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Tuesday, May 5, 2009

Law (4)


JUDGE MADE LAW

Precedent, briefly. Britain, unlike the USA and the European Union countries, not having a Written Constitution, Codes of Law enacted by the representatives of the people, English Law is based on Common Law -judge-made law ~judges interpret and (also in those criminal cases where that it is increasingly considered by the government that should not sit juries) apply the law.

Where 'Written Law' -an Act of Parliament, does exists, they do so under Rules formulated by the English Courts, such as:-

The Literal Rule -where the Court does not consider the written law to require judicial interpretation, literally taking the words of the Statute…

The Golden Rule -if they consider the literary meaning to be, e.g., absurd of any Written Law, interpreting it as they would consider not perverse.

The Mischief Rule -if the Court considers it must interpret the purpose of the written law -the Intentions of Parliament, which they do under the Interpretations Act 1889 -barring reference to the Hansard (the official transcript of all words spoken in the Parliament -placed in its library).

These Rules are sometimes confusingly stated, and in relation to appeals, e.g. from cases under the Sex Discrimination Act 1975, its is stated that "no issue of law arises if the Tribunal simply misunderstood or misapplied the facts" -following reference to precedent that an issue of law arises if a decision is "inconsistent with the evidence".

A Decision, in English Law, consists of two parts,

the 'Ratio Decidendi', and the 'Obiter Dicta'
-the former being Precedent, the binding part, which sets out what the Principle is ~the latter being things said by the way -which are not binding but may be persuasive.
Until the late 1990's English courts and tribunals did not have to give reasons for their decisions, including in civil cases in which juries do not normally sit in Britain -European Law now requires them to do so, often if within a specific period of time ask to do so.

The Principle, unless 'distinguished' becomes 'Precedent' binding on all lower courts, and in the case of the Court of Appeal also on itself.

Precedent are reported by the Incorporated Council of Law Reporting in the Weekly Law Reports (WLR) officially, and privately in e.g., the All England Law Reports (AELR).

Precedent, to all intents and purposes, is Law until it is reversed by a higher national Court or by the European Court, or becomes obsolete by an Act of Parliament, or by European Union Law.
Judge-made Law is regarded mainly to have the advantage of being not rigid and enabling for changes more quickly than it may take parliament to make them -its disadvantage is considered to be that unlike as in the case of Codes it is law which is not by elected representatives of people.
...
PARLIAMENTARY SUPREMACY

The Presumption of the Supremacy of the British Parliament in respect of English Law is, briefly, based on the Monarch no longer refusing to give assent to a Bill passed by the Parliament, coupled with that of Precedent being in line with the Intentions of Parliament.

The Inconsistency of that presumption has been proposed on the fact of the European Law (including the decisions of the European Court and of its 'national branches' which are empowered to declare any law made by the British Parliament 'not law' and of no legal effect where it is the view of Europe that Britain ought not to have such a law -e.g., for the reason that it contravenes the Articles of the European Convention on Human Rights) being binding on the United Kingdom Government and on its Courts -as on all other member states of it.

Laws in the European Union states continue increasingly and rapidly to change in the course of commonization of various laws, and in Britain, within a short time of a Department of Constitutional Affairs being created in addition to the Lord Chancellor’s Department, also a Ministry of Justice was added –it is wise when it may otherwise be of consequence to always ascertain what current laws are.

Law (3)



PUBLIC LAW
This branch of the law governs the relationships between the state and other states, and between the individual and the state, under such major headings as:-
Constitutional Law, Administrative Law, Criminal Law

Constitutional Law is about the system, the framework, of who and how, and how come to, govern, by which laws how made and applied, as the state; e.g., the Parliaments Acts 1911, 1914.

Administrative Law defines and controls the limits of government, mostly protecting against absolute power, enabling complaints and appeals against the state -e.g., the Human Right Act 1998.

Criminal Law regulates such conduct of the individuals as are regarded to be against the society, actionably, punishably, by the state; e.g. Offences Against the Person Act 1861.

THE DIFFERENCE BETWEEN PUBLIC AND PRIVATE LAW

The differences are, mainly, these:-

Public Law are those categories of law, such as Administrative, Constitutional, Criminal, which involve the conduct of the state in relation to itself, or in relation to society generally, through one or more individuals, or the conduct of the individual against the society -mostly through one or more other individuals, in representing the society.

Private Law, i.e., Family, Tort, Property, Commercial -with its branches, chiefly, involves the state as only the arbitrator in personal or collective dealings between the individuals.

THE DIFFERENCE BETWEEN CRIMINAL LAW AND CIVIL LAW

IF IT IS CRIMINAL LAW…

1. It is Public Law
2. It is between the state and the individual or organization
3. The state (Crown Prosecution Service) complains, prosecutes)
4. It is registered as R –v- name of the accused (R = Rex/Regina –the monarch)
5. Proof is the states, beyond reasonable doubt
6. It is dealt with by Magistrates, or by Crown Court
7. It is Not Guilty or Guilty and a Sentence –imprisonment/community-service/fine and trial costs unless on legal assistance

IF IT IS CIVIL LAW…

1. It is Private Law
2. Its is between individual/s and/or organization/s
3. The individual/s or the organization sues
4. It is Complainant (plaintiff) –v- Defendant (their names)
5. Proof is on a balance of probabilities
6. It is dealt with by a County Court or the High Court
7. It is a Judgment and the winner is awarded a remedy and, normally, costs


THE LEGISLATIVE PROCESS IN ENGLAND
The Sources of English Law
Main sources of law in England are:-


1. Legislation -including Delegated Legislation...
2. Precedent (Judge-made law) -which mostly comprises of the Laws of England and Wales and as (differently) applied in Northern Ireland (the basis being same of the slightly differing Scottish Law -and of the laws of many countries of the British Commonwealth)...
3. European Union Law -which is increasingly becoming the major source of English Law (expecting compliance with also the European Convention on Human Rights -the enhanced version of the Universal Declaration of Human Rights) -e.g., the Human Rights Act 1998 (implemented in 2000) incorporated into English and all United Kingdom law.

The Legislator, is the Parliament.

The Parliament is the House of Commons, and, the House of Lords -with the Monarch.
The House of Commons are the elected representatives ~mostly from political parties -with committees and 'whips' (who deal, mostly, with the discipline of their members). By "the supremacy of Parliament", in fact, is meant the 'supremacy' of this House -since the Parliament Acts 1911 & 1949 it can bypass the House of Lords, and, since Queen Anne, in 1707, conventionally, to every Act of it the Monarch always assents.

The House of Lords are the unelected representatives, so knighted by the Monarch, some as Hereditary Lords (the eldest son inherits the title) and many increasingly as Life Peers -almost always upon the recommendation of the political parties themselves; the numbers were limited of them with voting rights by the government at the beginning of the 21st century and its members have been considered that should be selected by a panel appointed by government. Its Right to Veto the Commons has been, since 1911, inconsequential, and since 1949 within a year invalid -it serves in effect as a chamber of second opinion and its decisions are not binding on the House of Commons and occasionally have not been followed.


The Monarch, since 1707, may not veto Parliamentary Legislation; but, must formally assent to it -although she does not personally sign it, before it can become legislation.
Legislation is a law, in the form of a Statute. It is formally enacted -or made, by or by the authority of the Parliament, effective when assented to, as an Act of Parliament.
Acts of Parliament, 'Statutes' are laws, produced by the Parliament, and comprise also of less important law, with the authority of the Parliament, as Delegated Legislation.
Delegated Legislation enables the management of major Legislation by the Legislator -Health & Safety Act 1974, the COSSH Regulations 1988.

Statutory Instruments by the Executive's ministers, through other bodies, make effective such Legislation as about health and safety, transport, and as about social-security and taxation.
Orders in Council are by the Monarch with the Privy Council, in cases of emergency -also on appeal from some Commonwealth countries.

By-Laws are made, mostly, by Local Councils (Town Halls as, or as part of, County Halls) -by locally and independently elected town or county mayors and councilors with knowledge of their individual districts.

The advantages of delegating legislation is that it enables saving time, expertise, and flexibility; the disadvantages are that it gives wide powers to make laws without debate and which may not be as much publicized as the Acts of Parliament themselves and as much known to the public.

A Bill is a proposed legislation normally producing an Act of Parliament -it normally begins with one or another type of Bill being introduced.

Types of Bills

The type of a Bill depends on who propose the legislation -as follows...

Public Bills by government, proposing legislation affecting the nation as a whole -were so introduced the Criminal Disorder Act 1998, and, the Access to Justice Act 1999.
Private Member's Bills by members of Parliament, which may be of national effect -the Arbitration Act 1967, the Disability Discrimination Act 1996, both, began so.








Private Bills by individuals, through a member of Parliament, affecting fewer -such a bill proposed the University College London Act 1996.
A Bill, with slightly variations depending on its type, before becoming Law, goes through a number of stages.

Stages of a Bill

The Stages of a Bill are, sometimes strictly, with adherence to set procedures, Readings, at both the House of Commons and the House of Lords:-

The First Reading involves formally, mostly, Naming the Bill, with its date, and making available printed copies of it, normally, with no, or very little, debate on it...
The Second Reading involves Explaining the Bill -debating its general principles, and voting on it...

The Committee Stage involves the political parties, which are represented proportionately, putting forward their views -or expert opinion being obtained on it; and at the Report Stage the House being informed of these and the Bill being voted on.
'Division' sometimes takes place on how to vote on the Bill among the Members of Parliament, and when so, an Eight-Minute Break is allowed them and their Party Whips to discuss it and to decide how to vote on it.
The Third Reading, usually, is, with any verbal amendments to the Bill, the final vote.
This procedure is followed by both of the Houses of Parliament, except that Bills may begin not at the House of Lords if they are to do with such matters as taxation.
The Royal Assent involves the Signing of a Bill that has gone through all of its previous stages successfully, by the Monarch ~but the Monarch need not, and does not, personally sign it -conventionally, the Monarch does not refuse; and, unless stated that it will become so after a time interval, from then on a Bill becomes formally an Act of Parliament, Law which often authorizes delegated legislation too.

It is considered essential to inform the public of the laws proposed and of the laws made, and this is done, at different stages, by way of publishing a White Paper, a Green Paper, and a Statute -delegated legislation also being made in printed form publicly available.
These procedures may sometimes be confusing: e.g., section 6 of Employment Protection (Consolidation) Act 1985 was a Bill introduced as being intended to be of psychological effect only and not of any legal effect before passing all of its stages and becoming Law.

Law (2)

INTERNATIONAL LAW and NATIONAL LAW
INTERNATIONAL LAW

Britain must respect and meet the expectations of various international agreements in the application of its laws -whether binding on it or not, to maintain its political standing among other countries; and, often, such expectations are met by its own, voluntary, incorporating of such laws into English law. This is done, mostly, as a condition of its membership of the European Union, as and when it is directed by Europe -as in the case of the level of its water-purity and the European directive regarding a standard common to all member states of it, and as in the case of the requirement to treat as binding on itself e.g. the Single European Act 1986.

NATIONAL LAW
National Law, on the other hand, is that which is made by the state, for the state, and in Britain by its Parliament, intended, within the state, in this case within Britain alone -with variations for Scotland and Northern Ireland, to ensure the non-anarchic organizing and running of the society, in respects from less of consequence to those fundamental, increasingly as written-law, as:-
PRIVATE LAW and PUBLIC LAW

PRIVATE LAW
Private Law regulates the dealings of the individuals with each other within the state, under such headings as:-
Family Law, Tort, Property Law, Commercial Law
Family Law is a good example of the laws in this category; it deals with matters between individuals such as marriage, divorce, and matters arising as related rights -such as the custody of children, e.g. the Family Law Reform Act 1969.

Tort or Torts -as some prefer to call it (from the French word meaning wrong, or wrongs), is the private individual's right -if without financial assistance from the state s/he can, not to be civilly wronged by another, sometimes by an organization, in respects not contractual, sometimes including such as, with a very fine distinguishing line, may fall short of being criminal ~e.g. negligence, or the Occupiers' Liability Act 1957.

Property Law, also called Land Law, deals with matters of property, such as land that in practice is regarded as personal -although 'all land belongs to the Crown', and including matters of dispute over minerals under it and treasure trove, as well as dwellings on it and fittings, often dealt with by the Courts of Chancery -e.g., the Law of Property Act 1925.

Commercial Law comprises of laws of major importance in the dealings of individuals with others, such as:-

Mercantile Law, Consumer Law, and the Law of Contracts

Mercantile Law is the original body of laws that governed commercial dealings ~it was so called because it involved dealings of merchants with each other. As it developed, it concerned itself also with dealings between merchants and the consumer, and the occasional agreements between the individuals -which later grew into separate laws themselves. Almost exclusively, it deals with such matters as competition between traders, trademarks and patents, and e.g., bills of exchange under the Bills of Exchange Act 1982.

Law (1)



Before one considers what laws are and how they are introduced into a society or a circumstance, it is necessary to consider...

WHY WE HAVE LAW

People's behaviour, sometimes, may lead to generally undesirable outcomes, injurious to one or more others physically or as repugnant. People have sought to establish some rules, to enable the smooth functioning of the societies in which they live, of a kind that themselves can sanction to avoid chaos.

WHAT ARE LAWS

The set of rules that regulate behaviour are laws; and those that regulate human behavior in ways that they can be legally sanctioned if breached are men's Legal Laws.What the should be the basis of such rules, the extent of the limitations on man's actions, who and how should decide and organize them, apply the sanctions -with what safeguards against injustice and as defined by whom and how, and the growth of society -necessitating variations of them, and other such considerations, are essentially, also part of Law.
There has been the Authoritarian View -that law's intention should be to prevent wickedness, and the moral welfare of the society; and there has been the Libertarian View -that private morality and immorality is one's own business and not of law: e.g., the Misrepresentations Act 1967.

THE AIM OF LAW

The Libertarian view has been mostly preferred, aiming to ensure two things:-

1. Primarily, with minimum conflict with natural law, rules for the survival of the society (e.g. regarding murder, theft -mostly criminal in nature), against human greed and aggression.
2. Secondarily, to make allowance for growth, and complex situations by way of...
a. A system of adjudication for the settling of e.g. mercantile disputes
b. A system of who and how to change the rules as and when necessary
c. A system of recognition of the primary rules themselves as legal rules.

ENGLISH LAW

Classification of English Law is as being, both, affected by, and incorporating in part -and increasingly, international law; it comprises of...

INTERNATIONAL LAW and NATIONAL LAW

Is Selling Your Business the Best "Exit Plan"?



My neighbor asked me, "Why would anyone sell a successful company?". He could not understand why anyone would leave a business that was doing well. Of course successful companies get sold all the time.

So why do these business owners sell? The short answer is that most closely held businesses sell for human reasons, such as burn out, retirement, illness, partnership disputes, family issues or other personal reasons. Usually the business is fine but the human being running the business needs a change. To understand this better it is key to understand the other options for exiting a business.

Close the Business/Liquidation

Closing a business that is profitable never makes sense. Even if the assets are liquidated the price is likely to be pennies on the dollar versus selling the business as a going concern with employees, customers and a reputation that is intact. Not only does the business owner get the lowest value but the employees, vendors and customers are hurt by this type of exit.

Accident, Illness or Death

No one wants to exit their business this way, but many do. The loss of an owner not only creates tremendous issues for the family but also creates a leadership void in the business. Even the most competent management can struggle when a key business leader is lost to a serious accident, illness or death. No one plans for this type of exit but many end up exiting the business this way because they failed to create an alternate plan.

Succession

Succession by a family member or key employee has its benefits. They know the business, its product or service, employees, customers and vendors. Succession can be operationally successful for the exiting owner if they make sure the successor is carefully selected, qualified and groomed for the position. The owner must be careful not to make an emotional choice of a relative or favorite employee but instead choose the successor with the right skills to lead the company into the future. You are not seeking an "Employee" mentality but an "Owner" mentality. If that rare person can be found in the business who can make the transition to Owner, they often do not have the cash needed to purchase the business. They are also likely to want to pay less for the business as familiarity will blind them to many of the value drivers of the company. So although succession can be operationally successful it is rarely a financial success for the outgoing owner.

Sell

Closing or liquidating the business minimizes the value to the owner. Accident, illness or death forces the issue on the owner. Succession provided a very limited pool of options with limited financial reward.
Selling on the other hand allows the business owner to decide their ideal timing, maximize the value of the business they worked so hard to build, coordinate the use of the sale proceeds for financial planning and align their personal goals with the sale of a business. Selling the business allows the business owner to create a wealth event and often significant on-going passive income without having to run their business. Whatever they are, human reasons are always pushing and pulling on a business owner. Burn out, stress, divorce, illness, partner disputes and limited growth capital are some of the human reasons that push owners out of the business. Retirement, enjoying life, relocating, a new business opportunity and passive income are some of the reasons that pull a business owner out. Whatever the motivation, the fundamental reason a business owner chooses a sale as their ideal exit plan is control.

The business owner chooses to understand the value of their business and to proactively pursue the right buyer and the right price. By selling a business you choose to exit your business by choice, not by force.

Architecture and design


Architectural interior designing has existed since the time human beings began building houses for themselves. They made crude houses from stone, wood and whatever else they could find useful for making their houses. Those structures were not at all comfortable or stylish compared to the sophisticated interiors that architects design nowadays. But they were the earliest steps that man took in the field of architectural interior designing.

As humans gained mastery over various elements, they started building better houses with improved interiors. Once they had succeeded in achieving a satisfying comfort level in their interiors, our architect ancestors started paying attention to beautifying them. This led to the creation of various styles of architectural interior design.

Architectural interior designing first got recognition during the Roman and Gothic ages. Since then it has explored a variety of styles across different ages. The concepts of architectural interior designing have been seen to be influenced by prevailing economic and social conditions. For example, the economic crisis that resulted from World War II played a defining role in making the architectural interior designing of that era quite plain and simple. Architectural interior designing reflects its times, the World War bought misery and financial difficulties to the masses. Consequently some people at that time did not care about the beauty of their interiors or could not afford to beautify their homes. Similarly other significant periods in the history of mankind have been associated with unique styles of architectural interior designing.


Some of the most historically significant forms of architectural interior designing are –

          1. Gothic (13th-century)

          2. Baroque (17th century)

          3. Georgian (18th century)

          4. Classical and Gothic revival (19th century)

          5. Modernistic art (20th century)


          Modern Architectural Designs:


          Unlike their ancient predecessors who worked with rocks and metals like iron, modern architects use concrete and steel to create marvelous interiors.


          Architecture goes green:


          A concept of architectural interior designing that has become very popular among present-day architects is that that of a green home. Green homes are built using materials and methods that are friendly to the environment. Much of the materials used in the construction of such homes are environment-friendly, and can be re-cycled. This is very important, because with the threat of global warming looming large over us, we need to do everything that can be done to prevent further damages to our environment.

          ...




          Science for SEO

          Science for SEO is relatively new marketing buzz for relatively old concepts.
          There have been various articles written questioning, "Is SEO a science or an art?" True SEO is a combination of both science and art. Thus far, science for SEO has been coined yet not expressed in it's fullest context.

          Define science:

          A branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws.

          Define social science:

          The study of society and social behavior.

          Define SEO:

          The process of improving the volume and quality of traffic to a web site from search engines via natural ("organic" or "algorithmic") search results.

          Define art:

          The quality, production, expression, or realm, according to aesthetic principles, of what is beautiful, appealing, or of more than ordinary significance. Science for SEO: The Semantic Web

          One of the most beautiful reasons to use a computer is for the purpose of gaining an education in areas of interest that, in the past, could only be obtained in an institutional setting. This is not the case today. The web is filled with forums, blogs, tutorials, white papers and lessons and associates that provide us with educative tools. Never leaving a cup of coffee behind, we have all that we need to secure a secular future for ourselves. The science behind the semantic web, until recently, has seemed a mystery to the majority. Somewhat fearful, we have falsely believed that it is beyond the average persons understanding, so we allow the schooled ones to lead the discussions.

          Define semantic web:

          An evolving extension of the World Wide Web in which the semantics of information and services on the web is defined, making it possible for the web to understand and satisfy the requests of people and machines to use the web content. Understanding quantitative analysis is a sign of certain intellect yet also not required in understanding science for SEO.

          Science for SEO: Keyword Research

          Thorough keyword research is the very heart of SEO. It includes the variables of competitor research, comparisons of search volume vs. competition, evaluation of trends, consumer rationale and psychology.Understanding people, language, assessment of needs and demand, desires specific to geographical locations, are all part of keyword research for SEO campaigns. This ultimately entails openness to a degree of social sciences, which many are naturally equipped with, yet may not realize. SEO is embodied by this.

          Science for SEO: Copywriting

          In the beginning, SEO was most readily defined as a means to optimize a website for visibility in search engine results pages. Thanks to marketing buzz, it has expanded to entail much more.
          Over time, we came to understand that visibility is awesome but well written copy is the securer of conversion and ROI. e.g. an attractive title, an alluring call to action within the results description and page content and so on. Drawing the attention of the reader to fine tuned copy that ranks well and appeals to consumer needs is the golden ticket of SEO. Its purpose.

          The Art Behind the Science:
          In order for SEO to be useful, it must entail research, creativity, foresight (predictive thinking), and a degree of scientific capacity which enables us to see the essential pieces of the entire puzzle and to implement them efficiently. SEO will grow and expand as people grow and expand. Its core is the ability to understand connect, and efficiently communicate with people. Without this, it would be useless.

          What IS Science for SEO?

          Artistic combination of computer and social sciences to enhance search engine visibility and secure consumer conversion.

          Mathematics

          ....


          Is there a better way to learn mathematics as one progresses to higher level of education?


          There are many ways to learn a subject. Different people has different learning style. However, regardless of learning style, there are two particular ways to learn knowledge within any style. The first way is memory method. This way of learning focuses on remembering facts and details, and recalling them when required. The second method is to understand the underlying concepts of the facts. It is the "what" versus the "how" and "why". Either way has their merits and demerits. It depends on the education level and complexity of the subject matters. Sometimes, a hybrid of both are necessary to reap the best possible results, especially in learning mathematics.

          For elementary mathematics level, the amount of mathematical facts and concepts to be learned are marginal, and only serves to lay foundation for further advancement into higher mathematics learning. At the basic level, memory method of learning may be acceptable and manageable. But how about maintaining this way when one progresses into higher mathematics studies?


          At a higher level of mathematics learning, the learning taxonomy moves into the application level and beyond. Mastery of concepts becomes an important factor in analyzing and solving more complex mathematics questions. Mathematical equations and expressions get more integrated with detailed concepts. Pure memory will not be able to extract out the true meaning of these equations and expressions. A few mathematical tools may be required to solve a mathematics problem. This combination of solving methods and concepts rendered pure memory way of learning mathematics unacceptable. The scope to cover all possible combinations of solving tools and questions is far too wide to manage. Staying firm with this facts-remembering method will only cause the performance and outcome to dwindle low. This will reduce the motivation to study and may decline towards the fearful mathematics anxiety situation.

          Studying mathematics is different from other subjects in that a unique language is used to present mathematical meaning. Symbols and variables are used to form relationships and conditions. Many in-depth concepts are embedded into these few symbols and variables, including mathematical operators. True mastery of the mathematics concepts is therefore needed. However, it should not be said that memorising facts are completely useless at the higher level of mathematics education. It still serves its purpose in that they are the basic ingredients for the brain to link up with the solving methods and conceptual approach. It is these linkages or bondings that retain and strengthen the acquired knowledge longer. This is real mastery of the subject and its topics. A hybid of both learning methods is therefore necessary to achieve a level of acceptable comprehension with more emphasis going towards mastery of concepts.

          In conclusion, time causes facts to fade off. Memorising facts will therefore not last long. A better learning platform is to focus on relationship and concept mastery. Linking facts to solving strategy becomes a useful problem-solving skill and has the benefit that it will last longer. Understanding the "why" and "how" is better when they complement the "what". Resistance to studying advance mathematics will then be lowered when the correct method of learning mathematics through mastery of concepts is applied.

          Computer sciences


          Computer science and information technology has long been known as a great field to get into, but lately there has been a rumor going around that the industry is in a slump, causing fewer students to enroll in a computer science degree program. Unfortunately, the rumor is not at all true, and students are being turned away from a field they are interested in for no reason: The technology industry is still booming, still creating lots of new jobs every day, and still a great field in which to work.

          Here are just a few reasons why you should still get that computer science degree and pursue your dream career:

          Technology-related jobs are expanding at a phenomenal rate. Many students in the United States worry that the computer science industry is short-lived, because so many corporations are outsourcing technical support and other services to foreign countries such as India. The truth is, though, that the IT industry in the United States is growing far faster than the outsourcing trend. Many more computer science jobs are being created every year than those being eliminated in favor of outsourcing.
          A technological world means job security. Let's face it; we are now more dependent on technology than ever. Common sense, then, should tell us that technological jobs couldn't possibly be decreasing, when technology itself is on the rise! As more and more of our life is computerized, more and more IT jobs will be created to support and maintain our accustomed lifestyle. This means that a computer science degree offers job security -- your particular specialty will always be in demand.

          Enrollment in computer science degree programs is down. Unfortunately, many students have taken to heart that computer science is a bad field to get into, and as a result fewer students are enrolling in computer science degree programs. Since the IT industry is in fact expanding within the United States, the result is that the students currently enrolled in computer science programs will have less competition entering the workforce when they graduate.

          Computer science jobs are just plain fun. Computers are a hobby and a passion for many people. If you love working with computers and technology, don't be persuaded to choose another career path by the rumors that IT is a doomed field in the United States. The truth is, of course, that the industry is still booming as much as, or even more than ever, but it's about more than just that. How much is it worth to you to have a job you love? Many American adults never experience this satisfaction; so don't turn away from your dream just because somebody tells you the industry is failing, particularly when they are wrong.

          Despite what the rumor mills have to say, computer and technology related jobs still have a lot going for them, making a computer science degree a smart choice for any student.
          ..

          Chemistry and Goals of Chemists

          Chemistry is a science of substances, their properties, and how and why materials combine or separate to form different substances. Atoms, molecules and compounds are the involved ones in the study of Chemistry. In other words, it is how atoms interact to form molecules and how molecules interact with each other. It also looks into the composition of substances and their properties. The outer electron orbits or shells primarily determine the chemical characteristics of a material and whether materials will chemically combine. Thus Chemistry is the study of the composition of matter and the changes that take place in that composition. If we place a bar of iron outside our window, the iron bar will soon begin to rust. If we pour vinegar on baking soda, the mixture fizzes. If we hold a sugar cube over a flame, the sugar begins to turn brown and give off steam. The goal of chemistry is to understand the composition of substances such as iron, vinegar, baking soda, and sugar and to understand what happens during the changes described here.

          The term chemistry has grown out of an earlier field of study known as alchemy. Alchemy has been described as a kind of pre-chemistry, in which scholars studied the nature of matter but without the formal scientific approach that modern chemists use. The term alchemy is probably based on the Arabic name for Egypt, al-Kimia, or the "black country." Ancient scholars learned a great deal about matter, usually by trial- and-error methods. For example, the Egyptians mastered many technical procedures such as making different types of metals, manufacturing colored glass, dying cloth, and extracting oils from plants. Alchemists of the Middle Ages discovered a number of elements and compounds and perfected other chemical techniques, such as distillation and crystallization. The modern subject of chemistry did not appear, however, until the eighteenth century. At that point, scholars began to recognize that research on the nature of matter had to be conducted according to certain specific rules. Among these rules was one stating that ideas in chemistry had to be subjected to experimental tests.

          Nowadays keeping in view the overall significance and versatility of chemistry, we can say that:

          Chemistry is a science: There is only one sanctioned procedure for determining whether a statement about matter is really chemistry: the exhaustive, inefficient, but highly successful scientific method. Chemists often arrive at new results by nonscientific means (like luck or sheer creativity), but their work isn't chemistry unless it can be reproduced and verified scientifically.
          Chemistry is a systematic study: Chemists have devised several good methods for solving problems and making observations. For example, analytical chemists often use protocols (thoroughly tested recipes) for determining the concentrations of substances in a sample. Chemists use well-defined techniques like spectroscopy and chromatography to study new or unknown substances.
          Chemistry is the study of the composition and properties of matter: Chemistry is the study of the composition and properties of matter as it answers questions like, "What kind of stuff is a sample made of? What does the sample look like on a molecular scale? How does the structure of the material determine its properties? How do the properties of the material change when we increase temperature, or pressure, or some other environmental variable?"
          Chemistry is the study of the reactivity of substances: Chemistry is the study of the reactivity of substances as one material can be changed into another by a chemical reaction. A complex substance can by made from simpler ones. Chemical compounds can break down into simpler substances. For example, fuels burn, food cooks, leaves turn their colors in the fall, cells grow, medicines cure and it is both their chemistry and the chemistry which is concerned with the essential processes that make these changes happen.

          Organic chemistry:

          Organic chemistry is the study of carbon compounds. That definition sometimes puzzles beginning chemistry students because more than 100 chemical elements are known. How does it happen that one large field of chemistry is devoted to the study of only one of those elements and its compounds? The answer to that question is that carbon is a most unusual element. It is the only element whose atoms are able to combine with each other in apparently endless combinations. Many organic compounds consist of dozens, hundreds, or even thousands of carbon atoms joined to each other in a continuous chain. Other organic compounds consist of carbon chains with other carbon chains branching off them. Still other organic compounds consist of carbon atoms arranged in rings, cages, spheres, or other geometric forms. The scope of organic chemistry can be appreciated by knowing that more than 90 percent of all compounds known to science (more than 10 million compounds) are organic compounds. Organic chemistry is of special interest because it deals with many of the compounds that we encounter in our everyday lives: natural and synthetic rubber, vitamins, carbohydrates, proteins, fats and oils, cloth, plastics, paper, and most of the compounds that make up all living organisms, from simple one-cell bacteria to the most complex plants and animals.

          Inorganic chemistry:

          Inorganic chemistry is the study of the chemistry of all the elements in the periodic table except for carbon. Like their cousins in the field of organic chemistry, inorganic chemists have provided the world with countless numbers of useful products, including fertilizers, alloys, ceramics, household cleaning products, building materials, water softening and purification systems, paints and stains, computer chips and other electronic components, and beauty products. The more than 100 elements included in the field of inorganic chemistry have a staggering variety of properties. Some are gases, others are solid, and a few are liquid. Some are so reactive that they have to be stored in special containers, while others are so inert (inactive) that they virtually never react with other elements. Some are so common they can be produced for only a few cents a pound, while others are so rare that they cost hundreds of dollars an ounce. Because of this wide variety of elements and properties, most inorganic chemists concentrate on a single element or family of elements or on certain types of reactions.

          Physical chemistry:

          Physical chemistry is the branch of chemistry that investigates the physical properties of materials and relates these properties to the structure of the substance. Physical chemists study both organic and inorganic compounds and measure such variables as the temperature needed to liquefy a solid, the energy of the light absorbed by a substance, and the heat required to accomplish a chemical transformation. A computer is used to calculate the properties of a material and compare these assumptions to laboratory measurements. Physical chemistry is responsible for the theories and understanding of the physical phenomena utilized in organic and inorganic chemistry.

          Analytical chemistry:

          Analytical chemistry is that field of chemistry concerned with the identification of materials and with the determination of the percentage composition of compounds and mixtures. These two lines of research are known, respectively, as qualitative analysis and quantitative analysis. Two of the oldest techniques used in analytical chemistry are gravimetric and volumetric analysis. Gravimetric analysis refers to the process by which a substance is precipitated (changed to a solid) out of solution and then dried and weighed. Volumetric analysis involves the reaction between two liquids in order to determine the composition of one or both of the liquids.
          In the last half of the twentieth century, a number of mechanical systems have been developed for use in analytical research. For example, spectroscopy is the process by which an unknown sample is excited (or energized) by heating or by some other process. The radiation given off by the hot sample can then be analyzed to determine what elements are present. Various forms of spectroscopy are available (X-ray, infrared, and ultraviolet, for example) depending on the form of radiation analyzed. Other analytical techniques now in use include optical and electron microscopy, nuclear magnetic resonance (MRI; used to produce a three-dimensional image), mass spectrometry (used to identify and find out the mass of particles contained in a mixture), and various forms of chromatography (used to identify the components of mixtures).

          Other fields of chemistry:

          The division of chemistry into four major fields is in some ways misleading and inaccurate. In the first place, each of these four fields is so large that no chemist is an authority in any one field. An inorganic chemist might specialize in the chemistry of sulfur, the chemistry of nitrogen, the chemistry of the inert gases, or in even more specialized topics. Secondly, many fields have developed within one of the four major areas, and many other fields cross two or more of the major areas. For an example of specialization, the subject of biochemistry is considered a subspecialty of organic chemistry. It is concerned with organic compounds that occur within living systems. An example of a cross-discipline subject is bioinorganic chemistry. Bioinorganic chemistry is the science dealing with the role of inorganic elements and their compounds (such as iron, copper, and sulfur) in living organisms. At present, chemists explore the boundaries of chemistry and its connections with other sciences, such as biology, environmental science, geology, mathematics, and physics. A chemist today may even have a so-called nontraditional occupation. He or she may be a pharmaceutical salesperson, a technical writer, a science librarian, an investment broker, or a patent lawyer, since discoveries by a traditional chemist may expand and diversify into a variety of fields that encompass our whole society.

          Chemists have two major goals. One is to find out the composition of matter in order to learn what elements are present in a given sample and in what percentage and arrangement. This type of research is known as analysis. A second goal is to invent new substances that replicate or are different from those found in nature. This form of research is known as synthesis. In many cases, analysis leads to synthesis. That is, chemists may find that some naturally occurring substance is a good painkiller. That discovery may suggest new avenues of research that will lead to a synthetic (human-made) product similar to the natural product, but with other desirable properties (and usually lower cost). Many of the substances that chemistry has produced for human use have been developed by this process of analysis and synthesis.

          A Leap for Nutrition and Biological Sciences With Biocare

          The health and nutrition industry is making tremendous advancements. Each day, scientists and medical practitioners are striving to achieve breakthroughs in the field of medicinal and biological sciences. Their aim is to treat diseases in the most effective way and the most natural way as well. BioCare and many other companies are involved in the research and manufacture of these herbal and natural based remedies.

          The research and development of these natural based products is carried out by a team of chemists, microbiologists and nutritionists. The research is based on the latest data and the most recent scientific innovations and research available. Companies, like BioCare, who are involved in the production and development of these natural based products, are known to use only the purest raw materials possible, and manufacture their own ingredients in order to exercise greater control over their formulations. .

          BioCare, especially is known for manufacturing its products with the minimum manufacturing aids possible and exclude allergenic ingredients. Their products include vitamin, mineral and herbal health food supplements, probiotic food products, fatty acids and antioxidants.

          The best part about these products is that they can easily suit a majority of the population, and very rarely has any kind of side effects. It is mild and made from natural and herbal ingredients, hence is suitable for kids and adults alike. It is not harmful, even if you take these without the prescription of the doctor, though it is advisable to consult a medical expert before taking these BioCare products. All the products have a minimum dosage instructions printed on the packaging.

          BioCare and other similar products and companies are continuously striving and working towards the formation of a healthy and strong world. Their endeavour in developing the safest and the most natural based remedies and supplements in order to treat deficiencies and other health problems is gaining success, as more and more people are veering towards the most naturalistic way of treating problems.

          Monday, May 4, 2009

          Economics (3)

          Specialization & Comparative Advantage:

          Natural inequality among humans is a fact of life. Economics aims at efficient management; therefore to make best use of human resources different individuals specializes in those particular fields in which they can be better than others because of their natural abilities. Due to this reason some individuals have comparative advantage over others.

          Information:

          Information is very important for making informed rational decisions. However accurate information is impossible by any individual because of the human mind, because every human being is unique, and also due to unpredictable future. Information about market behavior is extremely diverse and ubiquitous. Therefore it is not possible for any individual to accrue the available information and our decisions about future at best are mere estimate with enormous possibilities.

          Profit & Loss:

          The expectant and prevailing profit and loss are the determining factors for the investments. It provides the criteria for the goods and services to be produced. Where in the short run demand of the products is the primary factor in stimulating the investment trends, profit or loss is the litmus test for products produced in the long run.

          Trade Off:

          It's a general principle that in order to gain something one needs to loose something. The most important resource for an individual, time is limited. Therefore no one can do all the things oneself, so a rational individual focuses one's time on those tasks where one can perform best. However it is quite impossible to precisely quantify the time one put in some particular activity is equal to the forgone activity/activities. Nonetheless for the purpose of understanding this concept economists assume that the price of engaging in some activity is equal to the cost of the other activity/activities one has forgone.


          Price Theory:

          Demand for and supply of products determines their prices in the market. It is wrongly asserted by the majority of the people that cost of goods determines the prices of the product. In actuality it is the marketing activities of the producers and the perception of the consumers about the products that determine the prices of the products. As a general rule higher the prices lower will be the demand and vice versa. However in some cases due to the nature of the product and the marketing efforts of the producers higher prices lead to higher demand.

          Causality -- Cause & Effect:

          Despite limitations of logic, causality is the most important phenomenon in understanding economic theory and practice. Excluding mega-microscopic and mega-macroscopic phenomenon, every cause has some effect and that effect is a cause of some other effect ad infinitum. Due to this cause and effect relationship in a world of numerous individuals and groups their actions has great impact on other elements in the economy. Despite the complexity of this relationship that is also chaotic, understanding this relationship can help enormously in making good estimates about the future and to form comparatively sound opinions about the market trends.

          Labor Economics:

          In this field we study that how wages are determined. Like all other markets the wages are set by the interaction of demand and supply. Higher wages can only be achieved by greater investment and economic activity in the long run. Employment and unemployment are also the key issues that we study in this field. Ups and downs in the economy are the facts that cannot be avoided. Higher consumption level asks for greater capital investments that will raise general wage level and results in lower unemployment.

          Uncertainty:

          No one knows the future. It's the fear of future that is an integral part of our lives and also an impetus for human activity. This factor of uncertainty gave birth to the idea of risk. There is always degree of risk in all human activities. As a general rule: "higher the risk, higher the reward". Uncertainty is also nature's law of rewarding and punishing the human actions. Moreover it is also a way of nature of teaching and making known new ideas to the new participants and making room for the new and efficient members.

          Public Finance:

          The filed of public finance is directly related with role of government. Bigger the government, larger the funds are needed to finance it. The accountability principle is of pivotal importance in public enterprises because the ownership of these enterprises has no personal owners. Moreover, fund should be received from those who get benefits from that service.

          Money & Banking:

          Banking in an economy is the determining factor for gauging its performance. Money is the medium of exchange that facilitates transactions among participants of an economy. Banks play the role of intermediaries. Interest rates and value of currency with relation to other international currencies is set by central banks. However ideally it is best that market forces of demand and supply determine them.

          Consumption & Saving:

          Raising the consumption level is key factor to all economic activities for reducing costs, creating employment, raising standard of living and eliminating poverty. On the other hand, raising consumption greatly can result in undue depletion of resources in a given market and cause inflation. If this situation prolongs that would result in recession to depression. Therefore a sagacious policy of moderation is the ideal combination.
          Marketing:

          Marketing is the key for stimulating demand and consequently enhancing economic activity. Entrepreneurs have the sharp ability of marketing to understand the economic environment and knowing the customer demand ahead of time and finding new segments that would consequently raise general standard of living.

          Cost & Production:

          Every thing entails cost. Finding the best methods to produce goods at minimum possible cost is essential for firms to earn profits and compete successfully.

          Technology:

          Technology makes the difference between the present age and the previous one. The problems faced by humans in all times are quite similar yet the technology of their respective eras determines the mode of production as well as way of living. Technology is of utmost importance for understanding economics because by applying it we enormously reduce costs and even reach new markets that could not have been possible with out technology. Moreover it raises standard of living by simplifying the complex tasks.

          Poverty:

          The problem of poverty is the focal point in the field of economics. Ignorance is the main cause of poverty. The best way to eradicate poverty is by spreading knowledge.

          Economics (2)


          Economic Resources:

          Economic resources can be broadly divided into following four categories:

          o Land & Raw Materials: These are free gifts of nature. All things derived from nature are included in this category.
          o Labor: It consists of the contribution of human beings.
          o Capital: It consists of plant & Equipment.
          o Mind/Entrepreneurial Ability: Entrepreneurial ability refers to the ability to organize production and bear risks. Some people are more intelligent and have the gift of managing things better than others. It is due to their contribution that societies develop. Due to this reason we categorize this resource separately from labor.
          Entrepreneur & Entrepreneurship:

          Entrepreneurship is a vital aspect for economic growth and development. Because of its importance this should be studied in depth. Entrepreneurs are gifted individuals who have the gift of managing resources and have keen foresight to visualize things much better than ordinary people. High growing economies provide viable environment and freedom for the entrepreneurship to grow that eventually led to the development and growth of economies.

          Economic Growth:

          An important element and field of study in economics is economic growth. Essentially the motive behind all economic activity is in raising the standard of living. We study that how standard of living is raised. Education plays a pivotal role in raising general standard of living in the long run. Capital formation results from prudently managing resources and by finding new ways to improve the present means of production by using new technology; that is a consequence of knowledge gained by acquiring education. Therefore capital formation is the key factor for economic growth.

          Trade:

          Exchange, monetary or non monetary, is an integral part of any human activity. Human exchange views/goods/services etc because they feel that they will gain by exchanging. However, in economics we are only concerned with monetary exchange of views/goods/services etc. It is wrongly assumed that our world is a zero-sum world where gain by some is loss of other. Factually and fortunately we are living in a positive sum world. If this had been the case then progress in our world would have never been possible. Never the less it does not entail that in all monetary exchanges both parties will equally gain. Moreover the value gained in an exchange between two individuals or groups can never be evaluated precisely by the third party because the value of an exchange is very different for different individuals.

          Competition:

          The prevalence of competition in the filed of economics in world is universal, because of scarce resources and innumerous and recurring wants. Where competition has negative implications, it has also positive implications. It is the element of competition that drives different individuals to excel from others, which results in greater discoveries, technological advancements and pursuit for finding new ways to earn greater profits that consequently raise general prosperity level in the world. It is unethical aspects of competition where some individuals initiate force and fraud that causes violence in the society. Competition can never be eliminated from any society; rather any attempt to eliminate competition would result in regression and more violence. Therefore, check should only be imposed on negative effects of competition.
          Cooperation:

          For the efficient management of the resources (time, skills, natural etc) human need to cooperate to make optimal use of these resources. Moreover most of the natural resources need to be transformed for use and to make them valuable. Groups need to cooperate to be successful. Cooperation juxtaposed with positive competition is an ideal combination for efficiency.

          Economics (1)


          The Aim & Scope of Economics:

          The study of economics is aimed at finding the natural law governing an economy and its scope is to find the ideal principles for the working of an economy based on those findings.


          There is no such Thing as Free Lunch:

          It is the most fundamental law of nature that every thing has either monetary or non-monetary value. Though generally things have both monetary and non-monetary aspects, never the less for the purpose of simplicity and understanding we only consider monetary aspect of things in economics.

          INVISBILE HAND:

          This is the most vital as well as an extremely difficult idea to logically explain, and however absolutely impossible to mathematically prove it. Perhaps in order to understand it one needs to think beyond logic and one may comprehend it after one's own peculiar experiences. How the invisible hand plays it role in making financial shifts among individuals, groups and even among nations can be understood by studying natural phenomenon viz., the animal world, the plant world, the rotation of the solar system, the rain, diseases, wars, natural disasters etc. Moreover the mental state of an individual changes continuously and mysteriously which affects one's decision making and other faculties that results in changes in one's economic/financial conditions. Uncontrollable and unpredictable invisible factors beyond human control brought financial changes.

          Defining Economics:

          Economics deals with the efficient management (by the individuals & entrepreneurs) of scarce resources to satisfy unlimited human wants by applying science & technology in the market.


          Basic Economic Problem:

          Scarcity of Resources, Unlimited Wants & Choice:It is a known fact that our resources (time, raw materials, land, human resources, machines, money etc.) are limited while our wants are unlimited and recurring therefore we have to make some choice among available alternatives to satisfy our wants.

          Concept of Stratigraphy in Geology and Archaeology

          Stratigraphy is based on superimposition. This is a simple concept stating that as layers of soil accumulate, the older deposits become progressively more deeply buried. Therefore each layer in a sequence of soil is younger than the one below it. In reality the situation usually is much more complex than this.



          In archaeology we see that cuts (such as pits, ditches, post-holes and cellars) disturb this simple sequence. However, superimposition still works. The pit, etc is younger than (and therefore stratigraphically above) the layers through which it has been cut. Its fill will be younger than the pit cut itself. A layer that covers both the pit fill and the surrounding soil will be younger than both of them. The situation becomes even more complex when a later pit is cut through the first pit fill. Careful excavation is needed to sort out such complex stratigraphy.


          In geology, the same concept is valid, as erosion (such as channels, rivers, valleys) disturb a superimposed sequence. The erosion is younger than the layer below it. The fill of this erosion is even younger than the erosion itself. If the erosion and the fill is covered with new layers, these are the youngest in the sequence.



          Back to our archaeology example and tell you about other scenarios.


          Sometimes we find ourselves digging something that appears to belong to an earlier period than the layer below it. For instance, after a ditch has been dug, material from outside (i.e. stratigraphically earlier) may collapse into it as a large block. It now appears that the ditch contains soil that is actually older than the ditch itself. In reality however, the soil has been moved ('re-deposited') from its original position and this makes it stratigraphically a new deposit. Again careful excavation is needed to identify such re-deposited layers and avoid obtaining erroneous dates from them.


          In geology this example could be erosion of older rocks from somewhere else and transported into a new area with f.inst rivers or even an avalanche. These rocks are deposited on existing rocks in their new place, and are therefore superimposed on rocks deposited before, however the transported rocks can be older than the ones they are superimposed on. We say these older rocks are deposited later, however are older than the rocks they are deposited upon.Disentangling these relationships is part of the challenge and fun of geology and archaeology. Within geology these studies form basic principle for exploration for oil and gas traps, and is referred to as
          sequence stratigraphy.
          ....

          Anthropology Papers

          Writing this type of paper is educational and should be normally different from writing for a simple presentation or giving out ideas for a work.Writing a piece of work like this should be an easy task and can take the following course:

          The work should start with one or two paragraphs outlining a theoretical or conceptual framework on the issue or issues you are writing on. This should normally be like a summing up of the whole work so that any person who reads gets a total picture of what is in the paper. Also include in the abstract, any question or particular point that you might want to address.

          Next is the organization or the body of the work. Although it must not be a repetition to students, it is recommended that every point should have a separate paragraph and where possible, linking sentences must string one paragraph to another. Your opening paragraph must be based on what your topic tells of. Be careful not to get off the point or change the subject matter.

          If you intend to make the write-up long, then you must use subtitles or headings. Your title is the key to your work. It should be clear, exact and appealing. This will not only present the different issues to be discussed, but equally gives an organization to your work. Remember that physical presentation of the work is something that draws the attention of the reader and equally what makes him want to go to the next page. The wordings, graphs and tables (if any) must be clear and free from verbose words. Take note that you are not out for a show of words. Nevertheless, an anthropologist must use anthropological words. Without words that are familiar to the course, the paper falls short of a subject paper.

          In writing a piece of work that gives an idea about the study of mankind, recourse to available materials can be from anywhere of your choosing. You can make references to books, journals or consultations. Thus you must acknowledge the sources of your material. All borrowed words must appear in quotes and books and their illustrations must be cited properly. Alternatively, you can paraphrase borrowed ideas and at the same time, give credit to where they come from. You are a student and your repute counts now and tomorrow. So do not copy the works of others without permission.If you want your reader to go over the work uninterrupted, it is advisable to used endnotes in place of footnotes. This is because footnotes always convey extra messages and will tend to be time-consuming to a reader. Why not allow him to go through and read this extra information at the end of the work.

          Conclusions are decisive parts in any anthropological paper. This is where your reader or teacher gets to know what position you have taken. This is where you answer any question raised in the paper. In your closing remarks, it will be good to give the opinion of authors or individuals and then give your own opinion or answer to the question. You must be creative. You can equally contribute to learning through your own ideas. Keep in mind that your opinions count. With the work done, you can add endnotes and cite references to your work.Anthropology papers ought to be pleasing, attractive and convincing to any reader when read. Thus carefully read out the work to yourself or get someone to read the work to see if it is appealing. His remarks may amount to some amendments that could make your document pleasing and attractive to any reader.