Law Essays Legal ownership vested in trustees must be balanced by identifiable equitable ownership

Law Essays Legal ownership vested in trustees must be balanced by identifiable equitable ownership Legal ownership vested in trustees must be balanced by identifiable equitable ownership. Critically discuss this statement and the difficulties inherent in it in relation to the interests of beneficiaries under discretionary trusts. What is the practical importance of determining where the beneficial interest lies in discretionary trusts? The trust is a creature of equity. It has been described as â€Å"the paradigm case of equity’s interference with common law rights in pursuit of justice.† The trust imposes obligations on the legal owner of particular property to hold that property for the benefit of others. Thus the opening quotation can be said to identify one of the basic tenets of trust law in England and Wales. The trust has developed over the centuries in England to incorporate various types. One such type is the so-called discretionary trust. However, arguably disparity exists between the need to establish identifiable, beneficial or equitable ownership, and a discretionary trust which, by its nature, evades such identification. A contrast is seen between the discretionary trust and the fixed trust; although both are types of express trust. Under a fixed trust, the beneficial interests are just that: fixed. Thus the share of the trust property to which the beneficiary is to receive is ‘fixed’ into the trust instrument. However with a discretionary trust, the trustee, in whom legal ownership vests, has a dispositive discretion. Thus under a fixed trust, the trustee must dispose of the trust property in accordance with the terms of the trust; whereas under a discretionary trust he may have discretion as to the precise value of the beneficiaries’ entitlement, or even if they are to receive anything at all. An example of such a dispositive discretion is where a trust is established for a group of beneficiaries â€Å"in such portions as the trustee shall in their absolute discretion see fit†. It is a fixed trusts’ rigidity which seemingly underpins the subsequent reasoning behind the discretionary trust. A fixed trust may become outmoded or outdated due to changing circumstances; whereas a trustee under a discretionary trust can respond appropriately to these changing circumstances by applying his discretion accordingly to the situation. A beneficiary may, for example in the light of his allotted share, decide to forego education or employment and live off the trust property; the so-called â€Å"trustafarian†. Under a discretionary trust the trustee would have the power to temporarily sever that beneficiary from the trust property as an incentive to become more self reliant. To take a further example from the common law, the seminal case of McPhail v Doulton (1971) saw Mr Baden establish a trust for the benefit of the staff of his company, their relatives and dependents. He granted â€Å"absolute discretion† to the trustees to distribute the trust fun d as they saw fit. By 1971, the trust fund had increased significantly, as had the size of the class of potential beneficiaries (the employees alone numbered 1300 in 1941). The nature of the trust was flexible enough to allow the trustees to select which members of the intended class should benefit. An interesting aspect of the discretionary trust, and a pertinent one to the opening quotation, is that no individual who is part of the class of possible beneficiaries, has any equitable title to or interest in the trust property until such time as the trustee exercises his discretion in that individual’s favour. It is also important to note that despite the discretion granted to the trustee, this does not equate to him having ‘free rein’ to do whatever he wishes with the trust property.He will still be limited by the terms of the trust, and remains under a fiduciary obligation to carry out these terms. Again, McPhail v Doulton is significant here, as the House of Lords in that case held that the trustees, despite their â€Å"absolute discretion† to select the beneficiaries, were not at liberty to refuse to carry out the trust. However this does not arguably make it any easier to reconcile the discretionary trust with the opening quotation; rather it highl ights the limits of the trustee’s dispositive discretion. To compare the discretionary trust to the fixed trust and the power of appointment is instructive:no proprietary interest in the fund exists with the objects of a power, unless an appointment is made in their favour. Under a fixed trust, the beneficiaries have an identifiable equitable title to the property: the subject of the trust. However with a discretionary trustit has been suggested that beneficiaries have a â€Å"quasi-proprietary† right;that is that the class of beneficiaries as a whole can be seen to have a collective proprietary entitlement to the fund, although individual members of the class cannot claim individual proprietary entitlement. This was highlighted in Gartside v IRC(1968) when Lord Reid stated that â€Å"†¦you cannot tell what any one of the beneficiaries will receive until the trustees have exercised their discretion.† An important principle in trust law generally is that identified in the case of Saunders v Vautier (1841). Briefly, this principle states that a beneficiary who has an absolute interest under a trust, and who is sui juris (that is, of full age and sound mind) is entitled, at any time, to call on the trustee to transfer the legal title to the trust property in which the beneficiary holds that interest to him. The operation of this principle under a fixed trust is quite straightforward, as the beneficiary’s equitable entitlement will be easily ascertainable. How does it apply to discretionary trusts where the interest is not so easily identifiable? This issue was considered by Romer J in the case of Re Smith (1928). With reference to the earlier case of Re Nelson(1918), Romer J stated that under a discretionary trust where there are two ‘objects’ (the term applied to possible beneficiaries under a discretionary trust), â€Å"..You treat all the people put together just as though they formed one person, for whose benefit the trustees were directed to apply the whole fund.† So essentially, Romer J meant thatthe beneficiaries may, acting together as one, require the trustees to transfer the trust property to them as co-owners. However, perhaps the Saunders v Vautier principle is not entirely applicable to discretionary trusts; namely because the beneficiaries are not treated as having a vested interest in the trust property. Only after the beneficiaries, acting as one, have demanded the transfer of the trust property using the Vautier principle, do they acquire their indefeasible interests in the trust property. This was established in Vestey v IRC (No 2) (1979), but had already been considered by Lord Reid in Gartside v IRC (1968). Here Lord Reid stated that the individual interests of the objects of a discretionary trust are actually in competition with each other until such times as the each object has his own individual right to retain whatever income is appointed to him. To return to the rights of objects of discretionary trusts, how can they enforce a possible interest if that interest is not ascertainable because the trustee has not exercised his discretion? It is well established that objects of discretionary trusts have locus standi to sue trustees in order to enforce the trust. It is, however, difficult to control trustees in exercising their discretions. Trustees are under a duty to survey the range of objects, or the members of the class of potential recipients. Lord Wilberforce considered this matter in McPhail v Doulton, stating that â€Å"†¦Any trustee†¦would surely make it his duty to know what is the permissible area of selection and then consider responsibly, in individual cases, whether a contemplated beneficiary was within the power, and whether, in relation to other possible claimants, a particular grant was appropriate†. Thus the rights and interests of objects of a discretionary trust have caused considerable academ ic debate. Commentators such as Harris have suggested that under a discretionary trust, the trustees â€Å"appear† to be the legal owners, subject to the equitable rights of enforcement of the beneficiaries (as the objects will then become). If necessary, the courts will construe the terms of the trust to determine the boundaries of the trustee’s discretion. In Gisborne v Gisborne, the trustee had been granted an â€Å"uncontrollable authority† by the trust instrument. When the beneficiary received less of the trust property than she had hoped for, the court did not intervene because the trustee had acted within his authority as granted by the trust instrument. In addition, the discretion shown by the trustee must be exercised in good faith, and in the best interests of the objects or beneficiaries. Thus while this does not aid in establishing the beneficial interest, it does provide a crucial limit on a trustee’s discretion. An interesting development in recent years in the area of the validity of a trustee’s discretion is the application of the Wednesbury principle, which was established in the case of Associated Provincial Picture House Limited v Wednesbury Corporation (1948). This was applied in Edge v Pensions Ombudsman (1998), in which it was established that a court should not interfere unless the trustee took into account â€Å"improper, irrelevant or irrational considerations†. Again, although this provides a useful limit to the unfettered discretion of a trustee, it does not necessarily assist in identifying the beneficial interest to counterbalance the legal interest vested in the trustee. A discussion of the beneficial interest under a discretionary trust must consider the important distinction between a trust and a power. As Martin simply puts it, â€Å"trusts are imperative; powers are discretionary.† That is to say the trustees are obliged to carry out their duties under the trust, whereas donees under a power may or may not exercise the power as they see fit. This highlights the essential problem with the opening quotation’s applicability to discretionary trusts, even though the beneficiaries as a whole, or as one, own the interest to equitable title in the trust property, and can even compel the trustees to transfer the legal title to them under the principle in Saunders v Vautiers (1841). This approach was subsequently adopted by Romer J in the Court of Appeal in Re Smith (1928), in which he said that the principle should be to â€Å"treat all the people put together just as though they formed one person, for whose benefit the trustees were direct ed to apply the whole of a particular fund.† The beneficiaries cannot demand payment under a discretionary trust as they would be able to under a fixed trust, because there is no identifiable value to which the beneficiary is entitled until the trustee exercises his discretion. The beneficiaries can, however, compel the trustee to consider what he will do, although they cannot compel him to distribute. This was established in McPhail v Doulton, and also demonstrates where the distinction between a discretionary trust and a power exists: under the latter there is no such duty on the donee to make an appointment. McPhail v Doulton was also significant because of Lord Wilberforce’s criticisms of the rule set out in IRC v Broadway Cottages Trust (1955) in relation to the validity of discretionary trusts. That rule, he stated, ought to be discarded, and the new test ought to be â€Å"that the trust is valid if it can be said with certainty that any given individual is or is not a member of the class† (at 456). The test in IRC v Broadway Cottages Trust was known as the â€Å"complete list† test, and suggested that a discretionary trust would fail for lack of certainty of objects if a â€Å"complete list† of the potential beneficiaries could not be drawn up. Lord Wilberforce’s criticisms focused on the fact that this was only really appropriate where the discretionary trust was a â€Å"family-style† trust under which the class of potential beneficiaries was small, and was inappropriate given the changing social functions of the discretionary trust. In McPh ail v Doulton, however, as Lord Wilberforce identified, this test was simply unworkable, since that case would have demanded a complete list be drawn up of all employees, ex-employees, relatives and dependents. This highlights the administrative difficulties of the original test. As amended by Lord Wilberforce, however, the test becomes more manageable. Harris has described McPhail v Doulton as a watershed in the law in this area. This was largely because of its effect on the existing law as set down in IRC v Broadway Cottages Trust, which stated that to be valid, a discretionary trust had to specify an ascertainable class of cestuis que trust. As Harris argues, this was a welcome development as many judgments, applying the previously existing law, had expressed regret as to the position of the law on policy grounds. An example of this is in the Broadway Cottages case itself, in which Jenkins LJ admitted that the rule was contrary to common sense. What other factors contribute to the practical importance of establishing where the beneficial ownership lies in discretionary trusts? Under the complete list test, the beneficial ownership would necessarily be shared equally by the entire class of beneficiaries in the event that the trustee defaulted in his duty. Lord Wilberforce also addressed this issue in McPhail v Doulton. â€Å"Equal division is surely the last thing the settlor ever intended: equal division among all probably would produce a result beneficial to none†¦Ã¢â‚¬  (at 451). As Gardner points out, this recognised the evolution of the social function of the discretionary trust to enable property owners to â€Å"confer benefits on deserving cases amongst large constituencies – in the same sort of way as charitable trusts.† Where the beneficial ownership lies in discretionary trusts is also important in the context of â€Å"administrative unworkability†, another concept to arise out of McPhai l v Doulton. This applies to situations where, again in the words of Lord Wilberforce, â€Å"the meaning of the words used is clear but the definition of the beneficiaries is so wide as to not form â€Å"anything like a class† so that the trust is administratively unworkable†¦Ã¢â‚¬  (at 457). Lord Reid’s comment in Gartside v IRC noted above perhaps gives the best illustration of the position of discretionary beneficiaries in relation to identifiable beneficial interest in the trust property. He stated that â€Å"two or more persons, cannot have a single right unless they hold it jointly or in common. But clearly the objects of a discretionary trust do not have that: they have individual rights, they are in competition with each other and what the trustees give to one is his alone.† The same principle was applied in Re Weir’s Settlement (1969) and Sainsbury v IRC (1970). The difficulties of applying the principle outlined in the opening quotation to discretionary trusts have been considered. Fundamentally it is problematic because the whole purpose of a discretionary trust is to allow the trustee to use his discretion to assign a value of the trust property to a particular beneficiary. Although the class of potential beneficiaries as a whole own the beneficial interest, arguably there is no way of identifying the individual shares until the trustee has exercised his discretion. Even this assertion is contentious, however, as Pettitt, for example, has argued that the beneficial interest under a discretionary trust remains â€Å"in suspense† until the trustees exercise their discretion. The more significant right of the members of the class of beneficiaries is the right to be considered as a potential recipient from the fund by the trustees. This was highlighted by Lord Wilberforce in IRC v Gartside (at 606). Furthermore, the members have the ri ght to have the trustees use their discretion â€Å"bona fides†, â€Å"fairly†, â€Å"reasonably† and â€Å"properly†. This falls some way short of the rights of a beneficiary under a fixed trust, and again, highlights the fundamental problem with the application of the opening statement to the operation of discretionary trusts. BIBLIOGRAPHY Cases Associated Provincial Picture House Limitd v Wednesbury Corporation [1948] 1 KB 223 Burrough v Philcox (1840) 5 My CR 72 Edge v Pensions Ombudsman (1998) Gartside v IRC [1968] AC 553 Gisborne v Gisborne (1877) 2 App Cas 300 IRC v Broadway Cottages Trust [1955] Ch 20 McPhail v Doulton [1971] AC 424 Re Gulbenkian’s Settlement [1970] Ch 408 Re Nelson, ex parter Dare and Dolphin [1918] 1 KB 459 Re Smith, Public Trustee v Aspinall [1928] Ch 915 Re Trafford’s Settlement [1985] Ch 32 Re Weir’s Settlement [1969] 1 Ch 657 Sainsbury v IRC [1970] Ch 712 Saunders v Vautier (1841) 4 Beav 114 Vestey v IRC (No 2) [1979] Ch 198 Secondary sources Gardner, S (2003) An Introduction to the Law of Trusts, 3rd Edition (Oxford: Clarenden) Harris, J. (1971) ‘Trust, Power or Duty’, 87 Law Quarterly Review 31 Harris, J. (1970) ‘Discretionary Trusts, an End and a Beginning’, Modern Law Review, 33, 6 Hudsdon, A. (2007) Equity and Trusts, 5th Edition (London: Routledge) Martin, J.E. (2001) Hanbury and Martin – Modern Equity, 16th Edition (London: Sweet Maxwell) Pearce, R. and Stevens, J. (2006) The Law of Trusts and Equitable Obligations, 4th Edition (Oxford: OUP) Penner, J.E. (2004) The Law of Trusts, 4th Edition (London: LexisNexis) Pettit, P.H. (2001) Equity and the Law of Trusts, 9th Edition (Oxford: OUP) Watt, G. (2007) Todd and Watts Cases and Materials on Equity and Trusts, 6th Edition (Oxford: OUP)

Accounting Information Sytems

Wikipedia: An accounting information system (AIS) is a system of collection, storage and processing of financial and accounting data that is used by decision makers. An accounting information system is generally a computer-based method for tracking accounting activity in conjunction with information technology resources. The resulting statistical reports can be used internally by management or externally by other interested parties including investors, creditors and tax authorities. The actual physical devices and systems that allows the AIS to operate and perform its functions 1. Internal controls and security measures: what is implemented to safeguard the data 2. Model Base ManagementThe collection, storage and processing of financial and accounting data that is used by decision makers. An accounting information system is generally a computer-based method for tracking accounting activity in conjunction with information technology resources. The resulting statistical reports can be used internally by management or externally by other interested parties including investors, creditors and tax authorities. An accounting information systems that combines traditional accounting practices such as the Generally Accepted Accounting Principles (GAAP) with modern information technology resources. Six elements compose the typical accounting information system: People – the system users.Procedure and Instructions – methods for retrieving and processing data. Data – information pertinent to the organization's business practices. Software – computer programs used to process data.Information Technology Infrastructure – hardware used to operate the system. Internal Controls – security measures to protect sensitive data.MANAGEMENT ACCOUNTINGManagement accounting or managerial accounting is concerned with the provisions and use of accounting information to managers within organizations, to provide them with the basis to make informed bu siness decisions that will allow them to be better equipped in their management and  control functions.In contrast to financial accountancy information, management accounting information is: primarily forward-looking, instead of historically  model based with a degree of abstraction to support decision making generically, instead of case based; designed and intended for use by managers within the organization, instead of being intended for use by shareholders, creditors, and public regulators; usually confidential and used by management, instead of publicly reported; computed by reference to the needs of managers, often using management information systems, instead of by reference to general.The process of preparing management reports andaccounts that provide accurate and timely financial and statistical information required by managers to make day-to-day and short-term decisions. Unlike financial accounting, which produces annual reports mainly for external stakeholders, manage ment accounting generates monthly or weekly reports for an organization's internal audiences such as department managers and the chief executive officer. These reports typically show the amount of available cash, sales revenue generated, amount of orders in hand, state of accounts payable and accounts receivable, outstanding debts, raw material and inventory, and may also include trend charts, variance analysis, and other statistics. Also called managerial accounting.BUSINESS POLICYThis course examines the components and processes of the strategic management model, using examples from Canada and the United States. Students learn to do case analysis throughout the course. Topics covered include strategic management, social responsibility, environmental and internal analysis and diagnosis, strategy selection, and implementation and evaluation After completing this course, students should be able to:Perform a rigorous analysis of a company's strategic direction. Identify and explain a company's mission and vision statement and relate and critique  these statements to the company's strategic direction. Prepare a SWOT (strengths, weakness, opportunities, and threats) analysis and explain and evaluate the relationship between the SWOT and a company's strategic direction. Identify and explain all micro and macro forces that shape a company's strategic plan and determine performance. Analyze and evaluate all the steps for the proper alignment of financial and non-financial resources within a company's strategic plan.Analyze a company's strategic plan in the context of the industry life cycle and environment in which it operates. Analyze, evaluate, and draw conclusions on the effectiveness and performance of control and integration mechanisms. Establish metrics to assess and measure strategic performance. Analyze and evaluate the company's communication and feedback loop relative to company strategy and performance.Analyze, evaluate, and draw conclusions on the finan cial performance relative to the company's strategic plan. Analyze, evaluate, and identify risks and risk mitigation strategies appropriate to the company's strategic direction. Analyze, evaluate, and develop strategies for a single or multi-business organization. Assess, analyze, and recommend changes to company strategy based on a full analysis of a company's strategic plan. Develop and prepare a strategic review document presented in a consistent form and properly documented.PRODUCTION AND OPERATIONS MANAGEMENTProduction and Operations Management (â€Å"POM†) is about the transformation of production and operational inputs into â€Å"outputs† that, when distributed, meet the needs of customers.The process in the above diagram is often referred to as the â€Å"Conversion Process†. There are several different methods of handling the conversion or production process – Job, Batch, Flow and Group. POM incorporates many tasks that are interdependent, but whi ch can be grouped under five main headings:PRODUCTMarketers in a business must ensure that a business sells products that meet customer needs and wants. The role of Production and Operations is to ensure that the business actually makes the required products in accordance with the plan. The role of PRODUCT in POM therefore concerns areas such as:– Performance – Aesthetics – Quality – Reliability – Quantity – Production costs – Delivery datesPLANTTo make PRODUCT, PLANT of some kind is needed. This will comprise the bulk of the fixed assets of the business. In determining which PLANT to use, management must consider areas such as: – Future demand (volume, timing)– Design and layout of factory, equipment, offices – Productivity and reliability of equipment – Need for (and costs of) maintenance – Heath and safety (particularly the operation of equipment) – Environmental issues (e.g. creation of wa ste products)PROCESSESThere are many different ways of producing a product. Management must choose the best process, or series of processes.They will consider: – Available capacity – Available skills – Type of production – Layout of plant and equipment – Safety – Production costs – Maintenance requirementsPROGRAMMESThe production PROGRAMME concerns the dates and times of the products that are to be produced and supplied to customers. The decisions made about programme will be influenced by factors such as: – Purchasing patterns (e.g. lead time)– Cash flow – Need for / availability of storage – TransportationPEOPLEProduction depends on PEOPLE, whose skills, experience and motivation vary. Key people-related decisions will consider the following areas: – Wages and salaries – Safety and training – Work conditions – Leadership and motivation – Unionisation – Communicati onGOOD GOVERNANCEGood governance is about the processes for making and implementing decisions. It’s not about making ‘correct’ decisions, but about the best possible process for making those decisions.Good decision-making processes, and therefore good governance, share several characteristics. All have a positive effect on various aspects of local government including consultation policies and practices, meeting procedures, service quality protocols, councillor and officer conduct, role clarification and good working relationships.

How Is Dramatic Meaning Created in the Opening Scene of Forrest gump Essay

Academy Awards, 1995 Golden Globe Awards, 1995 MTVMovie Awards, 1995 People? s Choice Awards, 2005 American Film Institute Awards andvarious other ones. It was an adaption of a novel of the same name, by Winston Groom. Robert Zemeckis was the director of the movie, and he made great decisions about thecamera techniques to be used in each scene. In 1996, a restaurant with the name? Bubba Gump? was open in honour of the movie, and surprisingly there is one in thePeak Galleria in Hong Kong! The opening scene of the movie is filmed very beautifully, especially with thefeather floating in the air, because it creates the mood of the whole piece. Also, themusic and sounds chosen to accompany the opening scene, contributes to the tone of the entire movie. From right the beginning of the film, the feather is already floating around in theair. This white feather is a symbolic object that counts as a sign. The whiteness of itseems to show the purity and innocence Forrest has, and his enthusiastic personality,where he is determined to do whatever it takes to fulfill his own, and his friends andfamilies? dreams. It also seem to symbolize the famous quote that his mom always said,? Life is like a box of chocolates. You never know what you? e gonna get.? With thefeather floating to random places, e. g. on top of cars, on people? s shoulders, on thefloor? It shows how random life can be, and how no one ever knows what lies in theirpath of life, what obstacles they will have to overcome, and what their destiny is. A very interesting effect the feather is shot from in the opening scene is that it isa extreme long shot of different parts of the town, allowing the audience to adapt thesetting of the film into their minds, whilst the feather is shot from multiple angles,sometimes close up, and sometimes using medium shots. With the words and the townbackground, the feather interestingly, is still the focal point of the whole shot, andunintentionally, your eyes follow wherever it is going even when the background ischanged drastically. When the feather is shot in the sky, it is from a low angle, which shows theimportance of it as a sign, so it feels as if the feather is superior to the audience, whoare inferior in this point of the film. There are also several shots of the feather floatingabove the forest with lots of greenery; the colours really contrast, with the white on thegreen, which also helps draw the audience? attention to the tiny white feather in theforeground. The two minutes with the feather as the focal point of the shots are shotfrom different distances and various techniques. Sometimes, the feather is close up, andcomparing it with the size of the buildings in the background, it almost seems bigger. During the whole process of introducing the feather and the symbolism behind it, thecamera technique used is track, because the camera just follows wherever the feathergoes. When the feather lands on a man? s shoulder and on the car, a medium shot isused, and its shot from a high angle. Normally, it is when a low angle is used that the audience feels inferior, but in this situation, the feather still seems somewhat superior,and looking down at it, feels like the audience is looking at the whole theory of life usinga different point of view. With various examples of the feather landing on differentplaces, it shows how many unexpected things could happen in life, and no one knowswhat their destiny will be. After floating for a long time in the wind, the feather finally ends up on theground next to Forrest Gump’s shoe and stops moving. A close up of the shoe along withthe feather is taken, which emphasizes once again, the importance of the feather, andthe shoe as well. So far, the camera technique used is still tracking. The shoe is also asign because it shows how Forrest has managed to overcome many obstaclesthroughout life, to be in the position he is now. The shoe is significant, because as achild, Forrest had a problem with his spine, so he couldn? t walk properly. He starts running and breaks his leg braces, and through all thepain and suffering, manages to start running, and learns that his legs are functional. Soespecially since his shoes are dirty in the shot, it portrays that he has worked very hardand overcame many obstacles wearing those shoes. Also, Forrest states that his motheralways says ? Shoes can tell a lot about a person. Where they go. Where they havebeen.? The close up continues on when Forrest picks up the feather with his hand, andduring that instance, a tilt is used where the audience looks at Forrest from his feet upto his head. This is a great way to introduce the character. Whilst Forrest examining thefeather, the audience sees just the top half of his body, which means that a mediumshot was used. It is effective to use a medium shot for this part of the film, because theaudience should really focus on the facial expression on Forrest? s face to see what hefeels about the feather. The medium shot continues to be in use when Forrest placesthe feather in his suitcase. A track is used to show Forrest using a medium shot once again afterwards, toshow him staring into the difference, this quickly cuts into a long shot of him still lookinginto the distance. A sense of mystery is created because the audience members want tofind out what is so interesting that he keeps on staring at. Then, a bus comes along andblocks the view of Forrest, and the connection between the audience and Forrest isbroken. The camera remains still until the woman who comes off the bus sits on thebench next to Forrest. A zoom is used here, which is quite effective, because essentially,the audience really wants to know what will happen between Forrest and this woman. Most likely, they will begin chatting, which is why there is a zoom used to basically seewhat will happen. After a bit of chatting between the two, the camera quickly zoomsinto a close up of Forrest? s face. This is a very important and beneficial shot, because itgradually slips into the next scene here. Where Forrest starts squinting his eyes? Overall, a variety of camera movements, angles and distances are used in theopening scene of the well ? known film Forrest Gump. The main sign is the feather,which is in nearly the whole of the opening scene. The significance of it is shown withthe comparison to Forrest? s mothers? theory of life.

Management Styles - 2041 Words

MANAGEMENT STYLES Managers have to perform many roles in an organization and how they handle various situations will depend on their style of management. A management style is an overall method of leadership used by a manager. Various management styles can be employed dependent on the culture of the business, the nature of the task, the nature of the workforce and the personality and skills of the leaders. This idea was further developed by Robert Tannenbaum and Warren H. Schmidt who argued that the style of leadership is dependent upon the prevailing circumstance; therefore leaders should exercise a range of leadership styles and should deploy them as appropriate. †¢ Autocratic An Autocratic or authoritarian manager makes all the†¦show more content†¦The communication is extensive in both directions (from subordinates to leaders and vice-versa). This style can be particularly useful when complex decisions need to be made that require a range of specialist skill. 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This is when all members of staff work together as a team. The managers listen to the other employees ideas and suggestions before they go ahead with decisions. If ideas are found to be achievable and successful by the senior group, then it is taken forward

The Culture Of France A Strong Sense Of Country Pride

The culture of France has been molded by its geography and historical events. The French have a strong sense of country pride, which is very present in their art, food, and government. France has a mixed economy of capitalist and socialist characteristics where businesses are privately or partially owned. There is more government regulation in economic activities, and welfare is provided to its citizens because they have a socialist economy. The government is called the French Republic and is governed by the head of the state, President Francois Hollande, and the Prime Minister, Manuel Vauls. The government practices civil law versus common law. France has a flexible working schedule where they can discuss and debate the hours they work to fit their family’s life schedule. The workers are also allowed to take a leave of absence to go to school or get training for any specific interest. In general, French workers can reconstruct their working schedule to work less hours in their occupations per week, month or year depending on their personal or family interests. In 2000, a law was introduced where the French were no longer required to work 39 hours per week. Instead they were required to work only 35 hours per week, which is less than the United Sates’ 40 hours per week requirement. This has causes an increase in the employment rate and job sharing. They also have a smaller work force. They have higher taxes but they have more social benefits. France has one of the world’sShow MoreRelatedThe National Identity Of A Country Today891 Words   |  4 Pages The national identity of a country today, is heavily influenced by its history. If a country is isolated, whether geographically and/or it is their cultural preference, then nationality, in this sense, can be largely affected by its native ethnic group or the majority ethnic group in power. 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The Death Penalty Is A Simple Name For A Very Controversial

The death penalty is a simple name for a very controversial practice. Once a common way to deter people from performing cruel crimes, capital punishment has never before been under such political scrutiny. Abolished throughout Europe, the U.S. still uses it in 31 states. Supporters deem it necessary to protect and provide order while anti-death penalty advocates label it as outdated and inhumane. Both sides argue to be the morally right decision; one that would protect the most people. However, once examined carefully, it becomes obvious that the death penalty suffers too greatly from a regression of support, racial discrimination and inadequacy as a criminal deterrent to fulfill its moral purpose. Rather than receive federal support,†¦show more content†¦Religion plays a key role in perception of the death penalty’s morally ambiguous reputation, either by clearly supporting or rejecting it. Regardless of an individual s ultimate opinion, it reduces to whether killin g criminals is legitimately assisting in the protection of society, and the numbers that think so are decreasing. Another concern that riddles the workings of capital punishment is the amount of time it takes to finalize a sentence that, once executed, cannot be undone. In the interest of maintaining public order, some say it is the state s right to take the life of a murderer, â€Å"but others argue that incarcerating the criminal gives him or her a chance to repent† or redeem themselves (A8). Sentencing a killer to life without parole eliminates the ability for that individual to continue committing crimes, while giving the opportunity for that individual to find peace. This makes killing a killer seem rather unnecessary, even cruel, when many charged murderers are later proven innocent. Anthony Ray Hinton, formerly charged with murder, stated â€Å"being on death row has taken so much from me as a human being. [...] I spent 30 years on death row for something I didnâ€⠄¢t do.† (A5). He is only one of now 155 exonerations; a number that could be more had those innocent been given a better chance to prove themselves in court. Capital punishment simply doesn’t function well enough for it to trumpShow MoreRelated The Death Penalty: Justifiable Essay977 Words   |  4 Pages The Death Penalty: Justifiable -Preface: Let it be noted now that this speech is very opinionated. nbsp;nbsp;nbsp;nbsp;nbsp;I strongly believe that the Death Penalty is a form of punishment to be used when needed. Which opens up the question, when should it be used? That may be the breaking point in a lot of arguments, deciding when to use the death penalty is a very touchy subject. 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Not surprisingly the jury returned a verdict of guilty; now the prosecution would turn its attention to Mr. Adams sentence (Martin, 2011). Seeking the death penalty the prosecution called on two expert witnesses: psychiatrist Dr. James Grigson, who was known as Dr. Death, and Dr. John Holbrook, who was the former chief of psychiatry for the Texas Department of Corrections (Radelet, 2011). The American Psychiatric Association has stated on multiple occasionsRead MoreThe Threat Of Terrorism : The United States Constitution1797 Words   |  8 Pagesrights violations to the federal government, specifically the National Security Agency, as long as the violation is done in the name of fighting terrorism. 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Charlotte ONeils Song be described as a protest song Essay Example For Students

Charlotte ONeils Song be described as a protest song Essay In order to fully answer this question I firstly looked up the meanings of the words protest and song. The Oxford Concise English Dictionary defines protest as as statement of dissent or disapproval and song as either as short poem in rhymed stanzas or as short poem or other sets of words set to music or meant to be sung. Charlotte ONeils Song is indeed a poem comprising of four stanzas, each with an element of rhyme. The choice of words alone also makes it clear that the song is a statement of dissent. In the poem we learn a lot about the typical chores Charlotte was expected to do in a days work, fictitious or otherwise. The tasks that the poet has chosen to use are dirty and unpleasant jobs, I emptied your chamber pot, possibly to highlight the subservient position she has been put in. Providing us with this background knowledge has effectively made Farrels job of developing the argument later in the poem a lot easier, as she has already outlined the situation. We learn a lot about the attitudes of Charlottes employers. The poet displays them in a very negative light. A key example is I emptied your chamber pot. We will write a custom essay on Charlotte ONeils Song be described as a protest song specifically for you for only $16.38 $13.9/page Order now I think that any reader of the poem would find it difficult to respect a person who feels they are in such a superior position that they do not need to do very basic tasks. This suggests the employer merely sees Charlotte as a slave, or as the ships record state, General servant. The selfish and cruel attitudes of the employer are again seen in lines 13-14, The rich man earns his castle, you said / The poor deserve the gate. Through these lines the poet has allowed us to see the employer through Charlottes eyes, as well as to the general attitudes of society during the 19th century. I feel it is this issue which Charlotte feels most strongly about. The lines give us more of an insight into the stiff social spheres in place during the 19th century. Once born into a class, as Charlotte had been, there is little chance of escape. I think that that is what Charlotte really wants. She doesnt want to be baking bread and scrubbing floors. I think that Farrel thought that the rules of the 19th century society were unjustified, and argues that those who have been forced into labour jobs should be treated with respect, even though their job doesnt promote that. The anger and resentment seen and heard in the poem are represented through strong regular beats emphasized with alliteration. I scraped out your grate / and I washed your plate / and scrubbed till my hands were raw. This anger and resentment could be directed at individuals, such as Charlottes employers or the 19th century society in general. However, I dont think that Charlotte blames herself for the position she is in, because she says, I wont be there any more suggesting she has still maintained her feelings of self worth. It is probably the fact that she still possesses these feelings that led to her protest and rebellion of her position. The theme of injustice is also supported by Farrels frequent use of antithesis. These contrasting pairs, e. g. You lay on a silken pillow / I lay on an attic cot clearly shows the big differences between their two lifestyles. Farrel has also cleverly used tenses to create the feeling of the passing of time and of a developing argument. This could make it more like a protest song as it gradually increases in pace and intensity. .uc9d7ba088f8f88ae57fa69ba05702659 , .uc9d7ba088f8f88ae57fa69ba05702659 .postImageUrl , .uc9d7ba088f8f88ae57fa69ba05702659 .centered-text-area { min-height: 80px; position: relative; } .uc9d7ba088f8f88ae57fa69ba05702659 , .uc9d7ba088f8f88ae57fa69ba05702659:hover , .uc9d7ba088f8f88ae57fa69ba05702659:visited , .uc9d7ba088f8f88ae57fa69ba05702659:active { border:0!important; } .uc9d7ba088f8f88ae57fa69ba05702659 .clearfix:after { content: ""; display: table; clear: both; } .uc9d7ba088f8f88ae57fa69ba05702659 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uc9d7ba088f8f88ae57fa69ba05702659:active , .uc9d7ba088f8f88ae57fa69ba05702659:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uc9d7ba088f8f88ae57fa69ba05702659 .centered-text-area { width: 100%; position: relative ; } .uc9d7ba088f8f88ae57fa69ba05702659 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uc9d7ba088f8f88ae57fa69ba05702659 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uc9d7ba088f8f88ae57fa69ba05702659 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uc9d7ba088f8f88ae57fa69ba05702659:hover .ctaButton { background-color: #34495E!important; } .uc9d7ba088f8f88ae57fa69ba05702659 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uc9d7ba088f8f88ae57fa69ba05702659 .uc9d7ba088f8f88ae57fa69ba05702659-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uc9d7ba088f8f88ae57fa69ba05702659:after { content: ""; display: block; clear: both; } READ: Comparision of the lamb to the slaughter and the speckled band EssayAs the poem is mainly written in the past tense I feel it creates distance between Charlottes life as a servant and her life of freedom and own choices Ill eat when I please. In the lines 18-20 Farrel writes in the present tense, signifying the turning point of the poem. These lines repeat some parts of the previous stanzas, only in a different tense. You can open your own front door refers to when You rang your bell and I answered. This creates the feeling that Charlotte is turning on her employers and asking them how they would feel to be in her position. It sounds as if she is giving them commands, open your own front door, which hints at her courage and endurance. She has now broken free from the restraints forced upon her. Also, she calls her employer my dear, suggesting a lack of respect from her side. I believe that actually leaving her work would not have been possible in reality but this action creates a sort of magical triumphant and rebellious feeling. It is this kind of technique that I feel would add more vigor to the song making it a suitable song of protest. The use of future tense indicates what she will do with her time and how she will make her own choices in the future. I think it makes an excellent ending as it signifies change and hope. I think the poem would best be reading in not a cheerful/happy manner, but it is certainly carefree and upbeat, suggesting the events took place long ago and are of little relevance now, Charlotte has won. Reading (or singing) it quickly gives the impression that Charlottes gives out a newfound confidence. I feel the simple language helps the upbeat pace along and each idea is completed in a single sentence. The repetition also adds pace. I feel the fairly simplistic language adds a certain degree of sarcasm and again creates distance between Charlotte and her unpleasant past. It is as if the more daring pace is a challenge to her master/mistress because Charlotte has already left them; she is out of their reach. Finally, I think the upbeat feel produced by the strong rhyme and pace stresses that as Charlotte writes this she is at a stage where at least she had made her decisions, and is stepping out and away from her past drudgery.