Monday, September 30, 2019

Financial Management – Meaning, Objectives and Functions

Meaning of Financial Management Financial Management means planning, organizing, directing and controlling the financial activities such as procurement and utilization of funds of the enterprise. It means applying general management principles to financial resources of the enterprise. Scope/Elements Investment decisions includes investment in fixed assets (called as capital budgeting). Investment in current assets are also a part of investment decisions called as working capital decisions.Financial decisions – They relate to the raising of finance from various resources which will depend upon decision on type of source, period of financing, cost of financing and the returns thereby. Dividend decision – The finance manager has to take decision with regards to the net profit distribution. Net profits are generally divided into two: Dividend for shareholders- Dividend and the rate of it has to be decided. Retained profits- Amount of retained profits has to be finalized whi ch will depend upon expansion and diversification plans of the enterprise.Objectives of Financial Management The financial management is generally concerned with procurement, allocation and control of financial resources of a concern. The objectives can be- To ensure regular and adequate supply of funds to the concern. To ensure adequate returns to the shareholders which will depend upon the earning capacity, market price of the share, expectations of the shareholders. To ensure optimum funds utilization. Once the funds are procured, they should be utilized in maximum possible way at least cost. To ensure safety on investment, i. , funds should be invested in safe ventures so that adequate rate of return can be achieved. To plan a sound capital structure-There should be sound and fair composition of capital so that a balance is maintained between debt and equity capital. Functions of Financial Management Estimation of capital requirements: A finance manager has to make estimation wi th regards to capital requirements of the company. This will depend upon expected costs and profits and future programmes and policies of a concern. Estimations have to be made in an adequate manner which increases earning capacity of enterprise.Determination of capital composition: Once the estimation have been made, the capital structure have to be decided. This involves short- term and long- term debt equity analysis. This will depend upon the proportion of equity capital a company is possessing and additional funds which have to be raised from outside parties. Choice of sources of funds: For additional funds to be procured, a company has many choices like- Issue of shares and debentures Loans to be taken from banks and financial institutions Public deposits to be drawn like in form of bonds.Choice of factor will depend on relative merits and demerits of each source and period of financing. Investment of funds: The finance manager has to decide to allocate funds into profitable v entures so that there is safety on investment and regular returns is possible. Disposal of surplus: The net profits decision have to be made by the finance manager. This can be done in two ways: Dividend declaration – It includes identifying the rate of dividends and other benefits like bonus. Retained profits – The volume has to be decided which will depend upon expansional, innovational, diversification plans of the company.Management of cash: Finance manager has to make decisions with regards to cash management. Cash is required for many purposes like payment of wages and salaries, payment of electricity and water bills, payment to creditors, meeting current liabilities, maintainance of enough stock, purchase of raw materials, etc. Financial controls: The finance manager has not only to plan, procure and utilize the funds but he also has to exercise control over finances. This can be done through many techniques like ratio analysis, financial forecasting, cost and p rofit control, etc

Sunday, September 29, 2019

Marx and Weber’s Analyses of the Development of Capitalism Essay

Capitalism is defined as ‘An economic and political system in which a country’s trade and industry are controlled by private owners for profit.’ It is based on the division between two classes, one of which owns the labour of the other. Not only do the upper classes, or the bourgeoisie, own the means of physical production but also the means of ‘mental production’. They control and manipulate society through the rule of education, religion and the media. Althusser distinguishes between repressive state apparatuses and ideological state apparatuses and argues about how the bourgeoisie manages to maintain its rule. He argues that the repressive includes the police and the army in which use physical force to control the working class as opposed to the ideological apparatuses such as the media and religion which control the development of ideas. A key component of capitalism is that the working class are forced to sell their labour in exchange for wages i n order to survive. However, they do not receive an equal exchange for the labour they produce, but only the cost of subsistence. The difference of what the bourgeoisie receive from the labourers and the amount they pay back is called the surplus value, meaning the profit they make. Max Weber was one of the founding fathers of sociology and contributed highly to our knowledge of how society works. Weber’s work can be highlighted by referring to his study The Protestant Ethic and the Spirit of Capitalism, first published in 1905 (22 years after the death of Karl Marx in 1883). Weber argues that the Protestant Reformation introduced a new belief system of Calvinism (a form of Protestantism founded by John Calvin during the reformation) which promoted a high work ethic and which eventually led to the rise in capitalism. Calvinists believed that God preordains the ‘elect’ meaning of who would be saved after death and go onto heaven and who would not. This could not be changed through hard work or leading a good life as the decision had already been decided. This made Calvinists strive for success, with which they would reinvest into making more money, hence the development of capitalism. Weber distinguishes the differences between the capitalism of greed and wealth in past societies to those of present. Modern day people are pursing profit for its own sake rather than for consumption, hence why the Calvinists reinvested their wealth. Weber calls this the spirit of capitalism. He further argues that this was the reason capitalism was stronger in places like Europe and America and not in other places where Protestantism wasn’t so established. Weber also distinguishes between many different existing forms of capitalism including ‘traditional capitalism’ and ‘booty capitalism’; however the crucial ideal type is the one named modern capitalism, or rational capitalism meaning the repetitive, ongoing economic activity on the basis of rational calculation. Understanding what needs to happen and what the best way of achieving it is, allows for reinvestment and the growth of economic enterprises. He argues that it is the rational side of modern capitalism that distinguishes it from other advanced economic areas such as China and India, both of which had higher and more advanced infrastructures in the 17th century compared to Europe and America. However, Weber is hugely criticised for his understanding of the rise in capitalism due to others believing that it was the peoples relationship with the material forces and there means of subsidence which drove the change. Weber takes a key focus on religion and the impact that had on the rest of society as well as capitalism, whereas Marx focuses on class conflict. Marx argues that through industrialisation capitalism had been forced to increase due to growing separation of the two contrasting classes. One class is the exploiting bourgeoisie who own the means of production and the other class being the proletariat who own nothing but their own labour. Marx predicted that the working class would eventually become conscious of their alienation and exploitation and unite to overthrow capitalism. This would slowly bring in a system of socialism which would gradually evolve into a pure classless communist society lacking in exploitation. He argued that capitalism would disintegrate due to interior tensions, just like every other social system. He believed that communism was inevitably the next stage in the line of historical changes to class systems. Just as feudalism was replaced by capitalism, so capital ism would be replaced by communism. Marx argues that religion performs a different function than that of what Weber argues. Instead it operates as an ‘ideological weapon’ used by the bourgeoisie to justify the suffering of the poor as something unchangeable and ‘god-given’. Religion persuades the working class that their suffering is honourable and moral and will be favoured in the afterlife. This is evident in the Christianity teaching of it is ‘easier for a camel to pass through the eye of a needle than it is for a rich man to enter the kingdom of heaven’. This manipulates and oppresses the proletariat as it renders them blind to capitalistic trends; ensuing and maintaining false class consciousness. However, Marx can be criticised for ignoring the positive functions that religions perform, made apparent by the psychological adjustment to misfortune that it offers. Abercrombie and Turner (1978) argue that ‘in pre capitalist society, while Christianity was a major element of ruling-class ideology, it had only limited impact on the peasantry’ (A2 Sociology AQA Specification, 2009, pg 13) However, although Marx does argue that religion helps to control the manipulation of ideas of the working class he also believes that it is ‘the heart of the heartless world and the soul of soulless conditions’, as it can act as an distraction to dull the pain of exploitation. When comparing and contrasting two very highly influential historians such as Karl Marx and Max Weber, some would argue that it is highly important to look at their overall impact on society as well as humanity. Karl Marx focused highly on philosophy and his work is still influential in many cultures worldwide today. This contrasts to Max Weber who is considered ‘one of the fathers of modern thought’ and could be considered one of the world’s most intellectual and influential persons. Although both historians share clear similarities, for example both coming from a European Protestant background they also contrast and have distinct differences. Weber criticises Marx’s theory as he believes that his view is too one dimensional and simplistic when looking at inequality. Weber argues that this is due to Marx seeing class as the only important division. Weber argues that status and power also have high impact on the volume of inequality. He points towards the ‘power elite’ for evidence and argues that they can rule without actually owning the means of production. Currently there are many independent companies that can control and rule particular labourers without being a part of the bourgeoisie, it is not as simple as Marx likes to preach. A great amount of people are in other situations than the time when Marx was writing, for example ‘dealers in information, managers and civil servants’, meaning that the relative importance of the struggle between owners and workers has relatively declined. Although Marx and Weber have severe differences in their evaluation of modern capitalism their augments also share many similarities. They both believe that the economic system is a place where â€Å"individuals are directed by abstractions† (Marx). We must also take into account the times of which both sociologists were writing. Weber is writing nearly half a century later and focuses highly on the impact of power, wealth and prestige. He argues that these were the three main factors contributing to capitalism and the distinction of classes. This contrasts to Marx who focuses singularly on the impact of class and how the contrast of bourgeoisie and proletariat impacted on the rise of capitalism. However, both of their summaries of overthrowing capitalism share many similarities. Both sociologists argue that in order for capitalism to be overthrown the working class must unite together to overthrow the ruling class and free themselves from capitalist oppression. Bibliography Karl Marx and Friedrich Engels (1932). The German Ideology . Moscow: David Riazanov. Karl Marx and Friedrich Engels (1848). Manifesto of the communist party. London. Max Weber (1978). Economy and Society. California: University of California Press. Thomas Hobbes (1988). The Leviathan. London : Penguin . Phil Bartle. (2007). Marx vs Weber. Available: http://cec.vcn.bc.ca/cmp/modules/cla-mweb.htm. Last accessed 10th October 2012. Louis Althusser. (1970). Ideology and Ideological State Apparatuses. Available: http://www.marxists.org/reference/archive/althusser/1970/ideology.htm 970. Last accessed 10th October 2012 Michael Lowy. (2006). Marx, Weber and the Critique of Capitalism . Available: http://internationalviewpoint.org/spip.php?article1106 . Last accessed 10th October 2012. No Author. (1999). Max Weber. Available: http://uregina.ca/~gingrich/s30f99.htm. Last accessed 10th October 2012. D. Sayer, Capitalism and Modernity: An Excurses on Marx and Weber, pg. 4, London: Routledge, 1991. Cuff, E. C., W. W. Sharrock and D. W. Francis, Perspectives in Sociology, third edition, London, Routledge, 1992.

Friday, September 27, 2019

Packet Switching vs. Circuit Switching Assignment

Packet Switching vs. Circuit Switching - Assignment Example Packet switches finds it application mostly in the exchange conducted through the computer or other modern digital devices that make use of bits and packets of data. P.S.T.N enabled transmission is an example of circuit switch technology while VOIP and IP network is an example of Packet switched network(Rahman, Ellis, & Pursell, 2003). The major difference between the two is in the manner in which the information is sent. Circuit switched network has a pre defined and dedicated path for signal transmission. This dedicated transmission takes place in multiple phases starting with establishing of the call, followed by the transfer and finally the termination of link at the end of the call. While packet switch deals with node to node and does not work on the basis of pre allocated path for traffic transmission. Circuit switching relies mostly on T.D.M or F.D.M or at best on C.D.M for channel transmission, while Packet switch uses dynamic I.P network which is far more effective and can accommodate more options compared to its predecessor. Chances of contention are relatively higher in case of circuit switching mode. Routing processes in Packet switching are more concrete and hop to hop basis routing is performed which makes it easy for overall packet transmission and packets are exchanged and extended in form of store and forward mechanism(Kurose, 2005). Line efficiency of packet switched system is far better than the predecessor. In case of traffic congestion, the prioritization process can be adopted this makes the network working unlike circuit switch which is highly prone to congestion and saturation. Packets are handled either through the virtual circuits or through the data gram. Amongst these two, datagram is more flexible. Though relatively slow and limited in options, circuit switches are considered more reliable than the packet switch as the overall transmission is handled from

Principles of Marketing Essay Example | Topics and Well Written Essays - 3000 words

Principles of Marketing - Essay Example The report indicates that Thornton's PLC should focus on cutting down costs, improving convenience to consumers and enhancing communication. In doing this, there should be four main categories of services that the company need to focus on: Chocolate Sweets, Personalized Gifts, Hampers and Gift Ideas as well as Corporate Gifts. Based on the Boston Consulting Group model, it is recommended that Thorntons in Hull City should focus on the Star products that have high growth and high market share so that they expand on that and build profitability in the December markets. The paper concludes with guidelines on how to place, price, promote the Thornton chocolates in the December markets. ... ..........................14 Implementation and Control.......................................................................14 Increasing Fanbase......................................................................................15 Sales Increase Objectives & Budgeting Plans.............................................15 Introduction â€Å"The marketing plan sets out the marketing objectives of the company and suggest strategies for achieving these objectives† (Westwood, 2002 p5). This means that the marketing plan is a tool that supports a business to market its products to the public. The marketing plan is somewhat different from the firm's strategic plan and/or business plan. The marketing plan is specific and provides a strong blueprint for the promotion and marketing of a given product(s). The marketing plan lays out specific production objectives, financial objectives and personnel objectives for given products that are going to be sold (Westwood, 2002 p5). During Ch ristmas, sales increase tremendously. Stefanowicz identifies that sales in Christmas represents 14.3% of sales in the entire year (2010). This means that in a 12 month period, the month of December marks a disproportionately high level of demand for products. This trend could be attributed to the festive nature of the season and the fact that most people get a lot of bonuses in that people whilst others are prepared to spend more of their savings at this point in time. As such, it is appropriate for any business to have a marketing plan for such a period. This is because demand and sales could increase disproportionately in respect to the increase in the volume of buyers. This paper is a marketing plan for Thorntons PLC, a UK confectionery company. It examines how Thorntons can draw up a

Thursday, September 26, 2019

Morocco Analysis Research Paper Example | Topics and Well Written Essays - 1750 words

Morocco Analysis - Research Paper Example Although the entire period between 1980 and 2000 is marked by periodic high and low swings, and a number of years of negative growth, the new millennium have brought in a positive outlook on its growth pattern. Figure 1 captures Morocco's violent growth waves in a succinct manner. The year 1992 is a significant one in Morocco's demographic profile, as during that year half of its population lived in the countryside while the other half preferred the urban cities. However, what was predominantly a rural economy, three decades ago, has become an urban economy in recent years with 60:40 ratios in favor of cities. As can be observed from Figure 2, the rate of growth of migration from villages towards the cities has remained on an even path. This indicates a potential transition from the focus of primary agricultural production to industrial and service sector, in the coming years. In addition, as can be observed from Figure 3, net migration to other countries is also on the rise, from a little over 80000 persons in 1980 to over 330000 persons in 2004. Although the workers' remittances receipts remained more or less stable till the end of the previous decade, it exhibits a significant improvement during the first half of the new millennium, touching a net inflow o f over US$ 4 billion during 2004. Morocco's population profile, as can be seen in Table 1, presents a sound improvement with a considerable decline in its birth, death, fertility and infant mortality rates, and a significant progress in its life expectancy and literacy rates. Table 1: Trend in Morocco's Population Profile 1980 1985 1990 1995 2000 2004 Birth rate (per 1,000 people) 37.9 33.7 29.0 25.4 23.6 22.8 Death rate (per 1,000 people) 11.7 9.6 7.8 6.6 6.0 5.7 Fertility rate (births per woman) 5.6 4.8 4.0 3.3 2.6 2.5 Infant Mortality rate (per 1,000 live births) 99.0 83.0 69.0 56.0 45.0 38.2 Life expectancy at birth (years) 57.9 61.2 64.3 66.9 68.8 70.1 Literacy rate (% of people 15 & above) NA NA 38.7 NA NA 52.3 Source: World Development Indicators, World Bank, Washington DC, 2006. Employment: Figure 4: Trend in Morocco's unemployment as a percentage of total labor force: The highest level of unemployment of about 23 per cent in 1995 remained a cause of concern for Morocco. Although unemployment as a percentage of the total labor force peaked once again during 1998, it has significantly declined since then reaching an all time low unemployment rate of around 11 percent during 2004. Source: World Development Indicators, World Bank, Washington DC, 2006. Together with the growing number of migrants towards the developed countries, there is a general optimism that the fast growing domestic manufacturing sector will absorb a significant number of unemployed persons, and consequently unemployment can be brought down to a manageable level in the near future. Performance of Major Sectors: Traditionally, agriculture played the central role in Moroccan economy, with a sustained growth and export performance of vegetables, citrus fruits, olives, wheat, barley,

Wednesday, September 25, 2019

American Education is Failing (High School) Research Paper

American Education is Failing (High School) - Research Paper Example This is having a negative affect on students. They listen to too much music and much of it sends them the wrong message about how they should live their lives. Some of the most famous and popular musical artists today use excessive swearing, glorify drugs and promiscious sex, and, in their personal lives, set a bad example for young people. These are serious concerns that policymakers do not pay enough attention to. Students sometimes listen to their iPods when they should be listening to their teacher. Their money and savings are being wasted on music that is offensive and setting a bad example for them. Another serious media problem in our world today is cyber bullying. It is one that is becoming increasingly difficult to handle. It occurs in hundreds of different formats in the Internet world via – Skype, email, photograph, video, YouTube, MSN, Facebook, chat rooms, MySpace, etc. With all of these different transportation modes for online bullying it is extremely hard to mo nitor. There have been several suicides that have been directly linked to cyber bullying via social networking sites such as Facebook. In these social networking sites individuals have the ability to victimize their subjects in dozens of ways (Campbell, 70). They can set up group bullying sites that target an individual, post rude comments on their walls, and tag them in incriminating photographs. The act can spread from one person to hundreds of people in a matter of seconds. There is often a divide between in-person bullying and cyber bullying. Many subjects that partake in cyber-bullying would never do it in person. They are aware of the etiquette that goes along with interacting in the real world yet fail to recognize the same etiquette in the cyber world. In the Internet world individuals face a disconnect. They do not see their victim nor do they have the opportunity to see their emotions. Individuals often forget that they are dealing with a real live human being

Tuesday, September 24, 2019

Contractual Issues, Breach of Contract and Remedial Measures Assignment

Contractual Issues, Breach of Contract and Remedial Measures - Assignment Example As per the common law of Australia, contractual obligations are mutually agreed upon by the party or parties signed the contract. This is considered to be the mutual consensus of one or more parties. In implied contract or quasi-contract, some of the terms are not expressed in writing. Take the example of an electrician who visits a house for electrification work. The owner of the house is a person who agrees to pay the fee for the services rendered by the electrician. If he/she (owner of the house) refuses to pay the reasonable fee or decided fee, it means that the landlord breached the contract or quasi-contract, thus providing an opportunity to the aggrieved person to knock at the door of a competent court of law for remedy or justice.  Following are the important components of a contract (Heffey, et al, 2002):†¢ Party or parties should have the capacity to execute contract†¢ Contract must be lawful†¢ Form of contract must be legal†¢ Party or parties to estab lish legal relationship†¢ Party or   parties must have consent for the specific performance commercial contract, both the parties have to take into account the following ingredients :  In commercial contract, both the parties have to take into account the following ingredients:†¢ Delivery date†¢ Price†¢ Terms of payment†¢ Mode of payment†¢ Date of payment†¢ Items to be delivered†¢ Type of service to be provided without meeting one of the above conditions, an offer of sale does not consider a valid legal offer.... Breach of contract may be actual or anticipatory in nature (Barron, 2006). Here in our case under discussion, Georgia is responsible for not performing her duties to the entire satisfaction of her client. Her action defeats the very purpose of caring pet rabbit and tropical fish of Malcolm. Had she not provided wrong feeds to fish and rabbit the specific task assigned as per the contract would be fulfilled in its true spirit. The negligence in performing the assigned obligations by Malcolm to Georgia attracts damages or monetary compensation from the service provider. This indicates cause of action against Georgia since due to her action, the life of an expensive tropical fish worth thousands of dollars comes to an end although there is a clause in the agreement that Georgia should not be held accountable for â€Å"death or illness of tropical fish due to specific vulnerabilities†. Further, the rabbit, an award winning pet animal, may not lose hair due to negligible performanc e. In accordance with the section 4F entitled â€Å"Reference to Purpose or Reason† and section 4K relating to â€Å" Loss or damage to include injury† of Competition and Consumer Act-2010, Malcolm may file damages suit against Georgia for monetary compensation for the losses occurred due to irresponsible attitude of Georgia in the competent court of law. We quote here relevant sections of Competition and Consumer Act-2010 for ease of reference: 4F References to purpose or reason (1) For the purposes of this Act according to Comlaw (2011): (a) That Provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding, or a covenant or a proposed covenant, shall be deemed to

Monday, September 23, 2019

Addressing Nursing Shortage Research Paper Example | Topics and Well Written Essays - 3750 words

Addressing Nursing Shortage - Research Paper Example This essay discusses that prior to 1980s healthcare was solely a physician’s concern and certain problems like cardiac malfunctions were not considered problems until after symptoms were developed. This caused a lot of financial stress on the patients when they were treated at late stages of the disease. As a result of research it was suggested that care provided before the advent of symptoms can cost far less than the care provided after symptom development. Since then the trend of â€Å"Preventive Care† that is avoidance of disease or accident before it occurs, evolved. Managed care is the current concept for running a successful healthcare system which is a pre-planned treatment of the patient. In this system patient is considered as a client whose health is continually monitored and evaluated and treated accordingly. Health Maintenance Organizations (HMOs) are examples of managed care system. This concept has entirely changed the healthcare scenario. The role of phy sicians and nurses has been redefined. According to World Health Organization, a commendable health care system is one which provides quality services to people in need. The components of a good health system vary from country to country, however the basic mechanisms like, adequate financing, well-trained physicians and medical staff, reliable information on which policies are made, fully-equipped facilities and delivery of quality medicine and modern technology to the patients should remain the same everywhere. The health care system of United States is one of the best systems in the world in terms of funding and modern technology usage but it is also characterized by a lack of central planning, direction and control. The system is a blend of public sector and private health providers. This system is highly decentralized and complex and on top of that costly services make it quite unaffordable for a certain population. Two major health insurance programs Medicaid and Medicare are f unded by the federal government. Medicaid is funded jointly by federal government and the states and it serves the low income and poor people. While Medicare is a federal government funded two-part program that cover hospital costs and few nursing home services and physician services respectively (Nagelkerk, 2006). Despite these efforts the rising health care costs have proved to be a significant hurdle in the betterment of the system. Many problems are faced by the U.S healthcare system, a major problem being the uninsured public. According to U.S Census Bureau the number of uninsured rose to 49.9 million in 2010 from 49.0 million in 2009. Another problem which we will study is the nursing shortage. The term refers to a situation where the professional nurses’ demand exceeds the supply. The phenomenon is observed both nationally and globally and in the developed and developing countries. The shortage can be measured in terms of nurse-patient population ratio. Nursing: A Brie f overview Caring for the sick and injured has been a centuries old tradition. It has evolved throughout the years from a domestic work to professional arena. Care is practiced in different ways in the world but United States has set an example for the rest of the world. Before we discuss modern care we take a look at the nursing history in the States. Nursing is an integral part of any health care system and it plays a significant part in attaining patient care outcomes. The nurses care for the patients, work in collaboration with the medical team and assess and treat the problems. The nursing work force mainly includes director of nursing (DON), registered nurses (RNs), Licensed practical nurses (LPNs), certified nurse assistant (CNA) and other staff such as aides, orderlies and personal care attendants (Buerhaus, Auerbach, & Steiger, 2009). Following chart shows the percentage breakdown of nursing facility employees in various categories (American Health Care

Sunday, September 22, 2019

Case Legal Brief Essay Example for Free

Case Legal Brief Essay Facts: At a teaching hospital, Mullins who is the plaintiff marked or ticked the section of approval form that consented to â€Å"the presence of healthcare learners†. She was assured by the attending Anaesthesiologist that she would handle the anaesthesia. However, when Mullins was unconscious during the surgery, a student (VanHoey) was allowed by the Anaesthesiologist to perform intubation. Mullins’ oesophagus was lacerated by VanHoey as it was VanHoey’s first day practicing on a live patient. The gynaecologist, the anaesthesiologist, VanHoey and the doctors’ were sued by Mullins for battery and other claims. A summary judgment was granted for the defendants by the trial court on all counts. The Court of Appeals supported the Mullin’s claim, whereas the Indiana Supreme Court reversed, saying that the claim was not actionable. Brief Fact Summary: VanHoey, a medical student lacerated the Oesophagus of Mullins during a surgery while performing intubation. Student involvement was not approved by Mullins in her surgery. Battery and lost claim were filed by Mullins. Issue: In addition to the intent to make contact or touch, whether the intent to cause harm is required for the tort of battery claim. Holding: Yes. Mullins could not prove that Vanhoey â€Å"acted intending to cause† harm, though VanHoey â€Å"touched Mullins in a harmful and offensive manner without permission†. VanHoey believed that she had the permission to perform intubation and was relying on her doctor’s authority. The court could not find an materialistic facts that could prove VanHoey wrong. Therefore VanHoey was entitled for the summary judgment. Rule: Battery requires a harmful or offensive touching, without consent, with the intent to cause the resulting harm or offense. Discussion: The opinion in this case proves that the actor’s intent to make contact or touch is not sufficient to claim for battery or lost. The intend to cause harm that results from touch by the actor should be proved.

Saturday, September 21, 2019

The Dnepropetrovsk Maniacs Essay Example for Free

The Dnepropetrovsk Maniacs Essay One of the two friends were killed, the other managed to escape† (Versii). Thirteen more murders followed, often with multiple bodies found in the same day. Two victims were found every day from July 14 through the 16 (â€Å"Lowlifes planned 40 murders†) The three suspects were arrested on July 23, 2007. Igor Suprunyuck attempted to sell a mobile phone they had stolen from one of their victims at the local pawn shop. When that phone was turned on to show that it worked, its location was tracked by law enforcement agents. Igor Suprunyuck and Viktor Sayenko were arrested in the pawn shop (Katsman). Alexander Hanzha was arrested at home, reportedly managing to flush other stolen phones down the toilet. The phones were recovered, but all the information on them was lost (GlavRed). They were charged with 29 separate incidents, including 21 murders and 8 more attacks where the victims survived. Suprunyuck was charged with 27 of the cases, Sayenko was charged with 25, and Hanzha with counts of armed robbery (Kommersant). Ally three confessed quickly, Suprunyuck later withdrew his confession. Suprunyuck’s original defense awyer dropped out of the case after reportedly being disappointed at failing to have a plea of insanity accepted by his client (Segodyna). â€Å"On February 11, 2009, the court in Dnepropetrovsk found Igor Suprunyuck and Viktor Sayenko guilty of premeditated murder and sentenced to life imprisonment. Alexander Hanzha, who was found guilty of robbery and sentenced to nine years in prison (Olinikova). Hanzha said of Suprunyuck and Sayenko: â€Å"If I had know n the atrocities that they were capable of commiting, I would have not gone near them at gunpoint (â€Å"Dnepropetrovsk serial killers sentenced to life imprisonment†). The parents of Igor Suprunyuck and Viktor Sayenko repeated their belief in the innocence of their sons. The parents of Suprunyuck and Sayenko also argued that the sentence of Alexander Hanzha had been too lenient (Segondnya). From what i’ve read, the murderers didn’t have a specific motive. â€Å"Local media reported that the killers had a plan to get rich from the murder videos that they recorded. One of the suspects’ girlfriends reported that they were planning to make forty videos of separate murders. This was corroborated by the suspects’ former classmates, who claimed that he often heard Suprunyuck was in contact with an unknown â€Å"rich foreign website creator† who ordered forty snuff videos, and would pay a large sum of money once they were made† (â€Å"Lowlifes planned 40 murders†). Regional security chief, Ivan Stupak, rejected the claim that the murders had been committed to make internet snuff videos, saying that no evidence had come to the light during the investigation that supported the claim (Segodnya). Detective Bogdan Vlasenko stated: â€Å"We think they were doing it as a hobby, to have a collection of memories when they get old (Segodnya). Deputy interior minister, Nikolay Kupyanskiy, commented â€Å"For these young men, murder was like entertainment or hunting (â€Å"Dnepropetrovsk Maniacs captured! †). â€Å"At the trial, it emerged that Suprunyuck had collected newspaper cuttings about the case† (Segodnya). â€Å"Some of the photographs of the crimes had captions added, including â€Å"The weak must die. The strongest will conquer (Segodnya). The suspects’ mobile phones and personal computers contained multiple video recordings of the murders taking place. One full video was leaked on the internet, showing the murder of 48-year-old Sergei Yatzenko. He is seen lying on his back in a wooded area, and is struck repeatedly in the face with a hammer held inside a plastic bag. One of the attackers stabs Yatzenko in the eye with a screwdriver, and also stabs him in the abdomen with the screwdriver. Yatzenko is then struck with the hammer in order to ensure that he is dead. The attack lasts over four minutes, during which the victim lapses in and out of consciousness. One of the murderers can be smiling towards the camera during the video† (â€Å"Shocking Murder Video Makes Rounds on the Internet†). Personally i’ve seen the video and I wish I could take back every minute of it. The suspects were also found in possession of multiple photographs showing them attending funerals of the victims. They can be seen smiling and â€Å"flipping off† the coffins and gravestones (â€Å"Killers captured death of victims on video (with television news video)†). The photographic and video evidence was shown in court on October 29, 2008, as part of a larger presentation of over 300 photographs and two videos (Leontieva). In conclusion, my opinion on the murders is that they were horrible. There had to be something mentally wrong with them. No one can do something like that and not have any kind of sympathy, without something being wrong with them. The Dnepropetrovsk Maniac murders were definitely some of the worst killings in the last 100 years.