Wednesday, May 6, 2020
Company Accounting
Question: Write a memorandum to the board of directors of Medibank Ptv Ltd. it must be memorandum form. report form not mark. Answer: Medibank private limited To: The Board of Directors From: MEDIBANK private limited Date: 25.05.2016 Subject: Memorandum of technical aspects consolidation including annual report with financial statements of the group The main business operation of the group focuses for providing the best health care service with the rising cost. It also focuses on the proper benefit claims that are arranged on the further cooperation with the creation of large and sustainable health care benefits for the growth and increment of the sustainability in the rising market competition (Elliott and Elliott, 2008). It also helps in signifying the values and the overheads management for the creation of proper benefits for the company or the group. Strong performance and the provision of the high quality health care are included for the proper enhancement of the business operations. The group consists of the members that include the community, team and the shareholders that creates support for the company and makes the company to feel proud for the creation of the MEDIBANK Community Fund (Epstein and Lee, 2011). Apart from all these, the company is also enhanced by the innovative ideas provided by the members for the proce ss of innovative implementation. The consolidated statements are helpful for the creation of the limitations which are created for the companys financial statements. It is constructed both by the parent entity as well as the subsidiary entity for the proper maintenance of the individual structures in the group (Holton, 2012). Thus, it facilitates the usage of the enhancement that is created for the proper growth of the business group. Since the subsidiary statements are legally separated from the group, it represents that claims cannot be made by the parent for the increment of the profits in the subsidiary organisation. Hence in this case, MEDIBANK private limited could not claim on the profits that are earned by the MEDIBANK Community Fund (Kieso, Weygandt and Warfield, 2011). It creates the significant differences that in one way are helpful for the company for the considerations of the risks evaluations made during its own evaluation. Thus, the company creates a safeguard for itself for the proper continuation o f the regulations regarding the maintenance of the information related to the financial statements of the company. Henceforth the consolidated statements are prepared by parent entity and the legal entity is created by the subsidiary company (Kieso et al., 2010). There are several different types of funding options available for the business organizations in order to raise requisite finance for the necessary business activities of the company. The companies use to raise fund from the banking institutes, besides this, the companies issue share and debentures for raising funds from the public (Kimmel, Weygandt and Kieso, 2007). Debenture is a debt fund, and for the debenture the companies have to give a fixed interest to the debenture holders, when the term of the debenture will be completed and the companies are obligated to provide this interest along with the capital to the debenture holders in any case whether the companies are making profit or not. Besides this, if the company incurring loss then also the company has to pay the amount capital along with interest to the debenture holders (Spiceland, Sepe and Nelson, 2011). The Medibank is an insurance company, which is mainly focus on the health insurance and it is Australias biggest privat e health insurance company. The company is using both the funding instruments shares and debentures in order to raise fund from the market. For shares the company has to pay share of the profits to the share holders but in case of loss the share holders has also incur the loss (Stittle and Wearing, 2008). Besides this the company has dedicated investors and bankers, from where also the company raise requisite fund for the required activities. The company has to provide bonuses to the shareholders and debentures holders in case of profit. The Medibank Private Limited Company is the owner of the Medibank Health Solution Pty Ltd. The general purpose of the financial statements is to provide information to the users of the financial statements and it is prepared as per the Australia Accounting Standards. The financial statements should be complying with the International Financial Reporting Standards as issued by International Accounting Standards (Warren, Reeve and Fess, 2005). The financial statement of the company reveals the corporate governance statement in order to maximize the corporate performance, maximum returns to the shareholders and its value, sustaining the development and success of the company. It includes risk management processes, corporate governance practices and policies and risk management processes. The audit committee analyses the financial statements of the organization in order to determine the value of the company as well as its performance in the current market environment (Wolf, 2008). The sustainability of the organization can be determined and evaluated on the basis of the inform ation given in the financial statements. The income statement shows the expense, income and profit or loss of the company. It helps to determine the long term performance of the company. The annual report can be categorized as financial, regulatory, strategy and operational risks and it also includes economic sustainability risk. The solvency risk of the company can be analyzed with the help to calculating current ratio, debt equity and financial leverage ratio from the information given in the financial statements (Elliott and Elliott, 2008). The non controlling interest is the amount of interest on the outstanding shares of the organization. The non controlling interest is shown in the balance sheet of the company. The non controlling interests are the amount paid on the outstanding shares of the company within the accounting year. The excess of transferred consideration and amounts of the non controlling interests in acquire over fair value of the share of the group of net assets acquired which is recorded as the goodwill (Epstein and Lee, 2011). On acquisition basis, the group determines the non controlling interests to acquire either at the fair value or at proportionate of the non controlling interest of net identifiable assets of the acquiree. The consolidated balance sheet of the company shows the non controlling interest. The balances, unrealised gains and intercompany transactions between the group organizations are eliminated and the unrealised losses are eliminated till the transaction provides the impairment o f transferred asset. The goodwill use to be improved by the acquisition activities performed by the companies as it indicates good financial health of the company. As at the time of the better financial position the companies use to intend to acquire other companies (Holton, 2012). When the company by the efficient acquisition strategy achieve a good acquisition of a promising company then the reputation of the company is immensely increased. Thus, the acquisition strategy of the company has direct relation on the goodwill of the company. In bargain purchase any of traders either the buyer or the seller use to gain. In case of able to reduce the rate of the object the buyer achieves gain and if the rate of the object is not reduced then the seller do gain. In the financial statement, when the company buy any important thing or sale any important thing then it can be find (Kieso, Weygandt and Warfield, 2011). The foreign currency transactions are taking place in the case of the company MEDIBANK private limited. Thus the risks are also evaluated relating to the foreign currency transactions, for the creation of the growth of the company MEDIBANK private limited. The foreign currency contracts and the other related instrument derivatives are traded by the company. For the proper continuation of the trading, the company MEDIBANK private limited reviews its policies for the betterment of the foreign currency exchanges that also helps in forecasting the growth of the company and also enhances the growth of the limits and the credit expenditures. The trading of the exchanges is also included for the company MEDIBANK private limited which helps n the proper initiation of the expenses (Kieso et al., 2010). Thus it also helps in the initiation of the interests that are created by the company for the proper enhancement of the investments. The companys risks are also related to the foreign exchanges that are created for the enhancement of the policies. The subsidiary company that are referred for the foreign subsidiary are the MEDIBANK Community Fund and the HATCHTECH Pty Limited. The HATCHTECH Pty Limited is a company of Biotechnology that is related to the international Federation of the Health plans. The other subsidiaries for the company are the Australian Health Management Group Pty Ltd and MEDIBANK Health Solutions Pty Ltd with their individual companies is also related to the growth of the company. As per the accounting of the financial statements, these companies consist of the current balances which consist of the ordinary shares (Kimmel, Weygandt and Kieso, 2007). It also helps in the generation of the proper structures for the environment and thus it also helps the company MEDIBANK private limited for the proper continuation of the foreign exchanges. According to the Australian Security Exchanges or ASX, the company seems to have the growth with the ongoing years and the financial statements of the company MEDIBANK private limited is seemed to be providing the increment of the benefits that advantageous for the employees. In the year 2014, the benefit of the company is seemed to be 3.9 million but in the year 2015, the benefits achieved by the company are seemed to be 5.1 million (Spiceland, Sepe and Nelson, 2011). Thus, the company MEDIBANK private limited is seemed to be in a state of maximal profit achievement that is gained by the foreign exchange trades and the internal trading. Hence forth the company can be able to strengthen the base and also helps in securing the future perspectives and the benefits of the company. Thus it also helps the company to be benefitted by the removal of the challenges that are forecasted by the financial statement of the company MEDIBANK private limited. References Elliott, B. and Elliott, J. (2008).Financial accounting and reporting. Harlow: Financial Times Prentice Hall. Epstein, M. and Lee, J. (2011).Advances in management accounting. Bingley, UK: Emerald. Holton, R. (2012).Global finance. Abingdon, Oxon: Routledge. Kieso, D., Weygandt, J. and Warfield, T. (2011).Intermediate accounting. Hoboken, NJ: John Wiley Sons. Kieso, D., Weygandt, J., Warfield, T. and Kieso, D. (2010).Intermediate accounting. Hoboken, N.J.: Wiley. Kimmel, P., Weygandt, J. and Kieso, D. (2007).Financial accounting. Hoboken, NJ: John Wiley. Spiceland, J., Sepe, J. and Nelson, M. (2011).Intermediate accounting. New York: McGraw-Hill Irwin. Stittle, J. and Wearing, B. (2008).Financial accounting. Los Angeles: SAGE Publications. Warren, C., Reeve, J. and Fess, P. (2005).Financial managerial accounting. Mason, Ohio: Thomson/South-Western. Wolf, M. (2008).Fixing global finance. Baltimore, Md.: Johns Hopkins University Press.
Wednesday, April 22, 2020
Where Is Your Company Among The Life CycleS Essays -
Where Is Your Company Among The Life Cycle'S? Where is Your Company Among the Life Cycle's? (How Long will the PBX Life Cycle Be?) Recently we did a detailed life cycle evaluation not only on some companies but the system or product used. This example, the PBX system or private branch exchange, would be considered ?buried in overhead? by some, but we broke down into detailed areas evaluating specifics that effect ever-changing technology factors. As PBX technology becomes more advanced, the life expectancy of PBX systems is shrinking. Enterprises must plan for shorter life cycles for newer, server-based PBX systems. I will show different criteria for several types of enterprises using the system yielding limited life expectancies or cycles. My example here is different than the traditional product life cycle, but you can identify the events and actions taken in order to compensate for the unquantifiable metrics often found when trying to make a sound business decision. I understand the Stage of Production, Product/Service Life Cycle, and the Nolan Norton Technology Cost Life Cycle. You will read how I have immersed my discussion even deeper in the technology cost life cycle. Knowingly aware of this, a company most often will know where they are in the other cycles. Key Issue How will enterprises keep their voice- and call-processing equipment up to date through 2002 without facing major migrations? Strategic Planning Assumptions Through 2002, enterprises purchasing PBX systems should expect an average system life cycle of four to five years (0.8 probability). The PCX will become the preferred technology for enterprise-wide voice switching in Type A (leading-edge) enterprises by 2001, while Type B (mainstream) and Type C (conservative) enterprises will delay adoption of PBX technology by up to five years (0.7 probability). Enterprises planning to purchase PBX systems within the next five years face tactical decisions that will affect their business both operationally and financially. PBX systems are migrating from a purely proprietary software and hardware architecture to an open-server platform that will be differentiated by the software, service and support each vendor provides. In the transition to an open-server platform (see Figure 1), one certain change will be that manufacturers will be unable to offer life cycles as long as those offered by their proprietary predecessors. Enterprises planning PBX purchases through 2002 should expect an average PBX system life cycle of four to five years (0.8 probability). Tactical Guidelines Enterprises planning to purchase a PBX system within the next five years should expect an average system life cycle of four to five years. PBX life cycles have typically averaged eight to 10 years; however, changes in PBX architecture will significantly impact PBX longevity. We classify PBX life cycles by Type A, Type B and Type C enterprises: Type A enterprises should plan for PBX life cycles of three to four years. Type B enterprises should plan for PBX life cycles of four to five years. Type C enterprises should plan for maximum PBX life cycles of seven years. In the past, the completely proprietary structure of PBX systems gave their manufacturers the ability to control product life cycles. If new features or technologies were needed, the manufacturer would evaluate the current platform, and implement a combination of hardware, software and firmware solutions to offer that feature or technology on the existing system architecture at an additional cost. This approach provided the enterprise with a reasonably reliable product with an average life cycle of eight to ten years. Product platforms did change, but only when the necessary technology or feature required drastic changes to the existing platform. Even then, manufacturers sought to integrate adjunct peripherals as an interim solution supporting their installed base while a new solution was being developed. Now, as the PBX migrates toward a more data-centric LAN platform, PBX manufacturers will become more reliant on and tied to life expectancies of their server and hardware providers - resulting in the Trojan horse principle. According to this principle, PBX manufacturers will increasingly develop and offer new applications and features that are only available on their server-based products - eventually forcing the transition to an entirely LAN-based architecture. In doing so, vendors may claim that they are only responding to the market request for open standards in telecommunication products. A good
Friday, April 17, 2020
Essay Topics For Upper Intermediate Students
Essay Topics For Upper Intermediate StudentsThe best essay topics for upper intermediate students are really easy to come by. In fact, the topics themselves will not be as hard as you might think. More often than not, it is the method and structure of the essay that does the work. If you can find the proper way to structure your essay, you will have a lot of success in the form of high grades for your project.The first step to take when choosing essay topics for upper intermediate students is to decide which topic you want to write. There are actually two distinct types of essays. The first type is a free-form essay that is usually seen in college-level courses such as English or History. This type of essay is usually comprised of a couple of sentences, mostly consisting of a topic statement and maybe a few paragraphs describing a person or event.The second type of essay is a more structured type of free-form essay. These essays are more common in the United States and are most commo nly found in middle school and high school courses. A structured essay will follow a structure such as:To start the essay, the first sentence should contain information on the reader. This includes their name, age, and what they are studying in school. Another important thing to do is to include information about the person's career, such as where they work, what they do, or why they do it. Finally, the main point of the essay should be stated in the first paragraph of the essay.Now, you will need to introduce the major points of the essay in the body of the essay. The body of the essay will consist of one to three paragraphs. These paragraphs should help to establish the author of the essay and explain the main idea of the essay. You should also be sure to include some suggestions and solutions for the problem you are dealing with in the body of the essay.These essay topics for upper intermediate students are not all that difficult. A lot of the essay topics for upper intermediate students require the student to write short descriptions about what happened in the events described in the first paragraph. The first paragraph is also used to describe the issue at hand and to give a summary of the first paragraph. Then, in the second paragraph, the student should describe the major points in the first paragraph, followed by the solution for the problem and the major problem of the essay.The best essay topics for upper intermediate students will actually be harder than the free-form essay. This is because the style of writing that is required to properly complete this type of essay is much different than the one used in other forms of writing. However, if you learn how to use different methods of writing that are more suited to writing a structured essay, you will find that these types of essays can be a lot of fun. Just make sure to start each sentence with a specific topic.Overall, the best essay topics for upper intermediate students are really easy to come by. Most of the time, the hardest part is actually finding the essay topics for upper intermediate students.
Monday, March 16, 2020
Free Essays on America Play Interpretation
The ââ¬Å"wholeâ⬠referred to in ââ¬Å"The America Playâ⬠seems to embody definitive moments in American History, such as the assassination of President Lincoln. Park focuses not on the celebrated figures of heroism, but those who contributed to the shaping of the country, but have yet to receive credit. The digging of a ââ¬Å"holeâ⬠represents the search for the history of unrecognized African-Americans. In Act I, the Foundling Father speaks of the ââ¬Å"Lesser Knownâ⬠who is compared to Abraham Lincoln and only receives recognition through this association. In trying to find his own voice, the Lesser Known becomes an imitation of Lincolnââ¬â¢s legend. The Foundling Father states that, ââ¬Å"he [The Lesser Man] wanted to grow and have others think of him and remove their hats and touch their hearts and look up into the heavens and say something about the freeing of the slaves. That is, he wanted to make a great impression as he understood Mr. Lincoln to have made,â⬠(Act I, 214). In search of his own identity and recognition, the Lesser Man only lives out the events, and even death, of an already historically recognized figure. Lincolnââ¬â¢s death is made into a gruesome joke, and literally an amusement. No heroism is associated with the sufferers of slavery themselves, forcing the Lesser Man to gain acknowledgment vicariously though an already established historical figure. . A later generation also digs with the intent of uncovering a part of African American history that has been lost in the past. Lucy tells Brazil, ââ¬Å"Itssalways been important in my line to distinguish. Tuh know the difference. Not like you Fathuh. Your Fathuh became confused. His lonely death and lack of proper burial is our embarrassment. Go on: dig. Now me I need tuh know thuh real thing from thuh echo. Thuh truth from thuh hearsay,â⬠(Act II, 21). Lucy seeks to find more than what is acknowledged American H... Free Essays on America Play Interpretation Free Essays on America Play Interpretation The ââ¬Å"wholeâ⬠referred to in ââ¬Å"The America Playâ⬠seems to embody definitive moments in American History, such as the assassination of President Lincoln. Park focuses not on the celebrated figures of heroism, but those who contributed to the shaping of the country, but have yet to receive credit. The digging of a ââ¬Å"holeâ⬠represents the search for the history of unrecognized African-Americans. In Act I, the Foundling Father speaks of the ââ¬Å"Lesser Knownâ⬠who is compared to Abraham Lincoln and only receives recognition through this association. In trying to find his own voice, the Lesser Known becomes an imitation of Lincolnââ¬â¢s legend. The Foundling Father states that, ââ¬Å"he [The Lesser Man] wanted to grow and have others think of him and remove their hats and touch their hearts and look up into the heavens and say something about the freeing of the slaves. That is, he wanted to make a great impression as he understood Mr. Lincoln to have made,â⬠(Act I, 214). In search of his own identity and recognition, the Lesser Man only lives out the events, and even death, of an already historically recognized figure. Lincolnââ¬â¢s death is made into a gruesome joke, and literally an amusement. No heroism is associated with the sufferers of slavery themselves, forcing the Lesser Man to gain acknowledgment vicariously though an already established historical figure. . A later generation also digs with the intent of uncovering a part of African American history that has been lost in the past. Lucy tells Brazil, ââ¬Å"Itssalways been important in my line to distinguish. Tuh know the difference. Not like you Fathuh. Your Fathuh became confused. His lonely death and lack of proper burial is our embarrassment. Go on: dig. Now me I need tuh know thuh real thing from thuh echo. Thuh truth from thuh hearsay,â⬠(Act II, 21). Lucy seeks to find more than what is acknowledged American H...
Saturday, February 29, 2020
What Your SAT Scores Really Mean In College Admissions
For many high school students, standardized tests are a huge part of the college admissions process. After all, selective colleges often use test scores to help in the initial screening of applications, so itââ¬â¢s only natural that many students get anxious just thinking about them. Here at , we have successfully counseled hundreds of students through the test prep and college application processes, so weââ¬â¢ve heard all the questions and more. Will a bad score mean I canââ¬â¢t get into my top choice college? Does a perfect score outweigh my less-than-stellar grades? What score will guarantee me a place at an Ivy League? Thereââ¬â¢s no doubt that standardized test scores often play a role in college admissions, but itââ¬â¢s hard to generalize exactly much they matter across the board. In this post, weââ¬â¢ll discuss the various ways in which standardized test scores are weighed during the college admissions process. So, if youââ¬â¢re gearing up for a standardized test or college app season, read on to learn more about how much your SAT or ACT scores actually matter. There are two instances in which SAT and ACT are weighed heavily on college applications. The first is at the very beginning of an applicationââ¬â¢s review, and the second is at the end. Initially, SAT and ACT scores are sometimes used as screening tools in the college admissions process. That means they are one a few factors that are commonly reviewed before an entire application gets read. Admissions committees have a tough job. They often have to sort through thousands of applications to find the students who will be the best match at their university. Because these admissions officers are real people, and not simply robots without the need for sleep, food, or drink during admissions season, they are simply not able to read each and every application in its entirety. Instead, each application gets an initial review, or what amounts to essentially a skim reading, to determine if it should be looked at in more depth. Often, these initial reviews include a glance at standardized test scores, along with a few other factors like grades and extracurriculars or honors. If your scores in combination with these other factors do not compel the admissions committee to look further, thereââ¬â¢s a possibility that your application wonââ¬â¢t be completely reviewed. In other words, there are a few pieces of data on your application that have the opportunity to impress at first glance, and test scores are one of them. Perform well enough and you just might earn a spot in the second round of application reviews. Have a dismal showing and fail to compel the admissions committee in other ways and your application may not see the light of another day. The second instance in which your standardized test scores can be very important is when the admissions committee is finalizing their acceptances. Imagine thisââ¬âthe committee has narrowed their choices to 50 applicants, but only has room for half of them. Their job now is to compare the applicants and choose the ones who are most likely to succeed. If your application is identical to the next one, but you outscore him or her by 100 points on your SAT, you will likely become the more desirable candidate. Sometimes, SAT and ACT are not important in college admissions. This is great news for the student who simply doesnââ¬â¢t perform well on tests or who, for whatever reason, hasnââ¬â¢t prepped as well as possible. With our free SAT guide, you'll get ââ¬â¢s top tips for mastering the SAT. Enter your name and email below to download the checklist. SAT and ACT scores become less important when other aspects of your application become more compelling. For example, if you have competed at the national level in athletics or you have patented a new advance in medical technology, the fact that you performed poorly on your verbal SAT will be less important because the remainder of your application is so strong. Another time when standardized test scores donââ¬â¢t matter as much is when you are applying to a specific major or program that is largely unrelated to them. If your calling is musical performance and you have performed on the national stage, successfully competed in high profile band competitions, and taught master classes at a local community college, your SAT or ACT scores arenââ¬â¢t very relevant to your intended course of study. Finally, some colleges simply donââ¬â¢t weigh standardized tests very heavily. For example, Wesleyan, Bowdoin, Bates, and George Washington University donââ¬â¢t require standardized tests at all anymore, and these are just a few of the colleges that now consider these tests optional. To learn more about testing-optional schools, check out our post The Reality of the Testing Optional Trend . Standardized test scores arenââ¬â¢t just useful to college admissions committees. They can be useful to you, the applicant, as well. When you are choosing which colleges youââ¬â¢ll apply to, you can use your SAT or ACT scores to help narrow your choices. The simplest way to do this is by researching the SAT and ACT scores of admitted students at the colleges that interest you most. This data is typically readily available through a simple online query and is also often published by US News and World Report in their annual college review. When you review the scores of admitted students, you will usually see them broken down into percentile ranges. For example, at Notre Dame, the 25th percentile SAT score is 1410, the 50th percentile SAT score is 1490, and the 75th percentile SAT score is 1550. This means that if you score a 1400 on the SAT, you should consider Notre Dame a reach school, because your score falls in the bottom 25% of admitted students. Of course, this doesnââ¬â¢t mean that you wonââ¬â¢t get in, but it does mean that your application will have to be more impressive in other ways to make up for it. On the other hand, if you score a 1570, you have a far better chance. While you still arenââ¬â¢t guaranteed an acceptance, you can be assured that you wonââ¬â¢t be rejected due to your test scores. To learn more about how SAT scores can shape your college list and where you choose to apply, check out our post The College List, Decoded: Safety, Target, and Reach Schools . For help mastering both the content and strategy needed to boost your SAT score, consider the consider the benefits of ââ¬â¢s full service, customized SAT Tutoring Program , where the brightest and most qualified tutors in the industry guide students to an average score increase of 140 points.
Thursday, February 13, 2020
Motivation As A Contributing Factor In Second Language Acquisition Essay
Motivation As A Contributing Factor In Second Language Acquisition - Essay Example However, the issue is that there is no singular, fundamental model of motivation as it pertains to second language acquisition (SLA) that can guide instructors of a secondary language or provide further guidance to students in this domain. Therefore, it is necessary to compile the findings of several notable researchers on the subject and determine if there is a best fit model to understanding the motivational variables that contribute to SLA and long-term success after the learning has completed. It is hypothesized that it is externally-driven motivations that contribute the most influence on whether or not an individual remains motivated in this particular task, rather than inherent or intrinsic motivators related to personality, culture, or needs. However, in order to justify this hypothesis, it is necessary to view a cross-section of research findings and expert analyses on the subject to gain perspective on what drives success in SLA as it pertains to motivational stimulus. This literature review provides research data on the educational environment, personality traits in the individual learner, social constructs, and personal attitude components related to cultural values and beliefs. 3. Definitions Before discussing motivational stimulus, it is necessary to define key terms and concepts on the subject: â⬠¢ Motives ââ¬â A specific need or desire that will prompts goal-directed behaviourâ⬠... These operational definitions will guide the premise of the literature review on each subject pertaining to motivational constructs. 4. External motivators VanTassel-Baska, Feng, McFarlane & Heng (2008) offered results of a research study involving 100 teachers from Singapore and the United States to determine their level of instructional effectiveness as it relates to second language acquisition. The study measured variables on educator competency such as differentiation strategies, critical thinking and metacognition, a form of self-awareness and knowledge of oneââ¬â¢s own cognitive processes. In relation to second language acquisition, it was determined that all three factors related to instructional effectiveness impacted motivation in SLA (VanTassel-Baska, et al.). Teacher competency was measured by the ability to create unique classroom curriculum and assist students in understanding their own legitimate limitations as well as talents related to the task. Why is this data im portant? The methodologies employed by teachers related to their creativity and support (humanistically) in helping students identify with their weaknesses and strengths directly impacted whether or not students in SLA were successful at completing the programme. Achievement levels increased based on the differentiation strategies employed, suggesting a positive correlation with the external environment as a predictor of higher motivation. Gardner (2006) supports this assessment, offering that it is the educational context that determines whether or not students are motivated to learn a second language. The educational context involves the system where the student registered, the classroom environment, quality of the programmes offered, classroom
Saturday, February 1, 2020
Judicial Precedent Essay Example | Topics and Well Written Essays - 750 words
Judicial Precedent - Essay Example It has also helped in the development of the English law, however original precedent are those that apply new rule in decision making. Despite the importance of judicial precedent higher courts can have an effect on it and this occurs when the following occurs: This happen when a court rejects decisions of an earlier case on the bases that there were no sufficient facts to support the decision, in this case therefore judicial precedent is affected. Example is the Balfour V Balfour (1991) case. Binding precedent is that precedent that must be followed, in this type of precedent lower courts must follow and honor decision made by higher courts. This type of precedent is also referred to as mandatory precedent. Example Young V Bristol (1944) case Persuasive precedent is that precedent that is not mandatory but helps in decision making, it is also known as advisory precedent because it helps in decision making; therefore decision will rely on other parallel court decisions example military courts. Example R v Gott (1992) case ant the R v Howe (1987) case Customs can also be viewed a form of precedent whereby decision by a court will be influenced by customs held by a society, these customs are referred to as precedents only is they have been tradition held by a community for a long time. Certainty is presen Advantage and disadvantage of judicial precedent: Advantages: Certainty: Certainty is present in law whereby decision are made in particular way, in the case where the cases were not based on precedent then there would be the occurrence of uncertainty whereby citizen would not clearly know their rights. Growth: Precedent allows the adoption of law and the development of new laws, relying on previous decisions is a clear indication of adoption of new laws into the system making it possible for growth and development in law. Consistent decision: Due to the fact that decisions are based on previous decisions then there is a high possibility of consistence in judgment and decision making, similar cases with similar fact and issues will receive almost similar decisions. Disadvantages: Rigidity: It has a disadvantage in that it is characterized by rigidity, this occurs when binding decision are made even if the decisions are thought to be wrong, the decisions are made with reference to past decision instead of distinguishing them. Slow growth: Judicial precedent may also lead to slow growth and development of law, this is because judges will make decisions on cases depending on previous decisions despite the need to make adjustments in the law system.
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