The Constitution Of The United States Essay - 1654 Words

In May of 1787, fifty-six delegates from the newly founded thirteen states of the United States of America met in Pennsylvania to amend the ineffective Articles of Confederation. In doing so, they drafted a Constitution that would serve as the law of land for that thirteen states and any others that would join the Union. The Framers designed the Constitution for the purpose that it could be amended in the future. This is because they would not be able to foresee all the circumstances that the state would face in the future, therefore they wanted it to be able to be easily amended in the future. Today, lawmakers in Washington D.C. are trying to utilize this structure to pass what would be known as a State Repeal Federal Laws amendment. The power to amend the Constitution comes from Article V of the Constitution of the United States of America. An amendment can be proposed through joint resolution by Congress with two- thirds approval in both houses, the House of Representatives and the Senate (Constitutional Amendment Process, Cox, Zernike). A joint resolution is a measure approved by both houses of Congress and is signed by the President (Constitutional Amendment Process). However, the President does not have any power in amending the Constitution, so the states’ Governors receive information regarding the amendment and present it to the state legislature for approval (Constitutional Amendment Process). Another way that an amendment can be proposed is through aShow MoreRelatedThe United States Constitution And The Constitution Essay1491 Words   |  6 PagesThe United States Constitution, this very detailed group of words was written in 1787, but it did not take effect until after it was ratified in 1789 , when it replaced the Articles of Confederation. It remains the basic law of the United States then and till the present day of 2016. The first state to ratify the Constitution was Delaware; the last of the original thirteen to ratify was Rhode Island and since only nine were required, this was two years after it went into effect. When the U.S. ConstitutionRead MoreThe Constitution Of The United States Constitution Essay1185 Words   |  5 Pages(framers’ of the U.S. Constitution) position on the Presidency: The framers experienced the abuse of the English monarchs and their colonial governors. As a result, the framers were skeptical of the excessive executive authority. Furthermore, they also feared excessive legislative powers. This was something that the Articles of Confederation had given their own state legislatures. The framers of the constitution deliberately fragmented power between the national government, the states, and among the executiveRead MoreThe Constitution Of The United States885 Words   |  4 Pages In 1787, our founding fathers came up with a few principles that would establish what we now know as the United States of America. These principles were put on paper to serve as a guideline for how the United States would be operated and structured. This historical piece paper became known as the Constitution of the United States. In the Constitution, a Preamble is implemented at the beginning that essentially tells what the founding fathers set out to do. â€Å"We The People, in order to form a moreRead MoreThe Constitution Of The United States894 Words   |  4 Pagesthe substratum for that country. A Constitution can be defined as a document that is the substratum of the country’s principles. Elements in the Constitution may contain sundry information. Which can include: how many terms a leader may serve, what rights the citizens have, how the judicial system works, etc. The United States in no different from those countries. Every constitution is different, no country has the exact constitution as another. The U.S Constitution is a four-page document detailingRead MoreThe United States Constitution Essay1515 Words   |  7 PagesThe United States constitution was written in 1787 by the founding fathers of this country. Now it might be appropriate to question why a document that is the basis of the government for one of the most culturally and racially diverse countries in the world, was written by a group of heterosexual, cisgender, rich, white men. Some might think that a constitution written well over 200 years ago would be outdated and irrelevant to the American society of today but with some research, it is quite theRead MoreThe Constitution Of The United States756 Words   |  4 PagesPromulgation and Legislation in the U.S. Constitution: The federal system of government of the United States is based on its constitution. The Constitution grants all authority to the federal government except the power that is delegated to the states. Each state in the United States has its own constitution, local government, statute, and courts. The Constitution of the United States sets the judiciary of the federal government and defines the extent of the federal court’s power. The federalRead MoreThe Constitution Of The United States1007 Words   |  5 PagesThe United States of America has previously experienced failure every now and then. With trial and error, the country has learned to correct its ways and move toward(s) perfecting itself. Realizing the ineffectiveness of the Articles of Confederation is a prime example of the U.S. learning how to better itself. Subsequent to the Articles of Confederation, the Constitution of the United States was set as our new and improved framework of government. Possessing knowled ge on how America, although strongRead MoreThe Constitution Of The United States951 Words   |  4 Pageshappening again. Unlike the artifacts, The Constitution of the United States has not been forgotten, it is actually still very alive today. Unlike most relics, The Constitution still holds a very heroic and patriotic implication, freedom. With freedom comes self-government, freedom of speech, religious tolerance, etc. With all these things comes the great responsibility to adapt and fit to the wants and needs of the decade. Even though the Constitution was made for the interests of the people ofRead MoreThe Constitution Of The United States1338 Words   |  6 Pages The Constitution is the basis of law in The United States and has been since it was written in 1789. Since then it has been amended 27 times with the first ten amendments collectively known as the Bill of Rights. The US Constitution was preceded by the Articles of Confederation and supported by the Federalist Papers which we will touch more on later. James Madison, Alexander Hamilton, John Adams and Thomas Jefferson all wrote or influenced The Constitution in a very important way. Alexander HamiltonRead MoreThe Constitution Of The United States1388 Words   |  6 PagesInterpretation of the Constitution is one of the biggest conflicts within the United States–the highly contentious issue of states’ rights resulted from two different interpretations of what powers should belong to the federal government versus what powers belong to the individual states. No issue has ever caused as much turmoil as the issue of states’ rights–but one side must have more v alid arguments. Should the federal government’s power be superior, or should the authority of the individual states be held

One Of The Most Defining Moments In The Multiple Spanning

One of the most defining moments in the multiple spanning century history of the United States is the Constitutional Convention. The Constitutional Convention was held from May 25 to September 17, 1787 in Philadelphia Pennsylvania. This convention was to convene in order to fix the current presiding governing document, the Articles of Confederation. Each of the thirteen states were to send delegates to represent the desires of the state however, Rhode Island did not send a delegate. Each of these delegates were men of great influence and each had a hand in forming what our country would call a federal government. One such delegate from Virginia, George Wythe, was seen as especially important and according to the Encyclopedia of The†¦show more content†¦Wythe remained in his hometown for a short period of time before he moved to a neighboring county to open a law practice with a man named Zachary Lewis. Shortly after the opening Wythe married Zachary’s daughter Anne in 1747. However, the marriage did not last long as Anne died the following August of 1748. This death left Wythe extremely distraught and lead to his moving to Williamsburg in which according to the Encyclopedia of the ContinentalCongresses he opened a new law office with â€Å"his deceased wife’s uncle, Benjamin Waller.† It is from this job that Wythe would soon see his first position in government as Waller found a way to have Wythe become one of the clerks for the House of Burgesses. Wythe was thought of highly here as in 1753 the Attorney General left for London and Wythe was elected to sit in his stead until the Attorney General’s return. Wythe’s government career would continue to grow for the years to come starting with two attempts at being elected to the House of Burgesses. However, both times Wythe was defeated. Luckily, Wythe’s alma mater would invite him to serve as their representative to the House of Burgesses. During his time serving as a member of the House of Burgesses Wythe was elected to several committees. One of these committees was charged with looking at and examining the treasury to look for any errors or suspicious recordings. It is also during this time that Wythe took on a young man as a student,Show MoreRelatedSummary Of The Late Traveler And Chris Mccandless 1429 Words   |  6 Pagesdifferent aspects: shared happiness, the present moment, passion, and the ability to adapt. The late traveler and wanderer Chris McCandless spent years traveling the country living his dream as a modern day nomad. His last known writing is this, â€Å"happiness only real when shared.† Despite the time spent to himself, away from everyone close to him and the experiences he made, his final thoughts were that happiness could not be possible without a loved one to share them with. 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Care And Diligence Towards His Company †Myassignmenthelp.Com

Question: Discuss About The Care And Diligence Towards His Company? Answer: Introduction The case, which is researched for in this task, is based on the Directors breach of duty under the Corporations Act. The aim of the task is to throw a light upon the facts, which led to the breaching of a directors duty of care and diligence towards his company. The act specifies certain conditions in which the directors are bound to exercise due care and diligence. The violation of which can cause the director to be legally answerable to the court. Thus, the conditions in which the directors of the company acted were in controversy with the provisions in the Corporations Act and therefore, the courts decision is important in light of the case[1]. Storm Financial Limited was a financial service provider company who provided financial advice to the investors. Mr. and Mrs. Cassimatis the, directors of the company were the sole shareholders of the company too. Whilst, they were involved in the various activities of the company, Mr. Cassimatis generated a model to be invested upon. The investors of the company who were retired or near to retirement made the investments. These investors had assets and resources of their investment in limited quantity. The investment entailed the investors to borrow the money against their homes. This would happen when the investors would borrow the money against their homes to invest in the index funds. This was held under contemplation in the court where, it was thought to have been an incompetent step by the directors who ought to be more responsible. The court further claimed that a reasonable director would have had thought about the conditions this model would bring the investors in. A reasonable director in his right mind would think about the likelihood of the retired or near to retirement investors who would be prone to high risks involving their houses mortgaged against their investment. This was thought to have been inappropriately advised by the directors. In conclusion, the court discussed about the directors duties and the breach of the same in this case. The judge purported that the duty of care and diligence must have been the priority in this case and not the financial decision on the advice. This could eventually lead to the reputational harm or by an extent a loss of license due to failure of complying with the laws. Breach of the duties by the director The main allegation which had been brought by the ASIC against the directors in this case was that they have breached section 180(1) of the Corporation Act (CA). The section provides that as an officer or a director of a company a person must act in the best possible interest of the company and in good faith. The section extends to stating that the actions of the directors of officers of a specific company would not be taken as directed towards the companys best interest if a reasonable person in the same position of such director or officer would not have taken such actions in similar circumstances[2]. Thus the AISC alleged that Mr and Mrs Cassimatis did not direct their actions to the best interest of the company as they were involved in providing advice to disadvantaged old people through a financial model created by them[3]. Section 945A and 1041E of the CA had been breached by the directors or not also had to be determined by the case. Section 945 provides that there must be a reasonable basis to provide advice to the clients by the corporation[4]. Section 1041E deals with misleading or false statement made during the course of business. The court had to determine the definition of the subject matter of the advice in relation to section 945A and the meaning of likely to induce according to section 1041E of the CA[5] Analysis of the case In this case the main allegation which had been brought by the ASIC was that the directors of storm had breached section 180(1) of the CA. This was because they had not complied with the provisions of the CA in relation to section 945A and section 1041E of the legislation. The judge in this case provided that it agreed to the fact that the directors have breached the provisions of section 945A of the CA in relation to various investors by not having a reasonable basis in relation to the subject matter of the advice[6]. The judge in this case provided that the plaintiff was not able to establish that the directors of the company had breached section 1041E of the CA as few of the investors who had been provided advice were not retail investors and there was also lack of evidence that some of the investors had retired or were about to retire[7]. The court coming to the main issue of the case provided applied the test provided by section 180(1) in order to determine whether such section had been breached by the directors or not. The allegations were that the directors had breached section 180(1) of the CA by allowing the company to give advice to the investors based on the model developed by them. In addition the section was alleged to be breached as section 1041E and 945A were violated while providing the advice. Through the application of the test the court had to find out whether a prudent extent of care and diligence were observed by the directors of the company towards discharging their duties. it was provided by the court that for the purpose of determining the question of breach all circumstances such as the magnitude of harm, the benefits accruing to the shareholders, the burden to mitigate the risk and the foreeablity of the harm have to be considered. It was found by the court upon the analysis of the factors that t he directors as alleged by the ASIC have violated the provisions of section 180(1) of the CA. This was based on the fact that the breach of section 945A of the CA was reasonably foreseeable by the directors and thus they have breached section 180(1) of thee legislation. The actions would have also predictably caused significant harm to the consumers and most importantly a reasonable person in the same situation would have not violated any provisions of the CA. the violation of law cannot be held reasonable under the business judgment rule as it can never be in the best interest of the company. The court also stated that the circumstances for determining a breach of section 180(1) includes the skills and experiences, the terms and conditions which they had accepted to work as directors of the company. The way in which the responsibilities of the organization were allocated to directors along with the reporting system and information flow within the company was also considered by the court[8]. in addition it was statd by the judge that the directors would not have required any expert advice for the purpose of concluding that the model was not relevant to provide advice to the investors. The most relevant reason provided for this purpose by the court was that the unnecessarily including family home in form of investment asset was not appropriate by the directors[9]. In addition it was also provided by the court that even taking into account that the directors of storm acted in a honest manner "genuinely held the view that capital loss could never occur with index fund investment in the Storm model" 815 the actions were not eligible to be excused in relation to section 1317s of the CA as they had important roles and responsibilities in relation to the company and also the contravention made by them was very serious. In addition the court had to determine the question that whether an actual breach is necessary for the directors for being liable under section 180(1) of the CA. The ASIC had made an allegation that the directors have actually breached section 180(1) of the act as a stepping stone in relation to the violation of the provision. It was provided by the court that it did not have reasonable cause to believe that an actual violation was necessary requirement for non compliance with s180 (1) by a director and proceeded based on the fact that such a breach was not necessary. The court also had to decide that whether the duty arising under section 180(1) of the Act was in relation the company. It was submitted by the directors of storm that according to section 180(1) of the Act the duty arising out of the provisions is only in relation to the company and not to the public. Whereas to the contrary AISC had provided that the duties are not only extended to the company but also to the public. The court in this case did not accept the submission of the AISC in relation to the question. It was provided by the court that with respect to the clear wordings present in the legislation in relation to section 180(1) the duty of the directors is only limited to that of the company. However it was also provided by the court that although a duty under the section does not extend beyond the company, the duty includes not only financial losses but also the loss of goodwill incurred by the company. Thus if the company gets a bad name in the society the duty under section 180(1) of the CA is said to be violated by the directors. Moreover the court had to determine the question that can section 180(1) be violated by directors who are also the only owners and shareholders of the organization. it was submitted to the court by the directors that directors who are the only owners and shareholders of an organization cannot be held liable for the violation of section 180(1) of the CA. In order to support their submission the directors provided that the risk in relation to an operation has to be determined by the directors and shareholders of the company and whether the organization is ready to take such risk for the purpose of making profits. It was in addition given by the directors that it should be considered that the directors have not violated the duty of care and diligence even if the directors have contravened any section of the CA as they are the only shareholders as in such case there would be implied ratification of the actions of the directors[10]. However such a submission was rejected by the court stat ing that the wordings of section 181(1) are not in accordance to the submission made by the directors. Although the shareholders may allow actions which are not in accordance to law but they do not have to power to ratify such actions[11]. Relevance of the decision The main points which can be derived from this case are that the directors of the company cannot be forgiven under section 1317s of the CA if it is found by the court that they have a significant role to play in the organization and the contravention made by them are very serious even if they had acted honestly. The case signifies that the directors of a company who are also its only shareholders can authorize an act which is contrary to that of law, but they do not have the power to ratify such acts as the section 180(1) does not provide for any ratification. The duty which is owed by the directors of the company under section 180(1) although extending only to the company includes not only financial losses but also the loss of goodwill incurred by the company. Thus if the company gets a bad name in the society the duty under section 180(1) of the CA is said to be violated by the directors. An actual breach of section 180(1) is not required for its violation and thus even if actual loss is not caused the directors can be held liable. In addition it was also signified by the court that the breach of any law is always a contravention of section 180(1) of the CA. References Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 [1] Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 at [1] [2] Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 at [2] [3] Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 at [3] [4] Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 at [17] [5] Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 at [16] [6] Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 at [668] [7] Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 at [836] [8] Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 at [676] [9] Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 at [682] [10] Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 at [496] [11] Australian Securities and Investments Commission v Cassimatis (No 8) [2016] FCA 1023 at [499]

Which gender is more likely to drive after drinkin Essay Example For Students

Which gender is more likely to drive after drinkin Essay g?IntroductionLast year a student from my high school was killed in a drunk driving accident. As shocking as the death was for many students, people still continued to drive while intoxicated. This year two of my close friends received DUIs and numerous people I have encountered have also been convicted of Driving Under the Influence.Working at a local bar, it is very seldom that I see a person choosing to remain sober because they have to drive, and I began to wonder which gender was more likely to drive after consuming alcohol. I hypothesize that men are more likely to drive after consuming alcoholic beverages than women. I have decided this for several reasons, the primary one being that when on a date, usually the male drives. We will write a custom essay on Which gender is more likely to drive after drinkin specifically for you for only $16.38 $13.9/page Order now ResearchI began my research on the Internet, and found several very useful sights. MADD (mothers against drunk driving) had some fairly new statistics regarding alcohol consumption and driving. I also visited the National Clearinghouse for Drugs and Alcohol, and the National Institute on Alcohol Abuse and Alcoholism. While reviewing some statistics regarding fatal accidents related to alcohol, I noticed that California had a very high number of deaths-second only to Texas (this number did not reflect the percentage of the population-with this in mind, Nevada and Texas had the largest percents). With this in mind I investigated the current laws regarding alcohol consumption and driving. Currently, the law in California declares a person to be legally intoxicated if their blood alcohol content is .08% or greater (this law of course is different for minors). The U.S. Department of Agriculture and the U.S. Department of Health and Human Services define a standard drink as 12 ounces of be er, 5 ounces of wine, or 1.5 ounces of 80-proof distilled spirits. MethodI decided to Survey 50 people, 25 men and 25 women. Although laws prohibit people under 21 from consuming alcohol, I chose to survey people 16 years and older simply because I know that many minors do drink and drive. In order to get a more representative sample, I decided not to survey at CSUSM but at the mall where my sample population would consist of people other than students. Before handing people the survey I asked them two simple questions: Are you a licensed driver? and Do you consume alcoholic beverages? To those that answered yes to both questions, I passed out the following survey:1. Male or Female2. Age3. When you drink, on average, how many alcoholic beverages do you consume?Please use the following scale:1 drink= 1.5 oz. Of 80-proof liquor1 drink= 1 beer1 drink= 5 oz. of wine4. How many beverages must you consume to feel drunk?5. Do you drive after consuming alcoholic beverages (please be honest) ?6. Would you drive after consuming: 1 drink?2 drinks?3 drinks?4 drinks?5 drinks?More than 5 drinks?7. Have you ever been convicted of DUI?ResultsUsing the information from my surveys, I have come to the conclusion that men are more likely to drive after consuming alcoholic beverages. Of the males surveyed, 84% said they would drive after consuming alcoholic beverages where 72% of females said they would. The gap between these amounts changed significantly when the subjects responded to question 5. After two drinks, the percentage of men who said they would drive remained the same, the percentage of females declined-68% said they would drive. The number of men who said they would drive after consuming three alcoholic beverages declined by 4% where the number of females who said they would drive decreased to 64%. It is here that my data changed significantly. The number of men who said they would drive after consuming four alcoholic beverages decreased by 20% and the number of female s who said they would drive after that many decreased by 32%. Finally, 12% of men said they would drive after 5 or more drinks where only 4% of women stated that they would drive. .u2d156acdf28cf0e2ca419b6fc4930f41 , .u2d156acdf28cf0e2ca419b6fc4930f41 .postImageUrl , .u2d156acdf28cf0e2ca419b6fc4930f41 .centered-text-area { min-height: 80px; position: relative; } .u2d156acdf28cf0e2ca419b6fc4930f41 , .u2d156acdf28cf0e2ca419b6fc4930f41:hover , .u2d156acdf28cf0e2ca419b6fc4930f41:visited , .u2d156acdf28cf0e2ca419b6fc4930f41:active { border:0!important; } .u2d156acdf28cf0e2ca419b6fc4930f41 .clearfix:after { content: ""; display: table; clear: both; } .u2d156acdf28cf0e2ca419b6fc4930f41 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u2d156acdf28cf0e2ca419b6fc4930f41:active , .u2d156acdf28cf0e2ca419b6fc4930f41:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u2d156acdf28cf0e2ca419b6fc4930f41 .centered-text-area { width: 100%; position: relative ; } .u2d156acdf28cf0e2ca419b6fc4930f41 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u2d156acdf28cf0e2ca419b6fc4930f41 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u2d156acdf28cf0e2ca419b6fc4930f41 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u2d156acdf28cf0e2ca419b6fc4930f41:hover .ctaButton { background-color: #34495E!important; } .u2d156acdf28cf0e2ca419b6fc4930f41 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u2d156acdf28cf0e2ca419b6fc4930f41 .u2d156acdf28cf0e2ca419b6fc4930f41-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u2d156acdf28cf0e2ca419b6fc4930f41:after { content: ""; display: block; clear: both; } READ: The Impact of Globalisation on the Australian Econ EssayOf the four men who stated that they would not drive after consuming alcoholic beverages, 2 had previously received DUIs while only 1 of the 7 women who said they would not drive after consuming alcoholic beverages had received a DUI.The following pages are my results in chart format. ReflectionViewing my results, I realize that I have not taken into account the different physiological effects of alcohol. Women become intoxicated after drinking smaller quantities of alcohol than are needed to produce intoxication in men.This can be explained by the fact that women have lower total body water content than men of comparable size. After alcohol is consumed, it diffuses uniformly into all body water, both inside and outside cells. Because of their smaller quantity of body water, women achieve higher concentration of alcohol in their blood than men after drinking equivalent amounts of alcohol. As one person performing research, there are many aspects that I have neglected. If I had the means with which to do an extensive study, I would not rely on data from self-report, as many people may understate the amount of alcohol consumed for social acceptance. Instead, I would carefully monitor the actual intake of each subject over an extended period of time.