Face Book Dilemma Essay Example | Topics and Well Written Essays - 1000 words

Face Book Dilemma - Essay Example The chapter focuses on the unique features of e-commerce, the digital markets and digital goods. Authors Laudon and Laudon discussed how the internet has transformed the way consumers value products and services accessed through the web and its effect on business models. The case, Facebook’s dilemma exemplified an application of e-commerce, as it has been defined as â€Å"a social networking website that was originally designed for college students, but is now open to anyone 13 years of age or older. Facebook users can create and customize their own profiles with photos, videos, and information about themselves. Friends can browse the profiles of other friends and write messages on their pages†. The term e-commerce is revealed to include â€Å"business activities that are business-to-business, business-to-consumer, extended enterprise computing (also known as "newly emerging value chains"), d-commerce, and m-commerce. E-commerce is a major factor in the U.S. economy be cause it assists companies with many levels of current business transactions, as well as creating new online business opportunities that are global in nature†. The opportunities for interface and the ability to generate interconnections through friends, colleagues, users, organizations and commercial enterprises make Facebook conducive to enhance e-commerce applications, including solicitation of advertisements, promotions and investments at various fields of endeavors.

Psychological Approach to Little Red Riding Hood Essay -- Little Red R

Psychological Approach to â€Å"Little Red Riding Hood†Ã‚  Ã‚  Ã‚     Ã‚   By looking at Broumas’ Little Red Riding Hood you can apply the three Freudian zones of the psychological approach to the poem, which are the id, superego, and ego. The three Freudian zones allow the reader to look at different aspects that is believed to rule our lives.   Each zone has a different meaning that interrelates with the other.   Broumas’ Little Red Riding Hood has lots of evidence that gives clues to what the main character may have been proposing to her mother.   Ã‚  Ã‚  Ã‚   The id is described as the source of all our aggressions and desires.   It is lawless, asocial, and amoral (HCAL 130).   The id is our desire to do all of the bad things even though we may know that they are wrong or may have consequences.   The author of Little Red Riding Hood, Olga Broumas, gives an example of how she has allowed her id to overcome both her ego and superego.   She is a feminist lesbian.   In ou... ...standing of what the poem may mean.   My preference, the psychological approach, seemed fit for the many situations that the character was facing.   The poem was a little psycho at first but by applying this approach it has helped me to understand not only this poem but some real life situations.    Bibliography   Ã‚  Ã‚  Ã‚   Guerin, et. al., ed.   A Handbook of Critical Approaches to Literature, fourth edition.   Oxford UP.   Ã‚  Ã‚  Ã‚   Rabkin, Eric.   Stories. Harper Collins     Ã‚  Ã‚  Ã‚  

Judicial Precedent Is Best Understood as a Practice

Judicial precedent means the process whereby judges follow previously decided cases where the fact are of sufficient similarity. The doctrine of judicial precedent is a practice of the court, it provides guidance to the judges when they apply case precedents. It also provides certainty, consistency and clarity in the application of precedents. The rule is that judges should decide like cases in like manner. It is a decision of the court used as a source for future decision making. This is known as stare decisis and by which precedents are authoritative and binding and must be followed. Doctrine of precedent or stare decisis, this item is from the latin phrase â€Å"stare decisis et non quieta movere†, means to stand by decisions and not disturb that which is settled. The doctrine of binding precedent based on stare decisis, that is standing by previous decisions. Once a point of law has been decided in a particular case, that law must applied in all future cases containing the same material facts. For example in the case of Donughue v Stevenson (1932) AC 562. The House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Knitting Mills (1936) AC 85. The ratio decidendi forms the legal principle which is a binding precedent meaning it must be followed in future case containing the same material facts. Besides, the obiter dicta is things stated in the course of a judgment which are not necessary for the decision. The decision of the judge may fall into two parts, the ratio decidendi means reason for the decision. The ratio decidendi in a case is the principle of law on which a decision is based. When a judge delivers judgment in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision, for which he gives the reason. Besides, obiter dictum means something said by the way. The judge may go on to speculate about what his decision would or might have been if the facts of the case had been different. The binding part of a judicial decision is the ratio decidendi. An obiter dictum is not binding in later cases because it was not strictly relevant to the matter in the original case. However, an obiter dictum may be of persuasive authority in later cases. For example, in the case Donoghue v Stevenson (1932), the house of lords held that a manufacturer owed a duty of care to the consumer that products are safe because the circumstances prevented the consumer from discovering any defects. This is a ration decidendi and lord Atkin’s â€Å"neighbour test† was obiter. Where there is no existing precedent, the court will declare the law and the case will become an original precedent, example, in the case Airedale NHS Trust v Bland (1993) HL, where the courts were asked to decide if food and treatment could be lawfully withdrawn from a patient in a persistent vegetative state, and thus allowed to die. The concept of ratio decidendi tries to link the competing aims of the notion of rule of law, ie, the requirement of certainty in the application of law and flexibility in the development of law within the legal system. To identify the ratio in a case, Professor Goodhart (1931), set out a method of identifying the ratio decidendi as the ratio is derived from the application of the law to the facts that were treated as material by the judge in his decision and generalising them to make a principle. Besides that the principle of the case is found by taking account of the facts treated by the judge as material ; and his or her decision as based on them. The principle is therefore a formula, which the facts fit, and the facts provide a specific instance or example of the application of the principle. However, Professor Julius Stone (1959) argued that Goodhart’s theory was prescriptive rather than being descriptive of actual practice. In Stone’s analysis, the ratio of a case is part of a legal category of indeterminate reference or concealed multiple reference. The facts of a case precedent are able to be material under a wide range of fact descriptions, but any given decision was open to a succession of subsequent judicial reformulations of the prior decision. So, the question for the later court is the analogical relevance of the prior case holding to the later case, thus requiring the later court to choose between possibilities presented by the earlier case. This gives us a picture of radical indeterminacy . This is because the later courts appear to have great freedom in reinterpreting the actual ratio of the certain case. Stone’s approach is considered as a rather radical scepticism towards the concept of ratio. Consequence of the indeterminacy of the ratio is the difficulty in identifying the ratio of a case actually provides the English common law system the flexibility when case law is applied and its subsequent development through the courts. From Cross (1991) who argues â€Å"it is impossible to devise formulate for determining the ratio decidendi of a case†, but ‘this does not mean it is impossible to give a tolerably accurate description of what lawyers mean when they use the expression’. Consequently, courts have a great deal of choice in reformulating and interpreting law. In his work on legal reasoning , Neil MacCormick (1987) makes the point that often the ratio of a case can only be determined in light of what judges subsequently make of it. In conclusion, the discussion above have gone to establish that the doctrine of binding precedent is nothing more than a practice of the English judiciary. As a judicial practice, the doctrine provides a guide to judges on how case precedents are to be applied in courts. If the doctrine is avoided or not allowed, there are no legal sanctions or consequences. At worst, if there is a rampart ignoring of the doctrine by the courts, the outcome will be uncertainty and instability in the common law and its development.

The Fishing Expedtion - 1416 Words

The welcome arch spanned the two lanes and looked sturdy enough to drive a tank across. The rest of Church Street proceeds a half-a-mile or so from the sign to James Street and the middle of the village. This street and many of the adjoining side streets conjured up images of a quaint New England town with a profusion of oaks and maples surrounding well kept, two story, wooden-framed houses. The Village maintained a strip of grass between the curb and the sidewalks that run parallel to the street on both sides. The areas close to the houses typically displayed neatly trimmed scrubs and flowers. â€Å"I’m ready to get checked into our motel then the rest of you can do whatever you want until dinnertime,† Mom said. We turned left onto Crossman Street midway between the arch and downtown and proceeded to the Maple Crest Motel. It was after five when we finished checking-in, which was a good thing because Mr. Root was only a part-time caretaker but had a full time job refinishing boats at Hutchinson’s Boat Works. His workday had ended at the same time we got to town. Consequently he was available to help us attempt to get the Buzz running. Mr. Root’s son, Wilford, and Wilford’s wife, Kay, owned the Maple Crest adding to the convenience and family atmosphere. The Motel’s location was just up the street from Otter Creek and Wilford’s dock where Buzz was tied up. Kay called her father-in-law to let him know we had arrived. While we waited, my dad, Wilford, and I chatted in the motel