in relationship to particularRead MoreAcs Assignment 2, University of Winnipeg Essay1448 Words   |  6 Pagesway of organizing data on disk. b) 10 Convert the one table in the previous question to a relational database design. Fill each table in your design with data from the previous question such that no information is lost. Show how your design satisfies the criteria for being a relational database, and why it is better to store data on disk in this way rather than all in one table. c) 7 What is database management system? What steps would the hospital ward need to take to prepare its data toRead MoreThe Features Of A Relational Database1585 Words   |  7 Pages P1 - Explain the features of a relational database. This is to be shown as a report or presentation and must discuss the following. †¢ Features: entities; attributes; relationships; †¢ Entities: primary keys, foreign keys; referential integrity; attributes; †¢ Attributes: field properties e.g. data types, size, validation rules †¢ Relationships: one-to-many; one-to-one; many-to-many Relational database – This is a database that contains more than one table of which are linked using key fieldsRead MoreBtec1256 Words   |  6 PagesLearner Registration No. Assessor Name LEI13160876 Soory Abbassi 15/10/13 Hand-in Date Submitted On 15/10/13 18/03/14 Qualification and Programme Number Unit Number and Title BTEC Extended Diploma In IT (QCF): Level 3 Unit 18: Database Design Assignment Title Assignment 1 No. 1 of 2 Whole or Part of Unit? Whole /Part Grade for Whole Unit Deadlines: If you do not meet the deadlines for handing in your assignments you may not have your work marked. This could resultRead MoreWhat Is A Relational Database?1043 Words   |  5 Pagestechnical support staff in the exact way. The company are more comfortable to have a centralised IT-Based support system that is able to track, monitor and report on the improvement of problems acknowledged by users through the two sites normally improving the IT support service. What is a Relational Database? Relation database is a database model in which information is stored in separate tables stored in a linked relationship in a table with rows and columns. Each table has a record which isRead MoreWhat A Database Is, Features Of A Relational Database, And The Benefits Of Relational Databases1659 Words   |  7 PagesIntroduction: In this report I am going to explain what a database is, features of a relational database, and the benefits of a relational database, purpose of primary keys and how they are used to build relationships, and I am also going to focus on, what are foreign keys and how they are been used, explain referential integrity and finally, how to apply referential integrity. I am also going to backed up my views and opinions with the valid references. Assessment introduction Iain’s Co is aRead MoreDad (Data Analysis and Design)1117 Words   |  5 Pagesof Database system. Date given : 10th May 2010 Date to be submitted : 20th July 2010 Lecturer : Mr. T. Shanakr Rational The objective of this assignment is to assure that the students have gained the relevant knowledge according to the outcomes specified in the syllabus. Assessment requirements to meet learning outcomes 1. Understand data models and database technology 2. Design a relational database to meet user requirements Read MoreThe Features Of A Relational Database1406 Words   |  6 PagesP1 Explain the features of a relational database. Introduction: A company called Ian’s Co currently employs a team of IT technicians to manage their IT infrastructure and also support the IT users. Also quite recently the company has taken over a similar but a smaller company which is also employs technical support staff in the same way. What is a relational database? Firstly a relational database contains a set of tables which basically are linked collectively by the relationships between theRead MoreTechnical Guide : Database And Database Essay1551 Words   |  7 PagesTechnical guide Database It is the collection of schemas, tables, queries, reports, views, and other objects. The data are typically organized to model aspects of reality in a way that supports processes requiring information, such as modelling the availability of rooms in hotels in a way that supports finding a hotel with vacancies. It is a structured set of data held in a computer, especially one that is accessible in various ways. A database is a collection of information that is organized so

Wednesday, December 18, 2019

State/Local Finance Example

Essays on State/Local Finance Assignment ECO 346 SPRING HOMEWORK REG. NO] [ISTITUTION’S ECO 346 SPRING HOMEWORK QUESTION The board of Education in the City School District of Albany approved a budget proposal for 2015-16 worth 224 million dollars (ALBANY SCHOOLS). Comparing it to the previous year’s budget, which was $221,752,648, this is an increase of approximately 0.9%. Tax-levy increased by 0.98%; being the second year in a row for such an increase below 1%. This presented a tax-levy increase that is less than half of the district’s tax cap of 2.26% for next year. The budget includes some programs and supports, and tax-free facilities propositions (ALBANY SCHOOLS). Some of the new programs and supports include: Restoration of three positions cut during recession: An assistant Director of pupil personnel, Instructional Supervisor and Extended day coordinator. To enhance consistency in prekindergarten instructions in the district, they considered investments. Addition of reading teachers Six of new social workers, psychologists and behavioral specialists. College carriers reading coordinators. Among others. Tax free proposition includes provision of new turf filed (ALBANY SCHOOLS). These are some of the specific programs that may be targeted for cuts. QUESTION TWO I think one of the transportation services that should be financed by the revenue generated by these fees is enabling acquisition of speed governors for free (Ronald, 2006). The operators of Public Service Vehicle should be given free speed governors by the government on acquiring the vehicle. This will not only standardize the quality and type of speed governors used but also will reduce cases of over-speeding. Besides, gasoline tax could be used fix exhaust-filters on vehicles. One of the challenges facing transport industry is pollution. Setting up strategic spots where newly acquired vehicle will be fitted with exhaust filters can be a key step to making use of the revenue realized from these taxes. Additionally, gasoline tax could be used to increase emergency road services, 24/7. Considering that transportation spending do exist, state aiming to fund as much of it as it can, from these taxes and fees, will be a fair move to put citizen’s money into use and improve the transport industry at large. QUESTION THREE The authors in the text observe that each level of government has a role to play in the provision of the safety net (programs designed to assist people who find it difficult to meet basic needs). This includes federal government and state government. Additionally, the authors conclude that Medicaid is the largest and fastest growing among the safety net programs. This basically in terms of magnitude and number of recipients. I do only agree with the authors that each level of government has a role to play to promote safety net but also believe that it a responsibility and role of every American with slightly higher standard of living to take part in the provision of safety net. Going by the statistics provided, I agree with the authors that Medicaid is the largest and fastest growing safety net program. However, in case the ongoing data collection presents a different thing, then I will be obliged to disagree with them. QUESTION FOUR A community has a lot to gain from new business investment. Firstly, the community gains a good reputation. A place with an industry or a thriving business gains reputation (Ronald, 2006). This may come as a consequent of emergence of articles bearing the name of the place. Besides, the members of the community may benefit from the employment opportunities created by the business; hence securing source of income. Another gain that may be accompanied by a business investment to a community is growth of facilities (Ronald, 2006). Due to needs of the business, facilities such as better roads and communication lines, may be constructed thus enabling the local community to take advantage of them. However, some of costs that may come with a business investment in a community is increased competition (especially in the case where the new investment provides substitute good or service) (Ronald, 2006). Already existing business may face stiff competition pushing them out of business or reducing their profit margin. Additionally, to create space for the shopping center, some community members may be displaced. This case of displacement also applies to a manufacturing plant. Besides, a manufacturing plant may increase pollution of the surrounding hence endangering the lives of the inhabitants. Construction of a new manufacturing plant is normally associated with influx of people of various social backgrounds in search for employment . This may lead to erosion of community morals and code of conduct (Ronald, 2006). A community should discourage investment activities if they have great negative impact to the people (Ronald, 2006). For example, a manufacturing plant with poor waste management strategy or whose by-products are highly harmful to the living things should be discouraged. Additionally, if the investment presents unhealthy competition to the local business posing risk to their survival, it should be discouraged. Reference Ronald, F. (2006). State and Local Public Finance. New York: South-Western College ALBANY SCHOOLS WEBSITE: http://www.albanyschools.org/index.htm , 2015.

Monday, December 9, 2019

Busy Athletes Essay Example For Students

Busy Athletes Essay Nathan SwanekTeacher?English 100October ?,2000Assiduous AthletesNot many people know the onus of being a student athlete in college. This burden set on them has caused the graduation rate of scholarship players to average at about fifty percent from 1995 to 1998. In order to be eligible to play, the athletes must be full-time students , which means taking at least twelve units a semester. Because these athletes are taking so many classes, they must make time for a considerable amount of studying and homework. Then add up the amount of practice their sport requires and I doubt they will find a second to rest. Student athletes are the hardest working students in college. Most student athletes have a demanding and rigorous schedule. This is partly because of the required twelve units minimum a semester to qualify as a full-time student. Without the full-time student status, they would be ineligible to play sports. That means at least three hours a day of courses on average. My schedule is similar to this, in that I am taking fourteen units this semester. It averages out to about three and a half hours of class a day. Scheduling the class times can also be a burden. It took my friend, Chris Carter, who plays baseball for Chapman University, two weeks to plan his class schedule around his job and his training. An athlete cannot have class on Fridays because some games occur on Fridays. Therefore, it makes it even harder to plan. My physical therapist, Jim Hairston, is a teacher at Chapman University and he said that many of his students who play sports have a harder time staying awake because of lack of sleep. These could all attribute to the recent fal l in the graduation rate. Another conundrum student athletes must face is finding time for studying and homework. With classes half the day and training the other half, that leaves the night for studying. Most athletes do not get started until about eight oclock because of late practices. Mr. Reames, a teacher at Foothill High School, said that we should expect to spend about four hours a night studying , and that does not include homework. Even if the athlete had only two hours of homework he would not get to bed until two oclock in the morning. Many students have jobs to support them because they do not have full scholarships. Jobs take even more time away from study. Chris Carter is juggling baseball, school and a job. He says that he had to cram classes back to back in order to make time for work before doing homework and studying. Last April, the NCAA released information from a study completed in 1999, that stated the average student athlete gets between six and seven hours of sleep a night compared to the recommended nine hours of sleep a night. Those two hours could be the difference between attentively listening and absorbing the material presented in class or trying to stay awake and absorbing only half the material presented. Obviously, these time consuming activities take away from needed sleep and make the student work harder. The sport probably takes the most time per day out of the three main time consuming activities. For baseball, an athlete must make a year long commitment to train and do whatever it takes to ready yourself for the season. This includes weight-lifting, which many colleges have early in the morning. Some start as early as six oclock in the morning. One might say this gets your day started early, but it is only depriving the athletes of more sleep. Vince Brown of the Foothill Knights baseball program, starts his team weight lifting at six oclock in the morning and says he likes to run his program similar to college programs. In addition to morning weight lifting, there are also afternoon practices that go from about three or four in the afternoon to six or seven at night.. This makes for quite a bit of training each day. The June issue of Baseball America stated that most college baseball programs average about five hours of training a day. If training hours (5), class hours (3.5) and s tudy hours (6) are added up, that is around fourteen and a half hours of hard work a day, and that does not give time for eating and travel. Weekends could normally be another option for students to work, study or do homework, but student athletes have practices or games that take up most of the day every weekend. Cal State University of Long Beachs baseball program has games or practice games every Saturday and Sunday throughout most of the school year. With weekends taken, mornings taken and the afternoons taken, that does not leave much time for anything else. .u5fdfc24af0616b5604ad23d8ed57d196 , .u5fdfc24af0616b5604ad23d8ed57d196 .postImageUrl , .u5fdfc24af0616b5604ad23d8ed57d196 .centered-text-area { min-height: 80px; position: relative; } .u5fdfc24af0616b5604ad23d8ed57d196 , .u5fdfc24af0616b5604ad23d8ed57d196:hover , .u5fdfc24af0616b5604ad23d8ed57d196:visited , .u5fdfc24af0616b5604ad23d8ed57d196:active { border:0!important; } .u5fdfc24af0616b5604ad23d8ed57d196 .clearfix:after { content: ""; display: table; clear: both; } .u5fdfc24af0616b5604ad23d8ed57d196 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u5fdfc24af0616b5604ad23d8ed57d196:active , .u5fdfc24af0616b5604ad23d8ed57d196:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u5fdfc24af0616b5604ad23d8ed57d196 .centered-text-area { width: 100%; position: relative ; } .u5fdfc24af0616b5604ad23d8ed57d196 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u5fdfc24af0616b5604ad23d8ed57d196 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u5fdfc24af0616b5604ad23d8ed57d196 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u5fdfc24af0616b5604ad23d8ed57d196:hover .ctaButton { background-color: #34495E!important; } .u5fdfc24af0616b5604ad23d8ed57d196 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u5fdfc24af0616b5604ad23d8ed57d196 .u5fdfc24af0616b5604ad23d8ed57d196-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u5fdfc24af0616b5604ad23d8ed57d196:after { content: ""; display: block; clear: both; } READ: Child Abuse EssayMonday through Thursday, student athletes have about fourteen and a half hours of hard work and Friday, Saturday and Sunday they have about twenty one hours combined. Added together, that is seventy nine hours of intense work a week. That is almost twice the amount of work in a nine to five job. Could you handle almost eighty hours of work a week? Education

Monday, December 2, 2019

The Life Of Moses Essays - Book Of Exodus, Moses, Bo, Zipporah

The Life Of Moses The Life of Moses The Bible is a compilation of historical occurrences that have been documented to confirm all of Gods miraculous works. God has performed many miracles in the Bible. They were not only performed that his people may believe, but they were performed for the well being of his people and as a means of his peoples redemption. In the Bible, God also appointed many people to deliver his message and to do his works. The people whom God had chosen were not always the people man had said was fit to do his work. Most of the time God chose the one no one would think would amount to anything, and lifted them up to his people to bring forth his miracles, to deliver his word, and to perform his works. God works in mysterious ways, but in the life of Moses, he not only worked mysteriously, but also miraculously. The birth of Moses was the first of the many miraculous events he would have experienced throughout the duration of his life because he should have been killed according to demands of Pharaoh. The king of Egypt ordered the midwives (caretakers) of the Hebrew women to kill all baby boys, and let all the baby girls live. He wanted the baby boys to be killed because he knew that the one that would be responsible for his demise was in the midst of that new breed of the Hebrew males. Pharaoh wasnt worried about birth of the female, Hebrew child because he knew that she was no threat to the throne, but he was well aware that his throne was in jeopardy if he allowed the male, Hebrew child to live. Pharaoh ordered his people, Every boy that is born to the Hebrews, you shall throw into the Nile but you shall let every girl live.(Exodus 1:22) Even though the king ordered the midwives to kill the male babies, they did not kill them because they feared the Lord, and they knew that a great leader was soon to be born. Moses was conceived from a man from the house of Levi and a Levite woman. After Moses was conceived, she hid him for a period of about three months, until she could not hide him anymore. Once she couldnt hide him anymore, she obeyed the Lord and prepared a basket for the baby child. She then placed the child in the basket, and placed the basket among the reeds on the bank of the river, as her sister watched it flow down the stream. Then Pharaohs daughter discovered the baby boy, well hidden in the basket as she was taking a bathe in the river. She then ordered her servant to fetch the basket to see what was in it, and when she realized that it was a Hebrew child, she took pity on it, and told her servant to get a Hebrew nurse and tell her to care for the child for her. When the child grew up, she took him in as her own son and named him Moses, because she said, I drew him out of the water.(Exodus 2:10) Moses was raised as a member of the Egyptian court until he was exiled for the killing of another court official. Moses experiences different events that adumbrate his future destination. Moses intervenes into a conflict situation between an Egyptian and a Hebrew, and in his Hebrew brothers defense, he killed the Egyptian with the idea that knows one had seen him do it. Moses then encounters a situation between two Hebrew men, and Moses questions them asking why are they fighting? To his astonishment one of the men replied sarcastically, Do you mean to kill me as you killed the Egyptian? Once Moses heard him say that, he feared for his life because he realized that there were witnesses of the murder of the Egyptian. Moses then hears that Pharaoh is out to kill him and he flees Pharaoh and seeks the land of Midian. Moses meets a group of seven women, which were the daughters of the Priest of Midian. The women tell their father how Moses helped them against the shepherds who

Wednesday, November 27, 2019

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/

Saturday, November 23, 2019

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.

Thursday, November 21, 2019

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