A Problem Of Police Brutality - Free Essay Example

Sample details Pages: 7 Words: 2047 Downloads: 1 Date added: 2019/03/29 Category Society Essay Level High school Topics: Police Brutality Essay Did you like this example? Police Officers are sworn under oath to serve and protect their communities as well as to enforce laws and arrest criminals. As a community citizens look for law enforcement for protection when they fear for their safety, but how must they do this when in many incidents people have died in the hands of the police due to excessive force. Police brutality has become more and more of a norm in society. Don’t waste time! Our writers will create an original "A Problem Of Police Brutality" essay for you Create order There have been many cases of police brutality but African Americans have been the biggest targets. African Americans have had many obstacles through their history and this one is just another one of them. Everyone deserves fair treatment no matter what their economical status, living conditions, level of education, or race they are. Everyone is affected by this issue in some way of another African Americans are not the only ones being victims of police brutality. The government and citizens should come together to solve this issue and not let it be a problem any longer. Police Officers should have a bigger punishment for police brutality. Black people or African Americans have had such a rough history in the United States and other parts of the world. As everyone is aware there was a time in our history where slavery was legal in the States and the slaves were blacks or African American. It is important to understand why African Americans and all other races are important worldwide. Everyone is created equally and everyone should be treated fairly no matter how much money or power you have. Because of their history African Americans are targeted greatly when it comes to racial discrimination. Many people like to think that they are better than everyone else because they have money or they have some sort of power over the rest of the people. Many cases of police brutality have been with an African American who has been brutally beaten or shot to his or her death. Black people deal with a lot of racial discrimination on a daily basis and if a police officer does it, it makes it seem like it is okay to do it. People also need to understand that not everything that is said on the news is true. News outlets and social media dont always show the whole story behind each incident and maybe this is why many officers have not been properly punished for police brutality. According to the U.S. Census Bureau 12.3 percent of the United States population is made up of African American. They reside all over the states but mainly in in 10 Southern states usually in poverty. The U.S Census Bureau states that New York City is where the most population of African Americans lives about 2.3 million. Of course these statistics are hard to follow because not everyone reports to the census. Many of African Americans come from single parent households where there income is a problem and they live in poverty. Many African Americans live in apartment complex that are surrounded by drugs, gangs and violence. This does not necessarily mean that everyone who lives in these apartment complexes is a drug dealer, gangsters or violent individuals. People that do not live there will automatically assume that someone who does fits into one of those categories. As a society we take charge of labeling people that live in certain areas our human instinct makes us believe what people are labeled as. Growing up in a single household can be difficult because one has fewer resources and income coming in then a family with two parents. When someone is in a situation where they cannot provide enough for their families they do what ever it takes to help out even if it involves doing bad things. Young African Americans drop out of school to help their single parent with expenses. Many of these young African American are not as educated as someone who has both parents at their home bringing in good income and live in better living conditions. According to a lot of stereotypes they are the violent, brutish African American male and the dominant, lazy African American female the Welfare Mother (Peffley Hurwitz Sniderman, 1997). These are stereotypes that society lives by and some believe that all African Americans are everything they are said to be. Recent research has shown that other races are likely to hold these stereotypes especially with the issues of crime and welfare. One of the biggest incidents that happened to an African American in Los Angeles was the Beating of Rodney King an African American, which created the impact of a dramatic event to the public eye of racial discrimination. This incident appeared to have had a great effect on how the local police treated black people and the discrimination against them (Sigelman Lee, Welch Susan, Timothy Bledsoe Combs Michael 1997). This was the first brutal beating by police that was recorded by a bystander. Although this incident happened 20 plus years ago it did not stop there. There have been more and more police brutality cases since the Rodney King who have also resulted in deaths. These police officers are using their power over citizens and are abusing it. In most cases they get away with it, like killing or beating someone nearly to death is something of the norm. In a recent statistics 69 percent of the victims of police brutality in the united states are African American or black were suspected of non violent crime and were unarmed (Mapping police violence). That is more than half victims of police brutality that were unarmed so what reason did they have for doing this. If these individuals were not armed why did these incidents have to turn out so awful. These are lives that are being taken and Law Enforcement is just getting a slap on the wrist for it. In 1991 according to the journal: police brutality and public perception of racial discrimination: a tale of two beatings, person videotape Rodney King in Los Angeles being beat by four white officers who used a stun gun and repeatedly kicked him and hit him batons (Sigelman Lee, Welch Susan, Timothy Bledsoe Combs Michael 1997). The video made it to the news and everyone got to see the discrimination happen. It was the first time that it was videotaped but when was the first time it actually happened we might never know. If there were times where African Americans claimed that they were victims of police brutality it was never believed, as there was no evidence to prove they were telling the truth. In July 2014 Eric Garner was killed at the age of 43 for selling cigarettes illegally. Garner was not armed and was shot to death. The officer that shot him was a white male and was not found guilty for any criminal charge. According to the Bureau of justice statistics during the years 1992-1994, the Metro-Dade Police Department completed 1,311 use-of-force reports. After the incident on Mr. King there were more reports made of police excessive use of force. This was just the beginning of what is now considered a normal for behavior for law enforcement. Citizens are scared to turn to Law Enforcement for help considering the fact that they are using their force to hurt citizens when they truly dont need to be using it. Not going to far in history from year 2014 to 2016 there were 15 high profile deaths of African Americans that were victims of police brutality. At first the problem as a whole looked like it was disparity but when you see this happen more than once and every time it happens its the same situation the only difference is the police officer you start looking at it as discrimination. In some of these cases police officers wanted to explain their actions but the footage of the incident said otherwise and viewers did not justify their actions. Only three of these 15 cases resulted in convictions. 12 police officers got away with the killing of victims of police excessive force (Lee Jasmine Park Haeyoun 2018). This issue continues to happen and people are scared. African Americans walk around and are scared when they see police thinking that they will pick a fight with them because of the color of their skin or they might just look suspicious to them. Police Officers are being justified for their actions and are not being punished for their crimes. The worst part that can happen for them is be on administrated leave or even so they will get fired but they will be able to get hired in a different state and have the same thing happen over again. Citizens are supposed to feel protected by the law not scared of it. Police officers are almost never prosecuted or convicted for police brutality because some how their actions are justified. Police officers are almost always believed over the civilians. Police officers take advantage of their power and people might think well they are going to do anything in their power to protect and serve but is killing and beating an African American going to protect and serve people. Police Brutality is a violation of ones constitutional rights that we as Americans have no matter what race or ethnicity we are. So why not punish police officers for violating our rights and breaking the law they are suppose to maintain. Some of the police stations have started trainings in regards to this issue. According to the American psychological association the New Orleans Police Department has started training for partners to take action rather than standing silently by or joining in on a fellow officers brutality. Instead of allowing things to overreact in heated situations to tell them to take a break and urge them not to do something they will regret (Novotney Amy 2017). I think strategy is really good and other police departments should really take notice of this because it could avoid a lot of police misconduct and police brutality amongst other civilians. Civilians and most importantly African-Americans I have been the biggest target for this incident will feel more secure and not fear their safety around police officers knowing that they are getting this type of training. Police officers carry weapons that they are required to use when and if it is needed so why go straight to the gun and shoot them to death or to the baton and beat on the person continuously. There should be steps that police officers take before using deadly force. Yes it is understandable that police officers fears for their lives but some of the cases that have happened the individual have been unarmed. I dont believe that it takes a deadly shot to contain someone. Police officers if they are going to shoot someone they should shoot their leg or arm but not a part were the victim is more likely to die. I dont think that beating on individuals is going to resolve anything they should hit them once or twice to make them calm down and hand cuff them and continue the arrest. Police Officers are set to be people that citizens look up to for protection and safety not fear them. Police brutality has happened continuously amount of times that it has become a normal situation that doesnt get punishment. African Americans and blacks have become a big target for racially discrimination when it comes to police brutality. Police officers need to be trained more in how to approach situations with everyone and not act differently with African Americans. In my future career as a Parole Officer I need to have my clients to be able to trust me and be comfortable with me. If police brutality continues citizens will not trust any law-enforcement agents including parole officers. This will not make my job easier if citizens believe that Parole Officers will be the same way as former police officers that have brutally beaten and killed people. Officers that would beat citizens up especially African-Americans are only making the law-enforcement look bad and not someone people would want to contact if they are in trouble or need help. Parole agent I will be around many types of races including African-Americans and if I dont have their trust they will not cooperate with me.

Twelfth Night and Crossdressing - 1429 Words

An Imitation of Ignorance The play Twelfth Night encapsulates what it meant to be a man and women throughout the 16th century. The roles of each gender were set in stone, and one could not publicly cross over under any circumstances. During Shakespearean times women were not even allowed to portray themselves on stage, men played their roles instead. In my opinion Shakespeare uses the play to show the hypocrisy of the status quo that held people from expressing their true identity. Twelfth Night demonstrates that professions should not be given on a gender basis, skill should be the only consideration. During the play one sees that only through imitation of another gender can a person reverse the roles, which they are bonded to. In†¦show more content†¦This leaves her to question if she will ever find true love. Yet come again; for thou perhaps mayst move that heart which now abhors, to like his love. Through this ordeal Orsino also becomes confused by his sexuality. He sees past Viola/Cesario c lothing and falls in love with her. After a few moments were Viola/Cesario and Orsino are very close he comes to realize that it would not be morally right to have sexual passion for another man. He slowly moves away and begins to question his feelings. When all is resolved true feelings are finally brought to light, and the characters see both their fates had true love in the future. It is unfortunate though that heartache was due to a simple societal structure that holds no basis in the world. Malvolio, a servant of Olivia, is also hurt by an imitation. Contrary to Viola/Cesarios imitation this one was not done out of necessity. The imitation is executed by acquaintances of Malvolio that seek revenge at the way he had been treating them. Feste the jester, Maria, Olivias uncle Sir Toby Belch, and Sir Tobys friend Sir Andrew Aguecheek--who scheme to undermine the high-minded, pompous Malvolio. Malvolio is tricked into believing Olivia is in love with him because of a letter that said just that. Malvolio believes the imitation letter, and his character suddenly changes from arrogant to joyful. Sad lady? I could be sad. This does makeShow MoreRelatedWilliam Shakespeare s The Merchant Of Venice1616 Words   |  7 PagesThe Merchant of Venice offers another unique perspective on crossdressing as it existed on the English Renaissance stage. Howard suggests that Portia’s crossdressing is â€Å"more disruptive than Viola’s† (Howard, p. 433) because Portia herself was an unruly woman to begin with. Portia has become the master of her own destiny with the passing of her father, for she is referred to as the Lord of Belmont now that no man exists to fill such a role. What remains of the patriarchal authority, particularlyRead MoreEssay about Comparing Shakespeare’s Women in Disguise2920 Words   |  12 Pagesheroine, he tried something di fferent. He cleverly varied each motif in which each play turned out to have different reactions as well as outcomes. All of the heroines, Julia in Two Gentlemen of Verona, Portia in The Merchant of Venice, and Viola in Twelfth Night, all come from aristocratic and wealthy families, were well-educated and courageous enough to disguise themselves in order to enter the masculine world. â€Å"Adoption of disguise also implied the inevitability of undisguising, and with it the assuranceRead MoreThe Twelfth Night By William Shakespeare1167 Words   |  5 Pagesthey achieve that power, they are still female and still manage to fulfill their goals. So, for a woman to have power does not mean she needs to stop being female but to stop being perceived as a female so she can be treated differently. In ‘The Twelfth Night,’ Viola disguises herself as a man in order to find her brother and in ‘The Two Gentlemen of Verona’ Julia also dresses as a man to travel to Mila n and visit Proteus. Both of these women find themselves in challenging situations, who use uniqueRead MoreTwelfth Night And Queen Elizabeth Lends1334 Words   |  6 Pagestop, and the husband’s patriarchal role as governor of his family and household... the family was seen as the secure foundation of society and the patriarch’s role as analogous to that of God in the universe and in the king in state.† The text Twelfth Night and Queen Elizabeth lends itself to the theme of gender and sexuality and presents its message as a challenge to the expectation of the society at that time. Because it goes against societal views of gender through androgyny, it is presented asRead MoreGender Roles And Roles Of William Shakespeare s The Merchant Of Venice 1837 Words   |  8 Pagesin his comedies. Hamlet may proclaim â€Å"Frailty thy name is woman†, but even the merest of character analyses of Portia in The Merchant of Venice, or Viola in The Twelfth Night conclu sively proves that they are anything but. In this paper we begin by examining the prevailing gender stereotypes in Elizabethan England. Taking The Twelfth Night as the basis, we try to find out how much conformity or deviation Shakespeare observes in the depictions of gender to the general trend of the day. Cross dressingRead More Cross-dressing in Twelfth Night, As You Like It, and The Merchant of Venice3276 Words   |  14 PagesCross-dressing in Twelfth Night, As You Like It, and The Merchant of Venice Any theatrical performance requires a two-fold exchange. The performers must act in such a way as to engage the audience and draw them into the story of the stage. However, the audience itself must yield to the imagination, allowing at times the irrational to take precedent over rational expectations. This exchange between performers and audience creates the dramatic experience; one cannot exist without the otherRead MoreTwelfth Night by William Shakespeare2088 Words   |  8 PagesTwelfth Night, or, What You Will by William Shakespeare is a comedy that was written for the Christmas season. Twelfth Night presents many different topics throughout the play like: crossdressing, homosexuality, unknown same sex desires, and undertones of talk about genitals. Although some are more noticeable than others, they are all present. I will be focusing mainly on the homosexuality of some of the characters and what the difference between that and just having a ‘male friendship.â€℠¢ I will alsoRead MoreTwelfth Night By William Shakespeare1937 Words   |  8 Pages Twelfth Night channelizes the spirit of festivity and celebration associated with the ‘Feast of Epiphany’, which in Elizabethan England was marked as the finale of Christmas jubilations. In it’s own way mirroring the society and it’s indulgence in feasting, drinking and the carnal pleasures which in their own right undermined the teachings of the church. It is hard to overlook the emphasis laid on indulgence and the excess of it

Tutorial Questions at Australian School of Business Taxation Free Essays

string(263) " important to note any factual differences from previous cases and to state whether or not you consider that the O Apply the relevant statutory provisions and case law principles to the facts This is probably the key aspect of answering a legal problem question\." Australian School of Business Taxation and Business Law LEGT 1710 Tutorial Program LEGT 1710 BUSINESS AND THE LAW TUTORIAL PROGRAM SEMESTER 1, 2013  © 2013 The University of New South Wales Sydney 2052 Australia The original material prepared for this guide is copyright. Apart from fair dealing for the purpos es of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Enquiries should be addressed to the Head of School, Taxation and Business Law, UNSW, Sydney TUTORIAL PROGRAM FOR LEGT 1710 BUSINESS AND THE LAW Week 1 11 March Introduction: The Role of Law in Business Statutory Interpretation Legal Reasoning Introduction to Contract Law †¢ †¢ †¢ †¢ †¢ †¢ Week starting Lecture topics Topic information NO TUTORIALS What is law? / Sources of law The Australian Constitution and the separation of powers The Parliament, the Executive and the Judiciary Statutory interpretation Judicial decision making Legal problem solving and conducting legal research Readings Latimer Ch 1 2 Latimer Ch 1 3 18 March 4 5 March †¢ Nature and role of contract law †¢ Requirements for a valid contract ASSIGNMENT 1 DUE WEEK 4 (Hand in to tutor in tutorials) MID-SEMESTER BREAK (1 to 7 April 2013) †¢ Terms of a contract †¢ Conditions and Warranties Exclusion clauses †¢ Vitiating elements: mistake, misrepresentation, illegality, inequality Breach of contract/termination of contract Remedies for breach of contract Gen eral principles Negligence and duty of care Statutory modification through the Civil Liability Act 2002 (NSW) Latimer Ch 5  ¶5-010- ¶5-485 5 8 April Contract Law (cont’d) Contract Law (cont’d) Contract Law (cont’d) Introduction to Tort Law Tort Law (cont’d): Professional Negligence and Economic Loss Latimer Ch 6  ¶6-010- ¶6-250 6 7 15 April 22 April Latimer Ch 5  ¶5-620- ¶5-835;  ¶5-510 to  ¶5-570;  ¶6-260- ¶6-275 and Ch 11 Latimer Ch 6  ¶6-280- ¶6-510 Latimer Ch 4  ¶4-010- ¶4-120 †¢ †¢ †¢ †¢ †¢ 8 29 April 9 6 May †¢ Standard of care for professionals †¢ Recovery for economic loss MAJOR ASSIGNMENT DUE Submit Online via Turnitin on Monday 6 May by 5pm †¢ What is property? Ownership of land Intellectual property †¢ †¢ Latimer Ch 4  ¶4-121- ¶4-291 Latimer Ch 3 10 13 May Property Law 11 20 May Competition/ Restrictive Trade Practices Law Applying competitive strategies to business: †¢ Part IV of the Competition and Consumer Act 2010 (Cth) †¢ Authorising anti-competitive activity †¢ Enforcement powers of the ACCC †¢ Remedies and defences available under the Competition and Consumer Act 2010 (Cth) †¢ †¢ †¢ Misleading or deceptive conduct Unconscionable conduct Misrepresentations under the Australian Consumer Law (Sch 2, Competition and Consumer Act 2010 (Cth)) Business structures Risk Management Compliance Due Diligence Latimer Ch 8 and see also www. We will write a custom essay sample on Tutorial Questions at Australian School of Business Taxation or any similar topic only for you Order Now accc. gov. au 12 27 May Consumer Protection Law Latimer Ch 7 and see also www. accc. gov. au (a) 13 3 June (b) Business Structures Risk, compliance and due diligence †¢ †¢ †¢ †¢ Latimer Ch 9 Supplementary materials S2-2012 LEGT1710 Tutorial Program Page 2 TUTORIAL CONSULTATIONS Students should note that tutors will hold face-to-face tutorial consultations in the following weeks: Week 3 commencing 18 March Week 7 commencing 22 April Week 8 commencing 29 April Week 12 commencing 27 May Week 13 commencing 3 June Tutors will let their students know the time and location of their tutorial consultations in the week prior to a tutorial consultation week. Students will also be provided with their tutor’s email address so that if a student has any tutorial-related queries outside of the above weeks, they should contact their tutor with their query by email. Short and straight-forward queries will be responded to by email. A tutor may suggest a student attend at one of the above consultation times if a query requires a detailed response/explanation. However, as far as possible, students should raise all queries with their tutor during their tutorial class. S2-2012 LEGT1710 Tutorial Program Page 3 ANSWERING TUTORIAL AND EXAM PROBLEM QUESTIONS The problem questions that you are asked to prepare answers to in tutorials are similar in format to the problems that you will be given for Assignment 2 and in the final exam. It is therefore important that you attempt the tutorial questions so that you have sufficient practice in answering legal problems to do well in Assignment 2 and in the final exam. The course is designed to give students skills in recognising the interaction of a range of commercial laws and how they impact on business activity. Merely addressing a single issue in your answer is unlikely to be sufficient and will attract a poor mark. The commercial world rarely presents problems that only raise one issue. How to answer exam and tutorial questions When answering exam and tutorial questions you should: 1. READ THE QUESTION CAREFULLY 2. Be sure you understand what is asked. . Then: O Identify relevant facts of the problem Unlike judges, when you answer a problem or case study you do not need to summarise the facts of a problem. What you should do is identify the key facts that are relevant to the issues in the problem you are considering. O Identify key, relevant statutory provisions and case law principles This involves asking: (a) does a statutory provision apply to this situation and does it provide a specific answer to the problem? AND (b) are there any cases which have dealt with a similar fact situation to the one you are considering? You should provide the name/section of any relevant legislation and the names of any relevant cases in your answer. O Note similarities to (follow) or differences from (distinguish) prior cases When reading a problem it is a good idea to jot down the names of cases that you have studied, where the facts were similar, if not identical to the ones in the problem you are considering. Often the facts of a problem may be similar to but a little different to those in a decided case. Think about whether any factual differences matter. Whether or not any differences matter will depend on the scope of the legal S2-2012 LEGT1710 Tutorial Program Page 4 principle that the relevant case stands for. differences matter to your problem. It is important to note any factual differences from previous cases and to state whether or not you consider that the O Apply the relevant statutory provisions and case law principles to the facts This is probably the key aspect of answering a legal problem question. After identifying the relevant facts, and referring to the relevant statutory provisions and case law, you then have to apply the relevant statutory and/or case law principles to the facts of your problem. This important step comes after you have identified the key facts and the key legal principles from relevant statutes/case law and noted their interpretation, and before you draw a conclusion. This step involves saying what the legal principles you have identified mean to the facts of your problem and what the effect of these legal principles will be on the rights and obligations of the parties in your problem. This is the key part of the process of reasoning that leads to a conclusion both in a legal problem question and in an actual court case. O Reach a conclusion based on the application of the statutory provisions and case law principles to the facts In your answers you will generally need to reach a definite conclusion. More important than the conclusion you reach however, is the process of reasoning that led you to that conclusion. The fact that a subsequent court can overrule the decision of a previous court demonstrates that there is no absolutely correct answer to legal problem questions. You will receive more marks for your process of reasoning than you w for ill getting what is considered at the time to be the ‘correct’ answer. Remember: in your discussion/answer, you must include references to relevant statutory provisions (legislation name and, where possible, section numbers) and case names. . What NOT to do: When answering questions, either for a tutorial or for the assignment or in an exam, DO NOT: †¢ †¢ †¢ restate the facts of a question; copy your notes, the text etc without explaining their relevance; make emotional statements; S2-2012 LEGT1710 Tutorial Program Page 5 †¢ †¢ †¢ †¢ provide non-legal material (instead make sure you include t he â€Å"relevant† law); address issues that are not raised in the question asked; provide a conclusion which is not supported by legal argument; forget to provide references where required (in other words, do not plagiarize) . Review Your Answers Once you have written your answer, you should review it carefully. Appropriate expression, tone and formatting are important to legal writing. Use plain English and not slang or text language. Prior to printing out your assignment for the last time, read it carefully, and then read it out aloud to ensure it flows and makes sense. A proper review includes careful checking of the: †¢ †¢ †¢ †¢ spelling, grammar formatting; argument flow; bibliography; and footnotes. S2-2012 LEGT1710 Tutorial Program Page 6 NOTE: THERE ARE NO TUTORIALS IN WEEK 1 Week 2 11 March Introduction: The Role of Law in Business (Lecture 1) Key learning outcomes from Lecture 1: †¢ †¢ †¢ †¢ †¢ †¢ †¢ The legal effect of English settlement in 1788 How laws are classified The different meanings of the terms â€Å"common law† and â€Å"civil law† What happens if there is a conflict between common law and statute law What is a ‘federal† system of government and how this operates in Australia The doctrine of â€Å"separation of powers† and division of power under the Commonwealth Constitution How a law is made through the Australian Parliament Tutorial Questions 1. Australia was originally governed from London. Can the British Parliament still pass laws that apply to Australia? 2. Briefly explain the distinction between â€Å"enacted† and â€Å"unenacted† law. 3. What does the term â€Å"common law† mean? 4. If there is a conflict between common law and statute law which law prevails? 5. Explain the doctrine of separation of powers. 6. What are the key steps involved in making a law? S2-2012 LEGT1710 Tutorial Program Page 7 Week 3 18 March (Tutor Consultation Week) Legal Reasoning and Statutory Interpretation (Lecture 2) Key learning outcomes from Lecture 2: †¢ †¢ †¢ †¢ †¢ †¢ The court system in Australia and what an appellate court is Ways of resolving disputes outside of the court system (ie alternate dispute resolution) What the doctrine of precedent is How courts interpret laws or statutes How to solve legal problems An introduction to legal research Assignment 1 Assignment 1 is based on the weeks 1 and 2 lectures. There are 2 questions: Question 1 worth 10 marks and Question 2 worth 5 marks (total 15 marks). Students will need to do some research (using the textbook, lecture notes or other books or materials you might wish to refer to) to find the answers to these questions. Word limit: maximum of 1000 words. The aim of this assignment is to assess students on the materials covered in topics 1 and 2, to get students to use the textbook and lecture notes and to provide students with the opportunity of practising their writing skills. STUDENTS ARE NOT REQUIRED TO PROVIDE REFERENCES OR A BIBLIOGRAPGY FOR THIS ASSIGNMENT. Assignment 1 is due in week 4 (to be handed to your tutor in your tutorial). Tutorial Problem Questions Problem 1: Statutory interpretation You are trying to work out if ‘scissors’ are a ‘weapon’ with the meaning of the Weapons Act 1990 (Qld). That Act states: ‘Weapon means: (a) a firearm; or (b) another thing prescribed under regulation. ’ Scissors are not a firearm. You check the regulations and find that scissors are not listed. S2-2012 LEGT1710 Tutorial Program Page 8 However, the principles and object section deals with ensuring public and individual safety through restricting possession of weapons and requiring safe and secure storage of weapons to prevent their misuse. How can you be sure that scissors will not be considered as a ‘weapon’ within the meaning of the legislation? Problem 2: Parts of a case and how to read a case The case: FISCHER v STUART – (1979) 25 ALR 336 SUPREME COURT OF THE NORTHERN TERRITORY Forster CJ 25, 26 June 1979, 25 July 1979 Darwin Animals — Liability for — Ferae naturae — Dingo — Canis familiaris dingo — Whether ferae naturae or mansuetae naturae — Onus of proof — Damages for personal injury The plaintiff was attacked and injured by a young dingo bitch kept by the defendant. The animal had escaped from the collar and chain securing it and had attacked the plaintiff on open land near the defendant’s premises, which were unfenced. The dingo, canis familiaris dingo, is a sub-species of the species dog, canis familiaris. Held: (i) the onus of proving that wild animals of a particular class are not dangerous to man rests upon the party asserting that they are not. (ii) The evidence established that dingo is an animal ferae naturae. (iii) The plaintiff would be awarded $5000 general damages and $110. 4 special damages. Action: This was an action for damages for personal injury suffered by the plaintiff when she was attacked by a dingo kept by the defendant. The facts and nature of the proceedings appear sufficiently from the judgment of Forster CJ. J B Waters, for the plaintiff. J Harrison, for the defendant. Forster CJ. The plaintiff, then a child aged four years, was attacked and to some extent savaged by a young dingo bitch, towards which the defenda nt acted in all respects as an owner. The dog had escaped from the chain and collar which secured it under the defendant’s unfenced house and the attack took place on some open land referred to as an easement near to the defendant’s house where the plaintiff was playing. The dingo had come into the possession of the defendant when it was four to six weeks old, its mother having been killed and the puppy having been found in the bush. The dingo was kept by the plaintiff in and about an ordinary suburban house in Sanderson, a suburb of Darwin, which house, as I have said, was unfenced. The house where the plaintiff lived was nearby†¦. The plaintiff sues by her mother as next friend for damages in respect of the injuries suffered by her in the attack by the dingo and the other consequences of the attack. The claim is put upon a number of alternate bases. First, on the basis of simple negligence. Secondly, on the basis that a dingo is an animal ferae naturae and is also a dangerous animal to the bringing S2-2012 LEGT1710 Tutorial Program Page 9 on to land of which absolute liability attaches and thirdly, pursuant to s 29 of the Registration of Dogs Ordinance. In view of the conclusion to which I have come on the second basis it is unnecessary to decide the questions of simple negligence and the provisions of the Registration of Dogs Ordinance, but it is my view that the claim based on negligence is not made out †¦. , and also that s 29 of the Registration of Dogs Ordinance has no application in the present circumstances as it does not create a liability, but simply provides that if a dog does damage in circumstances that attract liability to its owner then damages may be recovered in certain ways. Is the dingo an animal ferae naturae which should be regarded as inherently dangerous to man? Dr Begg, the biologist, Mr Williams, the head ranger at the Yarrawonga Wild Life Park, Mr Stephens, the Wild Life Control Officer and Mr Lindner, a well-known Northern Territory wild life ranger, and indeed the defendant herself, are unanimous that the dingo is a wild animal. Mrs Padgham-Purich regards the dingo as simply another breed of dog requiring no more special treatment than some other breeds of dog require and she does not agree without considerable qualification that the dingo is a wild animal. The dingo is a sub-species of the species dog, canis familiaris — canis familiaris dingo and the evidence satisfies me that it is capable of a degree of domestication. I note that the Oxford English Dictionary defines â€Å"dingo† as â€Å"the wild or semi-domesticated dog of Australia†. The test to be used for classifying animals for the purposes of defining the liability of the person who owns or keeps or harbours them, is whether the animal is of a class which constitutes a special danger to mankind†¦ What is the evidence with respect to the dingo? It is plainly regarded as being dangerous to stock. There are dog-proof fences and a bounty paid on scalps of dingoes. The evidence as to danger to man is not unanimous†¦ With great respect to Mrs Padgham-Purich, I find that although dingoes are capable of being tamed and can be in many respects attractive, intelligent dogs to own, they must always be treated with extreme care and suspicion and are prone for no apparent reason to attack the humans with whom they are associated. If, as I have said, the onus is upon the defendant to satisfy me on the balance of probabilities that the dingo, which is plainly a wild animal, is not dangerous to man, she has failed to discharge that onus. On the contrary I am satisfied that the dingo is by its nature notwithstanding Mrs Padgham-Purich’s skill and experience, inherently dangerous to man. This finding really concludes the question of liability in favour of the plaintiff:†¦ The dingo was secured by a chain and collar, the latter of which proved to be inadequate. In view of the absolute liability which I have found to exist the plaintiff is entitled to succeed†¦ taking everything into account, the appropriate sum for general damages is $5000. Special damages have been agreed at $110. 24 and there will be judgment for the plaintiff in the sum of $5110. 4 with costs to be taxed. I will hear counsel as to the form of an order for the payment of the judgment moneys. Solicitors for the plaintiff: Waters, James O’Neil. Solicitor for the defendant: David Winter. S2-2012 LEGT1710 Tutorial Program Page 10 Please answer the following questions in relation to the case: 1. What is the full case citation? 2. W hat are the names of the plaintiff/defendant? 3. In which court was this case decided and and what was the name of the judge? 4. What is the case about – give a brief summary of facts? 5. What are the legal issues raised in this case? 6. What happened in this case: what is the decision/reasons for the decision? S2-2012 LEGT1710 Tutorial Program Page 11 Week 4 25 March ASSIGNMENT 1 DUE (Hand to tutor in tutorial) Introduction to Contract Law (Lecture 3) NOTE: UNSW MID-SEMESTER BREAK FROM 1 APRIL to 7 APRIL 2013 Key learning outcomes from Lecture 3: †¢ †¢ †¢ †¢ Role of contract law in business Formation of contracts Concept of a binding contract Need for offer and acceptance; consideration. How to answer a legal problem question Overview by tutor Tutorial Problem Questions Problem 1: A writes to B to sell his stamp collection to B. B, who has stopped saving stamps, gives A’s letter to another collector C, and C writes a letter of acceptance to A. Is there now a contract between A and C? Problem 2: Offeror wrote to offeree offering to buy offeree’s car for $1,999 adding: â€Å"If I hear no more about it, I consider the car mine at that price. † Offeree did not reply to this letter although it appeared from later dealings that offeree had decided to accept. Is there a contract? Problem 3: Brunhilda loses Fifi, her rare and often threatened French poodle. The poodle is found hunting rats in a sewer by a council worker and is returned ith a pair of tongs. Brunhilda, who has no sense of smell, is overjoyed, and promises to pay the council worker $50 for the return of the dog. Can the council worker enforce the promise? S2-2012 LEGT1710 Tutorial Program Page 12 Week 5 8 April Contract Law (Lecture 4) Key learning outcomes from Lecture 4: †¢ †¢ †¢ †¢ Is there ‘intentionâ €™ to enter into a contract Terms of the contract Whether a contract is in existence Principles of construction and determining the scope of the contract: representations vs terms; incorporation of terms; implied terms; collateral contracts; uncertain terms; exclusion clauses How to approach the Major Assignment Overview by tutor NOTE: ONLINE SUBMISSION ONLY VIA TURNITIN (see Blackboard) You can review your plagiarism score, amend and resubmit as required but the FINAL VERSION of your assignment is due Monday 6 May by 5pm Tutorial Problem Question Richard was in the third year of an arts degree, and was finding his social life limited by his very limited financial means. He complained of this to his parents one weekend, hoping that they would give him an allowance. He continued on that theme for the whole weekend, until his father, Bill, eventually grew sick of it. Bill said that his brother Fred owed him a favour, because Bill had once helped him out with the milking for a month while Fred was in hospital. He said that Fred might be able to employ Richard on the farm. He said, finally, that if Fred couldn’t help he would give him some money himself. Bill contacted Fred and said: â€Å"Fred, you know that favour you owe me? Now I need something in return. I have a boy here anxious to earn some money. Will you employ him? † Fred happened, at that time, to need some labour, so he agreed to employ Richard on weekends and semester breaks. S2-2012 LEGT1710 Tutorial Program Page 13 Bill then continued: â€Å"And Fred I need something else. I’m going to be hauling some rubbish away over the next few weeks and I need your truck. When can I pick it up? † Fred replied that the truck would be available from Tuesday 4 July 2010. However, when Bill went to pick up the truck Fred refused to give it to him, saying that he needed it. Bill was furious, and since he had already paid a fair bit of money over to contractors, relying on the fact that he would have the truck, he was out of pocket as well. He threatened to sue Fred, saying that they had a contract. Richard started working on the farm, milking every weekend and doing general fencing, hay carting and pasture maintenance work during the semester breaks. However, after three months of work he still had not been paid. He asked Fred for the money and Fred said that, since they were family, he didn’t owe him anything. Richard now wants his father to pay him, saying that he had promised to do so if Fred couldn’t help. Discuss by reference to the common law of contract whether: 1. Bill is contractually entitled to the use of the truck; 2. Richard is contractually entitled to be paid by Fred; and 3. Richard is contractually entitled to be paid by Bill. Please also consider and apply any the decision from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 14 Week 6 15 April Contract Law (Lecture 5) Key learning outcomes from Lecture 5: †¢ Vitiating elements: mistake; misrepresentation; illegality; inequality between the parties Tutorial Problem Question Ernest had heard that the current owner of Absynth Hall was thinking of selling. On 28 April he wrote a letter to the owner, Jack, in the following terms: â€Å"Are you interested in selling the Hall? If so, at what price? † Jack received the letter on 29 April and replied that day by facsimile addressed to Ernest as follows: â€Å"I will sell you Absynth Hall for $200,000. The terms and conditions will be those in the Law Society of New South Wales standard form real estate contract. Please reply in writing before 5 May. † Unfortunately, Jack’s secretary Giles, when sending the facsimile, misdirected it, and it was received by Gwendolyn. Realising his mistake immediately, Giles re-sent the facsimile to Ernest and telephoned Gwendolyn to tell her that the facsimile was sent by mistake. On 1 May, Ernest sent a letter to Jack, saying: â€Å"I accept your offer to sell the Hall and surrounding grounds for $200,000. † However, on the same day the market went into a spectacular dive, and by 5 pm Ernest had lost a lot of money. Feeling that he could no longer afford the Hall, he sent a facsimile to Jack, which Jack received at 6 pm, saying that he no longer wished to purchase the property. At this point Jack had not received Ernest’s letter of 1 May. Gwendolyn had been extremely interested in purchasing the Hall and, ignoring Giles’ advice to disregard the facsimile, she had faxed an acceptance of the offer immediately upon receipt of Jack’s mis-sent fax. S2-2012 LEGT1710 Tutorial Program Page 15 On 1 May, Jack received Ernest’s facsimile and decided to follow up on Gwendolyn’s fax. He sent her a reply by fax, saying: â€Å"I am in receipt of your facsimile of 29 April. I advise that the price is $250,000 for the Hall alone. † Gwendolyn received that fax on 1 May and replied that she would purchase the Hall for $235,000. On 3 May Jack replied that he would accept that price. On 4 May Ernest recovered all of his losses on the stock market and made a profit. He telephoned Jack to say that he would now purchase the hall for $200,000. Discuss by reference to the common law of contract whether there is an enforceable contract between: 1. Jack and Ernest 2. Jack and Gwendolyn for the sale of Abysnth Hall? Please also consider and apply any the decision from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 16 Week 7 22 April (Tutor Consultation Week) Contract Law (Lecture 6) Key learning outcomes from Lecture 6: †¢ †¢ Termination of the contract Remedies available for contractual breaches Tutorial Problem Question Lizzy was interested in buying a television. She didn’t have very much money, so she thought that she would have to buy one second-hand. She advertised in the local newspaper. The advertisement said: Wanted: LCD Plasma television in good condition. Will pay a good price. The next morning Darcy rang, saying that he had a television fitting the description. He said he would bring it around to Lizzy’s house at 4 pm. A few minutes later Bingley rang. He said he had a good television for sale, but it was a television/video unit combined. Lizzy, however, was interested. She drove around to Bingley’s house. Bingley showed Lizzy the television. Lizzy was very interested. The television was very good looking, finished in rather nice matt black finish and with soft, fluid lines. She said to Bingley: â€Å"Have you ever had any difficulties with the picture? † Bingley told her that the television had always worked well, and that he had never had any difficulties with it. Bingley set the television up in the lounge room and showed Lizzy how it worked. Lizzy asked how much he wanted for the television. He replied that he would want $575. Lizzy said she would pay $550 and Bingley said that it was a deal. Lizzy took the television home and found Darcy waiting at the door. He said that he had the television and wanted the $600 that it was worth. Lizzy was confused, and said that she never said she would buy the television. Darcy became very angry, and told Lizzy that she S2-2012 LEGT1710 Tutorial Program Page 17 would have to buy the television. If she didn’t she might find herself seriously harmed. Lizzy was frightened, and agreed to buy the television. She said Darcy could bring it around the next day and she would have the money. When Lizzy got inside she set up the television which she had just purchased from Bingley. She watched it for a couple of hours to calm her nerves. After that time, the television started to smoke and the picture flickered and faded to black. Lizzy was upset, and took the television to an electrician. The electrician said that there was a major fault in the television and that it had most certainly been faulty when she purchased it. Discuss by reference to the common law of contract whether there is an enforceable contract between: 3. Lizzy and Darcy 4. Lizzy and Bingley in relation to the purchase of the television. Please also consider and apply any the decision from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 18 Week 8 29 April (Tutor Consultation Week) Introduction to Tort Law (Lecture 7) Key learning outcomes from Lecture 7: †¢ †¢ †¢ †¢ †¢ †¢ Some of the different types of torts and some areas of business where tort law may be relevant How the law of contract and the law of torts interact What is the â€Å"duty of care† and to whom is it owed? What is the â€Å"but for† test? Some of the defences to torts Relevant statutory provisions of the Civil Liability Act 2002 (NSW) Tutorial Problem Question Theresa runs her own Asian restaurant in Randwick. One morning, a delivery man accidently dropped and spilt a can of cooking oil on the floor of the restaurant as he was entering from the street. Theresa immediately mopped up the oil and scrubbed the floor with detergent, but the surface remained slightly oily and quite slippery. Consider the following possible situations: a) After the accident, Theresa went to get some rubber mats to lay down over the area from the back of the restaurant and the phone rang. Not wanting to miss the call, she answered the call. Her back was turned from the entrance for a minute or two. During that time Damien, a customer, entered. He slipped on the oily floor and broke his leg. ) Damien’s girlfriend Ivy, who was a very nervous person, was walking behind him. She became very upset and suffered nervous shock when she saw Damien fall because she feared that Damien might be seriously injured. c) After the accident, Theresa wrote out a sign in very large bright letters which said ‘Warning—slippery floor. Do not enter’ and displayed it at the front of the restaurant entrance. Clark, a customer with very poor eyesight, miss ed the sign, walked in, slipped on the oily floor and broke his leg. S2-2012 LEGT1710 Tutorial Program Page 19 ) Clark screamed loudly after his fall. This caused Russell, who was driving past the restaurant, to take his attention off the road, causing him to run off the road and smash into a nearby wall. Russell was uninjured but the smash caused $20,000 damage to his car. e) Immediately after the spill, Theresa walked outside, pulled down the shutter of the restaurant but forgot to lock it, and went for a coffee. A thief entered through the unlocked door to steal money, but slipped floor, crashed into the shutters. The fall caused him to break his jaw and suffer possible long-term brain damage. Assume that the above events a) to e) took place as a separate set of facts. Considering each scenario separately, discuss whether Theresa could be liable for the resulting injuries and damage under the laws of negligence. Refer to both the common law and the Civil Liability Act 2002 (NSW). Please also consider and apply any relevant statutory provisions and any relevant decisions from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 20 Week 9 6 May ASSIGNMENT 2 DUE BY 5PM: ONLINE SUBMISSION VIA TURNITIN Tort Law: Professional Negligence and Pure Economic Loss (Lecture 8) Key learning outcomes from Lecture 8: †¢ †¢ †¢ †¢ †¢ The essential elements of negligent misstatement How the test for negligent misstatement relates to the test for negligence resulting in personal injury Why courts are reluctant to make awards for pure economic loss How the Civil Liability Act 2002 (NSW) applies to professional negligence What an accounting firm can do to reduce the risk of liability for negligence Tutorial Problem Question Sam and Samantha have just moved into an old terrace house in Bondi which they purchased in October, 2012. Before deciding to buy the property, they obtained a building report on the condition of the house from a professional building inspection company, Inspectcorp. The report stated that the floorboards needed to be replaced at a cost of around $5000, as they were full of dry rot. In addition, Inspectcorp reported that there was evidence of termite infestation in the roof. The report recommended a pest report be obtained on the termite problem. Sam and Samantha were short of cash so decided to proceed with the purchase without getting a pest report. After they moved in, the couple employed a contractor to replace the floorboards. While doing the work, the contractor found that the beams supporting the floorboards were rotten due to termite infestation, and the estimated cost of replacement of the beams is $50,000 in addition to the $5000 to replace the floorboards. On another matter, last week the local council served a notice requiring the house to be fitted with electric smoke detectors, under new fire safety laws that came into effect in November, 2012. The estimated cost to fit the detectors is $2000. S2-2012 LEGT1710 Tutorial Program Page 21 Sam and Samantha say they would not have purchased the property if they’d known that they’d have to spend $50,000 to replace the beams, and another $2000 to install the smoke detectors. They say Inspectcorp should have detected and reported both these items in their report. Consider whether Sam and Samantha may have any rights to claim compensation against Inspectcorp under the laws of negligence in NSW. Refer to both the common law and the Civil Liability Act 2002 (NSW). Please also consider and apply any relevant statutory provisions and any relevant decisions from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 22 Week 10 13 May Property Law (Lecture 9) Key learning outcomes from Lecture 9: †¢ †¢ †¢ †¢ †¢ †¢ †¢ The difference between a joint tenancy and a tenancy in common The meaning of Real Property/Personal Property/Intellectual Property/a Chose in Action How real property under Torrens Title is transferred The difference between a mortgage and a charge The different types of intellectual property The preconditions necessary for a work to be protected by copyright How a company can protect its confidential information REMINDER: MAJOR ASSIGNMENT IS DUE ON MONDAY 6 MAY by 5pm This Assignment is to be submitted online only – via Turnitin (see Blackboard) Tutorial Problem Question Jack and Jill, a middle aged married couple, are registered as co-owners of their freestanding family home in Kensington. The property is held under Torrens Title and they are registered as joint tenants. They have paid off the loan they had taken out from the Eastpac Bank to purchase the property, which is now worth over one million dollars. The marriage is going through a difficult time, and Jack recently became friends with a single woman living in the USA through an online dating service. He has decided to travel to the US by himself to meet his new friend and start a new life, taking as much money as possible with him. Having very little cash in the bank, Jack successfully applied to Eastpac bank for a new loan of $500,000, with a mortgage over his house as security. The bank manager told Jack he and Jill would need to attend his office to sign a mortgage agreement, but Jack made up a story that Jill was unable to come to the bank to sign personally due to illness. As a long term reliable customer, the manager allowed Jack to take the documents home for his wife Jill to sign. Without telling Jill about the loan, Jack forged his wife’s signature on the mortgage document. The bank accepted the signed mortgage not knowing Jill’s signature was forged, and registered it at the Land Titles Office. S2-2012 LEGT1710 Tutorial Program Page 23 Taking the $500,000 with him, Jack disappeared to the USA, never to return, and made no repayments of the loan. When the loan defaulted, the bank followed the usual procedure and exercised its power of sale over the property to recover the outstanding loan. It sold the property at auction to Mr. Chan, who became registered owner of the land. Jill has had to vacate the property, but knew nothing about the loan to Jack. She claims the mortgage to the Eastpac bank is void because her signature was forged. She claims she still legally owns the house and should not have to suffer due to Jack’s dishonesty. Mr. Chan says he is entitled remain owner as he legally bought the property at the auction, and knew nothing about the forged mortgage. Advise Jill and Mr Chan as to their legal position under the Torrens Title system. S2-2012 LEGT1710 Tutorial Program Page 24 Week 11 20 May Competition Law (Lecture 10) Key learning outcomes from Lecture 10: †¢ †¢ †¢ †¢ What are the key provisions of Part IV of the Competition and Consumer Act 2010 (Cth) What anti-competitive conduct can be authorised The enforcement powers of the ACCC What remedies and defences are available under the Competition and Consumer Act 2010 (Cth) Tutorial Problem Questions Consider whether the following conduct breaches any sections of Part IV of the Competition and Consumer Act 2010 (Cth): 1. Representatives of four major widget distributors enter price fixing agreements to fix maximum customer discounts. 2. A manufacturer refuses to supply a retailer for two reasons: a. The retailer insists on buying from other manufacturers; and b. The retailer is located in an unfashionable part of a shopping centre and has poor retail facilities. 3. A retailer has 45% of the retail biscuit market. Can the retailer acquire a competitor that has another 15% of the cake market? (ABL  ¶8-572) A publisher distributes a textbook to book retailers on condition that the retail price is no less than $35. ABL  ¶8-440 to  ¶8-500) S2-2012 LEGT1710 Tutorial Program Page 25 Week 12 27 May (Tutor Consultation Week) Consumer Protection Law (Lecture 11) Key learning outcomes from Lecture 11: †¢ †¢ †¢ †¢ †¢ †¢ What is the Australian Consumer Law (found at Sch 2, Competition and Consumer Act 2010 (Cth)? What does s 18 of the Australian Consumer Law state? Can â€Å"s ilence† or an â€Å"opinion† amount to misleading or deceptive conduct? False representations under s 29 of the Australian Consumer Law Unconscionable conduct under ss 20, 21 and 22 of the Australian Consumer Law Defences and remedies available under the Australian Consumer Law Tutorial Problem Questions Problem 1: Randy inherited a collection of early Australian paintings from his rich uncle Archibald. Randy supports himself by his winnings from poker machines and other forms of gambling. When he is short of cash he usually sells off a painting from his inheritance. In the past two years he has sold 10 works of art. Bettina is keen to purchase one of the paintings in Randy’s collection, but wants to have it authenticated first as a genuine work of the famous Australian artist, Norman Lindsay. Randy agrees to have this done. The expert who examines the painting is not prepared to acknowledge that it is the actual work of Norman Lindsay, but is confident that it is most likely the work of one of the Lindsays from the same artistic family. He communicates this conclusion to Randy. Before she decides to make the purchase Bettina rings up Randy on the telephone and enquires, â€Å"Are you sure that it is actually the work of Norman Lindsay? † Randy replies, â€Å"The expert is confident it is a genuine Lindsay. † Bettina purchases the painting and sometime later it is authoritatively established that it is not a genuine work by the famous Australian artist Norman Lindsay, but that of his lesserknown cousin, Larry Lindsay, who imitates Norman Lindsay’s style. Identify whether Bettina is able to obtain any remedy for misleading or deceptive conduct. S2-2012 LEGT1710 Tutorial Program Page 26 Please also consider and apply any relevant statutory provisions and any relevant decisions from any relevant cases you have studied in lectures. Problem 2: A computer company advertised computers in the newspapers and in this way sold them directly to the public. It maintained no shopfront and did not sell through any distributors. It advertised computers in the daily newspapers, but neglected to state that a delivery charge of $99 had to be paid. What sort of remedies is the court likely to order? S2-2012 LEGT1710 Tutorial Program Page 27 Week 13 3 June (Tutor Consultation Week) THIS WILL BE A REVISION CLASS: DON’T MISS IT! †¢ †¢ Come prepared to discuss the sample problem exam questions with your tutor (see sample questions uploaded on Blackboard) Bring any queries you have about any of this session’s tutorial questions S2-2012 LEGT1710 Tutorial Program Page 28 How to cite Tutorial Questions at Australian School of Business Taxation, Essay examples

Recruitment Strategy in Wal-Mart Samples †MyAssignmenthelp.com

Question: Discuss about the Recruitment Strategy in Wal-Mart. Answer: Introduction In terms of multi-national companies, recruitment process has the important role for recruiting right employees in the organization. So, the stages of recruitment and selection in those companies are much scrutinized. Recruitment process can be considered as the complete process to manage the personnel force in the organization. It is also a compl.ete cycle of the recruitment including planning, advertising, induction, selecting staff, providing training, performance appraisal and moving on. This essay is focusing on the recruitment process of the company along with some issues which can be faced by the company at the time of recruitment process. For the discussion, the famous retail company Wal-Mart has taken (Arvinen-Muondo Perkins, 2013). Wal-Mart was established in the year of 1962 and its headquarter is in Bentonville. The company is operating from more than 50 years and in 27 countries with 11,000 outlets. Wal-Mart is the popular company in the retail industry having the cost leadership strategy in the business operations. The aim of the company is to be the low-cost leader in the retail industry. The company has maintained its competitive advantage by the satellite based distribution system and skilled and experienced employees. By the effective recruitment process, Wal-Mart tries its best to reduce the various costs. From the recruitment, the aim of the company is to provide more effective services to the customers (Robbins, Campbell Judge, 2010). Wal-Mart is the famous retail company in the world which uses the most effective method of recruiting the employees and sales person in the company. Company believes in hiring the employees who will be dedicated towards their job, quality assurance, and great working a bility. So, the recruitment is done in Wal-Mart with the world class standard so that each and every employee in the company feels unique fill, challenged and able to complete day to day operations of the company. Analysis: Culture There is the hyper centralized management in the Wal-Mart because of various problems which affect the recruitment process of the company. It is found that Wal-Mart has developed authoritarian culture in its business. In such type of culture, power is centralized for operational activities and the leader is the authorized person for the decision making process. Due to this system, employees are not able to share their views and ideas related to the work conditions. Along with this, Wal-Mart is an anti-union organization in which the employees are punished by the company for violating the rules and policies. This can be the reason that the recruitment process can be affected by the various culture and diversity in the company. The authoritarian culture of the company is affecting the motivation level of the employees which has negative impact on the financial performance of the organization (Thoo, 2013). Organization image Wal-Mart has the slogan Save More, Live Better. So, it has the strong image among the customers because of the low cost products. But, it is observed that the company applying the concept with the employees also. The company has large employee base of 2.2 million in the 9,000 stores. Wal-Mart has low wages rates for the employees as compared to the competitors. Although cost cutting by managing the labor cost is the effective way in the business but Wal-Mart has not implemented this effectively. It is estimated that the annual salary of the employees in Wal-Mart is $15,500. It is the cause of dissatisfaction among the employees. Low wage rate in the company can affect the recruitment process as due to low wages, candidates can back out at the time of interview. The main purpose of the employment is to satisfy the needs of the employees in their job roles. Lower wages rates in the Wal-Mart are not enough to meet the needs of the employees in the company. The employees are satisfied in the company so it will affect the on the upcoming recruitment process (Spriggs, 2014). Ageing workforce In Wal-Mart, it is founded that there are hygiene factors including policy, procedures, working conditions, interpersonal relation and job security are absent. So, the old employees of the company are dissatisfied with the company and its procedures. It is affecting their performance and they are not able to cooperate with the innovations and technologies. It is also observed that old employees of the company are calling out for the strikes in many stores which affect the recruitment process of the company. Due to low level of motivation among the old employees, new employees can quit from their job. The disorganized workforce in the Wal-Mart is not motivated enough to motivate new employees. The poor organizational culture has dissatisfied the old employees which have also impacted on the financial performance of the company. Thus, there is the need of motivating old employees in the company so that they can do their work effectively and can motivate the new comers towards their job (Marquez, 2006). Labor supply/demand Now, the supply or demand of the labor also affects the recruitment process of the Wal-Mart. The flexibility in the labor market and the skills and demand of the labors impacts on the working practices of the company. The function of the labor market is to adjust the supply and demand of the market. The supply and demand of the labor are affected by the recession and inflation of the market which are the cause of unemployment in the companies. Along with this, low rate of wage is also the factor which impact on the supply of the labors. Wal-Mart is affected by this factor as it has low rate of wages for the working employees. Further, there is job uncertainty in the market which is the cause of instability in the supply and demand of the labors in retail industry. Apart from this, flexible timing in the market also affects recruitment process of the company and the supply and demand of the labor in the retail industry. Thus, there is the need of man aging supply and demand of the lab or for the growth of the company in future (Lopez Bonanno, 2008). Current recruitment strategy The recruitment process in Wal-Mart has world class standard in the retail industry. In the initial stage of the process, company analyzes the long term as well as short term goals of the business and identifies the legislative requirements in the jobs. In simple words, company matches the current job requirements and upcoming job requirements to create the need of recruitment policies and procedures. In the second stage of recruitment process, company advertises the job description over the wide geographical area so that the huge pool of candidates can be attracted easily. The advertisements are done by the newspapers, job portals, existing networks such as magazines, employee references, internet marketing, recruitment agency and television. The procedure of selecting the candidates from the interviewed people after matching the skills, knowledge, ability and other characteristics with the goals and need of the company. Basically, selection can be considered as the negative process within the company because the aspiring candidates are rejected in finding the appropriate match for the company (Johari Yahya, 2009). There are many screening methods which are used by the company while selecting right candidate such as resume review, scoring the interview, reference validation etc. In Wal-Mart, reference is the most crucial process to analyze the ability of the individual for the job role. Wal-Mart does the process of reference check by the mail marketing and telephone coordination. The company starts with the name, identity, address, the accuracy of commitment and the legal background to ensure the professionalism and relevance. In the process of background checking, company does employee verification. The aim is to verify the educational background and work experience of the candidates. The recruitment process of Wal-Mart is divided into two parts i.e. internal retention and external recruitment (Johansson Lichtenstein, 2011). Internal retention: The aim of Wal-Mart is to involve the people in various levels of operations. So, The Company has developed various learning programs to connect the employees with their jobs. Having more than three quarters, store managers have started hourly association. There are many training programs i.e. financial management training, team management, field management etc. Internal promotions are also very effective in this manner (Thompson, 2017). External recruitment: Wal-Mart recruits the high level managers and associates for the growth of the company. Those are important for the company because they have managerial characteristics and cultures such as penny savings. Further, the company is focused on recruiting the people who are good in the field of business management. But still, there is the issue of employee retention in the Wal-Mart as the company does not know how to keep the employees in the business for long term basis. It is easy to hire good employees for the business operations but is the most difficult task to keep them connected for the long term basis. In the recruitment process of Wal-Mart, company uses local newspaper, radio and different agents to inform the candidates about the vacancy (Nankervis, Compton Morrissey, 2009). Company also takes recommendations from the present employees. The selection process of the Wal-Mart is quite hard because the company uses the process of employee delight. Candidates give the telephonic in terview and after that they are called for the round of personal interview. In the process of hiring of Wal-Mart, candidates are required to face the group discussion in the first round and after that personal interview in the second round. There is the efficient training provided by the company to the selected employees in order to get them trained and skilled for the job role as the skilled employees work better and improve the performance of the company in the market (Klerck, 2009). Recommendations The above part of the report has discussed the issues in the Wal-Mart which affect t the recruitment process in the company. The discussion shows that the culture of the company is not effective in developing the positive work environment for the employees. In Wal-Mart, the leadership style and various organizational policies are not so much useful in motivating the present employees for improving the performance. There are some recommendations for Wal-Mart which will be helpful in addressing the recruitment issues and solving current problem. First of all, the management of the Wal-Mart should focus on the level of wages provided to the employees. The wages must be on the standard level which can satisfy the psychological needs of the employees. The salary of the employees should be improved based on the economic status of the various nations. There should be the two way communication system in the company. it will be helpful fire the employees to express their viewpoints and ideas for the growth and success. There is the need to develop the culture of the company. This will be effective to support the innovation and providing many ways of the growth opportunities. To motivate the employees and to improve their moral, there must not be gender discrimination in the company. Further, there should be reward and recognition policy in the company and that should be redesigned on time to time to encourage the employees and workforce for the excellence and growth. To attract and retain the skilled and talented workforce in the company, there should be career opportunities provided by the company to the employees (Johnason, 2009). Conclusion This report is focused on the recruitment process in the company Wal-Mart. For the above discussion, it is observed that there are some organizational issues in the Wal-Mart which affect the recruitment process of the skilled and experienced candidates. The issues are related to the low wages for the employees and lack of motivation among the old employees. So, there is the need of employee motivation and career opportunities for the employees. To cooperate with the new technology and innovations, company should provide proper training to the employees. References Arvinen-Muondo, R. Perkins, S. (2013). Organizational behaviour. London: Kogan Page Johansson, E. Lichtenstein, N. (2011). Creating Hourly Careers: A New Vision for Walmart and the Country. Retrieved on 29th May 2017 from https://www.jwj.org/wp-content/uploads/2013/12/110119creatinghourlycareers_jan2011.pdf Johari, J. Yahya, K. (2009). Linking Organizational Structure, Job Characteristics, and Job Performance Constructs: a Proposed Framework. IJBM, 4(3) Johnason, P. (2009). HRM in changing organizational contexts: Human resource management: A critical approach. pp. 19-37. London: Routledge Klerck, G. (2009). Industrial relations and human resource management: Human resource management: A critical approach pp. 238-259. London: Routledge Lopez, R. A. Bonanno, A. (2008). Wal-Marts Monopsony Power in Local Labor Markets. Retrieved on 29th May 2017 from https://ageconsearch.umn.edu/bitstream/6219/2/469304.pdf Marquez, J. (2006). More HR in Store at Wal-Mart: A QA With Sue Oliver. Retrieved on 29th May 2017 from https://www.workforce.com/section/09/feature/24/47/65/index.html Nankervis, A., Compton, R. Morrissey, B. (2009). Effective Recruitment and Selection Practices. Australia: CCH Australia Limited Robbins, S., Campbell, T. Judge, T. (2010). Organizational behaviour. Prentice Hall. Spriggs, W. (2014). Why Walmart Should Follow Gap's Lead And Raise Its Minimum Wage. Retrieved on 29th May 2017 from https://www.forbes.com/sites/beltway/2014/06/04/why-walmart-should-follow-gaps-example-and-raise-its-minimum-wage/#23887c01517a Thompson, A. (2017). Walmarts HRM: Recruitment, Selection, Employee Retention. Retrieved on 29th May 2017 from https://panmore.com/walmart-human-resource-management-recruitment-selection-employee-retention Thoo, L. (2013). International HR Assignment in Recruiting and Selecting: Challenges, Failures and Best Practices: International Journal of Human Resource Studies. 3(4)