Mock Exam Constitutional Law B

Constitutional Law Exam (Practice) N. B. The questions in this exam are taken, in part, from the tutorial questions – but expanded. Question One: The Commonwealth government passes a tax act on coal which is 10% tax on the sale of coal. The act also deals with regulations on the way coal is mined in states. If a coal company heeds all the regulations the government will increase the amount of funding given to the States for all its projects. The tax will increase the price of coal sold interstate as the companies attempt to offset the tax increase. The act also provides provisions for new mining companies that set up in ‘country towns’ will pay only 7% of the tax – this is part of its decentralised sustainable planning policy. To encourage people to go and work in these country towns and to encourage other businesses also the act adjusts the income tax rate for people who work in the mines and live in the country. It also prescribes a reduction in HECS and education costs for miners with children who attend university/school. †¢Is there a head of power to support these laws? If yes, †¢Is the Act constitutionally valid? Issues for concern: Multi-characterisation: †¢S 51(20) – Corporations power – ‘trading corporation’ –Adamson’s activities test etc. †¢S 51(1) – Trade and Commerce. †¢S 51(2) – Taxation power. †¢S 51(39) – Incidental Power. Constitutional Limitations: †¢S 51(2) does it discriminate between States? – s51(2) – issue of non-coal mining tax compared to coal mining states – Tasmania v Queensland †¢Regulations – cleaner technology – more funding from federal government gives preference to mining States – Tasmania v Queensland – possible breach of s 99? The coal tax act must deal exclusively with tax anything else [regulations] shall have no effect: s 55. So notwithstanding s 99 breaches may have no effect through s 55 anyway. †¢Section 92 – in effect the laws impact on the ‘absolutely free’ intercourse of trade between states à ¢â‚¬â€œ increase in prices. †¢Section 117 – tax reduced to 7% or new business setting up in country towns; adjustment of income tax rates in for country towns – and educational benefits – discrimination between the residences of States. Question Two: The Federal Government makes a regulation in the immigration legislation in relation to that claiming refugee status. It states that the applications of those who come from Middle Eastern countries should not be processed for six months. The Government argues these rules are necessary because the situation in those countries is unsettled, and it is difficult for them to properly assess claims of persecution at this time. The new regulations also prevent the renewal of all working visas for Middle Eastern people, and require immediate deportation of people whose visas have expired. The new regulations also require that those of Islamic faith (from Middle-Eastern countries) must identify themselves with a patch sewn on their clothes and any mosque must be registered with the Australian Federal Police. The regulations prescribe that the accounting books of these mosques are audited every two months. There has been a great deal of protest over these new laws and so the government has also passed regulation that attempts to retard the more aggressive protestors by imposing mandatory prison sentences for those people cause grievous bodily harm to police officers in protesting, or cause damage to cars/buildings or other property. †¢Is there a head of power to support these laws? If yes, †¢Is the Act constitutionally valid? Issues for concern: Multi-characterisation: †¢S 51(19) – Alien power. †¢S 51(26) – Race. S 51(2) – Emigration or Immigration. †¢S 51(39) – Incidental Power. †¢S 51(6) – Defence Power (not an issue for the exam – but noteworthy). Constitutional Limitations: †¢Breach of freedom of religion s 116. †¢Implied freedom of political communication †¢Possibly an issue of Separation of Powers – Kable – (not an issue for the exam – but noteworthy). Question Three: The F ederal Government makes regulation to stimulate the economy and then begins issue handouts to business in the Eastern States, as well as Eastern State Governments. They argue that because Eastern States contribute the most to our economy their economies are more important coming out of a recession. †¢Is there a head of power to support these laws? If yes, †¢Is the Act constitutionally valid? Issues for concern: Multi-characterisation: †¢S 96 – Grants to the States. †¢S 81 – Appropriations – head of power for this section: †¢S 51(20) – Corporations power – ‘trading corporation’ –Adamson’s activities test etc. †¢S 51(1) – Trade and Commerce. S 51(39) – Incidental Power. Constitutional Limitations: †¢Section 99 – preference to States. †¢Section 117 – residence. Question Four: (Essay Question) Are rights in Australia sufficiently covered by the Constitution; even when rights have been provided for – right to trial by jury – they have been narrowly construed to circumvent their application? Should this happe n? Is a bill of Rights need in our constitutional regime? Are implied rights sufficient. Discuss – with reference to examples.

The Effects of Social Media on Communication Skills

AbstractThis paper summarizes the effects of social media on hindering communication skills and reducing social activity in the world. Each reason is supported by evidence by referring to four published books and some articles online. It focuses mainly on social media via the Web, such as, Facebook, Twitter, and MySpace, to which many of the youth are exposed to nowadays, and this exposure has led to addiction. This paper informs people about the issue of social media affecting communication skills and calls for means to solve this problem.The Effects of Social Media on Communication SkillsRebecca Javeleau, a 15 year-old Facebook user, meant to invite her 15 closest friends to her birthday party, but ended up inviting over 20,000 people, 8000 of which RSVP’d for the event. The birthday girl went into hiding when more than 1500 guests showed up and around 100 police officers were needed to keep the crowd under control. Did these 21000 people really know the girl? Are they reall y considered as â€Å"friends† of hers'? Modern society seems convinced that social media like Twitter and Facebook keep people connected and grow their social skills with friends and peers.But what actually these social networking sites are doing to people is that they're mutually isolating networks that part people from meaningful interactions with one another and make them less human. Many scholars see new communication technology as a threat to the discipline of interpersonal communication (Konijn et al. , 2008). Social media like Facebook, Twitter, Whatsapp, and other applications are hampering our social skills. Social networking sites deteriorate communication skills because people forget proper manners as they constantly use these sites.The more time these people spend on social sites, the less time they will have to spend socializing in person. Socializing via social sites lacks body signals and other nonverbal cues such as voice quality, tone, facial expressions, an d many others, therefore it isn't an adequate replacement for face-to-face communication since these people won't be able to communicate and socialize effectively in person with one another. In the real world, the effective communication skills are key to success.A month ago, I received a friend request from a Facebook user whom I didn't know. After some days of chatting and better knowing each other, we decided to meet in person and have a real conversation. When we met in a cafe at around noon, we greeted one another and sat in our places. It was very embarrassing when we spent half an hour staring at each other and not knowing what to talk about. That is when I realized that these social networking sites are truly hindering our social interactions and the development of strong communication skills.According to Konijn et al.(2008),â€Å"Researchers speculated that CMC would lead to the sharing of impersonal messages due to the lack of facial and tonal cues† (p. 15). Therefo re we can say that social media causes effects on a person’s ability to communicate in a proper manner, which includes body signals, voice, and other cues. As Dimbleby R. & Burton G. state it (1992), â€Å"Body language tells us a lot about people's feelings, attitudes, and intentions† (p. 37). Moreover, NVC such as body signals relates to our perception of others, and relates to the idea of feedback (Dimbleby R. & Burton G. , 1992, p. 40).Another reason why these social networking sites are reducing communication skills is because they lack practice of active listening which is needed during conversations in the real world. Great communication skills take practice and that can't be done by sitting on a sofa and typing on your computer or cellphone, it can be done by appearing in person and actively communication with one another. When the news spread all around that an application was available in the market, a free application through which anyone who shares contacts can chat with each other all day long without any payment.This application was called â€Å"Whatsapp†. My friends encouraged me to download and use this application. We spent hours and days sitting at home chatting with one another. It was time to go back to school. When the teacher actually asked us to have a dialogue in the class, I realized that it was easier for me to chat on my phone instead of speaking out loud in front of everyone, which was pretty difficult to handle.It wasn't only my case, as the whole class was addicted to these kinds of applications or  messengers or sites, that cause people to be like robots, typing all day long, while a phone call could make it easier for them to save time and save energy. I believe these applications or whatsoever destroyed our ability to communicate in face-to-face interactions. In a European study of 635 participants ages 16-55 years old who visited a website and completed an online questionnaire, 48. 9% reported preferring to use their cell phones for texting over voice calls and 26. 1% reported texting too much. This study also measured levels of loneliness, expressive control, interaction anxiousness, and conversational involvement.Two significant findings were that 61% of the participants stated they say things in text that they would not feel comfortable saying face-to-face and 64% stated they feel they are able to express their true feelings best in text messages rather than in face-to-face interactions or voice calls (Reid & Reid, 2007). Social media hinders communication skills because it leads to isolation. Social media from Facebook to Twitter have made us more densely connected than ever, yet for all this connectivity, we have never been lonelier and this loneliness is making us physically and mentally ill.Some people choose to sit at home all day pretending to be someone they're not instead of going outside and having real conversations and interactions. Then, we can say that on social net works, everybody tries to come across at their very best often embellishing their profiles, making Facebook a reference group against which one starts to compare one's own popularity and success, which may lead to cases of depression and isolation if one finds the other more successful than himself/herself.A recent observation done by myself on the issue of social media leading to isolation showed that people want to constantly be visible amongst their peers and be the best among all. Those who weren't able to have more â€Å"friends† than their peers were actually depressed and felt left out of the group. A tragic story alarms people of the issue of social media leading to isolation and depression, when a 15 year-old girl hanged herself because her friends at school were bullying her and she felt lonely and her depression let her to commit suicide.Konijn et al (2008) study found the following : Being ignored or ostracized has negative psychological consequences. For example, ostracism has been associated with depressed mood, anxiety, loneliness, helplessness, invisibility, and frustration. Being ostracized threatens the basic human needs for belonging, self-esteem, control, and meaningful existence. This can be anything like unanswered emails, or being consistently ignored in a chat room. (p. 203) There are critics that say social networking sites lead to larger non-diverse social networks, hence increasing communication skills.It is true that these networking sites make it easier for people to connect all around the world, but is that a cause to increase communication skills? Why, then, two people sitting in the same room chat on their IPhones together while they could have a real face-to-face communication? Why do these people feel dead on one's feet to actually walk 10 second to the hallway to talk with their friends and have a real conversation? Even if these social networking sites lead to larger non-diverse social networks, are these relationship s real?How can you prove if the one you are communicating with is a person you can trust? According to Mintz et al. , (2012), â€Å"driven by younger, technologically savvy students, Myspace and Facebook have grown exponentially into sites where people can and do pretend to be who they aren't†. Another party criticizes the fact that these social networking sites are ruining communication skills by saying people use this technology to get in touch with one another and plan for a meeting.In addition to that, they criticize by saying that internet users are more likely to visit a cafe or coffee shop than people who don't use the internet. Well, don't these people who visit coffee shops hold their laptops in their hands and sit browsing on the Internet while drinking a coffee or having a bite? If they really meant to plan a meeting and to interact with one another then why do these people leave their cellphones and laptops away from sight? How did technology make it easier for pe ople to get in touch with one another?Did it make it easier by allowing anyone to see one’s privacy and know every single detail about that person? Doesn’t this eventually lead to spam and identity theft? How can we protect ourselves from harmful remarks and actions when the identity of the perpetrator is unknown? As Konijn et al (2008) states, â€Å"by focusing on symbolic shifts, time/space relationships, interactivity, sensory bias, and conditons of attendance, media ecology provides a framework for understanding how interpersonal communication is shifted from face-to-face to mediated contexts† (p.20).Social networking sites not only decrease the number of face-to-face interactions, but they greatly deplete the social skills that are important in any society. Facebook is a great tool to connect with one another but it is tech-deep and we need skin-deep, we need real actively involved connections and conversations. This trend causes human beings to become cons umed by a virtual world while they're simultaneously pulled further away from reality.

010 Ethos and Audience Professor Ramos Blog

010 Ethos and Audience Ethos Quick Write Ethos Ethos is about values. In rhetoric we connect ethos to  character, credibility, and trustworthiness.  At their core, these concepts have to do with values. We tend to believe and trust those individuals who exemplify the values we cherish, who live the sort of life that we would want to live.  Ethos Handout from University of Maryland Ethos is inferred, NOT possessed. Five strategies for persuading through character. Personal info Sources Identification with Audience Point of View Balanced Presentation 5 Ways to Persuade with Character (Ethos) | How to Craft an Argument Presidential Hats Trump in Cowboy Hat Obama in Cowboy Hat Bush in Cowboy Hat Using Rhetoric Notes Ethos Research Unbiased Pathos Emotional Storytelling So What? Logos Logical History Facts Statistics Evidence Authority/Pros Background Include the Conversation What argument is she making? How does she build Ethos? How does she use pathos? How does she use logos? Understanding Audience Audience is quite possibly the most important thing to consider when writing an argument. You need to appeal to them, understand their problems, values, and beliefs, in order to convince them of your point of view. Who your audience is should influence  how  you present your argument. Who your audience is should influence  how  you present yourself. Who is your audience? Determine what is important to your audience. What do they really care about? What do they value? Are your reasons in line with those values? Argumentative Essay Arguing a Solution to a Problem Position. Take a clear position on an arguable topic. Reasons. Develop main reasons, keeping audience in mind. Evidence. Support all reasons with strong research. Opposition. Acknowledge the opposing argument and take it out. Agree or Disagree with a Reading from our Textbook Summarize the article and argument. Agree or Disagree but add something. Incorporate research to argue your position. Take a Position on a Controversial Topic Present the controversial topic. Give pro arguments. Give con arguments. Take a position. Integrate research to argue your position.

Change Management Strategy in an Organisation

Change Management Strategy in an Organisation Change is inevitable: it is brought about by globalisation, change in customer needs, and technological developments among other factors. As much as change is inevitable, the nature of human being resists change; how well an organisation adopts to change, determines the competitive a company.Advertising We will write a custom report sample on Change Management Strategy in an Organisation specifically for you for only $16.05 $11/page Learn More Leaders have the role of implementing strategies to effect change effectively in their organisation. Change may be rapid, where there is minimal time to plan and adjust processes and products in line with the expected change (Hayes 12-23). This paper discuses change management strategy in an organisation. Strategy A strategy is a thought system and process to be followed, with the aim of attaining certain set objectives. The strategy may be made by an expert, or it can be developed internally in an organisation to ensu re that better processes have been adopted. Implementing and managing a strategy is the final stage of a strategy, where elements and components of the strategy are put in place. In the case of change, a change strategy should be implemented and pioneered by change agents. Change management strategy Leadership of an organisation has the mandate of implementing and managing change. Businesses, countries and the world in general is facing massive change and developments, there are transition and development in different areas. Change should be gradual but should adopt a pace that ensures that the organisation will benefit from opportunities offered by change or mitigate any threats offered by changes in business world. An effective change management policy will ensure a smooth transition from old process development methods to the new form of production. Objectives of a change management program There are different reasons why change should be undertaken in an organisation. The prevai ling condition offers the objective to meet by the change process. Major objectives of a change management strategy are: Improve current working condition; this is through adoption of modern or relevant strategies, for example to implement risk management strategy, there are some change that need to be accommodate in an organization Adopt a different way of doing things and take advantage of available opportunities as other business opportunities are created Make new combinations of resources in an organization; this is mostly when better combination ways have been innovated Adopt new technology; scientific innovations and developments have resulted to technological innovation that robust organization should adopt for efficiency and effectiveness in internal and external processes. Change of business, target market, production formulae, management, job schedules, job description among other; this is where an organization need to take a different approach in business Have a differen t human resource management system, computer system among others Change management program The success of a change program is dependent on how employees in the organisation are going to adjust and the way they will perceive the change. The attitude towards change determines whether the process will be affected effectively or not. The change agents should take certain deliberate measures and follow a well thought process that is influenced by organisational culture of a company.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More To implement a change strategy, the following process should be followed: Planning change This is where the need for a change in an organisation is recognised; at this stage, an analysis of prevailing condition in the industry is important. An internal and external audit is conducted to ensure that current position in market is recognised. Change agents shou ld undertake massive research on an area of deficit recognised so that they can devise appropriate mechanisms and strategies to an effective solution (Newman 56-78). Pilot study and management sensitisation After the area that need change has been recognised, the report of the change should be discussed with top management. This is a very important task since how well top management understand the change to come in an organisation, the more support they are likely to give to the change. Through brainstorming and involvement of experts, alterative are devised; if there are past organisations that have implemented any of the set alternatives, its performance should be evaluated. The risk areas are established to ensure that mitigation measures have been established. It is at this stage that the best alternative is chosen; this stage may take varying durations depending with the urgency of the problem at hand, however it should address all areas. Staff sensitisation and involvement Aft er the management have decided on the way forward, before taking any step further, they should involve their employees at all levels seeking their support. At this stage, employees are likely to have a number of questions regarding the change and how will be affected by the change. Change agents should be well versed with the expected change results and the effects it is likely to have on employees. In case some employees have some recommendations to the change, their views should not be locked out but should be included in the change process as long as they will not contradict the objectives targeted by the change. Employees should be made aware that they are part and parcel of the change process and the process should not be implemented on them rather they should be fully involved in the change process (Sadler and  James 34-46). Consolidating change When all things are set to go and attitude of employees towards the perceived change is positive, then the new strategy of doing th ings should be launched. Before switching the old strategy of doing things, the new strategy and the old one should be run concurrently to give a testing chance of the new strategy as employees learn and adjust to the new system.Advertising We will write a custom report sample on Change Management Strategy in an Organisation specifically for you for only $16.05 $11/page Learn More Sometime there are improvements that become necessary after implementation; such improvements should be done before the old system has been switched off. Support, monitoring, improvement and control of the new system should also be embarked on. Managers role in change Management Leaders in an organisation are mandated with the task of pioneering a business to its desired objectives; they are the change agents. In transitional period the leaders is the one who guides subordinates to the desired path. They make rules and policies to be followed in attaining the goals: without disreg arding their subordinates. Change needs to be planned at all, times when it is being implemented and conducted in such a way that it will be accepted in the business (Hiatt and Creasey 8-12). Change best practice Change Best practice is the approach that a company can adopt to undergo the change process effectively; it involves accommodating all people. Although different strategies of change management are used in different companies, John P Kotters has come up with an eight-stage change best practice model, as follows: Increase urgency After the top management has understood and backed the change process, change agents goes down the hierarchy to create awareness on expected changes in the company. Focus is on the specific departments that will be affected. Having round table meetings where the expected change is discussed is necessary. Relevant inputs from employees are accommodated. Build the guiding team At this stage, people have diverse views, fears and optimisms; depending wi th an individual. Change agents should work closely to explain finer details of the projects and remove doubts and tensions created. This stage call for professionalism since it can break the entire system if a negative perception is created in the mind of the employees. Communicate for buy-in This stage, employees undergo necessary training on how they are expected to conduct themselves after the change process. Those employees who are still resistance should be given one-on-one approach where issues and their fears are aired out. Empower action Change agents guide the employees to see the practicability of the new way of doing things, depending with the development; this stage can be delayed to later date. Any issues and misunderstandings are polished at this stage as employees learn more about the new system and its operations. Note at this stage, the old system still is on.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Create short-term wins The new change is given a full test without doing away with the old one. The new system dominate in activities, this stage gives the company the chance to evaluate the new system as employees learn it further. Dont let up In case the new system has disappointments, it should not be done away with; it should be reinforced and accustomed further for the business. Make change stick At this stage, the company will have understood the change and ready to work with it. The old system is switched off and mechanisms mechanism to evaluate, appraise and upgrade to the new system are put in place (Sadler and  James 45-76) Conclusion People are static to change; however, if an organisation implements an effective change program, then change can be smooth and effective. An effective change strategy should involve employees of an organisation at different levels and sort for their continued support. Hayes, Johns. The Theory and practice of Change Management . New York: P algrave Macmillan, 2010. Print. Hiatt, Jeff, and   Creasey Timothy. Change management: the people side of change. Colorado: Prosci, 2003. Print. Newman, Janet. Modernising Governance. Belmont: SAGE Publications, 2001. Print. Sadler, Philip, and  James Craig. Strategic management. London: Kogan Page Publishers, 2003. Print.

What was the Impact of the Holocaust on Postwar Art and Culture Essay

What was the Impact of the Holocaust on Postwar Art and Culture - Essay Example This figure represented two thirds of the total European Jewish population and a third of the world’s total. Causes Germany was forced to sign the humiliating Versailles Treaty, at the end of the First World War, in which the country was forced to cut down on its armed forces, its prewar territory was reduced, and Germans were forced to admit guilt for the war. They were also forced to pay reparations to the allied forces for losses incurred during the war. The country was also forced to adopt a parliamentary governing system, and it is through this system that Adolf Hitler became a Chancellor, or prime minister, in 1932. Soon after, his government started propagating hate campaign against Jews, claiming that they were the source of all German problems and, therefore, needed to be exterminated as a race from the world. This is what led to the Holocaust, a tragedy that peaked during the war and only ended with Germany’s defeat, by the allied forces, in 1945 (AICE). ... Other museums across the world have set aside sections that keep these objects too. Paintings and Pictures Visual representations have also been done through paintings, photography and films. Evidence from the concentration camps indicates that the detainees engaged in the art to express their feelings and sufferings, and to avoid getting bored. Though some of this work was discovered by the Nazis and destroyed claiming it was part of ‘horror propaganda’, and the artists punished severely, however, some of it survived. This includes Josef Nassy’s 200 drawings which he painted while at Bavaria’s Laufen and Tittmoning concentration camps. His pieces of art survived the concentration camps and these help in capturing an eye witness’ account of the dehumanizing nature in which Nazis treated the Jews. ‘No names’ are paintings by Alice Lok Cahana, a Hungarian Holocaust survivor who tells her story as a teenage detainee. Her work is preserved i n the Collection of Modern Religious Art gallery, at the Vatican Museum. Some other artists helped in producing paintings of life at Bergen-Belsen concentration camp months after its liberation and these include Mary Kessell, Leslie Cole, and Sargeant Eric Taylor who was one of the camp's liberators. A lot of these paintings have been done over time including those by contemporary artists and are on display in different museums and art galleries across the globe (Zelizer 8). Photography Photography has also been used extensively to preserve memories of the Holocaust. Among these is the more than 10,000 photos taken secretly by Mendel Grossman while at the death camps. Though he died in the same camps; however, the negatives were used to develop photos

Value of Diversity and Multiculturalism in Business Essay

Value of Diversity and Multiculturalism in Business - Essay Example Diversity and multiculturalism in workforce produce a wide range of considerable benefits for companies. As Holt (2013) states, â€Å"Workplace diversity elevates companies because it provides many different perspectives during decision making, broadens the companys re ach in the market and allows everyone an equal chance to advance†. Some of the main benefits that a company can get by hiring a diverse workforce include improved economic growth, improved share of consumer market, reduced employee turnover costs, increased synergy in teams, and increased levels of productivity and profitability. However, proper employee training is the key to obtain the maximum workforce diversity benefits (Sammour & Karp, 2000). Employees from different ethnic and cultural backgrounds usually have good relationships between them (Kundu, 2003). One of the main benefits of hiring a diverse workforce is that it increases the business of a company in international markets. The reason is that diverse workforce is able to communicate with international business community in an effective manner. Communication is one of the main barriers for a company in achieving international success. However, this issue can be resolved by hiring employees with different cultural and ethnic backgrounds because such employees are able to communicate effectively with citizens and business professionals of foreign countries. A diverse workforce is also able to resolve complex business problems using critical thinking approach. A multicultural workforce is able to understand the political and legislative issues of different countries, as well as the norms and values of different cultures and that understanding helps in growing the bu siness in international markets in accordance with those cultural and political limitations. Moreover, multiculturalism also helps businesses in making

Supervision and Law Coursework Example | Topics and Well Written Essays - 250 words

Supervision and Law - Coursework Example To that effect, the supervisors often use humiliation and embarrassment as a management tool. The law requires the correctional workplace to be favorable to the employees (Lombardo & Schroeder, 2013). Good supervision improves motivation, job satisfaction, and staff confidence. However, ToersBijns (2013) notes that the correctional workplace is filled with fatigue, tension, stress, and anxiety that are all a perfect formula for burnout. The officers suffer from sleep deprivation and shift disorientation working for odd hours as well as the overtime in order to make up for the staff shortages and follow the supervisor’s requirements. On one hand, the administration demands perfection, while on the other hand, the general public is eager to understand how the correctional officers are doing their job. As for the correctional facilities officers, the longer one works in an incarceration facility the harder they can find positive things in life and often plunge in low-self esteem, depression, and aggression. These emotions are signs of burnout and distress and occurs to e very officer that come to work daily. If the law is not adequately addressed, the supervisor often frowns upon the sick leave, thus denying the officers a work-life balance. Most officers cite the the supervisors as their main nemesis toying around with shifts, rotating the posts, and changing the personnel rules, along with psychologically detrimental issues play into the fatigue factor and drive down the performance and morale of the officers. ToersBijns, C. (2013, April 3). Correctional Officers: Victims of Abuse by Negativity. Retrieved April 15, 2015, from