Bankruptcy Law – 1

One of the responsibilities as a paralegal is to conduct research. There is a list of basic and useful resources for practitioners and law students to utilize in researching a bankruptcy. The primary sources are Statues, Rules and Cases. The secondary Sources are Bankruptcy Treatises, Internet Sources and Research Databases also known as Bankruptcy Reporter Systems. All these resources are relevant to explain the process in which each is needed to research bankruptcy issues. A statute is a codification of a law passed by legislature enactment and approved and signed into law by the executive branch of the government. These statues serve as source for answering all bankruptcy questions in the Bankruptcy Code itself by plainly finding the right Code section. The Bankruptcy Code defines the rules that collect and distribute the assets to creditors in a bankruptcy proceeding. The Code is well indexed, to start researching any bankruptcy issue. Careful reading, analysis and interpretation are the most important instruments to carry out an effective research. At the end of each code section, there is â€Å"Historical and Revision Notes† that are helpful in explaining the meaning of a particular provision and also a valuable secondary source to locate answers to bankruptcy questions. The two primary sources in the law library for the U. S. Code in print are United States Code Annotated (USCA) which was published by Thomson West and United States Code Services (USCS) which was published by LexisNexis. Both the USCA and USCS provide and include annotations of cases and articles. The online Statues widely used are in the Cornell University Law School, Lll/Legal Information Institute. Rules of the court are rules created by the highest court that govern court proceedings. Cornell University Law School, LII provides a link to information about the Interim Rules and Official Forms for the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. These Rules of Practice and Procedure in bankruptcy commonly known as the Federal Rules of Bankruptcy (Civil) Procedure and Federal Rules of Evidence clarify the collective rules which are regulating the collection and distribution of assets to creditors in a bankruptcy proceeding. For example, instructions on what form is required, how and when a motion is filed, how and when a claim is filed, and the â€Å"how to† questions and so forth. USCA and USCS found in the law core collection have bankruptcy rules in volumes following the Title 11. Attached to the Federal Rules of Bankruptcy Procedures are forms called â€Å"Official and Procedural Bankruptcy Forms. † These forms present direction as to the content and appearance of the documents. In addition each Bankruptcy court makes its own local rules and local forms as long as they are not inconsistent with the Code or the Bankruptcy Rules. Local rules vary from district to district and can sometimes be the source of answering a practice or procedure question therefore; each federal District Court has its own Local Rules of Court, including United States Trustee Guidelines. Both The Federal Rules of Civil Procedure and the Federal Rules of Evidence apply in bankruptcy proceedings but not all these rules apply to a bankruptcy case. Another primary source for paralegals to perform research is case law which is the law established by the outcome of former cases. There are several reporter systems that publish only bankruptcy cases. We can find cases online in LexisNexis Academic and Westlaw Patron Access. Collier also publishes a reporter system called Collier Bankruptcy Cases (Law Core KF1524. C62 1979). The largest reporter system is called West’s Bankruptcy Reporter (Law Core KF1510. A2 W47) and there’s also West’s Bankruptcy Digest (Law Core KF1510. 3 W47). All these reporter systems hold cases decided by Bankruptcy Courts, district courts, courts of appeal, and the Supreme Court that relate to bankruptcy issues. Another system which is acceptable to cite is called Bankruptcy Court Decisions (BCD). In addition, the bankruptcy system uses its own separate treatises. A treatise is a written extensive essay of facts and principles and conclusions. The most common resource used is Collier on Bankruptcy and they follow up with practice forms and guides entitled the Collier Bankruptcy Practice Guide. They consist of sample pleading forms and additional practice tools. These primary sources of researching bankruptcy issues start from codes and follows all the way to reporter systems and online. The internet by far has simplified the time of research in its entirety. Most questions can be answered successfully, proficiently, and quickly if you input the correct Code section or Rule that is related to the subject of the inquiry and then narrow it down to a word or phrase in the code section. The American Bankruptcy Institute (www. abiworld. org) is the most recognized website that gives daily news and report imperative case and legislative developments. The Federal Judiciary Home Page (www. uscourts. gov) can help you access your local court. Moreover, the virtual system in the courts has gradually been incorporating the ability to receive notices of pleadings. Furthermore, courts use the internet to remain current with the official state median family income and various IRS expense standards that must be applied to compute the formula. The internet also provides rapid access to debtor’s current credit report easing the process of waiting to receive it by mail and it also displays a list of management courses required to obtain to discharge individual bankruptcy cases. All in all, with respect to bankruptcy paralegal research, there are plenty of ways of managing a thorough a concise research based on the abundant supply of tools and resources available. It is only a matter of getting the knowledge and experience to accurately apply all the resources like code, statues, bankruptcy report systems combined with the internet to have the best outcome. References: 1. Basic Bankruptcy Law for Paralegals, Custom Edition Published by Pearson Learning Solutions By David L. Buchbinder 2. www. law. asu. edu

Following directions Essay

â€Å"BOOM! â€Å"sounded off as a little red car hit an 18 wheeler. The owner of the little red car was devastated when he noticed the damage done to his car. He was lost for words. The police officer at the scene said â€Å"Sir calm down †¦ you should have stopped at the stop sign.† The owner of the little red car learned to pay attention & follow directions. It is important to follow directions at all times especially when you’re pregnant, preparing food, and doing an autopsy. Following instructions is very vital when it comes to pregnancy because there’s a life at risk. If you don’t take proper precautions, you may have a miscarriage. If you drink or smoke while pregnant, your baby may have life threatening problems. No mother should have to go through this & it’d occur less often if they would follow directions. When preparing food, it is extra crucial to follow the directions on the recipe. Because if you don’t, your food wont taste right. And if you don’t cook anything that is defrosted all the way through then you might get food poisoning. But if you would have follow directions, you wouldn’t have to worry about those consequences & you can enjoy your food. Following instructions is also very vital when building a house. If you mess up one measurement, the whole house won’t have a solid foundation. If you measure something inaccurately, your house may fall in. If you don’t use tape to paint your house then your lines won’t be straight & they’ll be all over the place. Now had you followed directions, there would be no reason to worry about these consequences. To sum it all up, following directions is very important so you won’t have to worry about the consequences. It is very important to follow directions in life, because without directions, and the ability to obey the given instructions, many unnecessary or unwarranted side effects may occur. This is a basic tenant of not only professional and school life, but everyday life as well.

Spain Rise and Fall

Before the 16th century, Spain was not recognized as a legitimate powerhouse in Europe. They were known as a very strong Catholic orientated country located in the Iberian Peninsula north of Morocco. However, in the matter of a span of little over a hundred years, Spain obtained a great amount of wealth and power through conquests and inheritance from the king. Just as they were the greatest empire in the world, it fell apart and soon declined into the status of a third-rate power in Europe.King Charles V of Spain inherited many lands of Europe because of his family background. In 1506, he had obtained the Burgundain Lands, which included the Low Countries and Flanders. He was also the grandson of King Ferdinand and Queen Isabella, the great two Spanish monarchs from the late 15th century. In 1516, he became the first monarch to rule a united Spain. He was not done yet. In 1519 he was granted the Habsburg domains in Austria. Not only that, but in 1530 he was named Holy Roman Emperor. This meant that Charles V has control over the three leading dynasties of Europe at the time- the House of Habsburg of the Habsburg Monarchy, the House of Valois-Burgundy house of the Burgundian Netherlands, and the House of Trastamara of the Crowns of Castile and Aragon. This meant in Europe Charles V had control completly over the Central, Western, and Southern lands. No other monarch in Europe had as much land as Charles V had in the European continent. Not only did he have that land, but also from the Spanish conquests in the Americas and Asia, Charles V had the first global empire in the world.His empire became very rich and powerful from those conquests and imported goods they received from those places. The Columbian Exchange was the exchange of plants and animals from the Old World and the New World in which Spain and other empires successfully benefited from. From 1493, Columbus introduced horses, cattle, sheep, dogs, pigs, chicken, and goats. The rate at which these animal s grew were spectacular, thus leading to more food for the Spanish population which gave them a population increase and more money flowing in because of the extra meats.Not only that, but Spain brought back maize from Mexico, white potatoes from Peru, and various beans, squash, pumpkins, avocados, and tomatoes. Maize was a great gift for the Spanish because it was used as food for all peoples and livestock of the world. Since it gave a high yield per unit of land and a short growing season, it proved to be an especially important cash crop for them. The discovery of silver in the Americas was what really established Spain as the economic powerhouse of the world. In 1545, the Spanish discovered an enormous amount of silver in the city of Potosi.When it was discovered, no one lived in Potosi. By 1600 however, 160,000 people lived there. This made it about the size of the city of London at the time. Potosi yielded about 60 percent of all the world's silver mined in the world and made S pain very powerful and oh so rich once again. Another way the Spanish became successfully rich was from the slave trade. Their slave system was called the encomienda system, which was a legal form of slavery there. The Crown gave permission the conquerors the right to employ groups of Amerindians as agricultural or mining laborers.However as soon as the rapid decline of Amerindian population followed, the Spanish turned to the black slaves of Africa. This started what soon called the Triangular Trade route. The ships were crammed and packed with hundreds of captives in the boats in order for them to increase profits because the more slaves you had alive in your ship, the more money you received. However, the dominance of Spain proved to be temporary and short lived. Through the result of all the increase of the amount of food and land, it was no surprise that the population experienced a steady increase.This also created a sharp rise in the demand of foods and goods throughout the e mpire. Since Spain had removed their best farmers and businessmen- the Muslims and the Jews- in the fifteenth century, the economy was suffering greatly and could not meet the new demands, so prices rose. As well as that, the cost of manufacturing cloth and other goods increased, and Spanish products were not able to compete with cheaper products made elsewhere in the international market. King Charles V was no longer king of Spain by 1556 because he was tired from he long decades of ruling the vast empire. Through his reign he spent time warring with the French and the Ottoman Empire throughout his reign. He also spent his time devoting his time to stamp out the Protestant Reformation. Thus, the throne was passed down to his son Phillip II. The main event and problem that crucially hit the Spanish Empire was the â€Å"British problem. † On 1586 Mary, Queen of Scots who was the cousin and heir of Elizabeth, became involved in a plot to assassinate her. This was for the hope f or England to reunite with Catholic Europe.Phillip fully supported the plot. Not long after, Mary was discovered and was beheaded on February 18, 1587. Phillip soon heard of the news and went after to conquer England. Conquering England promised the additional benefit of cutting off financial support to Dutch rebels since Spain was in a bitter war with the Dutch at the time. Phillip's strategy was to prepare a vast fleet to sail from Lisbon to Flanders. They would fight off Elizabeth's navy if needed, rendezvous with the duke of Parma, and escort barges carrying Parma's troops across the English Channel.On May 9, 1588 Phillip's fleet of 130 set sail from the Lisbon harbor. The fleet was part of the great Spanish Armada. The Armada met an English fleet in the Channel. The English ships were smaller but faster, allowing more maneuverability in the water. Many of the ships had greater firing power than the Armada ships. The combination of storms, spoiled food and rank water, lacking am munition, and the scattering of the Spanish ships from the English fire ships gave England victory. The Armada was defeated even before they reached the Netherlands.On the way back, many other ships went down near Ireland and about 65 of the ships were able to make it back home. The defeat of the Armada prevented Phillip II from re-imposing religious unity on Western Europe by force. He unfortunately did not conquer England, and Elizabeth continued with her financial and military support of the Dutch. In 1609, Phillip III of Spain (r. 1598-1621) agreed to a truce. This truce recognized the independence of the United Provinces. In the seventeenth-century, memory of the loss of the Spanish Armada contributed to a spirit of defeatism.It was all set and done in little over a century. Spain had completed its epic collapse from being the global empire of the world, to now being a third-rate power in the seventeenth-century. Spain obtained a great amount of wealth and power through conques ts and inheritance from the king in the sixteenth-century. Just as they were the greatest empire in the world, it all fell apart and soon declined into the status of a third-rate power in Europe. In all, we can see how things can quickly change from being outstanding to disastrous.

Human Resource Management strategy Essay Example | Topics and Well Written Essays - 1000 words

Human Resource Management strategy - Essay Example The concept of Strategic Human Resource Management has replaced the traditional perception of human management. Even though the traditional theories of human management (Maslow's hierarchy of needs, ERG theory and Herzberg Two-Factor theory) are still used by most of the HR managers, the functions have changed to include the strategic planning. Human Resource Management can build the organizational capacity and sustained competitive advantage. Organizations must be able to adapt to the changing environments and be ready to react to risks. Any organization that wants to remain successful must continually assess and formulate new strategies to meet the needs of its customers (both internal and external) in more effective ways (Marchington 2005). For example, if the organization is emphasizing the cost strategy, the changes in HRM activities will enable those strategies to become the major focus of organization. If particular, the multi-skilled employees and less expensive staff will help to meet the cost objectives. Without proper changes in HRM functions, organizational strategy might fail. Not a single organization is able to avoid conflicts and risks on the market. The development and application of the HR strategies of dealing with conflict determine the way company will deal with the outside conflicts. There are three HR views on dealing with conflict: traditional (conflict is harmful and requires the firm approach for avoidance), behavioural (conflict should be expected and turned into benefit), and interactionist (conflict is inevitable and should be challenged). These three views represent the ways companies are dealing with conflicts within organization, in the workplace setting. However, the same views can be applied to strategic management as well. For example, there is always the threat of competitor being more successful in marketing and if the company is ready to face this challenge, it can be turned into the benefit. Moreover, companies spend thousands of dollars to recruit talented employees and pay bug salaries to the individuals who contribute the company's success. At the age of globalization and increasing importance of skillful workforce, retaining employees is not an easy task and has become the part of the strategic planning. Employees, especially upper level, should be motivated not only to remain with the company, but also to improve their performance on continuous basis. As the research indicates, the Maslow's hierarchy of needs was not validated, but it does work in motivating employees (Purcell 2003). It is worth to note that the strategically important employees come into the company when the needs of the lower levels are already met and they seek for self-actualization mainly. Motivation of employees, as it was already noted above, is the key factor in achieving the company's success. Herzberg's Two Factor Theory provides the insight on motivators and dissatisfiers. Herzberg assumed that motivators are under the control of individuals, while dissatisfiers are under the control of organization. However, this assumption does not seem to be workable. For example, if the HR Managers knows about the factors which satisfy the employees and motivate him to contribute more into the company, these factors could be stressed continually. Thus, motivators are un

System and databases Essay Example | Topics and Well Written Essays - 3000 words

System and databases - Essay Example The details of the venue should be kept for record purposes. Presenters should be paid upon completion of the conference. It is important for the staff to check if the conference was run for the first-time or repeated because the presenters are paid higher fees for the first-time conference as they have to write the material for it. The details of payment, such as, amount, method etc. should be recorded, and a pay slip for the presenter. A record of the payment should be kept for tax and other purposes. ii. Define the Business System Option which you think is best for the organisation, taking all factors into consideration. It is not necessary to give a detailed technical specification or precise costing. The reasons for the recommendation should be clearly stated and the implications for the organisation fully explored. However all points should be directly relevant to the organisation and expressed as concisely as possible. Marks will be deducted if the answer has many vague generalisations about the benefits of IT. The users can forward their suggestions about new topics through the website, hence, eliminating the need for consulting or contacting organizations and delegates over the phone or in person on regular basis. Once users are able to include their nominations for potential topics and companies are able to offer their sponsorship through the website, it would be also possible for the system to automatically determine the feasibility of conferences for setup. This option will increase the productivity of the research department to the great extent. The system shall list down appropriate presenters for the conference on the basis of their experience, education, or any specified criteria. This would allow the Production department to select the suitable presenter in less period of time. The system shall keep a check on unpaid invoices and shall be able to generate

DQ1 Essay Example | Topics and Well Written Essays - 500 words - 6

DQ1 - Essay Example Consumers decide about the goods and services they prefer to purchase while the objective of business firms is to decide on how to produce products and the variety of products to be produced. Government entities aim to provide public services and decide on the methods to finance them. The behavior of these varying sections of the society may be termed as purposeful behavior in terms of managing resources and finance, though it may be noted that institutions and people are not free from faulty decision making because decisions are influenced by emotions and by people around the decision maker. Economists consider the marginal analysis while decision making; a comparison of marginal costs and marginal benefits. In this context, marginal means additional, extra or a change in. For example, economists analyze whether a business should reduce or expand or whether the government should increase or decrease funds for a particular cause. A rational decision maker must compare both marginal costs and benefits while making a choice. Economics gives significance to scientific methods to observe consumption behaviors and outcomes and derives hypothesis (cause and effect), tests and modifies the hypotheses using facts and finally evolves it into economic theories or principles that predicts the outcomes of specific actions. Therefore, it is important to study economics, because economics concerns with theories and methods that support facts about how institutions and individuals essentially behave in producing, consuming and exchanging goods and services and thereby find a logical balance while consuming the available resources in this world (McConnell 2005 p.4-6). The sacrifice made by the society to acquire more of one product and when the society forgoes the chance of availing the next best thing, the sacrifice is called the opportunity cost of choice. Every option includes marginal benefits because of marginal costs (scarce resources). While making a reasonable

Globalizing the Central Asia Essay Example | Topics and Well Written Essays - 1250 words

Globalizing the Central Asia - Essay Example As the American war efforts in Afghanistan comes to its end, the central Asia has started fading away from the public eyes, but the central Asian region remains a key area of the globe. The region is still not yet settled, as it is the neighborhood of both the South Asia and the eastern Asia. The region also borders Russia in the southern part. The region is being done justice by Peyrouse and Laruelle through the belief and a clear survey on how they can keep along with the outside powers (Laruelle, 27). While considering ways in which the central Asia consider themselves after going through a rough time in terms of relationship with the outside powers that surrounds them. While considering the challenges of globalization that faces the global nations that have an interest in the central Asian states. The countries that are interested in the central Asia stakes secured the states from the current recap of the great game in the nineteenth century that is between the United Kingdom and Russia. Rather than this, they give light to the little games, which are more complicated. A number of actors play the â€Å"little games† from different parts of the globes such as the American, Chinese, India, Iran, the European Union, the Russian, and the states of the Arabs that are found in the Middle East.

Writing the Winning Thesis or Dissertation Essay

Writing the Winning Thesis or Dissertation - Essay Example The reviser must restate the problem precisely how it comes out in chapter one of the book. The researcher must also have a detailed and precise review of the methodology without exaggeration in repetition. A detailed and precise review helps readers who have not read the chapter containing the methodology part to understand it.However, your chair may approve another organization in a way that pleases the reader. General-to-specific can be sufficient by giving a result first then evidence later, but the writer does not have to represent the details mentioned in the previous chapter. The writer should avoid partisan interpretation at this stage. Writer should also observe great clarity when stating the findings by using word sequence or bullets.Discussing the hypotheses of the study is the most crucial section in the final chapter. Reflection of the findings provides a quick answer to the researcher question that aims at finding the meaning of the study other than the details. Tentati ve answers to study questions provide a solution in determining the content of the chapter.The writer should develop an outline for the chapter. The section contains the researcher insights. Research ideas allow the researcher to conceptualize the study without being assertive. The other components include Relationship of the current study ahead of research, theoretical impacts explanation on expectation and Amplification for practice. Final in the list are recommendations for further research.

FINANCIAL ACCOUNTING 3 Essay Example | Topics and Well Written Essays - 1250 words

FINANCIAL ACCOUNTING 3 - Essay Example Due to the intervention of numerous regulatory bodies and the outbreak of various accounting standards which guide the management in their financial reporting and disclosure requirements, the length of the financial statements has drastically increased. The accounting policies, treatments and disclosures are being formulated in order to meet the requirements of modern accounting and to provide the shareholder and other users a better understanding. (Li, 2005) It has been observed that the public companies, as compared to private companies, extend the size of the annual reports beyond the regulatory and other standard requirements as the standards do not provide the maximum limit for any particular disclosure. The annual report includes certain areas which are purely judgmental and are left for the directors to comment such as the area of â€Å"Going Concern assumption†. The directors use this are to comment on the going concern of the company and illustrate the going concern by shedding light on numerous reasons why they assume the company is a going concern. (Holmes 2008) One of the foremost causes of the detailed and lengthy annual report is the demand for detailed and lengthy information set forth by the requirements of the Accounting standards and the regulatory bodies. These disclosures include the detailed disclosure of the remuneration of directors, pattern of shareholding and structure of committees. International Accounting Standard I requires a disclosure of the summary of significant accounting policies. These disclosures usually remain untouched year after year, including the copying of policies from the IFRS or descriptive financial statements. These disclosures easily take up to eight pages or even more. There is a regulatory requirement for the company to include a directors’ report based on their view on the financial statements of the company. This report is used by the directors to shed some light on the

Heroic Criminals Essay Example for Free

Heroic Criminals Essay All throughout childhood we are taught that breaking the law is bad and the people who do are criminals and should be punished. Edward Abbey, author of The Monkey Wrench Gang, and Carl Hiaasen, author of Sick Puppy, alter these thoughts. Both novels focus on adventuresome environmentalists who stir up trouble in means of standing up for their beliefs. Both Abbey and Hiaasen construct higher and natural laws over the traditional justice system that gives characters justification for their actions. Ethically we as humans should not side with these rebellious characters, but the theme is so central in the books cover-to-cover that we, as readers, lose sight of morals as the authors manipulate us to become completely invested in these heroic criminals. With sharp uses of characterization and description, Edward Abbey glorifies the art of law breaking and leaves his readers cheering for the heroic criminals. Throughout The Monkey Wrench Gang, the group of four activists set out to destroy bridges, signs, bulldozers and anything else harming the American southwest. From the very beginning, Abbey illustrates a scene full of the workings of the justice system in his prologue. When describing the ceremony to open the bridge he states, â€Å"the bridge stands clear and empty except for†¦a symbolic barrier of red, white and blue ribbon stretched across the bridge from rail to rail† (3). If the sense of patriotism wasn’t evident enough through images of children eating ice cream cones and people drinking Coca-Cola before that, Abbey drapes the bridge in the colors of our nations flag. His portrayal of the project seems to be adored and almost sponsored by America. He uses the writing technique of verisimilitude throughout the prologue to captivate readers and make them anxious to see who disapproves the project. This is a true introduction and welcoming to rebellious characters. As the novel progresses, we become familiar with the gang: Hayduke, Bonnie, Seldom Seen and Doc, as they are driving through billboard signs. Some readers might lose respect for the characters because their actions seem hypocritical and pointless. Their actions are against the law. But then Abbey slowly develops the characters and gives them justification for these criminal actions. He does this with Hayduke criticizing the construction of bridges, â€Å"They can’t do that; it ain’t legal. There’s a law against it. A higher law† (27). The phrase â€Å"higher law† justifies the gang’s destruction because they are taking a stand to save the environment, the beautiful American southwest. As destruction projects get bigger, we find ourselves rooting for these criminals because they are heroes. And we find ourselves captivated in the novel with Abbey’s clever use of an episodic plot. He arranges plot elements into a story and although we aren’t deep into the character’s lives, the focus on episodes drives us forward. As Abbey slowly develops the protagonist characters, he introduces the character, Bishop Love, who we as readers coin as the antagonist. Once again Abbey manipulates our morals as we begin hating the character who could possibly bring down our rebels. Bishop Love exclaims, â€Å"We might get them on the Mann Act come to think of it-crossing the state line for immoral purposes† (296). The fact that the Mann Act was first established to regulate prostitution across state lines cleverly draws us against the bishop’s character and law in general. Abbey’s use of an actual law brings the entire chase back to reality as we still see ourselves siding with the heroic criminals. Abbey actually creates this chase into a war and the heroic criminals become heroic war veterans. As the chase continues, Hayduke once again defines this higher sense of law and justification for war, â€Å"I sat in that rotting jungle every night, playing with my chain, and all I could think about was home. And I don’t mean Tucson†¦I thought about the canyons† (359). This is a very lively twist on the patriotic term war because when we think of war we think of Americans going into another country. Here, Americans are in a war in America against other Americans. And because of this, someone is breaking the law or going against the law. As true as that statement is, we find ourselves naming the criminals as the war heroes through Abbey’s manipulation. Although in the end these heroes are captured and the project seems to be brought to an end, the denouement proves to serve poetic justice. The epilogue consists of Doc, Bonnie and Seldom being almost immediately bailed out of jail, Bishop Love in slow recovery, and the survival of the most prominent environmentalist, Hayduke. Such a fitting ending for our manipulated beliefs. Similarly to Edward Abbey’s manipulation of our morals through characterization and development, Carl Hiaasen uses the same techniques within the theme of criminal heroes. Right off the bat, we meet Twilly who is the definition of activist. We quickly learn that if he doesn’t like something, he takes immediate action. And it’s not with anger that he takes action, but disappointment, â€Å"†¦if I was really pissed, I would’ve done it on a Monday morning, and I would’ve made damn sure my uncle was inside at the time† (19). This is in response to his therapist asking if the reason he blew up a bank was due to the fact that he was angry his uncle made a loan to some â€Å"rotten people† (18). We aren’t really introduced to the proper sense of law as we were in The Monkey Wrench Gang, but such grotesque images of the characters in political positions make us see them as the bad guys and the person who blows up a bank as a hero. More grotesque images develop as we learn about Robert Clapley and his Barbie dolls and Palmer Stoat and his trophies. So even though we want to hate the main characters, we hate who Hiaasen wants us to hate more. With this manipulation technique and Hiaasen’s rapid tonal shifts between parallel characters, we find ourselves not being able to put the novel down. He creates a sense of higher law that gives us a place to go and pretend we’re there with Twilly being a heroic criminal and activist. Hiaasen also does not overstep his boundaries with this sense of higher law as characters are able to resist destruction. In the scene where Twilly and Desie are driving behind a lady in a Lexus who threw her cigarette butt out the window, Twilly wants to put her car up in flames, but he lets off (219). Although we are already on Twilly’s side, the fact that he can resist gives him more respect as a â€Å"criminal. † Once again, in the reader’s eyes, what makes him a hero is how Hiaasen develops the negative characterization of characters like Clapley, Gash and Stoat. In a very grotesque scene between Clapley and Stoat, Stoat explains, â€Å"The important thing is, that nutty kid is finally out of the picture. And, oh yeah, Desie and Boodle are OK, too. Not that I give a shit† (360). Immediately after this is said, â€Å"Clapley finds himself gazing past Stoat, at a dancer performing in a nearby booth†¦Ã¢â‚¬â„¢if only she was taller’† (360). As illustrated, Clapley and Stoat are both sick people and we want them to be punished and destroyed. We are pulling for Twilly to torture them and win. The novel takes shifts towards a focus on the greed of politics where nature is just a victim and Twilly is standing up for it. In another beautiful example of poetic justice, the epilogue is used as a framing device to bring the novel full circle. In one example, the novel begins with Stoat hunting a rhino and ends with him being impaled by one (429). The ending of our other hated character, Robert Clapley, comes full circle as his most prized possessions, Katya and Tish, become, â€Å"†¦a trademark symbol; this order to include but not expressly be limited to such oral and visual depictions as ‘Goth Barbies’, ‘Undead Barbies’, and ‘Double-Jointed Vampire Barbies’† (445). This is a direct occurrence of what Clapley didn’t want to happen and we find ourselves giggling about the fact. The sense of the novel as a political cartoon truly adds to our enjoyment as readers and superb justification of higher law and love for heroic criminals. In conclusion, both Abbey and Hiaasen create a new definition of criminal through manipulating our morals in their development of characters and justifying it with the sense of a higher law. Adventuresome environmentalists deface and destroy many things, yet we find ourselves as readers cheering for them to do so and get away with it. Ethically we should not side with these rebellious characters, but we truly are completely, 100% invested.

Marketing Plan of Nestle

Marketing Plan of Nestle Nestle is the leading FMCG company of Switzerland established by Henri Nestle. Nestle is serving worldwide with its more than 500 factories in 86 countries comprising almost all continents. Nestlà ©s product portfolio is more than 500 products all over the world serving best to their customers. Henri Nestlà © endowed his company with the symbol derived from his name. His family coat of arms, the nest with a mother bird protecting her young, became the Companys logo and a symbol of the Companys care and attitude to life-long nutrition. The Nestlà © nest represents the nourishment, security and sense of family that are so essential to life Launched on the North American market in 2003, Nestlà © PURE LIFE is destined to become the worlds top and most widely distributed brand by 2010. Nestle is also willing and has goal to achieve the $1 Billion enterprise by 2014. Nestle Pure Life is a premium drinking water, produced to the highest standard of safety and purity. The company is seeking to provide customer with pure drinking water on suitable prices make the product as convenient as possible. According to their claim that they provide the best food throughout the world Nestle is leading brand in water market and has left behind many local brands which were working before the launching of Nestle Pure Life. Now it has maximum market share in developed and major cities of Pakistan like Lahore, Karachi, Islamabad, Multan, Hyderabad and many others. As we have discussed earlier that Nestle is going to become the fully market leader of water market in Pakistan, signs are clearly visible to achieve the set point of Nestle. Nestle Pure Life is also the star product of Nestle Pakistan and most probably all over the world where Nestle Pure Life exist. Here you can see the market share chart for the product and after that there is a Boston Consultancy Group Matrix is shown which would describe the ranking of Nestle Pure Life in product portfolio of Nestle Pakistan. Nestlà ©s business objective is to manufacture and market the Companys products in such a way as to create value that can be sustained over the long term for shareholders, employees, consumers, and business partners. Nestlà © recognizes that its consumers have a sincere and legitimate interest in the behavior, beliefs, and actions of the Company behind brands in which they place their trust and that without its consumers the Company would not exist. Nestlà © continues to maintain its commitment to follow and respect all applicable local laws in each of its markets. According to our observation and market survey, we have concluded that as such there is not set demographic techniques to set the specific target market. Because, water is something that everyone uses. Everyone can use any size of bottle that Nestle is offering. There are some variations that can be made throw OUR OBSERVATION but not from the company Nestle Pure Life comes in four different sizes. These four are targeting different types of people and lifestyles. The smallest size of Nestle Pure Life Water of 0.5L. This size is being heavily used by the consumers in place of soft drink. University and Colleges are also included in its target market of this size. But the product is used by everyone in the society also. It is not only specified people that have been discussed above. The second size of the Nestle Pure Life Water which is about 1.5L. This size is being used in mostly meetings. You can say that any kind of organizational meeting or any other social meeting, this product i s being used. The third size of the Nestle Pure Life which is used in mostly houses and offices in the waiting area. The fully household product and also using in executive rooms in offices with the dispensers. This Nestle Pure Life Water Bottle is also very helpful in many dispensers available in the market with good options We can easily observe that Nestle itself is not taking active part in social welfare. And on the other hand, we see the lower prices of the product as compared to the other FMCGs Companys products like Unilever, Colgate. Palmolive and Procter and Gamble. If we look at the prices, we can observe that Nestle is also using its name for the promotional activities and pricing strategies also. They have to maintain their level of efficiency and always provide the best at best price. Nestle cares about the customers. As the time is of inflation, nestle is trying to overcome the pricing problems to the extent they can do. Nestlà ©s point of view is Only by understanding their needs can we serve our consumers to the fullest Profit earning is the core aim of every company but in case of nestle their profit margin is small just for the sake of customers trust and happiness. Only a few amount of profit is collected from pure life water. Nestle always strive to give superior product at low rates . Nestle is also one of the leader of retaining their customers. This is one reason of their success. They use the simple formula for the price that is Cost + Profit. The main reason is Pure Water which is the name of this product. Rests of the water products are using chemicals which can be harmful for the human body but Nestle Pure Life is the only water product which is pure in nature. That is also the unique selling point of Nestle Pure Life. This is the most powerful point that is in the mind of the customers while purchasing any water bottle in their routine life. The brand name is also very important for the consumers. The slogan of Nestle is Good Food Good Life. That is very attractive slogan people can attract from. It puts the perception in the minds of people that theyre being offered good products for their healthy lifestyle. If you look at the logo of Nestle, youll get to know that a bird is feeding the children. Obviously a mother cant deceive the children. Nestle pure life is a brand of nestle which explains a big symbol of quality to customers. Nestle Pure Life shows in their ads about the purity of water and the water need for you r body. In its launching advertisement, the company advertises Nestle Pure Life very successfully. In that advertisement, a lady is drinking Nestle Pure Life Water and then it goes towards inside the body to show the functions of pure water. That was the awesome commercial that boosted the sale of Nestle Pure Life. Nestle is also advertising on famous websites like you can observe that whenever you will login to your face book account, the ads of Nestle will be there. There are number of sign boards and banners you will see in the cities to aware people about the products of Nestle. Thus, Nestle is using all types of media to advertise their products in anyway. When Nestle Pure Life was launched, they distributed the free samples of 0.5L bottles for market testing and for their advertising purpose. Then a short walk was also arranged for the sake of good health and seminars was also conducted to make sure about the pure water needed your body. To understand the depth of Positioning, we will divide into three steps The final aspect of the micro environment is publics, which is any group that has an interest in or impact on the organizations ability to meet its goals. For example, financial publics can hinder a companys ability to obtain funds affecting the level of credit a company has. Media publics include newspapers and magazines that can publish articles of interest regarding the company and editorials that may influence customers opinions and our mostly products are selling on the public advertisement because the people are the too much concision about their health. Government publics can affect the company by passing legislation and laws that put restrictions on the companys actions. Citizen-action publics include environmental groups and minority group and can question the actions of a company and put them in the public spotlight. Local publics are neighborhood and community of the organizations and will also question a companys impact on the local area and the level of responsibility of their actions. The general public can greatly affect the company as any change in their attitude, whether positive or negative, can cause sales to go up or down because the general public is often the companys customer base. And finally, the internal publics impacts include all those who are employed within the company and deal with the organization and construction of the companys product. Each market impact has different characteristics and causes they find important. This can be beneficial to a marketer as they can decide who their product would benefit most and tailor their marketing plan to attract that segment. Demography covers many aspects that are important to marketers including family dynamics, geographic shifts, work force changes, and levels of diversity in any given area. Another aspect of the macro environment is the economic environment. This refers to the purchasing power of potential customers and the ways in which people spend their money. Within this area are two different economies, subsistence and industrialized. Subsistence economies are based more in agriculture and consume their own industrial output. Industrial economies have markets that are diverse and carry many different types of goods. Each is important to the marketer because each has a highly different spending pattern as well as different distribution of wealth. The natural impacts: The natural environment is another important impact of the macro environment for the organization. This includes the natural resources that a company uses as inputs and affects their marketing activities. The concern in this area is the increased pollution, shortages of raw materials and increased governmental intervention. As raw materials become increasingly scarcer, the ability to create a companys product gets much harder. Also, pollution can go as far as negatively affecting a companys reputation if they are known for damaging the environment. The last concern, government intervention can make it increasingly harder for a company to fulfill their goals as requirements get more stringent. The technical impacts: The technological environment is perhaps one of the fastest changing factors in the macro environment. This includes all developments from antibiotics and surgery to nuclear missiles and chemical weapons to automobiles and credit cards. As these markets develop it can create new markets and new uses for products. It also requires a company to stay ahead of others and update their own technology as it becomes outdated. They must stay informed of trends so they can be part of the next big thing, rather than becoming outdated and suffering the consequences financially. The political impacts: The political environment includes all laws, government agencies, and groups that influence or limit other organizations and individuals within a society. It is important for marketers to be aware of these restrictions as they can be complex. Some products are regulated by both state and federal laws. There are even restrictions for some products as to who the target market may be, for example, cigarettes should not be marketed to younger children. There are also many restrictions on subliminal messages and monopolies. As laws and regulations change often, this is a very important aspect for a marketer to monitor. The final aspect of the macro environment is the cultural environment, which consists of institutions and basic values and beliefs of a group of people. The values can also be further categorized into core beliefs, which passed on from generation to generation and very difficult to change, and secondary beliefs, which tend to be easier to influence. As a marketer, it is important to know the difference between the two and to focus your marketing campaign to reflect the values of a target audience. Nestle is the world leader in FMCG industry. People trust on the products launched by the company even the product is facing some problems. Nestle was doing its good job in past but now it is facing some problems of low quality of their products. Nestle is sued by someone they claim that they are doing unethical business. They are mixing unhygienic things which can cause damage to customers health. Its example is that their water is not pure and good for health. You can see dust partials in Nestle mineral water when you keep it in sunlight that shows its product quality is down. Now they have to do more making their strong position in market because when you lose your image in customers eye then it is difficult to renew their image. Marketing plan of Nestle Marketing plan of Nestle MARKETING PLAN OF NESTLE NESTLE Nestle had setup its first plant in 1961 in Moga (Punjab). The company is acknowledged as one of the leading companies in the FMCG sector with â€Å"Top rated wealth creators of India â€Å". It is progressively evolving into food, beverage, nutrition, health, wellness, and touching lives of people. Nestle India has strong brands like Maggi, Nescafe, Cerelac, Lactogen, Kit, Kat Polo, Milo and Polo. It has set up â€Å"Cafe Nescafe â€Å"and â€Å"Coffee Corners† in mini metros. Nestle is leveraging the vast consumer base in India. There has been continuous focus on values. NESCAFE In Hebrew, the word â€Å"NES† means Miracle â€Å"CAFE† means Coffee so together its a miracle with coffee. Nescafe believes in innovation, improvement, thrust on value for money. Nescafe leads the market of instant coffee with Rs.361 crore. The companys beverage products generate 22% of the companys total revenue. Nescafe has pushed into more diverse media. Global Coffee market s segregated into three segments: Instant Coffee Roast And Ground Coffee Chicory Despite the ever increasing choice available to the consumer, Nescafe original maintains its position as not only the nations favourite coffee, but also the leading hot beverage brand overall. In 1930, the chairman of Nestle in Switzerland was approached by the Brazilian coffee institute and asked to develop coffee that was soluble in hot water and retained its flavour. From these beginings came not only the worlds first instant coffee, but also the emergence of a classic brand of the millennium. After years of painstaking research, scientists at the Nestle research laboratory in Switzerland finally achieved the desired results, and on April 1, 1938, Nescafe was launched in Switzerland. Nescafe original holds the pre-eminent position with a 36.5% retail share of the instant coffee market. The coffee sector s led by Nescafe brands which account for 55% of all instant coffee sales n the UK. BUSINESS STATEMENT Nescafe business objective , and that of management and employees at all levels , is to manufacture and market the Companys products in such a way as to create value that can be sustained over the long term for shareholders , employees , consumers , business partners and the large national economies in which Nescafe operates. Nescafe is conscious of the fact that the success of a corporation is a reflection of the professionalism, conduct and the responsible attitude of its management and employees. It continues to maintain its commitment to follow and respect all applicable local laws in each of its markets. It s conscious of the fact that the success of a corporation is a reflection of the professionalism, conduct and the responsible attitude of its management and the employees. Therefore recruitment of the right people and ongoing training and development are crucial. MARKETING OBJECTIVES We are going to use the method SMART: Specific: The objectives have to be clear. For example, in each shop, the company of â€Å"NESCAFE† must achieve the selling objectives. The turnover to reach will not be the same in the different shop because we make the selling objectives according to size of the shop, the frequentation, the type of the clients. Measurable: The company has to follow the different targets in the sales outlets and if each Shop allowed reaching the objectives. To measure the sales we can calculate the sales by day In order to understand how the client bought the product. With these data we can improve The strategy and the sales. The commercials can ask to the supermarket to put the product in A different way or to make more promotion. Achievable: The targets have to be realist. At the beginning the turnover would grow slowly and after the promotion, it would have a faster expansion. If we reach to win clients from Our main competitor (in a first time) and from the others tea brand (in a second time), the Sales would grow increasingly. The firm should have a long terms vision and should bereactive in front of decisions or problems which can occur. Relevant: the objectives have to be founded on fact and not on suppositions. The firm has to Respect its general strategy and its image. The firm should take into consideration the sales Of its competitors in order to be based on relevant objectives. Timed target: each objective should have a deadline. It can allow measuring the different Sales of the day, of the week, of the month, according to these data, the firm can change the Objectives or makes promotion to reach these objectives. INDUSTRY ANALYSIS TRENDS: In 2005, the tea industry reached the $1.7 billion category and it is expected to continue growing indefinitely (Mintel 2005). Market analyst believe the tea industry will continue to boom and is not expected to reach saturation level in the near future. The favourable movement in the tea industry can be attributed to two major factors: (a) Consumers need for convenience and time-saving services; and (b) the positive press given to tea. For the last decade, the health benefits of tea have gained wide coverage in the media. Studies continue to show the beneficial properties of tea, with health benefits ranging from lower cholesterol levels to improve arterial health and decreasing chance of cancer. This positive press has definitely catapulted the demand for tea. Consumers believe that tea is very good for the body, thus, it is more logical to drink more tea and less soda pop and other drinks. Consumer considers Nestea as a healthy habit. COMPETITOR: One of the major competitor for Nescafe tea in the world tea markets Lipton tea. Moreover the alliance between Unilever and PepsiCo is expected to enable Lipton to strengthen its global position. Lipton tea is going above and above these days, so the competition would be strong. There are other tea also, like Tetley who s gaining good market. CUSTOMER PROFILE: There are two major target markets for ready-to-drink tea. One group s the consumers on the go. These are the employees, students, and other consumers who lead a busy lifestyle. Thus, there is a need for products that are accessible and readily available. Convenience has dominated the market, particularly the food and beverage industry. The other group is made up of health conscious consumers, specifically the baby boomers who patronize anything healthy. SWOT ANALYSIS Strengths Great leap forward in media. Sustained improvement in customer service levels. Global leader in instant coffee the company has a clear global lead in the important coffee sector, which is growing significantly in emerging markets, accounting for 21% of global value in 2007. It has solid financial base. Nestle has a number of cost-saving programmes in place and as a result ,has been able to place itself in a position where it is able to afford sizeable investment in brand development. Weaknesses Agencies spent all their time fighting each other. Adopted a pricing strategy higher than competitors. The mass-market positioning of Nescafe, presents significant difficulties in terms of tapping into the growing demand for premium coffee products. Nescafe has developed only minimal presence in tea, a sector which is benefiting notably from the rise in consumer health-consciousness. Opportunities Shortage of tea supply unlikely. Consumers are living a healthier lifestyle. Growth in tea market due to promotional efforts of healthy attributes of tea. Euro monitor International forecasts that Asia-Pacific will be the fastest growing market for hot drinks over the 2007-2012 periods. As Nescafes largest regional market, Asia-Pacific therefore presents significant opportunities for the company n spite of poor conditions in major Western European markets. It could further develop its confectionary brands n other hot drinks along the lines of existing products. Threats High quality tea prices will increase moderately. Tea market is very competitive and relative elastic. Sluggish prospects in developed markets market maturity and aggressive competition amongst retailers are set to constrain hot drinks growth severely in major developed markets during the forecast period. Increasing transport and raw material costs, mainly relating to rising bean, oil and packaging prices, are placing significant pressure on margins in the companys beverage operations. MARKETING STRATEGIES Nescafe FMCG giants wants to be a â€Å"preferred client†. Strike balance between tapping into local knowledge of markets and disseminating global practice. Communication efforts are directed effectively and with maximum return on investment. To work with the limited number of agencies so that they really know the business. Encourage its agencies and employees by making changes in remuneration. Nescafe has even in the past resorted to low-key market penetration strategies. Nescafe can take advantage of the positive press on the health benefits of tea to boost the sales of its tea product line. The company can use recent studies on the health benefits of tea as the basis of its press releases and advertising campaigns. TARGET MARKET We want to touch the target group n a progressive way. At the beginning, it is important to touch the consumers of black tea, fruit tea and health tea. In second time, we should attract consumers of the main competitor â€Å"LIPTON TEA†. The next step will be to touch the tea drinkers in general and at the end, the consumers of coffee. We can argue for the coffee drinkers that the black tea is as strong as the coffee and good for the health. DISTRIBUTION CHANNEL Mc cann and publicis mojo is the lead global agency of Nescafe. Products are sold throughout India and also are exported to Russia, Hungary and several other countries. Visibility and availability of product had been supported by smaller stock keeping units. MARKETING MIX Product Nestea will be a high quality product offered as specially blended Black tea as well as Fruit and Herbs. Contents of the Nestea black are: 40 bags, 80 bags, 150 bags, 250 bags (Family pack) The amount of bag refers to different target groups. 40 bags for singles, 80 bags for couples, 150 bags and 250 bags are Family packs. Contents of Nestea fruit and Nestea herbal is 25 bags. This is standard size, very common on the tea market (comparison with competitors) The different tastes offered will be: Peppermint, citrus fruit, mango and peach, apple, vanilla. Place Tea is imported from India because the company is able to get high quality for a reasonable price. The final product will be distributed to Retailers such as supermarkets and small shops so the end consumer has easy access to it. Place in supermarkets: The fruit and herbal tea boxes should be placed on the top of the shelves in the supermarkets. Beneath them on the middle and lower levels the black tea should be placed according to the content of tea bags. 40 bags should be placed higher than the ones containing more bags. Price Nestea price would be Content Price Nestea Black 40 bags Rs. 40.99 Nestea Black 80 bags Rs. 78.99 Nestea Black 150 bags Rs. 145.99 Nestea Black 250 bags Rs. 235.99 Peppermint 25 bags Rs. 49.99 Mango Peach 25 bags Rs. 39.99 Apple 25 bags Rs. 40.99 Vanilla 25 bags Rs. 41.99 Promotion The promotion is the most important point to launch our products because we want to be able to compete with our biggest competitor â€Å"Lipton Tea†. We are going to set up original events in order to attract new customers and consumers of the other tea brands. Promotion in supermarkets: We want to set up a stand in the supermarket in order to make tasting to the supermarkets clients. The stand should represent the brand with the colour of the company During the launch of our product, all the customers at the supermarket will receive a sample of â€Å"Nestea† for free at the cashers including a voucher which explains the game to win a trip to London. Promotional offers during the year: If a client buys a box of 150 bags, he will get a free cup or a spoon. If he buys a box of 250 bags, he will get a free box of vanilla tea. The top companies markets spend 40% of their budget on TV. FINANCIAL PROJECTIONS Updated General Fund Projection for FY 2008 There are no specific fiscal actions that result from acceptance of this report. The Fiscal impact of the FY 2008 budget projection will be considered as part of the FY 2008 budget process. As a result of updating the FY 2008 current level of services, the estimated deficit faced by the County is between $201.6 million and $238 million, which is, at the high range, $36.4 million above our August estimate. Between now and June, the projected County deficit could also change as a result of new information, and State and/or Federal budget impacts. As part of the County Executives FY 2008 Recommended Budget, the Administration is likely to propose modified solutions to address the deficit above the original $201.6 million CATEGORY FALL 2006 PROJECTIONS FEBRUARY 2007 PROJECTIONS VARIANCE % Salaries and Benefits $1,079,122,529 $1,104,392,402 $25,269,873 2.3% Services and Supplies $980,299,690 $985,905,536 $5,605,846 0.6% Other Charges $14,975,229 $13,419,939 ($1,555,290) (10.4%) Operating/Equity Transfers $312,285,789 $319,670,115 $7,384,326 2.4% Expenditure Transfers/Reimbursements ($191,727,494) ($203,671,731) ($11,944,237) 6.2% Total Net Expenditures $2,194,955,743 $2,219,716,262 $24,760,519 1.1% Total Revenues $1,993,330,215 $1,992,472,684 ($857,531) 0% Net Cost ($201,625,528) ($232,176,299) ($25,618,050) 12.7% CONCLUSION This new product will definitely help Nescafe to grow better and better. The only thing that the strategies used should be according to the plan. As according to the plan first preference should be the customers taste. The competitors are strong so in the starting we should be on our toes. Ultimately the goal s to make it big and really big. This Nestea will definitely make a change to NESCAFE. BIBLIOGRAPHY www.foodeditorials.com www.nescafe.com www.nestle.in/nestle_india_landing.aspx www.ciims.net/2008/09/nescafe_atack_green ­_tea_market.html www.allbusiness.com/marketingmarketing/236907-1.html en.wikipedia.org/wiki/nestle