How to Structure a Dissertation Free Essays

How to Structure a Dissertation? Chapter and Sections Explained | General Structure of a Dissertation Many students are confused about the dissertation structure requirements given to them by their tutors, and getting this wrong will affect their final grade. Below you will find an easy to follow guide to structure a dissertation. It is recommended that you create the titles and subtitles before you fill the dissertation with content, and determine how long each chapter will be to make up the required dissertation word count. We will write a custom essay sample on How to Structure a Dissertation or any similar topic only for you Order Now How to structure a dissertation The following guide gives you the general rules of dissertation structure used for dissertations that include primary research: ? Title Page Make sure that you check the information that needs to be included in the title page. Some institutions ask for the total word count and your supervisor’s name, as well as your personal and course information. ? Dedication This page is often neglected by students, but has an important role in structuring your dissertation. You need to dedicate your work to a person, institution, or cause. As an example, you might dedicate your dissertation to the institution that supported your research. ? Acknowledgements This short part of your dissertation will acknowledge the support and help you received from your tutors, institution, or colleagues. ? Abstract A summary of the dissertation, including purpose and findings. ? Table of Contents ? Introduction This introduces the study and establishes the research context. It should include a statement of the problem under consideration, the objective of the research, what or who is included in the study, and an overview of the structure of the dissertation. ? Literature Review This gives an extensive background to relevant theories. It should explore and critique past research and any explanatory models. It should end with the research questions to be answered by the study. ? Methodology This part of the dissertation structure sets out the way the study was carried out, and should include subsections, such as: i. Research philosophy ii. Approach and strategy iii. Data collection and analysis iv. Issues with access to subjects / data, v. Reliability vi. Validity and applicability vii. Ethical issues and any limitations related to your research ? Results This section sets out the results of your study. The emphasis is upon raw data rather than interpretations and conclusions, and you might want to create tables or/and charts to improve the structure of the dissertation and present your results more clearly. ? Discussion This part of the dissertation discusses the results in a wider context, and links with themes drawn out during the literature review are considered. Further, you will have to critique the theses and theories discussed in the literature review section based on the results of the study. You need to state whether the evidence provides support for the research hypothesis. Each research question is discussed with reference to the evidence. This section also provides a brief recapitulation of the literature review and methodology. ? Conclusion This dissertation section summarises the study. No new material is to be introduced here, but drawbacks of the study can be included, and recommendations for future research can be made. ?References These must be listed in the format approved by your university. ?Appendices This important part of the dissertation includes questionnaires, tables, transcripts of interviews and statistical outputs. As appendices are not part of your total word count , they can be useful for holding information where you are worried your word count is too high. Chapters of a Dissertation Explained The main purpose of the dissertation structure is to present your research and ideas in a logical way. If you know how to structure a dissertation the correct way, you are more likely to get it right the first time, instead of being asked to make amendments for months before it can be accepted by your institution. The introduction’s purpose is to inform the reader about the purpose and setting of the study. The literature review shows your institution that you have completed the required background studies. To state your methodology, you must be aware of different research approaches and methods in your selected academic field. The Results section of the dissertation must be structured in a way that the outcomes are easily interpreted by the reader. You can voice your criticism and reflect on the findings and theories in the Discussion section. In the Conclusion and Recommendations section of the dissertation, you must show that your research has delivered important knowledge for a certain industry or field of study. The Literature Review Structure In this section, you need to compare and contrast the views of different authors on the issue you are researching, highlight the gaps and contradictions in current literature, and demonstrate how your study is related to current and past research. If you are confused about what to include in this dissertation section, ask our our site experts on structuring your literature review. The Correct Dissertation Methodology Structure You will need to state your research philosophy: either positivism, interpretivism, or post-positivism. In the next section, you have to state your research approach, followed by strategy and research design, data collection and analysis methods, and finally the ethical considerations, validity, and generalisability of the research, as well as the limitations of the study. For a full guide on how to structure a methodology chapter, check out our detailed our site guide on methodology structure. How to Clarify the Dissertation Structure Requirements Most colleges and universities publish their guidelines on dissertation structure. You might want to clarify the word count requirements and referencing guidelines for each chapter with your professor before you start working on your dissertation. Remember that each field of study and institution have their own specific requirements for word count, formatting referencing, and chapters, so you must obtain information and should not rely on general information on structuring a dissertation. You might need to seek further advice and guidance on how to structure a dissertation and what to include in each chapter. If you have any specific queries or questions, you can submit your question to the our site support page, and get an expert in your academic field give you further guidance. Do you need help writing your dissertation or thesis? Contact Us Today Summary Reviewer Admin – Robert Gil Review Date 2017-07-25 Reviewed Item Structuring a dissertation Author Rating 5 How to cite How to Structure a Dissertation, Essays

Planning Auditing and Professional Practice

Question: Discuss about the Planning Auditing and Professional Practice. Answer: Introduction: Planning pays a crucial role in carrying out the proceedings in a systematic manner. In regard to auditing, the planning occurs at every stage throughout the entire auditing process; however, it has greater significance at the initial stage of auditing. The standards of auditing require that the auditor should plan his work adequately before taking the actual work under process (Delaney Whittington, 2010). The auditing planning not only assists in allocation of the resource optimally, but it also assists the auditor in identifying the crucial areas of auditing and thus, finding out any critical risk factor related to those areas. At the initial stage, the auditor should plan to study the business environment in which the company operates and based on this study, a preliminary assessment of inherent and control risk should be made (Delaney Whittington, 2010). In the current case, the auditor has to plan for audit of City Ltd which is property developer in Australia. In this regard it is crucial that the auditor studies the business environment and the circumstances in which the company is operating (Gray Manson, 2007). The study of the circumstances reveals that the company is in problematic situation that indicate a serious risk to its business. Thus, the auditor needs to be alert while preparing the audit plan in regard to the audit of City Ltd. Following are the major points the auditor should consider in its planning document: The study of the circumstances reveals that there is slump in the commercial property industry in Brisbane, where the company operates. The sluggish demand in the market is going to affect the companys revenues in the upcoming years (ISA 315, 2009). Further, there been passed an order by the government of the state which provides for abundance the office spaces in the city. This implies that the demand for the commercial spaces is going to be affected adversely (ISA 315, 2009). Further, the fact that company has many construction projects under process without any buyer being secured also adds to the business risk. In this situation, the company might fail and go into liquidation (ISA 315, 2009). In this case Web Ltd has enhanced its IT capabilities by installing new computer software. From the auditors perspective, its a change in the record maintenance system of the company and thus; it requires careful attention while formulating the audit plan. In this regard, following are the points that the auditor should consider as crucial: There has been a change in the information system due to installation of new software. This change may have crucial impact on the entire auditing process and particularly on the evidence collection process (Pickett, 2006). Further, the change in the information system also has impact on the internal controls. Thus, the auditor should include in its plan a rigorous verification of the internal controls (Pickett, 2006). Further, the auditor should focus its verification of the areas where the change in the information system is having great bearing in regard to improvement in the quality of management reporting. Lastly, the auditor should not forget to evaluate the impact of change in the information system on the risk assessment. The auditor should consider the risk of manipulations in the financial statements which arises due to the change in the information system (Pickett, 2006). In the current case, audit planning for Beauty Pty Ltd which is engaged in manufacturing and selling the cosmetic products is under consideration. In this case, it could be observed that there has been a new event which is opening of an overseas branch by the company. The audit needs to emphasis this fact while preparing an overall audit plan in regard to financial audit of the company (Pickett, 2006). The following are the crucial issues which auditor should take into consideration while preparing overall audit plan: In regard to the branch operations, the auditor should include in its planning document, the assessment of materiality of the foreign branch. If the branch operations are material considering the overall operations of the company, the auditor needs to take assurance that the records of branch operations are free of risk and misstatements (ISA 600, 2009). In case the branch is being audited by another auditor, the company auditor can use the report of branch auditor subject to compliance with the provisions of auditing standard 600. Thus, if it is the case, the planning documents should include the steps to use the report of branch auditor (ISA 600, 2009). The purpose and the result of both the tests such as test of controls and the substantive test are different (Johnstone, Gramling, Rittenberg, 2015). The test of controls is performed to check the adequacy of the internal control system. On the other hand, the purpose to apply substantive test is to gather corroborative evidences which confirm the amount of items presented in the financial statements of the company. Thus, first and foremost, it is the auditors objective which will affect the decision as to application of the test of controls or the substantive test (Johnstone, Gramling, Rittenberg, 2015). Further, another crucial factor is the assessment of the inherent and control risk and the detection risk. The inherent and control risk can be reduced by enhancing the level of substantive testing while detection risk can be reduced by enhancing the level of test of controls. Thus, if the combined level of inherent and control risk is assessed as high, the auditor will have to take more rigorous testing of the book records which implies decision to use substantive testing (Johnstone, Gramling, Rittenberg, 2015). On the other hand, if the detection risk is assessed as high, the auditor will have to apply test of controls. In the current case of Vroom Ltd, the detection risk is assessed as high in the case of measurement and completeness of depreciation expense. In this case, the auditors approach could be observed to be emphasizing more on application of test of controls. Thus, the auditor relies more on applying the test of controls rather than substantive testing in this case. In another case, inherent and control risks are assessed as high in regard to valuation of the vehicles. The auditors strategy gets changed to rely more on substantive testing rather than test of controls in this case. Further, in the case when the auditor assesses medium risk, the strategy of the auditor changes to apply test of controls as primary mechanism to obtain audit evidences. In this case, the substantive testing has been used to a minimal extent only (Johnstone, Gramling, Rittenberg, 2015). In the current case of Vroom Ltd, the preliminary assessment of audit risk in relation to the depreciation expense reveals that inherent and control risks are low but the detection risk is high. The high detection risk indicates that the auditors substantive checking may not be able to detect the error or fraud in regard to depreciation expense. Keeping this in mind, the auditor designs a strategy to apply the test of controls more stringently while at the same time reducing the substantive testing. In this strategy, the auditor should use following procedures to verify the accuracy and completeness of depreciation expense: Firstly, the auditor should verify the accounting system, its process and level of automation. Further, the competency of the staff operating the accounting system should also be considered (King, 2011). The auditor should ensure that adequate records in relation to fixed assets are maintained and kept up to date. The auditor should verify the checks and controls on the acquisition and sale of fixed assets. Further, the auditor should ensure that acquisition and sale of fixed asset is made with the sanction of appropriate authority (King, 2011). If necessary perform recalculations for depreciation on test check basis (King, 2011). Accounting is a comprehensive process that involves various steps such as recording, summarizing, classifying, and presenting the events and circumstances in the form of reports. The accounting process produces important information relating to the financial performance and position of the business which is communicated through reports and statements such as annual report, income statement, and the statement of financial position (Gray Manson, 2007). The communication of the accounting information is not only made to the shareholders, but it is also made to other stakeholders such as government and the lenders. The shareholders, government, and the lenders, all are outsiders and do not take part in the preparation of the information which is communicated to them. Thus, there remains a risk that the information communicated to them is free of errors and fraudulent influence or not. In order to mitigate the risk of error or fraud, it becomes necessary to subject the financial statemen ts of the company to auditing. The auditing is about examining that whether the information conveyed by the financial statements is true and complete. The financial statements of the company are audited by an impendent third party so that creditability of the information is enhanced. The auditing of the financial statements is always carried out before communicating the information to the stakeholders (Gray Manson, 2007). References Delaney, P.R. Whittington, O.R. (2010). Wiley CPA Exam Review 2011, Auditing and Attestation. John Wiley Sons. Gray, I. Manson, S. (2007). The Audit Process: Principles, Practice and Cases. Cengage Learning EMEA. ISA 315. 2009. Identifying and assessing the risks of material misstatement through understanding the entity and its environment. Retrieved January 24, 2017, from https://www.ifac.org/system/files/downloads/a017-2010-iaasb-handbook-isa-315.pdf ISA 600. 2009. Special ConsiderationsAudits Of Group Financial Statements (Including The Work of Component Auditors). Retrieved January 24, 2017, from https://www.ifac.org/system/files/downloads/a033-2010-iaasb-handbook-isa-600.pdf Johnstone, K., Gramling, A., Rittenberg, L.E. 2015. Auditing: A Risk Based-Approach to Conducting a Quality Audit. Cengage Learning. King, A.M. 2011. Internal Control of Fixed Assets: A Controller and Auditor's Guide. John Wiley Sons. Pickett, K.H.S. 2006. Audit Planning: A Risk-Based Approach. John Wiley Sons.

Implications of Efficient Market Hypothesis †Free Samples to Students

Question: Discuss about the Implications of Efficient Market Hypothesis. Answer: Introduction: It is crucial for an analyst or investor to select the shares for making an investment as various skills and knowledge is required by the analyst to investigate over the risk and return of the company. Usually, two methods are taken into consideration by the analyst to conduct this study which is technical and fundamental analysis. In technical analysis, share prices are analyzed and according to that and other factors, future movement is the share pricing is depicted whereas in fundamental analysis, financial performance of the company is evaluated and macro economic data is also investigated to analyze the future movements in share prices of the company. In technical analysis and fundamental analysis, various tools are used. However the most famous tools which have been used in this paper are moving average and line chart (technical) and PE Multiple and dividend discount model (fundamental). In this report paper, two portfolios have been prepared which includes 10 stocks each. Out of these portfolios, one portfolio has been prepared according to the technical analysis and other one has been prepared according to the fundamental analysis. The stock analysis for making an investment starts by evaluating the companys financial performance and position. Further, historical prices trends of the stock are analyzed to make a better decision about the investment in the stock. Thus, two methods are taken into consideration by the analyst to conduct this study which is technical and fundamental analysis (Schlichting, 2013). These methods are quite crucial to analyze the stock. However, it has been observed that various challenges are there which has been paused by efficient market theories and behavioral finance theories in which the analysis of stock and selection stocks is done. The efficient market hypothesis theory and behavioral finance theory provide an observation about the market (Schlichting, 2013). Even the stock selection by delivering out a complete analysis of fundamental aspects and technical aspects could not be avoided by the possibility of beating when behavioral finance influences persist. The theories of finance and fundamental concepts like Harry Markowitzs modern portfolio theory and Sharpes capital asset pricing model have offered a strong basis to investigate over the selection of the stocks and performance of the stock (Elton, et al., 2009). The above fundamental theories are based on a belief that entire investors act realistically. Further, fundamental theories also assume that the stock market is efficient and always remain similar all the times due to the reason that the entire required information is accessible by all the participants in the market all the times (Elton, et al., 2009). Though, the behavioral finance theory opposes the observation that entire investors are sensible. Further, efficient market hypothesis theory depict that the view of capital markets are always efficient. It must be kept in brain that the models and techniques which has been used in fundamental analysis and technical analyzes are always based on an assumption that the investors are sensible and capital markets are resourceful (Schlichting, 2013). Thus, the conflicts are always existed among the fundamental results and technical results and the behavioral finance results and efficient market theories results. The investors struggle to hit the market by investigating over the stocks which are methodically covering the fundamental and technical aspects, but the EMH states that it is not easy to beat the market (Ackert and Deaves, 2009). Additionally, the behavioral finance concepts states that investors could not always be sensible which depicts that the decisions made by them for buying and selling the stocks could not always be validated on the fundamental analysis and technical analysis. The choice of investors to buy and sale the shares are sometimes affected by behavioral power (Ackert and Deaves, 2009). Such as in the year of 2008 when the global financial crisis has taken place in USA and affected the economy of USA as well as other countries like United Kingdom (UK), China and Australia. The fundamental concepts depicts that the financial crisis of USA in 2008 must have affected the US only, but it left an impression over the entire world. The worldwide capital markets went into gloominess when the global financial crisis has been encountered in the US (Baker and Nofsinger, 2010). The main reason behind this gloominess in all the capital markets and economy was the behavioral influences. It has been observed that when the United States stocks had fell down, the other companys investors such as the UK, Australia and China had also begun to lose their faith and they have started selling their hold stock. And thus the huge selling made the company weak and it directly made an impact over the share price of the company (Baker and Nofsinger, 2010). The behavioral finance mainly affects over the understanding of capital markets, the EMH also offers sight of another side of the capital market. The behavioral finance principle states that investor could not be sensible and the EMH depicts that the capital market could not be unproductive (Kurth, 2013). The EMH theory is based on an idea that the securities prices incorporate entire required information, and thus, it become impossible for investors to take benefit of the information gap and with the help of it, make excessive gains. In other words, the EMH depicts that the investors could not find the securities undervalued or overvalued to make chances to earn more profits. though, the financial fundamental concepts has been established in the CAPM and Gordons growth rate model which provides an idea that the securities could be overvalued or undervalued in the market. Financial fundamental principles depicts that the securities which are trading in the market could not always be traded in their faire value (Kurth, 2013). Rational and methodology: The methodology includes entire framework which helps in selecting the data and analytical equipments to draw a conclusion from the selected information. It is crucial to adopt a suitable methodology for completing the research work in a very effective and efficient manner. In this report the capital market has been taken into consideration, in which the stock has been analyzed, and it has found out that whether the selected stocks would be able to beat the market or not (Phillips and Stawarski, 2016). The selected methodology for this report comprises stock selections two primary methods which are fundamental and technical methods. The fundamental analysis and technical analysis offers different concept which are based on diverse parameters of selecting the stocks (Palicka, 2011). Since, as both methods are based on diverse principles and concepts so, none no method is superior on other. In fact, it could be said that both the methods such as technical and fundamental could be known as each others complementary method. The fundamental analysis outcomes in stocks selection which are quite strong in context of financial performance at the same time the technical analysis focuses over the growth in the prices along with the financial performance of the company which offers them the best basis to choose a good stock (Palicka, 2011). For this report, it has been found that the stock of Keppel Corporation which is financial strong as the return of the company is quite strong (Yahoo finance, 2017). Further, according to the fundamental analysis it has been comprised that the stock named by Courts Asia Limited is quite strong as the return of the equity is 8.83% (Yahoo finance, 2017). Hence, the fundamental analysis over the selection of the stocks would be good in context of the financial performance. At the same time the stocks which have been selected according to the tec hnical analysis would also offer a good return to the shareholders (Palicka, 2011). It has been observed that it is a good choice for the analyst and investors to analyze the stock according to both the methods as due to it, the result would be sensible and it would help the investor to make a better investment. According to the current research, 2 portfolios have been prepared which includes 20 stocks which have been selected according to the fundamental and technical analysis. Fundamental portfolio has been prepared according to the two main tools of fundamental methods which are Dividend discount model and PE multiple methods. In this report, the stock which has been named by great Eastern limited has been taken into consideration for PE multiple model and dividend discount model. PE Multiple Models: The intrinsic value of Great Eastern limited has been applied over the PE multiple models according to the following details: PE Multiple Model Industry PE ratio 23.50 EPS of Great Eastern 0.14 Intrinsic Value 3.29 The intrinsic value of the stock has been depicted in the above given table is SGD 3.29 which is quite higher than the share price of the stock and thus the share price of the company is undervalued. Dividend discount model: Dividend discount model is a tool of fundamental analysis which has been taken into consideration to analyze the intrinsic value of the stock. The intrinsic value of Great Eastern limited has been calculated as below: Dividend Discount Model Dividend expected 0.10 Growth rate 2% Discount rate 5.00% Intrinsic Value 3.34 It has been observed through this model that the intrinsic value of the stock is SGD 3.34 which is depicting that the stock is overvalued as the current market price of the company is quite lower than the intrinsic value of the company. Technical analysis is most common used model. Technical portfolio has been prepared according to the two main tools of technical methods which are line chart and moving average. In this report, the stock which has been named by Frasers Centre point limited has been taken into consideration for Line chart model and moving average model. It has been observed through the above line chart that the trend line which has been shown in the chart depicting that various ups and downs have been faced by the company in context of fluctuations in the share price. Currently the share price of the company is growing up. Thus by relying over the current scenario, it could be said that the investment in this company would be worthy. The moving average analysis has been done over the Frasers Centre point limited and it has been found that the average of the stock price is SGD 1.94. The moving average could be taken as a cut off level which depicts that the price of the stock is according to the level and thus there are quite more chances for the stock price to be enhanced. Thus by relying over the current scenario, it could be said that the investment in this company would be worthy. Activities in Fundamental Portfolio Two activities have been performed in preparing the fundamental portfolio. Under the first activity, 500 shares of Jardine Cycle and Carriage Limited have been bought at the rate of S$41.34 per share on June 25, 2017. The decision to buy 500 shares of Jardine Cycle and Carriage Limited has been taken to manage the profits to sell those shares in the peak season. Further, under the second activity, 5000 shares of Wilmar international Limited has been purchased on August 5, 2017 at the rate of S$3.6201 (Appendix-2). The amount which has been received on selling the 300 shares of Jardine Cycle and Carriage Limited has been used in buying the shares of Wilmar international Limited. Looking at the fundamentals of Wilmar international Limited, it has been estimated that the stock would grow in near future therefore the decision to enhance the holdings more in the company has been made. Two activities have been performed in preparing the technical portfolio also. Under the first activity, 1000 shares of Frasers Centre point Limited had bought on August 5, 2017 at the rate of S$ 2.201 (Appendix-2). It has been observed that the stock price has been decreased; as a result, the decision of buying more shares have been taken as it would offer more profit to the company. Under the second activity, the funds which have been released from Frasers Centre point Limited has been deployed in buying the shares of Tiong Seng Holdings limited on August 20, 2017. The preliminary analysis of Frasers Centre point Limited showed probable in the stock; accordingly, it has been considered the finest option to organize the released amounts. Through the above analysis it has been found that both the portfolios would be offer more profits of the investors as the portfolios have been set after considering and analyzing every single aspect of the stock and various tools have been used for this report. Conclusion: Thus through this report, it could be concluded that both the portfolios are quite impressive and would offer he profit to the investor as the portfolios have been set after considering and analyzing every single aspect of the stock and various tools have been used for this report. References: Ackert, L. and Deaves, R. 2009. Behavioral Finance: Psychology, Decision-Making, and Markets. Cengage Learning. Baker, H.K. and Nofsinger, J.R. 2010. Behavioral Finance: Investors, Corporations, and Markets. John Wiley Sons. Elton, E.J., Gruber, M.J., Brown, S.J., and Goetzmann, W.N. 2009. Modern Portfolio Theory and Investment Analysis. John Wiley Sons. Kinsky, R. 2011. Charting Made Simple: A Beginner's Guide to Technical Analysis. John Wiley Sons. Krantz, M. 2016. Fundamental Analysis for Dummies. John Wiley Sons. Kurth, S. 2013. Critical Review about Implications of the Efficient Market Hypothesis. GRIN Verlag. Madura, J. 2014. Financial Markets and Institutions. Cengage Learning. Palicka, V.J. 2011. Fusion Analysis: Merging Fundamental and Technical Analysis for Risk-Adjusted Excess Returns. McGraw Hill Professional. Phillips, P.P. and Stawarski, C.A. 2016. Data Collection: Planning for and Collecting All Types of Data. John Wiley Sons. Schlichting, T. 2013. Fundamental Analysis, Behavioral Finance and Technical Analysis on the Stock Market. GRIN Verlag. Yahoo finance. 2017. Frasers centre point limited. [Online]. Available at: https://in.finance.yahoo.com/q/ks?s=C31.SI [Accessed on: 4 September 2017]. Yahoo finance. 2017. Jardine Cycle and carriage limited. [Online]. Available at: https://sg.finance.yahoo.com/quote/RE2.SI/key-statistics?p=RE2.SI [Accessed on: 04 Sept 2017].

Unit 3 Firac Case Brief free essay sample

Ashley E. Parramore Introduction to Legal Analysis and Writing PA 205 August 8, 2011 Donnelly V. Rees Case Brief. Donnelly V. Rees Case Name: Donnelly V. Rees, 141 Cal. 56 (1903) Court: California Supreme Court FACTS: An action may be maintained by the sole heir of a deceased person to set aside a deed procured from the deceased without consideration by the fraudulent practices of the defendants and their undue influence over the deceased, who was known to be a habitual drunkard for more than five years before the execution of the deed. ISSUE: The plaintiff was not required to make any payments on account of an alleged bill against the grantor, or for moneys alleged to have been advanced to him subsequently to the alleged transaction, where these matters cannot be regarded as connected with the transaction. RULE: Section 2224 of the California civil Code (1) The defendant gained the land by fraud. (2) By undue influence, and are therefore or, rather each is an involuntary trustee of the thing gained. We will write a custom essay sample on Unit 3 Firac Case Brief or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 3) The same result follows, because they gained the thing by the violation of a trust. Upon either of these principles, therefore, the plaintiff is entitled to recover, unless precluded as is contended by the appellants. ANALYSIS: The court cited in the decisions of Civ. Code, sec. 2219 Pierce V. Robinson, 13 cal. 127 Kimball V. Tripp, 136 Cal. 634, 635 Knight V. Tripp, 121 Cal. 674 Davies V. Otty, 35 Beav. 213 CONCLUSION: It was not necessary that the plaintiff should pay to the defendants the amount of their alleged bill, or to O’Brien the amount alleged to have been advanced to Kean subsequently to the transaction or that the court should so adjudge under the findings which we have held to be sustained by the evidence. These matters cannot be regarded as being connected with the transaction Guidici v. Guidici Case Brief Guidici v Guidici Case Name: Guidici V. Guidici 2 Cal. 2d 497 1935 Court: California Supreme Court FACTS: In this action to cancel a deed to real property, the evidence that plaintiff at the time of signing the deed was in such a state of mind, due to long and excessive drinking of intoxicating liquor, that he did not know what he was doing, and that he had no recollection of signing the deed, was sufficient to support the finding that he was mentally incapable, at that time, of understanding the nature of his act in the signing and execution of said deed, and such finding could not be disturbed on appeal even though there was considerable conflict in the evidence. ISSUE: While marriage is a good consideration for a deed, or for a contract generally, if such a deed is executed by the grantor at a time when he is incapable of understanding his act in the execution thereof, by reason of long and excessive drinking, and the marriage is entered into about an hour later, while he is in the same state of mind, it cannot be said that the marriage ceremony forms a valid consideration for the execution of said deed. RULE: The defendant was a woman of over fifty years of age at the time. She had been married twice before, and she admitted that she was marrying the plaintiff as a business proposition. At no time did she manifest any affection toward the plaintiff. She evidently reposed but little confidence in him, or was aware of his intoxicated condition, as she absolutely refused, at the suggestion of the attorney, to proceed with the marriage ceremony until the deed to plaintiffs valuable farm was signed and delivered to her. These matters were undoubtedly given careful consideration by the trial judge who, after a review of all the evidence with the parties before him and an opportunity to observe their conduct and demeanor, believed the testimony of the plaintiff and his witnesses, and made findings favorable to him. According to the well-established rule in cases involving conflicting evidence, the findings of the trial court must be sustained on appeal. ANALYSIS: A person who at the time of making a contract is completely intoxicated may avoid his contract notwithstanding the fact that his intoxicated condition may have been caused by his voluntary act and not by the contrivance of the other party to the contract. (6 Ruling Case Law, p. 595. ) CONCLUSION: It is not necessary for us to give any xtended consideration to the further contention of the defendant that there is no evidence to support the finding of the trial court that there was no consideration for the deed. It is, of course, true that marriage is a good consideration for a deed, or for a contract generally, but if the deed was executed by the grantor at a time when he was incapable of understanding his act in the execution thereof, his marriage was entered into while in the same state of mind. If one was not binding upon him by reason of the fact that he was mentally incompetent of entering into a valid contract the other may be avoided for the same reason. In these circumstances it cannot be said that the marriage ceremony to which the plaintiff and defendant were parties formed a valid consideration for the execution of said deed. The judgment is affirmed.

20 Controversial Essay Topics Hot Issues on Human Rights as a Form of Imperialism

20 Controversial Essay Topics Hot Issues on Human Rights as a Form of Imperialism If you are looking for a potential topic for your controversial essay on Human Rights as a Form of Imperialism, then look no further. Below are some sample essay topics that might be suitable for your next writing assignment. Remember that these are only meant to guide you and in some cases they may not be the most suitable selections depending on the guidelines of your assignment: Natural Law and Human Rights Violations Which Governments Use Human Rights as a Form of Imperialism How China Restricts Modern Internet Access to Control Tibet French Imperialistic Traces in Former Colonial Governments How North Korea Uses Limited Teaching, Talking About Threats to the Government, Helping Foreigners and Possessing Books Deemed Wrong as Imperialist Control Methods Portuguese Imperialistic Traces in Former Colonial Governments Governments Surveying Nations and Peoples They Deem as Threat: Human Rights as a Form of Imperialism Comprehensive Surveillance Used as Imperialistic Human Rights Control Measures Dutch Imperialistic Traces in Former Colonial Human Rights as a Form of Imperialism The Use of Continual Communications Monitoring in Businesses as Imperialistic Human Rights Control Measures Corporate Contributions to Western Politicians as Imperialistic Human Rights Control Measures British Imperialistic Traces in Former Colonial States: Human Rights as a Form of Imperialism Companies Using Advertisements to Control News as Imperialistic Human Rights Control Measures Asian Communities and Regimes Using Imperialistic Human Rights as Control Measures Japanese Imperialistic Traces in Former Colonial Governments Prominent Displays of Imperialistic Human Rights Control Measures in Modern Countries Complete International Media Control as Imperialistic Human Rights Control Measure Limited Information Availability as Imperialistic Human Rights Control Measure Belgian Imperialistic Traces in Former Colonial Governments Prevalence of Communication Monitoring as an Imperialistic Human Rights Control Measure These topics are specially designed for you to use together with   our 10 facts on human rights as a form of imperialism with a complete guide on this rare kind of academic work. Below is a sample essay on one of those topics to help give you a better idea of what your controversial essay should really be focused on: Sample Controversial Essay on Natural Law and Human Rights Violations Natural law is a theory of ethics, a theory of politics, religious morality, and civil law. The theory of natural law in terms of ethics can be applied to law, religion, and politics. In essence, natural law is determined by the universe, or human nature. It is most often referred to as the rules which guide moral behavior. Positive law is considered man made while natural law is that which is determined by nature. As such, natural law is a major component of critiquing positive law. Positive cannot be created or known without the foundation of natural law. As such, natural law can be used to determine legal statutes under natural rights or natural justice. Natural law states that certain rights are universally recognized by human nature. English common law, for example, has been greatly affected by natural law thanks to philosophers of the time including Thomas Hobbes and John Locke. Natural law plays a large role within natural rights and is a major component of the Declaration of Independence as well as the United States Constitution. Aristotle emphasizes the difference between nature and law. Law can vary in its command from place to place while nature remains the same in all places. As such, the law of nature was posed as a form of natural justice. Aristotle was said to be the father of natural law (Shellens, 1959, p. 77). Aristotle posits that natural justice is a subsidiary of political justice which should be established within a political community. Socrates argued that law is merely a matter of contract which binds those states men to their duty and to justice. Machiavelli argued that virtu’, even whilst occupying the role of a statesman, is circumstantial; that the best or just action might be considered unjust but is still serving the best interests. Machiavelli was a Western philosopher who was influenced by Greek philosophers such as Plato. Nonetheless, Machiavelli often argues against the philosophy of Plato. Plato believed in rulers who would rule based in moral virtue, which is defined by natural law or rather, guided by natural law. Machiavelli, conversely, believes in what he deemed â€Å"virtu† and suggested that what should be done is whatever was in the best interest of this, natural law aside. Plato speaks of the orderly universe in which we live. In The Republic, Plato suggested that ethics and politics overlapped in terms of their essential features and were, more or less, the same. He did not distinguish between public life and private life, as we do today. No private life was ever kept from the public during his time. During the time of Machiavelli, the reason for the state was to serve the people, not for the people to serve the state. Machiavelli believed that a ruler’s only purpose was making war and protecting citizens from other states’ attacks. This would mean only protecting the natural rights of the citizens of the country, even if it came at the cost of violating the natural rights of other citizens from another country. As such, a ruler was justified in acting in whatever fashion was necessary to maintain the country, even if said act was unjust. Plato argued that a ruler could never be unjust and could never violate natural law. Plato is against the ruler who rules based only on might, as seen in The Republic, and supportive of the idea of natural law or natural human rights. Socrates remained bound by an interest in ethics and natural law. He stated that knowledge gained by an individual is what makes for a good life. Knowledge is strongly identified as virtue. Thereby, if a person can obtain knowledge he or she can also obtain virtue and as such, one can teach virtue, particularly one who is in a position of authority as a leader. Knowledge of natural law would lead to an understanding that certain rights and justices are as natural as human nature and the universe and a continued education in such theory would show leaders and individuals involved in government that these were to remain as such. This creates a foundation for any political and economic system. Since the notion of private and public life being separate entities was not a popular one, Socrates stated that a person must seek knowledge prior t o seeking private interests because knowledge served as the only path to making decisions concurrent with natural law. References: Al-Jubouri, Firas A. J.  Milestones On The Road To Dystopia. Newcastle Upon Tyne, UK: Cambridge Scholars Publishing, 2014. Print. Bergman, Edward F, and William H Renwick.  Introduction To Geography. Upper Saddle River, N.J.: Prentice Hall, 1999. Print. Cortina Orts, Adela.  Covenant And Contract. LLeuven, Belgium: Peeters, 2003. Print. Larkin, Emma.  Finding George Orwell In Burma. New York: Penguin Press, 2005. Print. Larkin, Emma.  Secret Histories. London: John Murray, 2004. Print. Saccarelli, Emanuele, and Latha Varadarajan.  Imperialism Past And Present. Print. Spring, Joel H.  The American School : A Global Context. Print. Zhu, Qian et al.  The Politics Of Everyday Life: Non-Party Leftists In Republican China, 1919-1937. 2011. Print.

Research Essay Example | Topics and Well Written Essays - 2000 words

Research - Essay Example Based on the data from World health organization cigarette smoking and other forms of tobacco use kill more than 4 million people worldwide every year, with about 1.25 billion active smokers worldwide. With the same trends of tobacco use it is estimated that tobacco smoking will kill 8.4 million people a year by year 2020 (WHO 2000). Now even though these numbers are alarming the advertising of tobacco smoking is increasing in volume and specificity. It is estimated that in year 2006 in United States, the 5 largest tobacco companies spend 12.50 billion dollars on advertising, or more accurately more that 34 million dollar per day in advertising and promoting cigarette smoking. What is most important is that the as the cigarette smoking declines, the amount of money spend on advertising is drastically increasing (Slater et al 2007). Also some new price strategies that are designed by the tobacco companies, like price discounts that are paid to wholesaler and large distributors to lowe r the price of the cigarettes, actually lead to increased number of smokers among youth and adolescents in United States (Federal Trade Commission 2006). The advertising in tobacco industry goes as far as designing cigarettes that are specially attractive and appealing to women, where the targeting of women as smokers goes beyond marketing because the companies try to find specific factors of motivation, patterns of social activities associated with smoking, specific product preferences etc. in order to produce gender or age specific products (Carpenter et al 2005). As we can see the tobacco industry is a strong factor that is promoting the use of tobacco neglecting the negative effects of smoking in the process. Since tobacco smoking is a major health problem, the health system has very important role in promoting the negative effect of smoking and its participants: doctors, nurses, public health workers and other medical personnel. As stated by World health organization the public health community and health professionals should lead the way in solving the problem of tobacco use (WHO 2000). The role of health professionals is important because there are studies that show that the chances of smoking cessation increases after a patient receives advice from a health care professional (Fiore et al. 2000). There are many programs in the world designed to reduce the incidence tobacco use among physicians and other health care professionals around the world. There are information’s that indicate that maximum 10 percents of physicians in Australia, Norway, Canada, United States, United Kingdom and other developed countries smoke tobacco. This incidence is much higher among the countries in Europe. As opposite of this up to 40 percent or more of the physicians smoke in France, Italy, Spain, Turkey and other countries in Europe (WHO 1993). This is interesting because the study conducted by Emanuela and Anna 2009 also showed that incidence of tobacco use

Preliminary proposal Research Paper Example | Topics and Well Written Essays - 500 words

Preliminary proposal - Research Paper Example The Germans played an extremely significant role in the origin of the cold war since it held an important strategic position. This took place through a number of transformations among the Germans. It was additionally, contributed by the post war international order that resulted from the inter-Allied work on denaziation. The main contributions of the cold war included the rationalist aspects that were caused by the interaction between superpowers. A particular emphasis is placed on the legal and diplomatic framework that sustained not only the way the German question was treated but, also the examination of the interaction between superpowers in relation to the way that they enforced their structural interests. Thus, it is because of the interactions between the elements related to coexistence and intervention, the German question that is analyzed from a systematic standpoint was made up of the most significant issue in the configuration of the international order that was given after the war (Lewcowicz 14). There was a rough relationship between the US and the USSR since the year 1919. However, the USSR did not have a global reach. As such, most of the conflict was performed by local and homegrown communist parties alongside the government that is currently in power. Nonetheless, this only lasted when in 1983; the Spanish Civil War resulted in people all over the world taking sides (14). The start of the cold war that took place between 1947 and 1953 took place after the Second World War. Its main origin was the Truman Doctrine that took place in 1947 up to the end of the Korean War in 1953. It lasted through most part of the 20th century (40). The connection between the German question and the cold war is relevant to the course materials since it makes it possible to link with other events such as the frequency with which France and German, which includes Prussia as its key component have been at war frequently. These are the Franco-Prussian war