Expenditures and Revenues Summary: Palm Beach Sheriff’s Office Essay

The Palm Beach Sheriff’s Office, a statutory government agency, is responsible for providing services to three mandated programs in Palm Beach County, Florida (PBSO.org, 2013). Those programs are Law Enforcement, Corrections Services throughout Palm Beach County’s jails, and finally Bailiff and Court staff. Palm Beach Sheriff’s office is required to respond to law enforcement calls throughout the county and all unincorporated areas of Palm Beach County. Palm Beach Sheriff’s office is also responsible for providing services to certain municipalities throughout Palm Beach County, if a contract exists between the municipality and the Sheriff’s office. The municipality must come to a fee agreement with the Palm Beach Sheriff’s office before a contract is established. The following will elaborate on the Palm Beach Sheriff’s Office revenue and expenditures and the impact of the expenditures on the revenue source. The following will also elaborate on who the key players are in terms of making budget decisions and whether or not there is any influence of political and public policies on the Palm Beach Sheriff’s Office. Finally, recommended organizational financial analysis alternatives for the Palm Beach Sheriff’s Office will be researched. The Impact of the Expenditures on the Revenue Source Palm Beach County is located in South Florida and is the largest county in square mileage in Florida at 2,268 square miles. Palm Beach County is Florida’s third largest populated county with just under 1.4 million residents (PBSO.org, 2014).The Palm Beach County Sheriff’s Office maintains 3,949 allocations throughout Palm Beach County and boasts 1,333 sworn law enforcement officers, 7,757 civilian support staff, 689 sworn Corrections officers and 170 sworn Court services and Bailiff; therefore a large portion of the Palm Beach County Sheriff’s Office budget is allocated to programs. Personal services, according to the Sheriff’s Office (2014) means this part of the budget is considered to pay employee wages and benefits. This program is divided in to thee parts, Law Enforcement, Corrections and Court Services  and Bailiff, which in turns means three different expenditures. A total of $510,102,878.00 for the Sheriff’s was requested for the 2014 fiscal year in order to support the three programs. This amount is an increase of about 5.8% from the 2013 fiscal year (PBSO.org, 2014). The Palm Beach Sheriff’s Office is funded through various revenues generated from Law Enforcement services, ad-valorem taxes and utility taxes. The Sheriff’s Office collects 15% of all revenues collected through adult entertainment and revenue is also received by the State of Florida for Crime Laboratory Operations. Funds are established by the Florida Crime Laboratory Council. Safety services also generate revenue for the Sheriff’s Office. The charges and fees are ultimately determined by the Statute and fee schedule approved by the Sheriff. These contracts include airport security, Private and Governmental Off-Duty permits and other law enforcement contract. The Safety Service fees make up a large portion of the Sheriff’s revenues (PBSO. org, 2014). Other revenues include fines and forfeitures, commission on coin telephones used by the county’s inmates, taxes levied on assessed properties in Palm Beach County and utility tax. According to Palm Beach Sheriff’s Office (2014), each program is divided in to three expenditures. Those expenditures are Law Enforcement, Corrections and Court Services and Bailiff. Each of the three program categories is broken down even further. Those parts are listed as Personal Services, Operating and Capital Outlay. Each variable requires funds in order to operate; for example, the Law Enforcement Program was budgeted for a total budget of $347,035,274.00 out of the $510,102,878.00. As stated this program is further broken down in to three variables, Personal Services, Operating and Capital Outlay. A total of $276,397,453.00 is budgeted for personal services. $60,185,099 is budgeted for Operating and $10,452,722.00 is budgeted for Capital Outlay. This brings the total to $347,035,274.00 dollars budgeted for the Law Enforcement Program. This total is about 60% of the total budget for 2014. It is important to understand that 81% of the operating budget consists of wages, overtime and employee benefits. These are items which are set through collective bargaining, policy, contracts and also receive protection under to Career Service Bill (PBSO.org, 2014). Key  Players Involved in Deciding on a Budget Because the Sheriff’s Office is large and requires time to create a reasonable budget, the budgeting process begins in December of the preceding year (PBSO.org, 2014). In January, the Palm Beach Sheriff discusses the philosophy for the approaching fiscal year. The Sheriff’s Office had an established budget staff which provides an overview of the budget process and provides details regarding the upcoming budget preparation and procedures. Executives and Senior Staff conduct a series of internal reviews before the proposed budget is presented the Sheriff. The Sheriff then reviews the proposed budget and either accepts or denies the budget. Once the Sheriff approves the budget a signed copy is sent to the Palm Beach County Board of County Commissioner by May 1. The Palm Beach County Board of County Commissioners Office of Finance Management and Budget would then schedule a number of workshops for the County’s proposed budget. It is during these workshops that modifications to the Sheriff’s budget can be presented. Budgets may be modified based on the receipt of grant funds, donations or other sources outside of the Sheriff’s adopted budget. In September, there are two public hearing scheduled during which the final budget is adopted. The budget must be adopted for October 1, the start of the new fiscal year. The Influence of Politics and Public Policies on the Palm Beach Sheriff’s Office The Palm Beach County Board of County Commissioners Office of Finance Management and Budget is a governmental organization which oversees the Sheriff’s proposed budget on a yearly basis. The Constitutional Officers who oversee the budget include Clerk and Comptroller Office, Tax Collector and Property Appraiser (Palm Beach County, 2014). All three entities are those of local government. These three organizations are responsible for reviewing not only the Sheriff’s budget, but all other budgets relating to cities in Palm Beach County who provide public assistance. Politics can play a huge role when considering a budget proposal. In this case, these three entities know what funding is available as they are responsible for collecting different revenues. If the money is not available to fund the entire budget request, then cuts will be made to the budget; furthermore, because budgets are able to be accessed by  the public, is important to ensure that all decisions regarding the budget are ethical decisions. Financial Analysis Alternatives In the event that there is a loss of revenue source, there are many other options the Sheriff’s Office can explore in order to obtain funding. The Sheriff’s Office, like any other police department, has many departments which are responsible for investigating certain crimes; for example, the Sheriff’s Office created a department specifically for tracking online sexual predators. The United States Department of Justice provides funding to the Sheriff’s Office for strategically targeting online predators. The Sheriff’s office would be able to continue funding this department and maintaining its multidisciplinary team to assist in the development and implementation of the strategy. The COPS hiring Program (CHP) is dedicated to enhancing community policing by addressing the needs of a state, local or tribal law enforcement agency. The COPS Hiring Program (CHP) provides funding so that law enforcement agencies are able to hire new or career law enforcement officers. Employing more officers would increase crime prevention efforts in a given district (U.S. Department of Justice, 2014). The COPS Hiring Program (CHP) will provide up to 75% of any approved entry-level salary and fringe benefits. The officers must be hired as full-time officers for the length of grant period, which is 36 months. A minimum of 25% of the officer’s salary must be matched by the hiring agency and a maximum federal share of $125,000 per officer. Under the COPS Hiring Program, the agency is only able to hire up to 5% of the agency’s sworn police officers (U.S Department of Justice, 2014). According to the Sheriff’s Office (2014), there are two other sources of alternative funding. Alternative funding can be obtained through forfeiture funds which are obtained from cases which assets and cash are seized and eventually released to the law enforcement agency. Forfeiture funds may come from state and federal governments and ought to be used to purchase equipment which was unable to be funded. Secondly, alternative funds may come from the Palm Beach Sheriff’s Office grant program. This program  generates millions of dollars annually. In the past, grant funding has enabled the Sheriff’s Office to purchase patrol boats; additionally, the grant funding, the Sheriff’s Office has also purchased 245 square miles of waterway in Palm Beach County and 45 miles of shoreline (PBSO.org, 2014). Conclusion In conclusion, The Palm Beach Sheriff’s Office is large law enforcement agency within Palm Beach County which provides law enforcement, corrections and court services to Palm Beach County. The Sheriff’s office is also contracted by a number of cities within Palm Beach County to perform law enforcement duties within that area. Drafting a budget proposal can be challenging and difficult for such a large organization. Upon completing this research, one can easily see the much thought and preparation is needed to complete a budget which will allow the Sheriff’s Office to continuously provide services to those within the jurisdictions. The preceding elaborated on the Palm Beach Sheriff’s Office revenue and expenditures and the impact of the expenditures on the revenue source. The preceding also elaborated on who the key players are in terms of making budget decisions and whether or not there is any influence of political and public policies on the Palm Beach Sh eriff’s Office. Finally, the organizational financial analysis alternatives for the Palm Beach Sheriff’s Office were discussed. References Palm Beach County (2014). Preparing for Budgets. Retrieved from website http://www.cops.usdoj.gov/default.asp?Item=2367 PBSO.org, (2014). Palm Beach Sheriff’s Office Budget. Retrieved from website http://pbso.org/index.cfm?fa=budget U.S. Department of Justice (2014). COPS Hiring Program. Retrieved from website http://www.pbcgov.com/ofmb/budget/

Ideal Student Essay

Quote: I realized that the only purpose to revolution is to be able to love who you want, how you want, when you want and where you want†¦ Idle student: An ideal student is someone who is thirsty for knowledge. Such a student will not be distracted in class. After all that is what every teacher desires.This thirst for knowledge will ensure that she is attentive and is committed to learn all that she can about a particular subject so that she can understand it fully. An ideal student will also have certain other distinguishing qualities. She will have well – defined goals in life and her effort will be to do whatever it takes to achieve these goals. For instance, if you ask her what she aspires to be, she will have a ready answer. And she will have a good reason for what she aspires to be. She will also have a clear vision of what is necessary to attain her goal. An ideal student will respect her teachers but will not be afraid of them. She will have the courage to admit her ignorance and ask for advice and direction if she needs it. She will not be the kind of person who accepts things blindly and learns by rote. She will try to grasp concepts and if she finds it difficult, will have the confidence to approach her teachers for more information. She will be active in many things for she understands that one should have a well – rounded personality. She will have character more than anything else for it is character that makes a person’s destiny. She will compete only with herself and if someone seeks her help in class, will show no hesitation in giving it. An ideal student will observe discipline. She will be punctual and properly dressed. She will not absent herself from class for silly reasons and will do her homework daily. She will be neat and tidy and observe decorum in class. Children are the wealth of a nation.A Nation that produces a generation of talented and hardworking youth marches ahead on the path of progress.However creating quality citizens is no easy task and cannot be achieved overnight.The first step for that is to produce ideal students in our schools. These ideal students would go on to become ideal citizens. Who is an ideal student.? There isn’t one definite answer to that because there are many qualities that together define an ideal student.The most important quality of an ideal student is that for him. the foremost duty of his school life is to study.He studies regularly and works hard to improve his  performance in each exam. But his objective of studying is not to only score good marks or secure a high rank.Beyond that he has a thirst for knowledge , an interest to learn more about everything he observes. Apart from studies, an ideal student actively gets involves in other activities. He is good in arts and sports and regularly participates in intra and inter school events.He is an active member of various clubs in the school and helps in organizing events. But participating in competitions and winning events is not the only big thing in life, and an ideal student knows that very well.Virtues like kindness, compassion,respect , sincerity, honesty, politeness are equally important in todays world, and these qualities are found in abundance in an ideal student. He treats his parents, teachers and elders with respect, and speaks politely to everybody. In times of crisis for his friends, he is the first person to stand by them. He never boasts of his achievements and never gets depressed by his failures. He is always cheerful and maintains a positive approach to life.He spreads hope and happiness wherever he goes. In short his conduct is admired by everyone. An ideal student is a voracious reader. He reads the newspaper regularly and is well aware about the events and happenings in various parts of the world. He also reads magazines, noels and short stories.he has an excellent grasp of the language and is very good at communicating things to others.Last but not the least, an ideal student loves his parents and family members very much and does as much as he can to help them and to keep them happy. He never wastes his parents’ hard-earned money and believes that knowledge is the biggest wealth he can acquire.An ideal students grows up to be an asset to his family, his society and the country.If only all our schools couls produce more and more ideal students, our country could achieve tremendous progress and become the envy of the whole world..

Assessment Task-Cypop 14

Assessment task-CYPOP 14 Support children and young people to have possitive relationships. Part 1- The importance of positive relationships. Part2- How to support children and young people when they are in relationship difficulties. 1. identify the different relationships children and young people may have ? Parents, siblings and extended family ? Friends, enemies ? Doctors, dentist ? Social workers ? Teachers/tutors ? Carer’s Explain the importance of positive relationships for development and well-being (Learning outcome 1. 2) ? Children’s welfare can be properly monitored. Children are given consistent care. ? Children’s needs and interests are identified. ? Skills and ideas can be shared. ? Plans for children’s care and education are more effective |A sense of connection and belonging. Good relationships are really important for our wellbeing. Humans have evolved as social animals, so ability to develop good relationships is an extremely important ste p on the path to getting the best out of his or her life. we have a deep, natural need to connect with other people and to belong to a social group.This sense of connection and belonging comes from good relationships with the people around us – in our families, at work or school and with our friends. There is strong evidence that when we feel we belong, we will flourish. This section explains what makes a good relationship. It gives information on how you can build better relationships with children and how you can help children form good relationships with others. A child’s ability to develop good relationships is an extremely important step on the path to getting the best out of his or her life

Teaching Music Essay Example | Topics and Well Written Essays - 750 words

Teaching Music - Essay Example The song is in five sections composed with an introduction and a coda, which is, based on the introduction material obscure the tonality (measure 87). The introductory materials are used throughout the art as a transitional and unifying material. Therefore, regarding the tone, it is heavily influenced by jazz harmonies as initially discussed and with linear passages. The key centers are undecided between C and D. Moreover, the song’s tonal centers are weak because it has used Quartal harmony in horns and trumpets, it lacks cadential harmony structure and emphasizes on horizontal lines, as opposed to vertical sonorities. The vertical sonorities that are present in the composition are cluster chords, extended chord structures, double inflection sonorities and at the very end, one C Major Chord. Wilson makes a broad use of jazz or changed and synthetic scales, which include, changed blues scales, and Minor and major-Locrian scales (Treadwell 8). The opening rhythm in C Section is hocked between all voices. The theme of the piece is to make a harmonious journey to â€Å"home† and with a C major Chord at ever end. Whitacre produces pieces of art that have a unique style that is amazingly powerful and captivating to its audience because of its originality. He is known to write his music in at least eight voice parts, with the strange chord progression, and use of spoken word and percussion. Cloudburst is incredibly complex, and it is set to adopt a Spanish poem by Octavio Paz, â€Å"El Cantaro Roto.† The first part sung without instrumental accompaniment (Cappella section) brings the tone of the piece. In addition, it has a section where the choir has sustained notes with the text that each choir members randomly speaks. The spoken words are not meant to consist of a rhythm as they also have a haunting and disorientating effect on the public or spectators.  

OSHA Legal Aspects of Safety and Health Research Paper - 1

OSHA Legal Aspects of Safety and Health - Research Paper Example Employers at this point if all the standards had been followed would stand to be offered citations unfairly. The other is impossibility of compliance defense whereby at that time of the hazard it was not functionally possible for the business to comply with OSHA standards or alternatives were unavailable. Greater hazard in compliance defense is the other whereby compliance will result in greater hazard than non-compliance. Lack of employer knowledge defense offers an avenue for employers in case they prove to have no prior knowledge of conditions that caused violation (Bitter, 1992). Equipment not in use defense acts to enable a vacation of a citation where the cited equipment was not being used. Marshall v. Barlow’s case went that OSHA searched Barlow’s business without a warrant with a claim that they had the power to do that. OSHA’s claim and conduct was ruled out by the Supreme Court but under that particular circumstance (OSHA, 2010). Atlas Roofing Co. v. OSHRC is the other case where OSHRC was given a green light by the Supreme Court to decide the instances of violations (OSHA,

General Concept and Aspects of Contract and Negligence for Business Essay - 3

General Concept and Aspects of Contract and Negligence for Business - Essay Example A asks B, â€Å"Are you interested in buying this house?† A has not made an offer but is merely asking B if he is interested in making an offer. B replies, â€Å"I’ll pay you  £50000† for this house.† B has made an offer to A and A is at liberty to accept or reject it. In a market where various articles are marked for prices, the marking of price does not mean that the sellers have made offers to sell these items. These are merely invitations to offer. The sellers can refuse to sell these items despite the goods being marked for the price. Communication of offer means that it should be made known to the offeree. The mere desire of entering into an agreement, which is never mentioned to the offeree and remains hidden in the recesses of one’s mind, can never be regarded as an offer. Similarly, when an offer is made through a letter, it is not regarded as an offer until the letter is posted and it reaches the offeree. Also, the offer must reach the offeree through the offeror or his duly authorized agent. If the offeree comes to know of the offer through some outside source, the offer is not valid. An offer can be made generally to the public through the newspaper. But if it is intended for a particular individual, it should be made directly to that individual. Once the offer is made, it needs to be accepted by the offeree for the formation of an agreement. It must be absolute and unqualified. There must be consensus ad idem i.e. both parties must agree to the same thing in the same sense. This means that the offeree should agree to all the terms of the offer. A qualified acceptance is not a valid acceptance. It is regarded as a counter-offer and it terminates the original offer as soon as it is made. If the original offeror agrees to the terms of the counter-offer, an agreement is created. Acceptance should be communicated to the offeror.

Teacher Leadership and Educational Reforms Research Paper

Teacher Leadership and Educational Reforms - Research Paper Example The cultural and contextual outlook of UAE provide an environment that is ideal for the propagation of academic leadership because, teaching is considered as a superior profession in Arab world thus, motivating teachers towards exercising leadership. In this kind of scenario, million-dollar investment in educational sector is a wise decision because; it will be able to change the prehistoric mindset of Arabs towards education. II. Problem Statement and Methodology The major problem that this study wants to study stems from the introduction of educational reforms in UAE educational system upon the due ability of teachers to demonstrate effective leadership. However, to analyze the problem, this paper will review the existing literature on the topic and register findings in coming stages. III. Purpose of the Study The fundamental purpose of this study is to provide a firm theoretical base for a detailed future empirical study that will quantify â€Å"the impact of educational reforms on teachers’ capacity for leadership†. IV. Literature Review At the same time, teacher also posses the duty to bless his students with confidence but, for the accomplishment of this responsibility teacher should be given job autonomy, so that he can plan his lectures and other related activities in a meaningful way. It is believed by management scholars that leadership can only be practiced in a decentralized chain of command. However, in Muslim countries, indigenous collectivist culture has made educational innovation a dream possible to achieve because; people readily form groups with each other in order to achieve some common objectives. Along with this, parents also want a bright future for their children in this fashion, supporting the teachers to bless the students with skills such as creativity that will differentiate them in an international environment. Nevertheless, UAE educational ministry has taken some notable steps recently in order to bring educational in dustry of the country in accordance with international standards. However, UAE and other modern Muslim nations are already on the path of true educational development. In these societies, individuals have been permitted to achieve their personal goals and are supposed to follow the modern social mechanism of individualism thus, inspiring the creativity of individuals, so that they can differentiate themselves in the society. In above-mentioned societies, however teachers can innovate with their teaching methodologies because of flexible cultural aspects, which permit people to think differently. Additionally, when people do think differently they are considered as leaders. So everybody listens to them, due to this supportive societal behavior, people feel encouraged towards thinking differently, therefore creativity always come from enlightened professors of various educational departments in UAE.. However, in developed nations, it is a well-preserved tradition to train teachers in art of advanced leadership, so that they can exercise it during practicing their profession (Coombe, 2009). These institutions are providing able teaching staff for world-renowned universities and institutions for number of centuries. Arab communities are turning towards educational activities and developed culture of collective learning in order to build up their viable human capital in educational sector for the future (Al-Taneiji, 2010).

Reflective paper Essay Example | Topics and Well Written Essays - 250 words

Reflective paper - Essay Example Getting to lead the youth in church, in some of the activities, was an honour. However, problems came as a result of failure to understand many of the peers in the group. In the book, by Dr. Allender, Leading with a Limp, there is talk of how leaders do not rise to power in spite of their weaknesses; rather they rise because of their weaknesses (Allender, 2008). This gave inspiration to group members. The thought of getting to understand people made it easier to relate to them. Adopting a positive attitude through all that increased the chances of finding favour among peers and the elders around the church. This response was welcome from all quarters, and people appreciated the effort to lead through the identified weakness. In conclusion, the lesson learnt is that whatever thing one might think will pull them down, it is wise to try it out first (Allender, 2008). If one fails, it means they know of one way of how not to do something. After all, if nobody makes a mistake, it means they have never tried anything

American Type(s) Essay Example | Topics and Well Written Essays - 250 words

American Type(s) - Essay Example Trompenaars seconds the power dimension using the hierarchy dimension of culture. All individuals ought to understand the positions they hold to adopt effective interaction skills. In addition, human interaction cuts across the social, political, and economic spheres. It is better to adopt a polychronic culture where human interaction is valued over the activities in the modern day world. Edward Hall presents the three common dimensions that separate the American culture from the rest of the world. He analyses cultures through time, context, and space. He places Americans within the dimensions of low context, monochronic time, and high territoriality dimensions. Americans fall under the low context dimension due to their attention to detail. They acknowledge that time is for the essence to obtain a holistic view of life. However, Hall rules out the fact that Americans fail to attach value to human interaction. The social aspects of the American culture are highly influenced by human interaction. Shwalbe, (1996) explains that individuals invent the social world from the patterns of belief and action. There exists an American type that views the social world in form of a human artifact. For example, in America, foreign cultures are viewed as being bound by irrational accounts such as gender bias yet such bias is ignored in the local culture. The American type is bound by patterns of belief that seem natural and must be religiously

Business ethics Essay Example | Topics and Well Written Essays - 1500 words - 6

Business ethics - Essay Example If many patients working under the old plant have already been diagnosed with Cancer, the firm cannot risk continuing with the operations knowing the health implications involved. Even if a cleanup occurs, it is not a guarantee that the scenario will occur again due to the plant being old. Option B, on the contrary, is also unethical because it will expose the workers from Liberia at a serious health risk, not to mention the negative effects on the community. Paying employees’ low wages because of the country they come from is unethical. Employees should not be shown favoritism due to their nationality or ethnicity. The strategy by the firm to cut on labor costs at an expense of the workers in Liberia is very unethical. The firm opting to use Low-tech methods that would cause a health risk to the workers and the community because of toxic hazards released to the Environment is against the Environmental principle of managing toxic wastes. , From an Ethical point of view Option C, can work as the best option among the three options that TK Company has now. Now the Government is offering low interest rates on their financial facilities, thus the firm could resort to take a loan at a low interest rate and use it to improve their new facilities. Facing out the old facilities is ethical on TK’s part because it will reduce the chances of more employees being exposed to cancer infections. In addition, the mechanism they are using to reduce the workforce is very ethical, because no employee will be laid off in an inhumane manner, but has a chance to receive their pension, in addition to all the other retirement benefits. Even though the debt liabilities will rise, the firm can manage it well in the future after the operation at the new facility picks up (Vincent, 2011). Vincent asserts that, every organization, including TK has ethical rules and guidelines, which they refer to as ‘code of ethics’ that they have to

Aunt Jennifers Tiger Essay Example for Free

Aunt Jennifers Tiger Essay Aunt Jennifer’s tigers is a poem by Adrienne Rich illustrating her feminist concerns. In the male dominant world, a women of her time was only supposed to be a dutiful homemaker. This poem through the world of Aunty Jennifer, tells us about her inner desire to free herself from the clutches of abusive marriage and patriarchal society. Poem Summary The first stanza opens with Aunt Jennifer’s visual tapestry of tigers who are fearless of their environment. Bright topaz[1] denizens[2] of a world of green – evoke an image that these regal tigers are unafraid of other beings in the jungle. Bright here signifies their powerful and radiant persona. There is a sense of certainty and confidence in the way these tigers move as can be seen in the line – They pace in sleek chivalric[3] certainty. In the second stanza, the reality of Aunt Jennifer is revealed as she is feeble, weak and enslaved, very much the opposite of the tigers she was knitting. Her physical and mental trauma is depicted in the line – find even the ivory needle hard to pull. Even though a wedding ring doesn’t weigh much, the massive weight of uncle’s wedding band, sits heavily upon Aunt Jennifer’s hand signifies the amount of dominance her husband exercised over her. This also means that her inner free spirit has been jailed by the patriarchal society[4]. The last stanza starts on a creepy note about Aunt Jennifer’s death. Even her death couldn’t free her from the ordeals she went through which can be seen in When Aunt is dead, her terrified hands will lie still ringed with ordeals she was mastered by. While driving from her parent’s home to Cochin, she notices her mother sitting beside her dozing, her face pale like a dead body and her thoughts far away. This reminds her painfully that her mother is old and could pass away leaving her alone. Putting that thought aside she looked out at the young trees speeding by and children running out of their homes happily to play. These remind her probably of youth and life, her own younger days and her mother when she was young. But after the security check at the airport, looking back at her mother standing a few yards away, she finds her looking pale like the winter moon. She feels that familiar pain and childhood fear of the thought of losing her mother and of being lonely just as she had been when she was young because she was different from other children. She could only keep smiling and tell her ‘see you soon’ knowing full well that she might not see her.

Minimum wage essay Essay Example for Free

Minimum wage essay Essay Some people may support minimum wage legislation because they believe it will help struggling workers to make ends meet. What do you think about that? Minimum wage, as a kind of price floor, refers to the least amount of money that employers can legally pay labors for per hour of work. Therefore, government sets a price that is under the market equilibrium price in order to reduce the poverty and ensure that young employees and minority will not be treated unequally. However, those aimed goals are not accomplished as expected and minimum wage only makes economy inefficient and worsens some people’s lives. After the minimum wage is imposed above the equilibrium wage rate, this results in the supply of labour being greater than the demand for labour. Therefore, while only E2 amount of labour is demanded in the market, E3 amount of labour is provided and causes excess labour. In theory, the minimum wage results in excess supply of labour because the higher costs of labour motivate companies to cutoff employees and then cause unemployment, ceteris paribus. Meanwhile, the minimum wage reduces the demand from E1 to E2 so this reduces both consumer and producer surplus, and creates a deadweight loss to the society. Furthermore, it is highly possible that because of the increased production costs, the quantity of supply is increased and the average price level is increased overall, so consumers tend to pay higher prices. Therefore, when price floor is imposed, deadweight loss and excess supply of labour are created, and unemployment rates and overall price level will be increased. Subsequently, although there are considerable large amounts of people are benefited from the minimum wage, those poor people without enough professional skills or in the state of unemployment are likely to suffer worser living conditions. While those people in employment are benefited from the minimum wage, they are also affected by minimum wage negatively, like less opportunities to increase income. Since the minimum wage increases production costs of company, except cutting off labour, companies would also decide to reduce times to promote employees. Therefore, in the long run, those employees will be demotivated and then decrease their passion and working efficiency. Besides, even if those employees still get lots of opportunities, their  living standards will not be enhanced so much because the overall price is also increasing. Therefore, although people enjoying minimum wage have higher wages, they need to pay more when consuming goods in daily life. In conclusion, although minimum wage ensures the salary of some people in the short run, minimum wage creates welfare loss and excess labour in the market, so in the relatively long run, unemployment rate and overall price level will be increased due to increased production costs (which are consist of labour, land, technology and capital). Therefore, for people in the state of unemployment, they will suffer by the higher price and they will be poorer. While for those people benefited by the minimum wage, they tend to obtain less promotion chances, receive higher average prices in the market and in the long run even may lose enthusiasm for working hard.

Communication in the International Trade Environment

Communication in the International Trade Environment Communication consists of so many dimensions and is a very complex subject. While discussing communication, one has to look at several aspects regarding the subject. You have to identify different skills, components and challenges in the environment of communication, though it doesnt end there. A communication line also goes beyond the borders of your business and stretch to international companies. To successfully trade across international borders, you have to analyse the country and culture of the people whom you are trading with. You have to get a feeling for the way they do business and also for customs or manners that could offend them. People from a different background will feel honoured and will be much more open to business if they can see that you respect their ways. Because of this reason, it is also critical to look at the importance of multicultural communication in international trade. Looking at aspects such as marketing, logistics finance and payment, we discuss the important role that communication plays in todays businesses. 1.1 The importance of communication in the international trade environment To communicate is to live. It plays such a vital role in our daily existence that we can do nothing without it, but just as important as it is in our daily existence, the more so vital it is in the business environment because if the communication lines between your business and those of your partners isnt open and up to standard, it could mean the financial ruin of both entities (RANI). Communication is the successful transition of information through a common system of symbols, signs, behaviours, speech, writing or signals. (ITRISA, 2010:30). To implement successful lines of communication in your business, you have to look at all the components mentioned above. 1.1.1 The components of communication According to ITRISA, communication is made up of three components, each one just as important as the other. We look at verbal, written and non-verbal communication to grasp the importance of this complex subject. Verbal or spoken communication is important because that is the quickest way to portray your ideas and hear other peoples. It also provides room for discussion. On the other hand, it can be very difficult to arrange because of the distances between partners. It is not sufficient as means of communication because people can read just as much in the things you dont say but show. This is known as non-verbal communication and helps when words just arent enough to express yourself. Non-verbal communication is reflected in your body language and this can cause confusion. It is very important to do research before communicating face to face with people from other cultures. Your use of personal space, for example, may be offensive to them. This is a very difficult component to exerc ise and should be regarded as one of the most important factor to consider in the relationship between you and your business partners in a other country. Written communication is a very easy way to communicate less important aspects of a deal but should not be used in midst of a crisis, when problems need to be sorted out quickly and with no misunderstandings. More important decisions regarding the deal should be on paper to insure a permanent record of the agreement between the two parties. In todays corporate environment, electronic communication also takes up a major part of the methods companies use. These are just the main methods of communicating. Numerous other means of communication exists and in the end, companies should decide which method might fulfil their needs best. It should be noted that every method of communication has its own advantages but also disadvantages. The main goal when choosing a method should be the success of the deal. The method which will best fit target should be chosen in the end. Once you understand the critical importance of these components, you can start looking communication in the corporate environment. 1.1.2 Communication in the international corporate environment. Communication between employees of the same company is important. Francis Jock takes it even so far as to say that the skill of communication -or the absence thereof- can cause a business to either be successful or to fail. Let us assumes the lines are already in order. To communicate with people from another corporation tends to be slightly more difficult because other corporations may do business in a whole other way. Business partners from other environments are out of your control and are unpredictable (ITRISA: 2010, 25). A general segmentation of the kind of entities one might have to work with can be private companies, government organisations or foreign entities. For the purpose of this essay, we look particularly at the communication between you and a foreign entity. To make successful business deals, employees administering the deals between businesses of different cultural background need to understand the importance of multicultural communication. (HINNER: 2010) According to Hofstede (2001) culture consists of five dimensions. Each dimension is just as important as the other. The first dimension is uncertainty avoidance. This describes the certain cultures need to point out exact details of the transaction so that the risk of failure is minimised. Another dimension is power distance. This refers to the way people of different positions in community, treats each other. In one culture, people might be treated as exact equals while in other cultures, people in higher positions will not be treated as, say a general worker. Aggressiveness discusses the gap between genders in the business environment. Cultures might also adopt either a long or short term orientation. A Long term orientated culture will typically show casual, laid- back manners in dealings and might not be too hasty in closing a deal while the short term orientated culture will do exactly the opposite. Individualism or collectivism is the last dimension identified by Hostede (2001) . This dimension describes the cultures preferences when it comes to working in groups or as individuals. It is very important to keep these dimensions in mind when dealing with other cultures as this could mean either success or failure. 1.2. The Role communication plays in the International Trade Environment. The role of communication in the international trade environment is so important that many studies have been committed to emphasizing and analysing this role. Models to help companies interpret communication in their daily business environment have been created. Databases, statistics and other information has been collected on this subject (GRIFFITH: 2002). It is difficult to ignore the role of communication. According to ITRISA, communication plays a big role in three main aspects of the general business. A discussion of logistics, marketing, finance and payment, follows. 1.2.1. Logistics Though there are many events that can happen which a company has no control over, the role of human error in logistics are a major problem. Communicating various details about a consignment and its shipping specifications is a major part of the success of the business deal. Employees need to make sure that both ends of the partners understand each other when making decisions about the obligations regarding delivery, the costs each partner is liable to carry and freight insurance. To achieve a clear understanding of the responsibilities of each party, there should be good communication between the importer, exporter, inspection officers, and various banks involved, customs authority in both countries, agents and insurers. 1.2.2. Financing and payment of international trade deals Without funds and the proper management necessary, international trade will not be possible. Before entering in a contract with the other company, you have to make sure that the financing on your side is guaranteed. To acquire this financing, proposals to your financer and motivation behind your proposed deals have to be in order. Only after this, you can commit yourself to a partnership with the foreign company. Once this partnership has been established, the two businesses should communicate so that they will be aware of their exact obligations regarding payment, due dates for this payments, the manner in which funds will be forwarded etc. It is important to verify these details so that the financial risk regarding the deal can be minimised. 1.2.3 Marketing Marketing must be the most essential of the three roles because without marketing, you cannot create a market for your product. Without this market, there would be no demand for your product and therefore, no international trade. A company should communicate with affiliates in other countries, get information from them and get to know their clients. One should be very careful not to offend potential customers and thereby stopping the deal even before it could realise. The absence of communication in marketing had previously led to many business deals gone wrong and it is important to get to know the culture of prospecting clients before trying to sell something to them.

Improving First Year /teacher Support Essay -- essays research papers

â€Å"She has been teaching for three years. Her students really like her. She’s dedicated. She’s energetic. She’s creative†¦. She’s quitting† (Michigan Education Association, 2000). This left a school district asking a very simple question; why? Novice teachers enter the career full of questions. What should I do the first day? What curriculum do I teach? How should I arrange the classroom? Who are my students? How will I manage my classroom? What resources are available to me? What does the principal expect? Too many times these questions go unanswered. New teachers are handed their keys, shown to their rooms, and left to fend for themselves. The lack of support for first year teachers is a national problem. â€Å"Addressing the learning needs of new teachers can improve both the rate of teacher retention and quality of the teaching profession† (Ballinger, 2000). In a country where there are more people leaving the profession than entering it, the questions of new teacher training and support is a very important one. â€Å"Typically, principals hire the best qualified teachers from an applicant pool. These new teachers traditionally receive a brief orientation and a warm welcome at the first faculty meeting. But from then on, first-year teachers are usually left on their own and offered very little assistance. No matter what their backgrounds or capabilities, they are given the same responsibilities as 20-year veterans† (Jambor, 1997)! Many school districts nationwide face the challenge...

Inflation and Its Effects on Investment Essay -- Finance Financial Eco

Inflation and Its Effects on Investment For world economic markets, inflation is a fairly new experience as for much of the pre-twentieth century there had been little upward pressure on prices due to gold and other metallic standards. These backed currencies limited governments’ abilities to create new money. So at the end of the gold standard strong political pressures often caused governments to issue more money increasing the money supply and therefor the price level. Inflation reflects a situation where the demand for goods and services exceeds their supply in the economy(Hall, 1982). Its causes could be triggered by the private sector and the government spending more than their revenues, or by shortfalls in output. Price increases could also be triggered by increases in costs of production. For instance increases in prices of imported raw materials will cause inflation if not managed. Whatever the initial cause, inflation will not persist unless accompanied by sustained increase in money supply. In this sense, inflation is a monetary phenomenon. But what effect does inflation have on the economy and on investment in particular? Inflation causes many distortions in the economy. It hurts people who are retired and living on a fixed income. When prices rise these consumers cannot buy as much as they could previously. This discourages savings due to the fact that the money is worth more presently than in the future. This expectation reduces economic growth because the economy needs a certain level of savings to finance investments which boosts economic growth. Also, inflation makes it harder for businesses to plan for the future. It is very difficult to decide how much to produce, because businesses can... ...hem to make financial decisions. If people cannot trust money then they are less likely to engage in business relationships. This results in lower investment, production and less socially positive interactions. Among other effects, people may start to attempt to trade by other, less efficient, means in order to avoid the unpredictable price levels due to inflation. Bibliography Blume, Marshall. Inflation and Capital Markets. Ballinger, Cambridge, 1978. Hall, Robert ed. Inflation, Causes and Effects. University of Chicago Press, Chicago, 1982. Hellerstein, Rebecca. â€Å"The Impact of Inflation,† Regional Review, Winter 1997, Vol. 7, No. 1. Massimo, Caruso. â€Å"Investment and the Persistence of Price Uncertainty,† Research in economics, Vol. 55, June 2001. Morley, Samuel. The economics of Inflation. Dryden Press, Hinsdale, Ill., 1971.

Pleasantville Essay -- TV Shows Pleasantville Essays

Pleasantville If you think about it, today’s world is not such what we call â€Å"user-friendly† place. Unemployment, severe diseases, global droughts and other dreadful natural disasters that are about to happen to our lives. Even better, the more time passes, the more chances you get to face them in the future. But what the heck, everyone will eventually face all of those problems one day. Danger, devotion, abomination, curiosity, and alterations are always present in our lives. You might think that Pleasantville is pleasant. Well do I have some news for you: nope. The name â€Å"Pleasantville† is just a simple irony that’s all. In Pleasantville, everyone is so empty in their minds. For instance, every character always did the same thing over and over. It’s like everything falls into the right way that it should be. The basketball players always score, the wives are always cooking and taking good care of the husbands and children. Husbands are working, children are little precious angels who never get in any kind of trouble. No worries, no problems, just plain good stability. There is no wrong for them because everything was in sync. It would be really tough to adjust to that kind environment where everything becomes dull and unbearable. No color, no fire, nothing exciting except the way Bud made every shot to the basket without even trying to. No changes what’s so ever. As soon as the characters saw changes, everything was getting completely different....

Sociology Evaluation of Method

One good aspect that my method had was that it allowed me to collect very in depth data, people were able to open up to me as it was unstructured interviews, I did have a problem with this though, as I didn't have prepared questions it was hard to compare my participants points of views afterwards and by talking so in depth about a sensitive subject like divorce things could get out of hand, one of my participants even began to cry as she became very emotional. The location to do my interviews in were varied, some were good and some were bad, one of them I had to do in my room and privacy was hard to come by. In my opinion my results are unreliable, but I believe that when talking to people about something as private as this, results will always be this as people feel awkward and don't want a stranger, or somebody from outside of the family to know their business. The participants I believe were the correct ones to interview and had enough experience and met with my criteria, the problem which I found though was that I hadn't interviewed enough; I only interviewed one of each that I wanted. I.e. ONE married couple, ONE cohabiting couple etc. If I had interviewed more people my results would have been more representative, I hadn't thought of this until after. The sampling method I used I thought was appropriate; people knew that they could confide in me and no problems arose with this. If I were to repeat this project I would defiantly change my method, I would do structured interviews as I believe that for my content and analysis it would be a lot easier to compare and that it is also possible to get in depth data this way. I would also interview more people. Evaluation of findings In relation of my first aim, to find out whether divorce on the increase is really seen as a negative aspect of today's society I found that people do take divorce less seriously than before but they don't give it less importance, I know this because nearly all of the couples I interviewed seemed slightly scared of divorce but would mostly consider it, I have found that, on contrary to my beliefs people don't rush into marriages and just get divorced when they find that marriage isn't what they expected, couples nowadays tend to cohabit first so that when they do get divorced they know it is the right thing to do, and the only way out. They cohabit to test their relationship, in order to avoid divorce. Some couples do not marry because of the threat of divorce. I found that people who are more religious see divorce as a problem. I also found that people feel divorce can affect mental health, respondents stated that divorce is not good for your health. The reasons given for the rise of divorce including the fact that marriages are now based of love rather than expectations and the changing role of women. In relation to my second aim, to find out the main reason for more divorces I found that most people believe that it is due to women having more independence, less sexism. This was the one and only thing that all my participants had in common. My findings were similar to previous studies in this area such as Robert Chester who found that nuclear families would never stop existing; he found that families would just change their forms. By having divorces this is what happens, children don't just stop having one of their parents, they still have both, the way in which families tend to be perceived just changes, cohabiting couples are on the up and so is divorce. People see divorce as something negative and positive at the same time, it affects you in both ways and people realise this, they also know that divorce can give them a second start in life when most of their hope is gone. What was interesting about my project was that I was able to research on something that causes hundreds and thousands of people heartbreak and depression everyday but is also seen as normal, I learnt a lot from doing this project, I used to think that people were just careless and got married and divorced as if it doesn't mean a thing, I've found that this is not the case, although more people are getting divorced it doesn't mean that more people are getting married, people stand up for themselves more nowadays, and despite my previous beliefs people DO see divorce as a problem, but also as something positive. By doing this project I have learnt a lot.

The Lost Symbol Chapter 52-57

CHAPTER 52 Mal'akh could feel the tattooed muscles on his back rippling as he sprinted back around the building toward the open bay door of Pod 5. I must gain access to her lab. Katherine's escape had been unanticipated . . . and problematic. Not only did she know where Mal'akh lived, she now knew his true identity . . . and that he was the one who had invaded their home a decade earlier. Mal'akh had not forgotten that night either. He had come within inches of possessing the pyramid, but destiny had obstructed him. I was not yet ready. But he was ready now. More powerful. More influential. Having endured unthinkable hardship in preparation for his return, Mal'akh was poised tonight to fulfill his destiny at last. He felt certain that before the night was over, he would indeed be staring into the dying eyes of Katherine Solomon. As Mal'akh reached the bay door, he reassured himself that Katherine had not truly escaped; she had only prolonged the inevitable. He slid through the opening and strode confidently across the darkness until his feet hit the carpet. Then he took a right turn and headed for the Cube. The banging on the door of Pod 5 had stopped, and Mal'akh suspected the guard was now trying to remove the dime Mal'akh had jammed into the key panel to render it useless. When Mal'akh reached the door that led into the Cube, he located the outer keypad and inserted Trish's key card. The panel lit up. He entered Trish's PIN and went inside. The lights were all ablaze, and as he moved into the sterile space, he squinted in amazement at the dazzling array of equipment. Mal'akh was no stranger to the power of technology; he performed his own breed of science in the basement of his home, and last night some of that science had borne fruit. The Truth. Peter Solomon's unique confinement–trapped alone in the in-between–had laid bare all of the man's secrets. I can see his soul. Mal'akh had learned certain secrets he anticipated, and others he had not, including the news about Katherine's lab and her shocking discoveries. Science is getting close, Mal'akh had realized. And I will not allow it to light the way for the unworthy. Katherine's work here had begun using modern science to answer ancient philosophical questions. Does anyone hear our prayers? Is there life after death? Do humans have souls? Incredibly, Katherine had answered all of these questions, and more. Scientifically. Conclusively. The methods she used were irrefutable. Even the most skeptical of people would be persuaded by the results of her experiments. If this information were published and made known, a fundamental shift would begin in the consciousness of man. They will start to find their way. Mal'akh's last task tonight, before his transformation, was to ensure that this did not happen. As he moved through the lab, Mal'akh located the data room that Peter had told him about. He peered through the heavy glass walls at the two holographic data-storage units. Exactly as he said they would be. Mal'akh found it hard to imagine that the contents of these little boxes could change the course of human development, and yet Truth had always been the most potent of all the catalysts. Eyeing the holographic storage units, Mal'akh produced Trish's key card and inserted it in the door's security panel. To his surprise, the panel did not light up. Apparently, access to this room was not a trust extended to Trish Dunne. He now reached for the key card he had found in Katherine's lab-coat pocket. When he inserted this one, the panel lit up. Mal'akh had a problem. I never got Katherine's PIN. He tried Trish's PIN, but it didn't work. Stroking his chin, he stepped back and examined the three-inch-thick Plexiglas door. Even with an ax, he knew he would be unable to break through and obtain the drives he needed to destroy. Mal'akh had planned for this contingency, however. Inside the power-supply room, exactly as Peter had described, Mal'akh located the rack holding several metal cylinders resembling large scuba tanks. The cylinders bore the letters LH, the number 2, and the universal symbol for combustible. One of the canisters was connected to the lab's hydrogen fuel cell. Mal'akh left one canister connected and carefully heaved one of the reserve cylinders down onto a dolly beside the rack. Then he rolled the cylinder out of the power-supply room, across the lab, to the Plexiglas door of the data-storage room. Although this location would certainly be plenty close enough, he had noticed one weakness in the heavy Plexiglas door–the small space between the bottom and the jamb. At the threshold, he carefully laid the canister on its side and slid the flexible rubber tube beneath the door. It took him a moment to remove the safety seals and access the cylinder's valve, but once he did, ever so gently, he uncocked the valve. Through the Plexiglas, he could see the clear, bubbling liquid begin draining out of the tube onto the floor inside the storage room. Mal'akh watched the puddle expand, oozing across the floor, steaming and bubbling as it grew. Hydrogen remained in liquid form only when it was cold, and as it warmed up, it would start to boil off. The resulting gas, conveniently, was even more flammable than the liquid. Remember the Hindenburg. Mal'akh hurried now into the lab and retrieved the Pyrex jug of Bunsen-burner fuel–a viscous, highly flammable, yet noncombustible oil. He carried it to the Plexiglas door, pleased to see the liquid hydrogen canister was still draining, the puddle of boiling liquid inside the data-storage room now covering the entire floor, encircling the pedestals that supported the holographic storage units. A whitish mist now rose from the boiling puddle as the liquid hydrogen began turning to gas . . . filling the small space. Mal'akh raised the jug of Bunsen-burner fuel and squirted a healthy amount on the hydrogen canister, the tubing, and into the small opening beneath the door. Then, very carefully, he began backing out of the lab, leaving an unbroken stream of oil on the floor as he went. The dispatch operator handling 911 calls for Washington, D.C., had been unusually busy tonight. Football, beer, and a full moon, she thought as yet another emergency call appeared on her screen, this one from a gas-station pay phone on the Suitland Parkway in Anacostia. A car accident probably. â€Å"Nine-one-one,† she answered. â€Å"What is your emergency?† â€Å"I was just attacked at the Smithsonian Museum Support Center,† a panicked woman's voice said. â€Å"Please send the police! Forty-two-ten Silver Hill Road!† â€Å"Okay, slow down,† the operator said. â€Å"You need to–â€Å" â€Å"I need you to send officers also to a mansion in Kalorama Heights where I think my brother may be held captive!† The operator sighed. Full moon. CHAPTER 53 As I tried to tell you,† Bellamy was saying to Langdon, â€Å"there is more to this pyramid than meets the eye.† Apparently so. Langdon had to admit that the stone pyramid sitting in his unzipped daybag looked much more mysterious to him now. His decryption of the Masonic cipher had rendered a seemingly meaningless grid of letters. Chaos. For a long while, Langdon examined the grid, searching for any hint of meaning within the letters–hidden words, anagrams, clues of any sort–but he found nothing. â€Å"The Masonic Pyramid,† Bellamy explained, â€Å"is said to guard its secrets behind many veils. Each time you pull back a curtain, you face another. You have unveiled these letters, and yet they tell you nothing until you peel back another layer. Of course, the way to do that is known only to the one who holds the capstone. The capstone, I suspect, has an inscription as well, which tells you how to decipher the pyramid.† Langdon glanced at the cube-shaped package on the desk. From what Bellamy had said, Langdon now understood that the capstone and pyramid were a â€Å"segmented cipher†Ã¢â‚¬â€œa code broken into pieces. Modern cryptologists used segmented ciphers all the time, although the security scheme had been invented in ancient Greece. The Greeks, when they wanted to store secret information, inscribed it on a clay tablet and then shattered the tablet into pieces, storing each piece in a separate location. Only when all the pieces were gathered together could the secrets be read. This kind of inscribed clay tablet–called a symbolon–was in fact the origin of the modern word symbol. â€Å"Robert,† Bellamy said, â€Å"this pyramid and capstone have been kept apart for generations, ensuring the secret's safety.† His tone turned rueful. â€Å"Tonight, however, the pieces have come dangerously close. I'm sure I don't have to say this . . . but it is our duty to ensure this pyramid is not assembled.† Langdon found Bellamy's sense of drama to be somewhat overwrought. Is he describing the capstone and pyramid . . . or a detonator and nuclear bomb? He still couldn't quite accept Bellamy's claims, but it hardly seemed to matter. â€Å"Even if this is the Masonic Pyramid, and even if this inscription does somehow reveal the location of ancient knowledge, how could that knowledge possibly impart the kind of power it is said to impart?† â€Å"Peter always told me you were a hard man to convince–an academic who prefers proof to speculation.† â€Å"You're saying you do believe that?† Langdon demanded, feeling impatient now. â€Å"Respectfully . . . you are a modern, educated man. How could you believe such a thing?† Bellamy gave a patient smile. â€Å"The craft of Freemasonry has given me a deep respect for that which transcends human understanding. I've learned never to close my mind to an idea simply because it seems miraculous.† CHAPTER 54 Frantically, the SMSC perimeter patrolman dashed down the gravel pathway that ran along the outside of the building. He'd just received a call from an officer inside saying that the keypad to Pod 5 had been sabotaged, and that a security light indicated that Pod 5's specimen bay door was now open. What the hell is going on?! As he arrived at the specimen bay, sure enough he found the door open a couple of feet. Bizarre, he thought. This can only be unlocked from the inside. He took the flashlight off his belt and shone it into the inky blackness of the pod. Nothing. Having no desire to step into the unknown, he moved only as far as the threshold and then stuck the flashlight through the opening, swinging it to the left, and then to the– Powerful hands seized his wrist and yanked him into the blackness. The guard felt himself being spun around by an invisible force. He smelled ethanol. The flashlight flew out of his hand, and before he could even process what was happening, a rock-hard fist collided with his sternum. The guard crumpled to the cement floor . . . groaning in pain as a large black form stepped away from him. The guard lay on his side, gasping and wheezing for breath. His flashlight lay nearby, its beam spilling across the floor and illuminating what appeared to be a metal can of some sort. The can's label said it was fuel oil for a Bunsen burner. A cigarette lighter sparked, and the orange flame illuminated a vision that hardly seemed human. Jesus Christ! The guard barely had time to process what he was seeing before the bare-chested creature knelt down and touched the flame to the floor. Instantly, a strip of fire materialized, leaping away from them, racing into the void. Bewildered, the guard looked back, but the creature was already slipping out the open bay door into the night. The guard managed to sit up, wincing in pain as his eyes followed the thin ribbon of fire. What the hell?! The flame looked too small to be truly dangerous, and yet now he saw something utterly terrifying. The fire was no longer illuminating only the darkened void. It had traveled all the way to the back wall, where it was now illuminating a massive cinder-block structure. The guard had never been permitted inside Pod 5, but he knew very well what this structure must be. The Cube. Katherine Solomon's lab. The flame raced in a straight line directly to the lab's outer door. The guard clambered to his feet, knowing full well that the ribbon of oil probably continued beneath the lab door . . . and would soon start a fire inside. But as he turned to run for help, he felt an unexpected puff of air sucking past him. For a brief instant, all of Pod 5 was bathed in light. The guard never saw the hydrogen fireball erupting skyward, ripping the roof off Pod 5 and billowing hundreds of feet into the air. Nor did he see the sky raining fragments of titanium mesh, electronic equipment, and droplets of melted silicon from the lab's holographic storage units. Katherine Solomon was driving north when she saw the sudden flash of light in her rearview mirror. A deep rumble thundered through the night air, startling her. Fireworks? she wondered. Do the Redskins have a halftime show? She refocused on the road, her thoughts still on the 911 call she'd placed from the deserted gas station's pay phone. Katherine had successfully convinced the 911 dispatcher to send the police to the SMSC to investigate a tattooed intruder and, Katherine prayed, to find her assistant, Trish. In addition, she urged the dispatcher to check Dr. Abaddon's address in Kalorama Heights, where she thought Peter was being held hostage. Unfortunately, Katherine had been unable to obtain Robert Langdon's unlisted cell-phone number. So now, seeing no other option, she was speeding toward the Library of Congress, where Langdon had told her he was headed. The terrifying revelation of Dr. Abaddon's true identity had changed everything. Katherine had no idea what to believe anymore. All she knew for certain was that the same man who had killed her mother and nephew all those years ago had now captured her brother and had come to kill her. Who is this madman? What does he want? The only answer she could come up with made no sense. A pyramid? Equally confusing was why this man had come to her lab tonight. If he wanted to hurt her, why hadn't he done so in the privacy of his own home earlier today? Why go to the trouble of sending a text message and risk breaking into her lab? Unexpectedly, the fireworks in her rearview mirror grew brighter, the initial flash followed by an unexpected sight–a blazing orange fireball that Katherine could see rising above the tree line. What in the world?! The fireball was accompanied by dark black smoke . . . and it was nowhere near the Redskins' FedEx Field. Bewildered, she tried to determine what industry might be located on the other side of those trees . . . just southeast of the parkway. Then, like an oncoming truck, it hit her. CHAPTER 55 Warren Bellamy stabbed urgently at the buttons on his cell phone, trying again to make contact with someone who could help them, whoever that might be. Langdon watched Bellamy, but his mind was with Peter, trying to figure out how best to find him. Decipher the engraving, Peter's captor had commanded, and it will tell you the hiding place of mankind's greatest treasure . . . We will go together . . . and make our trade. Bellamy hung up, frowning. Still no answer. â€Å"Here's what I don't understand,† Langdon said. â€Å"Even if I could somehow accept that this hidden wisdom exists . . . and that this pyramid somehow points to its underground location . . . what am I looking for? A vault? A bunker?† Bellamy sat quietly for a long moment. Then he gave a reluctant sigh and spoke guardedly. â€Å"Robert, according to what I've heard through the years, the pyramid leads to the entrance of a spiral staircase.† â€Å"A staircase?† â€Å"That's right. A staircase that leads down into the earth . . . many hundreds of feet.† Langdon could not believe what he was hearing. He leaned closer. â€Å"I've heard it said that the ancient wisdom is buried at the bottom.† Robert Langdon stood up and began pacing. A spiral staircase descending hundreds of feet into the earth . . . in Washington, D.C. â€Å"And nobody has ever seen this staircase?† â€Å"Allegedly the entrance has been covered with an enormous stone.† Langdon sighed. The idea of a tomb covered with an enormous stone was right out of the biblical accounts of Jesus' tomb. This archetypal hybrid was the grandfather of them all. â€Å"Warren, do you believe this secret mystical staircase into the earth exists?† â€Å"I've never seen it personally, but a few of the older Masons swear it exists. I was trying to call one of them just now.† Langdon continued pacing, uncertain what to say next. â€Å"Robert, you leave me a difficult task with respect to this pyramid.† Warren Bellamy's gaze hardened in the soft glow of the reading lamp. â€Å"I know of no way to force a man to believe what he does not want to believe. And yet I hope you understand your duty to Peter Solomon.† Yes, I have a duty to help him, Langdon thought. â€Å"I don't need you to believe in the power this pyramid can unveil. Nor do I need you to believe in the staircase it supposedly leads to. But I do need you to believe that you are morally obliged to protect this secret . . . whatever it may be.† Bellamy motioned to the little cube-shaped package. â€Å"Peter entrusted the capstone to you because he had faith you would obey his wishes and keep it secret. And now you must do exactly that, even if it means sacrificing Peter's life.† Langdon stopped short and wheeled around. â€Å"What?!† Bellamy remained seated, his expression pained but resolute. â€Å"It's what he would want. You need to forget Peter. He's gone. Peter did his job, doing the best he could to protect the pyramid. Now it is our job to make sure his efforts were not in vain.† â€Å"I can't believe you're saying this!† Langdon exclaimed, temper flaring. â€Å"Even if this pyramid is everything you say it is, Peter is your Masonic brother. You're sworn to protect him above all else, even your country!† â€Å"No, Robert. A Mason must protect a fellow Mason above all things . . . except one–the great secret our brotherhood protects for all mankind. Whether or not I believe this lost wisdom has the potential that history suggests, I have taken a vow to keep it out of the hands of the unworthy. And I would not give it over to anyone . . . even in exchange for Peter Solomon's life.† â€Å"I know plenty of Masons,† Langdon said angrily, â€Å"including the most advanced, and I'm damned sure these men are not sworn to sacrifice their lives for the sake of a stone pyramid. And I'm also damned sure none of them believes in a secret staircase that descends to a treasure buried deep in the earth.† â€Å"There are circles within circles, Robert. Not everyone knows everything.† Langdon exhaled, trying to control his emotions. He, like everyone, had heard the rumors of elite circles within the Masons. Whether or not it was true seemed irrelevant in the face of this situation. â€Å"Warren, if this pyramid and capstone truly reveal the ultimate Masonic secret, then why would Peter involve me? I'm not even a brother . . . much less part of any inner circle.† â€Å"I know, and I suspect that is precisely why Peter chose you to guard it. This pyramid has been targeted in the past, even by those who infiltrated our brotherhood with unworthy motives. Peter's choice to store it outside the brotherhood was a clever one.† â€Å"Were you aware I had the capstone?† Langdon asked. â€Å"No. And if Peter told anyone at all, it would have been only one man.† Bellamy pulled out his cell phone and hit redial. â€Å"And so far, I've been unable to reach him.† He got a voice-mail greeting and hung up. â€Å"Well, Robert, it looks like you and I are on our own for the moment. And we have a decision to make.† Langdon looked at his Mickey Mouse watch. 9:42 P.M. â€Å"You do realize that Peter's captor is waiting for me to decipher this pyramid tonight and tell him what it says.† Bellamy frowned. â€Å"Great men throughout history have made deep personal sacrifices to protect the Ancient Mysteries. You and I must do the same.† He stood up now. â€Å"We should keep moving. Sooner or later Sato will figure out where we are.† â€Å"What about Katherine?!† Langdon demanded, not wanting to leave. â€Å"I can't reach her, and she never called.† â€Å"Obviously, something happened.† â€Å"But we can't just abandon her!† â€Å"Forget Katherine!† Bellamy said, his voice commanding now. â€Å"Forget Peter! Forget everyone! Don't you understand, Robert, that you've been entrusted with a duty that is bigger than all of us–you, Peter, Katherine, myself?† He locked eyes with Langdon. â€Å"We need to find a safe place to hide this pyramid and capstone far from–â€Å" A loud metallic crash echoed in the direction of the great hall. Bellamy wheeled, eyes filling with fear. â€Å"That was fast.† Langdon turned toward the door. The sound apparently had come from the metal bucket that Bellamy had placed on the ladder blocking the tunnel doors. They're coming for us. Then, quite unexpectedly, the crash echoed again. And again. And again. The homeless man on the bench in front of the Library of Congress rubbed his eyes and watched the strange scene unfolding before him. A white Volvo had just jumped the curb, lurched across the deserted pedestrian walkway, and screeched to a halt at the foot of the library's main entrance. An attractive, dark-haired woman had leaped out, anxiously surveyed the area, and, spotting the homeless man, had shouted, â€Å"Do you have a phone?† Lady, I don't have a left shoe. Apparently realizing as much, the woman dashed up the staircase toward the library's main doors. Arriving at the top of the stairs, she grabbed the handle and tried desperately to open each of the three giant doors. The library's closed, lady. But the woman didn't seem to care. She seized one of the heavy ring-shaped handles, heaved it backward, and let it fall with a loud crash against the door. Then she did it again. And again. And again. Wow, the homeless man thought, she must really need a book. CHAPTER 56 When Katherine Solomon finally saw the massive bronze doors of the library swing open before her, she felt as if an emotional floodgate had burst. All the fear and confusion she had bottled up tonight came pouring through. The figure in the library doorway was Warren Bellamy, a friend and confidant of her brother's. But it was the man behind Bellamy in the shadows whom Katherine felt happiest to see. The feeling was apparently mutual. Robert Langdon's eyes filled with relief as she rushed through the doorway . . . directly into his arms. As Katherine lost herself in the comforting embrace of an old friend, Bellamy closed the front door. She heard the heavy lock click into place, and at last she felt safe. Tears came unexpectedly, but she fought them back. Langdon held her. â€Å"It's okay,† he whispered. â€Å"You're okay.† Because you saved me, Katherine wanted to tell him. He destroyed my lab . . . all my work. Years of research . . . up in smoke. She wanted to tell him everything, but she could barely breathe. â€Å"We'll find Peter.† Langdon's deep voice resonated against her chest, comforting her somehow. â€Å"I promise.† I know who did this! Katherine wanted to yell. The same man who killed my mother and nephew! Before she could explain herself, an unexpected sound broke the silence of the library. The loud crash echoed up from beneath them in a vestibule stairwell–as if a large metal object had fallen on a tile floor. Katherine felt Langdon's muscles stiffen instantly. Bellamy stepped forward, his expression dire. â€Å"We're leaving. Now.† Bewildered, Katherine followed as the Architect and Langdon hurried across the great hall toward the library's famed reading room, which was ablaze with light. Bellamy quickly locked the two sets of doors behind them, first the outer, then the inner. Katherine followed in a daze as Bellamy hustled them both toward the center of the room. The threesome arrived at a reading desk where a leather bag sat beneath a light. Beside the bag, there was a tiny cube-shaped package, which Bellamy scooped up and placed inside the bag, alongside a– Katherine stopped short. A pyramid? Although she had never seen this engraved stone pyramid, she felt her entire body recoil in recognition. Somehow her gut knew the truth. Katherine Solomon had just come face-to-face with the object that had so deeply damaged her life. The pyramid. Bellamy zipped up the bag and handed it to Langdon. â€Å"Don't let this out of your sight.† A sudden explosion rocked the room's outer doors. The tinkling of shattered glass followed. â€Å"This way!† Bellamy spun, looking scared now as he rushed them over to the central circulation desk–eight counters around a massive octagonal cabinet. He guided them in behind the counters and then pointed to an opening in the cabinet. â€Å"Get in there!† â€Å"In there?† Langdon demanded. â€Å"They'll find us for sure!† â€Å"Trust me,† Bellamy said. â€Å"It's not what you think.† CHAPTER 57 Mal'akh gunned his limousine north toward Kalorama Heights. The explosion in Katherine's lab had been bigger than he had anticipated, and he had been lucky to escape unscathed. Conveniently, the ensuing chaos had enabled him to slip out without opposition, powering his limousine past a distracted gate guard who was busy yelling into a telephone. I've got to get off the road, he thought. If Katherine hadn't yet phoned the police, the explosion would certainly draw their attention. And a shirtless man driving a limousine would be hard to miss. After years of preparation, Mal'akh could scarcely believe the night was now upon him. The journey to this moment had been a long, difficult one. What began years ago in misery . . . will end tonight in glory. On the night it all began, he had not had the name Mal'akh. In fact, on the night it all began, he had not had any name at all. Inmate 37. Like most of the prisoners at the brutal Soganlik Prison outside of Istanbul, Inmate 37 was here because of drugs. He had been lying on his bunk in a cement cell, hungry and cold in the darkness, wondering how long he would be incarcerated. His new cellmate, whom he'd met only twenty-four hours ago, was sleeping in the bunk above him. The prison administrator, an obese alcoholic who hated his job and took it out on the inmates, had just killed all the lights for the night. It was almost ten o'clock when Inmate 37 heard the conversation filtering in through the ventilation shaft. The first voice was unmistakably clear–the piercing, belligerent accent of the prison administrator, who clearly did not appreciate being woken up by a late-night visitor. â€Å"Yes, yes, you've come a long way,† he was saying, â€Å"but there are no visitors for the first month. State regulations. No exceptions.† The voice that replied was soft and refined, filled with pain. â€Å"Is my son safe?† â€Å"He is a drug addict.† â€Å"Is he being treated well?† â€Å"Well enough,† the administrator said. â€Å"This is not a hotel.† There was a pained pause. â€Å"You do realize the U.S. State Department will request extradition.† â€Å"Yes, yes, they always do. It will be granted, although the paperwork might take us a couple of weeks . . . or even a month . . . depending.† â€Å"Depending on what?† â€Å"Well,† the administrator said, â€Å"we are understaffed.† He paused. â€Å"Of course, sometimes concerned parties like yourself make donations to the prison staff to help us push things through more quickly.† The visitor did not reply. â€Å"Mr. Solomon,† the administrator continued, lowering his voice, â€Å"for a man like yourself, for whom money is no object, there are always options. I know people in government. If you and I work together, we may be able to get your son out of here . . . tomorrow, with all the charges dropped. He would not even have to face prosecution at home.† The response was immediate. â€Å"Forgetting the legal ramifications of your suggestion, I refuse to teach my son that money solves all problems or that there is no accountability in life, especially in a serious matter like this.† â€Å"You'd like to leave him here?† â€Å"I'd like to speak to him. Right now.† â€Å"As I said, we have rules. Your son is unavailable to you . . . unless you would like to negotiate his immediate release.† A cold silence hung for several moments. â€Å"The State Department will be contacting you. Keep Zachary safe. I expect him on a plane home within the week. Good night.† The door slammed. Inmate 37 could not believe his ears. What kind of father leaves his son in this hellhole in order to teach him a lesson? Peter Solomon had even rejected an offer to clear Zachary's record. It was later that night, lying awake in his bunk, that Inmate 37 had realized how he would free himself. If money was the only thing separating a prisoner from freedom, then Inmate 37 was as good as free. Peter Solomon might not be willing to part with money, but as anyone who read the tabloids knew, his son, Zachary, had plenty of money, too. The next day, Inmate 37 spoke privately to the administrator and suggested a plan–a bold, ingenious scheme that would give them both exactly what they wanted. â€Å"Zachary Solomon would have to die for this to work,† explained Inmate 37. â€Å"But we could both disappear immediately. You could retire to the Greek Islands. You would never see this place again.† After some discussion, the two men shook hands. Soon Zachary Solomon will be dead, Inmate 37 thought, smiling to think how easy it would be. It was two days later that the State Department contacted the Solomon family with the horrific news. The prison snapshots showed their son's brutally bludgeoned body, lying curled and lifeless on the floor of his prison cell. His head had been bashed in by a steel bar, and the rest of him was battered and twisted beyond what was humanly imaginable. He appeared to have been tortured and finally killed. The prime suspect was the prison administrator himself, who had disappeared, probably with all of the murdered boy's money. Zachary had signed papers moving his vast fortune into a private numbered account, which had been emptied immediately following his death. There was no telling where the money was now. Peter Solomon flew to Turkey on a private jet and returned with their son's casket, which they buried in the Solomon family cemetery. The prison administrator was never found. Nor would he be, Inmate 37 knew. The Turk's rotund body was now resting at the bottom of the Sea of Marmara, feeding the blue manna crabs that migrated in through the Bosporus Strait. The vast fortune belonging to Zachary Solomon had all been moved to an untraceable numbered account. Inmate 37 was a free man again–a free man with a massive fortune. The Greek Islands were like heaven. The light. The water. The women. There was nothing money couldn't buy–new identities, new passports, new hope. He chose a Greek name–Andros Dareios–Andros meaning â€Å"warrior,† and Dareios meaning â€Å"wealthy.† The dark nights in prison had frightened him, and Andros vowed never to go back. He shaved off his shaggy hair and shunned the drug world entirely. He began life anew–exploring never- before-imagined sensual pleasures. The serenity of sailing alone on the ink-blue Aegean Sea became his new heroin trance; the sensuality of sucking moist arni souvlakia right off the skewer became his new Ecstasy; and the rush of cliff diving into the foam-filled ravines of Mykonos became his new cocaine. I am reborn. Andros bought a sprawling villa on the island of Syros and settled in among the bella gente in the exclusive town of Possidonia. This new world was a community not only of wealth, but of culture and physical perfection. His neighbors took great pride in their bodies and minds, and it was contagious. The newcomer suddenly found himself jogging on the beach, tanning his pale body, and reading books. Andros read Homer's Odyssey, captivated by the images of powerful bronze men doing battle on these islands. The next day, he began lifting weights, and was amazed to see how quickly his chest and arms grew larger. Gradually, he began to feel women's eyes on him, and the admiration was intoxicating. He longed to grow stronger still. And he did. With the help of aggressive cycles of steroids intermixed with black-market growth hormones and endless hours of weight lifting, Andros transformed himself into something he had never imagined he could be–a perfect male specimen. He grew in bot h height and musculature, developing flawless pectorals and massive, sinewy legs, which he kept perfectly tanned. Everyone was looking now. As Andros had been warned, the heavy steroids and hormones changed not only his body, but also his voice box, giving him an eerie, breathy whisper, which made him feel more mysterious. The soft, enigmatic voice, combined with his new body, his wealth, and his refusal to speak about his mysterious past, served as catnip for the women who met him. They gave themselves willingly, and he satisfied them all–from fashion models visiting his island on photo shoots, to nubile American college girls on vacation, to the lonely wives of his neighbors, to the occasional young man. They could not get enough. I am a masterpiece. As the years passed, however, Andros's sexual adventures began to lose their thrill. As did everything. The island's sumptuous cuisine lost its taste, books no longer held his interest, and even the dazzling sunsets from his villa looked dull. How could this be? He was only in his midtwenties, and yet he felt old. What more is there to life? He had sculpted his body into a masterpiece; he had educated himself and nourished his mind with culture; he had made his home in paradise; and he had the love of anyone he desired. And yet, incredibly, he felt as empty as he had in that Turkish prison. What is it I am missing? The answer had come to him several months later. Andros was sitting alone in his villa, absently surfing channels in the middle of the night, when he stumbled across a program about the secrets of Freemasonry. The show was poorly done, posing more questions than answers, and yet he found himself intrigued by the plethora of conspiracy theories surrounding the brotherhood. The narrator described legend after legend. Freemasons and the New World Order . . . The Great Masonic Seal of the United States . . . The P2 Masonic Lodge . . . The Lost Secret of Freemasonry . . . The Masonic Pyramid . . . Andros sat up, startled. Pyramid. The narrator began recounting the story of a mysterious stone pyramid whose encrypted engraving promised to lead to lost wisdom and unfathomable power. The story, though seemingly implausible, sparked in him a distant memory . . . a faint recollection from a much darker time. Andros remembered what Zachary Solomon had heard from his father about a mysterious pyramid. Could it be? Andros strained to recall the details. When the show ended, he stepped out onto the balcony, letting the cool air clear his mind. He remembered more now, and as it all came back, he began to sense there might be some truth to this legend after all. And if so, then Zachary Solomon–although long dead–still had something to offer. What do I have to lose? Three weeks later, his timing carefully planned, Andros stood in the frigid cold outside the conservatory of the Solomons' Potomac estate. Through the glass, he could see Peter Solomon chatting and laughing with his sister, Katherine. It looks like they've had no trouble forgetting Zachary, he thought. Before he pulled the ski mask over his face, Andros took a hit of cocaine, his first in ages. He felt the familiar rush of fearlessness. He pulled out a handgun, used an old key to unlock the door, and stepped inside. â€Å"Hello, Solomons.† Unfortunately, the night had not gone as Andros had planned. Rather than obtaining the pyramid for which he had come, he found himself riddled with bird shot and fleeing across the snow- covered lawn toward the dense woods. To his surprise, behind him, Peter Solomon was giving chase, pistol glinting in his hand. Andros dashed into the woods, running down a trail along the edge of a deep ravine. Far below, the sounds of a waterfall echoed up through the crisp winter air. He passed a stand of oak trees and rounded a corner to his left. Seconds later, he was skidding to a stop on the icy path, narrowly escaping death. My God! Only feet in front of him, the path ended, plunging straight down into an icy river far below. The large boulder at the side of the path had been carved by the unskilled hand of a child: On the far side of the ravine, the path continued on. So where's the bridge?! The cocaine was no longer working. I'm trapped! Panicking now, Andros turned to flee back up the path, but he found himself facing Peter Solomon, who stood breathless before him, pistol in hand. Andros looked at the gun and took a step backward. The drop behind him was at least fifty feet to an ice-covered river. The mist from the waterfall upstream billowed around them, chilling him to the bone. â€Å"Zach's bridge rotted out long ago,† Solomon said, panting. â€Å"He was the only one who ever came down this far.† Solomon held the gun remarkably steady. â€Å"Why did you kill my son?† â€Å"He was nothing,† Andros replied. â€Å"A drug addict. I did him a favor.† Solomon moved closer, gun aimed directly at Andros's chest. â€Å"Perhaps I should do you the same favor.† His tone was surprisingly fierce. â€Å"You bludgeoned my son to death. How does a man do such a thing?† â€Å"Men do the unthinkable when pushed to the brink.† â€Å"You killed my son!† â€Å"No,† Andros replied, hotly now. â€Å"You killed your son. What kind of man leaves his son in a prison when he has the option to get him out! You killed your son! Not me.† â€Å"You know nothing!† Solomon yelled, his voice filled with pain. You're wrong, Andros thought. I know everything. Peter Solomon drew closer, only five yards away now, gun leveled. Andros's chest was burning, and he could tell he was bleeding badly. The warmth ran down over his stomach. He looked over his shoulder at the drop. Impossible. He turned back to Solomon. â€Å"I know more about you than you think,† he whispered. â€Å"I know you are not the kind of man who kills in cold blood.† Solomon stepped closer, taking dead aim. â€Å"I'm warning you,† Andros said, â€Å"if you pull that trigger, I will haunt you forever.† â€Å"You already will.† And with that, Solomon fired. As he raced his black limousine back toward Kalorama Heights, the one who now called himself Mal'akh reflected on the miraculous events that had delivered him from certain death atop that icy ravine. He had been transformed forever. The gunshot had echoed only for an instant, and yet its effects had reverberated across decades. His body, once tanned and perfect, was now marred by scars from that night . . . scars he kept hidden beneath the tattooed symbols of his new identity. I am Mal'akh. This was my destiny all along. He had walked through fire, been reduced to ashes, and then emerged again . . . transformed once more. Tonight would be the final step of his long and magnificent journey.

Difference of Trademark Protection and Passing off Action Essay

Commerce cannot be denied to be an essential factor in the existence of one nation. This is so because commerce is considered as the backbone of economy. Being an indispensable aspect of economy, serious consideration has been taken to ensure the protection of those forming commerce. In the particular field of commerce, an existence of a business is considerably dependent on its name. A business name is a vital aspect of one business because it carries the reputation that has been built up by the business owner. A business name also has several values. Basically, it is used to distinguish a business from another. It will also ensure security and privacy as others cannot arbitrarily encroach or use it. Hence, businesses are required to be registered. The business name being registered is termed as trademark. In the world of commerce, where millions of business establishments evolve, trademark serves a vital role. With trademark, the goods of another are distinguished from that of another. Primarily, trademark serves as an identification of the origin and ownership of the product. Significantly, trademark will also protect the consumer from confusions as to the sources of the goods or services. Through time, some business owners were also established using the name of others. Some cases were deliberately done while other cases were unintentionally done. Due to acts of copying and using famous names, the other party suffered considerable damages. There were also case where famous trademarks or reputable names have been attached by other business owners in their products, goods or services primarily to attract or to deceive customers as to the origin of the goods or services. These situations have been considered as an impetus for the judicial actions of passing off and trademark infringement. Passing Off and Trademark Protection: Definition and Origin In distinguishing passing off and trademark protection, the two have a slim similarity in a way that both protect the business’ privacy. It has also similarity as both are purposely to prevent other business owners from thefts or unauthorized use of business names of others. In addition, both empower business owners to instigate an action in court in cases others have violated their rights to their business name or trademark. Nonetheless, passing off and trademark protection have various differences as to elements, principles, protection, among others. Basically, passing off has no definite definition. However, it has been commonly defined based on Lord Halsbury’s statement in one of cases he decided which states that, â€Å"nobody has any right to represent his goods as the goods of somebody else. † Contrarily, trade mark has been defined in Trademarks Act 1994 as â€Å"any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. † Furthermore, word, design, letter, numeral, or shape of the goods or packaging may constitute trademark. As to origin, Passing off have been recognized by the common law as early as16th century. Few cases tried under passing off includes, Southern v. How and Dean v. Steel . After a century, another passing off case was tried by virtue of Blanchard v. Hill. Although, it was not at that time recognized as passing off, the principle laid down was severally used in many cases. Meanwhile, in Blanchard v. Hill, the plaintiff applied for an injunction to forbid the defendant from using the Great Mogul as a trade mark in the manufacture of the latter’s playing cards. However, Lord Hardwicke refused to grant injunction and reasoned out that the court has no basis to grant an injunction. Besides the court recognized the right of trader to bear a mark for his products or services but it stressed the absence of any instance that will support an injunction. Nevertheless, after several years, through the decision in Blanchard, it has been established that each proprietor has an exclusive right to the mark used in his goods or services offered for sale. In addition, it was interpreted that when the use of other’s mark was stained with fraud, injunction can be granted. In the following century, the term â€Å"pass off† was used in Perry v. Truefit, and it was further interpreted and applied to mean that, â€Å"A man is not to sell his own goods under the pretence that they are the goods of another man. † In the early days, intent was considered as an essential element for passing off. However, in the 20th century cases, the element of intent was abandoned. On the other hand, trademark protection has its recognition in 1863 through Lord Westbury in Edelsen v. Edelsen. In this particular case, the court stressed that there exist a right to property in trade names which is transmissible and enforceable even against innocent infringement. Formally, trade marks were permitted to be registered under the Trade Marks Registration Act 1875. According to this act, anyone was barred from instituting an infringement proceeding provided that the trade mark was earlier registered. The act was further amended by Trade Marks Act 1995. For a mark to serve as a trademark, it must be distinctive by meeting any of the categories namely; arbitrary or fanciful, suggestive, descriptive, and generic. A mark is said to be arbitrary of fanciful if it has no logical relationship with the product it represent. An example is the trademark â€Å"Nike† which does not have logical relationship with shoes. The mark is suggestive if marks evoke or suggest the characteristic of the product like â€Å"Coppertone† which is suggestive of sun tan lotion. A mark is descriptive if the consumers would associate it to the producer rather than on product or services such as â€Å"Holiday Inn†. Lastly, a mark constitutes to be generic if it describes a general category, like â€Å"computers†. Difference Between Passing Off and Trademark Protection Fundamentally, the differences between the two lies on the protection it affords. In passing off, there is no property in the name or design of the business, while in trademark, the registered name or mark is the property being protected. In passing off, the law protects the ownership over the goodwill or reputation of one person which may be destructed by misrepresentation of other people regardless of intention. However, in trade mark protection, the law particularly protects the mark, name, or get- up which has been registered by a business owner. In other words, the property in passing off is the goodwill or reputation while the property in trademark is the trademark itself. Notably, there are three purposes for requiring marks to be registered. One is to guarantee to the consumers of the origin of the marked products or services to avoid the possibility of confusions and serves as a distinction of the goods of one from another having another origin. Second is to protect the customers from deception by other traders. Last purpose is to notify other traders or rival engaged in the same product or services from using the trademarks of another. Having the mark registered, the owner will draw various benefits. One of which is to put off people from using the trademark without permission. The owner can also initiate an action against unauthorized use. Finally, being a property of the owner, he has the discretion whether to sell or have it licensed by other people for a price. As to the acquisition of right, rights to property or goodwill in passing off are acquired in a gradual way because the business owner only builds his business reputation after a long period of time. This is so because a reputation or goodwill is dependent upon consumers, quality and service which necessitate handwork and persistence. Goodwill can also be established on the nature of the mark, degree of distinctiveness, figures of sales, expenses for promotions, marketing of the products and period of use. On the contrary, property right over the trademark and protection of such mark is acquired immediately upon registration. Moreover, goodwill cannot exist independently from the business which has created it even if such can be transferred or assigned to another. On the other hand, trademarks can be licensed or assigned separately from the business by the proprietor provided that such is not spurious or deceiving to the consumers. Furthermore, the two are distinct as to the remedy available in case of unauthorized use of the name or mark. In passing off, the claimant may institute a passing off action while trademark infringement is available in trademark protection. More specifically, a passing off action has been defined as a â€Å"remedy for the invasion of a right of property not in the mark, name or get-up improperly used, but in the goodwill likely to be injured by the misrepresentation made in passing off one person’s goods as the goods of another. † The former is a common law remedy while the latter is a statutory one. It is said to be a common law because it has its genesis from an unwritten law or fundamental practice in the olden days. On the other hand, trademark is statutory because the relief has been created by law or legislations by virtue of Trade Marks Registration Acts. Passing off and trademark protection also differ as to the elements that needed to be proven in seeking judicial intervention. Three elements are required to be satisfied in passing off action while trademark infringement only requires one. In passing off action, the claimant must prove the existence of claimant’s goodwill, the misrepresentation by the defendant, and the damage caused to the plaintiff’s goodwill or reputation. To explicate further, goodwill is the whole benefit derived from a reputation and connection of a firm which has been built up operating honestly and lavishly expending money for a considerable year or period. Likewise, reputation is the public’s opinion on the product that may be associated with the symbol or name under which the product is being marketed. It is considered as a private personal property which is being sold to customer. Through goodwill or reputation, the inherent worth of the product is recognized and the loyalty of the customers to the product is developed. The second element which is misrepresentation must be material one and actionable that is capable of creating real or tangible damage to the plaintiff. Moreover, misrepresentation need not be intentional in order to succeed in a passing off action and any defense of innocence, negligence, or recklessness is not acceptable. Even fraud or malice cannot affect the action but will have effect on the penalty to be imposed. Under misrepresentation, it is necessary for the plaintiff to prove that the public is deceived or is made to believe that the defendant’s goods or business have been authorized or licensed by the plaintiff. The plaintiff must further prove that the customers, actual or prospective, are influenced by the misrepresentation. Since passing off safeguards the good will of the plaintiff, it is important that the misrepresentation being alleged is or had caused material damage to such property. Absence of a clear damage may result in the failure of the action. The damages, tangible or intangible, may be in the form of loss of sales due to confusion or dilution of the reputation. It may be observed that proving damages is difficult, but plaintiff may employ surveys and other statistical methods to show reliable evidence of damages. On the contrary, a claimant in a trademark infringement needs only to establish that the mark alleged to be infringing is deceptive as it is identical or similar with that of the plaintiff’s trademark. The issue involved in passing off is â€Å"whether the use concerned is likely to affect adversely the goodwill of the business. † While injury or damage is necessary in passing off action, the defendant need not cause injury or damage in the case of infringement. It is only necessary that trademark is identically deceptive. This is because the trader considers the trademark as a property and is the only means whereby the manufacturer retains or invites the confidence of the public as to the quality and integrity of the product. From the given elements, it can be observed that it passing off protects the business as a whole which encompasses the name, get- up, style, mode, etc. of the business. However, in trademark infringement only protects the name or symbol of the business.