Sunday, December 29, 2019

A Guide to Legal Research and Citation - Free Essay Example

Sample details Pages: 8 Words: 2537 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? Legal research and citations Meaning of Research The term à ¢Ã¢â€š ¬Ã‹Å"researchà ¢Ã¢â€š ¬Ã¢â€ž ¢ has received a number of varied meanings and explanations. In its ordinary sense, the term refers to a search for knowledge. The Advanced Learnerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Dictionary of Current English spells out the meaning of à ¢Ã¢â€š ¬Ã‹Å"researchà ¢Ã¢â€š ¬Ã¢â€ž ¢ as à ¢Ã¢â€š ¬Ã‹Å"a careful investigation or inquiry specifically through search for new facts in any branch of knowledgeà ¢Ã¢â€š ¬Ã¢â€ž ¢. Don’t waste time! Our writers will create an original "A Guide to Legal Research and Citation" essay for you Create order According to the Websterà ¢Ã¢â€š ¬Ã¢â€ž ¢s International Dictionary, à ¢Ã¢â€š ¬Ã‹Å"researchà ¢Ã¢â€š ¬Ã¢â€ž ¢ is à ¢Ã¢â€š ¬Ã‹Å"a careful, critical inquiry or explanation in seeking facts or principles; diligent investigation in order to ascertain somethingà ¢Ã¢â€š ¬Ã¢â€ž ¢. While Webster Dictionary explains the term à ¢Ã¢â€š ¬Ã‹Å"researchà ¢Ã¢â€š ¬Ã¢â€ž ¢ to mean à ¢Ã¢â€š ¬Ã‹Å"a systematic investigation towards increasing the sum of knowledgeà ¢Ã¢â€š ¬Ã¢â€ž ¢. D Slesinger and M Stephenson perceived the term à ¢Ã¢â€š ¬Ã‹Å"researchà ¢Ã¢â€š ¬Ã¢â€ž ¢ as à ¢Ã¢â€š ¬Ã‹Å"the manipulation of things, concepts or symbols for the purpose of generalizing to extend, correct or verify knowledge, whether that knowledge aids in construction of The 1911 Cambridge edition of the Encyclopedia Britannica defines research as: The act of searching into a matter closely and carefully, inquiry directed to the discovery of truth and in particular, the trained scient ific investigation of the principles and facts of any subject, based on original and first hand study of authorities or experiment. Investigations of every kind which has been based on original sources of knowledge may be styled research and it may be said that without à ¢Ã¢â€š ¬Ã‹Å"researchà ¢Ã¢â€š ¬Ã¢â€ž ¢ no authoritative works have been written, no scientific discoveries or inventions made, no theories of any value propounded à ¢Ã¢â€š ¬Ã¢â‚¬Å" Legal research is the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation. The processes of legal research vary according to the country and the legal system involved. However, legal research generally involves tasks such as: 1) finding primary sources of law, or primary authority, in a given jurisdiction (cases, statutes, regulations, etc.); 2) searching secondary authority (for example, law reviews, legal dictionaries, legal treatises, and legal encyclopedias such as American Jurisprudence and Corpus Juris Secundum), for background information about a legal topic; and 3) searching non-legal sources for investigative or supporting information. Legal research is performed by anyone with a need for legal information, including lawyers, law librarians, and paralegals. Sources of legal information range from printed books, to free legal research websites and information portals to fee database vendors such as Wolters Kluwer, Chancery Law Chronicles,[2] LexisNexis, Westlaw, and Bloomberg Law. Law libraries around the world provide research services to help their patrons find the legal information they need in law schools, law firms and other research environments. Many law libraries and institutions provide free access to legal inf ormation on the web, either individually or via collective action, such as with the Free Access to Law Movement. In practice, there are three categories of legal research tasks assigned to paralegals. While each of these categories have different purposes, the legal research must be performed in the same manner for each of them. The three categories of assignment are legal research performed to obtain background in an unfamiliar area of the law; legal research in preparation for an upcoming meeting, hearing, or deposition; and legal research in preparation for writing a opinion letter for the client or a memorandum of law to the court. Background Legal Research Background legal research is the most general of the legal research assignments. It is research to determine what the law is in a particular field. The research is broad in scope and designed to determine the general legal principles that apply in that area of the law. In this sense, it is much like the law studied i n paralegal education classes à ¢Ã¢â€š ¬Ã¢â‚¬  very broad and not tied to any specific aspect of the clients legal problem. Background legal research is performed out of academic interest. It is a necessary step in determining what advice to give the client if the field of law is unfamiliar to the lawyer. The lawyer must first understand the broad issues of the field before deciding on more specific legal research tasks. This may include gaining an understanding of the policies and goals underlying a particular area of the law. Just because background legal research is broad in scope does not mean that you should not have a thorough grasp of the clients legal problem. Knowing why the background legal research is necessary helps narrow your research. An assignment to research the insurance requirements for registered vehicles traveling on public streets is more easily performed if you know that the client is charged with operating a moped without insurance. Event-driven Le gal Research This type of legal research is performed because it is likely an issue will come up at a court hearing or client meeting. You will perform this type of legal research any time there is a discrete issue requiring a specific answer. A common example is an evidentiary question à ¢Ã¢â€š ¬Ã¢â‚¬  you might be asked to conduct legal research to determine if a witness can testify about a conversation with your client. Event-driven legal research is designed to determine the answer to a very narrow and specific question. Event-driven legal research requires detailed knowledge about the specific legal problem. The results of this kind of legal research are always determined by the facts of the clients problem. If your legal research discovers alternative solutions, these will also depend on the facts. It is imperative that the results of this type of legal research be placed in a specific factual context. This kind of legal research is narrowly focused and looks for re sults. Your research should not address issues of policy or effects of other laws unless those questions are appropriate for the client. Alert Staying focused on the clients problem is essential when conducting legal research. The scope of the law is very broad à ¢Ã¢â€š ¬Ã¢â‚¬  there is always another court opinion or another statute that might affect the results of your research. If you follow every trail, you will delay your conclusion and run up a big bill for the client. Be thorough, but do not overdo it. Legal Research in Preparation for Writing Lawyers often use the results of legal research to present written advice to clients or to prepare written arguments to a court on behalf of a client. The writing usually has a specific purpose. The opinion letter will discuss the effect of a contract provision so that the client can decide whether to agree to the provision; the written argument will support the clients position concerning enforcement of a settlement. S ince only lawyers can write letters to clients giving legal advice and only lawyers can file written arguments with the court, this kind of research is not a final product but is used to formulate a final product. The results may be supplemented or supported by other legal research as necessary.This kind of legal research is somewhat broader than event-driven legal research. Although the result is important in this kind of legal research, it is often necessary to understand why the result was reached. Questions of policy and relationship to other laws are valuable context for the results of this type of legal research. Methods of research DOCTRINAL LEGAL RESEARCH Doctrinal legal research, as conceived in the legal research domain, is research à ¢Ã¢â€š ¬Ã‹Å"aboutà ¢Ã¢â€š ¬Ã¢â€ž ¢ what the prevailing state of legal doctrine, legal rule, or legal principle is. A legal scholar undertaking doctrinal legal research, therefore, takes one or more legal propositions, prin ciples, rules or doctrines as a starting point and focus of his study. He à ¢Ã¢â€š ¬Ã‹Å"locatesà ¢Ã¢â€š ¬Ã¢â€ž ¢ such a principle, rule or doctrine in statutory instrument(s), judicial opinions thereon, discussions thereof in legal treatises, commentaries, textbooks, encyclopedias, legal periodicals, and debates, if any, that took place at the formative stage of such a rule, doctrine or proposition. Thereafter, he à ¢Ã¢â€š ¬Ã‹Å"readsà ¢Ã¢â€š ¬Ã¢â€ž ¢ them in a holistic manner and makes an à ¢Ã¢â€š ¬Ã‹Å"analysisà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the material as well as of the rules, doctrines and formulates his à ¢Ã¢â€š ¬Ã‹Å"conclusionsà ¢Ã¢â€š ¬Ã¢â€ž ¢ and writes up his study. For example, a legal researcher interested in criminal law might start with proposition dealing with right against selfchilot.wordpress.com72 incrimination. Research then takes place in the law library, where he will à ¢Ã¢â€š ¬Ã‹Å"locateà ¢Ã¢â€š ¬Ã¢â€ž ¢ the proposition (along with its d ifferent contours) and its discussions in treatises and textbooks on criminal law, criminal procedure, and constitutional law, encyclopedia and leading legal periodicals. He will also try to locate all relevant judicial pronouncements of the higher judicial institutions delved into the right against selfincrimination. He will then à ¢Ã¢â€š ¬Ã‹Å"readà ¢Ã¢â€š ¬Ã¢â€ž ¢ these materials and à ¢Ã¢â€š ¬Ã‹Å"analyzeà ¢Ã¢â€š ¬Ã¢â€ž ¢ them by applying his power of reasoning and will, premised on analytical perspective and the material used, draw some conclusions about the proposition. He then will write up his study. He may, in his study advance a set of formulations, supportive or otherwise, with convincing à ¢Ã¢â€š ¬Ã‹Å"reasoningà ¢Ã¢â€š ¬Ã¢â€ž ¢ about the proposition-the right against self-incrimination. He, in his research report, may offer an alternative comprehensive paradigm of the doctrine. With a view to drawing parallels between the doctrine or rule u nder inquiry, he may also find a comparable doctrine or rule from other jurisdictions. He may, depending upon à ¢Ã¢â€š ¬Ã‹Å"objectivesà ¢Ã¢â€š ¬Ã¢â€ž ¢ of his research, also propose a new formulation of the rule or doctrine, a model statute or a statutory provision. He may also highlight the purpose and policy of law that exist and may propose what it ought to be. Doctrinal legal research, thus, involves: (i) systematic analysis of statutory provisions and of legal principles involved therein, or derived therefrom, and (ii) logical and rational ordering of the legal propositions and principles. The researcher gives emphasis on substantive law rules, doctrines, concepts and judicial pronouncements. He organizes his study around legal propositions and judicial pronouncements on the legal propositions of the appellate courts, and other conventional legal materials, such as parliamentary debates, revealing the legislative intent, policy and history of the rule or doctrine. Classic works of legal scholars on the law of torts and administrative law do furnish outstanding examples of doctrinal legal research. Non doctrinial research In the recent past, doctrinal legal research has received a severe jolt due to change in the political philosophy of law from the laissez faire to the welfare state envisaging socio-economic transformation through law and legal institutions, the consequential new substantive and functional facets of law, and certain compelling pragmatic considerations arising from this metamorphosis. Prominent reasons and arguments stressing the need for inquiry into social facets of law are: First, the emergence of sociological jurisprudence and its underlying philosophy assigned à ¢Ã¢â€š ¬Ã‹Å"lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ the task of à ¢Ã¢â€š ¬Ã‹Å"social engineeringà ¢Ã¢â€š ¬Ã¢â€ž ¢. Almost every modern civilized State perceives à ¢Ã¢â€š ¬Ã‹Å"lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ as an active instrument of socio-economic justice and thereby a vehicle of social engineering. This new operational facet of law has inevitably led to enactment of enormous statutes with specified socio-economic drives. In fact, we have come to live in an age is of social welfare laws. Secondly, in the light of such a role assigned to law, it is argued, it becomes necessary to look into the à ¢Ã¢â€š ¬Ã‹Å"factorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ or à ¢Ã¢â€š ¬Ã‹Å"interestsà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the Legislature that play significant role in setting the legislative process in motion and in identifying the beneficiaries thereof and the reasons therefor. These à ¢Ã¢â€š ¬Ã‹Å"factorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"interestsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (for putting law in motion for the desired planned socio-economic change), indicate, rather dictate, à ¢Ã¢â€š ¬Ã‹Å"frameworkà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the law as well reveal the choices opted by the Legislature when it faced with alternative à ¢Ã¢â€š ¬Ã‹Å" pathsà ¢Ã¢â€š ¬Ã¢â€ž ¢ towards, or à ¢Ã¢â€š ¬Ã‹Å"strategiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ for, the intended legislative goal. Thirdly, it becomes necessary to carry out frequent attitudinal studies of those whose legal position is sought to be modified by a given law as well as of those who are vested with the power of interpreting and implementing it so that the Legislature, armed with this feedback, can fulfill its job in a more satisfactory manner. Fourthly, a number of facts or factors that lie outside a legal system may be responsible for non-implementation or poor implementation of a given piece of social legislation. A systematic probe into these factors and their influence on the operation of law, therefore, becomes necessary to identify these bottlenecks and to design appropriate strategy to remove them or to minimize their influence on the law so that the law can be made an effective instrument of socio-economic transformation. Fifthly, there is nearly always a certain à ¢Ã¢â€š ¬Ã‹Å"gapà ¢Ã¢â€š ¬Ã¢â€ž ¢ between actual social behavior and the behavior demanded by the legal norm and certain à ¢Ã¢â€š ¬Ã‹Å"tensionà ¢Ã¢â€š ¬Ã¢â€ž ¢ between actual behavior and legally desired behavior. Identification of the à ¢Ã¢â€š ¬Ã‹Å"gapà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"tensionà ¢Ã¢â€š ¬Ã¢â€ž ¢ as well as factors responsible therefore becomes necessary for strengthening potentials of law as a vehicle for socio-economic justice. CITATIONS Legal citationis the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions (cases), statutes, regulations, government documents, treaties, and scholarly writing. Typically, a properlegalcitationwill inform the reader about a sourcesauthority, how strongly it supports the writersproposition, its age, and other,relevantinformation. This is an example citation to aUnited States Supreme Courtcourt case: Griswold v. Connecticut, 381 U.S. 479, 480 (1965). This citation gives helpfulinformationabout the cited authority to the reader. The names of the parties are Griswold and Connecticut. Generally, the name of the plaintiff (or, on appeal, petitioner) appears first, whereas the name of the defendant (or, on appeal, respondent) appears second. Thus, the case isGriswold v. Connecticut. The case is reported in volume 381 of theUnited States Reports(abbreviated U.S.). The case begins on page 479 of that volume of the reporter. The authoritative supporting material for the writers proposition is on page 480. The reference to page 480 is referred to as a pin cite or pinpoint. The Supreme Court decided the case. Because the U.S. Reports publish only cases that the Supreme Court decides, the court deciding the case may be inferred from the reporter. The authority supports the proposition directly because it is not qualified with a signal. If it had offered only indirect or inferential support for the proposition, the author should have preceded the cite with aqualifying signalsuch asseeorcf. The authority is from 1965, so either the clear and enduring wisdom of this source has been venerated by the test of time, or this clearly dated relic of another era is obviously ripe for revision, depending upon the needs of the writer. During a legal proceeding, a legal citation analysis i.e. usingcitation analysistechnique for analyzinglegal documents- facilitates the better understanding of the inter-related regulatory compliance documents by the exploration the citations that connect provisions to other provisions within the same document or between different documents. Legal citation analysis uses acitation graphextracted from aregulatorydocument, which could supplementE-discovery- a process that leverages on technological innovations inbig data analytics Some countries have ade factocitation standard that has been adopted by most of the countrys institutions. Australia Australian legal citationusually follows theAustralian Guide to Legal Citation(commonly known as AGLC) Canada Canadian legal citation usually follows theCanadian Guide to Uniform Legal Citation(commonly called the McGill Guide) Germany German legal citation Netherlands Dutch legal citation follows theLeidraad voor ju ridische auteurs[5](commonly known asLeidraad) United Kingdom Oxford Standard for Citation Of Legal Authoritiesis the modern authority oncitation of United Kingdom legislation. Guidance for UK government drafters is provided inStatutory Instrument Practice.[6] USA U. S. legal citation follows one of: Bluebookstandard ALWD Citation Manual

Saturday, December 21, 2019

Applying Alfred Adlers Personality Theory to George W...

When choosing a â€Å"famous† person on which to do my research proposal on I decided on one of my favorite presidents in my time. George W. Bush seemed to be the most â€Å"real† president we have had in office since the 90’s. Next, I chose Adler’s theory to apply to Bush do to the fact that is the theorist that most closely applied to Bush’s life. Let ‘s start with some back ground about George W. Bush and then apply Adler’s theory. George W Bush was born on July 6, 1946. He was born in New Haven Connecticut where his father was attending Yale University. George’s father had served in World War II as a Navy pilot ; he was using his GI bill like many other veterans to get back into the flow of civilian life. (Wade, 1999) After his father†¦show more content†¦He became governor of Texas in 1994. In 1999 first governor to re –elected for a four year term. He became the 43rd president of the United States on Januar y 20, 2001. (Wade, 1999) Now on to how Alder applies to George W Bush’s life. First let’s start with the where bush stands in his family constellation. He is the first born of six children. (Wade, 1999) According to Adler prediction the first child is the â€Å"problem child.† First born children are achievement orientated and feel entitled to rank. Since they were born first they always prefer to be on top. (FragerFadiman, 2013)According to research done parents are more anxious with their first born and therefore push them harder then any of their other children. Research also shows that many first born’s are type A personalities. (FragerFadiman, 2013) He tried hard all his life to stay on top in his parents eyes. George has always been an achiever. When he was young he attended Camp Longhorn in the Texas Hill Country. (Wade, 1999) Even at Camp he received the highest honor by receiving the Campfire Lighter Award. You can only receive it once and you receive it by being an outs tanding camper. (Wade, 1999)Since his was young George has followed in his father’s footsteps. He chose the same prep school his father, Phillips Academy in Massachusetts. Both him and his father attended Yale University. (Wade, 1999) He later attended Harvard to get his masters

Thursday, December 12, 2019

Revenue Management Mixture of Science

Question: Discuss about the case study Revenue Management for Mixture of Science. Answer: Introduction Revenue management is a mixture of science and art to enhance the revenue obtained through various conditions. Revenue management is a tool used in management whose primary aim is enhancement of sales revenues through manipulation of the prices at which availability of fixed products such as airline seats or hotel rooms are made for sale in respect to the forecasted and current demand (Edwards 94-95, 2012). Consumer are nowadays very noticeable about the fact that whatever price they will have to pay for a hotel rooms or airline services it varies greatly based upon the point of how they make their decision of purchase and the availability of hotel rooms and airline e seats. This become different in the manner that customers understand the cost of these services/products has been comparatively new but accepted worldwide. Along with the development of the revenue management, usage of various analytical procedures for predicting customer demand and enhancing the inventory and to enhanc e revenue through price availability became much more technical and disciplined. To understand the perception of the customers and product price alignments properly, availability and placement with each and every customer segment is the main essence of this disciplines. History The catalyst for revenue management is the deregulation in the field of airline industry. Often the terms yield and revenue management gets confused, yet there is a major difference between both the disciplines. Prediction of the consumer behavior through forecasting demand and optimizing prices for several different types of products and segmenting markets whereas yield management refers that through inventory control revenues must be maximized. Hence a tactical application within the expanding field of revenue management is the yield management (Talluri and Van Ryzin, 2004). To cover fixed operating expenses by filling least number of seats was the reason revenue management was born. Once the expenses were met, the remaining capacity can be sold at higher prices to enhance revenue along with profit. Revenue Management in Hotel Industry The benefits of using the revenue management were understood by the hotel industry by witnessing the benefits the airlines industry received and due to that reason they also adopted the strategy but initially the techniques growth was held by. The reason behind this is the shortage of appropriate availability of the technology to manage date and the lack of meaningful in formations regarding the guests. The final challenge that the hotel industry face how to administer to manage the length of stay a feature which was not faced by the airlines industry (Vaeztehrani, Modarres and Aref 97-119, 2015). Definition and Calculation Occupancy A hotels occupancy rate is among the most important signs to measure success. Its a KPI Calculation of a hotel which portrays the percentage of rooms rented for a certain period of time. To recognize the average daily rates, forecast and apply revenue management it is important for hotels to keep a track of their occupancy rates. The occupancy rate of a hotel is evaluated by the division of the total number of occupied rooms with the total number of vacant rooms of that particular hotel (Soon Kim 25-47, 2010). For example, if a hotel consists of 200 rooms and 150 rooms of the hotel are occupied and the remaining 50 are vacant, then the occupancy rate of the hotel will be = (Total number of rooms occupied / Number of rooms total of the hotel) multiplied by 100 = (150 / 200) * 100 = 75% of occupancy. To increase occupancy rates of the hotel it has to use some strategies by using the length of stay procedure. For example, firstly when high demand period is anticipated the hotel must apply a rule of maximum length of stay which means only giving rooms to customers who will stay for longer periods instead of shorter periods. Secondly when rooms can given on high rates at that time also the above strategy can be applied an lastly, when there is a huge demand for rooms in the hotel, the hotel should apply the closed to arrival strategy which states giving rooms to those guest who were staying through from previous nights instead of them who arrived on the day in question. Hence this strategies can enhance the occupancy rate of any hotel (Agarwal 9-17, 2002). ADR Average Daily Rate or ADR is a statistic used mainly in the hospitality sector which states or indicates average room rent per day. It is a KPI (Key Performance Indicator) for calculating the average price or rate for each and every room that is sold for a particular day. Other KPIs except ADR are occupancy rates which we have described earlier and Rev PAR which will be described next ("Modelling And Prediction Of A DestinationS Monthly Average Daily Rate And Occupancy Rate Based On Hotel Room Prices Offered Online", 2015). All of these KPIs are used for measuring the performance of operating of a particular lodging unit which can be either a hotel or a motel. It is one of the most common financial indicators for measuring whether the performance of a particular hotel is successful against other hotels which have the similarity in the characteristics such as clientele, location, size, etc. Against the historical performance of a hotel ADR can be calculated. Calculation of ADR is very simple. It can be evaluated by division of the room revenue by the number of rooms sold or rented. For example = Room Revenue/Rooms Sold (Jeffrey 509-522, 1985). Complimentary rooms and house rooms are not included in the denominators. Rooms that are occupied by the hotel employees or management members are known as House Use are not included as they cannot be rented or sold hence they cannot generate income. Whereas complimentary rooms do not possess a concrete value hence for the calculation of sale hence they are also excluded. RevPAR Revenue per available room also known as (RevPAR) in short, is a statistic used for measuring financial performance in the industry of hospitality. It is a statistic which measures both the room occupancy and rates is among the most valuable measuring device of health within the hotel operators. It is calculated by multiplication of ADR (Average Daily Rate of rooms) by its rate of occupancy. It can also be calculated by division of total room revenue of a hotel by the total number of available rooms while the calculation is on process (Kimes 138-144, 1999). For example, the first method of calculation: (Total Room Revenue in a particular period, Net of Discounts, Sales Tax, and Meals) (Number of rooms available at that particular period) Another procedure to evaluate RevPAR is: Rate of Occupancy multiplied by Average Daily Room Rate Among all ratios used in the hotel industry RevPAR is the most important one. The rason behind it is that it calculates room rates as well as occupancy, a easy picture of how properly and effectively a company can fill its rooms is provided by this ratio and how much the company can charge is also portrayed. On the basis of per room RevPAR is calculated due to which one organization might accquire higher RevPAR than the other one yet revenues can be low if the other organization possess more rooms. This quality of RevPAR also makes it not helpful for a person who might try to assess two hotels or hospitality properties. Moreover growth in RevPAR never means that there is a increase in the hotels profit. The reason behind it is that it does not any information on profits or use any measures of profitability. Hence solely focusing on RevPAR, might lead to decline in revenue as well as profitability (Fabiola 315-323, 2007). Many managers of different hotels are turning completely toward s the ADR (Average Daily Rate) as their measurement for performance. The reason behind it is positioning of price is found as one primary drivers of a hotel occupancy. Hence, if rooms of a property is accurately priced, there must be a rise in its occupancy and there should also be an increase in its RevPAR. Understanding performance of the hotel and showing reasons According to the STR report the 3 key findings are : Occupancy rate The hotel is having high occupancy rate on average throughout the running 28 days STR report in comparison to its competitors. RevPAR Index The RevPAR index of the hotel is low as compared to the change percentage of the market. ADR The ADR (Average Daily Rate) comp set is better when compared to its compititors (Fabiola 315-323, 2015). Provided 2 additional ways to review competitor behavior A model used for investigating the environment in which an organization or a product works to createcompetitive advantage is called Michael Porters Five Force Model (Asad). Porters Five Forces analysisis done on measuring the following five primary areas: 1. The power of buyers 2. The threat of entry 3. The power of suppliers 4. Competitive rivalry (advantage), and 5. The threat of substitutes. Examples of yield management strategies shown to improve the hotel Forecast Demand The starting stage is to gauge vitality for your bound thing. Any person who is in this business for at whatever time period have absolutely seen there's a subject with reference to when vitality for rooms blows hot and cool. We undeniably understand that booking an over the top number of one-night keeps concentrated understood night like a Saturday assembles we are obliged to release more customers who need to book distinctive night stays taking everything into account that hot Saturday and a less-pervasive "shoulder" night (a night interfacing an ordinarily fathomed night). The trap is to assess early what number of rooms we have to keep down for those more beneficial, multi-night customers. While we can make some sensible suspicions in the setting of a day of the week, time of year, even current money related conditions, we can never be 100% certain that there will be a willingness for X number of rooms on either specific date (Emeksiz, Gursoy and Icoz 536-551, 2006). Rates Driving revenue by using different rates: Rack rates: The regular rate that guests are quoted. Based on category of room, type of bedding, and occupancy. Rates for groups and tours: Discounts for group of customers who book more than one or two rooms For offering tour operators to create continuous occupancy. Rates for promotion: For example, students, business travellers airline staff Discounts for regular markets Rates of packages: Inclusion of different elements Special events Timing Rise your costing when theres a huge demand, and offer useful discounts to lure deal petitioners when demand is not high. You can do this according to: Day of week Season Peak periods Time of day Up-selling cross-selling Procedures such as sell-up and cross-selling every customer are another ways to drive incremental revenue. Its a win-win situation as long as the customers are offered relevant extras: youre improving their experience residing with you, and even making it valueable your while. Some ideas: Transfers through shuttle Up gradation of rooms Hiring of equipments Activities tours Car rental Tickets for various events 4C Strategy of Yield Management Yield connection is the umbrella term for a procedure of structures that pull in most remote point obliged alliance business tries to see flawless pay from operations. Inside considered yield association is for giving the correct sponsorship of the exact client on accurate time at the exact cost. That idea wires careful essentialness of connection, client, time, and cost. The association can be depicted by estimations of the connection, how and when it is passed on, and how, when, and whether it is saved. Timing joins both the sorting out of the connection transport and the arranging of when the client makes known the stinging for the alliance, whether by reservation or by strolling around the business. Cost can be set by the timing of the association, the building of the reservation, the kind of connection, or as appeared by a different rule that has every one of the stories of being sensible. At long last, the client can be portrayed by qualities identifying with the alliance, the sorting out, and the cost. The perfect consequence of a compensation connection structure is to match clients' chance and alliance credits to their ability to pay-guaranteeing that the client gets the required relationship at the hurt for the time at a commendable cost, while the affiliation gets the most astounding pay conceivable given the client and business qualities(Bayraktaroglu and Kutanis 149-154, 2003). The fundamental levels of yield alliance can be abridged as four Cs: to be specific, date-book, clock, cut off, and cost. They are bound together by a fifth C: the client. The critical levels of yield connection are set up to sorting out alliance timing and surveying to clients' energy to pay for the relationship in a relationship with its masterminding. In the setting of clients' breathing room levels and qualities, the association can move the vitality of those clients who are in light of current circumstances regard unsteady yet time wanton to off-crest times. Moving that interest clears prime times for clients who are all around time delicate yet brought wanton. Stakeholders and communication with them for the better future of the hotel Stakeholders of a hotel: Manager (General) Manager (Assistant) Department of Food and Beverage Department of Marketing Department of Engineering Department of Accounting Room Department Human Resource Department Department of Laundry Department of Security Team of Web Designing Firstly the General Manager is the important stakeholder of the hotel with whom communication of yield management strategy must be done. He should be given responsibility for enhancing the strategy of Right Hotel Room Pricing; which stated that the rooms should be priced according to the different situations the hotel is facing or might face which can be anticipated such as anticipation of huge demand of room at a particular period or on any occasions. Secondly the Food and Beverage Department is also an important stakeholder of the hotel (Caneen and Gu 109-110, 1998). This department must realize the strategy of yield management as this department is associated with supply of food and beverages to the customers they must also follow the strategy of Up Selling and Cross-Selling. Lastly the Assistant manager is also the main pillar of the company hence he should be communicated about the Forecast demand strategy of yield management for the betterment of the hotel (Verginis and Stephen Taylor 358-376, 2004). Other areas for revenue management defined Techniques such as revenue management can be used by hotels for evaluating the total revenue potential from its customers through revenues from :- Spa Services Charging the guests for the spa service the hotel provides to the customers (Kimes and Singh 82-95, 2008). Business Centre Services Charging the delegates or the customers of the hotel for renting the banquet halls or any other business conference centre for conducting their business seminers or meetings. References Agarwal, V. "An Analysis Of Smith Travel Research Occupancy Estimates: A Case Study Of Virginia Beach Hotels".The Cornell Hotel and Restaurant Administration Quarterly43.2 (2002): 9-17. Web. Asad, Mohiuddin. "Porter Five Forces Vs Resource Based View - A Comparison".SSRN Electronic Journaln. pag. Web. Bayraktaroglu, Serkan and Rana Ozen Kutanis. "Transforming Hotels Into Learning Organisations: A New Strategy For Going Global".Tourism Management24.2 (2003): 149-154. Web. Caneen, Jeff and Zheng Gu. "Yield Management And Its Practical Application In Hotels".The Journal of Hospitality Financial Management6.1 (1998): 109-110. Web. Edwards, Sarah. "Revenue Management: Maximising Revenue In Hospitality Operations".Journal of Revenue and Pricing Management12.1 (2012): 94-95. Web. Emeksiz, Murat, Dogan Gursoy, and Orhan Icoz. "A Yield Management Model For Five-Star Hotels: Computerized And Non-Computerized Implementation".International Journal of Hospitality Management25.4 (2006): 536-551. Web. Fabiola, Sfodera. "Examining The Determinants Of Room Rates For Hotels In Capital Cities: The Oslo Experience".Journal of Revenue and Pricing Management5.4 (2007): 315-323. Web. Jeffrey, D. "Trends And Fluctuations In Visitor Flows To Yorkshire And Humberside Hotels: An Analysis Of Daily Bed Occupancy Rates, 19821984".Regional Studies19.6 (1985): 509-522. Web. Kimes, S. E. and S. Singh. "Spa Revenue Management".Cornell Hospitality Quarterly50.1 (2008): 82-95. Web. Kimes, S. E. "The Relationship Between Product Quality And Revenue Per Available Room At Holiday Inn".Journal of Service Research2.2 (1999): 138-144. Web. "Modelling And Prediction Of A DestinationS Monthly Average Daily Rate And Occupancy Rate Based On Hotel Room Prices Offered Online".Tourism Economics(2015): n. pag. Web. Rhee, Hosung Timothy and Sung-Byung Yang. "Does Hotel Attribute Importance Differ By Hotel? Focusing On Hotel Star-Classifications And Customers Overall Ratings".Computers in Human Behavior50 (2015): 576-587. Web. Soon Kim, Hong. "Hotel Property Characteristics And Occupancy Rate".International Journal of Tourism Sciences10.3 (2010): 25-47. Web. Talluri, Kalyan T and Garrett Van Ryzin.The Theory And Practice Of Revenue Management. Boston, Mass.: Kluwer Academic Publishers, 2004. Print. Vaeztehrani, Amirhossein, Mohammad Modarres, and Samin Aref. "Developing An Integrated Revenue Management And Customer Relationship Management Approach In The Hotel Industry".Journal of Revenue and Pricing Management14.2 (2015): 97-119. Web. Verginis, Constantinos S. and J. Stephen Taylor. "Stakeholders' Perceptions Of The DCF Method In Hotel Valuations".Property Management22.5 (2004): 358-376. Web.

Thursday, December 5, 2019

Lindbergh Essay Research Paper LindberghLindbergh s nonstop free essay sample

Lindbergh Essay, Research Paper Lucky lindy Lindbergh s nonstop flight across the Atlantic was successful because of his cognition, his experience, his thoroughness and his fortune. Lindbergh had been a stunt pilot on the barnstorming circuit and had flown and navigated mail planes for old ages. So when he set out to win the 20 five thousand dollar award offered for the first nonstop flight across the Atlantic, he knew he had adequate experience to make it. Now he would hold to pick the right plane. He studied all the planes available. With a batch of research and supplication he chose the Ryan Monoplane. Lindbergh had the plane modified, and personally supervised all the alterations. The planes wingspan was extended 10 pess to assist with take off and all about flight, and besides because he might hold heard the stating, wider is better. He increased the fuel capacity from 50 to four 100 and 50 gallons. We will write a custom essay sample on Lindbergh Essay Research Paper LindberghLindbergh s nonstop or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This would let him to wing the aeroplane for three hundred stat mis after he arrived in Paris. He put a two hundred-horse power, radial, air-cooled, Wright Whirlwind engine. The plane now had a top velocity of one 100 30 stat mis per hr. He added stronger set downing cogwheel to back up the alterations he had made, and he replaced the cockpit place with a cane chair to farther cut down weight. Lindbergh was 25 old ages old when he flew from Long Island, New York to Orly Airport in Paris. He navigated with a magnetic compass and a seaman s sextant. He had no wireless because the wirelesss were every bit large as cattles back so and besides because there was nil good on the wireless so anyhow. He brought a bottle of H2O and five sandwiches: two jambon, two beef, and one egg with mayonnaise. After go forthing Long Island, the first land Lindbergh saw was Ireland, merely as he had planned. He arrived at Orly Airport in Paris after about 30 hours. After the flight Lindbergh was made a hero. Songs of courage were written about him. One of the most popular was lucky lindy. To be the first individual to wing across the Atlantic was an unbelievable thing. Lindbergh was the first in a long line of aeroplane pilots to put new records that none idea was possible.

Sunday, November 24, 2019

Exegetical Research Paper

Exegetical Research Paper The book of Isaiah refers to the book of salvation. This brings out the meaning of the name Isaiah, which means that the lord is salvation. In the bible, Isaiah is the first book that contains the words of the prophet. The writer of the book Isaiah refers to the prince of prophet. He is also the seer of scriptures, and he is the best author. His scriptures are rich in vocabulary and the excellent grammar, which has made him to be titled as the Shakespeare of the bible. He was a spiritual and educated man, regardless the temptations in the world. He served in the ministry of God for more than 50 years. He loyal and loved the people of his country. According to the traditions, his death occurred as a martyr during the reign of King Manasseh. It is suggested that he was placed between two trunks of trees and cut in two pieces. His vocation as a forecaster of God was to go to the land of Judah and Jerusalem. He went to ask the people of Judah and Jerusalem to repent from sins and pray to God. He also prophesied the coming of Christ Jesus and the lord’s salvation. His prophesies occurred in their times, and others are yet to happen including the second coming of the messiah. Isaiah served his long ministry in Jerusalem, which was the capital city of Judah. In Judah, there was many politics and the city of Israel was in two kingdoms. His calling was to advise the people of Judah and Jerusalem to repent their sins. Isaiah was a current prophet of Amos, Hosea, and Micah. Salvation is the key theme in the readings of Isaiah. However, there were other themes such as sanctity, punishment, captivity, judgment, the salvation of the coming Christ, and the fall of the land. The initial 39 scriptures of Isaiah consist of verses concerning the judgment of Judah and a message for repenting and being holy. The people of Judah showed a different way of worshiping God and they had corrupted hearts. God sent Isaiah to the people of Judah to purify them, but the people did not listen to the message. The prophet Isaiah foretold the detention and demise of Judah. Nevertheless, Isaiah encouraged the people of Judah that there was hope and God had promised to give a Redeemer. The last scriptures of Isaiah consisted of God’s communication of hope, forgiveness, and comfort. God was informing the people that his proposal of salvation and blessing would be through the coming of Christ. In Isaiah 7:14 says, â€Å"therefore the Almighty himself will offer a symbol: behold, a virgin will get a child and the baby will be a son, and she will name the child as messiah†. The title ‘virgin’ is referred differently in many scriptures. The word HaAlmah denotes the virgin. The gospel of Mathew and the Septuagint version quotes the passage in Mathew 1:23 translate it into Greek. In chapter 7: 16 -20 says, â€Å"the child shall know to refuse the evil and select the good deeds, the land that will forsake abhorrest shall be abandoned. The Yahweh shall bring upon the people, the father’s house and upon thee. The day has not yet happened since the period of Epharim and the king of Assyria left Judah. The day shall come to happen, the Lord shall hiss for the fly that is in the topmost part of the rivers of Egypt, and the bee is in the land of Assyria. They shall come and rest those in the desolate valleys, and in the holes of the rocks, and upon all thro nes and bushes. In that same period, the Lord shall shave with a razor that is hired. The hair on the feet and the head shall also devour the beard†. These verses show the passage of Jesus, as he is the only one who will come and say that the jubilee is here and that he has come to set the people of God free. He comes to set the people of Assyria and Egypt free, and the once who believes in him. He will demonstrate and declare that the kingdom of Yahweh has happened. Jesus manifestation, lifetime, demise, and revival will rescue the people from worst exile than the Babylonian Detention. He will fight for his people, death, enemies of sin, and Satan in hell. This will bring God’s promised favor. He will announce and reveal the gospel and the believers will enter into the kingdom of God, reign, and have everlasting life. Jesus confirmed that he is looking for true confidence in him as the Messiah. In Luke 4, he states to the Jews, â€Å"Truthfully, I state to you, no prescient is tolerable in his town.† He is clearly displaying that even his town neighbors forbidden him†. Consequently, Isaiah 7: 14-15 talks of Jesus, and it alters everything for the modern listener. This is because Jesus recognizes himself as the ordained One, and he instructs the Centre of Israel. This was also clarification of this passage, as all the Law and Prophets will reject him. Therefore, the passage is not mainly about God taking Israel back to the Assured territory after exile. Instead, it is primarily a prediction of God congregating his blessed people, Gentile and, Jew. This is under his decree through Jesus Christ through the authority of the Holy Spirit. In short, Jesus ends the quoting of Luke 4 in the book of Isaiah 61:2b, â€Å"as the time of vengeance of God.† The first arrival of Jesus’ first was not for stating judgment; it was for announcing that the empire had come in his being and effort. Jesus said in John 3:17-18 that, â€Å"For Yahweh did not refer his Son to the earth to critic the world, but to protect the world in order the world be free from judgments.† Jesus came to the world so that he can reconcile, and accomplish it by conveying the favors of God. He accomplished the favors of God through his demise and revival. In the recent times, people still believe that Jesus Christ will come back. There is main difference in the churches today where Christians cannot live the gospel, but live with the gospel that Jesus declared. The church can declare the work of Jesus demonstrates the shape of gospel. This is where the good news is declared and the redemptive reign, and releases the oppressed. This provides emotional and spiritual healing, and consoling those who grieve. Christians live in spiritual way of life in order to accomplish and convey the favors of God. All the Christians want to get the salvation; hence, they live according to the commandment s of God. Christians believe that helping, obedience, talking the truth and worshiping God is the right way to live in the gospel of Christ. Some believers tend to disobey the gospel of Christ because they only hear histories of Christ and they have never seen him. This tends to create differences in their beliefs. In Isaiah 9, 13-16 says, â€Å"the people who will turn unto him, they do not need to seek the lord of host. Therefore, in the same period Yahweh will cut off the branch and rush, the Israel head and tail. The honorable and ancient, he is the king and the forecaster that teach false is the tail. The kings of this people cause then go wrong, and they will all be destroyed.† This shows that there were consequences and hope for the people who repented and those who did not repent as well. He stated that, God’s people are provided with hope and that the exile is not the end of everything. Regardless of the darkness of outcast in Babylon, the will is restoration of light in the promised land of Judah. In the beginning of the book, Isaiah has recognized a servant full of Spirit that will be the Savior of God’s servants in the future of redeeming period. The crucial cultural context of Isaiah is associated to the Day of Jubilee, and the fiftieth time in a series of sabb atical ages. God commanded that after six years, the territory would practice a â€Å"Sabbath† in the seventh year. In seven series of seven years, the land sold in the past 49 years would be reimbursed to the main property owners or their successors. This showed that all the indentured followers were to be permitted to go back to their personal land. When Isaiah brought the notion of the Day of Jubilee, some people proclaimed that the captives would be permitted to leave the prison. The Lord will defend the people who are suffering, and turn their grief into happiness. The assured anointed followers will not just take the Jews back to their territories. He will escort in the last year of Jubilee. This is also the day God’s agreement blessing will everlastingly fall on his followers, while sinners and the sorrowful people will not be remembered. The category of Isaiah as a prophet in the book is simply to ask the people to repent and there is hope for the people on earth. In this specific section, Isaiah shows that the timeline of the past will happen. His aim is to give hope for upcoming generation who are waiting for restoration to the Assured territory. In summary, the passage of messiah converses that; Messiah will welcome the anointed in the Jubilee. This is through the restoration of Yahweh, who will favor his people. This will be in form of rescue, healing, joy, and freedom for the people of God. The Savior will initiate a new era where the sinners will be not be remembered. The lord says that, there will be endless happiness for the people of God. However, even if the leaders do not obey his commands, they will also perish. Isaiah emphasizes this because all this prophesies will occur and Yahweh must be glorified. The main theme of this passage shows that God’s favors are being presented through the recovery of Judah. This shows that this theme repeat sin the writings of Isaiah. He repeatedly reminds people that the faith of restoration is guaranteed to every human, as it is the assured Redeemer. The notion of Isaiah is that, the Savior will appear in the name of Yahweh, oiled with his spirits and bring the people of God from exile. The current listeners may ask whether all this prophesies will happen. Christ is the assured Messiah who conveys Jubilee for the people of God. The ministry of Isaiah foreshadows the coming of Christ who will fulfill the initiation of the people who have acknowledged Christ as their savior. The church continues to preach about the gospel of Jesus Christ. The second coming of Jesus Christ makes Christians a glimpse of what the new world would look like. The coming of Christ also conveys the final recovery and new period where all suffering and sin will be ruined. He also makes believers to have hopes that he is coming again for them. The believers believe that one day they will go to heaven where all their problems and poverty will end. They would have all the happiness and richness without mourns or sadness. The salvation will be full of praises and worships of God. This is the reason why Christians goes on believing and living according to the commands of a god because they will live in joy in heaven. The verses declare the time of the lord’s favor, and day of the lord’s vengeance; to console all the ones who are mourning. It also give comfort to the mourning in Zion; to provide them a crown instead of ashes, the oil of rejoicing instead of crying, a clothing of praise instead of unpleasing spirit; so they will be named as oaks of blamelessness, planted by God, and they may be worshiped. There are relatively minimal exegetical issues that create problem in translating these verses. The verses are ambiguous and not clear for people to understand the main point. The lord has sent Isaiah to heal the broken hearts, to declare liberty to the prisoners and freedom to the captives. The subject of freedom of prisoners will be free if they accept to repent and worship God. It is stated that the blind will open their eyes and see clearly. This shows that the people who will repent their sins, they will be able to avoid the temptation of sins. The scripture of Isaiah has the textual variation. It states that to offer for those who grieve in Zion: to provide them with a crown as an alternative of ashes, the oil of happiness instead of a cloth of praise as an alternative of dull essence. The Almighty plants those who are called oaks of honest. However, the scripture of Isaiah shows that worshiping is something that has a meaning. Adonai brings salvation to his people so that he can show that he is the majesty, splendor, and he is worth to be worshiped. The word anointed is referred to massah in Hebrew. At the same time, the word massah means to smear. However, it is generally mean, â€Å"anoint, sanctify.† In the book of Isaiah, past participle is utilized. In the Old Testament, the word anoint appears almost 80 times, and the word is usually used to show being taken apart for a precise purpose or office. The word Messiah is derived from mÄ Ã… ¡ah, which is referred to â€Å"the anointed.† In English, the word messiah is known as a divine power. It involves the divine and invincibility defense of being equipped and qualified for the responsibilities. The Messiah is the â€Å"I AM† spirit. The word Good News in Hebrew refers to basar, which means, â€Å"to tolerate or distribute cheerful intelligences.† Isaiah recognizes himself as the writer of the vision. He foretold in the period of Jotham, Uzziah, Hezekiah, the king of Judah, and Ahaz. This shows that he was the main prophet in Judah. In his book, he involves his call of visionary ministry, and started after the death of the king if Uzziah. He is mentioned in the book of two King where he adds a bit, of what the readers know about Isaiah as a person. The book of Isaiah is set against the background of the exile, and discourses the people who returned from Babylon. Isaiah conveys a message of criticism, and he wanted the people of Judah to repent. He conveys a message of agreement blessings and restoration in the land.

Thursday, November 21, 2019

Real estate law Coursework Example | Topics and Well Written Essays - 2250 words

Real estate law - Coursework Example to be followed when the rent is defaulted, the provisions available under the break clause for the tenant and what needs to be done by both landlord and tenant when the agreement is made outside of Part II of the Landlord & Tenant Act 1954. As per the Landlord and Tenant Law UK, there have been proposed new procedures for landlords when there is a default from a commercial tenant. It is necessary for the commercial landlords to review their procedures when there is an instance of commercial tenants default in giving rent. The new rules and regulations for commercial tenants default came into existence from April 2012. The name of the new process is given as Commercial Rent Arrears Recovery or CRAR. The rule is being made in such a way that it is only be available in case of pure rent arrears along with any other components associated with the rent, which is considered to be a part of the rental like VAT and interests on rent. However, service charges and insurance would not come under consideration. The CRAR will replace the common law that offers right to the distress of rent (Martin 2009). As far as the distress is concerned it allows the landlord to sell off the goods of the commercial tenant up to the value of the rent without initiating any legal proceedings. With the new law it is mandatory for the landlord to initiate legal proceedings before selling off the commercial tenant’s goods to recover the rent. In this scenario as the tenant, Spotted Dice Limited, is a defaulter of the rent to the landlord, the landlord has every right to file a case against the commercial tenets under the CRAR Act and proceed accordingly to recover the rent and the associated components that come under the rental of the commercial premises (Pawson & Mullins 2010). According to Justice Minister Helen Grant, the aim of the introduction of the new law is to protect the vulnerable people from aggressive bailiffs. In this scenario if the landlord has a written lease or rental