Capability Maturity Model Essay Example for Free

Capability Maturity Model Essay This report is split in to two parts, Part A of this report will aim to firstly define the Capability Maturity Model (CMM) and secondly critically asses the importance of the model in relation to Software Quality Management. The aim of Part B will be to first assess the benefits of gaining accreditation against the CMM for software companies, secondly explain why the CMM is important for Indian outsourcing organizations and provide examples of companies, and lastly critically evaluate the differences between the CMM and the TickIT scheme by identifying the strength and weakness of both methods. PART A 2. Capability Maturity Model (CMM) The Capability Maturity Model (CMM) was developed at Carnegie Mellon University by the software Engineering Institute (SEI) and it provides a frame work for process improvement. (8) 2. 1 Five levels of (CMM) CMM has five maturity levels that lay successive foundations for continuous process improvement. Looking at figure1 in 2. 2, we can see that each maturity level comprises a set of process goals that when satisfied, stabilize an important component at the software process. (9). The Capability maturity model is organized in to five levels. Below is a description of each one: * Initial (Level 1): At this level the software process is ad hoc and projects succeed through individual heroism. ( 8) * Repeatable (Level 2): At this level basic project management processes are established to track schedule, cost, and functionality. (9) * Defined (Level 3): At this level the software process for both management and engineering activities is documented, standardized and integrated into a standard software process for the organisation. (9) Even though the Organization has a well defined process, it does not necessarily support it with quantitative measurements. (8) * Managed (Level 4): At this level detailed measures of the software process and product quality are collected and both the software process and product are quantitatively controlled and understood. (9) * Optimizing (Level 5): At this last level the organization makes quantitative measurements of its projects and makes use of those measurements to tune the process. (8) 2. 2 Diagram of the five levels Figure 1. CMM model (2) 3. Important of the model in relation to the SQM A lot of attention has been given to improving the process of designing, developing, and delivering software applications. The Software Engineering Institutes CMM Model is designed to help us evaluate the maturity of our Software development processes. The Capability Maturity Model recognizes that there are tools and processes that, while not directly involved in the production of code, aid in the overall Software Quality Management process. (1) The CMM is now popular and has been effective in emphasizing the importance of process improvement. Process improvement is an important Total Quality Management concept and significant research has focused on the design and evolution of the software development processes with the intent to enhance their capability and maturity. The Software Engineering Institute (SEI) has developed specific models to evaluate, diagnose, and evolve the capabilities of the software development process. (4) As mentioned in 2. 1, the SEIs Capability Maturity Model (CMM) defines an evolutionary path from ad hoc, chaotic processes to mature, disciplined processes. Process maturation, as assessed by the predictability of development outcomes in terms of quality, budget, and schedules is enhanced when feedback is meaningfully generated and utilized to recalibrate and fine tune the software process design. (4) Report evidence have suggested that organizations implementing a Capability Maturity Model-based software process improvement have realized gains in development cycle time and programmer productivity. (4) However Reports also suggest that organizations face difficulties in adhering to the sequence, as recommended by CMM, in which changes to the development process needs to be implemented. (4) In conclusion lack of theory informing the conceptualization of the Capability Maturing Model stages raises questions about the rationale for the suggested sequencing to develop process capabilities. Limited attention has been devoted to define process management, identify and define its constitutive dimensions, and develop reliable and valid measurement instruments for each of these dimensions. (4) Process improvement is one aspect of Total Quality Management that needs to be integrated with other core Total Quality Management principles, such as customer focus and viewing the organization with an integrated systems perspective. These essential aspects of Total Quality Management are currently missing in the Capability Maturity Model (CMM). (4) Integrative theory development is required to understand the relationships between process management practices and other elements of the development organization, which enable or constrain effective process management. (4) Generally the Capability Maturity Model recognizes that moving from a craft approach, where performance is largely a function of individual skills, to a factory approach, where the process plays a dominant role, is necessary to improve software development performance). Many Information System developers could perceive process-based approaches such as the CMM as deskilling their job and increasing managerial control over systems development tasks. Such a change is likely to be resisted by IS developers and could be a cause for failure of these approach. (4)

Chief Justice Earl Warren Essay -- essays research papers fc

Chief Justice Earl Warren Earl Warren was born March 19, 1891 in Los Angeles, California. Earl’s father was a Norwegian immigrant, which left him dealing with prejudice and equal rights at a very young age (Grace, 1). This lead to early indications that law would be Earl’s profession. Even before entering High School, he listened to criminal cases at the Kern County courthouse. Attending the University of California at Berkeley, Warren worked his way through college. He majored in political science for three years before entering the law school at UC. â€Å"He received his B.L. degree in 1912 and his J.D. degree in 1914. On May 14, 1915, he was admitted to the California bar. After graduation Warren worked in law offices in San Francisco and Oakland, the only time in his career when he was engaged in private practice† (White, 61). The young lawyer became a deputy district attorney in Alameda County, and eventually became district attorney in 1925 when is opponent decided to resign from th e race (Weaver, 40). He would go on to win the next four elections. â€Å"During his fourteen years as district attorney, Warren developed a reputation as a crime fighter. As a prosecutor Warren was sometimes accused of high-handedness in his methods, but in thirteen years and in thousands of cases ranging from murder to window-breaking, he never had a conviction reversed by a higher court† (Ely, 964). Warren served as attorney general from 1939-1943, enjoying the image of an effective foe of racketeers. In 1948, Warren was the Republican Party's nominee for vice-president of the United States. He and fellow republican Thomas Dewey would end up losing the race, the only election Warren ever lost, to Democratic candidate Harry S. Truman. In 1953 President Dwight D. Eisenhower appointed Earl Warren the fourteenth Chief Justice of the United States Supreme Court (Compston, 101). This new job would prove to be the most important and difficult job Warren had ever taken. â€Å"He inherited a court that was deeply divided between those justices who advocated a more active role for the court and those who supported judicial restraint† (Compston, 133). Among the Warren Court's most important decisions was the ruling that made racial segregation in public schools unconstitutional. The Brown vs. The Board of Education case dealt with the segregation of public schools. Although all the schools in a ... ... Brown vs. the Board of Ed. Case from this source. In addition, this book contain a lot of criticism that Warren faced because of his ruling. Weaver, John D. Warren: The Man, the Court, the Era. Boston: Little, Brown and Company, 1967. -  Ã‚  Ã‚  Ã‚  Ã‚  This book provided information about Warrens career early on, most importantly his becoming District Attorney of California. White, Edward G. Earl Warren: A Public Life. New York: Oxford University Press, 1982. - This source had information about Warren’s accomplishments in school and his job right out of school. Internet Sources: Cray, Ed. â€Å"Landmark case Biography: Earl Warren†. Earl Warren/Brown vs. Board of Ed. Information page. 1997. 5 March 2005 < http://www. landmarkcases.org/brown/warren.html>   Ã‚  Ã‚  Ã‚  Ã‚  - This website contained a great deal of information about the Brown vs. Board of Ed. case. Grace, Roger M. â€Å"Earl Warren, Norwegian American†. Earl Warren Information Page. June 1998. 4 March, 2005 < http://www.mnc.net/norway/warren.htm> -  Ã‚  Ã‚  Ã‚  Ã‚  This website provided me with information about the end of Warren’s career and his retirement.

Examination of the Role of Evolution Theory Essay

In this paper I will briefly describe the evolutionary theory in general, and specifically as it relates to the study of criminology. I will examine the ways in which natural selection has shaped the processes which motivate human behavior, especially in terms of how competing for limited resources and ensuring that one’s genetic code is passed on are linked to aggressive behavior. Two crimes of which I have personal knowledge will be evaluated, with emphasis placed on the ways in which evolutionary theory may account for the aspects of criminal behavior in each. Finally, I will reflect on the ways in which evolutionary theory may help further our understanding of the causes and predictors of criminal behavior and whether it should become a focus of a practitioner’s efforts to help prevent crime and reduce recidivism on an individual and programmatic level. Evolutionary theory is the study of the ways in which human behavior has been shaped over the history of the development of our species through the process of natural selection. Since human behavior includes criminal behavior, the study of evolutionary theory can he helpful in our understanding of the causes of crime. Evolutionary theory seeks to better understand and possibly predict today’s criminal behavior by examining the history of humans as a species to determine the root source of aggressive and violent behavior. Natural selection is the process by which certain naturally-occurring adaptations get passed on from generation to generation because they provide some advantage to survival and reproduction (reproductive success). Simply stated, if one of our ancestors has a genetic trait that makes him or her more likely to survive, mate, and reproduce in a harsh social and physical climate, this trait will be carried on to his or her children. While on the other hand, an individual lacking this trait will be less likely to reproduce and pass his or her traits on to the next generation. Over time, the gene traits that are favorable to survival and reproduction continue to pass from one generation to the next, to eventually be present in modern man. This is survival of the fittest, that the most genetically fit individuals are the ones who survive and pass their gene pool on to the next generation through sexual reproduction. Evolution through natural selection is a slow process, however, and the environment can change much more quickly than the evolutionary process. This means that the adaptations which increased likelihood of survival and reproduction in our ancestral environment thousands of years ago do not necessarily help us to do so today. Neanderthal’s did not have access to supermarkets, match.com, or central heating. Modern man does have access to plentiful resources, but our brains have not had the time to catch up. In fact, these traits that once helped keep us alive as individuals and as a species can be harmful in our current environment, which is fundamentally different than the environment in which these drives were formed. In his seminal book, On Aggression (1966), Konrad Lorenz posited that aggressive behavior is inherited to help an individual to protect scarce resources, such as mates and food (Lorenz, 1966). Whereas aggression may have made it more likely that you would successfully compete for food and mates in our distant past, it now leads more often to what is considered antisocial and criminal behavior. The two crimes that I will discuss today were carried out by offenders with whom I have worked directly, which provides me with some unique insight into the situations, backgrounds, and psychological mindsets of the actors involved. Last spring, Joe stabbed his girlfriend of 5 years multiple times in the face, chest, and neck. His girlfriend, Donna, sustained multiple life-threatening injuries requiring emergency surgeries and were nearly fatal. If not for the quick response by first responders and the effective interventions of ER staff and doctors, this crime would be classified as a murder. Donna had filed a protection-from-abuse order a year before the assault, after Joe confronted and assaulted her for believing that she had been sleeping with another man. This order was broken several times before the stabbing took place, but Joe was quickly released each time. In my opinion, an evolutionary theorist would say that this act of violence was motivated by the fear of losing one’s mate, and therefore his means by which to reproduce. If this had occurred in our ancestral environment, the motivation may have been more necessary as males would be competing for a limited number of female mates, but this is certainly not the case today. Some other facts about Joe are that he was diagnosed with bi-polar disorder and was not medicated because he could not afford his prescriptions. He had dropped out of school in 10th grade, leaving him limited employment opportunities, he was an active substance dependant, and he was raised in a single-parent household after his mother died in a car accident when he was 7. Joe’s father left his other son (Joe’s brother), who was only four years older, to take on the majority of Joe’s upbringing from this point on. In my opinion, even though Joe may have had an innate drive to protect what he believed to be a threat to his mate, it was the lack of protective forces and the presence of a combination of criminogenic risk factors, across multiple disciplines, which led to his criminal behavior. Evolutionary theory might have been able to describe why some of the mechanisms by which Joe’s aggressiveness developed, but it could not account for the crime itself because everyone is born with these same innate aggressive mechanisms. The second crime I will describe was an assault carried out by members of rival gangs in a dispute over a female and rights to prime drug-selling territory. Desmond is a member of the CRIPs gang and is involved in selling cocaine and marijuana in Northeastern PA. He has a prior record of three Possession of a Controlled Substance with Intent to Deliver charges, two convictions for Assault, and was currently on probation. One day during the summer, he came home to his apartments at the Sherman Hills development to find his girlfriend talking with a member of a rival gang, the Bloods, whom she claimed to know from elementary school. The Bloods are also involved in selling drugs in this area, and both gangs often feud over how the territory should be broken up, but this area was clearly marked as belonging to the CRIPs. Desmond confronted the man, and after he claimed that he was â€Å"disrespected†, beat him up and smashed his head on the curb with his foot. Evolution theorists would state that the motivations involved in this crime would be hatred between rivals (unrelated acquaintances) based on competition for limited materials and intangible resources like social status and respect (Daly & Wilson, 1997). The resources in this case being exclusive access to the money to be made in an area with a high concentration of â€Å"consumers†. The other environmental factors at play here are the perceived threat to Desmond’s girlfriend, or mate, who is the means by which his gene pool will be passed on. In addition, Desmond gave as reasoning for his crime the fact that he had been disrespected and had to reassert his social status through a violent reaction. Although I believe all of these evolutionary motivations to be valid, I don’t believe that it was innate drive alone which led to this crime. Anyone who is in a situation where he feels disrespected becomes angry, but not everyone responds by causing permanent damage to the offender’s facial nerves. As Bartol & Bartol state, â€Å"there is little evidence to justify portraying humans as innately dangerous and brutal or as controlled by instinct† (Bartol, 2011, p. 116). I believe that it was the presence and interplay of a number of criminogenic risk factors which decided whether this interaction would end with words or fists. In this case, the risk factors with the most influence on behavior were low socioeconomic status, lack of a pro-social peer group, lack of access to gainful employment opportunities, and antisocial attitudes and beliefs, among others. There were the difference between how you or I would have reacted and how a gang member reacts. If these risk factors were mitigated by programs initiated to reduce Desmond’s criminogenic risk and to provide him with access to protective factors, the crime most likely could have been avoided. There would be no way, however, to change his innate biological drives, developed over thousands of years of evolution, because these drives are static. I believe that evolutionary theory can help us better understand how and why the physiology and functioning of the brain developed the way it did through the process of natural selection. I also believe that this can be useful to our â€Å"investigation of the mind’s structure and operations† (Daly & Wilson, 1997). This knowledge can help us look for explanations for why some individuals engage in criminal behavior and to better understand the mechanisms by which this behavior occurs; which can give us insight into developing more effective interventions (Ward & Durant, 2011). I think that the evolutionary theory can help us to understand macro-criminality, but I do not believe that this understanding can help us nearly as much in our search for the causes and predictors of crime on an individual level. Working to reduce an individual offender’s risk of recidivating requires a careful analysis of what factors led him or her to lack the ability to control these in nate drives and an intervention program to help them to learn to do so. Every person alive today has been shaped by the same evolutionary process, so what are the factors that lead some individuals to be able to keep these drives in check and make rational decisions while others give in to their primal desires and engage in criminal behavior? I believe that the answer to this question is that individuals who engage in criminal behavior are exposed to some combination of biological, sociological, and physiological criminogenic risk factors while lacking the presence of protective factors which may have neutralized these risks. On these factors is where I believe we should be focusing our efforts and studies. Daly & Wilson state that the insights into the workings of criminal behavior â€Å"should not be viewed as alternatives to sociological and psychological analysis, but as complementary components of a more complete understanding† (Daly & Wilson, 1997) In this way, I believe evolutionary theory can give us insight into the â€Å"how† and the â€Å"why† of criminal behavior, but I believe we should be looking more closely at the â€Å"who†, â€Å"where†, and â€Å"when†. References Lorenz, K. (1966). On aggression. New York: Harcourt Brace Jovanovich. Daly, M. & Wilson, M. (1997). Crime and conflict: Homicide in evolutionary psychological perspective. Crime & Justice, 22, 51–100. Bartol, C. R., & Bartol, A. M. (2011). Criminal behavior a psychological approach. Upper Saddle River: Prentice Hall. Ward, T. & Durrant, R. (2011). Evolutionary behavioral science and crime: Aetiological and intervention implications. Legal and Criminological Psychology, 16, 193-201.

Oedipus Rex Analisys - 895 Words

In Oedipus Rex, Sophocles portraits one of the most intriguing and fascinating traits of the human nature: the search for truth regarding who we are and the realization of the paths reserved by our future fate. The play starts with the presentation of the main character: Oedipus, the king of Thebes. Sophocles presents Oedipus to the reader as a majestic figure who addresses his attention to the people of Thebes from his palace. The city had been hit by a devastating plague due to Laà ¯os (the previous Theban king) murder and Oedipus was believed to be able to help them overcome that hardship. As the play develops, the reader is provided with the fact that Laà ¯os, Oedipus biological father, and Iocastà ª, his biological mother, learned†¦show more content†¦At the end of the play, Oedipus hit his eyes but he could see the truth about himself. Should we blame Oedipus for everything that happened? Should the king be held responsible for Iocastà ªs death and his own suffering and shame? Indeed, the tragic hero is responsible for some circumstances that happened during the play. For an instance, he was directly connected to Là ¯ons death. He did not control his own emotions and exploded in rage, fatally attacking the former Theban king and his few companions. This action itself was the initial step to his whole tragic fate. But his actions alone should not be considered as enough evidence to blame him if we take the whole context into account. According to the play, Oedipus fate was already set up by the Gods even before his birth. How the king could change and control his own destiny? How would he be able to change Gods wishes? Up to which extent should Oedipus be responsible for the consequences of actions that, although he was part of them, he was unable to control? Oedipus was nothing rather than a key character used b y Apollo who was the true architect of this whole tragedy. The biggest and most fascinating irony in Oedipus Rex was the kings commitment and persistence in finding and punishing Laà ¯os murderer, ignoring the fact that the killer was

Wal-Marts Organizational Theory and Behavior - 2294 Words

Final Project - Wal-Marts Organizational Theory and Behavior Jean K. Martin AXIA College of University of Phoenix There are so many organizational behavior concepts to take into consideration for the success or failure of any organization, business or company. The way these concepts are handled by management and employees will either keep the business open or these same concepts could end up in closure of this same business or organization. Management and employees are the people who will make the win or lose situation occur. Communication, motivation, and power and politics are some of the concepts that will cause a business to succeed or fail. Businesses must be competitive to stay alive, or these same businesses will†¦show more content†¦This brings out a positive appearance within the store. This type of treatment should be present in all departments throughout the store. The most important support comes from the checkout counter who will leave the customer with a lasting impression of that store. The cashiers behavior could be the determining factor if that customer will ret urn to that store. A policy should be in place which states that all cashiers final comments spoken to the customer should be Have a nice day. Thanks for shopping at Wal-Mart. Quality customer service is what will make a store flourish in the retail business, or it could hinder the business by losing customers to another retail store. Without customer service, there will be no customers (Lindner, 2005). During research on this final project, the author found an example of Wal-Marts communication in backing customer service. A Wal-Mart customer returned a completely thawed turkey including all the fixings for a dinner because her relatives could not make it due to car trouble (Now Thats Customer Support, 2006). Wal-Mart returned the customers money which was $19 plus some change and the customer returned the complete turkey dinner which included two boxes of stuffing, some cranberries, stuff to make pumpkin pies, green beans and a package of rolls (Now Thats Customer Support, 2006). Another example where Wal-Mart communicates withShow MoreRelatedWalmarts Ethics or Lack of and Employee Dissatisfaction1252 Words   |  5 PagesIn my opinion Wal-Mart has exhibited lots of unethical behaviors over the course of several years. They have been using Anti-union propaganda to deter its employees from joining a union, which is their legal right. Most employees are made to watch videos outlining how Unions would destroy Wal-Mart and essentially their employees, however this appears to be a scare tactic. They have even gone as far as shutting down one of its stores to prevent further unionization in Canada. 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Business ethic is examination of variety of problems that can arise from business environmentRead MoreAnalysis Of The Book Sam Walton 2864 Words   |  12 Pagespublished in 1992. John Huey was the senior editor at Forbes magazine at the time. He is known for reporting on the business world and profiling many of the leading personalities. Sam Walton was the man who started it all for the national corporation, Wal-Mart. He was the founder and CEO. Sam’s main purpose of this book is to tell the â€Å"formula† of to how to be successful as a business owner. Sam’s career has been described in magazines as, â€Å"overnight success†, but in the book he finally explains it

The Role Of Traditional And Antiquated Function Of Any...

HR Function The traditional and antiquated function of any human resources department was to employ, terminate and event plan for companies. The emergence and expansion of human resources information systems (HRIS), places the human resources department on par with strategic management planning, and forays into competition. The HRIS system is not just the â€Å"composite of databases, computer applications, and hardware and software necessary to collect/record [Sic], store, manage, deliver, present, and manipulate data for human resources as espoused by (Ngai and Wat, 2006; Lippert and Swiercz, 2005; Troshani, et. al., 2011), but also to strategically plan for the transitions emerging in the workforce climate, i.e., succession planning, mentorship, training deliverables, as well, as other housekeeping functions. â€Å"No area of a corporation is more involved, yet more ‘behind the scenes’ than the human resources department. Essential to a smooth tenure with an organization is recordkeeping and Human Resource Information Systems (HRIS) are the heart and soul of this process† (HRM7001, 2014, p. 6). According to Ball (2001), personnel management and information technology (IT) have been in partner relationship as early as the 1960s, with the inception of the â€Å"automation of payroll, benefits administration, and other transaction processing applications† (p. 678). Because of the lack of financial resources, staff, IT support, and support from upper management, the perceptionShow MoreRelatedAn Innovative High Performance Work Environment Essay2657 Words   |  11 Pages there is a lack of understanding as to why certain tasks are performed and how these tasks strategically drive the university’s objectives. Employees rarely partake in teamwork, instead operating individually at task-level and often in an antiquated manner. 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Pest Analysis England Free Essays

†¢Environmental regulations and protection: As the menace of coal smoke receded the society changed its name (to the National Society for Clean Air) and its focus, and in the 1970s began to campaign vigorously on air pollution from industry and, increasingly, transport. During this period membership was mainly (although far from exclusively) drawn from local authorities, with some industrial membership. Perhaps the main achievement of the Society after the Clean Air Acts was the development of the concept of Local Air Quality Management and the incorporation of this in the Environment Act 1995. We will write a custom essay sample on Pest Analysis England or any similar topic only for you Order Now The original Environment Bill was intended to deal with issues such as the establishment of the Environment Agency, contaminated land, National Parks and waste topics. †¢Tax policies Britain is becoming a less attractive place to invest and work in because of government tax plans, trade and investment minister Digby Jones said on Friday, the latest non-political appointee to question policy. The ruling Labor party has come under pressure to match opposition plans to raise more tax from wealthy foreigners living and working in Britain. It has proposed to end tax breaks which mean rich residents who are non-domiciled for fiscal purposes pay no UK tax. †¢International trade regulations and restrictions a. Import Tariffs Customs duty is assessed on the fair market value of imported goods at the time they are landed in the UK. Import prices for products entering the UK from non-EU states generally consist of: Cost, Insurance, Freight and Duty, with VAT of 15% levied on the aggregate value. This sum is the exporter’s â€Å"landed cost, duty paid. The commercial invoice value is usually accepted as the normal price, but if a preferential arrangement has been established between the overseas supplier and the importer, or an unrealistic value has been declared, HM Revenue and Customs (HMRC) reserves the right to assess a fair market value for duty purposes. The duty is payable at the time the goods are imported, but established importers can defer payment for an average of 30 days. In addition to customs dutie s on imported goods, an excise tax is levied on in-country sales of alcohol, tobacco, and road vehicles, and on sales of oil and petroleum products. . Trade Barriers The UK has no significant trade or investment barriers and no restrictions on the transfer of capital or repatriation of profits. The very few barriers that exist are almost all attributable to UK implementation of EU Directives and regulations. c. Import Requirements and Documentation A limited range of goods requires import licenses, which are issued by the UK Department for Business, Enterprise and Regulatory Reform’s Import Licensing Branch. These include firearms and explosives, nuclear materials, controlled drugs and certain items of military equipment. d. U. S. Export Controls U. S. exports to the UK are subject to the normal U. S. export control regulations, administered by the Bureau of Industry and Security (BIS) for dual-use items and the Directorate of Defense Trade Controls (DDTC) for military end-use items. In June 2007, President Bush and Prime Minister Blair announced a forthcoming bilateral Defense Trade Cooperation Treaty, intended to greatly reduce licensing requirements arising from government-to government defense programs. At the time of writing, the Treaty is under review by the U. S. Senate Foreign Relations Committee. In addition to International Trafficking in Arms Regulations (ITAR), re-exports from the UK and the activities of UK-based subsidiaries, are subject to UK export controls. These are managed by the Export Control Organization (ECO), an office of the UK Department for Business, Enterprise and Regulatory Reform (BERR). U. S. companies supplying certain restricted items appearing on the UK Military List, including missile and long-range UAV technology, are encouraged to consult guidance available from the ECO website on the trafficking and brokering provisions contained in the UK Export Control Act 2002. . Temporary Entry Raw materials, temporarily imported for incorporation into products for export, may be admitted without payment of duties and taxes. The importer must provide a bank or insurance company guarantee or indemnity for the applicable duties and taxes. Goods intended for unaltered re-export may also be imported free of duty for a period of up to six months by prior arrangemen t with Her Majesty’s Revenue Custom (HMRC). Temporary entries and goods imported for technical examination and testing are subject to a VAT deposit scheme with VAT refunded following the re-export of the goods. Products imported for repair, calibration, or incorporation are admitted with conditional relief from duty and VAT pending correct disposal of goods, usually re-export from the European Community. Professional and demonstration equipment may be temporarily imported into the UK free of duty and tax under the Customs Convention on the Temporary Importation of Professional Equipment. Additionally, these goods may also be imported under the above-mentioned VAT deposit scheme for temporary entries. f. Labeling and Marking Requirements In the UK, origin, weight and dimension, chemical composition and appropriate hazard warnings are required for consumer protection purposes on any product offered for retail sale. If the product cannot be labeled or marked, the data may be included on any packaging, accompanying printed material, or product literature. European and British clothing and shoe sizes are differently marked, and special provision may have to be made for apparel retail labeling. Dual labeling is strongly supported by the UK, which uses the practice as a cost-saving measure in its exports to North America. . Prohibited and Restricted Imports Prohibited imports include AM citizens band radios, switchblade knives, devices that project toxic, noxious or harmful substances (e. g. , tear gas), counterfeit coins and currency, certain types of pornography and hormone-treated beef. The UK participates in the Wassenaar Arrangement for the control of dual-use exports; the Australia Group (AG) for the control of chemi cal and biological weapons; and the Nuclear Suppliers’ Group (NSG) for nuclear-related goods, preventing the export of restricted goods and echnology to countries of proliferation concern. The UK also supports United Nations’ sanctions restricting exports to certain other destinations. Although sensitive to the extraterritorial application of U. S. law in export controls, the UK authorities cooperate with the U. S. in preventing the re-export of sensitive goods and technology of U. S. -origin to unauthorized destinations, when the enforcement action is based on multilateral controls. h. Customs Regulations and Contact Information The documents required for shipments include the commercial invoice, bill of lading or airway bill, packing list, insurance documents, and, when required, special certificates of origin, sanitation, ownership, etc. A copy of the commercial invoice should accompany the shipment to avoid delays in customs clearance. It is worth noting that imprecise descriptions are a common reason for goods being held without customs clearance, meaning that a clear description of the goods is essential and should be worded in such a way as to describe the goods to an individual who may not necessarily have an understanding of a particular industry or article. A clear description of goods should satisfy three basic questions as to what the product is, for what is it used, and of what it is made. No special form of invoice is required, but all of the details needed to establish the true value of the goods should be given. At least two additional copies of the invoice should be sent to the consignees to facilitate customs clearance. Consular documents are not required for shipments to the UK. †¢Contract enforcement law A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. This may be seen as giving three interconnected elements: a. A promise In the context of English law, a reference to a promise here may be seen as misleading. It is often (rightly) stated that English law will not give effect to a mere promise and that an agreement, or meeting of minds, is required. In fact, this is simply a way of distinguishing between two types of promise, namely those which do and don’t give rise to a legal duty. Thus, a promise to meet one’s other half for dinner at 7pm gives rise to no legal obligation – it is a â€Å"mere† promise – whereas a promise to sell someone a car for ? 5000 gives rise to legal obligation. b. A legal duty arising from that promise Here, English contract doctrine distinguishes between bilateral and unilateral contracts. A bilateral contract gives rise to obligations on both sides. Thus in a contract of sale, the seller has an obligation to transfer title in the thing sold to the buyer, whilst the buyer has an obligation to pay the price. A unilateral contract, by contrast, gives rise to obligations on one side only. Thus â€Å"I will give you ? 100 if you run a marathon† gives rise to a legal duty on the maker of the statement (the promisor) to pay the money if the race is run, whilst the person to whom the statement is made (the promisee) is under no obligation to run in the first place. c. A remedy for breach of that duty In considering the development of remedies, a fundamental distinction in English law between common law (often just abbreviated to law) and equity must be understood. For much of its history, England had two separate systems of law working side by side, each of which had different rules. One, administered by the courts of common pleas and King’s Bench, was called â€Å"the common law†; the other, presided over by the Lord Chancellor in the court of chancery was â€Å"equity†. Since the Judicature Acts of the nineteenth century the two systems have been administered by the same courts, although they remain separate sets of doctrine. Most important for our current purposes is that the two systems developed different sets of remedies for breach of contract, although other equitable rules which have application to contracts will be discussed as they arise. d. Proof of promise: Objective intention e. Form of promise: Offer acceptance f. Form of promise: Certainty g. Validity of promise: Intention to create legal relations h. Validity of promise: Consideration †¢Consumer protection The United Kingdom, as member state of the European Union, is bound by the consumer protection directives of the EU. Domestic (UK) laws originated within the ambit of contract and tort but, with the influence of EU law, it is emerging as an independent area of law. In many circumstances, where domestic law is in question, the matter judicially treated as tort, contract, restitution or even criminal law. Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade. The Office of Fair Trading [3]will then investigate, impose an injunction or take the matter to litigation. However, consumers cannot directly complain to the OFT. Complaints need to be made to Consumer Direct who will provide legal advice to complainants, or re-direct the individual complaint to Trading Standards for investigation. Due to restrictions within the Enterprise Act 2002, individual complainants are unable to be told whether their case is being investigated or not. In very rare cases, Consumer Direct may direct a very large number of complaints to the OFT to be considered as a systemic complaint. The OFT can also be engaged by consumer groups e. g. The Consumers Association or the statutory consumer protection body – Consumer Focus – via a super complaint. The OFT rarely prosecute companies, however, preferring a light touch regulation approach. Consumer complaints against companies are not published, but investigation work, undertakings and enforcements are located at [2]. Many of the consumer protection laws e. g. Distance Selling Regulations 2000 or Unfair Terms in Consumer Contracts Act 1997 are actually UK implementations of EU directives. The OFT is one of the bodies responsible for enforcing these rules. This leads to a problem in that these examples of legislation are clearly designed to deal with individual complaints but the OFT will only deal with systemic complaints and will ignore individual complainants redirecting them back to Consumer Direct. The Office of Fair Trading [3] also acts as the UK’s official consumer and competition watchdog, with a remit to make markets work well for consumers, and at a local, municipal level by Trading Standards departments. General consumer advice can be obtained from Consumer Direct or via a local branch of the Citizen’s Advice Bureau. Employment laws The law has given employees – and in many cases other workers who might not count as employees – rights and entitlements in relation to how they are disciplined and dismissed, how their grievances are handled, wages, absence from work and sickness, holidays, work breaks and working hours, time off for family emergencies, maternity and paternity leave, the right to app ly for flexible working, redundancy and retirement. All workers have the right not to be discriminated against in relation to their gender or orientation, race, age, disabilities, or religion and beliefs. Staff who feel they have been denied their rights have redress by taking their employers to an Employment Tribunal. The chances of this happening have increased three-fold for employers in the past decade or so. There was a year on year increase in Employment Tribunal claims of 56 per cent last year (2009-10) bringing the number of claims received to their highest level ever at 236,100 claims (source: Tribunals Service). In unfair dismissal cases employers can be ordered to pay compensation of more than ? 76,000. In discrimination cases compensation awards are theoretically unlimited and six-figure payouts are not uncommon. How to cite Pest Analysis England, Essay examples