Banking Law Case Study Example | Topics and Well Written Essays - 2500 words

Banking Law - Case Study Example The whole point of the cheque card is to make it wholly different with banks promising to pay irrespective the state of the customer's account. The person who produces a cheque card makes no representation that he is in credit with his bank. All the trader is concerned to ask is whether the customer have a cheque card, whether it matches the cheque, whether the cheque is for not more than the permissible credit limit and whether the signature on the cheque match the signature on the card. In the present case the appellant/ accused opened a bank account with the National Westminister Bank. He was allowed an overdraft of 100 pounds of one month which was latter extended for a month. The conditions were printed on the back of the cheque. The issuing bank undertakes that any cheque not exceeding 30 pounds will be honored subject to the fact that the cheque must be signed in the presence of the payee, the signature on the cheque must correspond with the specimen signature on this card, the cheque must be drawn on a bank cheque form bearing the code number shown on his card, the cheque must be drawn before the expiry date of his card, the card no. ... If these conditions are complied with the recipient need not concern himself about the drawers credit worthiness for he knows the cheque would be honored on presentment.A man who gives a cheque represents that it will be met on presentment. And if a cheque is accepted by the payee it is the belief that it will be met. And when it is supported by the bank's undertaking and all doubts in the mind of the payee as to the cheque being honored will be removed if he sees that the stipulated conditions are complied with. But by issuing a cheque book and a cheque card the bank has not authorized him to bind them by the use of the card to honor every cheque in the cheque book. It was observed that by exhibiting to the payee a cheque card containing the undertaking by the bank to honor cheques drawn in compliance with the conditions endorsed on the back, and drawing the cheque accordingly, the drawer represents to the payee that he has actual authority from the bank to make a contract with the payee on the bank's behalf that it will honor the cheque on presentation for payment. Speaking on ostensible authority on its head it was observed that if the other party has believed the representation and on the faith of that belief has acted upon it and the person represented to be his principal has so conducted him self towards that other party as to be estopped from denying the truth of the representation , then and only then, is he bound by the contract purportedly made on his behalf. The whole foundation of liability under the doctrine of ostensible authority is a representation , believed by the person to whom it is made, that the person claiming to contract as agent for a principal has the

Why do legal professionals need to understand the elements of Essay

Why do legal professionals need to understand the elements of researching both primary and secondary sources - Essay Example These primary law of each of each system came from three sources which are the laws, cases and adjudications in the courts of the United States. The example of statutes are composed of the Constitution of the United States and the law passed in Congress. Example of cases on the other hand are opinions about jurisprudence issued by courts while adjudications are administrative agency materials (University of Cornell). Secondary sources are needed because they determine what law applies to the research. In essence, secondary sources are category of legal materials that is not considered primary source or information beyond the Constitution, laws and opinions of the court. The example of secondary sources could include but not limited to legal encyclopedias, treatises, legal periodicals and practice materials (University of Cornell). They may also include scientific journals and other research. Secondary sources are helpful materials that are a â€Å"rich source of citations† to the primary

Managing IT outsourcing Essay Example | Topics and Well Written Essays - 2250 words

Managing IT outsourcing - Essay Example The following is an overview of managing the IT outsourcing relationship, which includes the business process of outsourcing, the tools and resources, understanding the cost and return on investment. Furthermore, there will be some examples of risk management and data security, as well as a look at the dimensions of relationship management and its importance.Business Process Outsourcing is best explained by Medas Company, an outsourcing management consultant. Their document, A Practical Guide to Business Process Outsourcing (2006) gives straightforward information on the actual process of Managing IT Outsourcing. The following matrix (Medas 2006) shows the services and steps in functional IT management outsourcing:Medas (2006) states that first, it is important for the manager to identify the organisation's needs as the scope of activities, the reasons for outsourcing, and how this will impact or change the business model. This includes understanding the current organisational struct ure, the IT system infrastructure including the team members functional roles and the systems that support them. Medas notes that the current volume of transactions being internally processes must be examined. Once the current functionality and organisation's objectives for outsourcing have been established, Medas states that the next step is to choose an outsourcing partner:"the Outsourcing partner's people need to fully understand the organisation's needs. ... They need to understand the systems that support the back office processes as well as having experience in managing complex systems environments, running and supporting hardware and developing systems, including web enabling. At this stage, it is also important to consider whether the Outsourcing partner can ensure network connectivity in a secure environment that permits data integration" (Medas pp 10 2006). The next step in the process of managing IT outsourcing is to agree on a commercial framework. This allows the involved parties to agree on the provisions of service, and should compromise "Details such as fixed costs, unit pricing and the level of investment could all be defined in the commercial framework" (Medas p 11 2006). Lastly, the IT manager wants to develop a transitional plan that establishes the business process and features. This includes: A review of the current systems, processes and organisational structure -identifying which systems are to be transferred (Medas p 11 2006). Definition of services to be provided (Medas p 11 2006). Agree the definition of service levels in terms of Service Level Measures (SLM) and Service Level Agreements (SLA) (Medas p 11 2006). How employees will be affected by the transition e.g. how many staff and what types of jobs will be transferred, where they will be located, how they will be dealt with in terms of motivation and ongoing training and development (Medas p 11 2006). How the process of staff transferral will be managed (TUPE) and what changes, if any, are to be made to the retained organisation - and how this will be communicated to all those involved (Medas p 11 2006). The stages of the transition - and the timeframe involved (Medas p 11 2006). Agree and finalise the contractual terms of the arrangement

Why do legal professionals need to understand the elements of Essay

Why do legal professionals need to understand the elements of researching both primary and secondary sources - Essay Example These primary law of each of each system came from three sources which are the laws, cases and adjudications in the courts of the United States. The example of statutes are composed of the Constitution of the United States and the law passed in Congress. Example of cases on the other hand are opinions about jurisprudence issued by courts while adjudications are administrative agency materials (University of Cornell). Secondary sources are needed because they determine what law applies to the research. In essence, secondary sources are category of legal materials that is not considered primary source or information beyond the Constitution, laws and opinions of the court. The example of secondary sources could include but not limited to legal encyclopedias, treatises, legal periodicals and practice materials (University of Cornell). They may also include scientific journals and other research. Secondary sources are helpful materials that are a â€Å"rich source of citations† to the primary

Health Promotion Essay Example for Free

Health Promotion Essay In today’s society, individuals do not recognize that every phase of their life is influenced by their health. People cannot accomplish their goals in society to their full advantage when they are unhealthy. In order to help the population improve their overall health, health promotion is essential. Health promotion and its objective will be discussed in this paper. In addition, it will further examine what our responsibilities are as nurses in the structure of health promotion. Furthermore, health promotion is separated into three levels: primary, secondary, and tertiary prevention, all benefitting the individual. The U.S. Public Health Service identifies health promotion as â€Å"the process of advocating health in order to enhance the probability that personal, private, and public support of positive health practices will become a societal norm† (Edelman Mandle, 2010, p. 14). In addition to offering information to patients regarding their health, health promotion incorporates supporting patients to enhance their general well-being and recognize their individual health potential (Skybo Polivka, 2007). Health promotion provides patients with the understanding of the different elements that can alter their health and inspires them to obtain control of it (Bennett, Perry, Lawrence, 2009). As well as enhancing patient outcomes, health promotion assists in reducing costs, which are consistently rising in health care (Edelman Mandle, 2010). According to Edelman Mandel, health promotion can be used on a public level, community level, or personal level (2010). For instance, on the public level, health promotion could include granting assistance or low-income housing programs by the government. The community level might incorporate Habitat for Humanity, which is a great advantage for that particular population. Lastly, the personal level would include individuals who vote to favor programs that assist the community (Hoyle, Bartee, Allensworth, 2010). Health promotion, a frequently used phrase, is especially critical to the nursing career. It encompasses many concepts that nurses encounter daily. Because education is crucial to succeed, nurses are an essential part in health promotion. Every day, nurses provide education to their patients. To assist them in maintaining and enhancing their well-being, nursing interventions benefit individuals by expanding their resources (Edelman Mandle, 2010). Since there are various settings in nursing, this is the ideal opportunity to educate individuals. With the help of nurses, healthy communities, homes, and schools can exist with proper education. Regardless of the specialty, all nurses need to educate patients on how to remain fit so they can live a longer, healthier life. Currently, collaboration occurs with an interdisciplinary team, which all assist in improving patients’ lives. Team members may include physicians, therapists, social workers, and dietitians. By working together to create a diverse educational background, this team helps patients overcome their illnesses or helps them manage the disease affecting their life (Bennett et al., 2009). Since health promotion is employed entirely across nursing, nurses are accountable for facilitating the best outcome for each individual patient. Health promotion includes three levels; primary, secondary and tertiary (Edelman Mandle, 2010). Primary prevention includes delivering strategies and education to help patients avoid illnesses (Edelman Mandle, 2010). For example, when a nurse delivers an immunization to a patient, she educates them about the potential risks of the disease and how the immunization will help prevent them from contracting the disease. In addition to the community, primary education is also applied in schools as an informative tool, to educate students about harmful diseases such as those taught in sex education classes. This offers support to students, enabling them to make informed decisions about protecting their health from such diseases. Secondary prevention is the next level of health promotion. This includes timely diagnosis of an illness and immediate therapy (Edelman Mandle, 2010). This level aids in reducing occurrences of illness and inhibiting development between patients (Bennett et al., 2009). By offering community screenings for diabetes or hypertension, nurses are applying secondary prevention. Public health screenings allow nurses to identify potential diseases at an early stage, as well as provide the patient with beneficial information to slow the progression of the illness. Lastly, the tertiary level consists of helping the patient with rehabilitation and recovery (Edelman Mandle, 2010). This stage identifies the disease and makes the patient cognizant of their health challenges. The nurse’s role in this level is to deliver education to help reduce complications. If a patient is admitted to the hospital with a stroke, physical and occupational rehabilitation may be initiated to retain the maximum stage of function and to avoid another stroke from transpiring (Skybo Polivka, 2007). The three levels of health promotion are utilized every day and positively assist patients with improving themselves. Nursing will continually incorporate health promotion and the prevention of illnesses. To help support the best outcome for all patients, it is essential that nurses adapt to change. Primary, secondary, and tertiary are the principle levels of health promotion in the nursing profession. These three levels will contribute to patients living longer, healthier lives. References Bennett, C., Perry, J., Lawrence, Z. (2009). Promoting health in primary care. Nursing Standard, 23(47), 48-56. Retrieved from http://library.gcu.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=truedb=rzhAN=2010367201site=ehost-livescope=site Edelman, C., Mandle, C. L. (2010). Health promotions throughout the life span (7th ed.). St. Louis, MO: Mosby. Hoyle, T., Bartee, R., Allensworth, D. (2010). Applying the process of health promotion in schools: A commentary. Journal Of School Health, 80(4), 163-166. doi:10.1111/j.1746-1561.2009.00483.x. Retrieved from http://library.gcu.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=truedb=rzhAN=2010582507site=ehost-livescope=site Skybo, T., Polivka, B. (2007). Health promotion model for childhood violence prevention and exposure. Journal Of Clinical Nursing, 16(1), 38-45. doi:10.1111/j.1365-2702.2006.01621.x. Retrieved from http://library.gcu.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct =truedb=rzhAN=2009481108site=ehost-livescope=site

Study About Pc Troubleshooting And Maintenance Computer Science Essay

Study About Pc Troubleshooting And Maintenance Computer Science Essay Most of the time when we start up our computers, the CPU or Central Processing Unit goes through a series of steps or procedures before the computer operating systems boots from the hard disk. These initial steps are all categorized in a system called CMOS which stands for Complementary Metal Oxide Semiconductor. This is the where the systems settings such as the system clock, hard disk status, optical drives and other settings like the CPUs clock speed, FSB and so on are all on this setting. On the other hand, the chip that stores the settings is known as the BIOS chip also known as Basic Input Output System. This holds the most basic computer instructions that are required to boot the operating system like Windows XP or Linux based operating systems such as Ubuntu. Many people always get mistaken by calling is a CMOS chip, but since the BIOS and CMOS is so tightly intertwined, they can be both referred to as one (Difference between CMOS and BIOS, Dennis Faas). In other words, the CMOS chip stores the data needed for the BIOS so that the computer may boot us properly. The battery used to store the data is a lithium button battery which is located just near the CMOS chip and the CMOS jumper. This battery hold provides power to the CMOS chip even when the power of the computer is shut off. This is necessary where the chip is volatile, means that it will lose data when there is no power unlike a hard disk which work on magnetism. What is BIOS CMOS BIOS is commonly known as Basic Input/Output System. It is practically the lowest level processor that stands in between the hardware like the chipset and the processor with the operating system that is installed in a hard disk. The BIOS gives full access to the hardware components to allow a creation of high level operating systems such as Windows XP, Windows 7, Macintosh as well as Linux based operating systems. Moreover, the BIOS is also responsible over the behaviour of the hardware, such as the processors clock speed, the Front Side Bus or known as FSB, system clock, and many other vital hardware settings which is required to load or configured before the operating system loads into the Random Access Memory or RAM (System BIOS, Charles M. Kozierok, 2001). For a computer to operate, all the components must be given specific instructions on how and what they are suppose to do. Usually, that is where the BIOS come into play. The BIOS has a special software in which it runs preliminary codes or instructions which is preset into the ROM chip or Read Only Memory chip that is executed to load the operating system from the hard disk into the RAM for the computer to further execute more complicated commands and instructions so that it would be easier for the processor to communicate with the RAM in terms of instruction execution and access (The BIOS Program, Charles M. Kozierok, 2001). One of the most basic operations of the BIOS is the POST (Power On Self Test). This part is done to make sure that all of the components in the computer such as the motherboard, hard disks, optical drives, graphics adapter card and other components are working and they are detected throughout the system. Figure 1: BIOS that uses flash memory CMOS or Complementary Metal Oxide Semiconductor is low in power consumption and has low heat production rate technology that is used in contemporary microchips and it is commonly known as a small battery powered configuration chip where the BIOS stores the time, date and the system configuration settings (What is CMOS?, 2010). The main composition of this chip is made from silicon and germanium which in a way conducts electricity. These materials are then doped where impurities are added to transform it into a fully scaled transistor, either of extra negative charged (N-type) or positively charged (P-type). CMOS on the other hand uses both kinds of transistors in a complementary way to create a current gate where it makes an electrical control present. They practically use no power at all but this in another way, it makes it heat up fast where this sets a major limit to the speed where a microprocessor can operate (CMOS, 2005). The CMOS has a software which is a setup that is included in the creation of the chip. This setup is very vital for system configuration such as the frequency and voltage control of the components, the system date and time and the POST settings as well as the boot priority settings for the operating system to load. Figure 2: Examples of CMOS setup software interface Types of BIOS CMOS Now we know that BIOS is mainly the system where as the CMOS is the chip that contains a software that runs the BIOS. BIOSes were programmed initially into ROMs or PROMs (Programmable Read Only Memory) CMOS chips, where it only stored a very limited amount of data of the system configuration. Extensibility of the BIOS is limited to the capacity of the CMOS chip hence many years later BIOSes became more better when they introduce a new kind technology known as EPROM (Erasable Programmable Read Only Memory) and EEPROM (Electronically Erasable Programmable Read Only Memory). Though EPROMs are eraser in a very different manner where the chip has to be exposed to UV light which passes through a small glass window on the chip, in order to clear all the memory cells. The chip has a small window that allows the intake of UV light upon erasing the data instructions in the CMOS chip (How to erase and program an EPROM, 2003). Figure 3: DIP type ROM CMOS chip Figure 4: PLCC type PROM CMOS chip The CMOS chip on the other hand has 2 commonly used types, categorized by their packages, PLCC and DIP. PLCC stands for Plastic Leaded Chip Carrier which is a four sided chip carrier with a J lead and pin spacings of 1.27mm. The lead count or legs usually range from 20 to 84 (Minges, Merrill L. (1989). Electronic Materials Handbook). DIP stands for Dual Inline Package which consists of two parallel sided electrical connecting pins connected to a rectangular housing. Both types of packages for the CMOS chip is fixed at 32 pins, since the CMOS settings only need to transfer about 32 bits across the board. Like mentioned in the introduction, the BIOS or the CMOS chip is powered by a battery that is used to store the settings and instructions intact even after the power is turned off. Below are the several types of batteries the CMOS chip uses (CMOS Battery, 2010): Figure 5: 3V Lithium Button Cell Battery Figure 6: 4.5V Alkaline Battery Figure 7: 3.6V Nickel-Cadmium Battery (Solder Connectors) Current Technologies and Models for BIOS CMOS In todays market, the current technology used in BIOS and CMOS is the PLCC type, EEPROM CMOS chip and powered by a 3V Lithium Battery Cell. The CMOS setup for the BIOS include two major companies which are American Megatrends and Phoenix BIOS. There are also other types setups which are configured by the computer manufacturer such as Dell, Acer, HP Compaq and many more. The BIOS on the other hand provides extra facilities in terms of the configurability of the onboard devices like the embedded audio, the processors voltage, FSB, Multiplier, RAM voltage, hard disk boot sequence and many more. Below are some examples of the CMOS setup screens in configuration mode for different types of setup: Figure 8: CMOS setup main page for AWARD Software. Figure 9: CPU Configuration settings Figure 10: Boot Sequence settings BIOS CMOS Failures and Solutions Like the RAMs and hard disks, the BIOS and CMOS chip can also have error and failures. There are three types of virus invasion that can affect the BIOS system: CIH Black Hat 2006 Persistent BIOS Infection CIH was the first virus that was able to erase the content on a Flash ROM BIOS. It was also given the nickname as Chernobyl Virus The extent of the virus lead to the ejection of the CMOS chip from the motherboard and sent for reprogramming for it has also distorted its basic functionality. Black Hat 2006 is a virus that is capable to elevate privileges and read physical memory, using malicious procedures that replaced normal ACPI functions stored in flash memory. Persistent BIOS Infection work as an insertion of malicious code into the decompression routines in the BIOS, allowing for nearly full control of the PC at every start-up, even before the operating system is booted. The proof of the concept does not exploit a flaw in the BIOS implementation, but only involves the normal BIOS flashing procedures. Thus, it requires physical access to the machine or for the user on the operating system to be root (Researchers unveil persistent BIOS attack methods, 2009). Solutions to overcome these kinds of virus usually required either reprogramming of the CMOS chip or just an upgrade of the CMOS firmware. To reset all the data in the BIOS via the CMOS chip are usually done as follows: Turn off all power and disconnect all wires from the PC Open the CPU casing to reveal the motherboard Find the jumper pins that is used to clear the CMOS settings or a small button near the CMOS chip Short the jumper pins by moving the connector from 1-2 to 2-3 position to clear the settings and remove the system battery. Else, press the button for 8 seconds. After this is done, move the jumper connector back to its original position 1-2 and then place the system battery back in its place. Place the cover back and connect all the wires and turn on the power Once the computer loads and pass the POST test, the BIOS will prompt to enter CMOS settings to set it back again. After the settings are set, save the settings and exit the menu so the computer can restart and load the operating system. Conclusion In conclusion, the BIOS is the most system for a computer to boot and load settings for the all the hardware components. The CMOS chip is a requirement for it is the component that stores the instructions of the BIOS into the setup. Without this, the computer would not know how to load the operating system or identify the existence of any hardware components.

Performance Analysis of Littleton Manufacturing Essay -- Business Anal

Performance Analysis of Littleton Manufacturing   Ã‚  Ã‚  Ã‚  Ã‚  Littleton Manufacturing facilitates poor upward and downward communication throughout all levels of the organization.   Ã‚  Ã‚  Ã‚  Ã‚  As a result of the ineffective communication system, Littleton faces a number of issues which ultimately has affected the bottom line of the company. Key challenges to note are low employee morale, low level of unity within the organization, poorly designed organizational structure and confusion in interpreting procedures and rules. Improving the accuracy and speed of the flow of communication should be an important first step in the resolution of the presented issues, thus allowing the organization to function more effectively and efficiently.   Ã‚  Ã‚  Ã‚  Ã‚  The importance of organizations and their reasons for existence are outlined in Exhibit 1. Littleton currently is performing poorly across all of these factors, decreasing their importance and contribution towards society. Littleton is categorized as a large-batch, mass production manufacturing system (Daft, 246). Based on this, Littleton should be, but aren ¡Ã‚ ¯t carrying out properly, a mechanistic organizational structure with standardized jobs and formalized procedures to ensure efficiency (Daft, 248). Top management seems to be aware of this point, but they are not communicating the rationale and need for a mechanistic structure to the rest of the organization. Littleton ¡Ã‚ ¯s two units (fabrication and components) serve different domains and therefore  ¡Ã‚ °have different performance and accountability needs ¡Ã‚ ±. Although these two units obviously require different structures, they are viewed and treated as one by management and employees, which causes communication barriers through inconsistencies in management style and rule implementation.   Ã‚  Ã‚  Ã‚  Ã‚  All three symptoms of structural deficiency are present at Littleton. There is delay and lack of quality in decision making. Information linkages in either the vertical or horizontal direction may be inadequate to ensure decision quality (Daft, 120). The organization does not respond innovatively to a changing environment, this is caused by the fact that departments are not coordinated horizontally (Daft, 120). Also, too much conflict is evident. Organization structure has to specify a single set of goals for the entire organization (Daft, 120). Littleton seems to have a lack of st... ...a are further clarified in appendix 2. ?6 ¦1  Ã‚  Ã‚  Ã‚  Ã‚  Enhance both upward and downward communication across all levels of the organization ?6 ¦1  Ã‚  Ã‚  Ã‚  Ã‚  Improve management effectiveness ?6 ¦1  Ã‚  Ã‚  Ã‚  Ã‚  Help improve employee morale ?6 ¦1  Ã‚  Ã‚  Ã‚  Ã‚  Feasible in regards to cost ?6 ¦1  Ã‚  Ã‚  Ã‚  Ã‚  Be timely and enable Littleton to adapt to changes quickly. The following alternatives were generated for Winslow to consider implementing: 1.  Ã‚  Ã‚  Ã‚  Ã‚  Sell off either the Fabrications of Components part of Littleton. 2.  Ã‚  Ã‚  Ã‚  Ã‚  Redesign the organizational structure emphasizing an effective and efficient communication process. 3.  Ã‚  Ã‚  Ã‚  Ã‚  Initiate job rotation/cross training between departments. 4.  Ã‚  Ã‚  Ã‚  Ã‚  Continue to function as it currently is. Exhibit 1 (Daft, 13) Organizations exist to do the following 1.  Ã‚  Ã‚  Ã‚  Ã‚  Bring together resources to achieve desired goals and outcomes 2.  Ã‚  Ã‚  Ã‚  Ã‚  Produce goods and services efficiently 3.  Ã‚  Ã‚  Ã‚  Ã‚  Facilitate innovation 4.  Ã‚  Ã‚  Ã‚  Ã‚  Use modern manufacturing and information technologies 5.  Ã‚  Ã‚  Ã‚  Ã‚  Adapt to and influence a changing environment 6.  Ã‚  Ã‚  Ã‚  Ã‚  Create value for owners, customers, and employees 7.  Ã‚  Ã‚  Ã‚  Ã‚  Accommodate ongoing challenges of diversity, ethics, and the motivation and coordination of employees