Thursday, October 31, 2019
Bradtech Limited Company Essay Example | Topics and Well Written Essays - 1000 words
Bradtech Limited Company - Essay Example Apart from this the balanced scorecard focuses on integrating the output or performance different departments and units of the organisation in order to generate more effective consolidated end result (Lawrie & Cobbold, 2004). In this case analysis, the initial process of balanced scorecard has been utilised i.e. the generation of the important performance measures and indicators for the company. If the organisation will review and monitor these performance indicators on regular basis then there will be better control over the overall output and profits of the organisation. Overview of the Company: Bradtech is a subsidiary of another manufacturing company. It is currently facing a very stiff environment. The company under capital constraint from the parent company needs to expand its current capacity. But to this decision are affecting further conditions also: one of the major products of the company is losing its utility and thereby is facing a shrinking market; the other product alt hough new has its own set of constraints. One major constraint is its ability to be customised which requires prior ordering before manufacturing; this entails a vibrant supply chain which unfortunately the company does not have. All these restraints are not allowing the company to operate or compete effectively. Key Factors which should be Considered by Bradtech: Bradtech should prepare counter measures for the shrinking market share of its flagship product (product A). Whereas for its other product (product B), which needs to be customised as per the buyers demand, the company should adopt a pull based strategy to avoid inventory holding cost (Northcott and Smith, 2011). For this it needs to restructure its supply chain and make it vibrant, sensitive and efficient. Other key factor which should be considered is: relationship build with customers; who demand on time delivery, honest technical advice, good quality and product reliability. The company should come up with some form of competitive advantage at the service level to gain customers and prevent getting engaged in price competition. The company should keep track of its processes and try to minimise cost to raise its profit margins. For product A, it can be assumed that no new competitor will enter the market, looking at the current market crisis, so Bradtech should offer some sort of price benefits to capture more market share. Bradtech also has to utilise its capacity optimally because it is highly unlikely that it would receive additional funds to expand its current capacity. In this endeavour the company needs to undergo stringent capacity and space planning. The company also need to keep its parent company interested in its operations because if the parent company starts to believe that the Strategic Business Unit (SBU) is creating more trouble than it could handle, than the parent company may start thinking about divesture. Other key factor to consider would be the rising buyersââ¬â¢ power and the buyersââ¬â¢ tactics to play one supplier against other. Since the product has no additional offering the company will keep facing this
Tuesday, October 29, 2019
Task Archetype Essay Example for Free
Task Archetype Essay Every man is born with a task which he must fulfill and if he is successful, the world recognizes him for it. Fate is unarguably the main factor that pushes a man towards his task; he is nothing but fates puppet. Task can be as simple as finishing homework which will get you good marks, to complex things such as deciding your familys fate through your actions. The situational archetype of The Task is precisely analyzed and adapted in Mario Puzos novel The Godfather, Francis Ford Coppolas The Godfather Part 1 and 2 movie and The Real Godfather documentary. The archetype ââ¬Å"The taskâ⬠is well explained and adapted in the novel, The Godfather. Michael Corleone is one of the main protagonists who demonstrates his task perfectly. Michael, a war-hero, never wishes to get involved in his family business and yet is forced to get involved as life plays its tricks on him. Vito Corleone, Michaelââ¬â¢s father and the Mafia boss of the Corleone family, is almost assassinated by hitmens (Puzo, 78-79) and is admitted in a hospital. Shortly after Michael visits his father in the hospital, Cpt. McCluskey arrives and punches Michael in the face, breaking his jaw for showing disrespect to him (Puzo, 129-130). This is the triggering point of Michaelââ¬â¢s fate of him getting involved in the familyââ¬â¢s business because the hit was not to his body but to his fatherââ¬â¢s life and his pride. Michael accepts and performs his task of enormous proportion by volunteering to take out the enemies of the family (Puzo, 135-136). This superhuman deed of Michael fulfilling his task identifies him and allows him to assure his rightful position in the family as the future Don Corleone. The task is also portrayed in the movies: Godfather part 1 and 2. In part 1, Michael Corleone visually displays his task being fulfilled. When Michael Corleone is set to get revenge for his father as discussed in the previous paragraph, Michaelââ¬â¢s older brother Sonny Corleone says, ââ¬Å"Youââ¬â¢re taking this very personal [â⬠¦] this man is taking it very, very personalâ⬠(Godfather I) and Michael coldly replies, ââ¬Å"Itââ¬â¢s not personal Sonny, itââ¬â¢s strictly businessâ⬠(God father I). Michaelââ¬â¢s resolve is so strong to achieve his task only due to the fateful circumstances that lead him towards it. Don Vito Corleone often tells Michael that, ââ¬Å"Every man has but one destinyâ⬠(Godfather I) meaning that a member of a Mafia family cannot defy his fate. This is proven as unfortunate circumstances in Michaelââ¬â¢s life get him involved in the family which has always been his fateful task. In Godfather II, Michael is shown fulfilling his task but atà the same time facing many hardships such as assassination attempts and losing his family. This shows how Michael fulfills his fateful task while facing the harshest problems any man in the world can face. Finally, the task archetype influences the thinking of everyday people in the world and this is shown through the documentary: The Real Godfather. This documentary basically shows how world of mobsters was influenced by the Godfather series and vice-versa. In the late 1970s, Mario Puzoââ¬â¢s novel The Godfather was an instant success globally and Paramount pictures wanted to turn this epic classic novel into an epic classic movie which was their task. Little did they know the gravity of problems they were going to face later on. Since Godfather was based on Italian-Americans, a civil-rights league of Italian-Americans decided to be not in favor of the movie as it exposed their people too much. The league had connections with the mobs of New York City, who threatened the directors and producers of Paramount.
Sunday, October 27, 2019
Data storage in Big Data Context: A Survey
Data storage in Big Data Context: A Survey Data storage in Big Data Context: A Survey A.ELomari, A.MAIZATE*, L.Hassouni# RITM-ESTC / CED-ENSEM, University Hassan II Abstract- As data volumes to be processed in all domains; scientific, professional, social à ¢Ã¢â ¬Ã ¦etc., are increasing at a high speed, their management and storage raises more and more challenges. The emergence of highly scalable infrastructures has contributed to the evolution of storage management technologies. However, numerous problems have emerged such as consistency and availability of data, scalability of environments or yet the competitive access to data. The objective of this paper is to review, discuss and compare the main characteristics of some major technological orientations existing on the market, such as Google File System (GFS) and IBM General Parallel File System (GPFS) or yet on the open source systems such as Hadoop Distributed File System (HDFS), Blobseer and Andrew File System (AFS), in order to understand the needs and constraints that led to these orientations. For each case, we will discuss a set of major problems of big data storage management, and how they were addressed in order to provide the best storage services. Introduction Todays, the amount of data generated during a single day may exceed the amount of information contained in all printed materials all over the world. This quantity far exceeds what scientists have imagined there are just a few decades. Internet Data Center (IDC) estimated that between 2005 and 2020, the digital universe will be multiplied by a factor of 300, so it will pass from 130 Exabyte to 40,000 Exabyte, the equivalent ofÃâà more than 5,200 gigabytes for each person in 2020Ãâà [[i]]. The traditional systems such as centralized network-based storage systems (client-server) or the traditional distributed systems such as NFS, are no longer able to respond to new requirements in terms of volume of data, high performance, and evolution capacities. And besides their cost, a variety of technical constraints are raised, such as data replication, continuity of services etc.Ãâà Ãâà Ãâà In this paper, we try to discuss a set of technologies used in the market and that we think the most relevant and representative of the state of the art in the field of distributed storage systems. What is Distributed File systems (DFS) A distributed file system (DFS) is a system that allows multiple users to access, through the network, a file structure residing on one or more remote machines (File Servers) using a similar semantics to that used to access the local file system. This is a client / server architecture where data is distributed across multiple storage spaces usually called nodes. These nodes consist of a single or a small number of physical storage disks residing usually in basic equipment, configured to only provide storage services. As such, the material can be relatively low cost. As the material used is generally inexpensive and by large quantities, failures become unavoidable. Nevertheless, these systems are designed to be tolerant to failure by having recourse to data replication which makes the loss of one node an event of minimal emergency because data is always recoverable, often automatically, without any performance degradation. A. Andrew File System(AFS) architecture AFS (or OpenAFS currently) is a standard distributed file system originally developed by Carnegie Mellon University. It is supported and developed as a product by Transarc Corporation (now IBM Pittsburgh Labs). It offers a client-server architecture for federated file sharing and distribution of replicated read-only content [[ii]]. AFS offers many improvements over traditional systems. In particular, it provides the independence of the storage from location, guarantees system scalability and transparent migration capabilities.As shown in Figure 1, the distribution of processes in AFS can be summarized as follows: A process called Vice is the backbone of information sharing in the system; it consists of a set of dedicated file servers and a complex LAN. A process called Venus runs on each client workstation; it mediates access to shared files [[iii]]. Figure 1 : AFS Design . AFS logic assumes the following hypothesis [[iv]]: Shared files are rarely updated and local user files will remain valid for long periods. An allocation of a large enough local disk cache, for example 100 MB, can keep all users files. Using the client cache may actually be a good compromise to system performance, but it will only be effective if the assumptions adopted by AFS designers are respected, otherwise this can make a huge issue for data integrity. B. Google File System (GFS) architecture Another interesting approach is that proposed by GFS, which is not using special cache at all. GFS is a distributed file system developed by Google for its own applications. Google GFS system (GFS cluster) consists of a single master and multiple Chunkservers (nodes) and is accessed by multiple clients, as shown in Figure 2 [[v]].Each of these nodes is typically a Linux machine running a server process at a user level. Figure 2 : GFS Design The files to be stored are divided into pieces of fixed size called chunks. The Chunkservers store chunks on local disks as Linux files. The master maintains all metadata of the file system. The GFS client code uses an application programming interface (API) to interact with the master regarding transactions related to metadata, but all communications relating to the data themselves goes directly to Chunkservers. Unlike AFS, neither the client nor the Chunkserver use a dedicated cache. Customers caches, according to Google, offer little benefit because most applications use large which are too big to be cached. On the other hand, using a single master can drive to a bottleneck situation. Google has tried to reduce the impact of this weak point by replicating the master on multiple copies called shadows which can be accessed in read-only even if the master is down. C. Blobseer architecture Blobseer is a project of KerData team, INRIA Rennes, Brittany, France[[vi]]. The Blobseer system consists of distributed processes (Figure 3), which communicate through remote procedure calls (RPC). A physical node can run one or more processes and can play several roles at the same time. Figure 3 : Blobseer Design Unlike Google GFS, Blobseer do not centralize access to metadata on a single machine, so that the risk of bottleneck situation of this type of node is eliminated. Also, this feature allows load balancing the workload across multiple nodes in parallel. D. Hadoop Distributed File System (HDFS) The Hadoop Distributed File System (HDFS) is a component of Apach Hadoop project [[vii]]. HDFS is highly fault-tolerant and is designed to be deployed on low-cost hardware. As shown in figure 4, HDFS stores file system metadata and application data separately. As in other distributed file systems, HDFS stores metadata on a dedicated server, called the NameNode. Application data are stored on other servers called DataNodes [[viii]]. Figure 4: HDFS Design There is one NameNode per cluster and it makes all decisions regarding replication of blocks [[ix]]. Data Storage as blob The architecture of a distributed storage system must take into consideration how files are stored on disks. One smart way to make this possible is to organize these data as objects of considerable size. Such objects, called Binary Large Objects (BLOBs), consist of long sequences of bytes representing unstructured data and can provide the basis for a transparent data sharing of large-scale. A BLOB can usually reach sizes of 1 Tera Byte (TB). Using BLOBs offers two main advantages: The Scalability: Maintaining a small set of huge BLOBs including billions of small items is much easier than directly managing billions of small ones. The simple mapping between the application data and file names can be a big problem compared to the case where the data are stored in the same BLOB and that only their offsets must be maintained. The Transparency: A data management system based on shared BLOBs, uniquely identifiable through ids, relieves application developers of the burden of explicit management and transfer of their locations on the codes. The system thus offers an intermediate layer that masks the complexity of access to data wherever it is stored physically [[x]]. Data striping Data striping is a well-known technique for increasing the data access performances. Each BLOB or file is divided into small pieces that are distributed across multiple machines on the storage system. Thus, requests for access to data may be distributed over multiple machines in parallel way, allowing achieving high performances.Two factors must be considered in order to maximize the benefits of this technique: Configurable strategy of distribution of chunks: Distribution strategy specifies where to store the chunks to achieve a predefined goal. For example, load balancing is one of the goals that such strategy can allow. Dynamic configuration of the size of the chunks: If the chunks size is too small, applications would have to retrieve the data to be processed from several chunks. On the other hand, the use of too large chunks will complicate simultaneous access to data because of the increasing probability that two applications require access to two different data but both stored on the same chunk. A lot of systems that use this type of architecture, such as GFS and Blobseer use a 64 MB sized chunks, which seems to be the most optimized size for those two criteria. concurrency Processing concurrency is very dependent on the nature of the desired data processing and of the nature of data changes. For example, Haystack system that manages Facebook pictures which never changes [[xi]], will be different from Google GFS or IBM General Parallel File System (GPFS) which are managing a more dynamic data. The lock method is used by many DFS to manage concurrency and IBM GPFS has developed a more effective mechanism that allows locking a byte range instead of whole files/blocks (Byte Range Locking) [[xii]]. GFS meanwhile, offers a relaxed consistency model that supports Google highly distributed applications, but still relatively simple to implement. Blobseer developed a more sophisticated technique, which theoretically gives better results. The snapshot approach using versioning that Blobseer brings is an effective way to meet the main objectives of maximizing competitive access [[xiii]]. The disadvantage of such a mechanism based on snapshots, is that it can easily explode the required physical storage space. However, although each write or append generates a new version of the blob snapshot, only the differential updates from previous versions are physically stored. DFS Benchmark As we have detailed in this article, generally there is no better or worse methods for technical or technological choices to be adopted to make the best of a DFS, but rather compromises that have to be managed to meet very specific objectives. In Table 2, we compare five distributed file systems: GFS, GPFS, HDFS, AFS and Blobseer. Choosing to compare only those specific systems despite the fact that the market includes dozens of technologies is led particularly by two points: 1. It is technically difficult to study all systems in the market in order to know their technical specifications, especially as several of them are proprietary and closed systems. Even more, the techniques are similar in several cases and are comparable to those of the five we compared. 2. Those five systems allow making a clear idea about the DFS state of the art thanks to the following particularities: GFS is a system used internally by Google, which manage huge quantities of data because of its activities. GPFS is a system developed and commercialized by IBM, a global leader in the field of Big Data HDFS is a subproject of HADOOP, a very popular Big Data system Blobseer is an open source initiative, particularly driven by research as it is maintained by INRIA Rennes. AFS is a system that can be considered as a bridge between conventional systems such as NFS and advanced distributed storage systems. In Table 2, we compare the implementation of some key technologies in those five systems. Analysis of the results of Table 2 leads to the following conclusions: The five systems are expandable in data storage. Thus, they cover one of the principal issues that lead to the emergence of Distribute File System. Only Blobseer and GPFS offer the extensibility of metadata management to overcome the bottleneck problem of the master machine, which manage the access to metadata. Except AFS, all studied systems are natively tolerant to crash, relying essentially on multiple replications of data. To minimize the lag caused by locking the whole file, GPFS manage locks on specific areas of the file (Byte range locks). But the most innovative method is the use of versioning and snapshots by Blobseer to allow simultaneous changes without exclusivity. Except AFS, all systems are using the striping of data. As discussed earlier; this technique provides a higher input / output performance by striping blocks of data from individual files over multiple machines. Blobseer seems to be the only one among the systems studied that implements the storage on blobs technique, despite the apparent advantages of such technique. To allow a better scalability, a DFS system must support as much operating systems as possible. But while AFS, HDFS and GPFS à ¢Ã¢â ¬Ã¢â¬ ¹Ã ¢Ã¢â ¬Ã¢â¬ ¹ supports multiple platforms, GFS and Blobseer run exclusively on Linux, this can be explained partly by the commercial background of AFS, HDFS and GPFS. Using a dedicated cache is also a point of disagreement between systems. GFS and Blobseer consider that the cache has no real benefits, but rather causes many consistency issues. AFS and GPFS uses dedicated cache à ¢Ã¢â ¬Ã¢â¬ ¹Ã ¢Ã¢â ¬Ã¢â¬ ¹on both client computers and servers. HDFS seems to use dedicated cache only at client level. Conclusion In this paper, we reviewed some specifications of distributed file storage systems. It is clear from this analysis that the major common concern of such systems is scalability. A DFS should be extendable with the minimum cost and effort. In addition, data availability and fault tolerance remains among the major concerns of DFS. Many systems tend to use non expensive hardware for storage. Such condition will expose those systems to frequent or usual breakdowns. To these mechanisms, data striping and lock mechanisms are added to manage and optimize concurrent access to the data. Also, Working on multiples operating systems can bring big advantages to any of those DFS. None of these systems can be considered as the best DFS in the market, but rather each of them is excellent in the scope that it was designed for. Table 2 Comparative table of most important characteristics of distributed file storage GFS by Google GPFS IBM HDFS Blobseer AFS (OPEN FS) Data Scalability YES YES YES YES YES Meta Data Scalability NO YES NO YES NO Fault tolerance Fast Recovery.Chunk Replication.Master Replication. Clustering features.Ãâà Synchronous and asynchronous data replication. Block Replication.Secondary NameNode. Chunk ReplicationMeta data replication NO Data access Concurrency Optimized for concurrentÃâà appends Distributed byte range locking Files have strictly one writer at any time YES Byte-range file locking Meta Data access Concurrency Master shadows on read only Centralizedmanagement NO YES NO Snapshots YES YES YES YES NO Versioning YES unknown NO YES NO Data Striping 64 MB Chunks YES YES (Data blocks of 64 MB) 64 MB Chunks NO Storage as Blobs NO NO NO YES NO Supported OS LINUX AIX, Red Hat, SUSE , Debian Linux distributions, Windows Server 2008 Linux and Windows supported , BSD, Mac OS/X, Open Solaris known to work LINUX AIX, Mac OS X, Darwin, HP-UX, Irix, Solaris, Linux, Windows, FreeBSD, NetBSD OpenBSD Dedicated cache NO YES by AFM technology YES (Client) NO YES []Ãâà Ãâà John Gantz and David Reinsel. THE DIGITAL UNIVERSE IN 2020: Big Data, Bigger Digital Shadows, and Biggest Growth in the Far East. Tech. rep. Internet Data Center(IDC), 2012. [2]Ãâà Ãâà OpenAfs : www.openafs.org/ [3]Ãâà Ãâà Monali Mavani : Comparative Analysis of Andrew Files System and Hadoop Distributed File System, 2013. [4]Ãâà Ãâà Stefan Leue : Distributed Systems Fall, 2001 [5]Ãâà Ãâà Sanjay Ghemawat, Howard Gobioff, and Shun-Tak Leung Google* : The Google File System. [6]Ãâà Ãâà Blobseer: blobseer.gforge.inria.fr/ [7]Ãâà Ãâà Hadoop: hadoop.apache.org/ [8]Ãâà Ãâà Konstantin Shvachko, Hairong Kuang, Sanjay Radia, Robert Chansler Yahoo!: The Hadoop Distributed File System, 2010. [9]Ãâà Ãâà Dhruba Borthakur : HDFS Architecture Guide, 2008. [0]Ãâà Ãâà Bogdan Nicolae, Gabriel Antoniu, Luc Boug_e, Diana Moise, Alexandra, Carpen-Amarie : BlobSeer: Next Generation Data Management for Large Scale Infrastructures, 2010. [1]Ãâà Ãâà Doug Beaver, Sanjeev Kumar, Harry C. Li, Jason Sobel, Peter Vajgel, Facebook Inc: Finding a needle in Haystack: Facebooks photo storage, [2]Ãâà Ãâà Scott Fadden,Ãâà An Introduction to GPFS Version 3.5, Technologies that enable the management of big data, 2012. [3]Ãâà Ãâà Bogdan Nicolae,Diana Moise, Gabriel Antoniu,Luc BougÃâà ´e, Matthieu Dorier : BlobSeer: Bringing High Throughput under Heavy Concurrency to Hadoop Map-Reduce Applications, 2010.
Friday, October 25, 2019
Politics and Poverty Essay -- Essays on Politics
Politics and Poverty Today there is a split in American politics on how to combat poverty. Throughout history, how America combats poverty has changed depending on what party is running the government. There has been a number of different parties however, Republican, Democrat, The Bull Moose Party, and other various ones. However, these views can be put into two main categories: The Liberal ideology and the Conservative ideology. There are three areas, which have broad and differing views on how to combat poverty. Those three being, Welfare, Social Security, and Taxes. The following arguments present how those different perspectives affect the poverty issue in America today. Conservative Ideology Conservatives generally go with the perspective that less is more. Most would side with the argument that less government action is a better approach for society as a whole. Rather than promoting the idea of social equality, like the Liberal perspective, they promote social inequality. Most would like little government regulation and intervention of economy. Conservatives have the "big business" and "trickle down" theory, that even though the rich stay rich, their wealth will eventually reach the poor and poverty-stricken. Liberal Ideology Liberals usually have the perspective that the government should help the people much more than they do presently, with more programs such as welfare (etc.). Liberals generally agree that the government should intervene, regulate, and promote the economy and ensure fairness in society always. Government policies are indeed needed and necessary for citizens to fulfill their daily needs. Most also do agree with a "free-market" society, however, they stress the need for government policies. Welf... ...Radio Address on the Economy." Democratic National Committee. Raul Grijalva. 26 Oct. 2002. http://www.democrats.org/news/200210300002.html "Senate Republicans Back President's Welfare Reform Plan." United States Senate Republican Policy Committee. 18 June 2002. 8 Dec. 2002 <http://www.senate.gov/~rpc/releases/1999/wf061802.htm> "Highlights of the Libertarian Party's 'Ending the Welfare State' Proposal." Libertarian Party: The Party of Principle. 1994-2001. 8 Dec. 2002. <http://www.lp.org/issues/welfare.html> "Who Gets Welfare?" Feminist Majority Foundation. 1996. 8 Dec. 2002. <http://www.feminist.org/other/budget/welfare/welfare.htm> Rector, Robert. Implementing Welfare Reform and Restoring Marriage. "Liberal Views on the Issues." Liberal Politics: U.S. What you need to know about. 8 Dec. 2002. < http://usliberals.about.com/library/blisswelfare.htm>
Thursday, October 24, 2019
Broken Family Essay
Family is the basic unit of society. This is the most essential component of a country. Governance will only be effective if the citizens are properly oriented with good values and virtues, which is commonly taught by the family. A home is where a family lives. It may be alternated to the word ââ¬Ëhouseââ¬â¢ but a house is more appropriately referring to the material structure, whereas ââ¬Ëhomeââ¬â¢ refers to the intangible things that bind together the family members. It is the immeasurable love and care that keeps together the mother, father and their children. However, no matter how ideal a family in the terms of their relationship, there are still hardships and misunderstandings that will come along the way. It is just part of any relationship anyway. But, the sad part is when one of the family members gave up and the others have no choice but to accept and let go. Thus, the family starts to be broken. Broken Family is a family with children involved where parents are legally or illegally separatedâ⬠¦whose parents have decided to go and live their lives separately for several reasons/problems. Too many arguments that might lead to divorce and the parents divide their children. But I believe its mostly cause by drugs or money. Too much money leads to arguments and greediness which causes to forget about love and divorce. Too poor leads to depression and arguments and feels like they have to split up and start over. Drugs messes with someones head and they mostly die or the family leaves that person behind for the cause of the childrenââ¬â¢s growing. But its not all parents, some teenagers runs away from home, of course, with their own reasoning. Some parentââ¬â¢s children die and it causes them to split. For the cause of the childââ¬â¢s growing, they divorce and find some place else . Or sometimes, its work. Not working too much or a workaholic may lead up for a broken family. Or if someone dies, then of course theyââ¬â¢re broken inside the most. Though your answer is very good, I think you miss one detail. Another cause for a broken family, is abuse. Maybe the parents or parent hits the kids, and wife. Or maybe the son hits the parents. I think that is a very big reason in why many familyââ¬â¢s are broken. Yes, still thereââ¬â¢s one detail also that you may include, when the relatives of each party join to the problem or favors a parties (and sometimes itââ¬â¢s the parents of each party will suggest to them to separate). Or because the husband or wife having an affair. Thatââ¬â¢s why many FAMILIES break up. maybe one of the reasons of family breake up is the wife is very secretive to his husband for all times, and lack of trust in each parties. And thereââ¬â¢s one more if the wife didnââ¬â¢t respect there husband due to high salary compare to a head of the family there will be conflict. And guys lastly Jealousy is one of the big reason why thereââ¬â¢s so many BROKEN FAMILY, but its OK if the wife understands the husband feelings and avoid the person that heââ¬â¢ jealous of. But if not we are guys only knows what is the next part of our lives.
Wednesday, October 23, 2019
Lord Woolfââ¬â¢s Reforms
Essay Title: ââ¬Å"Although settlement, rather than litigation, poses a number of problems for a civil justice system these matters have been largely resolved by Lord Woolfââ¬â¢s reforms. â⬠What is civil justice system? There are several definitions for the civil justice system. Every civilized system of government requires that the state should make available to all its citizens a means for the just and peaceful settlement of disputes between them as to their respective legal rights. The means provided are courts of justice to which every citizen has a constitutional right of access.Lord Diplock in Bremer Vulkan Schiffb au and Maschinenfabrik v South India Shipping Corp. [1981] AC 909, HL, p. 976. The justification of a legal system and procedures must be one of lesser evils, that legal resolution of disputes is preferable to blood feuds, rampant crime and violence. M. Bayles, ââ¬ËPrinciples for legal procedureââ¬â¢, Law and Philosophy, 5:1 (1986), 33ââ¬â57, 57. The first impulse of a rudimentary soul is to do justice by his own hand. Only at the cost of mighty historical efforts has it been possible to supplant in the human soul the idea of self-obtained justice by the idea of justice entrusted to authorities.Eduardo J. Couture, ââ¬ËThe nature of the judicial processââ¬â¢, Tulane Law Review, 25 (1950), 1ââ¬â28, 7. There have been over 60 official reports on the subject of civil processing the past. Latest published reports were Evershed Report in 1953, the report of the Winn Committee in 1968, the Cantley Working Party in 1979, the Civil Justice Review in the late 1980s and the Woolf. All those reports are focused on the same objects like how to reduce complexity, delay and the cost of civil litigation. What are the problems before reforms?This is a mere compare of the pre-Woolf and post-Woolf civil landscape without baseline statistics. As research for the Department of Consumer Affairs (DCA) on the pre-Woolf litigation landscap e (pre-1999) demonstrates that: * 50% ââ¬â 83% of defended cases in the county courts were personal injury (PI) claims * overall at least 75% of cases were within the small claims or fast track financial limit; in most courts this figure was 85% or more * the higher the value of the claim, the more likely both sides were to have legal representation * PI cases had high settlement rates and a small number of trials.Non-PI cases had a higher proportion of trials, and a much higher proportion of cases withdrawn. Debt cases were most likely to end in trial (38%) and in all of those the claimant succeeded. In 96% of all cases going to trial the claimant was successful * In all types of cases 50% of awards or settlements were for ? 1,000 ââ¬â ? 5,000, and a further 25% ââ¬â 33% were for ? 5,000 ââ¬â ? 10,000. Costs in non-PI cases were relatively modest, and in PI cases around 50% had costs of ? 2,000 or less, 24% had over ? 4,000. Wolf ReformsLord Woolfââ¬â¢s approach to reform was to encourage the early settlement of disputes through a combination of pre-action protocols, active case management by the courts, and cost penalties for parties who unreasonably refused to attempt negotiation or consider ADR. Such evidence as there is indicates that the Woolf reforms are working, to the extent that pre-action protocols are promoting settlement before application is made to the court; most cases are settling earlier, and fewer cases are settling at the door of the court.In fact, most cases are now settled without a hearing. Lord Woolf, Access to Justice (Final Report, July 1996), identified a number of principles which the civil justice system should meet in order to ensure access to justice. The system should: (a) Be just in the results it delivers; (b) Be fair in the way it treats litigants; (c) Offer appropriate procedures at a reasonable cost; (d) Deal with cases with reasonable speed; (e) Be understandable to those who use it; (f) Be responsive to the needs of those who use it; g) Provide as much certainty as the nature of the particular case allows; and (h) Be effective: adequately resourced and organized. The defects Lord Woolf identified in our present system were that it is: (a) Too expensive in that the costs often exceed the value of the claim; (b) Too slow in bringing cases to a conclusion; (c) Too unequal: there is a lack of equality between the powerful, wealthy litigant and the under resourced litigant; (d) Too uncertain: the difficulty of forecasting what litigation will cost and how long it will last induces the fear of the unknown; (e) Incomprehensible to many litigants; f) Too fragmented in the way it is organized since there is no one with clear overall responsibility for the administration of civil justice; and (g) Too adversarial as cases are run by the parties, not by the courts and the rules of court, all too often, are ignored by the parties and not enforced by the court. The Basic Reforms of Woolf A syst em is needed where the courts are responsible for the management of cases. The courts should decide what procedures are suitable for each case; set realistic timetables; and ensure that the procedures and timetables are complied with.Defended cases should be allocated to one of three tracks: (a) An expanded small claims jurisdiction with a financial limit of ? 3,000; (b) A new fast track for straightforward cases up to ? 10,000, with strictly limited procedures, fixed timetables (20-30 weeks to trial) and fixed costs; and (c) A new multi-track for cases above ? 10,000, providing individual hands on management by judicial teams for the heaviest cases, and standard or tailor made directions where these are appropriate.Lord Woolf's Inquiry was also asked to produce a single, simpler procedural code to apply to civil litigation in the High Court and county courts. The Final Report was accompanied by a draft of the general rules which would form the core of the new code. Pros and Cons of wolf reforms * However, costs have increased, or have at least been front-loaded. In particular, in cases where mediation has been attempted and agreement has not been reached, costs are clearly higher for the parties. * Litigation will be avoided wherever possible.People will be encouraged to start court proceedings to resolve disputes only as a last resort, and after using other more appropriate means when available. * Litigation will be less adversarial and more co-operative. There will be an expectation of openness and co-operation between parties from the outset, supported by pre-litigation protocols on disclosure and experts. * Litigation will be less complex. There will be a single set of rules applying to the High Court and the county courts. The rules will be simpler. * The timescale of litigation will be shorter and more certain.All cases will progress to trial in accordance with a timetable set and monitored by the court. * The cost of litigation will be more affordable, more predictable, and more proportionate to the value and complexity of individual cases. There will be fixed costs for cases on the fast track. Estimates of costs for multi-track cases will be published or approved by the court. * Parties of limited financial means will be able to conduct litigation on a more equal footing. Litigants who are not legally represented will be able to get more help from advice services and from the courts. There will be clear lines of judicial and administrative responsibility for the civil justice system. The Head of Civil Justice will have overall responsibility for the civil justice system. * The structure of the courts and the deployment of judges will be designed to meet the needs of litigants. Heavier and more complex civil cases will be concentrated at trial centers which have the resources needed, including specialist judges, to ensure that the work is dealt with effectively. * Judges will be deployed effectively so that they can manage litiga tion in accordance with the new rules and protocols.Judges will be given the training they need to manage cases. * The civil justice system will be responsive to the needs of litigants. Courts will provide advice and assistance to litigants through court based or duty advice ; assistance schemes, especially in courts with substantial levels of debt and housing work. Final conclusion It can be concluded, overall the Reforms were supported by both branches of the legal profession, judiciary and both the lay and the legal press welcomed them. Promoting settlement and avoiding litigation can be the iggest boon to litigants who otherwise when get entangled in the costly and everlasting court procedures suffer a lot. The reforms intended to focus on reduction in cost and delay, however they did not escape criticism and reduction in cost is still considered to be a debatable area. But the reforms were a step in the right direction and were deemed triumphant as they have resulted in justice being accessible to wider proportion of society especially when problem is of small nature and can be quickly and cheaply dealt with in lower courts.Wholistically, the advantages of the Reforms outshine the disadvantages. The reforms were a positive way for the future; still a lot of work needs to be done in a few areas for making timely, inexpensive justice available to the lay man. Reduction in cost of litigation as a consequence of reforms was not fully realized but nonetheless it cannot be said that reforms had a detrimental impact on civil justice overall as timely exchange of information between the parties does promote culture of co-operation and settlement if not always and as a result of the reforms problem of delay in litigation were well catered.There was a move away from the adversarial culture and increase in out of court settlements was seen. It can be concluded that the foundation stone for a better and prosperous litigation culture has been laid, what needs to be do ne now is to rectify the shortcomings of the Woolf reforms and build on the so called revolutionary much needed positive reforms aiming to avoid litigation and promoting timely settlement of disputes, so that parties no longer are faced with the never ending litigation process.Bibliography * http://www. lawteacher. net/english-legal-system/lecture-notes/civil-justice-review. php * Cambridge University Press: 978-0-521-11894-1 ââ¬â Judging Civil Justice: Hazel Genn: Excerpt * D. Gladwell, ââ¬ËModern Litigation Culture: the first six months of the Civil Justice reforms in England and Wales' 19 Civil Justice Quarterly, 2000 pp. 9-18 * Gary Slapper and David Kelly, The English Legal System 9th edition, Routledge. Cavendish, Chapter 9(The Civil Process), pg 369. * P.
Tuesday, October 22, 2019
Tectonic Plates and The Plate Tectonics Theory essays
Tectonic Plates and The Plate Tectonics Theory essays For millions of years, tectonic plates have been determinate of changes in the physical face of the earth, and they continue to do so today. These massive plates move underneath the surfaces of the oceans and the continents, producing earthquakes, volcanoes and uplifts. This paper will discuss the composition, movement and history of tectonic plates, the theory of plate tectonics and its history, and tectonic plates affect the surface of the earth today and will continue to do so in the future. The earth is divided into three main layers: the core, the mantle and the crust. The core is further divided into the solid inner core and the liquid outer core. This layer is mostly iron and nickel and is extremely hot. The mantle is divided into the lower and upper mantle and is composed mostly of iron, magnesium, silicon, and oxygen. The outermost layer, which contains all life on earth, is the crust. This layer is rich in oxygen and silicon as well as aluminum, iron, magnesium, calcium, potassium, and sodium. It is in between the crust and the mantle that we find tectonic plates. The outermost layers of the earth are divided into two categories based on their physical properties. The asthenosphere is the lower of these categories, composed of clastic or flowing mantle. The upper layer is known as the lithosphere and contains both the top, rigid layer of the mantle and the crust. The lithosphere is what makes up the tectonic plates. The composition of these plates is b ased on their location. Plates under the surface of the ocean are made of mostly of basalt, while continental plates are comprised of rocks such as andesite and granite. It is generally believed that there are 12 plates that make up the earths surface. The majority of these plates are a combination of oceanic and continental lithosphere, while the Nazca, Pacific and Juan de Fuca Plates are made up of mostly oceanic lithosphere. Most of the continents ha...
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