Thursday, June 4, 2020

Prenuptial Marital Agreements - Free Essay Example

This essay highlights the aspect of prenuptial marital agreements. A pre-nuptial agreement is an contract made by a couple before they get married or enter into a civil partnership, which assorts how they desire their assets to be shared if they should divorce or have their civil partnership dissolved. Such agreements are divided into three categories. First are the Pre-nuptial agreements which are made before marriage. Second are the post-nuptial agreements which are similar to pre-nuptial agreements but would be prepared after marriage or civil partnership. Lastly, we have the separation agreements and these are made after separation and in expectation of a forthcoming divorce or dissolution. This piece aims to review how the law has adopted changes over the time period. It will analyse the developments and any recommendations that can be pondered over will be discussed. Pre-nuptial agreements are legally binding in numerous countries including the United States of America and Australia. However, they are not automatically enforceable in courts in England and Wales. In a landmark ruling in the case of Radmacher v Granatino the Supreme Court said à ¢Ã¢â€š ¬Ã…“that courts should give effect to a pre-nuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless in the circumst ances prevailing it would not be fair to hold the parties to their agreementà ¢Ã¢â€š ¬Ã‚ .[1] The essay revolves around this case and leading scenarios. A couple may decide between themselves how to split their possessions on divorce. They will often seek legal advice and the awareness that courts will more or less make the same decision if the matter was to be presented in front of them. Their contract will be then approved by court. When this is not possible such as where dispute between parties arise, an application for ancillary relief will be decided by the court. Financial provision might be granted to either party to the marriage, subject to the facts of the individual case as every case has different circumstances. According to the section 25 of the Matrimonial Causes Act 1973, the court has very extensive discretion concerning the division of assets on divorce however the court must acknowledge all the related circumstances of the case, importance should be given to the welfare of a minor which is of any child of the family who has not reached the age of eighteen. The court must also deliberate whether it is likely to make a à ¢Ã¢â€š ¬Ã…“clean breakà ¢Ã¢â€š ¬Ã‚ .[2] Similarly in the case of a civil partnership, The Civil Partnership Act 2004 s.5 (5) sets out related requirements in relation to financial provision applications on dissolution of a civil partnership.[3] The essay will tend to look at the law before the impact of Radmacher v Granatino. The courts have believed what could be labelled as a paternal attitude to the granting of ancillary relief ondivorce. Inthe past case of Hyman v Hyman(1929) Lord Buckmaster said that à ¢Ã¢â€š ¬Ã…“The Wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s right to maintenance is something she cannot barter away.à ¢Ã¢â€š ¬Ã‚ [4] Courts have given a lot of importance to its jurisdiction. The impression that the court is the wise one is still mostly leading. Even in the Radmacher case it is specified that à ¢Ã¢â€š ¬Ã …“the parties cannot by agreement, oust the jurisdiction of the court.à ¢Ã¢â€š ¬Ã‚ [5] It was protected in statute first by the Maintenance Agreements act of 1952 and then combined by the Matrimonial Causes Act 1973 which assists the judge to consider the related circumstances of the case. However, there have been amendments to how the appropriate circumstances can be measured. In the case ofEdgar v Edgar[6]it was acknowledged thatseparation agreementswould generally be given weight. More recently it had been decided that post-nuptial agreements should also be given weight if they were fair and just. This idea was lately supported by the Privy Council inMacleod v Macleod. However, pre-nuptial agreements have been constantly viewed as outside these relevant issues. The requirements for dividing assets are located in second part of the Matrimonial Causes Act 1973. The court has a very extensive discretion as to what commands to make on an application for ancillary relief. Yet t here is a definite pressure between the strategy of hopeful settlement and the outdated view that the state has an important concern in safeguarding that any settlement is just and reasonable considering the welfares of both parties involved. The revolutionary case on division of marital assets on divorce is White v White in which the House of Lords gave a breakthrough conclusion and said that in great valued asset cases the law has been incorrectly interpreted by the Courts for the previous thirty years. Previously a wife was limited to seeking her fundamental needs such as a house or some maintenance costs labelling to be awarded according to reasonable requirements. Now the approach has taken a different road. There is no difference between the husband and wife and the idea of equality prevails between the breadwinners and the homemakers. Focusing on the statements of equality, The Courts must deliberate carefully over section 25 of the MCA 1973 feature and fairness must be the m ain objective of the Court. When reached on a conclusion, the result must be measured against the yardstick of equal division. Failure in these steps can violate the issue of fairness. Ità ¢Ã¢â€š ¬Ã¢â€ž ¢s quite clear that mainly these cases and scenarios are only from high net worth couples. However, the main priority is the care of a minor. The beginnings concerns the welfare of a minor child of the family as the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s first attention, secondly the need to accomplish a fair conclusion. This idea was also supported in Miller v Miller[7] and McFarlane v Macfarlane[8]. The idea of equal Davison of assets kept lingering for some time until Radmacher v Granatino. Prenuptial agreements got a real acknowledgment after this case. InCrossley v Crossley[9] Thorpe LJ stated that, à ¢Ã¢â€š ¬Ã…“based on the particular facts of that case, the pre-nuptial agreement was a factor of magnetic importanceà ¢Ã¢â€š ¬Ã‚ . Other factors that should be satisfied in this case were that weight should be given to a PMA only if there Full frank disclosure of all the assets between parties, the issue of Equality of bargaining power, Each party had independent legal advice regarding the terms and the Terms were fair. Just as each party has a responsibility to make full revelation of all material realities to the court hearing an ancillary relief application, each party has a duty to make full and frank revelation of all material facts to the other party throughout discussions which can result in a consent order. This was explained in the case of Livesey v Livesey[10]. Radmacher was the first time when this matter appeared before the Supreme Court. There is one thing quite important that if the facts of the case continue to be of vital importance to the decision of the court regarding pre-nuptial agreements then it seems practical that the facts of the Radmacher case must be obviously displayed in order to clarify the decision of the court. The ruling of thi s case has a great impact on the reform of law which will be discussed further. The importance of this can be sensed from the statement ofJane Keir, law firm Kingsley Napley LLP, said: Qualifying nuptial agreements should be enforceable whilst limiting a judges discretion over any change to the intended outcome. Never before has English law gone quite so far. We urge parliament not to miss this opportunity to allow couples greater certainty and pre-agreed financial control should their relationship disintegrate. The Labour Government printed a consultation paper in 1998 called Supporting families[11], which measured the useful steps which can be acquired to support families. The paper recognized that couples might be disheartened from making pre-nuptial agreements because there was no obligation for the courts to take any account of such agreements in determining how to divide property on divorce. One of the suggestions being deliberated at that period was to see that is it a goo d idea to make a written pre-nuptial agreement about the distribution of money and property legally binding. Previously, pre-nuptial contracts were unenforceable as being in contradiction of public policy as it was measured that they might weaken the organization of marriage and attempt to restraint the discretion of the courts to grant property on divorce. In F v F, Thorpe J set the very inadequate worth of pre-nuptial agreements: à ¢Ã¢â€š ¬Ã…“The rights and responsibilities of those whose financial affairs are regulated by statute cannot be much influenced by contractual terms which were devised for the control and limitation of standards that are intended to be of universal application throughout our societyà ¢Ã¢â€š ¬Ã‚ .[12] It can be seen that recently courts have been ready to assign weight to a pre-nuptial arrangement as one of the applicable conditions to be taken into consideration in working out their discretion under section 25 of the Matrimonial Causes Act 1973. In X v X the judge held that à ¢Ã¢â€š ¬Ã…“the fact that the parties have made their own agreement is a very important factor in considering what is the just and fair outcome. The amount of importance will vary from case to caseà ¢Ã¢â€š ¬Ã‚ . He continued: à ¢Ã¢â€š ¬Ã…“The court will not lightly permit parties who have made an agreement between themselves to depart from it. The court should be slow to invade the contractual territory, for as a matter of general policy what the parties have themselves agreed should, unless on the face of it or in fact contrary to public policy or subject to some vitiating feature be upheld by the courts.[13] In 2003, court supported a pre-nuptial agreement on the foundation that the wife knew that the pre-nuptial contract was correctly counselled as to its terms, and signed it freely without pressure. Hence, it was decided that the contract should be considered by the court as one of the situations of the case under section 25 of the Matrimonial Causes Act 1973 and that admission into the contract established behaviour which it would be unfair to disrespect.[14] However, not in all cases the prenuptial agreements have been successful in getting valued. In Z v Z Moor J said, à ¢Ã¢â€š ¬Ã…“This was undoubtedly a case for equal division of assets absent the French agreement. The issue was whether the marital contract took the case out of sharing. There was no dispute that the agreement was entered into freely and with full understanding of its implications. No formal advice was given by thetwo notary witnesses and there was no formal disclosure. This did not matter as we knew exactly what the agreement entailed and each party new the financial position of the otherà ¢Ã¢â€š ¬Ã‚ .[15] Later on in 2008, in MacLeod v MacLeod[16], the Privy Council deliberated whether a pre-nuptial agreement was binding. The Privy Council held that it was not up to them to mess with famous rule that pre-nuptial agreemen ts were conflicting to public policy and on these basis they are not binding in the promised sense, and said that the matter was more suitable to law-making body than judicial development but post-nuptial agreements which provided for a upcoming parting could be given weight by the courts. The law standing in this situation can be weighed according to different scales. The upside of not having a prenuptial agreement is the presence of flexibility. The courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s jurisdiction can be advantageous and the courts can use their power to maintain fairness and justice. However, this scenario can be the slope down for couples looking for clarity in law. Couples with high net worth canà ¢Ã¢â€š ¬Ã¢â€ž ¢t secure their belongings due to the ambiguity in law. Looking at this there is a clear pathway needed for safeguard of assets and property upon divorce. To resolve this issue the law commission have been in the race. The Law Commission began a plan in 2009 to observe the p osition and enforceability of marital property agreements. In January 2011 it opened a discussion, revising the present law of marital property agreements and discussing choices for improvement. The scheme was stretched in 2012 to cover two additional matters of financial provision rising on divorce or the dissolution of a civil partnership. It was decided with the Ministry of Justice that the possibility of the scheme should be extended to comprise an assessment of two features of financial provision on divorce and the dissolution of a civil partnership namely financial needs and non-matrimonial property. The aim of the scheme was to bring clarity to the existing law. On 11 January the Law Commission sprung a public talk on marital property agreements, due to the result of Radmacher v. Granatino. The Law Commission was looking for views on the attractiveness of possible choices for reforming the law of prenuptial, postnuptial and separation contracts made by couples before or thr oughout their marriage or civil partnership that are planned to oversee their financial provisions if the relationship finishes. Finally in 2014, the final law commission paper came out with detailed recommendations, proposals and strategies to reform the law regarding prenuptial agreements. The main reform proposals are listed below. First and foremost The Family Justice Council should clarify the law relating to à ¢Ã¢â€š ¬Ã…“financial needsà ¢Ã¢â€š ¬Ã‚ . This would safeguard the law and make sure that it is applied reliably by the courts and strengthen judicial repetition. With the guidance people can acknowledge the position of law and their objectives without any legal help. Secondly, it should explore the likelihood of whether assistance to control of à ¢Ã¢â€š ¬Ã…“financial needsà ¢Ã¢â€š ¬Ã‚  could be planned. And the most important one is to familiarise with the concept of à ¢Ã¢â€š ¬Ã…“qualifying nuptial agreementsà ¢Ã¢â€š ¬Ã‚ . These would be enforceable con tracts which would allow couples to make binding provisions for the financial forfeits of divorce or dissolution. However, to make a qualifying nuptial agreement, certain practical precautions would have to be met. The agreements would be enforceable as agreements but would apply only after both partners financial needs, and any financial duties towards children, have been satisfied. And they would be binding only if at the period of signing, both parties had revealed material statistics about their financial stateand both gotlegal advice. Looking at the present law, it is now possible for couples to make pre- and post-nuptial agreements. Legalising prenuptial agreements can bring positive a vibe to the legislature. One of the key benefits of a prenuptial agreement is that it can give certainty on what assets are taken into deliberation in a divorce. These agreements can act as a shield for people of high net worth especially in the case second or more marriages where there are children from the existing marriage. A properly conveyed agreement provides a better grade of certainty. It gives the couple a level of autonomy and freedom from judicial interference in what should happen to their assets ondivorce. As Resolution vice-chair Jo Edwards expresses her feelings, Guidance on needs should encourage consistency, dispel myths and manage expectations. This will help anyone going through separation, even if they dont have access to legal advice and support, or are trying to reach agreements on their own, during a very traumatic time. [17] In the case of a wealthy partner it can limit their obligation to the less wealthy spouse. A prenuptial agreement can also distinguish assets collected prior to marriage, gifts and legacy as separate to joint wealth. These agreements also highlight the importance of autonomy as they let people make their own choices. This idea was also supported by Professor Elizabeth Cooke the Law Commissioner for property, family and trust law, said: Pre- and post-nuptial agreements are becoming more commonplace but the courts will not always follow them and lawyers are therefore not able to give clear advice about their effect. Qualifying nuptial agreements would give couples autonomy and control, and make thefinancialoutcome of separation more predictableà ¢Ã¢â€š ¬Ã‚ .[18] However, if we consider the preceding statement then it clashes with the main theme of the essay. As it is can be taken from the dissenting judgement of Lady Hale, which states that Pre-nuptial agreements deny the economically weaker spouse an entitlement of the rights they are supposed to get. She also emphasises on the issue of reform of the law. Deliberating upon the strengths and weaknesses can lead to an easy conclusion that introduction to such agreements can be beneficial for both judiciary and public. Keeping in front of us that legalising prenuptial agreements are the most appropriate thing to do, there is an alternative th at can be pondered upon. This the idea of no fault divorce. In this scenario the fault in relationships which leads to divorce is extinguished. However, if no-fault divorce cancels marriage after the occasion, prenuptial agreements can do can play a good role in undermining it earlier. The idea of marriage is that ità ¢Ã¢â€š ¬Ã¢â€ž ¢s destined to be a lifetime affair and the clue here is that à ¢Ã¢â€š ¬Ã‹Å"til death do us partà ¢Ã¢â€š ¬Ã¢â€ž ¢ and the idea of prenuptial agreements is that they create provision for the thing finishing before it even gets started. People are setting their resources out of the reach of the spouse in advance. Having considered all possible scenarios here, it can evidently be concluded that legalising the aspect of prenuptial agreements can be a revolutionary change in the history of England. It can provide a clear template for couples to follow and binding rules and regulations can be provided when needed. If anyone wants to enter a contract of su ch sort, they will know that efficient legal advice is needed which can be helpful when there are guidelines set to be followed. This will allow the lawyers and academics to have a clear transcript to study and advice their clients. [1] Radmacher v Granatino [2010] UKSC 42; [2010] WLR (D) 260 [2] Matrimonial Causes Act 1925 section 25A [3] Civil Partnership Act 2004 schedule 5, part 5, para 23(2) [4] Hyman v Hyman [5] Radmacher v Granatino [6] Edger v Edger [7] Miller v Miller [8] Macfarlane v Mcfarlane [9] Crossley v Crossley 2007 [10] Livesey v Livesey [11] Supporting families 1998 [12] F v. F (Ancillary Relief: Substantial Assets) [1995] 2 F.L.R. 45 at 66 [13] X v X (FD) [2002] 1 FLR 508 at 537 (Munby J) [14] K v K (Ancillary relief: prenuptial agreement) [2003] 1 FLR 120 (Roger Hayward-Smith QC (sitting as a Deputy High Court Judge) [15] Z v Z [16] Macleod v Macleod [17] https://www.familylawweek.co.uk/site.aspx?i=ed127909 [18] https://www.familylawweek.co.uk/site.aspx?i=ed127909

Sunday, May 17, 2020

Hamlet Essay The Unlike Characters of Gertrude and Ophelia

Hamlet -- the Unlike Characters of Gertrude and Ophelia The Shakespearean tragedy Hamlet features two ladies who are very unlike in character. Queen Gertrude, denounced by the ghost as faithless to King Hamlet, is pictured as evil by many, while Ophelia is seen as pure and obedient and full of good virtues. Let’s explore these two unlike people. Rebecca Smith in â€Å"Scheming Adulteress or Loving Mother† presents an unusually â€Å"clean† image of the present queen that is not consistent with that of the old queen presented by the ghost: Although she may have been partially responsible for Claudius’ monstrous act of fratricide and although her marriage to Claudius may have been indirectly responsible for making a†¦show more content†¦. . . O shame! Where is thy blush? Rebellious hell, If thous canst mutine in a matron’s bones, To flaming youth let virtue be as wax And melt in her own fire. Proclaim no shame When the compulsive ardor gives the charge, Since frost itself as actively doth burn And reason panders will. And of the Queen’s punishment as it goes on throughout the play, there can be no doubt either. Her love for Hamlet, her grief, the woes that come so fast that one treads upon the heel of another, her consciousness of wrong-doing, her final dismay are those also of one whose soul has become alienated from God by sin. (97-98) Very palpable is the moral difference between Ophelia and Gertrude. Disregarding the â€Å"erotically charged† songs (Lehmann and Starks 2) sung by the young girlfriend of the hero in her maddened mental state shortly before her death, one finds nothing incriminating in her conduct. Quite opposite the criminality of the king’s wife is the innocence of Ophelia – this view is generally expressed among Shakespearean critics. Jessie F. O’Donnell expresses the total innocence of the hero’s girlfriend in â€Å"Ophelia,† originally appearing in The American Shakespeare Magazine: O broken lily! how shall one rightly treat of her loveliness, her gentleness and the awful pathos of her fate? Who shall dare to hint that she was not altogether faultless? One feels as if wantonlyShow MoreRelatedComparison Of Ophelia And Hamlet By William Shakespeare1382 Words   |  6 PagesShakespeare portrayed and meant the two major female characters to be (Ophilia and Gertrude), and an example of the interactions between Ophelia and Hamlet, as they were very consistent throughout the story, and are an interesting but very easy display of societal norms at that time. After the fallout of my previous essay I tried to stay as far away from using resources to avoid anything else from happening. So almost all the ideas in this essay are mine. Articles I ended up using were from sparkRead MoreEssay on The Character of Gertrude in Shakespeare’s Hamlet1453 Words   |  6 Pagestragedy, Hamlet, presents ten male characters for every one female character. The only prominent female characters are two: Ophelia, Laertes’ sister and Polonius’ daughter; and Gertrude, the queen and wife of Claudius and mother of Hamlet. This essay will explore the character, role, and importance of Gertrude.    Hamlet’s mother, Gertrude, is apparently disturbed by her son’s appearance in solemn black at the gathering of the court, and she requests of him:      Ã‚  Ã‚  Ã‚   Good Hamlet, cast thyRead MoreThe Character of Gertrude in Shakespeare’s Hamlet Essay1558 Words   |  7 Pages    The character of Gertrude in Shakespeare’s tragedy, Hamlet, is not a woman for emulation by others. She is too human, and not very intelligent. Let’s consider her in this essay.    Mary Bradford-Whiting, in her article â€Å"Mothers in Shakespeare† compares the mother of Juliet to the mother of Hamlet:    Juliet has a mother, to whose heart of stone she appeals in vain:    . . . O, sweet my mother, cast me not away! 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In our lifetimes women are viewed as equals to men, women can have a job and dont have to take orders from the men in their family. As Paul Thomas says in `Authority and Disorder in Tudor times, `It would seem that the least dignified, that of uncomplicated submission in aRead More Custom Written Essays: Contrasting Gertrude and Ophelia of Shakespeares Hamlet1951 Words   |  8 PagesContrasting the Ladies in Hamlet  Ã‚        Ã‚  Ã‚   How can anyone view or read the Shakespearean tragedy of Hamlet without observing an obvious differentiation between the characters of the two female characters? And yet, not all critics agree on even the most salient features of this contrast.    Quite opposite the criminality of the king’s wife is the innocence of Ophelia – this view is generally expressed among Shakespearean critics. Jessie F. O’Donnell expresses the total innocence of theRead More Shakespeares Hamlet Essay: Observations on Gertrude2572 Words   |  11 PagesAnd What of Gertrude in Hamlet?      Ã‚  Ã‚   To what extent does evil reign in the heart of Queen Gertrude in Shakespeare’s Hamlet? This essay will delve into her character, and into the deposit of literary criticism regarding her, in order to analyze her character in depth.    Philip Edwards’ â€Å"The Ghost: Messenger from a Higher Court of Values?† expresses the necessity of the Ghost leaving the guilt of Gertrude to the afterlife:    The final injunction, ‘Leave her to heaven’, mustRead MoreFemale Characters in Hamlet4091 Words   |  17 Pagesis a story of one, or at most two persons. As a rule, they are male protagonists. But to say that Shakespeare’s female characters are shallow, undeveloped and used just as a decoration on the stage is very wrong. Women in Shakespeare’s tragedies have no leading role and they are, to paraphrase Northrop Frye,[1] not tragic heroines, but heroines in a tragedy. All female characters in Shakespeare’s tragedies have one thing in common – they end up dead. It is always an untimely, unnatural death. ThisRead More Shakespeares Hamlet - Gertrude Essay examples2462 Words   |  10 PagesRegarding Hamlet’s Gertrude  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚        Ã‚  Ã‚  Ã‚   Angela Pitt in â€Å"Women in Shakespeare’s Tragedies† comments that Shakespeare’s Gertrude in Hamlet is, first and foremost, a mother:    Gertrude evinces no such need to justify her actions and thereby does not betray any sense of guilt. She is concerned with her present good fortune, and neither lingers over the death of her first husband nor analyses her motives in taking another. . . .She seems a kindly, slow-witted, rather self-indulgentRead More Shakespeares Hamlet - Regarding Gertrude Essay1965 Words   |  8 PagesRegarding Hamlet’s Gertrude  Ã‚        Ã‚  Ã‚   In William Shakespeare’s most famous tragedy Hamlet, the audience meets a queen who is a former and present queen. She was unhappy before – how does she feel now? Is she evil, guilty, motherly, lascivious? The multiple aspects of her personality deserve our attention.    Angela Pitt in â€Å"Women in Shakespeare’s Tragedies† comments that Shakespeare’s Gertrude in Hamlet is, first and foremost, a mother:    Gertrude evinces no such need to justify

Wednesday, May 6, 2020

Intelligence - Nature vs Nurture - 1965 Words

This essay is going to discuss the role of intelligence in human beings examining both internal and external factors. Intelligence and whether it is innate or develops as one evolves, is one of humanity’s greatest debates. In everyday life one has to make decisions, solve problems and make sense of the world and what is happening in it. From an external point of view the intelligence of a human being develops through a constructive, cognitive process. Since the 1950s, cognitive developmental researches agree on the now nearly universal consensus that intellectual skills are the by-products of self-governed activity in relation to the world (Bruner, 1990; Gardner, 1985). Considering this, it is difficult to understand that scientists†¦show more content†¦Motivational theorists believe how motivated one is determines the level of cognition achieved (Sternberg, 1982). Sternberg also found that if one spends more time encoding problems, they would perform those task s faster (1982). However much of intelligence is not understandable in terms of scientific modes and needs supplementation by other theories that deal with less rational modes of thinking. Those who believe that intelligence is genetic presume that there is no hope for the people who have not been blessed biologically and that nothing can change their ‘hard wiring’. This seems extreme. External influences come from anything outside the brain. They can be environmental, opportunistic, behavioural and conditional. Some theorists believe that intelligence is influenced by one’s environment (external) and that one’s culture determines one’s nature of intelligence (Sternberg, 1982). According to Vygotsky cognitive development occurs in a sociocultural context and evolves out of the child’s social interaction (as cited in Sigelman amp; Rider, 2006). A person’s environment can be influential when looking at intelligence. Other than one’s family habitat and culture there is also the question of educational opportunity. If a child is exposed to certain conceptsShow MoreRelatedNature Vs Nurture On Intelligence4016 Words   |  17 PagesAbstract This extended essay explores the question ‘to what extent does nature and nurture influence intelligence in child development’. Nature in this context is the inborn hereditary characteristics, as well as your genes; and nurture is the environment you’re in, how what is around you affects your personally. The essay starts with the introduction over viewing what I’m going to look at and important definitions and reasons of why I’ve chosen the question. I’m going to look at a brief historyRead MoreIntelligence - Nature vs Nurture1971 Words   |  8 PagesThis essay is going to discuss the role of intelligence in human beings examining both internal and external factors. Intelligence and whether it is innate or develops as one evolves, is one of humanity’s greatest debates. 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Tuesday, May 5, 2020

Benchmarking Six Sigma Implementation

Question: Discuss about the Benchmarking Six Sigma Implementation. Answer: Introduction: For the Prime Systems Company, it has been seen that benchmarking is an important factor for the handling of the business process and the performance metrics. It includes the dimensions as well as the quality, time and cost. The process is based on the management to identify the best firms where the similar process exists to work on handling the target performance. (Goetsch et al., 2014). The benchmarking is important for measuring the performance with the specific indicator approach to handle the cost per-unit of measure, with productivity. The strategic management for the organisation is to evaluate the company process with the peer group that has been defined for the purpose. The improvement is set with the aim of increasing the performance to seek the improvement of practices. It ensures the levelling of the rod with the cost per unit of measure with productivity set for the cycle time of measure. (Pyzdek et al., 2014). There is a need to identify the problem with including the r esearch techniques as the focus groups or the in-depth marketing. The identification is for the similar process where the improvement is based on addiction treatment. The identification is for the leaders in the areas who look for the customers, suppliers, financial analysis and the trading associations. The technique for the product benchmarking is set with the minimised cost by applying the best technology which are set for the user expectations at the minimal cost. It applied to the analysis where there have been increased outsourcing to the companies. The process of the benchmarking is for the initiation of the firms which focus on the investigation of the business process with the goal to identify and observe the best practices. The financial benchmarking and the performance is to assess the overall competitiveness and productivity in the company. (Jacobs et al., 2015). Lean Six Sigma The lean six sigma is set based on the collaborative approach to improve the performance by handling the Prime Systems with the costs of the labour and other over processing and over production. It also works on the different parts where there is a need to handle the theory of constraints with the total productive maintenance. (Jacobs et al, 2014). The lean process is faster with the efficient and the economical pattern that delivers the satisfactory quality. The six sigma has been working on the method to reduce the defective products which have been manufactured or services. (Augusto et al., 2014). The increased revenue sets for the customer satisfaction with effective solution. The streamlined process is for enabling the organisation with the selling, manufacturing and then providing the products or the services with the use of lesser resources. The Six Sigma Benefits are related to the decreasing cost with the computers on the assembly line. It works on the removal of the waste f rom the process where the activity is set within the process. (Jesus et al., 2015). Business Process Change Benchmarking works on the corporate strategies with the possible performance to work on the designing of the products at the minimal cost. The data is obtained from the disassembling of the system where the analysis is carried out for the Mercedes, traveller as the major priority. The process is based on initiating the firm that focus on the strategic benchmarking with activity analysis. (McAdam et al., 2014). The financial benchmarking is designed to handle the performance with the results set for the overall competitiveness and the productivity of the system. The benchmarking has been done in the public sector where the tools are for the improvement and the innovation. Here, the performance is also based on allowing the initiator firm to properly handle the business process change. The benchmarking involves the establishment of the performance measures to develop a proper picture for the target market. (Shagluf et al., 2015). It is important to identify the customers with the speci fic needs that will help in improving the different perspectives. The product and the services are offered by the company to improve the business process where there is a need to control the operational costs with the decrease of response times for the orders. The use of the benchmark is for the change management with the ability to handle the transition staff for the operations. It will also provide the election to the address performance with the business intelligence through the benchmark research. (Gijo et al, 2014). The business process works on defining, measuring and analysing the problems which are for implementing the fix with the solving of the problems. Hence, for this, a proper control with the sustainability of improved results is important so that there is a control with the sustainability of improved results. (Andersson et al, 2014). The six sigma works on the increasing revenue with the reduction of the products or the service. The expansion of the sales force is set where the employees are closest to the actual work with the production of the product or the delivery that has been accounted to find or remove problems. (Albiwi et al., 2015). The consumer works on the lean six sigma that helps the business by the delivering products with the decreasing returns. The financial services are for the budgets to continue and improve the collaboration with the organisation. How have organisations worked on improving the process? The organisation has been able to improve the process with the improvement in the internal performance of the data. This mainly comes with the variety of the sources as well as the industry benchmark performance. (Chiarini et al., 2014). The production measures are then compared to the competitor data which is set through the trading publications. The products and the service performance is based on the customers who focus on the groups, surveys and the interviews. The standards are set for providing the justification for change. (Prashar, 2016). Hence, the improvement is through the dynamic force with the election to address the performance deficiencies through the research that can drive the internal changes. The benchmarking focus on the company to company comparisons where the materials are purchased and the suppliers are also paid for the inventories with their management. The process includes the return on the net assets, satisfaction of the customer, revenue per employee, qual ity and the asset utilization with capacity management. (Douglas et al., 2015). The defining of the best practices is with the internal benchmarking that involves the process with the plant. It also works on handling the location with providing the opportunities for developing a breakthrough of the strategies for the particular industry. (Lucato et al., 2015). Apply Benchmarking to current organisation For the Prime Systems, the company is working on the validation and the normalisation of the data. it is through the development with the management of the planning and the implementation of improvement actions. The learning points need to be ascertained with the development and communication of the action plan. (Singman et al., 2015). The realisation is for holding the performance improvement process which has been embedded with organisation. The primary goal of the company is to work on the improvement of the current performance with the high tech users to handle the market. With this, the organisation also works on adjusting the strategy with the clear reality and vision of future. (Outpatients et al, 2014). In the Prime Systems, we have started the company with a goal to target the most profitable sector, which had been changed as per requirement and data obtained from the market research, considering the benchmarking concepts. The status of the company was analysed compared to o ther competitors in the market. This resulted in the change in decisions in the later parts of the company simulation. The motive of the company, which was to maximize the profit, did not change, but the approach to achieve the same has changed over the duration of companys working. The products launched by the Prime Systems has also been modified for the benchmarking and to meet market demand. The benchmarking of the products was done in comparison to other similar products of different companies, and modification in the specification was done. The ads created for the products of Prime Systems were also changed accordingly. The benchmarking concept has been applied in the change in ads as well, which were checked for specifications and their mention in the ads. The cash flow has seen to be improved with the changes made, and company performance has improved over the quarters. The companies stand in the scenario and profile of the company as compared to others in the same filed has seen improvement as well. Due to this improvement, the progress of the company has been calculated, and benefits has been provided to employees and workers as well. This has resulted in better and improved efficiency of the employees and workers. New work places and manufacturing units has been opened to achieve the same. The profit of the company has improved by this change in the business process. The benchmarking has, thus, proved to be a beneficial concept in the simulation of Prime Systems. The long term plans are for the organisational performance where the competitive performance and customer satisfaction is important that will help in improving and achieving a better performance. The implementation is based on the long and the short term plans with better operational standards where there is a need to put in the effort with vital information about the different practices. (Albiwi et al., 2015). The managers need to determine and prioritize the opportunities for the improveme nt to enhance the performance with relative customer expectations. The organisations get the benefits which include the labour costs as well as the improvement of the system through the consolidation and the cooperative business planning. The restructuring is through the target roles, process and the critical success factors. It works on processes with quality programs and operations improvement effort. The management change also handles the operations with ventures to rethink and compete with the existing strategies. (Fadly et al, 2013). The internal benchmarking is for analysing and identifying the activities to hold the direct competitors with the drivers who are able to evaluate the company with the strengthening and the weakening of the competition. The benchmark also focusses on the roles, process and the strategic issues which can be used for the establishment of the functions. For the better network, there have been company research to implement the goals and the objectives. It is imperative to follow and gather the consistent information where the data needs to be interpreted in order to make better comparisons with the other organisations. (Chiarini, 2013). The benchmarking is with the skills management with the business strategy alignment to handle the costs, with the increased productive and quality to strengthen the customer service. Reference Goetsch, D.L. and Davis, S.B., 2014.Quality management for organizational excellence. Upper Saddle River, NJ: pearson. Pyzdek, T. and Keller, P.A., 2014.The six sigma handbook(p. 25). McGraw-Hill Education. Augusto Cauchick Miguel, P. and Monteiro de Carvalho, M., 2014. Benchmarking Six Sigma implementation in services companies operating in an emerging economy.Benchmarking: An International Journal,21(1), pp.62-76. Jacobs, B.W., Swink, M. and Linderman, K., 2015. Performance effects of early and late Six Sigma adoptions.Journal of Operations Management,36, pp.244-257. Arumugam, V., Antony, J. and Linderman, K., 2014. A multilevel framework of Six Sigma: A systematic review of the literature, possible extensions, and future research.The Quality Management Journal,21(4), p.36. Jesus, A.R.D., Antony, J., Lepikson, H.A. and Cavalcante, C.A.M.T., 2015. Key observations from a survey about Six Sigma implementation in Brazil.International Journal of Productivity and Performance Management,64(1), pp.94-111. McAdam, R., Antony, J., Kumar, M. and Hazlett, S.A., 2014. Absorbing new knowledge in small and medium-sized enterprises: A multiple case analysis of Six Sigma.International Small Business Journal,32(1), pp.81-109. Shagluf, A., Longstaff, A.P. and Fletcher, S., 2015. A Preliminary Study of Applying Lean Six Sigma Methods to Machine Tool Measurement. Andersson, R., Hilletofth, P., Manfredsson, P. and Hilmola, O.P., 2014. Lean Six Sigma strategy in telecom manufacturing.Industrial Management Data Systems,114(6), pp.904-921. Prashar, A., 2016. Six Sigma adoption in public utilities: a case study.Total Quality Management Business Excellence,27(5-6), pp.479-506. Shagluf, A., Longstaff, A.P. and Fletcher, S., 2015. A Preliminary Study of Applying Lean Six Sigma Methods to Machine Tool Measurement. Douglas, A., Douglas, J. and Ochieng, M.J., 2015. Lean Six Sigma in East Africa: Findings from a Pilot Study. InProceedings of the 19th ICIT Conference. Gijo, E.V. and Scaria, J., 2014. Process improvement through Six Sigma with Beta correction: a case study of manufacturing company.The International Journal of Advanced Manufacturing Technology,71(1-4), pp.717-730. Fadly Habidin, N. and Mohd Yusof, S.R., 2013. Critical success factors of Lean Six Sigma for the Malaysian automotive industry.International Journal of Lean Six Sigma,4(1), pp.60-82. Albliwi, S.A., Antony, J. and Lim, S.A.H., 2015. A systematic review of Lean Six Sigma for the manufacturing industry.Business Process Management Journal,21(3), pp.665-691. Breslin, S.E., Hamilton, K.M. and Paynter, J., 2014. Deployment of lean six sigma in care coordination: an improved discharge process.Professional case management,19(2), pp.77-83. Lucato, W.C., Vieira Jnior, M. and Santos, J.C.D.S., 2015. Eco-Six Sigma: integration of environmental variables into the Six Sigma technique.Production Planning Control,26(8), pp.605-616. Chiarini, A., 2013. Relationships between total quality management and Six Sigma inside European manufacturing companies: a dedicated survey.International Journal of Productivity and Quality Management,11(2), pp.179-194. Singman, E.L., Haberman, C.V., Appelbaum, J., Tian, J., Shafer, K., Toerper, M., Katz, S., Kelsay, M., Boland, M.V., Greenbaum, M. and Adelman, R., 2015. Electronic Tracking of Patients in an Outpatient Ophthalmology Clinic to Improve Efficient Flow: A Feasibility Analysis and Benchmarking Study.Quality Management in Healthcare,24(4), pp.190-199. Andersson, R., Manfredsson, P. and Hilletoft, P., 2014, May. Lean Six Sigma strategy: A case study from Sweden. International Conference on Technology Innovation and Industrial Management. Chiarini, A. and Vagnoni, E., 2014. A proposed audit pattern for the shop-floor processes in TQM, Lean Six Sigma and ISO 9001 environments.International Journal of Services and Operations Management,18(2), pp.159-178. Jacobs, F.R., Chase, R.B. and Lummus, R.R., 2014.Operations and supply chain management. McGraw-Hill Education.

Sunday, April 19, 2020

King Lear Essays (286 words) - British Films, Films,

King Lear In the King Lear play, Shakespeare creates many conditions in which humans live in the world. The main characters in the play are used to portray Shakespeare's ideas. One of these ideas which Shakespeare is trying to portray is evil between the characters and in the world which are emphasized throughout the play. The evil, created by humans, is outweighed by good in the world of King Lear. Evil was created by humans who decided to do wrong to others. Duke of Albany, said that all evil people will be justly punished (ACT V, iii, 303). Albany indicated that it is the people who caused evil and people decided to do evil, not gods. Lear believes that since Edgar is out on the heath he must have given everything to his daughters as well (ACT III, iv, 62ff). Since he believes that Edgar gave everything to evil Lear must believe that people are the cause of evil. It were Lear's daughters who decided to do wrong to Lear and it was Lear's fault in giving away all of his land. Si ughters are the humans in the play, it is the humans who caused the evil and Lear believes that humans were the ones who created evil. Edgar, is another character in the play who believes that evil is caused by humans and not the gods. Edgar said, "The gods are just, and of our peasant vices make instruments to plague us" (ACT V, iii, 169). Edgar clearly says that the gods are right and it is the people who are responsible for promoting evil in the world. It is us who make the instruments necessary for evil to spread and plague the world. In the world of King Lear many characters believe evil was caused by the people and not by the gods.

Saturday, March 14, 2020

Free Essays on Columbus the Villian

Columbus the Villain In 1492 Columbus sailed the ocean blue. And, when he reached his destination he killed, raped and enslaved innocent natives. Was Columbus a villain? The answer to that question, in my opinion, would be yes. Christopher Columbus was a cruel, self-centered, delusional man who does not deserve to be praised for the discovery of America. First, Columbus was a cruel man who enslaved, raped, and murdered the natives of the countries he sailed to. According to an article by John Margolis entitled "Goodbye Columbus", Columbus "oversaw the killings of some (Indians) and ordered the enslavement of others." Margolis goes on to say that Columbus did not prevent his crewmen from raping the innocent natives, and even that he himself raped an Indian women after beating her "with a piece of rope". If these actions do not constitute villainy, I don't know what does. Also, Columbus could be described as a self-centered and delusional man. His critics have described him as not a genius, but a "stubborn ego maniac who convinced himself that the world was about 25 percent smaller than it actually is." Columbus believed that he was saving the souls of his captives and granting them eternal life by taking the natives out of their environment and shipping them back to Spain. He even went so far as to believe that he was getting "personal messages from above". Columbus does not deserve to be praised for the discovery of America. In short, if he didn't do it, someone else would have within 10 years. He was not the only one who believed that the earth was round, and the ideas of similar voyages had been previously proposed. Christopher Columbus was a cruel, delusional, and self-centered man who does not deserve high praises for the discovery of America. He allowed the killing, rape, and enslavement of innocent natives. Columbus was an ego-maniac who believed that he was doing the natives favors by killing them. If he had not d... Free Essays on Columbus the Villian Free Essays on Columbus the Villian Columbus the Villain In 1492 Columbus sailed the ocean blue. And, when he reached his destination he killed, raped and enslaved innocent natives. Was Columbus a villain? The answer to that question, in my opinion, would be yes. Christopher Columbus was a cruel, self-centered, delusional man who does not deserve to be praised for the discovery of America. First, Columbus was a cruel man who enslaved, raped, and murdered the natives of the countries he sailed to. According to an article by John Margolis entitled "Goodbye Columbus", Columbus "oversaw the killings of some (Indians) and ordered the enslavement of others." Margolis goes on to say that Columbus did not prevent his crewmen from raping the innocent natives, and even that he himself raped an Indian women after beating her "with a piece of rope". If these actions do not constitute villainy, I don't know what does. Also, Columbus could be described as a self-centered and delusional man. His critics have described him as not a genius, but a "stubborn ego maniac who convinced himself that the world was about 25 percent smaller than it actually is." Columbus believed that he was saving the souls of his captives and granting them eternal life by taking the natives out of their environment and shipping them back to Spain. He even went so far as to believe that he was getting "personal messages from above". Columbus does not deserve to be praised for the discovery of America. In short, if he didn't do it, someone else would have within 10 years. He was not the only one who believed that the earth was round, and the ideas of similar voyages had been previously proposed. Christopher Columbus was a cruel, delusional, and self-centered man who does not deserve high praises for the discovery of America. He allowed the killing, rape, and enslavement of innocent natives. Columbus was an ego-maniac who believed that he was doing the natives favors by killing them. If he had not d...

Thursday, February 27, 2020

WK4SUBJ Assignment Example | Topics and Well Written Essays - 750 words

WK4SUBJ - Assignment Example His diet in the last 24 hours includes corn flakes, milk, three apples, diet soda, rice and chicken. He is currently not on any medication. He takes fluids regularly, at least one liter of clean water daily. His physical exercise involves walking to and from work daily, a total of 4 miles. He spends most of his day standing or walking around the factory. No psychological stress reported. On inspection, the client looks healthy and of normal weight. The current total body weight is 73kg, which has not increased in last three months. The client does not have any problem chewing, walking or in performance of other activities. There is no report of muscular, joints or bone throbbing. Client reports having had a fall in childhood that resulted in a dislocated knee joint. The dislocation was handled, and there was no further problems with the knee. No other problem was reported involving the muscles, joints or bones. The client has completed tetanus and polio immunization schedule. The client has never been diagnosed with diabetes mellitus, SLE or sickle cell anemia. The client has regular exercise. He walks to work (4 miles) each day. In cases of muscular pain, the client uses anti-inflammatory balm for relief. The client does not smoke or take alcohol. He likes taking a diet soda on weekends. His typical diet includes milk, bread, rice and beef. He works at a chemical factory where most of his day is spent standing or walking around. He reports normal sexual life and is not stressed. Client reports slight headache that was on and off in the last one week. There is no report of seizure activity accompanying the headache. Bending and strenuous activity exacerbated the headache. There is no report of decreased sensation of taste, smell, hearing or sight. The client has adequate memory and reports no problems with hearing, swallowing or body control. There is a positive history of high blood pressure in the family. The client’s mother is