Court Stucture in United States Essay Example | Topics and Well Written Essays - 500 words

Court Stucture in United States - Essay Example Usually a complaint is filed in the district court which is also known as the trial court. When the case is heard and a decision is rendered one can appeal that decision within thirty days of receiving the final order of the trial court. The decision is also known as a judgment. The purpose of the appeal is to get the decision of the lower court reversed. Here, some sort of legal error must be demonstrated. Because there is no higher jurisdiction, once the court of appeals has heard the case, there is no more appellate relief to be had. This piece is strictly the court system. The rules governing the court system are set forth in the procedural codes which are creatures of statute. Every criminal case has two components. They are the actus reus and the mens rea. This assignment asks me to define only the mens rea. Mens rea is the "intent level" of a crime which must be proven to sustain a conviction of the crime. It must be met, or the prosecution has utterly failed to meet its' burden and the case must be dismissed against a defendant. These terms relate to policing and the courts. They relate to policing because it is really the police officer who initially determines what the arresting charge will be. Ultimately, the court will decide if the evidence presented will withstand a motion to dismiss the charge.

Difficulties and Challenges in Entrepreneurship

Difficulties and Challenges in Entrepreneurship Evidence suggests that small business stands a significantly higher chance of failure than a large business yet many small businesses survive and some dont. These gaps have been discovered that hinders the success of small firms in entrepreneurship, economies of scale, human capital implementation, limited resources, geographical location, and management skills. We operate in an increasingly global economy, which is highly competitive. Hence the importance of superlative management skill should be devised. It is highly crucial in ensuring that small businesses not only survive but grow in the quality of management, hence lacking key management services could limit the success of small business. The purpose of this literature review is to explain and critically analyse the work that has been reported on problems and challenges faced in entrepreneurship. Having identified these gaps I have established my topic, identifying the problem small business face in entrepreneurship. Identifying the key terms of the literature terminology is crucial as it includes the dependent variable and independent variables. RESEARCH QUESTIONS Why do small businesses encounter so many difficulties at start up point? What are the major problems influencing small firms in entrepreneurship? Is it relevant to acquire entrepreneurship skills before venturing into small business? RESEARCH OBJECTIVES To collect a variety of entrepreneurial ideas related to entrepreneurial opportunities via various techniques. To distinguish the importance of planning and give examples of how planning can surmount problems. To analyze obstacles and explain how these obstacles may impede creative thinking and generation of new ideas. INTRODUCTION According to Paula McCoy Pinderhughes, an entrepreneur is a person who visualizes or possesses a burning desire to make a change through hard work, dedication and determination, knowing that it will satisfy their ultimate personal and business objectives. To one businessman, an entrepreneur appears as a threat, an aggressive competitor, whereas to another businessman the same entrepreneur may be an ally, a source of supply, a customer, or someone who creates wealth for others, as well as finds better ways to utilize resources, reduce waste, and produce jobs others are glad to get (Hisrich Peters, 2002). The word entrepreneur is defined as a person who has possession of a new enterprise, venture or idea and assumes significant accountability for the inherent risks and the outcome. The term is originally a loanword from French and was first defined by the Irish economist Richard Cantillon. (Bill Bolton and John Thompson (2004; 14) A literature search for a suitable meaning of an entrepreneur designates that it is rather easier to explain the worth of an entrepreneur. But it is hard to accurately identify who is an entrepreneur. A number of definitions are indicated in the literature. According to an article by Mona Abdulla (2009) states that typically, entrepreneurship means a business is being created with the express goal of fetching larger through an aggressive growth schedule. Entrepreneurship is a corporate development. This is the major challenge to any new business. Consumers are cautious about trying new goods and services. Most items being purchased today is frequently based on identified brand names and using familiar purchasing patterns. Apparently, it is easier for customers to procure the items or brand that they have used. Considerably, a new business must ensure that its target market are pleased with the brand, proper marketing strategy has to be taken for consumers to embrace a new product. This problem is sensitive to the immense amount of marketing clutter that most organization encounters. Getting rid of clutter is most especially difficult for new firms with limited budgets set aside for marketing and promotion strategy. Traditional methods o f advertising and consumer promotions may not be enough to get recognized. Company leaders must be sure to deliver on promises and provide a high quality experience especially on the customers first purchase, as bad experience often lead to fall in business. THE PROBLEMS AND CHALLENGES Entrepreneurs have become one of the most active forces in the market, which is itself driving much of the worlds economic growth. This makes entrepreneurs very important from a macro-economic perspective. As the globalism of business becomes even more extensive, this impact will be felt. Entrepreneurs are already becoming a major force in developing nations and the economy worldwide. The process of redefinition is an essential component of a companys strategic renewal and therefore constitutes an important aspect of entrepreneurship (Guth and Ginsberg, 1990). It is through leadership strategies that the entrepreneur helps to facilitate the reflection of excellence (cornesky et al., 1990: 58-59; peter and Austin, 1985: 5-6) Todays entrepreneurial leader requires new people who does not depend on organizational superiority and subordinate theses contemporary leaders helps to create enhanced capacity in their people, who in turn become the steward of all organizational stakeholders (Mc lagan and Nel, 1995: 46-47) The scope of what entrepreneurship involves will continue to change and evolve, and yet there are some regular issues of how to start, finance and run a business. Companies that go internationally face the foremost challenge of integrating various types of acquaintance so that the organization as a whole can benefit (Zahra et al., 2000a). One ordinary factor for all entrepreneurs is the test of starting a business, searching for an innovative idea, passing the right prospect to venture into a business. Entirely entails organizing all the aspects so that the entrepreneur can maximise his or her goals. Most entrepreneurs also face problems financing their entrepreneurial project, as well hurdles within corporate rules. Except if one single handled the venture, getting money is a challenge that requires prepares funds proposals for loans and many more. We have so much in turn written on this phase of an entrepreneurial that implementing the very best would b e more of an advantage well as challenging. IMPLEMENTATION STAGE All said and done, passing this face ups and challenges, ordinarily one should expect to have smooth glide. Given the business has a good plan; the venture should carry on with less glitches, the execution process seems to be the real craft-or-crack point of an entrepreneurial venture. There are proposition that part of the problem is that ideal people for this process, Perhaps, there are wide varieties of skills needed at this stage, that an individual can not dwell on all of the skills. Alternatively, for entrepreneurs to be successful, identifying the key factors of their field would be very necessary, as they can easily get subcontractors who can fill the missing gaps. Perhaps looking at what different skills that can get a business started would be necessary. Such skills includes, marketing, workers, publicity, sales, communications, public relations, human resource, legal needs, government regulations, crisis management, risk management, natural disaster planning, insurance, te chnology, and the financial aspects of the organization accounts, bookkeeping, paying taxes, managing debt, and so on. One should take into consideration that without a strong technical foundation, the business cant be successful, an above all, the conceptual aspect of organization, are leadership, growth philosophy, ethics, and most importantly the exit strategy of the any organization. These are issues that we tend to overlook, yet it set the whole subject and direction that any business will take. CRITICAL CHALLENGES There are types of businesses that can be started on a small budget; one will need access to capital to fund the business, where the money comes from is less important, but the most important thing, is a need to be realistic about startup costs and being able to manage the funds well. Developing a, realistic, thorough and honest financial plan will help to avoid this mistake. New entrepreneurs often underestimate the length of time it takes for a business to become profitable and the amount of money they will need to invest in the business before its profitable. Employees responsibilities are limited to a narrow job description. According to Gupta and Govindarajan (1991), superior levels of awareness flows have serious implications for a companys control systems. Knowledge that is vital to sustaining and promoting entrepreneurship includes both expertise and market-based knowledge (Gupta and Govindarajan, 1991). However, at the start of a business, the entrepreneur becomes responsibl e for everything from exploration to development process as well as to product delivery to detailed account. This implies that there are field that will be beyond the owners area of expertise. Reckon upon the range of the business, it is possible that the organization does not have the ability to handle different responsibilities due to incompetent staff. It is important to be honest about your own limitations for the success of the company, seek out expert advice in such fields and the support of achiever in entrepreneurship. An entrepreneur does work harder for him/herself most precisely than you would ever work for any one. Building a successful business requires a large investment of your time. It will be important to schedule specific work hours. Setting goals can also help you to stay on track. To overcome these problems. It is important to remember that customers are interested in benefits as opposed to product or service features, and doing all you can do to stay on track would be the most to keep your business. JUSTIFICATION OF LITERATURE CONCLUSION How is an entrepreneur to deal with all this overload of challenges? To meet these challenges, subsidiary executives should also demonstrate higher levels of lenience for indistinctness (Gupta and Govindarajan, 1991). It is nice to know that there are resources one can count on such as, training programs, discussion groups, educational resources, professional associations, and publications to turn to for advice and support at all times.

Egyptian Art Essay -- essays research papers

Egyptian Art was once considered to be unchanged, when viewing this art as a whole. Egyptian Art seems to be repetitive pattern of images and ideas. Yet all of these images are uniquely different. Ranging from 3000b.c to 50b.c. Taking the same principles through out the entire period. Which consists of Old, Middle and New Kingdoms. Each dynasty had a different addition to the basic concepts that were established in the beginning, ideas of the artist grew faster and better. Many cultures shared from the influence of Egyptian Art. Even if it was not copied, their artwork was either compared or contrasted with that of the Greeks, Romans, Summerians, Assyrians and Persians. All in one way or another form have come in contact with Egyptian Art.   Ã‚  Ã‚  Ã‚  Ã‚  Art is different variations of expression, either self-expression or cultural. From painting, sculpture, architecture, to funeral preparations to pottery. Art is also a form of communication. Communicating ideas theories or even history. Expressing ideas that cannot be done with words. To take something that is thought to be intangible and shape and mold it into something that can be seen or touched. One culture takes another culture’s work and either copies or changes it, to fit into their views and principles. Sometimes the artwork can be viewed differently between two cultures. Yet they can have the same purpose. For example Mycenaean tomb was compared to the tombs of the New and Middle Kingdom. The tombs w...

The Arena

The Arena â€Å"We glide through darkness but the early morning kind, darkness about to lift. † It is without discussion an adventure and an experience to have a child. Mostly a feeling of great love follows. But definitely a responsibility and fear follows. The fear of being insufficient and maybe even the fear of endangering what you love the most. This is because our identity changes. In 2008 Martin Golan wrote the short story The Arena. The story is about a father and his son. The father is driving his son to the arena, where he is going on a trip with his lacrosse team by bus.The story circles around the protagonist of the story, who is the father. It is written in his point of view. The story consists of very little dialogue, which only is between him and his son. Mostly the all-knowing reader is confronted with the father’s inner dialogue as if the reader was inside his head. This and the point of view are also shown in the language of the story. It is informal a nd spoken language that is written to look like a dialect: â€Å"I spent many an afternoon at the Arena when my boy was small† (page 2, line 4-5).It has the effect that it easier to see through the father’s eyes and identify with him. This leads to a characterization of the father. Already in the first few lines you sense a strong emotional connection to his son or children in general: â€Å"The Arena somehow manages to be too cold and too hot at the same time, and my afternoons there were equally mixed, the physical discomfort eased by seeing my child dizzy with the boundless delight children take in simple games† (page 2, line 6-8). The father seems fascinated by the childish dewy-eyed way of thinking.But the most significant is that just seeing his own child happy counterbalances his physical discomfort. Now his son is a teenager and he is driving him to the arena at six a. m. on a Saturday morning. â€Å"The early weekend hour, the stillness we alone are he re to break, is like the drive to a hospital for birth, or (I cannot dwell on this) in an ambulance with an injured child† (page 2, line 22-23). Whatever the father thinks of, he always seems to connect it somehow with children – in this case the contrasting joyful and sad stage.The protagonist seems distant and in his thoughts. He is not mentally present in the car. Then he states: â€Å"Before the life I have now I had another life, with a different woman, and we also had a child, a boy named Willie† (page 2, line 37-38). But the boy beside him, the one going to the arena, is his only child. This combined with his fear of dwelling by the thought of an ambulance with an injured child raises the suspicion that Willie is dead. This suspension is slowly confirmed but mostly indirectly.The suspension evolves as the father thinks: â€Å"We attended a group for parents of children who died in preventable accidents, and everyone tried to be helpful† (page 4, lin e 122-123). He and his former wife could have prevented the death of their son Willie. It may have been their fault or they could have felt it that way. In a way it is confirmed by the fact that the father and his first wife could not stay together after what happened. â€Å"We had to part after what happened, and it wasn’t from lack of love, I promise you that† (page 3, line 57-58).The relationship was no longer an intimate connection between to people in love, â€Å"†¦ it was as if the he borders between what one expects and what happens, between one person and another, had collapsed† (page 4, line 110-111). After Willie died it was as if the father and the first wife only did what was expected, how a normal happy couple would act. He explains it as if everything they did had quotation marks around like it was acting, just a lie. They were not happy and could not stay together. They had to move on from each other, but he did not.The father has not left th e past in the past. He always dwells at the thoughts of his former life: â€Å"I had missed a turn. I do this a lot. He’s never had a father who isn’t absent-minded, who remembers where to turn on roads he’s travelled a hundred times† (page 3, line 78-79). This also indicates that the father has lived there, a New Jersey suburb, a long time. It is possible he may not even have moved after the divorce. He sometimes wakes up and questions which life he is in – the first life or the second life. You sense a longing for his former life and Willie.His second wife looks like his first wife, so much that even he himself sometimes is in doubt. On the outside his present life seems like just as big a lie as the former. But when the father and his son reach the arena, something is different. His son jumps out of the car and starts playing with his friends. This scene seems to calm the father. â€Å"†¦ It hits me as nothing has since Willie† (page 5, line 144-145). Jumping children having fun, a symbol of life that seems to assure the father that it is okay to let go. He knows he will always worry for his child but that he will stand eside him all his life and help him. The protagonist starts at one point but ends another, which indicates a chronological composition. The structure of the story is atypical. Despite the chronological composition, the story focuses mostly on the past without being flashbacks. It illustrates on of the many contrasts of the story: the past vs. the present. The most significant contrast in the story must however be the one of life and death, closely related to the past/present contrast. The father’s past, his first life, was very emotional. It starts of very happy and crammed with love.But it ends horribly and clearly leaves marks on his mind and soul. These depressing memories are brought with him into his new life that otherwise is filled with life. It is not less filled with love than th e first, but the father’s need to remake his past with a happy ending overshadows the possibilities of real happiness. The contrasts life and death, past and present are in this case deeply connected to the contrast happy vs. depressed. These contrasts show the themes of the story that are self-acknowledgement and the escape from the past.In addition is another important theme the close bond between child and parent. The most important thing in the world for the father is his child. He will protect him no matter what and prevent what happened in the past. The story is more like memoirs than fiction. During the short drive from their home to the arena the reader understand the father’s feelings and thoughts. He describes episodes of his life as different â€Å"arenas† – the most important being Willie. It may be a curious version of Giddens’ theory on creating our identity and arenas.There are many different arenas, where you have to act after which arena it is. You have to learn and create your own identity from the experience you get in these different â€Å"spaces† so you know how to act in the many social arenas we are confronted with. The combination of the title The Arena and the memoir style can have had the intention to force us, the reader, to consider our own identity and how we act in our arenas. It may be Golan’s way of explaining the importance of knowing what to let go and when to move on so that it is possible for us to act in the best possible way in our future arenas.

Compare London by William Blake and Composed Upon Westminster Bridge by William Wordsworth Essay

William Blake wrote the poem â€Å"London,† set in the 1790s in the aftermath of the French Revolution, it is also the time of the industrial revolution. London is expanding rapidly and poverty is commonplace. It is a time of great wealth existing alongside great poverty. Therefore Blake describes two categories of people. Indeed he uses the most unfortunate sections of society to demonstrate this existence. In verse three he talks about the â€Å"hapless Soldiers sigh runs in blood down palace walls.† From this quotation one would insinuate that Blake is stating the wealthy are building their luxury lifestyles of the suffering of the poor, i.e. V3 â€Å"The youthful Harlot† and V4 â€Å"The Hapless Soldier.† Etc. The diction used in this poem creates an intense mood/atmosphere of depression or suffering, â€Å"Marks of weakness, marks of woe† is used to describe what he meets as he wanders the streets of London. Importantly the repetition of â€Å"every† in the second stanza, is used to emphasise the impact poverty creates on peoples life’s. Spread throughout the entire poem are words which imply that poverty is the dominant lifestyle. V1 â€Å"Marks of weakness, marks of woe† V2 â€Å"cry, fear, ban, manacles.† V3 â€Å"Cry, blackning, appals, hapless, blood.† V4 â€Å"Curse, blasts, tear, blights, plagues.† This clever diction not only sets the mood but effectively influences the readers conclusion or interpretation of the poem. â€Å"Composed Upon Westminster Bridge† by William Wordsworth is written in the form of a sonnet. A traditional format used at that time. It is a fourteen line poem. He opens with a surprising statement, â€Å"Earth has nothing to show more fair.† As most writers at this time would have described the beauty of rural areas. His opinion of the city is the complete opposite to that of Blake’s perhaps this is due to Wordsworth viewing the city from a different perspective at a different time of day i.e. early morning. In comparison to â€Å"London† which focuses on the place and its people. â€Å"Composed Upon Westminster Bridge† concentrates on London as a s place. â€Å"Dull would he be of soul who could pass by a sight so touching in its own majesty.† Implies that a person who could pass by without noticing the â€Å"majestic† sight would be without sensitivity. The city is personified in the fourth line of the poem, â€Å"this city now doth like a garment† the personification used in conjunction with the simile of â€Å"like a garment..† makes the scene much more personal. Wordsworth lists the imposing landmarks in line six, which can distinguishes that he is relating to the wealthily side of London. The air is â€Å"smokeless† which clarifies that it is early morning, before industry begin, maybe this is why he believes that no scene from nature is as splendid as London. â€Å"Never did sun more beautifully steep, in his first splendour, valley, rock or hill. Ne`er saw I, never felt a calm so deep.† From analysing both poems it appears that the significant difference between â€Å"Composed Upon Westminster Bridge† and â€Å"London† is the deeply contrasting description about their place. Two every different opinions are presented, in every different perspectives. Perhaps Wordsworths is a misconception of the reality as he is from the north of England, and viewing London as a wealthy outsider. In the other hand Blake was from London and was not wealthy. Different opinions, different times, different lifestyles are the causes of these two exceptionally differentiating poems. The next two poems I will be comparing are â€Å"Epic† and â€Å"Shamcoduff† both were written by Patrick Kavanagh around the 1940s Kavanagh lived on a small farm in Monaghan close to the border with Armagh. He wrote his early poetry while still working on the farm. â€Å"Epic† tells of the dispute between two farmers over a part of an acre, â€Å"half a rood of rock.† The title is ironic as epic suggests that it would be a grand story involving important events, but it is actually quiet the opposite. Kavanagh compares the small dispute with the great event of Troy which started through a small row. For a time he thought the events of the outside world was more important than his personal life. He compares the â€Å"year of the Munich bother† with the situation and questions himself about â€Å"which was most important.† This suggests that he believes his own lifestyle, position in life and indeed place takes priority over the global affecting events. Kavanagh creates a personal feeling by using names of local town lands such as â€Å"Ballyrush† and â€Å"Gortin.† This creates as sense of familiarity. The concluding line â€Å"Gods make their own importance† implies that men make their own position in life. Which is what I believe he is striving to do with this poem.