Criminal Law Vs. Private Law - 905 Words

Criminal Law vs. Private Law The Rule of Law, as expressed through Canadian criminal law is important as our laws embody the basic moral values of society. The primary aims of criminal law are to protect the public and preserve peace (Barnhorst Barnhorst, 2013). Law also imposes limits on our actions and guides our choices in conduct. The conditions of the Rule of Law ensure that no individual, government or parliament is treated as above the law, and that everyone must obey the law or they must suffer the consequences. The primary reason that criminal law is necessary, rather than governing individual behaviour through private law, is because committing a criminal offence is seen as committing a crime against society as a whole rather than an individual. The protection and punishment of the offender should be proportionate to the offence committed and all Canadian courts should attempt to administer punishment to offenders using a Canada wide set of laws which are based on similar cases that occurred in the pa st, rather than private laws in order to avoid bias in different jurisdictions and areas of Canada. â€Å"Citizens of countries that do not adhere to recognize the rule of law are often unable to stand up against the government or other powerful interests without fear or attack and there are often reports of human rights violations† (The Law Society of British Columbia, 2013). A country that is not governed by the rule of law would result in laws and court proceedingsShow MoreRelatedPublic Law And Private Law1555 Words   |  7 Pagesdefinition of a law is â€Å"the whole system or set of rules made by the government of a town, state, country, etc.† In Canada, the law applies to everyone, including the government, police and anyone in a position of authority. Over the course of the unit, we have learned about many different topics in relation to Canadian Law; the 5 main topics I chose to represent in this collage are Public vs. Private Law, The Historical Sources of L aw, the ‘Triangle’, Rules vs. Laws, and Jurisdiction. Canadian Law can beRead MoreLaw As An Academic Discipline And Its Different Branches1367 Words   |  6 Pages1. Explain law as an academic discipline and its different branches Through state-sanctioned mechanisms and institutions, a system of rules and regulations are created, interpreted, and enforced. The legal discipline studies this system and uses it as a primary social mediator between people. The field of law encompasses a broad range of academic disciplines including but not limited to criminal law, education law, employment and labor law, international law, civil rights, etc. 2. Explain theRead MoreRoles and Responsibilities of Public Policing vs. Private Security1652 Words   |  7 PagesRoles and Responsibilities of Public Policing vs. Private Security ASJ-502 February 6, 2012 Abstract This paper explores the similarities and differences of public police and private security throughout history. How the criminal justice system and public police and private security are linked to each other. The essential policies that have been developed and how these police have assisted in the cooperation between police and private security. Finally, the need for a comprehensive securityRead MoreThe Difference Between Private and Public Law Systems in the O.J. Simpson Trial735 Words   |  3 Pagessomeone be acquitted in criminal court and later found liable for the tort of wrongful death? What are the key differences between private and public law systems? Let us start by answering the question about the differences between public and private law. There are several critical distinctions between  public law and  private law. The main one is that public law protects society as a whole and private law governs interactions between individuals or groups. Furthermore, public law is typically determinedRead MoreReflection On The And Procedural Law815 Words   |  4 PagesVega, Racquel Butler LAW/421 September 29, 2015 Michele Riley Weekly Reflection Team â€Å"A† very much enjoyed its learning experience in Week One of Law/421, and delved further into understanding the differences between substantive law, procedural law, criminal law, civil law, common law, and statutory law. In addition, Team â€Å"A† researched U.S. Constitution amendments that were implemented to protect the rights of businesses and organizations. Substantive Law vs. Procedural Law According to MelvinRead MorePrivate And Public Criminal Investigation1308 Words   |  6 PagesPrivate and Public Criminal Investigation Comparison Paper Police officers are public officials that have a legal and ethical duty to members of the public including the suspect in a criminal investigation. Private security investigators are hired by a business or organization and are not held to the high legal and ethical standard faced by the police but they also do not have the same power of discretion. Law enforcement is responsible for investigating crimes that occur within their jurisdictionRead MoreClassification Of Law And Law912 Words   |  4 PagesClassifications of Law Everything that a person does is governed by a set of rules that are followed. There are rules for sports, the workplace, and games. There are also rules imposed by morality and custom that play an important role in telling people what is right and what is wrong. However, some rules impose are called laws. In this paper analysis, the classifications of laws will be discussed and how it relates to the biblical concept of justice. The classifications of laws include: public versusRead MoreIntent of the Framers1628 Words   |  7 PagesIntent of the Framers In this paper I will describe the original intent of the freedom of speech, freedom of religion, right to privacy, and criminals’ rights. I will explain current views of the provisions of freedom of speech, freedom of religion, right to privacy, and criminals’ rights. I will assess which events and opinions have changed the intent of each of these provisions over time. I will evaluate the effects of Supreme Court decisions related to these provisions and express considerationRead MoreRelationship Between Public and Private Police1028 Words   |  5 PagesRelationship between Private and Public Police The relationship between public and private police has always been a one that is on the outskirts of each other. There is a thin line between what a private officer can and cannot do when it comes to enforcing the laws and rules on a property, there comes a point where they need the assistance of public officers who have the training and legal authority to handle a certain individual or situation. Although many of the individuals in the private sector haveRead MoreExclusionary Rule vs. Private Security: A Case Study673 Words   |  3 PagesExclusionary Rule vs. Private Security The exclusionary rule is a rule that disallows the use of illegally obtained evidence in criminal trials (Exclusionary Rule). Security officers, in general, usually have the same authority as a citizen. The exclusionary rule generally does not apply to private security unless it is abusive or becomes an invasion of privacy (Chapter 7: Security and the Law). Facilities that hire private security personnel should always have clear policies on what is and

Corporate Code of Conduct Policy Essay - 1292 Words

Code of Conduct guidelines must be practical, compliable and of dynamic essence. The guidelines should encompass a reactive and proactive approach, thus should consider past experiences that touched our organization’s fiber, as to future challenges and potential risks that could be avoided or minimized if we plan ahead. Even though our Code of Conduct prefers to display a proactive envision, the truth is that we are unable to provide for every single situation that we’ll encounter while fulfilling our responsibilities. Very honestly, we believe that there is no Code of Conduct that could hold all the potential risks, issues and ethical dilemmas that may arise in an organization. Nevertheless, we also believe that is possible to keep our†¦show more content†¦Although these practices are illegal, they are not necessarily defined as criminal acts. b) Sherman Act: This legislative piece pretends to restrict dominance that could restrict competition. It has a broad application and it prohibits monopolization, as to any activity that intends to exclude a competitor. The Act declares that is illegal to perform any conspiracy to confine trades or commerce, to induce a market absolute control, as to intent to deprive market rivalry. c) Clayton Act – This legislative precept supported Sherman’s Act by providing a robust and broader spectrum. In this case it forbids price variation, rebates and discounts that would benefit only a group of clients while discriminating over others. Among other things, it proscribes the practice of having same individuals serving as directors in two (2) or more competing firms (interlocking directorates), outlawed mergers that could reduce competitions or monopolize the market and forbids exclusive dealing. Whereas doing business in a Capitalist sector, it would be misleading to believe that we carelesslyShow MoreRelatedAnalysis Of Compania De Minas Buenaventura S.a Essay1623 Words   |  7 Pages(NYSE: BVN) since 1996. Buenaventura’s Code of Business Conduct and Ethics is oriented to the Board of Directors of the company. It set some important aspects and basic behaviors that all members of the company must follow. The document is divided into 5 parts [2]. 1. Purpose, where it is established the main goal of the document. 2. Administration / Applicability / Violations, where it is established the scope and disciplinary actions of the document. 3. Policy Guidelines, part of the document whereRead Morecorporate governance1590 Words   |  7 PagesSummary: Corporate governance is an essential part of modern company operations and management , it relates to business ethics, code of conduct and system to manage a company. 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It allows the company to accomplish goals by performing business ethics and values to gain success. (McQuerrey, 2015) Kroger

Analysis of the Poem Daffodils by William Wordsworth free essay sample

The poem â€Å"Daffodils† is also known by the title â€Å"I Wandered Lonely as a Cloud†, a lyrical poem written by William Wordsworth in 1804. It was published in 1815 in Collected Poems with four stanzas. William Wordsworth is a well-known romantic poet who believed in conveying simple and creative expressions through his poems. In English literature, Wordsworth was one of the pioneers in the development of the Romantic Movement, or romanticism, a movement that championed imagination and emotions as more powerful than reason and systematic thinking. Nature was a guiding force to the romantic poet. Romanticism began in the mid-1700s as a rebellion against the principles of classicism. It promoted subjectivity, emotional effusiveness, and freedom of expression. â€Å"Daffodils† is a lyric poem focusing on the poets response to the beauty of nature. It portrays a moment on April 15, 1802, when Wordsworth and his sister Dorothy were walking near a lake at Grasmere, Cumbria County, England, and came upon  Ã‚  a shore lined with daffodils. We will write a custom essay sample on Analysis of the Poem Daffodils by William Wordsworth or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He is now looking back on how much of an impression it has had on him. The poem consists of four stanzas, each of them being a sestet. The meter is iambic tetrameter, it is very even and regular. Each stanza has a cross rhyme in the first 4 lines and then ends with a rhyming  couplet. The rhyme comes at the end of lines, it is exact and masculine. We know that the speaker is a poet because he tells us so in line 15. As we can judge by the first 2 lines, he is a typical romantic character, a lonely sensitive observer. He has a rich imagination, as he creates the image of dancing people around him out of the field with flowers. He speaks in the third person, but we know that he speaks about himself. The tone of the poem is dynamic, it changes throughout the poem. We can observe it considering the plot structure. In the exposition the poet wanders around and with the help of simile we can feel how lonely he was, as the author compares himself with a cloud, which floats over vales and hills. The use of such words as â€Å"lonely† and â€Å"wandered†, which means walking with no purpose, creates a peaceful and sad tone. The inciting incident is the moment when he sees the line of daffodils. From here the tone starts to change into a joyful one. The epithet â€Å"golden† creates a bright, sparkling image of precious flowers. Here we can see a gradation (a crowd-a host), one of the main tools which changes the tone throughout the whole poem. In the second stanza the author’s mood is rising, and the tone becomes more and more delightful. He personifies daffodils, showing them as a dancing crowd of people. He compares them to stars, using simile at the second stanza: continuous as the stars that shine†¦ It brings the idea of brightness and plurality, also symbolizing the hope the lost man found watching that scene. There’re hyperboles â€Å"never-ending line† and the one in the line Ten thousand saw I at a glance, that describe the plenty of daffodils that struck the poet. The climax happens at the 3d stanza. The author personifies waves in their dance as well, but they can’t out-do the daffodils. The peak of the author’s emotions is expressed with the help of spondee (two stressed words: be gay) and affective words glee, gay and the epithet jocund. The tone is very positive, optimistic and joyful. The falling actions are the last 2 lines of the 3d stanza: I gazed—and gazed—but little thought  What wealth the show to me had brought. The repetition and series of dashes are used here to show the strength of the author’s feelings, he was rather shocked by the scene he was observing, and he couldn’t help just standing there and admiring. Denouement comes in concluding stanza, which is devoted to the author’s recollection of that magnificent event many years after. Here the setting shifts indoors, to the speaker’s couch. The â€Å"inward eye† is a metaphor for his memory. The oxymoron â€Å"the bliss of solitude† shows his being in the state of melancholy, but he’s not unhappy about that, because the image of dancing daffodils coming to his mind makes him feel happy. The tone is calm again, but it is joyful at the same time. The poem has a light and delicate rhythm that reminds us of a dance. The image of the dance occurs in each of the four stanzas. The modifications of the metric pattern in the last line of the 1st and the 2d stanza (the meter changes into falling) make the picture more dynamic, imitating the dancing movements of the flowers. The undoubted symbol in the poem are daffodils. The daffodil is one of the official emblems of Wales, a region in the south of England. These flowers are like little yellow people who keep the speaker company when he is feeling lonely. The beauty of them can always cheer him up, and he describes them in their joyful dance. Daffodils here are the symbol of natural beauty and represent in their dance the joy and happiness of living. So, this poem is typical for the Romantic movement, as it exposes the beauty of nature and its effect on human beings.

Merck Swot Analysis Stakeholder Evaluation free essay sample

Merck and Company, Inc. : SWOT Analysis and Stakeholder Evaluation Merck and Company, Inc. , a. k. a. Merck, is a leading worldwide pharmaceutical company that engages in manufacturing and marketing medicines, animal products, vaccines, and consumer health products. As most companies, Merck desires to continue their success as one of the top health care innovators in the world. Conducting a SWOT analysis can give them insight into internal strengths and weaknesses as well as external opportunities and threats. By way of the analysis, the company can obtain a clearer understanding of where it needs to improve and grow, and anticipate future threats to react effectively. Further, this valuable information is used by managers within the organization to satisfy needs of stakeholders as well as provide investors with sound information to help make informed decisions regarding their willingness to invest in the company. Ranking as the second largest healthcare company in the world, after the merger with Schering-Plough, Merck has set the standard for what it means to be an industry leader. We will write a custom essay sample on Merck Swot Analysis Stakeholder Evaluation or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Deriving from their company website, their vision is to â€Å"make a difference in the lives of people globally through†¦innovative medicines, vaccines, and consumer health and animal products† (â€Å"The New Merck,† 2010). Merck’s mission is to create distinctive products and services that will save and improve lives and satisfy customer needs. They seek to gain recognition as possessing an exceptional working environment, and offer investors a superior rate of return (â€Å"The New Merck,† 2010). Finally, they stand for â€Å"excellence in science and healthcare innovation, with an emphasis on addressing unmet medical needs; focus[ing] on patients and anticipating customers’ needs; and commitment to expand access to [their] medicines and vaccines, and to improve global health† (â€Å"The New Merck,† 2010). A SWOT analysis is a useful tool to stay committed to the vision and mission prescribed above. This analysis evaluates an organizations strengths, weaknesses, opportunities, and threats as it pertains to a specific objective. Strengths and weaknesses are typically internal factors which are more easily fixed, whereas opportunities and threats are external factors that cannot always be anticipated (Robbins Judge, 2011, p. 183). Conducting a SWOT analysis on Merck will shed light on its position within the pharmaceutical manufacturing industry. After the merger with Schering-Plough in November 2009, Merck became the second largest drug manufacturing company in the world generating $45,987. 00 million in revenue for December 31, 2010 fiscal year, according to Business Company database. The merger also expands Merck’s product portfolio, including areas of research and development in which Merck is lacking (â€Å"Merck and Schering-Plough mega-merger will create a company greater than the sum of its parts,† 2009). Gains in sales growth will occur with its new product launches such as Cozaar and Hyzaar for cardiovascular treatment, Dulera for respiratory therapy, and Simponi as an immunology drug. In addition, Merck’s already active product line such as Januvia for diabetes, Gardasil for the human papillomavirus, and Isentress for HIV will also add to Merck’s long-term sales growth (Hoover’s Inc. 2011). According to Hoover’s Inc. in-depth analysis of Merck Co. Inc. , â€Å"The acquisition of Schering enables Merck to potentially achieve $3. 5 billion in annual cost-saving synergies by 2011† (Hoover’s Inc. , 2011). Merck has also decided to expand its market outreach to India, and hope to encompass other countrie s such as China, South Korea, Russia, Brazil, Mexico, and Turkey. By expanding to global emerging markets, Merck can expect to obtain a growth in pharmaceutical sales over the next few years (â€Å"Closing the Gap,† 2010). With an immense competitive environment success is not without its drawbacks. Merck was forced to pull their blockbuster arthritis medication, Vioxx, off the market because of its high risk to stroke or heart attack after continued use. Merck spent millions of dollars on the marketing campaign for Vioxx, which paid off in its $2. 5 billion worldwide sale, all of which is at a loss to the company now (Gorman Kher, 2004). In 2012, Merck stands to lose patents on popular asthma medication, Singulair, which accounts for 10% of the combined sales of Merck and Schering-Plough (Hoover’s Inc. 2011). Finally, competition over generic products will hurt sales for Merck’s brand named products (Hoover’s Inc. , 2011). Competition with pharmaceutical company Pfizer will create looming threats toward Merck. Pfizer recently merged with Wyeth making them largest pharmaceutical company. This merger allowed Pfizer to gain a new product line and increase sales (Marino, 2009). Merck will need to be more vigilant in creating new products; however, they also must worry about the FDA approval on new products. Finally, government regulation on product pricing can affect Merck ecause it forces them reduce prices (Hoover’s Inc. , 2011). To better meet the needs of stakeholders, the company must understand its pros and cons, and conducting the SWOT analysis sheds light on those pros and cons. Stakeholders are entitled to know what is going on within the business because choices that the business makes effects stakeholders and vice versa. For example, suppliers of an organization share a common interest in the growth and prosperity of the organization their supplying to because they stand to gain or lose business from them. Therefore, it is the responsibility of the organization to meet the needs of the suppliers by making sound business decisions to increase the growth of the organization. Merck identifies five stakeholders for which it needs to satisfy, who are customers, employees, shareholders, community and society, and suppliers. According to â€Å"Code of Conduct,† 2011, customers include patients, consumers, health care professionals, health care organizations, government agencies, wholesalers, and distributors. The wants and needs of customers are generally quality products and services, and to be treated with the integrity by having the customers best interest at heart. Information regarding products and services should be clear and informative, and by no means ambiguous. Merck maintains that â€Å"Information furnished to our customers about our products and services, including the availability and delivery, must be useful, accurate, supported by scientific evidence where relevant and presented honestly, fairly and by proper means† (â€Å"Code of Conduct,† 2011, p. 7). Merck believes in fair competition and tries to keep prices of products and services at a competitive rate. They do not believe distorting the image of their competitor products (â€Å"Code of Conduct,† 2011, p. 8). Although Merck follows a specific code of conduct, it is impossible to please every customer. The drug Vioxx had to be pulled off the market because of unforeseen side effects. Merck should have disclosed every side effect clearly to its customers as prescribed by their code of conduct; however, it did not happen in reality. Anyone who took the drug for more than 18 months had doubled the risk of stroke or heart attack. In an effort to correct their mistake, Merck pulled the drug off the market (Gormon Kher, 2004). An employees needs are fair compensation, a safe work environment, and fair treatment. Merck believes that compensation is based on the employees’ merit, experience, and other work-related criteria. They seek to gain a diverse workforce recruiting those from a variety of different backgrounds. By complying with safety and health regulations, and keeping their businesses up to code, Merck provides a safe working environment for employees. When accidents occur, they follow through with appropriate channels alleviate the situation. Merck follows an open communication policy among employees to encourage them to speak freely and voice opinions. They respect the rights of colleagues and realize employees will disagree. They wish to promote an environment open communication; however, each employee must be willing to â€Å"agree to disagree† (â€Å"Code of Conduct,† 2011, p. 16). Shareholders invest money into organizations in hopes of more valuable returns. Shareholders also have the power to make decisions within the company. Balancing the needs of shareholders and the company can be difficult. Merck makes decisions in the best interest of the company, and avoids conflicts of interest; however, shareholders are not always satisfied. For example, Merck’s decision to pull Vioxx off the market had a significant impact on shareholder investments, and also led to lawsuits against Merck further forcing them to make payouts to investors (Holland, 2009). Merck is focused on helping organizations that benefit society. Through the Merck Company Foundation, Merck â€Å"donates products and other in-kind services to qualified organizations and programs that address the needs of society†¦Ã¢â‚¬  (â€Å"Code of Conduct,† 2011, p. 27). They also believe it is their responsibility to protect the environment in any country they are in. In an effort to handle their products in the most environmentally responsible way, Merck provides their consumers with information to educate them on proper disposal methods and rules and regulations that must be abided (â€Å"Code of Conduct,† 2011, p. 28). In addition, they advocate for the welfare of animals, and plan studies that limit the amount of research conducted on animals wherever possible (â€Å"Code of Conduct,† 2011, p. 29). As a mutual fund manager, the decision on whether to invest in Merck Co. , Inc. is a difficult decision. Weighing the pros and cons from the SWOT analysis can help make decisions easier. Merck has benefited people throughout the world with products that have saved lives. Ongoing research and development will create newer medicines and vaccines that will continue to help people in years to come. They have experienced drawbacks through patent losses, and have come across litigation issues that negatively affected Merck; however, it did not ruin their reputation as one of leading pharmaceutical marketing and manufacturing companies in the world. Their values are incorporated in every aspect of business such meeting the needs of their customers, employees, shareholders, and community. Merging with the Pfizer Plough strengthened their hold in the pharmaceutical industry by adding a new product portfolio that will add to areas of research and development in which Merck is lacking. In addition, Pfizer Plough’s products add to Merck’s sales and increases profits each year. The potential for Merck to grow within the pharmaceutical industry is high; therefore, investing would be a good business decision. Why not be a part of a company who has a corporate responsibility of â€Å"Helping the World Be Well? † References Closing the gap. (2010). Country Monitor, 18(44), 5. Retrieved from EBSCOhost. Gormon, C. , Kher. U. (2004). A Painful Mistake. Time Inernational (Canada Edition), 164(15), 30. Retrieved from EBSCOhost. Holland, J. (2009, December 3). Court hears arguments in Mercks Vioxx appeal. Buffalo Law Journal. p. 11. Retrieved from EBSCOhost.. Hoover’s Inc. (2011, August 17). Merck Co. , Inc. Hoover’s Company Records – In – Depth Records. Retrieved August 19, 2011 from Hoover’s Academic database. Marino, J. (2009). Big Pharma’s Mid-Market Influence. Mergers Acquisitions Report, 22(18), 12. Retrieved from EBSCOhost. Merck. (2011). The new merck. Retrieved from http://www. merck. com/about/home. html Merck. 2011). Code of conduct: Our values and standards. Retrieved from http://www. merck. com/about/code_of_conduct. pdf Merck and Company, Inc. Company Profile. d. n. DC305661. Retrieved August 19, 2011 from Business Company database. Merck and Schering-Plough mega-merger will create a company greater than the sum of its parts. (2009). PharmaWatch: Monthly Review, 8(4), 25-27. Retreived from EBSCOhost. Robbins, S. P. , Judge, T. A. (2011). Organizational Behavior (14th ed. ). Upper Saddle River, NJ: Prentice Hall, 176-199.