Wednesday, September 2, 2020
Biography of Babur, Founder of the Mughal Empire
Account of Babur, Founder of the Mughal Empire Babur (conceived Zahir-ud-commotion Muhammad; February 14, 1483ââ¬December 26, 1530) was the organizer of the Mughal Empire in India. His relatives, the Mughal heads, manufactured a durable realm that secured a significant part of the subcontinent until 1868, and that keeps on molding the way of life of India right up 'til the present time. Babur himself was of respectable blood; on his dads side, he was a Timurid, a Persianized Turk plummeted from Timur the Lame, and on his moms side he was a relative of Genghis Khan. Quick Facts: Babur Known For: Babur vanquished the Indian subcontinent and established the Mughal Empire.Also Known As: Zahir-ud-noise MuhammadBorn: February 14, 1483 in Andijan, Timurid EmpireParents: Umar Sheik Mirza and Qutlaq Nigar KhanumDied: December 26, 1530 in Agra, Mughal EmpireSpouse(s): Aisha Sultan Begum, Zaynab Sultan Begum, Masuma Sultan Begum, Maham Begum, Dildar Begum, Gulnar Aghacha, Gulrukh Begum, Mubarika YousefzaiChildren: 17 Early Life Zahir-ud-clamor Muhammad, nicknamed Babur or Lion, was naturally introduced to the Timurid illustrious family in Andijan, presently in Uzbekistan, on February 14, 1483. His dad Umar Sheik Mirza was the Emir of Ferghana; his mom Qutlaq Nigar Khanum was the little girl of Moghuli King Yunus Khan. When of Baburs birth, the staying Mongol relatives in western Central Asia had intermarried with Turkic and Persian people groups and acclimatized into the neighborhood culture. They were unequivocally affected by Persia (utilizing Farsi as their official court language), and they had changed over to Islam. Most preferred the spiritualist Sufism-imbued style of Sunni Islam. Taking the Throne In 1494, the Emir of Ferghana passed on out of nowhere and 11-year-old Babur climbed his dads seat. His seat was definitely not secure, be that as it may, with various uncles and cousins plotting to supplant him. Obviously mindful that a decent offense is the best safeguard, the youthful emir set out to grow his possessions. By 1497, he had vanquished the well known Silk Road desert garden city of Samarkand. While he was in this way connected with, be that as it may, his uncles and different aristocrats rose up back in Andijan. When Babur went to protect his base, he by and by lost control of Samarkand. The decided youthful emir had recaptured the two urban communities by 1501, yet the Uzbek ruler Shaibani Khan tested him over Samarkand and managed Baburs powers a devastating thrashing. This denoted the finish of Baburs rule in what is currently Uzbekistan. Outcast in Afghanistan For a long time, the destitute ruler meandered Central Asia, attempting to draw in adherents to assist him with retaking his dads seat. At last, in 1504, he and his little armed force went toward the southeast, walking over the snow-bound Hindu Kush mountains into Afghanistan. Babur, presently 21 years of age, blockaded and vanquished Kabul, building up a base for his new realm. Ever idealistic, Babur would align himself with the leaders of Herat and Persia and attempt to reclaim Fergana in 1510 to 1511. Again, in any case, the Uzbeks totally vanquished the Mughul armed force, driving them back to Afghanistan. Upset, Babur started to look south again. Greeting to Replace Lodi In 1521, an ideal open door for southern development introduced itself to Babur. The king of the Delhi Sultanate, Ibrahim Lodi, was detested and chided by his residents. He had stirred up the military and court positions by introducing his own devotees instead of the old gatekeeper and administered the lower classes with a self-assertive and oppressive style. After only four years of Lodis rule, the Afghan honorability was so tired of him that they welcomed the Timurid Babur to go to the Delhi Sultanate and remove him. Normally, Babur was very glad to go along. He assembled an armyâ and propelled an attack on Kandahar. The Kandahar Citadel waited for any longer than Babur had foreseen. As the attack delayed, be that as it may, significant aristocrats and military men from the Delhi Sultanate, for example, Ibrahim Lodis uncle, Alam Khan, and the legislative head of Punjab aligned themselves with Babur. First Battle of Panipat Five years after his underlying greeting to the subcontinent, Babur at long last jump started a hard and fast attack on the Delhi Sultanate and Ibrahim Lodi in April 1526. On the fields of Punjab, Baburs armed force of 24,000-for the most part mounted force braved against Sultan Ibrahim, who had 100,000 men and 1,000 war elephants. Despite the fact that Babur seemed, by all accounts, to be horrendously outmatched, he had something that Lodi didn't weapons. The fight that followed, presently known as the First Battle of Panipat, denoted the fall of the Delhi Sultanate. With unrivaled strategies and capability, Babur squashed Lodis armed force, executing the ruler and 20,000 of his men. Lodis fall flagged the start of the Mughal Empire (otherwise called the Timurid Empire) in India. Rajput Wars Babur had defeated his kindred Muslims in the Delhi Sultanate (and obviously, most were glad to recognize his standard), however the primarily Hindu Rajput sovereigns were not all that effectively prevailed. In contrast to his predecessor Timur, Babur was devoted to building a changeless realm in India-he was no unimportant bandit. He chose to assemble his capital at Agra. The Rajputs, be that as it may, set up a lively barrier against this new Muslim and would-be overlord from the north. Realizing that the Mughal armed force had been debilitated at the Battle of Panipat, the rulers of Rajputana assembled a military considerably bigger than Lodis and did battle behind Rana Sangam of Mewar. In March 1527 at the Battle of Khanwa, Baburs armed force figured out how to bargain the Rajputs an enormous thrashing. The Rajputs were resolute, be that as it may, and fights and conflicts proceeded with everywhere throughout the northern and eastern areas of Baburs domain for the following quite a while. Demise In the harvest time of 1530, Babur became sick. His brother by marriage plotted with a portion of the Mughal court aristocrats to hold onto the seat after Baburs demise, bypassing Humayun, Baburs oldest child and designated beneficiary. Humayun rushed to Agra to safeguard his case to the throneâ but before long fell gravely sick himself. As indicated by legend, Babur shouted out to God to save Humayuns life, offering his own consequently. On December 26, 1530, Babur kicked the bucket at 47 years old. Humayun, 22 years of age, acquired an unsteady realm, assailed by inside and outer adversaries. Like his dad, Humayun would lose control and be constrained into oust, just to return and have a special interest in India. Before an amazing finish, he had solidified and extended the realm, which would arrive at its tallness under his child Akbar the Great. Heritage Babur carried on with a troublesome life, continually engaging to make a spot for himself. At long last, nonetheless, he planted the seed for one of the universes incredible domains. Babur was a fan of verse and gardens, and his relatives would raise a wide range of expressions to their apogee during their long rule. The Mughal Empire went on until 1868, so, all things considered it at long last tumbled to the pilgrim British Raj. Sources Moon, Farzana.à Babur: the First Moghul in India. Atlantic Publishers and Distributors, 1997.Richards, John F.à The Mughal Empire. Cambridge University Press, 2012.
Saturday, August 22, 2020
A REFLECTION ON EFFECTIVENESS OF A CLASSROOM PRESENTATION Essay
A REFLECTION ON EFFECTIVENESS OF A CLASSROOM PRESENTATION - Essay Example This introduction was intended to cause understudies of grade school to comprehend the rationale behind the number line and utilize it in taking care of their math related issues. On a general premise I accept the introduction turned out to be truly well as the understudies seemed happy with the information that I gave them. The introduction should keep going for ten minutes yet I went over the recommended time limit while conveying it. This happened in light of the fact that I was so into the introduction itself that I didnt need to pull out in the middle. Furthermore, to be straightforward I never truly monitored time as the look at that I saw without flinching of the inquisitive understudies obviously revealed to me how seriously they needed to get familiar with this new idea and that some way or another propped me up on until I fulfilled their hunger for information totally. This reflection depends on the criticism got from my understudies and individual associates who were available during the coarse of the introduction. The number line introduction that I did was finished with the assistance of a flip outline. The greater part of the crowd present revealed to me it would have been vastly improved had I introduced the flip outline on a force point introduction. They said that would have made the introduction progressively respectable and understudies would have been slanted to take an a lot further enthusiasm for the learning because of the media idea of intensity point introductions. The crowd in their input revealed to me that the beginning of my introduction was extremely pleasant and that it totally caught the enthusiasm of all understudies in the class and kept them trusting that more will come. They extolled how my introduction was all around considered and that the idea of the substance present was very much organized and contained every single imaginable detail essential for an appropriate comprehension of the number line idea. Most definitely, the crowd extolled how certain I was
Friday, August 21, 2020
Pointillism free essay sample
Has everybody known about Van Gogh? He is one of the most well known specialists of the western social convention. His canvases are probably the most cherished bits of workmanship and have sold for many millions, yet during his lifetime he was avoided and his works were disregarded. He was a bashful and contemplative, he communicated in 4 dialects and was all around read however he lived and filled in as a laborer. He was conceived walk 30, 1853 in Groot-Zunbert which is a little Dutch town. His full original name was Vincent Willem van Gogh He was the most established offspring of 6. Little is thought about his initial instruction At the age of 15 with his family confronting monetary hardship, The gallery thing didn't turn out, as I discovered the vast majority of his occupations Van Goghââ¬â¢s father was a minister so inclining toward his strict childhood he chose He fizzled at sentiment, fizzled at accounts lastly ended it all. We will compose a custom paper test on Pointillism or on the other hand any comparative theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page So for what reason would he say he is so significant? Vincent was a self trained craftsman that utilized the early motivations from the gallery and an amazing encompasses. Setting aside his psychological state Van Gogh saw and felt enthusiasm in his craft. He made pictures of want and uncaring encounters. Pictures of the malevolent that men capitulate to and when seeing these pictures you truly canââ¬â¢t help having a humane reaction to them. Van Gogh likewise experienced the generalization of the insane craftsman. So I think he fulfills some cliché desires that our way of life has forced on craftsman. * Pointillism is a strategy of applying paint in an example of various shaded dabs. From a separation the eye doesn't see the spots separately and the hues mix together to frame a picture. Van Gogh painted a Self Portrait in 1887 utilizing this technique. The exuberant impact of the spots and shading in this picture balance forcefully with his grim articulation. * Impasto The word impasto' is Italian batter or mixtureis a strategy of spreading paint thickly onto the canvas with a palette blade or brush so the strokes are noticeable. Van Gogh utilized this strategy frequently, yet it is eminently powerful in his canvas Starry Night where the twirling brushstrokes of the stars and mists in the sky make a feeling of fast development. Van Gogh worked instinctually and rapidly and this unmistakable brushwork is a common subject in his canvases. To start with, it causes the light to reflect with a certain goal in mind, giving the craftsman extra authority over the play of light on the composition. Second, it can add expressiveness to the work of art, the watcher having the option to see the quality and speed applied by the craftsman. Third, impasto can drive a canvas into a three dimensional sculptural rendering
Thursday, May 28, 2020
Accounting Elimination of Operating Leases Essay - 275 Words
Accounting Elimination of Operating Leases (Essay Sample) Content: Accounting Elimination of Operating LeasesStudent NameInstitutionAbstractLeases have been used over a thousand of years. A lease can be defined as a contractual arrangement obligating the lessee to pay the lesser rent for use of the asset. Rental agreement is used to denote leases in which the property is tangible. In early years leases were used as a security of money lended.itf the borrower failed to pay the lease would be transformed into a fee for the lender. However form 15th century farmers begun using leases to acquire and farm in a land rather than buying it. Today most companies lease certain assets and pay periodic payments for their use. Tenancy principles also apply to real property and personal property.Accounting Elimination of Operating LeasesIn 2012, The International Accounting Standards (IASB) Board and Financial Accounting Standards Board (FASB) proposed a change to the widely accepted accounting principles (GAAP) which would eliminate the concept of "operating leases" and, treat all leases as "capital leases." Implementation of this change will directly impact contractorsà ¢Ã¢â ¬ future decisions on whether to buy or lease facilities and equipment. This proposal may mark the end of the interest component in all capital leases. Contractors should study this proposed changes in GAAP and analyze its effects and decide whether to lease or buy moveable assets.This change would bring with the biggest impact ever on lessees currently considering an operating lease or already using a leased equipment. The current rules states that, if a value of sums due to the lease agreement is 90% or less than the original value of an asset, the lease should automatically record as an operating lease. Further, if the present value exceeds 90%, the lease shall be treated a capital lease due to the fact that it transfers all substantial benefits and risks ancillary to the lease.Distinction between capital leases and operating and is that capital leases are treated as purchased assets, which are appreciated and depreciated over time while operating leases are treated as generating annual costs. Under the GAAP as it is present, a lease of a capital nature obligates the lessee to treat lease incomes as s form of financing, where the proportion of lease payments represents interest.Leasing is a widely used source of financing. It enables business entities, from private to corporations, to use property, plants and, machinery without making large initial cash investment. Many Companies currently account for leases as either operating leases or finance leases. Lease classification is based on complex accounting rules; if a lease is treated as an operating lease, both the leased asset and the obligation to pay are not recorded on the trial balance sheet. Instead, rent payments are recorded throughout the lease term.A recent survey, conducted by accounting giant Grant Thornton on 2,800 companies across the world, revealed that 54% of businesses were not aware of, and consequently unprepared for the dramatic change in global accounting standards in the past decade: the elimination of off-balance sheet leases.The proposed changes in accounting principles would be effective at a date, not before 2015. The potential impact of these accounting principle modifications will manifest themselves in numerous ways, which include but not limited to;(i) Loan covenants: tenant balance sheets will look more a mere multiplication of losses and gains which may result in a tenant not being able to comply with loan agreements.(ii) Lease terms: lease terms will be shortened and without renewal options to avoid incurring more debt on tenant balance sheets; and (iii) Owning/leasing property: the distinction between leasing and owning property will diminish, forcing leading companies to look for more favorable way of owning property rather than leasing. (iv) Balance sheets: tenants will have to treat assets and liabilities as lease s where in the past accounting rules, as an operating lease, they did not.From the proposed changes, it is clear there is a direct advantage in that it would eliminate the "bright line" test. Rather, the proposed rules would take several factors into consideration before calculating the value that would go directly to the balance sheet. In addition, leases that which have formerly been classified as operating leases would no longer record be treated as a straight lease expense.By not recording the rental obligation and leased asset on balance sheets, businesses can report stronger balance sheets and better return ratios. However, since the proposed accounting principles provides for disclosure of operating lease commitments in the lessee's audited financial accounts, creditors and investors will be the adjust the balance sheets and ratios for ratings and crediting purposes.The International Accounting Standards (IASB) Board and Financial Accounting Standards Board (FASB) proposal co mes with a number of challenges. First a recent survey, conducted by accounting giant Grant Thornton of 2,800 businesses across the globe, revealed that 54% of businesses were not aware of, and consequently unprepared for the dramatic change in global accounting standards in the past decade: the elimination of off-balance sheet leases. This could force many companies to incur extra expenses in shifting to the new rules.The proposed elimination of operating leases accounting could greatly change the accounting principles of the lease or buy option process. Such decisions would purely depend on economic merit, rather than by the expected accounting result and estimations.In addition, while cash flow under current and proposed standards does not change, agreements which contain covenants or performance bonuses and existing monitoring strategies will be affected. The changes also will create new temporary unique tax differences, since assets and liabilities recorded in the financial sta tements will not be recognized for tax purposes.The proposed standard also will require in addition to the revised financial statement presentation, an additional disclosures in the footnotes to the financial statements. These disclosures will be based on judgments and assumptions identified in the initial measurement and recording of assets and liabilities. When facts or circumstances significantly change during the lease term, they will be a greater need for them to be disclosed.By reducing the duration and depth of lease covenants or foregoing leases altogether these lesser strategies are bound to have the effect of increasing operational risk for lessors, which, in turn, could push lease prices up so as to cover up the costs of the risks. The Equipment Leasing Finance Foundation commissioned IHS Global Insight to examine the potential economic impact of the proposed changes to lease accounting. They conducted a qualitative review on the provisions on the proposed changes, prima rily focusing on expertsà ¢Ã¢â ¬ opinions published by the reputed accounting firms. The results were compared and contrasted with the views of a representative sample of the comment letters.The analysis found that operating leases been capitalized at $2 trillion of capitalized assets and a considerably correspondingly huge debt liability which would have been added to the balance sheets of United States business entities. For the average US economy, the front loading of those lease costs would continue until 2015 to reverse direction or stabilize. For industries and companies that are heavily depend on long-term leases to operate, the reversal or stabilization timeframe may be a bit longer. The analysis concluded that new accounting principles would have both negative and long term impact which the equity companies would report on their balance sheet.The impact on the new accounting proposal would do a great harm for manufacturers and distributors because lease expense is often their largest operating cost other than materials and wages. By making it mandatory for manufacturers and distributors to recognize future liabilities for operating lease payments in their financial statements, these proposals will have a major impact on a businessà ¢Ã¢â ¬s balance sheet, and some key ratios, and perhaps even impair its ability to attract financing. It will further present the business financial strength as weak unsecure that may cause its downfall due to lack of investors or financing.It all goes back to leverage. The requirement to record lease liabilities and thus, long-term payment obligations on the balance sheet will result in substantially more leverage being added to the balance sheet. The impact would be the companyà ¢Ã¢â ¬s inability to meet loan covenants and agreements it has with its bank, including debt service coverage and financial leverage ratios, and could also affect a bankà ¢Ã¢â ¬s calculation of tangible net worth.Schools, universities and hospital, are likely to be affected as a result of the accounting standards change; these institutions are likely to see a significant drop in energy efficiency investment, as projects that are always funded through the operating budget would instead have to compete with all other capital projects. Fortunately, some universities and hospitals continue to see ancillary benefits in energy efficiency projects, beyond simply economic metrics (enhanced brand, educational opportunities) and have lower financial hurdle rates for projects, making the discounted cash flows on institutions projects much more attractive to them than to the private sector. In such institutions, investment will continue, undisrupted, in the face of the proposed accounting change.The increase of debts in the accounting books will likely negatively impact a business ability to honor its bank debt obligations. These obligations can include a leverage...
Saturday, May 16, 2020
All You Need To Know About Volleyball - Free Essay Example
Sample details Pages: 3 Words: 770 Downloads: 5 Date added: 2019/04/02 Category Sports Essay Level High school Tags: Volleyball Essay Did you like this example? Volleyball is a fun fast paced game. It is a sport that can be played by anyone. But it is mostly played competitively by volleyball players! It is a very hard sport to play too! The positions are are to learn because you have to learn what you have to do in that position and be open to playing all spots. And doing the conditioning drills are hard too. Most Volleyball teams practice 5-6 days a week. 3-5 hours a day. Volleyball practices usually start during the end of the summer right before school. Volleyball is usually has six players on the court at a time. The game starts with one of the teams will serve the ball over the net the goal being too hit the opponents side of the courts floor. And the other teams goal is to hit it back to the team who served it so that the get a point how points work is called rally scoring. rally scoring is the VOLLEYBALL SCORING SYSTEMS. RALLY POINT SCORING. The team winning a rally scores a point . When the receiving team wins a rally, it gains a point and the right to serve, and its players rotate one position clockwise. The best of three or best of five games will win matches. In volleyball games the first two or four games are played to 25 points. The last game being played to 15 points. One of the teams must win by a two point advantage to win the game . There is no ceiling so each set continues until one team gains a two point advantage. Donââ¬â¢t waste time! Our writers will create an original "All You Need To Know About Volleyball" essay for you Create order You have to know where your area is. The positions in volleyball are usually called different names for different teams but the most common names are Outside hitter(also called wing spiker left side front), Right side hitter ( also called wing spiker right side front), Middle blocker (Also called center front row middle), Opposite hitter (also called attacker left back row ), libero (also called defensive specialist in middle back row) setter (in back row right side ). As well as there are different types of positions. There are different types of serves, hits, and stance as well to the game of volleyball. The different types of hits are called set, dig, bump, and spike. To do a set the ball has to be coming to you over your head. You make a triangle with your hands over your head. When you make contact with the ball push the ball up and out over the net with your finger tips. For a bump you extend your arms out do not interlace your fingers that is a good way to break a finger the when you make contact with the ball let it hit your forearm and push the ball up over the net. For a spike it is always about timing when you spike you want to use the had you right with or are more dominant with. The you take three steps. On the third step you push of your dominant foot. Hit the ball with one hand. Down the like or the middle of the court. For a dig you just slide and bump the ball from the ground. The only time you use a dig. Is if it is below the k nees. That is when you do a dig. For the stance in volleyball you should have your butt down. Make sure you have your feet shoulder width apart You should not have your butt up in the air. Have your hands like your going to bump the ball. The different Types of serves are the overhand and underhand. To do an overhand serve you throw the ball up in the air and make sure the ball is at eye level and hit the ball with the palm of your hand. spread your fingers apart so that you get a accurate serve. For an underhand serve you make a fist. The you hit the ball off the palm of your hand over the net. That is how you serve the ball. Who are some people who played volleyball my inspiration to volleyball is Caroline S. Found also known as Line she was a competitive volleyball player at Iowa City West High. she taught everyone in the movie they made of her after she was killed in a moped accident to never give up she helped everyone know there is a light at the end of the tunnel. She still inspires people even after her death!! This is all the things you need to know about volleyball!! So have fun and enjoy the game!!
Wednesday, May 6, 2020
Article Review On Net Neutrality - 1171 Words
Internet Regulation Junior Research Paper Dustyn Baker Dustyn Baker Period 4 Mrs. Ford: English 6 2-20-15 Net Neutrality Net Neutrality has been argued over for more than a decade, even since the internet became public. It is one of the most controversial topics of the 21st century, and everyone has a different opinion. The united states of America s executive branch believes that the internet should have no ââ¬Å"gatekeepersâ⬠, someone or business that doesnââ¬â¢t allow some material through to viewers. Others like the FCC (Federal Communications Commission) believe that the government has good intentions but is going at it wrong. For the past 6 years, President Barack Obama has given more fire to the debate of whether or not the internet should have more regulations, so the controversy has gained much support in the world. The government wants a free internet by putting regulations on The question is, is it constitutional to do this and if it is, what does the government really want for the people of the United States? Is the internet a part of our everyday rights in this free country? Man y countries around the world already have internet regulation, so should the United States of America be more regulated, too? How much power does the FCC and the federal government have over the internet. Should you ask yourself do you want regulation and have ââ¬Å"bit equalityâ⬠or do you feel that itââ¬â¢s our right. What is the actually debate about internet? What it truly comes down to isShow MoreRelatedThe Debate Over Net Neutrality Laws Essay1638 Words à |à 7 Pagesinternet because Vonage and Madison River are competing telephone service companies. Because of this, the FCC proposed a set of principles which sparked the beginning of net neutrality legislation that has been submitted to Congress over the past few years (Higginbotham, 2010). ââ¬Å"Preserving the open internetâ⬠is the latest net neutrality legislation and aims to set some basic rules in order to maintain fairness on the internet for consumers, businesses, content providers, and service providers. PublicRead MoreDevelopmental Issues That Surround Title 2 And The Internet968 Words à |à 4 Pageseconomy and the competition? The research that was released by the FCC and the Electronic Frontier Society has provided great insight into the issue. Net Neutrality is a trident of an issue; it cannot be fully encompassed by one of the following disciplines. Economics, Technological and Political science are the main three that encompass what Net neutrality has become. Technology is the medium that created this problem, however our economy is built on to it. We are in the New Economic Era and we needRead MoreNet Neutrality Research Paper2715 Words à |à 11 Pagesexceptions) goes down the party lines. Democrats, who are in favor of net-neutrality rules, insist regulation is needed to prevent network operators discriminating in favor of their own services. A cable-TV firm that sells both broadband internet access and television services over its cables might, for example, try to block internet-based video that competes with its own television packages. Republicans worry, that net neutrality will be used to justify a takeover of the internet by government bureaucratsRead MoreEssay on Net Neutrality: The Future of the Internet?1932 Words à |à 8 Pagesis the complicated topic of Net Neutrality. I began my research on Net Neutrality by first figuring out where the term originated from and what the term actually means. On February 3, 2003 Tim Wu, a professor at Columbia Law School, presented his paper on ââ¬Å"Network Neutrality, Broadband Discrimination,â⬠at the Silicon Flatirons conference in Boulder, Colo. Wuââ¬â¢s paper is believed to be the first use of the term. Tim Wu defines Net Neutrality as: Network neutrality is best defined as a networkRead Moreââ¬Å"The accounting profit figure is simply a measure of the true profit of an organisation.â⬠Discuss.940 Words à |à 4 Pagesconventions, and at times relies on the professional judgement of individual accountants. Deegan and Unerman add that ââ¬Å"As these rules change (as they frequently do), the same series of transactions will lead to different measures of ââ¬Ëprofitsââ¬â¢ and net assets.â⬠1 The accounting profit also varies from country to country. Even amongst countries that have adopted IFRS there are systematic differences in how accounts (and therefore the profit figure) are calculated (Kvaal and Nobes, 2010)2. If accountingRead MoreIssues of the Internet: Privacy, Piracy and Net Neutrality5434 Words à |à 22 PagesIssues of the Internet: Privacy, Piracy and Net Neutrality CS 306 Craig Lloyd Table of Contents Abstract â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 3 Introduction â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 4 Social Networking and Privacy â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦...â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦.. 6 Software Piracy â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦...â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 11 Net Neutrality â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦...â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 14 Final Thoughts and Opinion â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦..â⬠¦Ã¢â¬ ¦.. 17 Conclusion â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦..â⬠¦Ã¢â¬ ¦. 19 Works Cited â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Read MoreEssay about Fighting Terrorism Without Invading Privacy1818 Words à |à 8 Pagesprevious years, net neutrality has been thought of as a breakthrough in the digital age and a good, comprehensive solution that could protect the people right to digital privacy. Net neutrality is the idea of having a basic, decentralized Internet in which all data is treated in the same exact way and transported at the same exact speeds in an anonymous fashion. Forms of net neutrality are widely used in telephones, shipping, and public utilities. For these services, net neutrality has worked as itRead MoreBarack Obama s Last Term Of Presidency956 Words à |à 4 Pageslast term of presidency in 2015 Obama has violated the constitution ten times. His first violation was the Obama care bailo ut. The idea of getting the state of Massachusetts care was a great idea but the way Obama did it was not. In the national review article, it was stated, to a bill out of Massachusetts s malfunction healthcare exchange President Obama and government deal picture for more than 300,000 state residents to receive Medicaid coverage without any verification of eligibility. I believeRead MoreComcast : Global Media And Technology Company With Two Primary Businesses2194 Words à |à 9 Pagesconsidered Comcastââ¬â¢s largest competitors (Industry Data of Cable Industry, NCTA). Though all of these companies are media giants in some ways, when observing the net profit margin and operating profit margin, Comcast is ahead of all of their competitors in the cable division. DirecTV is Comcastââ¬â¢s most direct competitor in terms of net profit margin and Time Warner Cable in terms of operating profit margin (Industry Data of Cable Industry. NCTA). One of the weakest points in Comcastââ¬â¢s currentRead MoreSummary Of The Cultural Logic Of Media Convergence1469 Words à |à 6 PagesIn Henry Jenkinsââ¬â¢ article ââ¬Å"The Cultural Logic of Media Convergenceâ⬠, he discusses areas of tension and necessary negotiations regarding media convergence in the modern world. In a landscape that places an emphasis on digital communication and internet advertisements, media companies are facing a significant shift from previous norms. What used to be a typically paper broadcasting and entertainment world is now almost entirely online. On topics such as regulating media content, there is much up to
Tuesday, May 5, 2020
Overseas Cases Taxation On Digital Currency -Myassignmenthelp.Com
Question: Discuss About The Overseas Cases Taxation On Digital Currency? Answer: Introducation The Australian Taxation office (ATO) considers Bitcoin as well as other form of cryptocurrencies as a kind of property. Therefore any profit which is made by a person with respect to the sale of such currency is likely to be subjected to the provisions of Capital Gain Tax and therefore it has to be duly reported to the ATO[1]. However this area in relation to taxation in Australia is still grey as it has not be subjected to tests by the court of law. However until and unless such test are adequately conducted the owners and holders of such currency have been advised by the ATO that they must keep adequate and true records with respect to the receipt of payments, their intention and transactions entered upon into by them. The owners of such currency in their best interest should abide by the advice provided by the ATO as the office is taking a very strict stance in relation to the cryptocurrency holders trying to evade their tax liabilities. There may be a belief among many holders of such currency that the currency itself is not taxable. However such belief is wrong and mistaken as crytocurrencies are treated as a property in Australia. There is also a situation where cryptocurrency investors may be treated as speculators by the court unless otherwise established by them. The situation signifies that the profits which are received by such investors through the virtue of making investment in cryptocurrency is eligible to be taxed totally as a source of income instead of capital gains. The situation further signifies that the investors would not be able to avail any tax discounts after the currency is duly held for a period of one year or more. It is believed by majority of tax experts that most persons who manifest themselves as investors are in reality speculators even where the currency has been held by them for twelve month period or more[2]. In addition bitcoin and other form of crypto currencies are different to shares as such assets are held for long term and usually result in dividends, moreover, when it comes to speculative purposes this is difficult to be seen in relation to cryptocurrency[3]. It is evident from the above discussion that there a clear uncertainty regarding the concept of tax upon Bitcoin and other cryptocurrency which are taking the Australian market as a storm. The purpose of this paper is to throw a light upon the tax implications which may arise out of holding or transacting in Australia. The paper discusses the tax implication which cryptocurrencies like Bitcoin may be subjected to in different situations. In relation to the general taxation situation related to Bitcoin it has to be firstly analyzed that what approach is taken by the ATO towards treatment of the sale of an asset. When the ATO analyzes the tax treatment of an asset it has to initially identify the intention of the individual as to why the asset has been acquired. One of the reasons because of which Bitcoin has become popular is the fear among the public that they may lose out on something big and their neighbors who are investing big may gain big. In addition the hostility and mistrust which the public has in relation to the traditional banking system has also added to the popularity of cryptocurrencies in Australia. Thus the currency is taking the country by storm. Every person wants to be a part of the action as prices are reaching an all time high. Crypto assets are being purchased by more and more Australia such as Blockchains, bubbles and popularly Bitcoin[4]. In this situation not only the tradors and inverstors b ut also the ATO is keeping a close track of cryptocurrencies. In relation to such track a guidance paper has been issued by the ATO where it provides for the tax treatment of such currency in different situations. However Bitcoin also started to operate its own ATMs across the world. In addition few tradors have also started to accept Bitcoin as a mode of payment. Before analyzing the tax treatment of Bitcoin or other Cryptocurrencies, what actually constitutes such currency needs to be discussed. A few people may describe them as virtual money or currency which has no existence physically. These currencies are saved in electronic wallets through which a relation between the buyer and seller is provided. The use of such currency can be done online. According to the tax guidance which has been released by the ATO, it has been specified that the office does not view a crytocurrency as foreign currency or money, rater they are viewed by it in form of a digital commodity. To make it simple the office considered tokens and cryptocurrencies in form of an asset. Just like a diamond, when such assets are traded, purchased, sold or exchanged an event is triggered. Whether such even is to be treated as revenue or capital gain even relies upon the facts and circumstances which surrounds the event. It has been provided by the ATO that when a person indulges into transactions with a Bitcoin it is a form of barter system and therefore similar tax consequences are imposed in the person. The ATO also considers that supplying Bitcoin cannot be subjected to Goods and Services Tax (GST) consequences as it is not a good. Bitcoin for the purpose of capital gain is considered as an asset by the ATO. Thus, when a person enters into a transaction with the use of Bitcoin there are a few specific records which needs to be maintained. These records include the date where the transaction took place, the amount which is included in the transaction in Australian Dollars which can be ascertained through taking data from a trusted online exchange source. The purpose for which the transaction had been entered upon into and who was the other party with which the transaction had been entered upon into. When it comes to personal transaction with the use of Bitcoin the tax consequences are different. In the given situation the ATO given the nature of Bitcoin will not impose or subject the transaction to any GST or income tax implications when a person is not in business or is not operating an enterprise and is merely indulging in payment of goods and services through the use of Bitcoins[5]. For instance when a person is purchasing any goods or services online through the use of Bitcoin he is not to be subjected to GST or income tax provision in relation to the transaction. When Bitcoin is used by an individual for the purpose of buying services or goods for using them personally or for consumption any capital gain or loss which may result out of such transaction is likely not to be considered as it would be treated as a personal use asset. However it has to be remembered that the value of such transaction has to be less than A$10000. When the question is context are related to a transaction which is business in nature rather than personal done through the use of Bitcoin or other crypto currency the treatment of such transaction is done in a different manner. When a person has received bit coin in return of the goods and services provided by them with respect to their business it is their liability to keep a record as a part of their general income the value of Australian dollars. The process is the same when a person receives a consideration which is not in form of cash such as in the barter system or barter transactions. The value provided by a reputed and trusted online exchange has to be considered as the value of Australian dollars. For instance when a person or business gets bit coin in exchange of goods or services, GST may be imposed on the business or the person in relation to the Bitcoin. In situation where the supply of goods and services is taxable there would be a right provided to the business to be able to make a claim for input tax credits with respect to GST which has been charged in relation to Bitcoin provided to them in form of payments. These circumstances are governed through the TR IT 2668 Income tax: barter and countertrade transaction[6]. The primary purpose of the ruling is to provide the ATO with a view in relation to when a countertrade or barter transaction results in assessable income, what is the monetory value which has to be imposed in such transactions and when allowable deduction arise from these kind of transactions as well as sales tax implications of such transactions. According to the ruling simple a barter transaction includes the exchange of goods and services directly with other goods and services rather than the use of money[7]. These transaction can take place between to individuals in a private manner. For instance there may be a exchange of hone grown products between neighbors for the purpose of consumption. The system may also take place in com mercial area where a business may exchange goods and services with another business. Thus if such transactions are not taxed there are chances that the big businesses in order to avoid tax will indulge in bartering big ticket transactions. In addition refined kind of barter has originated in the more recent times in the local and international market place which is also identified by the ATO as countertrading. Thus the ruling is applicable on all forms of countertrading and barter systems transactions[8]. As provided by Subsection 25(1) of the Income Tax Assessment Act 1936 every income which has been derived by a person, other than those income which are exempt and a few termination payments has to be taken for the purpose of assessing the income tax payable by such person[9]. Any consideration which is received by a person or is supposed to be received in relation to a countertrade or barter transaction in credit units or goods and services for the purpose of being assessed under the subsection relies upon the character of the consideration which is held by the person. It has to be noted that when dealing with barter or countertrade transactions they are deductible or assessable to the same extent as any similar credit or cash transaction[10]. In the same way for deriving the income and incurring expenditure timing principles which are applicable on any credit or cash transactions are applicable on countertrade and barter transactions. in situation where an employee is provided a no n cash consideration in return of services provided by them the income is assessed as the purpose of income tax in the same way as a fringe benefit. Thus if an employee receives a bitcoin as fringe benefit it is taxable. It has to be noted that in situation where the sum of a non cash benefit transaction is not more than $300 in a particular year of income, no amount is liable to be assessed under subsection 25(1) as these benefits are subjected to an exception under the provisions of section 23L of the ITAA. Thus in the same way transacting with a Bitcoin under $300 is also likely to be exempted. In addition it has been provided through section 21 of the ITAA that any consideration from countertrade or barter transactions would be valued as the money value or as per section 21A as the arm length value of the received consideration. Generally while providing value to the consideration from a countertrade or barter transaction the office is likely to accept a fair market value throug h which the arms length value or money value is reflected as applicable. In maximum cases the office as a fair market value accepts the price which would have normally been changed by a tax payer from a stranger in relation to sale of good, property or services. However when it comes to countertrade in relation to business organization, the fair market value would be deemed by the office in relation to ever credit unit as an Australian dollar other than when it can be shown that there is a consistent different value of such credit units while trading. Thus the same principles of valuation in relation to transacting with bitcoins are also applicable[11]. Any transactions which are entered upon into through the use of Bitcoin is also likely to be subjected to the provisions for deduction as provided through section 51 of the ITAA. For instance where a car company provides a car to a lawyer for the services provided by him the arms length value of the car will be considered as an allowable deduction towards the car company[12]. A number of changes and fees are imposed by business-oriented countertrade organizations in their members and the degree to which these charges are to be considered as allowable deduction are subjected to the provisions of subsection 51(1) of the ITAA. In maximum situations recurring charges such as transaction or service fee, where they are directly related to the transaction are to be considered as deductible expenses. However under the provisions of subsection 51(1) joining fees is not allowed to be deducted as it is capital in nature. These fees result out of a one time payment through which individuals are provided access to indulge in such trading. Thus in the given situation the same principles are to be applied in relation to determination of deduction with respect to bitcoin and other cryptocurrecy trading[13]. To the degree to which a countertrade or barter transaction of goods is initiated prior to the passing of taxing points by the goods, for instance the end wholesale sales of goods which have been locally manufactured or imported in the country, the liability of sales tax would be imposed upon the goods in a similar manner as compared to position of the goods if imported or sold conventionally[14]. The countertrading or bartering of goods by which their taxing points have already been passed would not be subjected to any sales tax implications. Thus in the same way he countertrading or bartering of Bitcoin or other cryptocurrency where their taxing points have already been passed would not be subjected to any sales tax implications. When it comes to the use of Bitcoin for goods and services the following are the tax implications. Where a person is indulging into a business where he or she is buying items for the business through the use of Bitcoins such as trading stock they would have the right to claim deduction with respect to the value of arms length of the acquired item. However GST has to be paid in relation to the supply of Bitcoin which is done in relation to or in course of business of the enterprise[15]. The calculation of GST would be done with respect to the market value of goods and services. Generally this is equal to bitcoins or other cryptocurrencies fair market value when the transactions had been entered upon into[16]. In addition there are also capital gain tax consequences applicable on bitcoin. These consequences will be applicable in situation where bitcoin is used as part of carrying out the business activity. However it has to be noted that any form of capital gain is decreased with respe ct to the amount which is incorporated in the assessable income in from of ordinary income of a person[17]. In situation where there is a legal agreement between the employee and the employer that the employee is willing to sacrifice his or her salary in Australian dollars in lieu of receiving Bitcoins, the treatment of such payment is bitcoin would be done as a fringe benefit and the employer would have to abide by the provisions of the Fringe Benefits Tax Assessment Act 1986[18]. However where there is no legal agreement between the employee and the employer in relation to the sacrifice of salary, the payment is to be treated as general wages or salary, the employers have the liability of meeting pay as you go obligations in a usual manner. TR 2001/10 Income tax: fringe benefits tax and superannuation guarantee: salary sacrifice arrangements deals with such situation. A person who has the liability of paying wages and salary under the meaning of the ITAA also has the responsibility of paying fringe benefit tax in relation to the taxable value of fringe benefit within a financial year[19] . Generally, as defined in subsection 136(1) of the FBTAA is a benefit which is given to an employee or associate by the employer in relation to the services of the employee. In addition it has been provided that the definition of fringe benefit is exclusive of payment of such wages or salary or a payment which can be considered as a wage or salary in case such payments involves income exempt in relation to the ITAA. Thus in the same way where the employees are provided bitcoin in form of a fringe benefit by the employer the employer is liable to pay FBT in relation to the taxable value of Bitcoin[20]. There are provisions provided by the ATO in relation to the situation of mining Bitcoin as well. In situation where a person indulges in business of mining Bitcoin any form of income with such person games or derives from such transfers in relation to mine Bitcoins to any third party is liable to assessed for income tax purpose[21]. In the same way any expenses which a person in cause for the purpose of mining Bitcoins would be subjected to deduction under the income tax assessment act[22]. The non commercial loss provision may be applicable on any losses with a person has entered in relation to mining activities arising out of Bitcoin. In addition where are taxpayer who indulges into a business of selling and mining Bitcoin will be treated by the ATO as a trading stock. It is the liability of such taxpayers to keep a record of any Bitcoin which are in hand at every income year ending. In addition a person would also be liable to pay GST with respect to any supply of Bitcoin which is made in furtherance or in course of the Bitcoin mining business. The person may also be provided with an opportunity to avail input tax credit with respect to the acquisitions attained in relation to carrying out the Bitcoin mining business. As discussed above there are various Bitcoin ATMs which have been opened across the country. These give effect to exchange transactions in relation to Bitcoins and other cryptocurrencies. There are specific tax consequences of indulging into these kinds of transactions. In situation where a person is indulging in business activities which include selling and buying of Bitcoin inform of an exchange service the proceeds derived by such person in relation to the sale of Bitcoin are to be included for the purpose of the assessable income under the income tax assessment act[23]. In the same way any expenses which have been incurred by the person with respect to any exchange services including those in relation to acquisition of Bitcoin for sale purposes would be allowed as legal deduction. Any taxpayer who holds a bitcoin and indulges into a business which exchanges Bitcoin it would make Bitcoin be considered as a trading stock. In the same way as for mining purposes Bitcoin which are hel d by the person in hand at the end of every in come here has to be accurately recorded[24]. In addition a person would also be liable to pay GST with respect to any supply of Bitcoin which is made in furtherance or in course of the Bitcoin exchang business. The person may also be provided with an opportunity to avail input tax credit with respect to the acquisitions attained in relation to carrying out the Bitcoin exchange business. The consequences of tax with respect to entering into a transaction through the use of a bitcoin exchange would rely on the question that whether the person is supplying or acquiring the cryptocurrency as a part of business transaction or for the purpose of investment or otherwise[25]. These provisions are governed through TR 2001/14 Income tax: Division 35 non-commercial losses. There are a few recommendations which can be provided in relation to ensuring that a person is able to properly take course of taxation of Bitcoin and other Cryptocurrencies in Australia. In the initial stage, to prepare our return of tax in the last part of financial year , the availability of all the information is very much important to us. It is important to make an arrangement before hand and keep in record of all the information that is needed before an individual is organizing his own return of tax or whether a person is willing to make a usage of a taxation adviser. This is the way of having access to every cryptocurrency transactions (sales, purchases and trades). Whenever a person is making a record of them they should make sure to make verification of date, in AUD the transaction of the amount (after even they trade from one cryptoasset to the other one)[26]. There are many exchanges which have such functions that will availability of this function and make it permissible for an individual to print every transactions to a document of excel. In the second stage, a person should not start assuming that the ATO will be turning into a blind eye to cryptocurrency. The final recommendations says that one should seek advice whenever it is required. The landscape of task is ambiguous at many times, specifically when a fresh conception is entirely given to an individual like in merging up of cryptocurrency. An individual should always consult to a tax accountant whenever one feels confused or unsure at any point of tax obligation. The environment and pace of the cryptocurrency market is swift and it is very stimulating as well. Probably a person might be thinking tax as the final thing but it is very essential for a person to realize and recognize ones responsibilities and accordingly an individual should plan ahead. Thus from the above discussion it can be concluded that The Australian Taxation office (ATO) considers Bitcoin as well as other form of cryptocurrencies as a kind of property. As per the tax guidance which has been released by the ATO, it has been specified that the office does not view a crytocurrency as foreign currency or money, rater they are viewed by it in form of a digital commodity. It has been provided by the ATO that when a person indulges into transactions with a Bitcoin it is a form of barter system and therefore similar tax consequences are imposed in the person. The ATO also considers that supplying Bitcoin cannot be subjected to Goods and Services Tax (GST) consequences as it is not a good. In the same way as tax exemptions for barter under $300, transacting with a Bitcoin under $300 is also likely to be exempted. The ATO also considers that supplying Bitcoin cannot be subjected to Goods and Services Tax (GST) consequences as it is not considered as goods. Where a person is indulging into a business where he or she is buying items for the business through the use of Bitcoins such as trading stock they would have the right to claim deduction with respect to the value of arms length of the acquired item. Where the employees are provided bitcoin in form of a fringe benefit by the employer the employer is liable to pay FBT in relation to the taxable value of Bitcoin. The consequences of tax with respect to entering into a transaction through the use of a bitcoin exchange would rely on the question that whether the person is supplying or acquiring the cryptocurrency as a part of business transaction or for the purpose of investment or otherwise. The businesses and individuals associated with bitcoin and other form of crypto currency can take follow the recommendations provided by the paper. References Abramovich, Mark. "coining a new currency."Superfunds Magazine393 (2014): 38. Bal, Aleksandra. "How to Tax Bitcoin?."Handbook of digital currency. 2015. 267-282. Bal, Aleksandra. "Should Virtual Currency Be Subject to Income Tax?." (2014). Bryans, Danton. "Bitcoin and money laundering: mining for an effective solution." Ind. LJ 89 (2014): 441. Chapman, Jennifer L., Benjamin Akins, and Jason M. Gordon. "A Whole New World: Income Tax Considerations of the Bitcoin Economy." (2014). De Filippi, Primavera. "Bitcoin: a regulatory nightmare to a libertarian dream." (2014). DeVries, Peter D. "An Analysis of Cryptocurrency, Bitcoin, and the Future." Driscoll, Brian S., and T. J. Wang. "Accounting and Taxation of Virtual Currencies." (2016). Franklin, Mitchell. "A PROFILE OF BITCOIN CURRENCY: AN EXPLORATORY STUDY."International Journal of Business Economics Perspectives11.1 (2016). Godsiff, Philip. "Bitcoin: bubble or blockchain."Agent and Multi-Agent Hampton, Sam. "Undermining Bitcoin."Wash. JL Tech. Arts11 (2015): 331. Isom, Jennifer. "As Certain as Death and Taxes: Consumer Considerations of Bitcoin Transactions for When the IRS Comes Knocking." (2013). Kucherov, I. I., and I. A. Khavanova. "TAX CONSEQUENCES OF USING ALTERNATIVE MEANS OF PAYMENT (THEORETICAL AND LEGAL ASPECTS)."VESTNIK PERMSKOGO UNIVERSITETA-JURIDICHESKIE NAUKI1 (2017): 66-72. Lee, Taiki. "C. Overseas Cases of Taxation on Digital Currency." Korean Economic and Financial Review 22.3 (2017): 63-65. Liu, Louis, and Chuck Dana. "Crypto Currency and Society." (2012). McCullum, Esq, and N. Paul. "Bitcoin: Property or Currency?." (2015). McCullum, Paul. "Tax Treatment of Bitcoin: Property or Currency?." (2015). McLeod, Patrick. "Taxing and Regulating Bitcoin: The Government's Game of Catch Up."CommLaw Conspectus22 (2013): 379. Patron, Travis.The Bitcoin Revolution: An Internet of Money. Travis Patron, 2015. afka, Ji?. "Virtual currencies in real economy: Bitcoin." (2014). Slattery, Thomas. "Taking a bit out of crime: Bitcoin and cross-border tax evasion."Brook. J. Int'l L.39 (2014): 829. Taxation, Australian. "Tax treatment of crypto-currencies in Australia-specifically bitcoin. Retrieved March 5, 2017." (2013). Tripathy, Chetan. "A Bit of Bother." (2015). Wiseman, Scott A. "Property or Currency: The Tax Dilemma behind Bitcoin."Utah L. Rev.(2016): 417. Wisniewska, Anna.Bitcoin as an example of a virtual currency. No. 1/2016. 2016.
Friday, April 17, 2020
What is the difference between brute, social, and institutional facts Essay Example
What is the difference between brute, social, and institutional facts Paper Searle starts his explanation of social reality by outlining brute or observer independent facts. Searle is a realist and does not subscribe to the view that all of reality is somehow a human creation and that there are only facts dependant on the human mind. The foundation of Searles construction of social reality to use his metaphor of construction is that there is a reality totally independent of us. These facts, which act independently of us, are brute facts. Searles rough and ready approach is to ask whether these features would exist if there had never been human beings or sentient creatures. Would a hydrogen atom contain one electron? Yes. Would a rectangle of plastic with a magnetic strip be a form of exchanging wealth? No. Generally speaking the natural sciences deal with these features. In Searles theory the world is made up of particles in fields of force described by atomic theory and human beings have evolved from ape like creatures due to evolutionary biology. The brute features of an object are an intrinsic part of its existence and are not affected by attitudes towards it, and it is therefore described as observer independent. Searle clearly distinguishes between the features of a stone that are observer independent and observer relative by comparing two statements; that object is a stone and that object is a paperweight. A stone is a stone because of its atomic structure and physical constituents, however the statement that it is a paperweight is dependant on attitudes towards it. Another person may think of it as a weapon, or as a building material. We will write a custom essay sample on What is the difference between brute, social, and institutional facts specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on What is the difference between brute, social, and institutional facts specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on What is the difference between brute, social, and institutional facts specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The difference between brute and observer dependant is reasonably simple when applied to a stone if the barrier of language is ignored, brute facts require the institution of language in order that we can state the facts, but the brute facts themselves exist quite independently of language or any other institutions. Searle uses the example of colours as a more complicated example of brute reality. If Searle had published his theory before the work of seventeenth century physicists he would have asserted that colour only had brute features, however due to advances in light physics colour is now seen as observer relative. Building on the foundation of a brute reality, which is not open to interpretation. Searle then arrives at social and institutional reality. His early example of sitting outside a cafe and ordering a drink in terms of social reality is extremely complex. Searle states that there are three essential components of social and institutional reality that explain the ordinary social relations that occurred in the cafe: collective intentionality, assignment of function and constitutive rules. The assignment of function can be seen as the first building block in Searles construction of social reality. Preceded by the idea that there are brute facts, which cannot be challenged by human thought or intentionality, the assignment of function is a product of thought and consciousness. There are no functions naturally occurring in brute reality. Both humans and animals assign function and uses to objects. There are examples of simplistic functions in the animal world such as an animal using a lake or pool to drink from. The chair I sit on has been assigned the use of me sitting on it because it is the right height off the ground, can support my weight and is comfortable. It is also the product of an industrial process, which has involved the assignment of function at every level of production from the raw materials used upwards. The chair has been constructed with the intention of me sitting but I can also assign different uses to it. Collective intentionality is the second step. Species of animals have a biologically innate collective intentionality, meaning that not only will they co-operate with each other on order to achieve a task, but that they share a collective intentionality. Searle states that we intentionality is irreducible to I- intentionality and that the crucial element is a sense of doing something together, from this we derive our own individuals intentionality from the collective intentionality we share. Searle states that any fact involving collective intentionality is a social fact. Collective intentionality and assignment of function are essential to the construction of social reality. A world of levers, screwdrivers and beauty all require thinking creatures to assign function and to behave with a collective will. Social facts do not require linguistic or cultural apparatus to exist. To use a log as a seat I do not have to possess the linguistic skills to identify the stone to another person through speech or to have seen someone else use it as a seat, it is simply the physical characteristics of the log that appeal to me. This leads on to institutional facts, a special sub class of social fact. Where social facts are created by collective conscious activity, institutional facts also require the institutions of language and culture to exist. Only linguistic creatures can create institutions. Institutional facts require the distinction to be made between regulative rules and constitutive rules. Regulative rules regulate the behaviour of those taking part in an activity. Constitutive rules bring behaviour into existence, the rules constituting that behaviour. A feature of institutional reality is that it can be created by performance utterances. Searle classes these speech acts as declarations, the utterance of this meeting is adjourned creates the fact. Searles explanation of constitutive rules forming an institutional fact is the example of money. His belief is that x counts as Y or that X counts as Y in context C. and this counts in the example of all institutional facts, institutional facts only existing within a system of these constitutive rules. Institutional facts require a set of systematic relations with other facts. Searle uses the example of money in that for money to function it requires other institutions, the institutions of exchange and ownership. Money requires the next step from collective consciousness and imposition of function. The function of money is not assigned because of its physical properties in the way that a branch can be used as a lever. The function of money only exists because of cooperation and acceptance. This is the next logical step required for something to be an institutional fact. To expand on this point Searle uses the example of a wall as an example of assignment of function, collective consciousness and finally institution. Firstly the wall is constructed due to its physical properties, the imposition of function is due to its scale. Searle then imagines that the wall crumbles and gradually evolves from being a physical barrier to a symbolic barrier. The people that have built the wall still think of it as a wall and boundary but it no longer possesses the physical attributes. The crumbling wall has been assigned a status. The example of a wall is central to Searles social reality and the idea of institutional facts, and reveals the continuous line from molecules and mountains to legislation and money, from basic assignment of function to the creation of hugely complex institutions like the stock market.
Friday, March 13, 2020
The Myths of the Founding of Rome
The Myths of the Founding of Rome By tradition, the city of Rome was founded in 753 B.C.* The storiesà about the founding of Rome are conflicting, but there are two main founding figures to look out for: Romulus (after whom the city may have been named) and Aeneas. It is also possible that Evander of Arcadia founded Rome. Much of the information on the founding of Rome comes from the first book of Livys history of Rome. Aeneas as Founder of Rome The Trojan prince Aeneas, an important figure linking the Romans with the Trojans and the goddess Venus, is sometimes credited with the founding of Rome as the culmination of his post-Trojan War adventures, but the version of the Roman foundation myth that is most familiar is that of Romulus, the first king of Rome.à The Romulus and Remus Myth Romulus and Remus were twin brothers, the sons of a vestal virgin named Rhea Silvia (also called Ilia) and the god Mars, according to legend. Since vestal virgins could be buried alive if they violated their chastity vows, whoever forced Rhea Silvia to enter the equivalent of an ancient convent assumed that Rhea Silvia would remain childless. The grandfather and great-uncle of the twins were Numitor and Amulius, who between them divided the wealth and kingdom of Alba Longa (a city founded by Aeneas son Ascanius), but then Amulius seized Numitors share and became sole ruler. To prevent retaliation by the offspring of his brother, Amulius made his niece a vestal virgin. When Rhea became pregnant, her life was spared because of the special pleading of Amulius daughter Antho. Although she kept her life, Rhea was imprisoned. Contrary to plan, the virgin Rhea was impregnated by the god Mars. When the twin boys were born, Amulius wished to have them killed, and so bid someone, perhaps Faustulus, a swineherd, expose the boys. Faustulus left the twins on the river bank where a she-wolf nursed them, and a woodpecker fed and guarded them until Faustulus took them into his care again. The two boys were well educated by Faustulus and his wife, Acca Larentia. They grew up to be strong and attractive. They say that his name was Faustulus; and that they were carried by him to his homestead and given to his wife Larentia to be brought up. Some are of the opinion that Larentia was called Lupa among the shepherds from her being a common prostitute, and hence an opening was afforded for the marvellous story.- Livy Book I As adults, Remus found himself imprisoned, and in the presence of Numitor, who determined from his age that Remus and his twin brother could be his grandsons. Learning of Remus predicament, Faustulus told Romulus the truth of his birth and sent him off to rescue his brother. Amulius was despised, and so Romulus drew a crowd of supporters as he approached Alba Longa to kill the king. The twins re-installed their grandfather Numitor on the throne and freed their mother who had been imprisoned for her crime. The Establishment of Rome Since Numitor now ruled Alba Longa, the boys needed their own kingdom and settled in the area in which they had been raised, but the two young men couldnt decide on the exact site and started building separate sets of walls around different hills: Romulus, around the Palatine; Remus, around the Aventine. There they took auguries to see which area the gods favored. On the basis of conflicting omens, each twin claimed his was the site of the city. An angry Remus jumped over Romulus wall and Romulus killed him. Rome was therefore named after Romulus: A more common account is that Remus, in derision of his brother, leaped over the newly-erected walls, and was thereupon slain by Romulus in a fit of passion, who, mocking him, added words to this effect: So perish every one hereafter, who shall leap over my walls. Thus Romulus obtained possession of supreme power for himself alone. The city, when built, was called after the name of its founder.- Livy Book I Aeneas and Alba Longa Aeneas, son of the goddess Venus and the mortal Anchises, left the burning city of Troy at the end of the Trojan War, with his son Ascanius. After many adventures, which the Roman poet Vergil or Virgil describes in the Aeneid, Aeneas and his son arrived at the city of Laurentum on the west coast of Italy. Aeneas married Lavinia, the daughter of a local king, Latinus, and founded the town of Lavinium in honor of his wife. Ascanius, son of Aeneas, decided to build a new city, which he named Alba Longa, under the Alban mountain. Alba Longa was the hometown of Romulus and Remus, who were separated from Aeneas by about a dozen generations. Aeneas was hospitably entertained at the house of Latinus; there Latinus, in the presence of his household gods, cemented the public league by a family one, by giving Aeneas his daughter in marriage. This event fully confirmed the Trojans in the hope of at length terminating their wanderings by a lasting and permanent settlement. They built a town, which Aeneas called Lavinium after the name of his wife. Shortly afterward also, a son was the issue of the recently concluded marriage, to whom his parents gave the name of Ascanius.- Livy Book I Plutarch on Possible Founders of Rome ... Roma, from whom this city was so called, was the daughter of Italus and Leucaria; or, by another account, of Telephus, Herculess son, and that she was married to Aeneas, or ... to Ascanius, Aeneass son. Some tell us that Romanus, the son of Ulysses and Circe, built it; some, Romus the son of Emathion, Diomede having sent him from Troy; and others, Romus, king of the Latins, after driving out the Tyrrhenians, who had come from Thessaly into Lydia, and from thence into Italy.- Plutarch Isidore of Seville on Evander and the Founding of Rome There is a line (313) in the 8th book of the Aeneid that suggests Evander of Arcadia founded Rome. Isidore of Seville reports this as one of the stories told about the founding of Rome.à A banishd band,Drivn with Evander from th Arcadian land,Have planted here, and placd on high their walls;Their town the founder Pallanteum calls,Derivd from Pallas, his great-grandsires name:But the fierce Latians old possession claim,With war infesting the new colony.These make thy friends, and on their aid rely.- Dryden translation from Book 8 of the Aeneid. Points to Note About the Roman Founding Legend Rome was founded on 21 April 753 B.C., according to tradition. It was celebrated in Rome with the festival of Parilia.Because a woodpecker tended to the twins, the woodpecker was sacred to Rome.In some versions of the story, Rhea was drowned and then married the river god Tiber.When Faustulus first let the twins go, they floated into the river and then washed ashore at the base of a fig tree. This was the site where they built their city.In some versions, Acca Larentalia was a prostitute.The stories of the founding of Rome are just that, stories. The legends, as a whole, are not confirmed by tangible evidence although they can be used to help interpret some bits of archaeological data. * 753 B.C. is an important year to know since some Romans reckoned their years from this beginning time (ab urbe condita), although the names of the consuls were more commonly used to pinpoint a year. When viewing Roman dates you may see them listed as xyz year A.U.C., which means xyz years from (after) the founding of the city. You might write the year 44 B.C. as 710 A.U.C. and the year A.D. 2010 as 2763 A.U.C.; the latter, in other words, 2763 years from the founding of Rome.
Wednesday, February 26, 2020
Gender differences in unionization rates in Canada Research Paper
Gender differences in unionization rates in Canada - Research Paper Example For this reason, there is a need to study the variations that exist in gender rates in unionization in order to understand the underlying causes of why people are joining or leaving unions. This paper looks into detail the variations that has existed in gender unionization rates in Canada and the reasons as to why there exists such variations. This is important as it will ensure that authorities can understand why people are not joining unions by having concrete facts and data at their disposal. The purpose of this study is to understand the gender variations that exists in unionization levels and why the variations exists. The study looks into data from the 1980ââ¬â¢s to 2013 and examines the differences and the fluctuations that has existed in unionization rates and explains why there have been such variations. This research paper utilizes information from various governmental and nongovernmental organizations databases. It further looks into different journal articles and books in order to get information regarding unionization rates in Canada. In particular, this research paper utilizes information from Statistics in Canada in the interpretation of the graph. The information from the government databases and journal articles is reliable and consequently the information in this research paper can be described as factual and precise. From the year 1982 to the year 2013, the overall unionization rate in Canada has decreased. The unionization rate is often defined as the proportion of employees that are union members. The number has substantially declined over the years, in this research paper; the trends in unionization rates especially examined under gender will be studied. It is imperative to understand that the decline in unionization in Canada is not a recent phenomenon and in fact, the unionization rate fell through the years 1980ââ¬â¢s to the year
Sunday, February 9, 2020
Immigration Marriage Fraud in Canada Research Paper
Immigration Marriage Fraud in Canada - Research Paper Example Under the Canadian Immigration and Refugee Protection Act, one of the major objectives is to assist families to reunite. It therefore follows that, permanent residents and Canadian citizens may undertake to sponsor their partners or spouse to enable then obtain permanent residence in Canada (Ward and Belanger 2010). However, this Act has been continuously abused by some individuals who enter into marriage for convenience to defeat the Canadian immigration laws and gain permanent resident in Canada. Fraudulent marriage may take two forms: One, spouse may pretend to be in a relationship that is genuine so that it can be easy for the partner who is being sponsored to gain entry into Canada while on the other hand the sponsoring partner may be given some kind of benefits either financial or other kind in return for the sponsorship. The second kind of fraudulent marriage or marriage of convenience is where one of the spouses genuinely gets into a relationship not knowing that his or her partner only wants to use the relationship to get Canadian permanent resident status (Magana 2003). Under the two instances of marriage of convenience, the relationship is terminated soon after the person who is sponsored gain permanent resident status in Canada, thus marriage of convenience or fraudulent marriages weakens the Canadian immigration system not to mention the difficulty that such fraudulent marriage present especially to the immigrants who are genuine in their endeavors. A case in mind is the recent incident where a young Indian boy committed suicide after his wife married him in India, immigrated to Canada, and walked out on him once she became a Permanent Resident. Gurdip Singh Saroya an Indian man had married his wife Harmanjit Kaur Dhami who arrived in Canada on October 12 to reunite with her husband, on arrival; however, she would not allow her husband to touch her. She insisted that she wanted to go and stay in Toronto on her own. Unable to come into terms with this news Gurdip Singh Saroya her husband could not swallow this emotional fraud from his wife anymore, on one Monday morning, Gurdip Singh Saroya committed suicide by jumping off the Pattullo Bridge. The family of Gurdip Singh Saroya is convinced that the actions of Harmanjit Kaur Dhami the fraud wife as they call her was to blame for their sonsââ¬â¢ death. They have a strong conviction that Harmanjit Kaur Dhami persistence to move to Toronto to stay alone severely affected Gurdip Si ngh Saroya as he realized that he was in a marriage that was strange and unworkable. The family of Gurdip Singh Saroya are also convinced that Harmanjit Kaur Dhami only used her marriage to their son for convenience purposes to gain permanent resident to Canada. In Canada, an individual commits a marriage fraud when he or she enters into marriage for purposes of getting the requisites to attain permanent resident in Canada. For this reason, when a foreign spouse is helped to gain entry into the country and within a short time walks out of the marriage, these spouses automatically subscribes to their community support system which constitutes a marriage fraud. Basically, the institution of marriage is a union that is sacred, and in instances where one of the party to the marriage has genuine feelings and intentions while the other party mostly the party who is sponsored to get entry into Canada, has a deceptive intention of gaining permanent entry into the country, the very core valu es of marriage are defeated and as such that marriage never existed in the first place. The veil behind immigrantsââ¬â¢ marriage must therefore be lifted to establish the true intentions of the parties intending
Thursday, January 30, 2020
Tuition Reimbursement Paper Essay Example for Free
Tuition Reimbursement Paper Essay Often regret their decision. Adults with this degree find that they do not need to prove themselves in every position as much as those with a two-year degrees. Applicants with four-year degrees are hired before two-year degree applicants in most white collar career fields. Upward Mobility-adults with bachelor degrees have greater opportunities for corporate upward mobility, than those without this degree. Scholarships and Grants-Most scholarships and many grants are only eligible to students enrolled in bachelor degree programs. Cost-the tuition costs for a bachelors degree is more expensive compared to nrolling in an associate program. The average cost was $13,424 per academic year for public four-year schools and $30,393 for private four-year schools in 2008 (National Center for Educational Statistics, Fast Facts, 2007-2008). Student Loan debt often places graduates in financial hardship for years following graduation. One thing about the money is that the company will be helping the employees with the tuition so it will be a little easier for them to get started with the program. The employees wont have to worry about getting in debt. Since we have been doing so ood this year, we have provided a budget for this program and any employees who want to go back to college. This is not mandatory for employees. This program will be for employees who are interested in going back to school and dont already have a bachelors degree ( even if they have an associates degree). Some benefits of a bachelors degree According to http://www. ehow. com/facts_5139903 _benefits-bachelors-degree. html and the U. S. Census Bureau, the average lifetime earnings of someone with a bachelors degree is $2. million. A high school graduate can expect to earn $1. 2 illion over his or her lifetime, while a person holding an associates degree can expect average lifetime earnings of $1. 6 million. People with bachelors degrees have higher savings because of their higher incomes, so they can engage in more hobbies and participate in more leisure activities. When it comes to skills, the skills n ecessary to succeed in college and earn a bachelors degree are time management, responsibility, critical thinking skills, ability to communicate. These skills come into play at work as well. It is also important to choose the right college too. The type of ollege that the employees choice will be very important because accredited colleges will be looked for in resumes when hiring. Employers want people not only to have a good education, but to have an education from a really good college. Degrees from accredited colleges and universities are typically valued higher than degrees from schools that are not accredited because of the standards they must meet. Benefits for the company There are many benefits for the employees for getting their bachelors degree. But, there are also great benefits for a company that hires employees who have their achelors degree. One of the benefits is having more time to spend towards the company. Employers wont have to worry about training new employees if they have the experience and skills needed for the Job. Employers can spend that time on things they need to do for the company and less time trying to teach new employers things they should already know. Also, having employees who have a good education from good schools are always well respected for having highly educated employees. It makes the company look good and gives them a good reputation.
Wednesday, January 22, 2020
Comparing Gender-Crossing in Girlfight and Billy Elliot :: Compare Contrast Comparison Essays
Comparing Gender-Crossing in Girlfight and Billy Elliot It seems that the year 2000 was one full of gender-bending films, including Girlfight, starring Michelle Rodriguez. This movie was about Diana, a troubled teenage girl from the projects of New York City. Sent on an errand for her father one day, Diana discovers the secret world of boxing at a gym in Brooklyn. She watches her brother unenthusiastically box in the ring, and then tries to convince the coach to work with her. With time, she starts competing with other lightweights - both male and female. With this newfound confidence, she pulls herself together at school and is able to stay out of trouble. Also made in 2000 was Billy Eliot, starring Jamie Bell, about a boy in Northern England who schleps to weekly boxing classes only to encounter reoccurring defeat in the ring, similar to Diana's brother Tiny in Girlfight. One day, a bunch of tutu-ed girls and their sour instructor begin sharing the space at the gym. All of sudden, Billy becomes hopelessly passionate about dance. Like Diana, Billy rejects conventional gender roles but must hide his new love from his chauvinistic father. The parallels between Girlfight and Billy Elliot are uncanny. Both Diana and Billy enter sports that are not typical for their genders but somehow draw inspiration from the love of their deceased mothers and withstand the rejection from the rest of society. Furthermore, each film ends with triumph - Diana wins the match against her boyfriend, and Billy becomes a ballet star and flies across the stage as the male lead in Swan Lake. Both individuals have tread against the conventions of society. And ironically, in both films, boxing is seen as the epitome of male sport. What happens in the "real world," when individuals enter sports not traditional for their genders? Certainly, it seems that both films revealed realistic outcomes for gender crossing in sports, although Girlfight and Billy Elliot seemed to focus only on the negative social and cultural implications of gender crossing in sports. First of all, gender roles are a very important issue. According to Diana's father and most of the coaches working at the gym, boxing was "a man's sport." In the film Girlfight, Diana was only seen fighting one other girl, while all of her other competitors were male. Furthermore, Diana was the only female practicing at the Brooklyn boxing gym. For anyone walking into the gym, the idea that boxing is in the male realm become perpetuated.
Tuesday, January 14, 2020
Criminal Law Foundations evaluation paper Essay
The Juvenile Justice System Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance to certain crimes and statutes set by the state the juvenile lives in. Juvenile law is primarily run by state law and most states enforce a specific juvenile code the system follows. The juvenile justice system primarily focuses on rehabilitation rather than punishment for youthful offenders. Society appears to concentrate that children are more capable of change than adult offenders more capable of knowing right from wrong (ââ¬Å"Cornell University Law School,â⬠n.d.). The statutes creating the juvenile court systems and methods of allocating with juvenile delinquency are run by courts as a suitable extension of state police power to warrant the safety and welfare of children in the system. The doctrine of parens patriae allows the state to promulgate for the safeguard, care, custody, and upkeep of children within its jurisdiction. In 1968 the Juvenile Delinquency Prevention and Control Act was put into effect, and in 1972 it was put into revision as the Juvenile Delinquency Prevention Act. This act set forth to assist states in dealing with juvenile delinquent acts and assist communities to prevent delinquency by providing services to the community and youths in high risk of subduing to criminal activity (ââ¬Å"Cornell University Law School,â⬠n.d.). The Federal Juvenile Delinquency Act describes juvenile delinquency as an act that is a criminal but is set forth by a youth under 18 years of age. It applies rules that state laws must abide by with concern to juvenile court processes and reprimands (ââ¬Å"Cornell University Law School,â⬠n.d.). Comparison of Juvenile and Adult Courts There are major differences in procedure between the juvenile and adult court systems. In the juvenile system the defendant does not receive a jury trial. The juvenile goes before a judge who decides if a law was broken and what the appropriate punishment is for the youthful offender. Bail that is also commonly used in the adult system is normally not given to minors in the juvenile system. For a juvenile to be free before adjudication, he or she must prove, they are not a flight risk or a further danger to society. Juvenile courtrooms, unlike adult courts are also not open to the public or media because of preserving the privacy of minors in the system (ââ¬Å"Just Cause Law Collective,â⬠2007). Oddly, punishments for juveniles for smaller offenses are sometimes more strict than an adult would face. Probation sentences can be much longer and have many additional terms, such as keeping up grades in school, obeying his or her parents, and abiding by a curfew. Juveniles facing punishment for more serious offenses however do stand a better chance of early release where most adult offenders could face up to life in prison for the same crime. This happens as a result of most juvenile sentences ending once the youth reaches his or her twenties (ââ¬Å"Just Cause Law Collective,â⬠2007). Constitutional Safeguards Criminal juvenile proceedings are kept private when the criminal is juvenile. Juvenile records are also sealed when the juvenile becomes an adult. Names are on ice from newspapers and news reporters unlike in adult criminal cases. Court cases for juveniles are secure to the public with only people pertinent to the case being allowed into the courtroom to protect the identity of the juvenile. Safeguards for juveniles differ from those of adults because juvenile proceedings are kept private whereas those for adults are open to the public. The identity of an adult is public record and their crimes do not get sealed away after a certain amount of time. While juveniles seem to be safe more than adults there are safeguards in place to protect adults as well, such as double jeopardy, which means a person cannot be in accusation for the same crime twice. If adult and juvenile case procedures were the same many juveniles would have criminal records going into adulthood for minor offenses or even just mistakes in judgment that could affect his or her future. Adults have a better understanding of the laws and what is right and wrong in addition the consequences of their choices than juveniles do. A juvenile waiver is occurs when a judge transfers a juvenile into the adult court system. This method releases the juvenile from any protection the youth would have under the juvenile court system. At this point the child is put through the same court process an adult offender would face. In most states the average age a youth would be set forth into the adult system is 17; however in some cases children as young as 13 have faced adult trials. Normally a waiver into the adult courts is put into effect because of a long history of offenses by the juvenile or if the crime is well thought-out to be serious or severely heinous. In 1997 28 states had already put into exclusion the offense of murder from the juvenile system. This meaning that a youth would be sent directly into the adult system if he or she was facing such a charge. This number is most likely going to increase that has put more emphasis on the debate of juveniles sent into the adult system. According to ââ¬Å"Findlawâ⬠(2012), ââ¬Å"Some states also have a legal provision which allows the prosecutor to file a juvenile case in both juvenile and adult court. This takes place when the offense and the age of the youth meet certain criteria. Prosecutorial transfer does not have to meet the due process requirement. Approximately 15 states currently have this provisionâ⬠(Juvenile ââ¬Å"Waiverâ⬠(Transfer to Adult Court)). The most land marking case guiding juvenile waivers is Breed vs. Jones that took place in 1975. This case set forth the rule that a youth cannot be adjudicated in the juvenile system and waived into the adult system. This protects the youth under the double jeopardy law. Realistically this case appears not to have much impact on the juvenile system because juveniles can go through a waiver hearing similar to a trial except for the outcomes (ââ¬Å"Findlaw,â⬠2012). Remanding Juveniles to Adult Courts Over the last several decades remanding a youth into the adult court system has grown in popularity. The public and courts have made it very easy to take a child out of the juvenile system and place him or her into the hands of the adult courts. Most members of society see these measures as a form of fear because of the increase in violent crimes that todayââ¬â¢s youth are participating in. State legislatures enacted statutes that extended the age and offense reach of judicial waiver, legislative waiver, automatic transfer, and prosecutorial discretion and concurrent jurisdiction policies that in return has paved the road of sending children into the adult system very smooth. Some states have provisions in which a child can be sent to adult courts regardless of the offense (ââ¬Å"Campaign for Youth Justice,â⬠2010). Studies prove that more than 200,000 youths under the age of 18 face sentencing in adult courts. Despite that there has been a decrease in juvenile crime over the past few years; provisions making it easier to prosecute juveniles in the adult court system keep increasing. In todayââ¬â¢s current time it appears the scale-weighs in favor of punishing children instead of rehabilitating them into productive members of society (ââ¬Å"Campaign for Youth Justice,â⬠2010). The Miranda Warning The Miranda Warning is a police notice set to criminal defendants brought into custody of law enforcement in the United States before they can ask questions in regard to what took place during the crime they are facing charges with. Law enforcement officials can only ask for precise information such as name, date of birth, and address without reading the suspects his or her Miranda warnings. Confessions and other information that an individual provides him or her will not be well thought-out admissible evidence unless the individual is aware of and give up his or her Miranda rights. Threatening or forcible methods of police interrogation were once generally referred to as undergoing the third degree. Today, as defense against any likelihood of police intimidation, society has the Miranda Warning (ââ¬Å"Mirandawarning.org,â⬠2010). In 1968 the final version for the Miranda Warning was set by California deputy attorney general Doris Maier and district attorney Harold Berliner. Before the establishment of the Miranda Warning, confessions had only to be intentional on the suspect. This made a difficult situation for law enforcement, who often met with evidence at trials that the defendant was not of sound mind or were under indirect pressure when he or she gave his or her confessions. The Miranda Warning protects societyââ¬â¢s rights by clarifying his or her choices clearly and supports police power when law enforcement properly reads the Miranda Warning and gets clear, intellectual answers that the suspect understands his or her rights as they have been clear up. The Miranda Warning is a legal requirement all over the United States, and differs only slightly in wording in different states (ââ¬Å"Mirandawarning.org,â⬠2010). References Campaign for Youth Justice. (2010). Retrieved from http://www.campaignforyouthjustice.org/documents/UCLA-Literature-Review.pdf Cornell University Law School. (n.d.). Retrieved from http://www.law.cornell.edu/wex/Juvenile_justice FindLaw. (2012). Retrieved from http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html Jones, W. G. (2006). U.S. Departemnt of Health and Human Services. Retrieved from http://www.childwelfare.gov/pubs/usermanuals/courts/chapterfour.cfm Just Cause Law Collective. (2007). Retrieved from http://www.lawcollective.org/article.php?id=64 MirandaWarning.org. (2010). Retrieved from http://www.mirandawarning.org/
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