American Constitutional Law Case Study - 550 Words

American Constitutional Law (Case Study Sample) Content: CASE: Scott v. Illinois, 440 U.S. 367 (1979)Studentà ¢Ã¢â€š ¬s NameInstitutionCASE: Scott v. Illinois, 440 U.S. 367 (1979)Facts: After being denied the right to appointed state counsel at his expense the appellant (Scott) was convicted of the offense of shoplifting (merchandise worth less than $150) after a bench trial in the Circuit Court of Cook County and fined $50. The statute penalty set for such an offense was a fine of $500 or one year in jail or both.Procedural History: The appellant appealed after being denied the right to appointed state counsel at his expense and was convicted of the offense of shoplifting (merchandise worth less than $150) after a bench trial in the Circuit Court of Cook County and fined $50. In his appeal the appellant argued that the state of Illinois was under a duty to provide him with a trial counsel at his expense as dictated by the Sixth and Fourteenth Amendments to the Constitution. The Illinois intermediate appellate court affirm ed the conviction by the Circuit Court. The Supreme Court of the state of Illinois also rejected the appellantà ¢Ã¢â€š ¬s argument and stated that it wasnà ¢Ã¢â€š ¬t obligated to extend its decision in Argersinger v Hamlin (1972) to the case. Although the appellant was charged with an offense for which imprisonment was authorized upon conviction, the appellant had only been fined $50 instead of imprisonment.Judgment: the appellant further lodged his appeal in the Supreme Court of United States. In its judgment the court affirmed the Supreme Court of Illinoisà ¢Ã¢â€š ¬ decision that the Constitution of the United States of America did not require the Circuit Court of Cook County to appoint a state counsel for the petitioner (Scott).Legal issues Presented; * Do all defendants accused in a state criminal proceedings have the entitlement to appointment of a state counsel? * Did the refusal to appoint a state counsel for the accused violate the due process provisions in the sixth and fourteenth Amendments to the Federal constitution?Holding (Justice Rehnquist): No: The sixth and fourteenth Amendments only stipulate that no defendant can be sentenced to imprisonment unless he has been accorded the right to appointment of a counsel to defend him by the state. The appellantà ¢Ã¢â€š ¬s liberty was not at stake in this case because the state court had preferred the less severe sanction of imposing a fine to the severe one imprisonment so the appointment of a counsel was not necessary.Rule of law: The sixth and fourteenth Amend...

Violation Of Copyright And The Motion Picture Industry

In Violation of the Copyright Issues in the Motion Picture Industry Nanami Maruyama I. Introduction Motion picture industry is big business in the United States and global entertainment market. According to Statista research, it is predictable that the film entertainment business will create 35.3 billion U.S. dollars in revenue by 2019. Among studios, Buena Vista accomplished the most in 2016 it held the biggest piece of pie, around 26 percent, and produced the highest box office revenue, more than 3 billion U.S. dollars. Warner Bros. represented closely 17 percent of the entire box office revenue in North America, and 20th Century Fox held around 13 percent of the whole market share. Conversely, there are some issues in the motion†¦show more content†¦Be that as it may, truly, the dropping of this suit as a result of this dismissal motion is not an appropriate response to Star Trek fans. But on the other hand, there are the insanely strict rules Star Trek fans must follow if they want to make a fan film. There are many rules, and after this lawsuit, these rules increased in number and became more and more strict. III. Copyright Law and Trials in Japanese Motion Picture Industry Associates of anime s frequently obsessive international fan base often translate and to put subtitle Japanese releases, uploading pirated versions for free online media, cutting into DVD sales and prospective revenue from box office releases. The film productions have replied by bringing forward overseas release dates for all capacity screens. Now, so many Japanese films are illegally uploaded on the Internet and a lot of piracy DVDs are available. For instance, Toho Co., Ltd. which is the Japanese motion picture production and distribution company released â€Å"Your Name (Kimi no Na wa)† in Japan on August 26, 2016. The worldwide total lifetime grosses of the film are more than 35 U.S. dollars on May 7. And now the movie is the highestShow MoreRelated Movie Piracy Essay1295 Words   |  6 PagesThe subject of my paper focuses on movie piracy. Movie Piracy by definition is the illegal copying of movies for personal or commercial use. This is a new epidemic that is affecting the film industry financially on a global level. What are the necessary steps that can be taken on behalf of the film industry that can stop this illegal practice from occurring? Once you walk down the city streets of New York, you can easily find vendors selling their bootleg DVD copies of new released movies for halfRead MoreCopyright And Pub lic Domain Within The Entertainment Industry907 Words   |  4 PagesCaitlin Davis Project Proposal Assignment Dr. Fox-Horton 19 February 2017 Copyright and Public Domain within the Entertainment Industry What aspects make up intellectual property? How is it protected? According to Leslie Ellen Harris, it is important to shed light on just what copyright is. She writes, â€Å"Section 102 of the U.S. Copyright Act states the following: In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, methodRead MoreThe History of Internet Piracy1122 Words   |  4 PagesThe History of Internet Piracy and its Impacts Internet piracy and copyright infringement have become major issues around the globe. Internet piracy has also evolved significantly since its beginnings. The effects are particularly felt by multiple industries, including the music, movie and software industries. As a result of the overwhelming effects of piracy, many pieces of legislation have either been proposed or passed in the United States. Piracy has significantly impacted the Internet as aRead MoreEthics, Intellectual Property, And Piracy1379 Words   |  6 Pagesintellectual property and copyrights is vital to business success, ethical understanding and acceptance. In the following, I will specifically discuss the concepts of copyright, intellectual property, and piracy. Copyrights are a form of intellectual property, and the concepts of piracy and plagiarism threatens the viability and integrity of both. Understanding these concepts helps shape individual and business codes of ethics. Copyright and Intellectual Property Copyrights are defined by the UnitedRead MoreShould People Be Penalized for Downloading and Unauthorized Copy of a Song or Movie806 Words   |  3 Pagesthe world possible. This peer-to-peer sharing has manifested the debate of copyright infringement, and many CEO’s of major Internet companies have been convicted for copyright infringement. 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Internet has changed humankind in several ways, including the way people illegally share media property to each other. In the past the unauthorized copyright of any computer program or software was possible only through the physical exchange of disksRead MoreThe Legal Liability Of Apple s Itunes4537 Words   |  19 Pages COPY RIGHTS â€Å"Applies Liability to Copyright Infringement with the invention of iTunes and iPod† Protection of intellectual property (IP) is devised into four parts: copyrights, trademarks, trade secrets and patents. Even though all four parts share a common goal, each follow its own special sets of rules and requirements. The part of this paper, specifically concentrated on the copyrights infringement. Although copyright infringement Acts are established and strictly enforcedRead MoreReading Copyright and the Issue of Downloading Essay1411 Words   |  6 PagesReading Copyright and the Issue of Downloading When you buy music legally, there is usually a copyright mark somewhere on the product. Stolen music generally does not bear a copyright mark or warning. Either way, the copyright law still applies. A copyrighted creative work does not have to be marked as such to be protected by law. â€Å"The copyright allows the holder to control the reproduction, display, distribution, and performance of a protected work,† (Corley, Moorehead,, Reed, Shedd

The Simple Solution to Homeless People in America - 954 Words

The Simple Solution There are many homeless people out on the streets of this great nation. Ten years ago, nobody would have expected that America would be this far in the slumps. Rather than feeling lucky to have a playground to play on at a great school, children are now lucky to have just one of their two parents working for minimum wage. With the average unemployment rate hovering above seven percent over the last eight years, America’s youth are growing up in a world where dreams no longer come true and are taught to aspire to be a waiter or grocery store clerk for life. Such low aspirations and consequent expectations are not what the founders of America sought for this country. On the contrary, the United States was built and founded on nearly unreachable dreams and aspirations. What happened to the American dream? Fathers would go to work at 8:00 AM while mothers got her kiddos off to school, dressed to play, carrying a sack lunch. The day would pass, and fathers would return home by 5:0 0 PM for supper and family time. No longer is this standard. Today, children are sent off to school with little or even no lunch because their family cannot afford enough food with one minimum wage job. Parents are home when school ends not because they are fortunate enough to have the luxury of leaving work early, but because they are forced to work the graveyard shift, or they had no job to report to in the first place. These circumstances are becoming all too common, and shouldShow MoreRelatedHomelessness Is A Serious Problem896 Words   |  4 Pagesfundamental human need, however, not everyone gets to have a home. Homelessness is a serious problem throughout the world. With an average of 643,067 people experiencing homelessness in America daily, there is now believed to be at least 1.6 million homeless people in America alone according to the U.S. Department of Housing and Urban Development s 5th Annual Homeless Assessment Report. (Henry, 2015) Homelessness is a major problem b ecause it damages the capability of a person to provide for themselves. ThroughRead MoreHomelessness in American1645 Words   |  7 PagesHomelessness in America Homelessness in America has always been an issue but it has become an even bigger issue over the past years. With a world filled with global conflict, disappearing jobs, higher education cost, and increasing poverty in America, the homeless need our help more than ever. Just last year, the national poverty rate rose to include 13.2 % of the population. Also, 3.5 million people were forced to sleep in parks, shelters, under bridges or in cars. 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Reasons for homelessness include natural disasters, divorce, loss of employment, physical mental disabilities, substance addiction, gambling addiction, and domestic violence. Those who are chronically homeless, meaning those who are either long-term homeless or haveRead MoreHomelessness Is The Common Reason Of Homelessness Essay1449 Words   |  6 Pagesin America and across in the world. poverty and mental illness is the common reason of homelessness, these people face an extremely struggle just to live despite the fact that society turns its head from the problem. Homelessness is one of the tragedies that one can face, People who live at poverty level and have mental disorders are more likely to become homeless. its something that effects people of all age, race, background, and religion. 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In fact, a study taken in 2015 gathered that with more interaction and willingness to help the homeless, the more empathy and compassion is gained for them, later resulting in a larger contribution from society creating a social change. I obtained this information based on a survey taken by LindsayRead MoreHomelessness : An Epidemic Across The United States1066 Words   |  5 Pageshas become an epidemic across the United States of America over the past 40 years. Despite the fact that most individuals are reminded of this problem on a daily basis when they see those without homes on the street, few solutions have been implemented that would fix the causes of this horrendous issue. Funding for programs that assist the homeless and homeless prevention programs is abysmal, while the costs incurred due to such a large homeless population continue to rise. Ove r the past centuryRead MoreHomelessness in the United States Essay1461 Words   |  6 PagesAccording to the National Student Campaign Against Hunger and Homelessness, â€Å"approximately 3.5 million people are homeless each year, while 36.3 million live in households without enough food.† This statistic only reflects the United States, and to many people, it just doesn’t make sense. For instance Alfredzine Black of the YWCA in Marion, Indiana says, â€Å"I don’t understand why we have so much poverty in the richest country in the world!† Citizens of the United States have a hard time defining andRead MoreThe Effect of Homelessness on the Youth of America1086 Words   |  5 Pages There are millions of homeless youth in America. On any given night, you can find these children ducking into abandoned buildings, crammed up against alley dumpsters, curled inside the big yellow slide of a local playground. I imagine they are thankful for sleep, wary of a new day, but thankful nonetheless. Homelessness at such a young age if left alone, leads to increased rates of conflict. The more homeless youths now, the more our country as a whole will have to deal with divorce, mental illness

The At The Training And Completed A University Approved...

Results One hundred and four students volunteered for the training and completed a university-approved informed consent. Sample characteristics, previous experience with older adults, and primary reason for choosing specialty in gero-social work are presented in Table 1. The mean age was 27 years (range of 23-52 yrs.) and a majority were female participants. A significant number had prior volunteer experience with older persons. Field internships varied from medical surgery units to specialty units including dialysis, oncology, or behavioral health, hospice, and outpatient clinics, primary care, and community agencies. Students reported (a) being part of a specialized student cohort and (b) improving the lives of older adults, as primary reasons for choosing a gero-social work specialty. Table 2 reports on differences in ratings of interpersonal skills by students and faculty, who observed interviews of the outpatient depression case sessions on a bank of television screens at the simulation center. There were significant differences between groups with faculty rating student skills higher on all the interpersonal skill items. The largest observational differences included eliciting and giving information. Students reported high self-ratings on the items of (a) respectfulness and (b) empathy, followed by (c) professionalism and (d) listening skills. Table 3 shows group differences in ratings on depression care â€Å"best practices† by students and faculty. All practice behaviorsShow MoreRelatedCJHS430 Essays634 Words   |  3 Pagesï » ¿ Informed Consent Paper CJHS/430 - COLLABORATIVE SERVICES IN CRIMINAL JUSTICE This Paper focuses on the relationship between informed consent and the requirements of human service workers in the State of Washington. Informed consent is a legal procedure to ensure that a patient, client, and research participants are aware of all the potential risks and costs involved in a treatment or procedure. The elements of informed consent include informing the client of the nature of the treatmentRead MoreThe Prevalence Of Overweight / Obesity1616 Words   |  7 PagesGeorgia Southern University and their respective institutional review and county school board (Alexander, Alfonso, Hansen, 2014). The researchers obtained informed consents from participants. It was mentioned that sample collection was based on convenience of African-American caregivers, over the age of 18, whose children went to elementary school in rural Georgia with a high population of African-American students. The research had an open house, sent individual letters and consents by the secondRead Mor ePhysical Activity Is Important For The Population s Health1509 Words   |  7 Pages2002; Febbraio et al., 2000; Jeukendrup, 2004). This ergogenic effect is mainly caused by the increased accessibility of blood glucose for the delivery of energy to the active muscles (Coggan and Coyle, 1991). Therefore, fasting before high intensity training is not recommended because it rapidly depletes liver and muscle glycogen (Kang, 2012). A major factor contributing to the weakening of the exercise capacity during physical activity is stated to be reduced amounts of carbohydrates available to theRead MoreA Research Study On Research Design1417 Words   |  6 PagesWhether or not the participants have completed a graduate level ethics course will serve as a subject independent variable. The dependent variable will be the number of correctly identified ethical issues on the Ethical Discrimination Inventory. The participant s views on how strictly they should adhere to ethical guideline when confronted with an ethical dilemma will serve as a covariate in this study. Participants Participants will be recruited from CACREP approved Mental Health Counseling programsRead MoreEssay On Community Based Wellness Program1659 Words   |  7 PagesProcedure The proposal for this study was approved by the Institutional Review Board at the University of Mary. The community-based wellness program was designed by the researchers based on current literature on the effectiveness of such programs with the PD population. Participants for this study were recruited from a Parkinson’s disease support group in the Upper Midwest. Purposive and convenience sampling was utilized, which involves selecting individuals who have a diagnosis of PD living inRead MoreEffectiveness Of An Observed Structured Clinical Examination1554 Words   |  7 Pagesof training other disciplines in health care that deal with issues of palliative care. The effectiveness of this pilot showed with the use of three stations testing instruments learners and faculty gain valuable resources. These instruments tested one’s skills, their ability of breaking bad news to patients and family, setting effective and practical goals of care with the patient, and assessing a patient’s mental status. Focus groups were also used to gain learner perspective on the training andRead MoreKatharine s Comfort Theory For Adult Open Heart Surgery Patients1627 Words   |  7 Pages Applying Katharine Kolcaba’s Comfort Theory to Adult Open Heart Surgery Patients Cynthia Heibler University of Cincinnati April 12, 2017 AbstractThe leading cause of death in the United States according to the Centers for Disease Control and Prevention (CDC), as of 2014, is heart disease (Leading causes of death, 2017). The use of open heart surgery in eligible patients, such as coronary artery bypass grafting (CABG) or a cardiac valve replacement are two surgical ways to extend the lifeRead MoreGeneral Aviation : The Influence Of External Factors On Communication Errors1641 Words   |  7 Pagesand unable to use standard phraseology can bring error in communication. The purpose of the study was to investigate if a relationship existed between above four known factors moderating communication and communication accuracy. Seventeen pilots completed a total of eight separate simulated flights (presented in counterbalanced order), which were arranged in four flight pairings and the percentage of accurate transmissions were compared between each flight pairing. Results revealed that communicationRead MoreAttitudes of Und ergraduate Music Therapy Students Regarding Master’s Level Entry2968 Words   |  12 PagesAttitudes of Undergraduate Music Therapy Students Regarding Master’s Level Entry Bryan L. Hawk MMT Candidate Drury University Review of Literature To date there is a significant lack of research regarding the opinions of Undergraduate Music Therapy students concerning the requirements of a Master’s Degree for entry-level positions. When the Certification Board for Music Therapist (CBMT) was established in the 1980’s, this provided employers with assurance that we are qualified professionalsRead MoreImproving Post Cabg Surgical Patient Care Essay1187 Words   |  5 Pagespatients was 189. Study approval was from the internal review board with all participants being older than 18 years of age and less than 90 years of age. The facilities patient educator completed the teach-back intervention, scheduling of post-discharge appointment, and data collection. Also chi- test analysis was completed to determine independence between the pre post-intervention groups with a p value set at .05 (Cebeci Çelik, 2008). The study itself is a solid prospective, quasi-experimental design

The Ghost - 1265 Words

I have an idea about where to look for the cemetery, Nate told them. You guys want to see? Its not too far from where I met Hajji. He stepped out of the alcove and closed the cupboard behind Hannah and Will. Except we should probably take some mace or something this time, just in case we see another bear. Bears? Hannah said. Ill pass. Sure, lets go, Will said. Nate figured Hannahs light colored skirt and low heel shoes really werent adaptable to a hike. But it would be rude to leave her here while he went off with Will. But, if she really wouldnt mind. Maybe we should split up, he suggested. Will and I can check out the woods while you poke around the house. How do you think it will look if I searched†¦show more content†¦He pulled the lid opened, creating a small cloud of dust as he reached into a box and declared success. Books, he said and offered the one he held to Hannah. Thanks, Mr. Freedman, Hannah said. She looked over and waved to them with a big smile. Will and Nat e walked over as his granddad pulled another book from the box. The Rural Economic of Tobacco Farming, he read. Sounds about as dry as this attic. How old are these books? Will asked, seeming suddenly excited. Older than me, Granddad chuckled then walked to the stairs and headed down. Ill leave it to you young people to sort them out. Lets check the dates on the books, Will said even more excited now. Hold up, Nate said, why would we want to do that? And, Hannah, how did you get my granddad to bring you up here? Sometimes information was hidden in a book. Will took a seat beside the boxes and continued as though Nate hadnt spoken. Find a book that might have been around when the house was built, or shortly after. Comb through it for clues. It might be a handwritten notation at the front or back of the book. It might even be on a particular page, say, the same number as the house address. Nate looked at Hannah. I dont think they had house numbers back in those days. He glan ced at Will and whispered, Is he okay? He gets this way when he smells history. Give it a few minutes and hell forget were even here. Yeah, right,Show MoreRelatedGhosts : The Mystery Of Ghosts Essay2208 Words   |  9 PagesGhost reality Cultures all around the world believe in spirits that survive death to live in another realm. In fact, ghosts are among the most widely believed of paranormal phenomena: Millions of people are interested in ghosts, and a 2005 Gallup poll found that 37 percent of Americans believe in haunted houses — and nearly half believe in ghosts. Ghosts have been a popular subject for millennia, appearing in countless stories, from the Bible to Macbeth, and even spawning their own folklore genre:Read MoreGhosts and Spirits1464 Words   |  6 PagesUnfinished Business: Ghosts and Spirits The average person may think of ghosts and spirits as something disguised in a white sheet with holes for eyes, a ragged figure dragging chains and moaning. In addition, something floating through the air and that can enter and exit rooms without the need to open doors. This is an example of the way ghosts and spirits are usually described in stories or depicted in movies. It has been said that ghosts and spirits are souls that cannot pass into the next worldRead MoreGhost Stories Of Ghosts, Witches And The Unknown1418 Words   |  6 PagesFor centuries, stories of ghosts, witches and the unknown have shaped the folklore of many cultures. We love to be scared by the unknown. Stories about the Salem witch trials, the Flying Dutchman and the Stanley Hotel where Steven King was inspired to write his famous book, The Shinning are some of the foundations that ghost stories are built on. Are these stories based on belief, or just created to keep curious children from misbehaving? 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He is biracial with an American father and a Taiwanese mother. Born in California and raised in Colorado, the storyteller is a converted Christian. The teller was in the Boy Scouts, whichRead MoreGhost are Real Essay1450 Words   |  6 PagesGhost are Real Ghosts, as with any other misunderstood group or people, have been preyed upon by others without understanding. The lack of knowledge about ghosts and haunting activity has led people astray as to what they really are. What Hollywood and television portrays is very inaccurate and cannot be relied upon as truthful. They show these spirits of the dead as being evil in nature, filled with malice and harmful intent. But that this is not the case. The field of paranormal activity isRead MoreThe Ghost By William Shakespeare1451 Words   |  6 Pagesplay Hamlet, the ghost presents himself as a character of an ambiguous nature with a definitive purpose and a voice of paradox, delivering to Hamlet a lethal mission to punish Claudius and avenge the late king. These qualities of the ghost help show that there are uncertainties in this life and the afterlife and also demonstrate that revenge, while carrying harsh repercussions, may be used as a cleansing and justifying instrument to rid Denmark of its evil influences. The ghost is the deceased KingRead MoreThere is No Ghost in Hamlet Essay753 Words   |  4 Pagesapplication of ghosts in his plays, Hamlet is no exception. Scholars argue that the ghost in Hamlet is only a figment of Hamlet’s imagination, but how does that explain others witnessing the apparition. Hamlet’s mental state is declining throughout the play, but what is the true cause? From an external view Hamlet appears insane, whether or not he is insane is left ambiguous. If he is insane, is the traumatic loss of his father causing Hamlet to see a ghost or is the ghost real indeed? The ghost firstRead MoreGhosts : Hidden But Not Forgotten891 Words   |  4 PagesGhosts: Hidden but not Forgotten Throughout the millions of years that people have lived and died on our planet, many stories have been told about ghosts. From the aborigines of Australia who’s lives circled around the spirits of their ancestors to Americans racing about the country with cameras trying desperately to prove what they have seen is real. Ghosts are found on every continent—including Antarctica! Despite the disbelief that has become common here in the United States, across the AtlanticRead MoreGhosts Are The Spirits Of The Dead1947 Words   |  8 Pagesthese creatures are ghosts. The word â€Å"ghost† has many connotations connected to it in the American culture. One could mean the scary or friendly fictional ghosts of Halloween or one could mean the more serious and controversial creature, the spirit of a dead person stuck in between earth and the afterlife. Even if one doesn’t believe in them, one is very likely to encounter one in the American culture, whether it is thro ugh knowing people who believe they have encountered ghosts, or through media

Migration Legislation Amendment Free Samples - Myassignmenthelp.Com

Question: Discuss about theMigration Legislation Amendment. Answer: Part A A student Guardian visa (subclass 590) is for that person who wants to stay in Australia as the guardian, parent, and close relative of the applicant of student visa or any person who holds student visa. For the purpose of applying this visa it is necessary that: Applicant or holder of the Student visa must be under the age of 18 years. Applicant of student Guardian visa (subclass 590) must be above the age of 21 years. As per sub clause 590.611 (1) of the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 - Schedule 4, if visa is provided to the person who satisfied the requirement of sub clause 590.211(2) or (3) then following conditions are imposed on the applicant: 8101- Person who holds visa must not conduct any kind of work in Australia. 8201- While residing in Australia holder of the visa must not conduct any studies or training for the period extends 3 months. 8501- Individual who holds visa must make necessary arrangements related to insurance of health till the time holder resides in Australia. 8516- Individual who holds visa must be the person who continuously satisfied the primary criteria specified for the respective visa. 8534- Holder of the visa cannot apply for the substantive visa other than protection visa or Subclass 485 (Temporary Graduate) visa while residing in Australia. 8537- Clause 1 of this condition states that for the purpose of class 590 if the nominating student is resides in Australia, then holder of the visa must resides in Australia. Clause 2 of this condition states that holder of the visa must reside with the nominating student, provide adequate accommodation and support to the nominating student, and also ensure welfare of the student who is nominated. 8538- In case holder of the visa leaves the Australia without taking the student with him then holder must provide evidence to the minister in relation: That reasonable and sufficient reasons are present for this purpose, Alternative arrangements are made by the holder for the accommodation of the student, support and welfare of the student till the time holder comes back to Australia. If nominated student is not turned 18 then adequate arrangements made by the holder are approved by the minister (Australian Government, n.d.). In the present case, Aysel is the Widow and came to Australia on a Student Guardian (subclass 590) visa for the purpose of looking out her only daughter Melek (16 years). Conditions 8101, 8201, 8501, 8516, 8534, 8537 and 8538 are imposed on Aysels visa. While residing in Australia, Aysel met with Dennis who is an Australian bachelor and they fall in love with each other. Later they decided to get marry. For this purpose Aysel wants to apply for permanent visa without returning to home, because she did not want to leave Melek on her own in Australia. As stated in condition 8534, Holder of the visa cannot apply for the substantive visa other than protection visa and Subclass 485 (Temporary Graduate) visa while residing in Australia. Therefore, Aysels cannot apply for any permanent visa while residing in Australia. Part B Orphan Relative visa (subclass 837) is the visa which allowed the child to permanently reside in Australia with the relative who is sponsoring the child, and for the purpose of applying getting this visa it is necessary that applicant must: Live in Australia Child must not be older than 18 years or 18 years, and Child must get sponsorship through relative who is the brother, sister, grandparent, aunt, uncle or step-equivalent of the child. It must be noted that sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Sponsor must be older than 18 years of age. Child must not be married or in a de-facto relationship. Child must be in situation in which it is not possible for his parents to take care of the child, and Child must satisfy all health and character requirements (DIBP, 2017). As stated above, child can apply for this visa if it is not possible for his parents to take care of the child, because of the following reasons: Both the parents are dead Parents are not capable to take care of the child. It is not possible to found the parents. It is not possible for the child to apply for this visa if the parents of child are able to take care of the child but they do not want to take care. It must be noted that this visa allowed the child to do following things in Australia: can stay in Australia on permanent basis, is allowed to work and study in Australia Can enroll in medicare. Is able to apply for the citizenship of Australia. Child can travel in or outside Australia for the period of 5 years from the date visa is granted. After the period of 5 years it is necessary that child applied for another visa to stay in Australia. Best interest of the Child- department will not grant this visa if it is not in the best interest of the child who is younger than 18 years of age. Health- it is necessary for child to satisfy all the health requirements, and results of health tests are valid for the period of 12 months. Character- in case child is older than 16 years of age then it is necessary for child to meet the character requirements. They must attached police certificate from each country in which they reside for the period of 12 months or more in last 10 years after they turned more than 16 years of age. Child must not arrange the police certificates until the department ask them to do. Debts to the government of Australia- child must not have any outstanding debts towards the government of Australia and in case they have any debts towards Australian government then they must make necessary arrangements to repay those debts (Australian Government, n.d.). In the present case, one evening Aysel and Melek returned from the school after attending parents teacher meeting. When they were on their way to the home, at that time a drunk driver cross the red light and crashed the car of Aysel. Because of this accident Aysel killed on the spot, but Melek was more fortunate than Aysel and suffered only minor injuries from that accident. Hasan is the first cousin of Aysel, and he is an Australian citizen resides at Cabramatta. Both Aysel and Melek visited Hasans house on regular basis and Melek called him uncle. After the death of Hasans Sister, Hasan visited Melek in the hospital and told her that he will be there for her and look after her. In this case Melek can apply for Orphan Relative visa (subclass 837) because this visa allowed the Melek to permanently live in Australia with Hasan, and Melek meet all the requirements of this visa, that is: She resides in Australia She is only 16 years old, which means she is younger than 18 years, and She gets sponsorship from Hasan who is the uncle of the Melek. Hasan is an Australian citizen, and older than 18 years of age. She is not married nor in a de-facto relationship. Both the parents of Melek are dead, and there is no one who can take care of her. Part c Remaining relative visa (Subclass 835) - this visa allowed the visa holder to live permanently in Australia if their near relatives are living in Australia. Through this, visa holder can live in Australia on permanent basis. Applicant is eligible for this visa if (DIBP, n.d.): Their only relative is living in Australia. Applicant gets the sponsorship from their eligible near relative. Applicant has someone who will provide assurance of support. Applicant must meet health and character requirements. Applicant is not eligible for this visa if sufficient grounds are present which make the applicant believe that there are some doubts in the success of the application, because charges paid by the applicant for visa application will not be refunded in case applicant withdraws their application or it is refused by the department. It is necessary that sponsor must give support, accommodation, and financial assistance for the first two years of residency in Australia to their relative or their family member. It is necessary that sponsor must be 18 years of age or older, and must be an Australian citizen, Australian permanent resident, eligible New Zealand citizen. Sponsor must be settled and resided in Australia. This visa allowed the applicant to stay in Australia on permanent basis and if applicant is eligible then he can apply for permanent residence. It is necessary that while making the application of this visa, applicant must be in Australia, and at that time also when visa is granted. These provisions applied on all the applicant of this visa. Assurance of Support- it is necessary for applicant to get assurance or support from person or organization. Up to 3 persons can jointly provide support to the applicant. Assurer provide bank guarantee and must make relevant preparations for that. Preparations involved depositing the money with the bank for the purpose of covering the amount of the bank guarantee. Obligations on applicant- it is necessary for applicant to compile with the Australian laws. Person or his/her partner does not sponsor any person for this visa if person already sponsor any other person for any of the following visa stated below: Laws of the home country of the child give permission related to the removal of the child. Remaining Relative visa (subclass 115) Remaining Relative visa (subclass 835) Preferential Relative visa (subclass 104) Family visa (subclass 806) Person can sponsor the applicant by lodging Form 40 Sponsorship for migration to Australia with the application. It must be noted that applicant can change the sponsorship till the time decision is pending on the application, and it is necessary that new applicant lodge new form 40 for this purpose. It is necessary that sponsor must provide support to the relative for the period of two years from the date visa is granted to the relative, and must help them by providing support, accommodation, and financial assistance (VISA bureau, n.d.). Therefore, Hasan can also apply for this visa for the purpose of getting the permanent residence in Australia for Melek, and for this purpose Hasan must sponsor Melek. References: Australian Government. Visa Conditions. Viewed at: https://guides.dss.gov.au/guide-social-security-law/9/3. Accessed on 26th August 2017. Australian Government. Visa Subclass 837 Orphan Relative. Viewed at: https://guides.dss.gov.au/guide-social-security-law/9/2/11/330. Accessed on 26th August 2017. Australian Visa Bureau. Remaining Relative Visa. Viewed at: https://www.visabureau.com/australia/remaining-relative.aspx. Accessed on 26th August 2017. DIBP, (2017). Orphan Relative visa (subclass 837). Viewed at: https://www.border.gov.au/Trav/Visa-1/837-. Accessed on 26th August 2017. DIBP. Remaining Relative visa (subclass 835). Viewed at: https://www.border.gov.au/Trav/Visa-1/835-. Accessed on 26th August 2017. Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016- clause 590.211. Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016- clause 590.611.

International Management for Long Term Orientation - myassignmenthelp

Questions: 1.Describe how Hofstedes five cultural dimensions could be used to explain the situation at Lees company. 2. Discuss what, if anything, Lee could do to remain at the company but continue to work in a manner with which he felt comfortable. Explain your reasons 3. Discuss what, if anything, Lee could do to remain at the company but continue to work in a manner with which he felt comfortable. Explain your reasons Answers: 1. Organizations should have a cultural overview of their employees in order to understand them. The need for such an in depth analysis was filled by G.H.Hofstede , when he developed a systematic metric Known as Hofstedes five cultural dimensions that showed cultural inclinations of a particular society. According to his theory, there are five major dimensions which define a culture. Those are Individualism, Long Term Orientation, Masculinity, Power Distance, and Uncertainty avoidance(Anastasia, 2015). This theory can be utilized to understand the case of Lee .He was oriented towards the Australian culture as he was there for a long time .Thus, Lee could not be expected to remain rooted with his Korean ethos and had to adapt when he came back from Australia. With such a back ground, Lee came back to work in Korea which has a very different approach to individualism , the people there prefer to stand for each other and work collectively. It was revealed in the meeting when the manager mentioned that Lee was doing the wrong thing by trying to be exceptional among his equals .In this case it can be seen that the employees harbor a moral obligation towards each other and seniors are looked upon as having a moral authority over the others, whereas Lee was being more individualistic and appeared to be competitive. The problem was further increased when Lee did not understand what trouble his peers were having from him which made him work even harder in order to prove his worth. This again went against the general notion of collective work (Rush, 2017).Thus according to Hofstedes theory, Lee was a victim of difference of individualism between the place he came from, and the place he was working(Leibensperger, 2015). As he had no one to talk to at his workplace, Lee Had no choice but to leave office as soon as his work was complete, which was against the principal of power difference (Lee, 2012).While Lee left office early, his peers waited for the seniors to leave bef ore leaving office, this clearly damaged his reputation as he was unknowingly breaking a general rule, of which he came to know about two months later when he met his manager to convey his feelings to him. At that point, Lee discovered that whatever he was doing to gain confidence among his peers was actually hurting his image. For example, Lee tried to come up with ideas and suggestions at meetings in order to impress his peers, but this gesture was misunderstood as being competitive and hostile by his colleagues. Even the way Lee dressed was different, which, according to the manager, broke the general tradition of the office. Hofstedes dimension takes into account the cultural differences related to acceptance of uncertainty. The way his colleagues were offended by his way of dressing and fashion , it looked like they are less acceptable to change .Lee was simply following a trend as he had been doing in Australia , but this did not work well for him here. 2. It is evident that Lee thinks he has run out of any options to improve his situation. His meeting with the manager also failed to get him a favorable outcome so he was planning to leave and return to Australia as the only option. But Lee can utilize the honest information he received from his manager to handle his problems. During the time in office, whatever Lee did to gather appreciation of his peers was done in the wrong way and Lee did not even know it. Now he has a clearer understanding of the reason behind his problems and he has to find a way out. To start with, Lee can easily accept the fact that his appearance is causing discomfort among his peers. While it may be a common practice in Australia, Lee must have understood now that it is avoided in Korea. This can be viewed as dress code guidelines which he needs to follow(mullingcorp, 2015). This way his first impressions will be more accommodating less hostile than earlier. Another important thing Lee was doing wrong was l eaving office early. If Lee can manage to remain in office a little longer, he would be seen as the one realizing his mistake and trying to make amendments. He may also get to know more about his colleagues, which would help him in the long term(Graham, 2013). These things will not require him to change his basic nature and gut feeling, and so it would be easier to apply. 3. Since the employees were uncomfortable with another colleague who was acting in a manner which was different for them, the manager must make adjustments in the factors related to his workplace which is more collective in nature(Cho Yoon, 2009). In such a scenario, the working environment may be less appealing for reserved or individualistic employees like Lee. While collective team work has potential to generate great performances, sometimes reserved or private employees also contribute a lot to the organization. These employees, if handled properly, can be beneficial for the organization as a whole. Lee appears to have the right talent and a creative mind, to keep Lee in the company; he can be assigned tasks which require fewer interfaces with his colleagues and a defined function, like follow up with clients, researching new markets and product feedback. Since Lee seems to be creative and eager to prove himself, he can be motivated to use his skills as an MBA to scout for new m arkets for business and also follow up with clients on any issues they are facing. This kind of work will involve less interaction with his colleagues as he has to directly report to his manager about any new markets options or a feedback(Apgar, 1998). This can help in avoiding hostilities with his colleagues .The manager must avoid being seen as favorable towards Lee and so he should convince Lee to adjust with the work culture of the office also. Employees need to be explained about the importance of maintaining outfit and other appearances as natural as possible to help them coagulate in organization. Maintaining a simpler outfit and timing with his peers will help him improve his equation with the people at office, while keeping his basic instinct for idea generation and competitiveness. References: Anastasia, 2015. Cleverism. [Online] Available at: https://www.cleverism.com/understanding-cultures-people-hofstede-dimensions/[Accessed 20 August 2017]. Apgar, M., 1998. The Alternative Workplace: Changing Where and How People Work. [Online] Available at: https://hbr.org/1998/05/the-alternative-workplace-changing-where-and-how-people-work[Accessed 20 August 2017]. Cho, T. Yoon, S., 2009. Human Resource Management. [Online] Available at: https://s-space.snu.ac.kr/bitstream/10371/69824/1/kjps_23_2_57-78.pdf[Accessed 20 August 2017]. Graham, K., 2013. Avoiding Conflict in the Workplace. [Online] Available at: https://www.mediate.com/articles/GrahamK1.cfm[Accessed 20 August 2017]. Lee, C. Y., 2012. Korean Culture And Its Influence on Business Practice in South Korea. [Online] Available at: https://webcache.googleusercontent.com/search?q=cache:https://www.jimsjournal.org/21%2520Choong%2520Y.%2520Lee.pdf[Accessed 20 August 2017]. Leibensperger, M. S., 2015. Penn State. [Online] Available at: https://sites.psu.edu/leadership/2015/11/28/hofstedes-cultural-dimensions-theory-employee-behavior/ [Accessed 20 August 2017]. mullingcorp, 2015. Adapting to a Corporate Culture. [Online] Available at: https://www.mulling.com/adapting-to-a-corporate-culture/[Accessed 20 August 2017]. Rush, M., 2017. E How. [Online] Available at: https://www.ehow.com/info_8192993_collectivism-vs-individualism-workplace.html[Accessed 20 August 2017].