James Fenimore Cooper :: essays research papers

James Fenimore Cooper was born in Burlington, New Jersey on September 15, 1789. He was the eleventh of twelve children born to William and Elizabeth Cooper. When James was one year old the family moved to the frontier, and his father established the settlement of Cooperstown at the head of Susquehanna River. 	Cooper attended a private preparatory school at Albany, New York, and was then admitted to Yale in 1803. He was expelled from there during his junior year because of a silly prank. His family allowed him to join the navy as a midshipman, but he soon found that more discipline was present in the Navy than at Yale. In 1810 Cooper took a furlough, and never returned to active duty. 	After Cooper's father passed in 1809, he received a nice inheritance. Cooper quickly squandered his inheritance, and at thirty was on the verge of bankruptcy. He decided to try his hand at writing as a career. Carefully modeling his work after Sir Walter Scott's successful Waverly Novels, he wrote his first novel in 1820 called Precaution. A domestic comedy set in England, lost money, but Cooper had discovered his vocation. 	Cooper established his reputation after his second novel, The Spy, and in his third book, the autobiographical Pioneers (1823), Cooper introduced the character of Natty Bumppo, a uniquely American personification of rugged individualism and the pioneer spirit. A second book featuring Bumppo, The Last of the Mohicans written in 1826, quickly became the most widely read work of the day, solidifying Cooper's popularity in the U.S. and in Europe. Set during the French and Indian War, The Last of the Mohicans chronicles the massacre of the colonial garrison at Fort William Henry and a fictional kidnapping of two pioneer sisters. Cooper knew few Indians, so he drew on a Moravian missionary's account of two opposing tribes; the Delawares and the "Mingos." Although this characterization was filled with inaccuracies, the dual image of the opposing tribes allowed Cooper to create a lasting image of the Indian that became a part of the American consciousness for almost two cen turies. His public was simultaneously touched romantically at the doomed Indians' fate and justified in abetting their extermination. The hero of the novel, Natty Bumppo, was incredibly popular, a rebel heroically opposed to industrial society, he was a hero who never married or changed his ideals. 	Cooper was a prolific writer, publishing 32 novels, 12 works of nonfiction, a play and numerous pamphlets and articles.

Neuromarketing: A Brave New World of Consumerism

Introduction t this point in our social history we are experiencing trends in marketing and consumerism that no cultural phenomena in antiquity has prepared us for. Each day between the hours of waking and sleeping we are exposed to 3000 – 5000 marketing messages across every shape and flavor of media mankind has been able to devise In good conscience (Story 2007). Every niche, of every segment, of every market, for every product, has a multitude of competitors vying for space of mind, seeking to differentiate, remind, inform, or persuade themselves into our lives and shopping trellises (Copley 2004).This clutter, consternation, and competition has taken the humble consumer transaction to be something more akin to game theory, and contemporary marketing strategy has become a battle of minds and wills (Lee, Frederick, and Chamberlain 2007). Each new generation of consumer finds themselves delivered deeper Into an environment of Increasing media and message saturation.But, with every generational cycle a further sophistication In the adaptive discretionary filtering system is created in order for these individuals to preserve some degree of highly guarded ‘psychic space', and as such ‘marketing professionals re keenly aware of the obstacles posed by both information-processing limitations and viewer opposition' (Rumba 2002). ‘The multiplicity of advertising messages to which each consumer is exposed dictates that advertisers place a lofty premium on the much-coveted psychic space of their Intended message recipients.Moreover, marketers Increasingly find themselves trying to reach target audiences who have an arsenal of cognitive, behavioral, and mechanical strategies for ad avoidance at their disposal' (Speck and Elliott 1997). Further adding to this already encumbered media/ immunization sphere is also the weight and complexity of the postmodern condition in which Goldman (1992) speaks of ‘relentless scrambling of signified and sig nifier, mixing and matching meanings' and Brown (1995) goes on to highlight ‘practices such as fragmentation, De-deliberation, hypnotherapy, chronology, pastiche, pluralism and anta-functionalism'.This escalating complexity of exchange devised for increasingly more sophisticated and media salt-Ð’Â »,' consumers attempts to side-step any ‘predictability of antiquated advertising conventions that could no longer pass through the filters of seasoned postmodern nonusers' (Goldman and Passion 1994).What remains is the perfect storm of social complexity, ever-changing message filtering, and big-business ‘sign wars' which has left some marketers believing that turning to the dark arts Is the only way to get ahead in marketing communications, with notably one energy drink brand literally and comically commissioning a Haitian priestess to channel a foul-mouthed voodoo deem-god to help design their advertising campaign (Panamas 2010). Enter stage left – marketing' s. Thin such a relatively young field of inquiry the precise definition of marketing's s still finding its footing with conflicting definitions still being proposed and utilized by divergent agents within the realm (Fisher 2010). Perpetuating this conflict is the notion that academia and industry share limited cohesion in exploring this field, that private enterprises do not tend to publish findings or share proprietary information, and that more has been published about marketing's across the popular media, relative to the traditional tome of recognized peer-reviewed publications (Fisher 2010).In spite of this, Lee (2007) proposes that ‘marketing's as a field of study an simply be defined as the application of neuroscience methods to analyses and understand human behavior in relation to markets and marketing exchanges' and Fisher (2010) notes that marketing's ‘can be tentatively defined as marketing designed on the basis of neuroscience research'. These proposed definit ions avoid the subjective bias embraced by some proponents and detractors and are a suitable explanation of the topic for the purposes of this discussion.As brain sciences increasingly inform our daily lives, social practices, and intellectual discourses, ornamenting has become one of a collection of developing fields to gain the ‘neuron' prefix along with neuroscience, neurasthenics, neuropathology, and neurotically – these fields now collectively earning the moniker ‘neuromuscular', ‘and the brain-based explanations arising from it are progressively influencing public notions of personal identity, responsibility, and causation' (Fisher 2010).Why Marketing's? He most acute advantage thought to stem from the utilization of neuroscience in examining an individual's response to market based inquiries is its unfiltered objectivity and unbiased honesty. Typically the self-assessment measures commonly used in marketing research rely totally on the ability and wil lingness of the respondent to accurately report their attitudes and/or prior behaviors' (Petty and Caption 1983).However, it is believed that the brain approximately expends only 2 percent of its energy on conscious activity with the remaining majority devoted to unconscious thought and processes, thus, neurotransmitters believe, traditional market research methods ? like consumer surveys and focus groups ? are inherently inaccurate because the participants can never articulate the unconscious impressions that whet their appetites for certain products' (Singer 2010).In addition to this intrinsic inability for an individual to access all relevant perceptual data, this error factor cumulatively adds to any conscious or even unrecognized desire the respondent may have to please or deceive the information gathering unit, even further exaggerating the potential for inaccurate measurements. In contrast, physiological responses can be collected when respondents are actively partaking in re search activities and are difficult for subjects to control, although not difficult to affect (Petty and Caption 1983).In many ways marketing's is the lie detector of the marketing industry, but the potential application is much greater than simply extracting truthful responses, it may prove instrumental in uncovering the processes and transparent way than marketers have previously had access to. The benefits of marketing's are obvious when framed in the above context. This field creates the possibility for marketers to understand consumers to an extent that a myriad of techniques over many decades of investigation have only ever been able to scratch at the door of.Felt (2007) believes that, assuming the science can be translated into meaningful technology the power and the precision of the retrieved data as a management tool could prove sublime, it would finally enable marketers to reach out and pinprick consumers without using broad strokes'. â€Å"In fact, exploring exactly what elements of an advertisement are critical to awareness, attitudes and evaluations of products, and whether these differ for different groups, should reduce firms' reliance on the ‘blunt instruments' of blanket coverage, shock tactics, or sexual imagery' (Lee 2007).The Marketing's Mix he research generated by any given marketing's firm is of course a product article and as such marketing mix considerations are a requirement of presenting to the market, however, the more significant discussion is the current and conceivable application of this technology to play a major role in guiding and optimizing each of the up's of the marketing mix for utilities. Them Noble, Managing Director of ‘Neurotics' a major player in the burgeoning marketing's industry, has stated that ‘all the biggest brands are using it†¦ But most of them are keeping it to themselves†¦ Even so, marketing's has become a key part of today's marketing ix' (Fagan 2011). The technology is believ ed to be equally applicable to each of the seven aspects of the mix provided a suitable interpretation model is utilized to rationalist the raw data. The up's the literature most commonly discourses are reviewed below. Product Typically product designers refer to consciously generated studies of consumer preferences to inform the process, in such inquiries subjects are likely to be influenced by ‘normative expectations and social influences' (Figurate 2007).For example, survey research typically reports that women find wrestler-turned-action ere ‘The Rock unattractive ‘but their brain activity says otherwise: areas associated with attractiveness light up when women watch him on screen' (Singer, 2004). Bruit (2004) mentions that some tests conducted for Demolisher's showed that certain products can activate the self-reward centre of the brain which is the same region that natural stimulants such as sex, chocolate, and cocaine trigger, this action is aroused by the r elease of the molecule dopamine and releases endogenous opiates – substances linked to lust and pleasure'.Whilst this trigger is not a guarantee of arches, all other things being equal – designs that create pleasure are far more likely to be purchased than those that do not (Figurate 2007). Price Lee (2007) states that ‘pricing seems to lend itself almost perfectly to normalizing research' and believes that age old questions like why â€Å"prices such as ‘$4. 99' are perceived as significantly cheaper than those such as ‘$5. 00† could be answered by simultaneously exploring the temporal and spatial nature of brain activity.Through utilizing this technology marketers can not only underpin optimal pricing strategies but also understand how and why pricing perceptions are formed. Place customers to seeing, hearing, feeling, touching, tasting, and smelling stimuli, stores may be able to customize environments to enhance the consumer experience, or weight the chances of a sale. ‘For example, if normalizing data suggest a positive response to the touching of Jewelry, the consumer may experience a personalized discount prominently displayed in their sightline in order to provide encouragement for purchase' (Wilson 2008).Promotion Measurement of advertising messages and their success in provoking emotional responses can be gauged, and assumptions can be made about the subject's unconscious thought patterns depending on which areas of the brain ‘light' up (Figurate 2007). The reaction an agency wishes to evoke with a given advertisement e. G. Excitement, passion, hostility, humor, attention, etc. ; can be transposed to the brain map where these concepts are processed. If that brain area is unaffected after exposure to the advertising stimulus, it is obvious that the advertisement has failed this crucial test' (Figurate 2007) Schafer (2005) also states that ‘neural scanning might be able to predict the strength of advertising recall for specific advertisements'. The History he earliest reported use of the term marketing's first appeared in a press release in July 2002 by Atlanta based advertising agency ‘Birthrights' announcing the creation of a new business division which utilized functional magnetic resonance imaging (fem.) for purposes of marketing research (Wilson 2008; Fisher 2010).However, the Economist (Inside the Mind of the Consumer 2004) duly notes that Harvard Professor-Emeritus Gerald Coalman filed a patent for ‘normalizing as a marketing tool' in the late sass's approximately four years prior to Brightness's suspicious press release. In spite of this, some observers consider this technology to be part of a continuum that has been ongoing for much longer. â€Å"Marketing's is simply the latest incarnation, says Joseph Throw, a professor of communication at the Ennobler School for Communication at the University of Pennsylvania. There has always been a holy grail in a dvertising to try to reach people in a hypodermic way,' he says† (Singer 2010). Educated observers also make note that Journalist and social critic Vance Packard (1957) wrote ‘The Hidden Persuaders' more than 50 years ago which is still considered to be a seminal work, which outlines how advertisers play(deed) on people's unconscious desires in an attempt to influence them. Run for our Lives? Neatly probing consumers for answers to every fear, desire, motivation, and preference in underpants color has begun to beg the question in some quarters, should we love this or fear it? It appears from the outset that this technology has been spawning controversy; however, some of this contention seems not to be entirely new in nature but the amplification and reinvigoration of well disputed ground, freshly driven by this new and acute mechanism.The contention largely remains in determining whether using such technology to understand the desires of consumers will be useful for serv ing them, or used for manipulating them, in short, is actions of a great many organizations and individuals, the main objective of marketing is to help match products with people (Rarely 2010; Kettle, Keller, and Burton 2009). ‘Marketing serves the dual goals of guiding the design and presentation of products such that they are more compatible with consumer preferences and facilitating the choice process for the consumer' (Rarely 2010).Marketing as ethical or unethical in practice is a purely a determination to be made on a case by case basis, not generalized in overarching sweeps. Rallies (1999) surmises that the organizational factors contributing to principled business undertakings or in fact impeding a unified ethical framework are moral reasoning, organizational ethical climate, level of economic development, and cultural dimensions, Murphy (2005) suggests on an individualistic level that indicative qualities can be determined from virtue and character ethics utilizing me asurements of the five core virtues of – integrity, fairness, trust, respect and empathy.In comprehension, understanding the afore is to recognize that marketing's (like most industries,) exists within a context of moral heterogeneity and the concerns that exist toward the frayed edge of the ethical fabric, underpin a movement of anxiety toward the potentiality of neuron-techniques to probe the subconscious mind, and the conceivability of these vehicles to unduly influence consumers, turning them into shopping robots without their knowledge and consent' (Singer 2010).Singer (2010) states that â€Å"marketing's is setting off alarm bells among some consumer advocates, who call it ‘brainwashing ? an amalgam of branding and brainwashing†. ‘Our contention is that neuroscience findings and methods hold the potential for marketing practices that threaten consumers' abilities to follow preferences and dictates according to free will' (Greene 2003).The controversy and paranoia surrounding a field that is yet to be evidenced or indicted of unethical practice is so potent that Senior and Senior (2008) have felt compelled to draft ‘A Manifesto for Marketing's Science' to guide the ethical functioning of practitioners, quell some f the fears of alarmists, and address potential dilemmas arising on this new frontier.The Advertising Research Foundation has also seen fit to undertake a collaborative study with the major operators in the marketing's industry to establish and implement the ‘Northeastwards Initiatives' agenda and determine ethical working canons for the field (ARP Announces Groundbreaking Northeastwards Study 2010). In addition to this above, the exploratory academic discipline of neurotics has continued to grow in unison with the developments in neuroscience research and neuromuscular, informing it all the while.Irrespective of the development in ethical governance, detractors warn that we do not have a current legal and so cial structure equipped to address technologies that are intentionally designed for subconscious persuasion. Singer (2010) states that ‘if the advertising is now purposely designed to bypass those rational defenses, then the traditional legal defenses protecting advertising speech in the marketplace have to be questioned'.We are also warned that many legally and morally ambiguous issues will arise with the increase in marketing's usage such as Who ultimately owns brain scans, whether scans can e sold to other persons or institutions, and what happens to extraneous information, such as health problems, revealed by the scans' (Wilson 2008). The array positron emission tomography (PET), magnetoencephalography (MEG), functional magnetic resonance imaging (fem.), electroencephalography (EGG) galvanic skin response (USSR), eye tracking technology, electrocardiography, and electromyography (Figurate 2007; Lee 2007).It is noted that any corporeal measurements gained through the use of these instruments are strictly limited by the skill the interpreter has in correlating bio-readings to mental/emotional states, and therefore into actionable ATA. There has been some research to show that imagery favored in traditional research preference tests are often not the ones that stimulate the emotional centers of the brain (Uncommon 2007), according to People (quoted in Harris 2006) however, emotion is one of the major keys to all marketing and by monitoring brain activity we can get very good indication of when an emotional connection has been made.Unfortunately, these results can only reveal activation correlated with particular imagery but cannot predict outcomes with certainty, and it does in fact highlight the actuality that there is ‘no direct link between arousal and behavior; no measure of purchase intent' (Figurate 2007). According to James (2004) the only time a human being cannot help acting on arousal is as a toddler'.Some critics throughout the literatu re have argued for the existence of a ‘buy button' in the brain, the above suggests that there could be no overriding of an individual's cognitive control and ‘current evidence suggests that the cognitive processes associated with purchase decisions are multi factorial and cannot be reduced to a single area of activation' (Rarely 2010). In the face of decries and skeptics Joey and Kilts Remain, Brightness's CEO and founder claim that rather than forecasting the shopping behavior of individuals, marketing's will help develop an understanding of how people develop preferences. Our goal is to change company, not consumer, behavior,† says Remain. He adds that this philosophy could improve advertising ethics. â€Å"What if you could, for example, show a company that their moral and ethical behavior has a bigger influence on consumer preference than the color of their packaging or current tag line? â€Å"‘ (Singer 2010). New Scientist magazine conducted a est. of marketing's to choose the ‘most attention getting cover for its 5th August 2010 issue.Nineteen readers of the magazine were shown three alternative covers during EGG tests from which one was ultimately selected. The ultimate result of this experiment and the ensuing cover choice, was a 12% increase in sales year-on-year and the second highest selling issue of the year which the deputy editor Graham Layton claimed was â€Å"unheard of in August† (Tartan 2010). Outside of this, virtually no other results have been published either confirming or condemning the predictive ability of marketing's in the marketplace.However, the one strong virtuous indicator that does exist, is the very fact that a multitude of global companies such as Google, CBS, Frito-Lay, Demolisher's, Brown-Foreman, General Motors, American Express, Campbell Soup, MAT, Disney Media, Heresy's, Millimeters, Colgate- Palmolive, NBC, ESP., and Turner Broadcasting are utilizing this technology as a regular co mponent of their own brand research efforts (ARP Announces Groundbreaking Northeastwards Study 2010; Rarely 2010; Figurate 2007; Bruit 2004). E detractors of marketing's see a dyspepsia future ahead, they envisage a world here we all become little more than purchase-making drones, slaves to big business recklessly pushing away at ‘buy buttons' in our brains to move their wares and their stock prices. Valid concerns have been raised from some quarters citing the potential for the increase of ‘marketing-related diseases' such as obesity, heart disease, and similarly related health issues (Fisher 2010).What we understand from the above however, is that marketing's cannot now or any currently conceivable point in the future, have any ability to override an individual's cognitive control. Marketing's may help to design a more attractive car but will never have the ability to make a man sell his children to purchase it. Even with the limitations of the technology, neurotransmi tters and researchers alike are currently exploring the ethical parameters of the field in order to create a unified framework for operation and quell concerns that vocal outliers currently raise.The primary purpose of this technology, as is the purpose of all marketing research, is to better understand the needs and wants of consumers, the biggest problem with traditional research is the intimidation by a participant's own cognitive bias, or as advertising legend David Googol once said: â€Å"The trouble with market research is that people don't think how they feel, they don't say what they think and they don't do what they say' (quoted in Scar 2011).

Malaysian Court System - Free Essay Example

Sample details Pages: 8 Words: 2480 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Review Level High school Did you like this example? Task 1a)There are three courts with different jurisdiction within what is known as the Superior Court. They are the Federal Court; i.e. the highest court in the land, the Appeal Court, the High Court of Malaya and the High Court of Sabah and Sarawak. Each is head by a federal judge called Chief of Justice of the Federal Court, President of the Appeal Court, and Chief Judge of the High Courts of Malaya and Sabah and Sarawak. The subordinate court comprises the Session Court and the Magistrate Court. In the Peninsular, there is also the Penghulus Court but the latter is increasingly less used. In Malaysia, they are presently 60 Court Judges, 52 in the Peninsular and 4 each in the states of Sabah and Sarawak. At level, there are 151 Magistrate. Of that numbers, 122 for the Peninsular, 10 Sabah, 1 Federal territory of Labuan and 18 only 118 were filled in the Peninsular, 7 in Sabah and 12 in Sarawak.In addition to the above, there are also several tribunals or such as the Industrial Court, Labour Court, the Mining Court, Courts Martial, and the Special Court, each dealing with specific matters already mentioned very briefly.At the state level, there are several courts; Syariah Court that is further sub-divided into Syariah Court of Appeal, Syariah High Court and Syariah Lower Court, and in the states of Sabah and Sarawak, the Adat (Native) Court.Superior courtFederal CourtThe Federal Court is the highest court in Malaysia. The Federal Court may hear appeals of civil decisions of the Court of Appeal where the Federal Court grants leave to do so. The Federal Court also hears criminal appeals from the Court of Appeal, but only in respect of matters heard by the High Court in its original jurisdiction (i.e. where the case has not been appealed from the Subordinate Courts).Court of AppealThe Court ofAppeal generally hears all civilin his warrant, which can be punished with a fine not exceeding RM50.b)Thecourt in Malaysia that are empowere d to hear appeal cases are the Court of Appeal which headby the President of the Court of Appeal.Itcomprises 10 other judges, excluding the president.The Court of Appeal was constituted from the Federal Court which was abolished when the Supreme Court was formed in 1985. It resurfaced again 1995, the Supreme Court was Federal Court and the Court of Appeal as in pre- 1985 period. The appointments of members of the Court of Appeal are made by the King upon the of Prime minister who is constitutionally required to consult the Chief justice and the President of the Court of Appeal. They shall hold office until reaching the age of 65.TASK 2a)In Malaysia, parties in a civil dispute are advised to settle their disputes outside the court room. This resolution called as alternative dispute resolution (ADR). ADR being introduced to provide an alternative settlement outside an open court which is private and less time-consuming while giving the opportunity to the parties in dispute to d ecide on their terms of settlement and to reduce backlog of cases in the courts. This resolution consist in four forms i.e. negotiation, mediation, conciliation and arbitration. By the way, in Malaysia all these alternative dispute resolution do not being apply towards the criminal proceedings as practised in many countries.One of the more ignored aspects of employment law is tribunal procedure. To this neglected area the Coalition Government has brought in a host of reforms to address what is regarded as an economic imperative. This commentary considers the employment law reforms contained in the Enterprise and Regulatory Reform Act Part 2.Coming at the mid-way point in the Coalitions planned reforms which are scheduled to be fully introduced as of 2015, this legislative overhaul of employment tribunal procedure has been linked to efforts to improve the countrys economy. Government reports published leading up to the passage of the legislation offer guidance to the new frame work. The package contains a negative and singular view of employment litigation. The Act and Regulations may assist employers, but more remarkable is the Governments ambivalence regarding rights. These reforms put into question access to redress for potential infringements of employment rights and emphasise the use of law as a tool for economic stimulation rather than a source of rights protection.This commentary first briefly situates the package within a continuum of procedural changes and then outlines the long-standing discussion regarding Employment Tribunal reform. The next segment delves into the reforms by considering three provisions which are: the requirement for claimants to report their claims to Acas first; fees for launching claims; and settlement offers. This discussion is interspersed with references to Government documents anticipating the changes. Based on these foregoing sections, the final portion of this commentary investigates instructive themes emergin g from the current reforms package. The Coalitions plans are of particular importance to small-to-medium-sized (SME) and microbusinesses. The emphasis of employment regulation is being shifted to that of an easy-to-use format accessible to those entirely unfamiliar with these regulations. Together this package suggests fundamental change in employment law: a retrenchment of the parameters for access to redress which has the potential to limit the enforcement of recognised employment rights, especially when determined by their impact on business.(Nuraisyah Chua Abdullah (2013), Questions Answes on MALAYSIAN COURTS, STATUTES, CASES CONTRACT, TORT AND CRIMINAL LAW. International Law Malaysia . page 48)(Industrial Law Journal, retrieved from https://ilj.oxfordjournals.org/content/42/4/409 full accessed on 23 Decembercenario given is mediation. This is because by using mediation the parties that involved would either reach a settlement according to the proposals of the mediator o r the case will be brought to the court. Other than that, the types of disputes that is suitable for mediation are family disputes and business or trade disputes. As the scenario given was involving the employer and the employee so that the mediation will be suit to handle the case given. (Nuraisyah Chua Abdullah (2013), Questions Answes on MALAYSIAN COURTS, STATUTES, CASES CONTRACT, TORT AND Law Book Services. Selangor : Malaysia . page 48-49)TASK 3a)Liability in law is an obligation of one party to another, usually to financially. It is a fundamental aspect of tort law, although liability may also arise from duties entered into by a special agreement as in a contract or in the carrying out of a fiduciary duty. The affixing of liability may once have been simply a peace-preserving alternative to the practice of an injured party taking vengeance. Based on the Law Dictionary, personal liability describes a personal wrong to a person such as an assault or the wrong resulting in damage of personals feeling. the laws emphasis has long been that one who is able to pay (who, in modern terms has deep pockets ) should pay one who has lost something through an action of the payer, even if that action was blameless. Under the principle vicarious liability, an employer may be jointly and severally liable with his employee for torts committed by the latter. Based on the Encyclopedia of Crime and Justice, vicarious liability, which is common in some areas of the law, refers to legal responsibility for the actions of another. Some of the rationales of the concept of vicarious liability are such follows :i.The employer must have been negligent in employing a negligent servant or) failing to control his servant.ii.Since the employer benefits from the employees work, he should also bear the responsibility for damage caused by his employee.iii.The employer has the greater fund to pay damages to the injured party than the employee.iv.Usually the employer is not an individual, but an enterprise or undertaking, therefore, they can spread the loss. Moreover, they also have insurance coverage.However, if thee tort is committed by an independent contractor rather than bya n employee, the person who engages the independent contacrtor would not be liable for the tort committed by the latter. By the way, it can be argued that liability for the wrongs of independent contractors do exist on the grounds that he failed in his duty to ensure that competent conractor was employed and also where the operation is of a particularly dangerous nature a in the case of Honeywill Stein v Larkin Bros [1934] 1 KB 191.Strict criminal liability is often confused with vicarious liability, with which Thus, if A, Bs employee, knowingly serves liquor to a minor, and B is held liable, B is vicariously liable, but not strictly liable, since someone for whom he is held responsible acted with mensrea. If, however, A did not know his customer was a minor, and is never theless held liable, A is strictly liable. And if B is held liable as well, he is now vicariously and strictly liable. Many of the early cases understood to impose strict liability actually involved vicarious liability. Normally a defendant is not liable unless he does something wrong. There is one exception to this general rule where a defendant will be liable even though he violated no duty and did nothing wrong. This exception is sometimes called strict liability or absolute liability. (Nuraisyah Chua Abdullah (2013), Questions Answes on CRIMINAL LAW. International Law Book Services. Selangor : Malaysia . page 163-165)( Encyclopedia of Crime and Justice, retrieved encyclopedia.com/topic/Strict_Liability.aspx accessed on 23rd December 2014)( Encyclopedia of Crime and Justice, retrieved from https://www encyclopedia.com/topic/Vicarious_Liability.aspxaccessed on 23rd December 2014)( Principles of Liability and Personality, retrieved from https://www lawteacher.net/free-law- dissertations/principles-of-liability-and-personality.php accessed on 23rd December 2014)b)Legal obligation of one party to a victim as a resultof a civil wrong or injury This action requires some form of remedy from court system. A tort liability arises because of a combination of directly violating a persons right and the transgression of a public oblication causing damage or a private wrong doing. evidence must be evaluated in a court hearing to identify who the tortfeasor/ liable party is in the case.base on www.lawdictionary.com/defination/tort liability.html Task 4a) Define the term contract1)Defined terms and definitions are used toarchitecture, a negative correlation was identified in respect of several variables, such as firm size, share of value added and productivity (value added per employee). Conversely, the correlation between RAs and sectoral performance across key indicators was positive in professions such as engineering (employment, turnover and value added ) and within specialised construction activities (no. of employees employment, turnover and value added). While this finding is the opposite of what might be expected, there may be other unidentified variables that influence sectoral performance in the countries within scope. The rank correlation and regression analysis found that the exclusive reserve of icant at conventional confidence levelsactivities within engineering, architecture and building services may lower productivity compared with EU countries in which the same professions do not have specific qualifications requirements. Based on https://www.law.cornell.edu/wex/legal_systems method of resolving disputes other than by litigation. Abbreviated as ADR. the Public courts may be asked review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. the Arbitration and mediation are the two major forms of ADR.Arbitration, a wid ely used form of ADR, is a kind of dispute resolution method that the disputes arising between the parties are resolved by the arbitrators appointed by them instead of states legal bodies. the Mediation, a wide applicable form of ADR, is a method in which the mediator provides better communication between the parties of the dispute. then The mediator does not guide or direct the parties, or gives an advice or gives a binding decision like an arbitrator or a judge. then The mediator only contents with asking directive questions to the parties better communication with each other.In case an agreement is not reached at the end of mediation process, the information and documents obtained from the deliberations cannot be used as evidence in a possible, future lawsuit.The Tribunal ProcessAlthough some employees and employers can now choose to follow an alternative dispute resolution procedure, most employee complaints are still heard at an employment tribunal. but You need to tak e tribunals seriously. because If you have well-thought-out procedures, and follow them, you can prepare good evidence making it easy to defend your actions.The interpretation of employment law is moving in favour of the 2009 b) Identify the parties involved in the senario 3 with the help of a proper diagram and their responsibilities.BankThe banker is to advise companies, institutions and governments on how to achieve their financial goals and implement long and short-term financial plans Corporate investment bankers work in dedicated teams, focusing on specific transactions or market sectors. then They also work alongside other related professionals such as lawyers and accountants. A typical corporate finance deal involves two stages:Origination: assessing a deals desirability which is sometimes an innovative idea from the bank rather than the client. Financial models are used to simulate possible outcomes. This requires a deep understanding of a sector.Execution: structurin g and negotiating the detailed terms of a deal, often in liaison with other professionals Although dealing with different, specific business areas, project teams liaise with one another during the two phases of a deal in order to obtain relevant specialist information and market intelligence.Typical activities on a day-to-day basis include:*thoroughly researching market conditions and developments;*identifying new business opportunities;*carrying out financial modelling, then developing and of presenting appropriate financial solutions to clients;*liaising with the chief executive and chief finance officers of large organisations;*co-ordinating teams of professionals including accountants, lawyers and PR consultants and working closely with them.ClientThe client should ensure the following concerning the principle contractor:* that the potential principal contractor to be appointed has the necessary competencies and the resources to carry out the construction work safely.* ens ure prior to work commencing on site that every principal contractor is registered and in good standing with the compensation fund or employee, and awards are increasing, so it is important to understand to the system and the way tribunals operate.This briefing covers:1.The tribunal process, from the start to finish.2.How to defend a case.3.How to prevent disputes arising. the Employment tribunal hearings usually take place before a legally qualified employment judge and two lay members, one nominated by an employersorganisation and the other from a union oremployees body.The employment tribunal process is impartial, but in an unfair dismissal claim it does generally start by assuming that there is a case for the employer to answer._Tribunals try to be guided by what is reasonable. They will take into account prevailing standards and practices in your industry and recognise that special difficulties can arise in smaller firms._Awards made by the tribunal are aimed at compensa ting the employee, not punishing the employer.b)The selection of ADR b Don’t waste time! Our writers will create an original "Malaysian Court System" essay for you Create order