Recruitment Strategy and Job Offer Process Essay Example for Free

Recruitment Strategy and Job Offer Process Essay Organizations such as education, business and engineering all use diverse recruitment techniques as their operations transform and the demand for employees vary, based on the direction in which the organization is headed. This paper will study in detail business establishments and how they use their recruitment strategy to fill job vacancies. In addition, the paper will select and/or suggest which would be the best recruitment strategy to achieve the goal of drawing qualified personnel from within this industry. Finally, this paper will detail the process to be used in offering a job to an applicant. The first phase of recruitment is deciding on the need for personnel to fill current or future job openings. In business establishments, it is essential for a company to recognize whether an open or targeted recruitment strategy is effective, and to understand which one will succeed in meeting the company’s requirements. If there is no urgency in finding suitable candidates for the position, then a better option would be an open recruitment policy (Mesmer, 1999). For instance, if a company has to fill more than 35 vacancies, the only real option for it is to choose an open recruitment policy. The open recruitment policy helps in attracting a number of applicants including an assorted group of people (Heinemann Judge, 2009). In this way, the organization can obtain pools of potential employees with differing standards of knowledge, skills, aptitudes other characteristics (KSAOs) from which they can select to fill vacancies. â€Å"If a business is required to recruit as many people as possible within a limited period, a sizeable applicant pool often supplies a company with a good number of personnel to fill vacancies† (â€Å"Recruiting practices,†1995). Hiring via newspaper, television, job fairs, radio and media channels will attract numerous candidates needed to fill several vacancies in businesses. The possibility of skimming a broad applicant pool reduces the company’s ability to appraise every application, resulting in triggering high future attrition rates (Soberg Bennington, 2009). Employing the open recruitment policy will not initiate a candidate pool with specific skills or experience levels as witnessed with the targeted recruitment policy. However, when organizational requirements demand specific skills, education, or experience levels, a business will adopt a targeted recruitment policy. Positive action also calls for a company to target a particular segment of the labor force like minority groups (Heneman Judge, 2006). After identifying a specific target, a business may take the help of a talent management team equipped to win over a predetermined sort of applicant (â€Å"CTS strengthens†, 2010). For instance, a company in need of a web designer may advertise available job positions online rather than via the radio or other media channels. With technological advances, the Internet is fast becoming a cost-effect means of hiring, with advertising targeted at specific group of candidates. For a company on the lookout for a certain type of applicant, the target recruitment policy is the best method to use. With the evolving of businesses, organizations should use ingenious recruitment strategies to surface from the conventional â€Å"talent pools† which as Kemsley states are approached with caution and suspicion for assistance (2009). Businesses are becoming very choosy in their hiring methods when recruiting in the present economic scenario. They are recruiting based on business requirements; for instance, an accounting firm which is considering future job vacancies, may approach local educational institutions and target college students who are enrolled currently as accounting majors. The accounting firm then can target specific sub-groups within that group by seeking students with a specific GPA grade point average, thus making certain that the company can hire new recruits with the requisite job qualifications. â€Å"In the same way, a business specializing in health care can adopt a recruitment strategy targeting personnel in the healthcare sector, thereby guaranteeing the solicitation of candidates with healthcare experience† (â€Å"Online health,† 2000). For some business establishments, limiting their options to a single recruitment strategy is bad. When a business does not have a recruitment deadline, the organization can gain from a good blend of open targeted recruitment policies. For most businesses, using an open recruitment policy enables the company to fill vacancies which are not key positions like support staff. When organizational needs demand a highly qualified, trained, or experienced person, then it’s advantageous to use t he target recruitment policy. The subsequent phase of recruitment after the interview selection process is the job offer. Developing and extending a job offer can either be a simple task or a risky endeavor. If the business demands that numerous vacancies should be filled without any delay, the employment offer process is quite simple and the company faces no real risks. With a sizeable applicant pool, a company can extend basic job offers with minimal emphasis on bonus payments or incentives. However, where a business needs specialized skills, the business should know what the competition is offering employees with similar skills set. The greater the demands a company places on applicant qualifications, the more specialized are the job qualifications and the greater the risk involved in the employment offer process. When trying to lure a competitor’s employee, the company should be willing to provide what best fits such an employee’s requirements with no promise of long-term gains for the organization. If the receiver is undecided about accepting the employment offer, the company should decide if it’s willing to significantly change the employment offer in such a way that the receiver cannot turn it down. Finalizing the employment offer demands seeing all aspects of incentives/benefits verbally offered are properly documented. Moreover, the business must make certain that the job offer is not in violation of any federal or state laws. In business industries, limiting recruiting options to a single strategy is not beneficial; however, if a business has no recruitment deadlines, it can benefit greatly from using a mix of open targeted recruitment policies. For most organizations, using an open recruitment policy enables them to fill job vacancies which are not key positions like support staff. Where an organization requires candidates with specialized skills or higher education or greater experience, then it’s profitable to use the target recruitment policy. Recognizing the differences in these two strategies enables a business to avail of the optimum recruitment strategy to meet the organizational requirements prevailing at that time. References CTS strengthen recruiting efforts with talent coordination teams. (2010, July 3). Health Wellness Resource Center Alternative Health Module. Kemsley, N. (2009). Employee-centric markets: A different direction. People and Strategy. New York: 2009. Vol. 32(3), p. 14. Heneman, G. H., Judge, A. T. (2006). Staffing Organizations (6th ed.). New York: McGraw-Hill. Messmer, M. (1999, September). Developing a strategic staffing plan. National Public Accountant, 44(7), 20. Online health care recruiting company makes debut. (2000, July 3). The Enterprise, p. 7. Soberg, A., Bennington, A. (2009). Workforce planning: implications for healthcare in Canada and elsewhere. People and Strategy. New York: 2009, 32(3), 26. Recruiting practices changing. (1995, November). Physician Executive, 21(11), 4.

Ex-Convict Discrimination in Singapore

Ex-Convict Discrimination in Singapore After leaving the physical incarceration, ex-offenders find themselves entering into the second prison, where they have to tear down the invisible walls formed by the social stigma, the fear and distrust from the society (Youth Reloaded, 2005). Because mindset and attitudes are difficult to change, they often find difficulties in integrating back to the society. If the situation does not improve, inequality will continue to exist in the society. We should then implement pragmatic solutions to alleviate the discrimination against them. The Issues and Who Are Involved Ex-offenders are those who have finished serving their prison term or those with a criminal record or history (Guralnik, 1970). Every year in Singapore, around 11,000 ex-convicts are released back to the society (Singapore Prison Service). The employment statistics is one of the key indicators on the ability of these ex-offenders to reintegrate successfully in the society. Industrial Services Co-Operative Society (ISCOS) has helped 3,000 ex-offenders to find jobs so far (938Live, 2010). 81 percent of those who got a job stayed on for 3 months (Singapore Corporation of Rehabilitative Enterprises, 2008). In this essay, I seek to discuss on the causes, implications, and propose solutions on discrimination against ex-offenders. Support programmes such as the Yellow Ribbon Project (YRP) and organisations such as SCORE exist and it is important that we evaluate the effectiveness of these organisations in helping ex-offenders to reintegrate into the society. In my opinion, isolating other effects, the re-integration rate will therefore serves as an indication of the level of discrimination against these ex-offenders. The little interaction between the public and ex-inmates is a result of feeling of unequal treatments and stereotyping. The public treats ex-offenders unfairly as they feel that they should compensate for their wrongdoing. Ex-offenders themselves are also aware of the prejudice against them. Some resigned this to their fate and ended up avoid opening up to the society. It is therefore important that we recognize the existence of such issues and raise awareness to reduce the degree of discrimination and to assist these ex-offenders. Firstly, most of the offenders have tattoos on their body, which signifies status, power and belonging to a certain group. Because of stereotyping, we tend to group those who have tattoos as those who have committed crimes. Out of fear and concerns of being associated with these people, we reacted by standing far away. What we failed to recognise is that how we interpret the information we obtained affects our judgement. These tattoos could have been due to a moment of folly during their adolescent stage. On an organisational level, some employers are still unwilling to hire ex-offenders, because they believe that leopards can never change its spots. It is heartening to see the number of ex-offenders being employed have increased with the years but we cannot guarantee that they have been given equal rights as the others. For example, at least 30 employees at the Marina Bay Sands and Resorts World Sentosa had to leave their job because all of them failed the Casino Regulatory Authority (CRA)s background checks. Failure to disclose was taken to assess the applicants integrity, honesty and character (Lim Lim, 2010). There is no difference on whether if those with criminal records declared or not, they still had their contracts terminated anyway. Does the criminal history necessarily the best and only predictors for future performance? Do we judge those have continuously erred and condemn that they do not deserve the chance to repent? In addition, job applicants are required to declare that if they have been convicted in a court in any country before. Because this is usually a one-liner question, ex-offenders applications can be filtered out without considering the seriousness of the offences or even the recidivism rate of the offender (Youth Reloaded, 2005). This may provide an opportunity for employers to screen out ex-offenders and justify if there any inappropriate acts in the company in future (Coble-Krings,2007).Being desperate, these applicants may lie about their background and will be marked down further for dishonesty. Moving up to legislation, the Registration to Criminals Act was amended in 2005, to allow the ex-offenders to mark their records as spent, meaning that there is no need to discuss the existence of the records in most cases, if the offences committed are minor and they were crime-free for five years (Attorney-Generals Chambers, 2005). This means that those with serious offences such as sentences imposed include imprisonment term of more than 3 months or a fine exceeding $200,000, are not allowed to do so, thus, the implementation of the policy is unfair as it deprives those with a serious offence a chance to start anew. Comparing with United States, the treatments of ex-offenders in Singapore are, in my opinion, much better. In the United States, the ex-offenders were not allowed to apply for employment licenses or work in organisations dealing with those that needs more attention, such as elderly and children (Love, 2006). Why is it important for us to talk about it? The society plays a significant role in the reintegration of the ex-offenders. Ex-offenders, no matter what mistakes they made, are still part of us and are assets to the society. However, despite their willingness to start to from ground zero, we shun away and discriminate them. High unemployment is linked to increase in rate of recidivism (Finn, 1998).Therefore, when they are unable to secure a job, the path of recidivism seems easier and they will revert back to their old ways to survive. This remains risky although the recidivism rate in Singapore has remained at 25 % since 2006 (Singapore Prison Service, 2009). Where can we start to fix the problem? No steady source of income means ex-offenders and their families may not be able to afford basic necessities for survival and cannot move away from their social class. Those families that grew desperate may resort to crimes to get what they wanted. Thus, it is difficult for ex-offenders to live a better life when they are not given the same opportunities. The vicious cycle continues as their future generations may follow the footsteps of the older generations. To reduce and even eliminate the stereotypes, prejudice and discrimination against these ex-offenders, it is important that we find out the root causes of this issue and implement various programmes and activities to encourage active participation as increased interaction may improve the perspective of the public towards ex-offenders. To begin with, organizations should organize more activities to provide both the public and ex-offenders an opportunity to interact. Such activities may be visit to the prisons and / or halfway houses, outdoor and indoor activities, community service projects or even, encourage ex-offenders to participate in existing events such as Yellow Ribbon Prison Run. Through interaction, we develop bonds and trust and these may change the perspective of the public towards them and therefore reduce the extent of discrimination. Many ex-offenders have low self-esteem and are afraid of rejection. Therefore, we should involve the ex-offenders in the planning and executing of events in the community. These events provide an opportunity for the ex- inmates to showcase their talents in various areas. Also, besides the technical skills acquired from the support programmes, the programmes should also focus on soft skills such as interpersonal skills. These ex-convicts should also learn more about resume writing and interview skills, as these will help them to market themselves well. As mentioned above, employers often do not want to give ex-offenders a second chance. Non-acceptance has killed the only hope that these ex-offenders have to reintegrate into the society. Currently, we have campaigns such as Help To Unlock The Second Prison (Yellow Ribbon Project), which focuses on the role that society plays. However, I feel that the campaigns should also focus on the ability and skills that these ex-offenders have to contribute. We have job seminars from SCORE and ISCOS, but to enhance the public confidence in them, we can consider cooperating with companies to provide these ex-offenders transitional jobs as probationers (Fahey, Roberts Engel, 2006) to start them off for several years so that they have relevant working experience, instead of merely skills acquiring in the rehabilitative programmes. After the transition period, these organizations can also help to recommend the employees to other companies. We should further improve on the interview question so that it allows the ex-offender to declare that they have convicted for which offences and also the year of conviction. Company can now decide if these offences are detrimental to the interests of the stakeholders. The company will suffer the heaviest losses if the ex-offenders cause any troubles. Also, the job applicants gain from this as the employers are practising selective screening rather than a total elimination. There are also calls to ban the declaration box so that past criminal record will not affect employment. (Henry Jacobs, 2007). However, I feel that the employers are right to protect their interests and the ex-offenders should be honest and convince the employers on their efforts to stay out of crime. I acknowledge that the amendment to the Registration of Criminals Act is a good move to redress discrimination. However, I feel that this should be made applicable to all ex-offenders, retaining the five years crime-free period, but instead of disqualifying serious offenders, their time-frame could be extended up to 10 years. If the solutions proposed above are being implemented on a long-term basis, the mindset of the public may change and be more accepting towards ex-offenders and the Singapore will move towards as a progressive society as a whole.

Introduction to Statutory Interpretation

Introduction to Statutory Interpretation Statutory Interpretation Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. The legal system of a common law states that, it is a partiality to handle likewise facts or matters distinctively on a distinctive occasions. Literal Rule: Is a rule that is frequently utilized by orthodox Judges. Hence, the Literal Rule is an obligational project given to the court to give a literal meaning to a statutes irrespective of the outcome of being sensitive or not. Golden Rule: Also known as the British rule is applied when a literal rule develop a solution that is different from the parliament intension. It is used when literal rule turns out to absurdity. Mischief Rule: Is the process of discovering the meaning of what parliament meant by a certain statutes Table of Contents. Introduction of statutory interpretation†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.4 Extrinsic aids to statutory interpretations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P.4 Interpretation acts†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P. 5 Common law†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P.5 The three basic rules in statutory interpretations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦P. 6 Literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P. 6 Advantages of literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.6 Disadvantages of literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P. 6 Malaysian cases using the literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.7 English cases using the literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p. 8 The golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p. 9 Advantages of the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P. 9 Disadvantages of the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.9 Malaysian cases using the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p. 9 English cases using the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p 10 The mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p 12 Advantages of the mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p 12 Disadvantages of the mischief rule †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p. 12 Malaysian cases using the mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P 13 English cases using the mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p 14 Conclusions †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p 15 References †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p 16 Appendices†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p. 17 Introduction of Statutory Interpretation. A Statutory Interpretation is best described as the capability of a court or Judges to translate the Acts of Parliament. It is a means of giving an explanation to the meaning of a piece of legislation. In other words, the means of utilizing statutory laws where by Judges tried to discover the purpose of parliament putting laws in action is also known as Statutory Interpretation. A statute might be clearly revealed in terms of meaning but they are mostly made up of ambiguities and vague words which are expected to be settled by the judges. According to Lord Hailsham, a senior English Judge, â€Å"probably 9 out of 10 cases heard by the Court of Appeal and the House of Lords turn upon or involve the meaning of words contained in statute or secondarylegislation†. This means that many cases go to appeal at a point of interpretation. Also, cases go to appeal at a point of interpretation because, laws are NOT â€Å"drafted in general terms†. Laws are supposed to be drafted in general terms and should be conducted with both present and future situations. Extrinsic Aids to Statutory Interpretation Extrinsic aids are useful information data’s which are not part of a statutes but are helpful to Judges in other to create more understanding on the statute. They are materials which make a statute more visible for interpretation. Parliamentary debates are on one of the types of extrinsic material used. There is a government team with two people. The first one would be the political party introducing the Act of parliament and the second would be the opposition’s team also with two members. It is the government’s job uphold or supports the topic of the debates or also called the motion. The government team will discuss a problem and has a specific proposal for a change concerning that problems for seven minutes. It is a difficult task for opposition teams to play ‘devil’s advocate’ so to speak the opposition the team tries to find imperfection in the government’s arguments for eight minutes. Then the government team responds to the oppositions arguments trying to make firm their own position for eight minutes. The opposition teams moves in the same manner for eight minutes. The opposition reach a conclusion with a rebuttal speech. Conclusively, the government will then w ith their own rebuttal speech. Furthermore, Notes of the legislation: Both the parliament and legislative Assemblies have the power to enact laws according to their respective centers. A law that is established or introduced by a state Assembly will only affect the state. A law which is enacted by the parliament can be extended to the whole nation. Also, an organization which aim on the systematic development, review, and reform laws acted in a specific jurisdiction is known as a Law Reform Commission. Conclusively, a document which is printed or issued at a time with a bill is known as an explanatory memorandum. The main objective of that document is to give meaning to the aims and operations of the statutes in the statutory interpretation. Interpretation Act: Interpretation Act state that, in any Act, without the purpose appearing to be opposite, expressions selected to be in Schedule 1 of an Act most be interpreted in accordance with that Schedule. Common Law: Common Law or Case Law is a law originated or formulated by judges with the aid of conclusions of a court and likewise tribunals, as fought to a statutes which follow the aid of a legislative process published by the executive branch. Common law help to draw matters into conclusion where two or more groups disagree with a certain law by looking forward into past case laws that are applicable. The Three Basic Rules in Statutory Interpretation. The three basic rules enforced for statutory interpretation by judges in England, are: The literal rule The Golden rule and The Mischief rule. The Literal Rule: The literal rule is made up of both the ordinary and the plain meaning rules. A literal rule is a rule that is frequently utilized by orthodox Judges. Orthodox Judges are the Judges whom think or believe that their constitutional role is limited to apply a law enacted by the parliament. Hence, the Literal Rule is an obligational project given to the court to give a literal meaning to a statutes irrespective of the outcome of being sensitive or not. Advantages of Literal Rule. The characteristics of the literal rule is that law must be equally certain and knowable. The rule demands that citizens are to be notified earlier about the legal effects behind a statutes. The selected Parliament should be the one to enact a new law as well as to secure the will of the elected legislators. Disadvantages of Literal Rule. During language interpretation, statutes which were having clear meaning can have more than one meaning. Words or phrases in a statutes are reasonably open to different meaning. Example, 12:00 might either be AM or PM. No matter how absurd the component of a statutes or an Act may be, one must comply with it. Malaysia case using Literal Rule: HOYA HOLDING SDN. BHD. V. CHIA THIN HING ANOR HIGH COURT MALAYA, TAIPING DATO’ HJ. ABDUL MALIK B. HJ. ISHAK J. Contract: Sale and purchase agreement of a dwelling apartment. Conditions of agreement: Connections of Electricity and water supply to the apartment. Delivery of vacant possession of house to the purchaser. In this case there was a dispute with regards to clause 20 of the sale and purchase agreements dated 1st August 1919 Clause 20 of the standard sale and purchase agreement reads as follows; 20(1). This building should be completed by the vendor along with connections of water and electricity supply together with the vacant possessions, all must be handed over to the purchaser within two years interval regard the date of this written agreement. Furthermore, if the vendor happens not to comply with this agreement as said, with the necessary requirements. He must pay immediately to the purchaser liquidated damages day after day with an interest rate of 10% annually of the purchased amount. Judgment. Dato’ Hj. Abdul Malik b. Hj. Ishak J: An urgent request which opposed the opinion of the learned Magistrate Court, Taiping Perak where by the appellant were commanded to pay RM1, 431.51 together with 8% annual interest from May 26, 1993 until a contentment period of the respondent. English (UK) case using Literal Rule: FISHER v. BELL QUEENS BENCH DIVISION. Hearing date: 10, Nov 1960. Headnote: A man that own a shop displayed a knife by the window of his shop with a price ticket behind it. He was charged for sale of a flick knife, which is contrary to s. 1(1). Held: According to the meaning of s.1(1) of the Act 1959, the shopkeeper was not guilty of what he was charged. This is because demonstrating a flick knife at the shop is an invitation to treat and not for sale. JUDGMENT BY-1: LORD PARKER, C.J. A chief inspector of police charged against a respondent that he unlawfully offer for sale a knife which is, contrary to s.1 of the Restriction of Offensive Weapons Act, 1959. Lord Parker C.J. anyone, who; manufacture, sell, hire, lends or give to another person a knife that has blade which automatically opens by the pressure applied to a button or springs shall be guilty. The Golden Rule: The golden rule which is also known as the British rule is applied when a literal rule develop a solution that is different from the parliament intension or that avoid the parliament intension instead. The golden rule is exceptional to the literal rule because it is used when literal rule turns out to absurdity in other to alter the grammatical and ordinary senses. Advantages of the Golden Rule. Golden rule honors parliament decision. It always permit Judges to select the most accurate meaning among many in a statutes. It supply sensible conclusions on cases which the literal rule cannot handle. Disadvantages of the Golden Rule. The rule has no guidelines that governs it. It is not widely known, hence it used on rare cases/occasion A Judge might found a statute in absurdity but it might not be for another Judge. Malaysia case using Golden Rule: Re An Advocate [1964] MLJ 1 Facts: The accused is a recommended advocate in the state of Sarawak who happened to go to Kuching for his normal activities. He took along with himself female clothes in which he did make his advertisement. He used his own name and also his hotel room to help upgrade the company business. He could be struck out from the role of advocates if his conduct fell within the section 12(g) of the Advocate Ordinance or suspended. This is so because; the section 12(g) of Advocate Ordinance of Sarawak says anyone who by any means suspended or ruled out from practicing the advocate role by any judge in respect of the law binding the section 12(g) of the Advocate Ordinance. English (UK) case using the Golden Rule: COURT OF APPEALS OF MISSISSIPPI. Karen Elissa Pearson Gray, Appellant v. Doyle Gene Pearson, Appellee. Karen Gray appeals a judgment on her former husband’s petition to modify child support and her counter for contempt. Facts Benji and Michael Pearson were born into the family of Doyle Pearson by Karen Pearson during their marital union. Benji and Michael were twelve (12) and six (6) years of age respectively when the both parents divorced. The court dictated that Doyle should pay a child supports for his children and prescribed him to pay Benji college fees as well. He was ordered to pay $800 per month for the child supports. When Benji turned 21 during his college education, Doyle stopped to pay his college fees because he assumed Benji is no longer a child. He only continues with the child support fees and shortly three months after his 21st birthday, Doyle reduced the child support amount to $400 as advised by his attorney. In addition, he paid NO child support from February 2000 to June 2000. Karen then, counter-petitioned to alleged Doyle that he lack respect for his failure to pay child support in respect of his modification petition. Furthermore, Doyle fails to pay Benji’s college fees and also fails to abide with the terms of the divorce agreement. According to the Chancellor, after trial, Doyle was not caused by law to pay $800 for the child support continuously forever. Hence the amount of the child support was cut down from $800 to $600 to be effective from the date of Benji’s 21st birthday. The chancellor also said, Doyle was contempt to have reduced the child support amount from $800 $400. The Mischief Rule The process of discovering the meaning of what parliament meant by a certain statutes is known as Mischief Rule. In other words, it is a nature or a related method of translating a statutes in order to discover the wrongs, mischief to which the stature endeavored to amend. In addition, it demands the adoption of interpretation that is made to correct the weakness or defect of an Acts passed in law. Steps to Interpret a Statute in Mischief Rule: Consider what the law was before the Act was passed Identify what was wrong with that law Decide how Parliament intended to improve the law through the statute in question Apply that finding to the case before the court Advantages of the Mischief Rule. Mischief encourage flexibility in the law It prevent absurdity and unfair outcome. It brought development to the society. Disadvantages of the Mischief Rule. It only allow Judges to re-write statutes that is supported by the parliament. It cannot be remedied else, the mischief if detected. It never preserve Parliament supremacy. Malaysia case using Mischief Rule: Lim Moh Joo v. P.P [1970] 2 MLJ 113 Criminal Appeal Decide – date- 1 16th May, 1970†¦ Wan Suleiman J. Catch Words: Criminal Law and Procedure – Medical report of alleged assault. Medical reports were presented before the court without prove and on the absent of the laboratory specialist who conducted the test. In addition, the defendant were to be given a copy of the medical report for not less than 10 days before the trial day in respect to the Criminal Procedure Code (Cap6), ss 380 and 399. Headnote The complainant produced two medical evidence against the appellant without prove and without the consultant who conducted the medical report. The appellant do not have a copy of the medical certificate that he was accused of till the day of the trail. Held: According the law binding the Criminal Procedure Code (Cap. 6), a public prosecutor must deliver a copy of evidence or legal report to the accused not less than 10 clear days before the trial day. As long as such provision were not made, the reports or evidence are made not to be admitted. Hence the order binding the accused must be squashed. English (UK) case using Mischief Rule: SMITH V HUGHES Legal Citation Smith v Hughes, (1871) LR 6 QB 597 (Queen’s Bench Division) Facts: A complainant where to sell oats/food grains to a suspect with samples to show a try out. The suspect then examine the sample and rewrite to the complainant by accepting the oats at a cost of 34s per quarter. Thereafter, the suspect rejected the oats on reaching him with reason being that he were expecting old oats but the once he received were new. The suspect also complained about the cost price which is too high after reaching agreement with the complainant because he discovered that they were new oats, hence there came a fight in respect of their agreement because there is a bridge of contract. Judgment: Order from the Queen’s Bench Division specified that both parties have communicated the nature of the oats before making transactions. In addition, they have agreed to the terms and conditions that governs the sales and purchase of the oats. The suspect thought they were old but the complainant knew they were new. Hence, the fault is from the suspect because of his inability to know the age of the oats he purchased. Conclusion: Conclusively, the term statutory interpretation is a method which judges use to translate the Acts of Parliament. In other words, the means in which judges utilize statutory laws is also known as statutory interpretation. A statute might be straightforward in terms of meaning but they are mostly made up vague words which are expected to be interpreted by the judges. Additionally, many cases go to appeal at the point of interpretation. There are three basic rules generally enforced for statutory interpretations such as; Literal, Golden and Mischief Rules. Reference: Translegal.com, (2014). The rules of statutory interpretation (2). Home.loxfordlaw.co.uk, (2014). Notes on Statutory Interpretations A-Level Law Revision Exam Help by D.Hussain Publications. Scribd.com, (2014). LIM MOH JOO. Hba.org.my, (2014). HOYA HOLDING SDN. BHD. V. CHIA THIN HING ANOR. Casebrief.me, (2014). Smith v Hughes | Case Brief Summary. Sixthformlaw.info, (2014). Fisher v Bell. Golden-rule-law.blogspot.com, (2014). The Golden Rule: Advantages And Disadvantages Of The Golden Rule. Appendices Statutory interpretation > 2,4,15 Extrinsic > 4, 5 Interpretation Acts > 5 Common law > 2, 5 Literal rule > 2, 6, 15 Advantages and Disadvantages of literal rule > 6 Malaysia cases using the literal rule > 7, 8 English cases using the literal rule > 8 Golden rule > 2, 9, 15 Advantages and Disadvantages of golden rule > 9 Malaysia cases using the golden rule > 9, 10 English cases using the golden rule > 10, 11 Mischief rule > 2, 12, 15 Advantages and Disadvantages of golden rule > 12 Malaysia cases using the mischief rule > 13 English cases using the mischief rule > 13, 14

A Mans Nightmare Essay -- Character Analysis, Swift, Celia

Jonathan Swift’s poem, â€Å"A Lady’s Dressing Room,† represents a man’s love for a woman as the author, Strephon, and audience explore the happenings inside a woman’s bedroom. Like many other men, Strephon is an obsessed lover whose vision of women is distorted by eighteenth century radical ideals of love and beauty. While the poem is a satire, Swift tries to establish that love is blind and presents that love is only based on beauty of women. By introducing an idealistic lover into a realistic environment, he examines the disturbing end results as Celia falls from her godlike state. As she is humanized, Swift successfully demolishes the ridiculous fantasies of love and beauty, and men are also able to see more clearly behind the clothing and make-up. In â€Å"A Lady’s Dressing Room,† Swift exposes the contradiction between idealized love created by eighteenth century society and reality, as he forces Strephon see past Celia’s faà §ade by investigating Celia’s dressing room and discovering traumatizing facts as well as disillusioning him with the help of Swift’s vivid description. Swift represents love as impractical and unnatural in his satire in order to mock eighteenth century society because of their obsession with love and beauty. Initially, Swift begins by referring to Celia as a â€Å"goddess from her chamber†¦Ã¢â‚¬  (ln 1) in order to mock the glorification women tend to receive from men. Also, Celia spends â€Å"five hours†¦in dressing† (ln 2-3). He attacks and ridicules the idealizations of love and beauty because women were seen as gorgeous goddesses and their beaus idolize them to no end. Women also spend an inordinate amount of time attempting to make themselves beautiful and well dressed, but they actually spend little time trying to conceal t... ..., Swift only attempts to demolish the romantic ideals of women and beauty produced from the eighteenth century society. He wants to reveal the reality that mankind is imperfect and love only blinds these blemishes. And, the only way to illustrate reality to the public is to reduce women to most simple yet repulsive bodily functions that equalize both men and women. As society places more prominence on idealized love, Swift criticizes these false idealizations and exposes the truth to the public through his poetic satire. According to Swift, eighteenth century love is more of an infatuation with women and beauty as both tend to obsess over first impressions of appearances. As proved by Strephon invading Celia’s room, Jonathan Swift only further emphasizes that love is not solely based upon physical appearances because even looks, most especially, can be deceiving.

Civilian Conservation Corps and the Great Depression Essay -- American

Civilian Conservation Corps and the Great Depression â€Å" Our greatest task is to put people to work. This is no unsolvable problem if we face it wisely and courageously. It can be accomplished in part by direct recruiting by the government itself, treating the task as we would threat the emergency of war, but at the same time, through this employment, accomplishing greatly needed projects to stimulate and recognize the use of our national resources.† Franklin D. Roosevelt March 4, 1933 Franklin Delano Roosevelt indeed turned the lives of many young male Americans around. During a time when our economy was in the greatest depression in U.S. history, he gave them hope and a light at the end of the tunnel by providing them with a more stable lifestyle than was available anywhere else. Many people lost their jobs as factories and businesses closed, and the job opportunities for male youths were nonexistent. At first, people believed it was a disgrace to accept public assistance, but the Great Depression changed that attitude. Both public and private programs tried to help those who had no money. The Civilian Conservation Corps (CCC) may be one of the greatest contributions to American citizens during this time of need. The Civilian Conservation Corps was created by President Franklin D. Roosevelt to create jobs after the depression. In 1932, as governor of New York, he introduced the idea of using 10,000 men who were on public relief to plant trees. During his 1932 Democratic Party presidential nomination acceptance speech, he proposed giving employment to a million men in forestry across the nation. The proposed CCC would take two-hundred and fifty thousand unemployed young men to work on federal and state owned lan... ... still surviving. CCC alumni have donated many of the photographs and artifacts depicting their day-to-day life and accomplishments to the Civilian Conservation Corps Museum in Grayling, MI. Roosevelt’s project truly made an impact on many American lives and helped to turn the economy around during one of our country’s lowest points. Works Cited â€Å"Civilian Conservation Corps Museum.† www.sos.state.mi.us/history/museum/museccc/index.html. Michigan Historical Center, Michigan Department of State. 26 April 2000 Moyryla, Uno B. Personal Interview. 20 April 2000. Pictorial Review: Fort Brady District, Company 3613. 1940 ed. Wetmore, MI. Rosentreter, Roger L. â€Å"Roosevelt’s Tree Army: The Civilian Conservation Corps in Michigan.† Michigan History Magazine May/June 1986: 14-23. Smith, Clyde. â€Å"Youth Needed Corps Jobs Badly.† The Daily Mining Gazette.

Development of T-DNA Essay

Question: Describe the development of T-DNA-based vector systems from the Ti plasmid and the mechanisms of their delivery into plant cells. Answer:   Tumor-inducing plasmids (Ti plasmids) are used extensively in the construction of vectors and transgenic plants (Binns and Thomashow, 1988).   Ti plasmids are ~200-kb in size, derived from Agrobacterium tumefaciens, Gram-negative phytopathogenic soil bacteria that deliver DNA and proteins to plant cells at wound sites, resulting in crown gall tumorigenesis (Chilton et al., 1977). The generation of tumors depends on the induction of a set of Ti plasmid-encoded virulence (vir) genes acting through a virA/virG regulatory system, which primarily responds to monosaccharide and phenolic levels released by wounded plants.   The transferred DNA (T-DNA) of Ti plasmids is randomly integrated into the plant nuclear genome through a process known as non-homologous recombination (NHR) (Offringa et al., 1990). T-DNA is a single-stranded DNA molecule produced by a virDl/D2-encoded site-specific endonuclease that nicks within two border sequences of 24-bp in length, flanking the T-DNA   (van Haaren et al., 1987).   After cleavage and excision, the T-DNA binds with the DNA-binding protein VirE2 and the resulting complex is transferred to the plant cell via type IV-type secretion (Zupan and Zambryski, 1995). For genetic engineering purposes, the T-DNA region is modified into a non-tumor generating DNA segment by removal of genes that encode enzymes controlling auxin and cytokinin synthesis.   Cloned genes may be inserted into the T-DNA of a Ti plasmid that will eventually be introduced into cultured plant cells, leaf discs or root slices by infection.    Genes for antibiotic resistance are also incorporated into the T-DNA to facilitate selection of transformed cells.   Transformed cells are cultured in media containing auxins and cytokinins for growth and a specific antibiotic to aid identification of transformed clones.   There are reports of successful introduction of foreign genes for disease resistance, herbicide resistance and salt tolerance into commercially important plants.   Another way of transforming plants is by immersion of whole plants in a solution containing engineered-Ti Agrobacterium (Bechtold et al. 1993). Transformation may also be performed by exposing whole plants to a solution containing Agrobacterium that is carrying engineered or wild-type Ti plasmids. The plants must be treated in such a way to allow the Agrobacterium to enter tissue, either by applying a vacuum or by treating with detergents. The Agrobacterium penetrates the floral tissue and transforms the developing ovules. Isolation of seeds from these Agrobacterium-exposed plants yields up to 2% of the seeds that are transformed with the T-DNA. This approach is very useful for molecular genetic studies, such as for characterizing DNA sequences involved in the control of gene expression, or constructing large libraries of insertional mutants. Question:   Explain why transformation of certain species has been problematical and to what extent this has been overcome. Answer:   Ti plasmids encounter compatibility problems wherein closely related plasmids exclude each other.   The repABC genes have been identified to play a major role in this incompatibility.   This problem has been overcome by a curing method (Uragi et al., 2002) which is based on three steps.   Firstly, a curing plasmid is introduced, followed by a screening for Ti-less clones by either opine utilization or hybridization by using a highly conserved region of the virulence cluster as probe, and lastly, detection and deletion of the curing plasmid. Question:   What improvements can be made to the expression systems to overcome some of the objectives of the GM technology? The transformation mechanism of Ti plasmids is so powerful that it becomes a concern on whether other crops might be accidentally modified and propagated.   Termed as â€Å"xenogenic† plants, these plants result from the insertion of laboratory-designed DNA for which no naturally evolved genetic counterpart can be found.   Such DNA segments may integrate into the plant genome causing rearrangements in the nuclear material which may later result in species differentiation.   A silencing mechanism should be constructed to the expression systems of Ti plasmids to overcome such freak accident in GM technology. References Bechtold, N., Ellis, J. and Pelletier, G. (1993):   Agrobacterium mediated gene transfer by infiltration of adult Arabidopsis thaliana plants. C. R. Acad. Sci., 316: 1194–1199. Binns, A.N. and Thomashow, M.F.,   (1988):   Cell biology of Agrobacterium infection and transformation of plants.   Annu. Rev. Microbiol.,   42:575-606. Chilton, M.D., Drummond, M.H., Merio, D.J., Sciaky, D., Montoya, A.L., Gordon, M.P. and Nester, M.P.   (1977):   Stable incorporation of plasmid DNA into higher plant cells: The molecular basis of crown gall tumorigenesis.   Cell,   11:263-271. Matzke, A. J. M. and Chilton, M-D. (1981) Site-specific insertion of gene into T-DNA of the Agrobacterium tumor-inducing plasmid: An approach to genetic engineering of higher plant cells. J. Mol. Appl. Genet. 1: 39–49. Offringa, R., De Groot, M.J.A., Haagsman, H.J., Does, M.P., van den Elzen, P.J.M. and Hooykaas, P.J.J.   (1990):   Extrachromosomal homologous recombination and gene targeting in plant cells after Agrobacterium mediated transformation.   EMBO J., 9:3077-3084. Uragi, M., Suzuki, K. and Yoshida, K.   (2002):   A novel plasmid curing method using incompatibility of plant pathogenic Ti plasmids in Agrobacterium tumefaciens.   Genes Genet. Syst.   77:1-9. van Haaren, M.J., Sedee, N.J., Schilperoort, R.A. and Hooykaas, P.J. (1987): Overdrive is a T-region transfer enhancer which stimulates T-strand production in Agrobacterium tumefaciens. Nucl. Acids Res., 15: 8983–8997. Zupan, J., Muth, T., Draper, O. and Zambryski, P. (2000). The transfer of DNA from Agrobacterium tumefaciens into plants: a feast of fundamental insights. Plant J.,   23: 11–28. Zupan, J.R. and Zambryski, P. (1995): Transfer of T-DNA from Agrobacterium to the plant cell. Plant Physiol., 107: 1041–1047.

A Deviant Act That Is Not Criminal in Nature Essay

The text gave an example of a deviant act that is not criminal in nature. What other types of deviant acts can you think of that do not violate criminal laws? Many deviant acts are acts that depart from are social norms. Every society has its basic social norms; it may vary a bit, because of so many different multi-cultural societies. Even so I can safely say that most societies have the same universal belief when it comes to social norms. Social norms are very serious if an individual commits a deviant act, the community will automatically demand punishment. In some cases the individual will be punished by the society but will not face a criminal charge by the government. Many deviant acts do not violate written laws; therefore individual cannot be charge with a criminal violation. There are so many different perspectives to social norms that makes the United State vary in what is legal and what is not. A great example is polygamy, this act is outside of our social norms, but in Nevada there is no criminal charge for plural marriage even though it is not legal in most states. Another example would be cross-dressing it is considered to be a deviant act in most parts of the world not because it is criminal in nature; but because of the act itself is outside the boundaries of our social norms. Homosexuality is also another big controversy in regards to our social norms today, it is considered to be a deviant act nevertheless it is not a criminal violation. There are many act that I would consider to be deviant acts but are not punishable by law. A disowning of a child, giving up a child up for adoption, or simply not taking responsibility for a child, that can be and should be considered deviant act with criminal punishment; unfortunately, it is not a criminal violation. Divorce can also be looked at as a deviant act in some societies because when one joins in marriage it is for the rest of their lives, there is no petitioning for a divorce; that would just be departing from our social norms. In many cases there are little things that can be considered outside the social norms like: A male with long hair, a female with no hair on her head, or a child taking a small amount of money from parents purse or wallet without his/her permission is a bad act but is not punishable by law. Here I wrote many examples I could think of that can be considered a deviant acts but them actually becoming a criminal violation is not near. Our society today is leaning away from our social norms to the point that we the people are ignoring what we were thought by our elders of what the basic social norms should be.