Discretion Of Lower Courts Example

Essays on Discretion Of Lower Courts Coursework Discretion of Lower Courts al Affiliation) Activities that Permit the Lower Courts to Implement Decisions Legally, the lower court has the mandate or the authority to interpret decisions of the Higher Court: In this case, some important policies are usually made by the Higher or Appellate Courts, and such decisions are constitutionally interpreted by lower courts. The interpretation of decisions made by the higher court in the lower courts depend on various issues i.e. a judge’s personal perspective regarding the policy (iipdigital.usembassy.gov). Additionally the permission of lower courts to make decisions stems from the structure of the United States’ Judicial System. The US Judiciary system is characterized by individualism, decentralization as well as independence, thus most judges tend to make decisions without fear of impeachment, provided they keep their electorate satisfied by their services (www.iwenger.com). On the other hand, the activities undertaken in the lower courts are usually permitted by the mode of communicating a policy by the Higher or Supreme Courts (www.iwenger.com). That is, when an appeal is made on a lower court, the higher court takes the initiative of informing the lower courts and other courts regarding the decisions through various modes of communication such as: Printed copies and the internet where the judges can acquire the information. Remedies Applied by Public to Influence Decisions that are Yet to be Made by Lower CourtsOne of the remedies that the general public may utilize to facilitate decision making that a judge from a lower court has yet to implement, is to make an appeal for a decision to be made by a higher court. This remedy relies on the available legal structures that permit such decisions to either be made at the higher courts or the lowers courts, thus the general public has to take this into consideration. Secondly, the general public may undertake advocacy campaigns, requesting for fair judgmen t and appropriate decision making processes in a manner that the general public’s needs are met. Advocacy campaigns are considered appropriate strategies that have been applied to advocate for rights and fairness. This can be applied in lower courts especially if the decisions to be made by the lower courts have an impact of the general public. ReferencesIIP Digital | U.S. Department of State. (2008, May 14). Retrieved December 3, 2014, from http://iipdigital.usembassy.gov/st/english/publication/2008/05/20080522225408eaifas0.2850305.html#axzz3KmcW21oG chapter 14 Top of FormBottom of FormWenger - Impact of Judicial Policies. (n.d.). Retrieved December 3, 2014, from http://www.iwenger.com/impact_of_judicial_policies

Use The Convolution Of Kernel Matrixes Operating Room By...

Andrei Marroquin Use the Convolution of Kernel Matrixes in the Operating Room by using Medical Imaging Techniques. Abstract Medical imaging is an essential aspect in several fields of biomedical engineering, biomedical research and also in clinical practice especially in Operating Rooms and Emergency Rooms. The analysis of all these imaging techniques (MRI, CT scans, PET, X-Rays) generally requires computerized quantification and advance visualization tools. All the images that are obtained from diverse techniques carry useful medical, and physiological information that can be used by physicians for diagnosis or treating a particular disease or just for check ups. The aim of this project is to design a MATLAB program that†¦show more content†¦In fact, medical imaging made it possible to identify diverse abnormalities in humans. These images can be obtained from Computed Tomography (CT), Magnetic Resonance Imaging (MRI), X-Rays, Ultrasound, positron emission tomography (PET), etc. Analyzing these images usually requires special programs and a user to run the software. All the images that are obtai ned, using different techniques, contain important and useful information for the physician to make a decision. MRIs are widely used by physicians and researchers due to their advantages over other medical imaging techniques. Raymond Vahan Damadian created the MRI machine in 1977 after the discovery of the X-Ray, which was the first technique used to observe denser tissues such as bones [1]. In the case of the MRI, it uses the alignment of the hydrogen atom, and since human bodies are mostly composed of water this was a suitable approach. A powerful superconducting solenoid that produces a strong magnetic field makes the hydrogen atoms point in the direction of the magnet. Once this point is reached, pulses of radio frequency are emitted by antennas that excite the nuclear spin energy transition and an image is formed [1]. Since MRI is a non-invasive procedure (MRI does not use any ionizing radiation like X-Rays) and the resulting images are produced in a high resolution, it is preferable to work with DICOM images from MRI. In

Director Responsibilities of HIH Samples for Students †MyAssignmenthe

Question: Discuss about the Law Director Responsibilities of HIH. Answer: Introduction Directors in a company carry certain responsibilities towards the company, and they should do the same to the best of their talent and knowledge. In the given case study, Adler was one of the main directors of HIH who acted on behalf c and took important decisions with regard to the company, He made of his dominant position in the company ,for his own personal interest and there we san abuse of power involved in the total case. Adler was held guilty was his actions and was made to pay specific amount of liability, the details of the a case with regards to the provisions of the section of the corporations Act are discussed here under. Light is thrown on how the important sections are breached by the director and what steps can be taken by the management to stop the same. This case is unique in many ways, and it shows how bad corporate governance can cause effect to the company in more than many ways. (Viven-Wilksch, J., 2015) Case Study The directors are the pillar of success of any company; they are required to take important decisions for the benefit of the company. In the given case Adler does not perform his duties , he agrees to sanction a loan to the tune of amount of dollar ten billion and also used some part of the same to buy shares to secure his own shareholding In this ways he caused the breach of his duties with which he was entrusted by the management. It is stated that the members should not indulge into any activities that would be detrimental to the affairs of the company, and should keep their personal interests away, while entering into any transactions on behalf of the company. In the given case, the main culprit was Mr. Rodney Adler, who held a very important position in the company; he was the substantial shareholder and also the non- executive director of HHI and also an officer of HHIC. AS per the rulings of the court, Adler has caused a lot of his duties as the director the company, under the sections 180, 181,182 and 183 of the corporation law. (Middleton, T., 2008) As per thecorporation law, under the specific section 180,181,182, and 183, a director of any company is required to certain duties that mainly are- As per section 180(1) a director is required to act in good faith and discharge his duties by applying proper due diligence in his work. As per the relevant provisions of the corporation act , every person is required to act by applying the best of his judgement while taking important decisions with regard to the company, as they were the director of the company or any officer acting in the same capacity. In case of ASIC v Adler, if any director would have acted diligently, he wouldnt have allowed the loan of amount of rupees $10 million, in order to procure some of the shares of HIH. Also it was stated that Alder dint did enough care to make endurance that HIHC was properly safeguarded. In fact he indulged in fraudulent practices to support his personal intentions of securing his own shareholding in the company. More than dollar four million was used to acquire unlisted shares, mostly if we see these companies had a poor standing and there was no safety of the investment that was ma de in them. As per section 180(2), of the Corporation Act, a business made by the director, will only be considered to be protected , overlooking the points of care and due diligence, if the following points hold true mainly that he exercised that judgement in his good faith, that there was no personal interest involved and that the judgement was carried in the best interest of the company. The main reason that this section was implemented to make the directors less risk averse because they feel protected that this section will eventually protect them. Alder brought up this section to protect him, stating that he took the decision of the loan to the best of his judgement, but the court over ruled the same, because the same can be applied, when the company doesnt suffer any losses because of the decisions of the director. In the given case the company faces losses, and thus it can be sad that the director dint act in good faith by applying proper care and due diligence.( Farrar, J.H., 2003) As per Section 181(1) of the Corporation Act a director must be hones t in all the work done by him for the company, honesty is the most important criteria for any director. In the given case we see that Adler used some of the loan that was given to purchase shares to secure his own shareholding, he was not honest in his work, and there was personal interest involved in his actions. This was contravention of the section 181(1). Adler also contravened the provisions related to the related party transactions under the section 208 an d209 and financial assistance section 260A- 260D UNDER THE Corporations Act. Hence all these led to a conflict between the personal motive of interest of Adler and the overall gain of the company; hence the director acted against the provisions and was dishonest in his work. (Pearce, J., 2010.) As per Section 181(1)(b0, a director must act with a proper purpose will doing his duties, There should be a proper purpose also the intention to act in good faith , both synced together are the best for any company. Adler acted with improper purpose, because he wanted to make gain by using the sum of loan money to buy shares in the HIH Company. His intention was to benefit himself at the cost of the company; hence the purpose was not proper.( Adams, M.A., 2005) As per section 182(1), a director shouldnt make improper use of his position; he is entrusted with substantial duties with relation to the company, which doesnt mean he can make improper use of the position of the company, for his own good. In the given case, Adler made use of his dominant position, by sanctioning the loan and using a part of the same to buy certain shares in the company. (James, N., 2008) As per section260A, that is in regard with the financial assistance that is provided by any company to some other company. The act forbids any company to give financial assistance to any company in which the director is holding some shares. There are few conditions which when satisfied can approve such aid, which namely are that the assistance must be provided in good terms, the creditors must be paid their dues before providing such assistance, and the terms of such loan should not be detrimental to the health of the company . in the given case we see that Adler who had controlling rights in the shares of PEE, contravened the provisions of this section by providing assistance to PEE through HIHC, a subsidiary of HIH, which is also a company controlled by Adler. This loan which was given to PEE was used to buy the shares of HIH from the stock market. It gave a false impression to the investors about the credibility of the company and the overall position of the company i the stock ma rket. The main behind such action was to increase the overall holding of the HIH share price in benefit of Alder Corporation Limited as substantial shareholding in HIH, making easy profit was not the sole motive behind such transactions and the company agreed to the same later on. In this ways these were the various sections that were contravened by alder in his capacity as the director of the company. (Adams, M.A., 2003) As a result of the following conventions, Adler suffered a lot; he had to pay a lot of penalties. If any director breaches any section under the corporation act he will be liable to the following - criminal offences will be liable to an overall imprisonment of more than five years, fine up to dollar two lakh or both. Also if any director makes use of his dominant position, he may be expelled from his work and wont be allowed to act as a director any further. In case of Alder since he breached his position, he would be liable to some fines and would be removed from his work for a period of twenty years. The court ordered Alder to pay penalty of dollar $450,000, and his corporation was required to pay an overall fine of $7,986,402 to HIHC. (Hargrove, A., 2009) Through this case study we can learn that the management of accompany in Australia as per the provisions of the Corporation Act must be done by the directors in good faith and in the best of their ability. The directors should abstain from breaching any of the sections else they would have to pay the required amount of penalty. The act has stated down various provisions with regard to related party transactions, financial assistance and other factors and the directors must see that they take all the important decision based on the same. It indicates lesson that anyone who is managing any company, should not involve their personal interest that they enter in behalf of the company. The profit of the company should be the first and foremost criteria and every director should try to maximise the same. The moment there is involvement of personal interest it will lead to criminal charges on part of the director, because they are hampering the company for their own good. The director should also try to take decision based on a proper purpose, they should see that these decisions are detrimental neither to the shareholders nor to the investors; none of their actions should give nay false impression to the investors regarding the position of the company financially. If on any point they feel that they need to take certain decision which may not gee in right in the eye of lame but that will virtually be bifacial for the company and their intention behind the same is not wrong they should go with the same. The main crux is that to manage the company your own interest needs to be sacrificed so that the company can gain. The company matters more than what you want for your own self. And all the provisions of the corporation act must be followed by the company as and what is stated by all the law, none of the actions must be beyond that, else the directors will be held personally liable. That is the main crux of the corporate governance. Every director should try to abide by the same.( du Plisses, J.J., 2003) Conclusion From this case of Alder vs. A ISC we see that whenever there are selfish motives on part of a director in his actions that he does for the benefit of the company initially that company would always suffer because the director is the flag bearer of the company, if the director doesnt act in good faith then the company will never progress. For the overall growth it is important that the directors follow all the provisions of the sections of the corporation act and does not breach them. They should be good in their approach towards their work and the base should be honesty in all that they do. This is the main crux of this case. It is a classy example of how corporate governance gone wrong can affect the overall growth of the company and also the directors who may be penalised for life for indulging such activities. (Hill, J.G., 2005) References: Reverberations after the HIH and other recent Australian corporate collapses: the role of ASIC.Australian journal of corporate law,15, pp.225-245. Regulatory responses to global corporate scandals.Wis. Int'l LJ,23, p.367. Company Secretary: Directors' and Officers' Statutory Duty of Care Following James Hardier.Keeping good companies,61(10), p.586. Are all directors created equal?: reassessing the role of the chair in the light of ASIC v Rich.Keeping good companies,55(4), p.204. Distracting the masses: Corporate convictions and the legitimisation of neo-liberalism.Macquarie LJ,8, p.179. Officers' duties under the microscope.Keeping good companies,57(9), p.516. Directors' duties of care, skill and diligence in Vietnam Corporate governance and the judges.Bond L. Rev.,15, phi. ASIC Corporate Investigations and Hearings: update 39. Thomson Reuters. The adventures of good faith: can legal history and international developments provide guidelines for Australia?.Alternative Law Journal,40(2), pp.89-92.

The Last Supper by Leonardo Da Vinci Essay Example For Students

The Last Supper by Leonardo Da Vinci Essay The renaissance marked a point in time in which it was the most advanced society had ever been. The renaissance sparked a revolution in art. Artwork became more realistic. Although religious topics continued to be a dominant subject matter, artists used linear perspective, greater facial expressions, and three-dimensional techniques to make paintings more realistic. The Last Supper by Leonardo Ad Vinci, created during the Renaissance, exhibits many of those values from that period, including the portrayal of religious subjects and the use of a realistic style and respective. Leonardo was born on April 15, 1452 in Vinci, Italy (Louvre). Leonardo father was 25 and his name was San Piper and his mother was a peasant named Catering. After Leonardo birth, his father took custody and his mother went on and married someone else. Leonardo had ended up with a total of 17 half brothers and sisters (Leonardo Ad Vinci Paintings). He had access to many scholarly texts while growing up. He also grew up amidst Vines long tradition of art (Renaissance). At the age of 15, Leonardo became an apprentice at Andrea del Overreach in Florence. We will write a custom essay on The Last Supper by Leonardo Da Vinci specifically for you for only $16.38 $13.9/page Order now Even though he was an apprentice, he was better than his master. In 1477, he left his apprenticeship and opened his own shop(Renaissance). Looking to make some money, he entered the service of the Duke Ludicrous Sports and duchess Beatrice detest of Milan in 1482. He spent 17 years in their service, painting, sculpting, and designing weapons, buildings, and machinery. During those years his artistic and scientific achievements peaked. While in the service of the Duke and the Duchess, he studied nature, aviation, thematic, and engineering, including designing the churches and fortresses. He also designed weapons, including tanks and submarines. In addition, he studied anatomy, producing many sketches of the human form. He was interested in so many things, that he usually didnt finish what he started. One exception to this is The Last Supper (Renaissance). In 1495, the Duke commissioned him to paint The Last Supper (Leonardo Ad Vines Life). The painting is fairly big, measuring about xx Ft. It is a mural, which meaner it was painted directly on a wall. This mural was painted on a dining hall in a monastery in Milan, Italy (Louvre). He drew upon his skills as an inventor and decided to paint it on a dry wall rather than on wet plaster. This meaner that the painting is not a true fresco. A fresco requires the artist to work on the painting continuously until it is done. He instead used geese to seal the wall to give him more time to work on the project and not have to do so continuously. He preserved the painting with tempera, but his method did not work well. The painting began deteriorating soon after it was completed (Louvre). The painting, which took Leonardo three years to complete, represents the scene of Jesus last supper with his apostles as described in the Bible. At the supper, he told his apostles that one of them would betray him. The faces of the individuals in the painting exhibit their realistic emotions in response to this announcement. Each of the apostles react differently. Some were surprised and some look upset. The first group on the left consists of Bartholomew, James and Andrew. They are all surprised. The next group includes Judas, Simon, and John. In one hand Judas is holding the bag f silver that he received for betraying Jesus and in his other hand, he is reaching for a piece of bread which represents Chrisms body in the Bible. In the Bible Jesus said that the first man to share bread with him would betray him. Simon is holding a knife which foreshadows the incident when he chopped of a mans ear defending Jesus. John the one that looks like a women, appears to be fainting. The third group is made up of Thomas, James, and Phillip who all appear shocked. .u9be4774b2e8bf16add7e25fb255d8296 , .u9be4774b2e8bf16add7e25fb255d8296 .postImageUrl , .u9be4774b2e8bf16add7e25fb255d8296 .centered-text-area { min-height: 80px; position: relative; } .u9be4774b2e8bf16add7e25fb255d8296 , .u9be4774b2e8bf16add7e25fb255d8296:hover , .u9be4774b2e8bf16add7e25fb255d8296:visited , .u9be4774b2e8bf16add7e25fb255d8296:active { border:0!important; } .u9be4774b2e8bf16add7e25fb255d8296 .clearfix:after { content: ""; display: table; clear: both; } .u9be4774b2e8bf16add7e25fb255d8296 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u9be4774b2e8bf16add7e25fb255d8296:active , .u9be4774b2e8bf16add7e25fb255d8296:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u9be4774b2e8bf16add7e25fb255d8296 .centered-text-area { width: 100%; position: relative ; } .u9be4774b2e8bf16add7e25fb255d8296 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u9be4774b2e8bf16add7e25fb255d8296 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u9be4774b2e8bf16add7e25fb255d8296 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u9be4774b2e8bf16add7e25fb255d8296:hover .ctaButton { background-color: #34495E!important; } .u9be4774b2e8bf16add7e25fb255d8296 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u9be4774b2e8bf16add7e25fb255d8296 .u9be4774b2e8bf16add7e25fb255d8296-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u9be4774b2e8bf16add7e25fb255d8296:after { content: ""; display: block; clear: both; } READ: Leonardo Pisano EssayThe fourth group consists of Matthew, Jude, and Simon who seem to be discussing the matter. The Last Supper uses perspective for a three-dimensional effect. Leonardo used one point perspective. This perspective involves all parallel lines converging in one place called the vanishing point. This method makes the picture proportional and places emphasis on the object at the vanishing point(Rival 2). Jesus face is at the center of the vanishing point representing his importance. Additionally, the painting uses balance, grouping the apostles in four equal groups of three with Jesus in the middle. There were also three windows. Three represents the holy trinity (Leonardo Ad Vines Life). Leonardo representation of The Last Supper differed from earlier portrayals of the meal in a number of ways. Earlier depictions did not include Judas in the group. He was always off to the side. In Leonardo version, he is including in the group, but placed in a shadow. Earlier paintings also put halos around the apostles heads, but Leonardo chose to make it more realistic and left the halos off. Finally, the perspective of Leonardo version improved on the odd looking perspectives used in earlier paintings such as the painting by Disco in which it looks as if the table is on its side. Leonardo The Last Supper is a good example of a Renaissance piece of art because it shows many Renaissance values like portrayal of religious subjects and the use of a realistic style and perspective. The painting is three-dimensional and the figures show realistic emotions. All the subtle secrets you can see in the painting are very fascinating. The Renaissance has been one of the most interesting and smartest times in mankind.