Tuesday, September 17, 2019
Election Laws Cases Essay
1. Cayetano v. Monsod, 201 SCRA 210 FACTS: Monsod was nominated by President Aquino as Chairman of the Comelec. The Commission on Appointments confirmed the appointment despite Cayetanoââ¬â¢s objection, based on Monsodââ¬â¢s alleged lack of the required qualification of 10 year law practice. Cayetano filed this certiorari and prohibition. ISSUE: Whether or not Monsod has been engaged in the practice of law for 10 years RULING: YES. The practice of law is not limited to the conduct of cases or litigation in court. It embraces the preparation of pleadings and other papers incident to actions and special proceedings, the management of such actions and proceedings on behalf of clients, and other works where the work done involves the determination of the trained legal mind of the legal effect of facts and conditions (PLA vs. Agrava.) The records of the 1986 constitutional commission show that the interpretation of the term practice of law was liberal as to consider lawyers employed in the Commission of Audit as engaged in the practice of law provided that they use their legal knowledge or talent in their respective work. The court also cited an article in the January 11, 1989 issue of the Business Star, that lawyers nowadays have their own specialized fields such as tax lawyers, prosecutors, etc., that because of the demands of their specialization, lawyers engage in other works or functions to meet them. These days, for example, most corporation lawyers are involved in management policy formulation. Therefore, Monsod, who passed the bar in 1960, worked with the World Bank Group from 1963-1970, then worked for an investment bank till 1986, became member of the CONCOM in 1986, and also became a member of the Davide Commission in 1990, can be considered to have been engaged in the practice of law as lawyer-economis t, lawyer-manager, lawyer-entrepreneur, etc. 2. 18 December 1990 G.R. No. 93867 FACTS: The petitioner is challenging the designation by the President of Associate Commissioner Yorac as Acting Chairman of the COMELEC, in place of Chariman Davide. The petitioner argues that the choice of the Acting Chairman is an internal matter to the COMELEC. It is also averred that the designation done by the President of the Philippines violates the independence of the COMELEC. ISSUE: Whether the designation done by the President of the Philippines violates Article IX-A, Section 1 of the Constitution. RULING: Article IX-A, Section 1 of the Constitution expressly describes all the Constitutional Commissions as ââ¬Å"independent.â⬠Although essentially executive in nature, they are not under the control of the President of the Philippines in the discharge of their respective functions. Its decisions, orders and rulings are subject only to review on certiorari by the Court as provided by the Constitution in Article IX-A, Section 7. The choice of temporary chairman in the absence of the regular chairman comes under that discretion. That discretion cannot be exercised for it, even with its consent, by the President. The designation by the President of respondent Yorac as Acting Chairman of the COMELEC is declared unconstitutiona 2. Sixto Brillantes, Jr. vs. Haydee B. Yorac[G.R. No. 93867. December 18, 1990.] FACTS: Respondent, as Associate COMELEC Chairman, was appointed by the President as Chairmanthereof, replacing former Chairman Hilario Davide; the former chairman was appointed to thefact-finding commission regarding the December 1989 Coup dîâ¬â¬ etat. Petitioner moved for herremoval, stating that her appointment was contrary to Article IX-C, Section 1(2) of the 1987Constitution, where ââ¬Å"(I)n no case shall any Member (of the Commission on Elections) beappointed or designated in a temporary or actingà capacity.â⬠Issue: Is respondentîâ¬â¬s appointment as Chairman in the case at bar unconstitutional.Ruling: Yes. Article IX-A Section 1 of the Constitution expressly provides for the independence of theConstitutional Commissions from the executive department; this means that they are governedby the Constitution itself and cannot be under the control of the Pres. 3. UNIDO VS. COMELEC In 1981, the BP proposed amendments to the 1973 Constitution. The amendments were to be placed to a plebiscite for the peopleââ¬â¢s approval. The YES vote was being advanced by KBL ââ¬â Marcosââ¬â¢ Party. While the NO vote was being advanced by UNIDO. To ensure parity and equality, COMELEC issued Resolutions 1467-1469 w/c basically provided that there be equal opportunity, equal time and equal space on media use for campaigns for both sides. On 12 Mar 1981, Marcos campaigned for the YES vote via TV and radio from 9:30pm to 11:30pm. The same was broadcasted live by 26 TV stations and 248 radio stations nationwide. UNIDO petitioned before the COMELEC that they be granted the same opportunity as Marcos has pursuant to Resââ¬â¢ns 1467-69. COMELEC denied the demand. UNIDO assailed the denial as a denial of equal protection before the laws. ISSUE: Whether or not UNIDO was denied equal protection by virtue of COMELECââ¬â¢s denial of their request. HELD: The SC ruled that UNIDO was not denied due process nor were they not afforded equal protection. It is the considered view of the SC that when Marcos conducted his ââ¬Ëpulong-pulongââ¬â¢ or consultation with the people on March 12, 1981, he did so in his capacity as President/Prime Minister of the Philippines and not as the head of any political party. Under the Constitution, the ââ¬ËPrime Minister and the Cabinet shall be responsible . . . for the program of government and shall determine the guidelines of national policyââ¬â¢. In instances where the head of state is at the same time the president of the political party that is in power, it does not necessarily follow that he speaks with two voices when he dialogues with the governed. The president is accorded certain privileges that the opposition may not have. Further, the SC cannot compel TV stations and radio stations to give UNIDO free air time as they are not party to this case. UNIDO must sought contract with these TV stations and radio stations at their own expense. 4. SANIDAD vs. COMELEC 181 SCRA 529 Facts: On 23 October 1989, RA 6766 (Act providing for an organic act for the Cordillera Autonomous Region) was enacted into law. The plebiscite was scheduled 30 January 1990. The Comelec, by virtue of the power vested by the 1987 Constitution, the Omnibus Election Code (BP 881), RA 6766 and other pertinent election laws, promulgated Resolution 2167, to govern the conduct of the plebiscite on the said Organic Act for theCordillera Autonomous Region. Pablito V. Sanidad, a newspaper columnist of ââ¬Å"Overviewâ⬠for the ââ¬Å"Baguio Midland Courierâ⬠assailed the constitutionality of Section 19 (Prohibition on columnists, commentators or announcers) of the said resolution, which provides ââ¬Å"During the plebiscite campaign period, on the day before and on plebiscite day, no mass media columnist, commentator, announcer or personality shall use his column or radio or television time to campaign for or against the plebiscite issues.â⬠Issue: Whether columnists are prohibited from expressing their opinions, or should be under Comelec regulation, during plebiscite periods. Held: Article IX-C of the 1987 Constitution that what was granted to the Comelec was the power to supervise and regulate the use and enjoyment of franchises, permits or other grants issued for the operation of transportation or other public utilities, media of communication or information to the end that equal opportunity, time and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates are ensured. Neither Article IX-C of the Constitution nor Section 11-b, 2nd paragraph of RA 6646 (ââ¬Å"a columnist, commentator, announcer or personality, who is a candidate for any elective office is required to take a leave of absence from his work during the campaign periodâ⬠) can be construed to mean that the Comelec has also been granted the right to supervise and regulate the exercise by media practitioners themselves of their right to expression during plebiscite periods. Media practitioners exercising their free SANIDAD vs. COMELEC 5. LAZATIN VS. COMELEC Lazatin filed the instant petition assailing the jurisdiction of the COMELEC to annul his proclamation after he had taken his oath of office, assumed office, and discharged the duties of Congressman of the 1st District of Pampanga. Lazatin claims that the House of Representatives Electoral Tribunal and not the COMELEC is the sole judge of all election contests. Buan, Jr., and Timbol (Lazatinââ¬â¢s opposition), alleged that the instant petition has become moot and academic because the assailed COMELEC Resolution had already become final and executory when the SC issued a TRO on October 6, 1987. In the COMMENT of the Sol-Gen, he alleges that the instant petition should be given due course because the proclamation was valid. The Telex Order issued by the COMELEC directing the canvassing board to proclaim the winner if warranted under Section 245 of the Omnibus Election Code,â⬠was in effect a grant of authority by the COMELEC to the canvassing board, to proclaim the winner. A Separate Comment was filed by the COMELEC, alleging that the proclamation of Lazatin was illegal and void because the board simply corrected the returns contested by Lazatin without waiting for the final resolutions of the petitions of candidates Timbol, Buan, Jr., and Lazatin himself, against certain election returns. ISSUE: Whether or not the issue should be placed under the HRETââ¬â¢s jurisdiction. HELD: The SC in a Resolution dated November 17, 1987 resolved to give due course to the petition. The petition is impressed with merit because petitioner has been proclaimed winner of the Congressional elections in the first district of Pampanga, has taken his oath of office as such, and assumed his duties as Congressman. For this Court to take cognizance of the electoral protest against him would be to usurp the functions of the House Electoral Tribunal. The alleged invalidity of the proclamation(which had been previously ordered by the COMELEC itself) despite alleged irregularities in connection therewith, and despite the pendency of the protests of the rival candidates, is a matter that is also addressed, considering the premises, to the sound judgment of the Electoral Tribunal. 6. JAVIER VS. COMELEC [144 SCRA 194; G.R. NOS. L-68379-81; 22 SEPT 1986] Facts: The petitioner and the private respondent were candidates in Antique for the Batasang Pambansa in the May 1984 elections. The former appeared to enjoy more popular support but the latter had the advantage of being the nominee of the KBL with all its perquisites of power. On May 13, 1984, the eve of the elections, the bitter contest between the two came to a head when several followers of the petitioner were ambushed and killed, allegedly by the latterââ¬â¢s men. Seven suspects, including respondent Pacificador, are now facing trial for these murders. Owing to what he claimed were attempts to railroad the private respondentââ¬â¢s proclamation, the petitioner went to the Commission on Elections to question the canvass of the election returns. His complaints were dismissed and the private respondent was proclaimed winner by the Second Division of the said body. The petitioner thereupon came to this Court, arguing that the proclamation was void because made only by a division and not by the Commission on Elections en banc as required by the Constitution. Meanwhile, on the strength of his proclamation, the private respondent took his oath as a member of the Batasang Pambansa. Issue: Whether or Not the Second Division of the Commission on Elections authorized to promulgate its decision of July 23, 1984, proclaiming the private respondent the winner in the election. Held: This Court has repeatedly and consistently demanded ââ¬Å"the cold neutrality of an impartial judgeâ⬠as the indispensable imperative of due process. To bolster that requirement, we have held that the judge must not only be impartial but must also appear to be impartial as an added assurance to the parties that his decision will be just. The litigants are entitled to no less than that. They should be sure that when their rights are violated they can go to a judge who shall give them justice. They must trust the judge, otherwise they will not go to him at all. They must believe in his sense of fairness, otherwise they will not seek his judgment. Without such confidence, there would be no point in invoking his action for the justice they expect. Due process is intended to insure that confidence by requiring compliance with what Justice Frankfurter calls the rudiments of fair play. Fair play cans for equal justice. There cannot be equal justice where a suitor approaches a court already committed to the other party and with a judgmentà already made and waiting only to be formalized after the litigants shall have undergone the charade of a formal hearing. Judicial (and also extra-judicial) proceedings are not orchestrated plays in which the parties are supposed to make the motions and reach the denouement according to a prepared script. There is no writer to foreordain the ending. The judge will reach his conclusions only after all the evidence is in and all the arguments are filed, on the basis of the established facts and the pertinent law.
Monday, September 16, 2019
Acc491 Wk 4 Dq Questions
*What are some of the different types of sampling methods that are available to the auditor? * How does the auditor decide which method to use? How will the different methods affect the audit? The types of auditing samples are broken down into two different categories: statistical and non-statistical sampling. The purpose of auditing samples are designed to give the auditor the results he or she seeks, without having to completely audit 100% of the items within the audit population. Here are some of the different types of auditing samples broken out into the two categories: Statistical Sampling Methods: Random Sampling ââ¬â Is an auditing method that basically means that all sampling units in the auditing population will have an equal chance of being selected for evaluation, or that no bias would have played a role in what was selected. It is also important the samples that have been selected are not able to re-sampled again. Systematic Sampling ââ¬â Involves selecting sampling units using fixed intervals between selections, the first interval having a random start. This method is often referred to as interval sampling. This is because this method is where the auditor will take the number of sampling units in a population and divides this into the sample size to give a sampling interval. For example, if an auditor is auditing sales invoice where the sampling interval is 20, the auditor will determine a starting point for sampling and sample every 20th sales invoice thereafter. Non-Statistical Sampling Methods: {text:list-item} {text:list-item} What is the importance of defining the population when performing audit procedures? How will this affect the sample size? How will incorrectly defining the population affect the sampling unit? The auditing population is the whole set of data for auditors to test in order to reach their final auditing conclusion. Auditors need to determine a population in which to examine samples from for specific auditing objectives he or she wishes to complete. For example, if an auditors' goal was to test for overstatements of debtors, the auditing population could entail listing of debtors. However, if the auditor was to testing for overstatements of creditors, then the population would not be only be a listing of creditors, but, also require the auditor to look for subsequent disbursements, unpaid invoices, suppliers' statements, unmatched receiving reports, or other auditable populations that would provide evidence of potential understatements to creditors. When the auditor is designing the auditing samples, the auditor should consider the specific audit objectives he or she wishes to fulfill, the nature of the auditing population for which they wish to sample, as well as any other factors affecting the auditing samples size. The determination of an auditing samples size should require judgment of: Assurance required Tolerable and Expected Error (or Deviation Rate) Stratification Erroneously defining the auditing population can have an incredible affect on sample size as the auditor then has to choose a sample for conducting the audit. Auditors should select sample size in a way that the auditing sample can be anticipated to be a fair representative of the overall auditing population in respect of the uniqueness that is tested. If an auditing population has not been defined then the chance for errors increases the indistinctness of the results taken from the auditing sampling. Furthermore, if an auditing population itself has incorrectly been defined, the sampling unit will not give the anticipated results. These errors can formulate an incorrect conclusion by the auditor, there by defeating the initial purpose of the audit.
Sunday, September 15, 2019
The Cost of Independence
ââ¬Å"The Cost of Independence ââ¬â concerns and fears of Scottish Businessmenâ⬠Martina Macakova ââ¬Å"What business leaders in Scotland really seek to hear is a positive discussion on the future for Scotland and what part they can play in shaping it, not a re-run of old arguments about potential damage to the economy of constitutional change. â⬠introduction Ewan Hunter, Director of HunterSearch This essay deals with a discussion about Scottish independence through the perspective of local business leaders.Its aim is to analyze their opinion on Scottish tendencies towards independence, if and to what extent could they influence the results of upcoming referendum and whether Scotlandââ¬â¢s business companies could play a role of an ally of the UK government. It provides the analysis of the current situation, especially in the light of recent events, as the First Minister Alex Salmond, leader of the Scottish National Party (SNP), in the beginning of January announc ed that the referendum on Scottish Independence should be held in autumn 2014.In this essay I will attempt to come with a prediction of the possible future development of the opinion of Scottish leading business companies. For that purpose I have examined mostly newspaper articles, opinion polls, governmental documents and public speeches given by the local business representatives. As a secondary source and the introduction to the topic of Scottish Independence I found very valuable a publication written by Jo Eric Murkens, Peter Jones and Michael Keating Scottish Independence: A Practical Guide. A division of state into two sovereign parts would be very complicated and long-term process.It is a process fraught with problems and controversy. Whether it is a break up of marriage or of nations, the major bone of contemption is always the same ââ¬â who gets what. The division of Czechoslovakia in late 1992 and 1993 could serve as a precedent for similar action, anyhow the situatio n of the Union and former Czechoslovakia differs. In Scotlandââ¬â¢s case, controversial may be especially the separation of state debt and North Sea oil reserves; the future of military bases on the island of Clyde, home of British nuclear missiles; question of the membership in the European Union and currency issue.Despite the fact that the independence is primarily a question of national identity and political change, we cannot forget that economic prosperity is prerequisite for well-functioning state. It's Scotland's oil If there was an independent Scotland would it be economic failure or success? It might sound a paradoxical thing to say but the core issue related to the economics cannot be really answered correctly. According to Peter Jones, the starting point for dealing with the economics of independence needs to be existing Scotland.And current Scotland is a Scotland that operates within the United Kingdom of Great Britain and Northern Ireland. It is obvious that public s pending would demand greater income as two new types of costs would affect the public sector. First of all, there are costs incurred by the need to add on functions (such as defense) and those incurred by the need to disentangle the Scottish element of such UK-wide bodies (for example Inland Revenue). Undoubtedly, Scottish government can count on the benefits from obtaining control of offshore oil and gas resources.The representatives of SNP repeatedly assert the Scotland would be among the worldââ¬â¢s richest countries. Additional GDP acquired from the profit made by oil companies offshore is something what we can more or less rely on. Before his re-election campaign Alex Salmond grasped the opportunity to dust off SNPââ¬â¢s old slogan ââ¬Å"Itââ¬â¢s Scotlandââ¬â¢s Oilâ⬠. It was a smart move. As the election results showed the resurrecting claim that all North Sea oil ââ¬â as well as its revenues ââ¬â belongs solely to Scotland, was what Scottish voters wa nted to hear. Oil and gas resources themselves donââ¬â¢t guarantee long lasting wealth.Douglas Fraser, Scotland Business and Economy Editor at BBC, expressed his concerns that there is an elephant in the room that needs to be discussed. The price of oil is volatile and volatile price of oil means volatile income. Moreover, the trend is clearly for the volume of oil and gas production to fall, though that is partly offset by higher average prices, higher tax rates, and so buoyant revenues. Yet, an economy of an independent Scotland would be dependent on number of variable factors whose precise effects cannot be forecast. Among those unpredictable factors is a haracter of the negotiations that can either minimaze or enlarge the degree of uncertainty. The level of uncertainty affects business confidence and investment and it is something that has been often mentioned by the Scottish business representatives while comenting on the question of independence. As Peter Jones points out, another parameter which stands completely out of political control is whether the general economic environment is good or bad. In adverse times, business would be extremely nervous about independence as would the international markets. In this situation the price of independence could be quite high.The aim of idependence is to change the monetary, fiscal and regulatory regime which is currently the same as the in rest of the UK. The Scottish voters are likely to approve a different kind of a devolution model, which would provide more powers for the Scottish Parliament, particularly in terms of tax-varying powers and fiscal policy in general. The conclusions of a poll conducted by Ipsos MORI in November 2009 are that 66 per cent of the respondents are in favour of the Scottish Parliament having increased its powers, whether in terms of further devolution or fully independence.The attempts to get the public involved and the referendum itself should be appreciated. That is the major di fference in comparison with the zero involvement of Czechoslovak citizens when the dissolution of Czechoslovakia was decided about. More explanation about the proposed concept of independence provides the ââ¬Å"Scotlandââ¬â¢s Future: Draft Referendum (Scotland) Bill Consultation Paperâ⬠. Independence in terms of the proposal would mean that the Scottish Parliament and Government would be responsible for all areas of legislation, including foreign affairs, defence and taxation, but the Queen would remain the head of the state.The current political and monetary union would be replaced by a social and monarchical union. Although the monetary union would no longer exist, Scotland would keep operating within the Sterling system until it would be decided in a referendum that Euro would be accepted. Although, SNP leaders would most likely to follow the peacefull process of velvet divorce of Czechs and Slovaks, it doesnââ¬â¢t seem that monetary question would be the case as the issue of currency remains unclear.While the Czechs and Slovaks immediately began to create their own currency, the Scots first considered adopting the euro. In connection with lasting Eurozone crisis First Minister Alex Salmond changed his rhetorics and now claims that they would keep the pound. The SNP proposes sticking with sterling until Scots choose, by referendum, to join the euro. According to Douglas Fraser from BBC, his problem, in explaining this policy, is that remaining with sterling leaves the Treasury and Bank of England in London to set Scotland's monetary policy, while having no influence over it.THE business of (un)certainty Until recent time, there has been almost deafening silence on whether Scotland should become an independent country from local business companies. We could argue whether the reason for the lies in potencional risk of going out on a limb, as Douglas Fraser suggest in one of his articles, or if it more simple than that and the business leaders are just too occupied with the current financial crisis. Fraser writes in his article titled Holyrood's challenge to business: ââ¬Å"Iain McMillan seeks to balance support of some policy with pungent criticism.On balance, he says members say the potential advantages of devolved business taxation are outweighed by the likely costs. But it is the criticism that gets McMillan noticed, and nationalist voices can increasingly be heard questioning the legitimacy of the CBI as a voice for business in Scotland. The Federation of Small Businesses, the Scottish Council Development and Industry and Scottish Chambers of Commerce are careful to sit on the fence, probably because their memberships are split on constitutional questions.It is also because the implications of the Scotland Bill, or of increased devolution of taxation powers, are so unclear. [â⬠¦] Representing the banks, insurers and asset managers, Scottish Financial Enterprise wants to know if the tax base could be changed as well as the rate. Would there be additional complexity, and at what costs to business? How volatile would tax receipts be, and can a value be placed on the value of being part of a larger, more diverse tax base, as at present?Even asking questions, which might be seen as hostile or at least awkward, is risky territory for business. â⬠SFE Chairman, Mark Tennant, expressed his concernes regarding independence at the end of his speech at the annual dinner in December last year: ââ¬Å"Our approach, however, should be empirical and focused on facts and the removal of uncertainties. [â⬠¦] Our role is to identify the questions that need to be answered and ensure that the electorate receives an answer before they vote. â⬠Also Danny Alexander who is MP for Inverness, Nairn, Badenoch and Strathspey, and Chief Secretary to he Treasury shares opinion that uncertainty hurts economy and remarks that ââ¬Å¾if the Eurozone has taught us anything, it is that monetary union between fisca lly independent states is an extremely difficult challenge. ââ¬Å" He argues that Scottish Government says it would continue to operate within the sterling currency area, but doesnââ¬â¢t say how. His message to the Scottish leader ââ¬Å¾think carefully before sacrificing stability through independence. ââ¬Å" Regarding to the timing of the referendum, David Lonsdale, assistant director of Glasgow-based CBI Scotland, said in an interview. We want it sooner rather than later. â⬠From the comments above is obvious that umbrella organizations associating Scottish business companies such as CBI and SFE are taking the side of UK government claiming that referendum should be held as soon as possible and at the same time expressing serious concers about the benefits of countryââ¬â¢s independence. For a long time it seemed that the individual business leaders adopted an ostrich strategy because few Scottish business leaders have spoken publicly about constitutional change.Howev er, year 2012 brought a turnover as some one of managers decided to stir up the still waters a bit. Martin Gilbert, chief executive officer of Aberdeen Asset Management Plc, Scotlandââ¬â¢s largest fund manager, spoke out: ââ¬Å"Whether it is independence or not is a matter for the voters to decide. I would like to see all the figures so you can make an informed judgment. At the moment you donââ¬â¢t know what the true figures are. â⬠Boyd Tunnock, representative of the Scottish maker of Caramel Wafers and Snowballs, commented in e-mail statement: ââ¬Å"Scotland and Scottish business needs certainty and clarity.We need the independence referendum to be held as soon as is reasonable so that investors know where they stand. â⬠To some extent the uncertainty was diminished by the Salmondââ¬â¢s clear statement about the referendum date. One of countryââ¬â¢s leading businessmen Jim McColl welcomed the Scottish Governmentââ¬â¢s upcoming consultation on Scotlandâ⠬â¢s constitutional future by saying: ââ¬Å"Many of us in business are convinced a prosperous future for this country depends on more powers for the parliament. Article Business leaders join in referendum debate published on Tuesday this week shows slighty more positive attitudes towards the constitutional change and vice versa express criticism towards the representatives of CBI, SFE and Westminster politicians: ââ¬Å"Members of Scotland's business community have refuted questions over the timing of an independence referendum and called for an end to scaremongering and a proper discussion on the merits of taking all decisions about Scotland within Scotland. [â⬠¦] There is little hard evidence that the referendum or the prospect of Scottish independence is damaging the Scottish economy.Business leaders have in the main expressed either a neutral or a positive attitude towards constitutional change in Scotland. â⬠The author of the article supports his argument by quotin g some of the local business leaders: ââ¬Å"Recently David Watt, Executive Director of the Institute of Directors in Scotland was asked by the BBC's Huw Edwards whether he was concerned by the prospect of a Scottish referendum in autumn 2014, as opposed to the Westminster government's preference for a vote as soon as possible.Mr Watt said that he thought that the date of the referendum made no difference. Having a timetable leading up to the second half of 2014 allowed businesses to plan. â⬠Similar opinion has Dan Macdonald of Macdonald Estates: ââ¬Å"The fact is the biggest decision in three centuries lies before us and we owe it to our children, and those who succeeded us to take whatever time is required to discuss the form and detail of what will be our New Scotland. In order to do that London politicians need to stop peddling scare stories and focus on a meaningful debate about Scotland's future. On the same is also owner of The Residence Glasgow, Sarah Jane Walls who f eels that there should be ââ¬Å"less negative scaremongering and more positive debate about Scotland's future,â⬠continuing that she is ââ¬Å"excited about the possibilities for Scotland as independent country. â⬠According to the survey processed for the Business Insider that covered opinions of business on Scotlandââ¬â¢s independence, the majority of businesses (67 per cent) think independence for Scotland would not have a positive effect on their business with only five per cent saying it would be positive and 17 per cent unsure.Questionnaires were sent to companies listed in Insiderââ¬â¢s TOP500, SME300 and SPRINT100 lists. One of the CEO with this opinion poll further commented: ââ¬Å"Achieving Scottish independence will not, in itself, prove to be the panacea for the challenges being faced. After all, there is little or no evidence to show any change will be positive. Therefore, to help improve our economy appoint independent Scottish and international busin ess experts to properly advise our inexperienced politicians to tackle the real, everyday issues of business rather than spend unnecessary time debating the future of Scotland without ny clear evidence to support how, and indeed why, the status quo should be changed. â⬠The contrary opinion expressed David Watt, executive director in Scotland of the Institute of Directors, by saying that none of the institute's 1600 members have expressed any concern as to a delay in a referendum vote. A spokesperson for UK Oil & Gas said although the body has no member consensus on the issue of independence, none of its members has raised the issue as a specific concern. Conclusion The aim of this essay was to deal with the issue of Scotlandââ¬â¢s independence from the perspective of local business leaders.By analyzing especially newspapers articles that are dealing with the topic I learned that there are three possible attitudes towards Scotland becoming independent. One side represented m ostly by CBI and SFE publicly claims that independence vote could harm Scottish economy. The opposite camp, which is primarily constituted of blue-chip companies, suggests the contrary. These positively thinking business leaders are denying comments that a delay on independence and the independence in general will destabilise the Scottish economy. The third group is classified by being neutral or by refusing to comment on the independence question.It is logical that CBI and SFE are speaking less in favour of independence and the later date of referendum as they have closer relations with the government in London than the individual organization do. In my opinion, even the business leaders that proclamated their support for independence cause and Salmonââ¬â¢s referendum timing feel at least some doubts. Also I think that a lot of the is actually tired of the independence talk and they would rather here from both UKââ¬â¢s and Scottish Government some warranties in the time of ec onomic crisis and that the politicians will support their efforts to kick-start the ailing economy.From the side of the local business leaders there is understandable demand for answers on number of important question. That brings us back to the introduction of the essay where I comment that most of the issues regarding the economic situation of independent Scotland cannot be precisely predicted. However it sounds disappointing. Many options might take place and the situation depends on various factors that Scottish Government cannot influence. We donââ¬â¢t even know the answer to the fundamental question ââ¬â whether there will be an independent Scotland. UKââ¬â¢s government is strictly against the eparation of the Union, neither the Scots itself are united on the matter and as stands out from the lines above, nor the Scottish businessmen. Still, the independence is surely more realistic than it was couple months ago. I believe that CBI and SFE could be potencial partner of the central government during the future negotiations over independence. They associate number of important companies and they could have certain influence on their members. On the other hand, there is a quite large number of companies, which are managed by people who decided to prove that the idiom ââ¬Å"You can't fight City Hallâ⬠is a false statement.My belief also is that business could influence the negotiations, however I wouldnââ¬â¢t say that companies could be determine the public opinion in general. Which side in end the majority of the business leaders joins will depend on numerous factors, especially on how skilfull in answering difficult questions will Scottish political representatives be. SNP with Alex Salmond in lead is trying something that no-one has ever tried before. To conclude I would say that I propably wouldnââ¬â¢t bet on my own prediction because predicting something in terms of the economic situation of independend Scotland is like predicting the unpredictable.References Murkens, Jo E. ; Jones, Peter; Keating, Michael. Scottish Independence: A Practical Guide. Edingburgh University Press, Edinburgh, 2002. Tom Clark. If one day it really is Scotlandââ¬â¢s oil â⬠¦ what will we do with it? The Herald Scotland, 29 October 2011. Available online: http://www. heraldscotland. com/news/home-news/if-one-day-it-really-is-scotlands-oil-what-will-we-do-with-it. 15567484 (accessed on 16 January 2012). Douglas Fraser. What would happen to Scotland's economy after independence? BBC. 15 January 2012.Available online: http://www. bbc. co. uk/news/business-16548644 (accessed on 16 January 2012). Douglas Fraser. Holyrood's challenge to business. BBC. 30 September 2011. Available online: http://www. bbc. co. uk/news/uk-scotland-scotland-politics-15122749 (accessed on 10 January 2012). Scotland's Future: Draft Referendum (Scotland) Bill Consultation Paper. 15 February 2010. Available online: http://www. scotland. gov. uk/Publications/ 2010/02/22120157/0 (accessed on 10 January 2012). Danny Alexander. Uncertainty hurts economy. Scotland on
Saturday, September 14, 2019
As I Get Older, My Toys Cost More Essay
As I mature, pursue my education, expand my interests, and become more involved in the working world, I am introduced to more technology and different types of people.à As my education is increased, the need and desire for technology to accompany this education increases as well, i.e., computers, lap tops, DVD burners, etc.à With these expanding horizons and increased contacts come responsibilities for higher priced socializing. Technological advancements and improvements occur at incremental rates compared to just 5-10 years ago. Technological advances are centered in transportation, medicine, and entertainment categories.à Examples of entertainment technology that have been introduced in just the last 3 years include Appleââ¬â¢s IPOD and all the existing technological paraphernalia that accompany it.à With innovation and improvement come higher price tags. à à à à à à à à à à à As a woman who values education, I desire to purchase books rather than rent from the library in many instances.à Purchasing titles by classics writers are relatively inexpensive, but the investment is more costly than buying the teen magazine or weekly magazine that I have now outgrown. à à à à à à à à à à à As a part of the working world, I am continually introduced to new people, making new friends along the wayà As I get older, my interests naturally are more involved and intricate and therefore cost more money.à Examples of this are the theater, ballet, symphonies, etc.à These are all more expensive than a weekend movie, or even buying a new movie DVD on the market. . New friends introduce me to their interests.à Therefore, socializing and participating in these events can cost more money than a quick lunch at Taco Bell when I was in high school.à In comparison, when I was younger, playing at the park or playground cost nothing.à Shopping with a pre-teen friend meant insignificant little purchases, i.e., gum, candy, inexpensive jewelry. Naturally, as I continue throughout my lifetime in the working world in the career of my choice, my success will naturally bring with it a higher income.à The higher income will allow me the freedom to buy ââ¬Å"toysâ⬠I would not have been able to consider as a younger woman.à Economic freedom frequently comes with age, continued education, and experience.
Friday, September 13, 2019
Tata Nano developing international markets Essay
Tata Nano developing international markets - Essay Example The company has generated approximate revenue of US$ 96.79 billion in 2013 (Tata Group, 2014). The income of the company accounts to almost 3.2% of total GDP in India. In January 2008, vehicle manufacturing segment of the Tata group, Tata Motors has launched a new car model named Tata Nano. The chairman claimed at the launching ceremony that Tata Nano was ââ¬Å"peopleââ¬â¢s carâ⬠. The company advocated that the car would benefit the middle and lower middle income classes of the nation, who were unable to afford expensive cars (Tata Group, 2014). In addition to that, the vehicle was said to be manufactured after considering all safety standards, generated less pollution and highly fuel efficient in nature. The car has gained high success in the Indian automobile market. However, it should be noted that the product has acquired a global recognition and is regarded as cheapest car in the world. This research paper aims to study ways through which Tata Nano can be launched in ot her international markets. The context of the paper will also present an appropriate outline of the marketing plan for introducing the car in a new international market (Abeles, 2001). The non-blue zones in the above world map are markets where Tata Motors are yet to enter. Hence, it is evident that there are numerous new markets where Tata Motors can expand its business. Some markets from the above where Tata Nano is still not traded are: The political authorities of most world nations are actively promoting their domestic automobile industries. This is because progress of automobile industry of a nation helps in enhancing domestic income by generating higher employment opportunities (Alesina and Rodrik, 1994). It also helps in accumulating productive foreign direct investment and stimulates technology transfer within country borders. The government authorities in several countries have introduced new energy conservation policies for the automobile sector. In addition, the
Thursday, September 12, 2019
Robert Rays essay The Thematic Paradigm (from his book A Certain
Robert Rays The Thematic Paradigm (from his book A Certain Tendency of the Hollywood Cinema) - Essay Example The traits that Ferris is seen to depict are that of a hero who is not that much respectable. Even though Ray tries to be critic of the American people for being obsessed and liking Ferris, it is clear that Ferris is a true hero. One of the claims that Ray makes is that there are some American heroes such as George Washington who are revered in the American culture. George Washington is depicted as the a hero who has official traits. ââ¬Å"The outlaw hero is someone like Davy Crockettâ⬠(Ray 279). The outlaw is seen as a reckless hero. The outlaw hero is depicted by Ferris Buleller. Ferris is a person that offers the kind of adventure that each person who was in high school once had. The depiction is a person with an attitude that is carefree and a person who has a pure sense of adventure. ââ¬Å"Ferris is seen a someone who has values that are embodied in self determination and values that make someone to be free from entanglementsâ⬠(Ray 279). The character goes out to do what is most desirable and yet is seen as someone who ha less care of the consequences of the actions that he takes. The fact that he takes a cut out of school and take a day in the city is enough to depict the character as an outlaw. He tries to avoid trouble by not meeting with any authoritative figure. The fact that Ferris gets stuck and sneaks behind his father is one trait that makes him be depicted as someone who could have lost the angelic image in an indefinite manner. From Rayââ¬â¢s perspe ctive, there are some traits that American people favour. One of the traits that American people favour is age. Ray can be seen as someone who sees Americans as people who sway towards the stance of younger individuals. The is something that is much attractive when it comes to the picture of childishness outlaw (Ray 279. A good be example will be in a film that is country old western which will equate
Wednesday, September 11, 2019
Development Appraisal, Project Cost Control Assignment
Development Appraisal, Project Cost Control - Assignment Example The building and construction sector includes contractors who build buildings for residential, industrial and commercial purposes. SECTION-A Question 1 This is a case whereby companies operating in the construction industry need to develop, differentiate,à defend and communicate the developmentà contributionà theyà make to their host country à in just the same way as they manage the value they delivered to customers. Taking a case of buildings:à There are various aspects that defines these statement ââ¬Ëââ¬ËDevelopment valueââ¬â¢Ã¢â¬â¢ in a more scientific way. ... 2. Four methods of valuation and their illustration using appropriate examples These methods include; DCF valuation LBO valuation Comparable companiesââ¬â¢ valuation Precedent transaction valuation A DCF (Discounted cash flow) valuation is a valuation method where future cash flows are discounted to present value. The valuation approach is widely used within the investment banking and private equity industry. In a DCF valuation, one has tom obtain data which includes; historical financial information, working capital, make future projections and calculate unlevered cash free flow, determine capital structure, WACC, present value of free cash flow, enterprise value and finally come up with a DCF sensitivity analysis which now shows the valuation changes with different assumptions and changes in input (Notman, 1998). A LBO (Leveraged Buyout Analysis), valuation is the acquisition of another company using a significant amountà of borrowed money (bonds or loans) to meet the cost of an acquisition. It is used to determine an implied valuation range for a given target in a potential LBO sale based on achieving acceptable returns (O'Sullivan & Sheffrin, 2003). In this kind of valuation the following is taken into account; deal value, historical financials, forecast period, results and output. A comparable companyââ¬â¢s analysis is always used in company valuations and is a relative valuation method (Notman, 1998). The method indicates the value of similar companies in relation to different key ratios that is later compared to your business. Common key ratios are: EV/EBITDA and EV/SALES. For this to be successful, one needs to select the multiples of companies, locate the necessary financial information, and spread key statistics ratios and trading multiples benchmark
Subscribe to:
Posts (Atom)