Friday, December 27, 2019

Different Types Of Sectors The Private Sector - 1016 Words

There are 3 main different types of sectors: The Private sector makes reference to organisations run by private individuals or groups which are not controlled by the state and are run for a profit. An example of an organisation operating within this sector is Delta Auto Parts. On the other hand, company’s operating within the public sector provides government services such as a Council and is anon profitable organisation. The Voluntary Sector consists of non-profit companies that require public donations such as charitable companies like Oxfam and The British Heart Foundation. Different organisational structures are used to organize a company and their employees. There are 4 main organisational structures called classical, functional, divisional and matrix. Classical structure is mainly used for small business and is very concentrated. Delta Auto Parts fits under this category. Functional organization has their employees divided into different groups to cover different job functions and roles. Division structures are similar to functional but are divided within that group so that they have relied on their own resources and function independently. A Matrix organization has teams which are based on different function and only complete specific tasks set on that. There are 3 main business legal structures which are used separately for different business’ as it changes how the company can operate, who shares the profits and losses of the company, taxes being paid but it alsoShow MoreRelatedExplain The Size And Weakness Interrelate With External Macro Factors1199 Words   |  5 PagesBusiness Business Environment Presented by: Md.Raza Student ID: 9170072 Executive Summery In this Assignment we will discuss about different types, and purposes of Public, Private and Voluntary sectors and their Legal structures. We will explain the size and scope of range of different types of organisations. We will define the relationship between different organisational functions and how they link to organisational objectives and structure, then we will identify the positive and negative impactsRead MoreEssay about P3 Unit 1 Business586 Words   |  3 PagesP3 Explain how businesses are classified using local and national examples For this part of my coursework I am going to find out about three different sectors which are primary, secondary, tertiary. For each of them I will give two examples for each local and national businesses. Primary Sector The activities of businesses in this sector are all involved with producing or obtaining raw materials or natural products from land or the sea. The main categories are shown in the followingRead MoreWhat is Spillover? Essay612 Words   |  3 Pagesthought to participate in leisure activities that have characteristics similar to their job-related activities and tasks (Singh Selvarajan 2013). Respectively, those theories are similar and different depend on the situation. For instance, spillover theory can be a reflection of the positive correlations between types of activities engaged in at work. Also, there are positive correlations between subjective reactions to work and to leisure and family life. More importantly, there are exceptions to theRead MoreDescription Of A Purchaser And Provider1471 Words   |  6 Pagesparty entity/purchaser. It simply means that the service provider is not the same as the service purchaser. It can also be described as a situation whereby the duty of paying for care and delivery of care is separated; usually, and carried out by different entities/ organizations.1, Usually, there is a third party entity that manages the provider by virtue of a contractual agreements and this same party is responsible for purchasing health care which is delivered by the provider. This third partyRead MoreMerit Based Compensation For Public Sector : Opportunities And Limitations732 Words   |  3 Pageswould like to research is the feasibility of merit-based compensation in the public sector: opportunities and limitations. I would like to explore merit-based compensation systems in public organizations, their effect on performance and motivation of employees, and analyze the factors that may provide limitations to the performance-based compensation in the public sector. The same way as the business, public sector depends on talented, qualified, skilled and efficient employees, and is interestedRead MoreDifferences Between Private Sector And Voluntary Sector1393 Words   |  6 Pagesbetween the private sector, public sector and voluntary sector Private Sector Businesses and industries that are not owned or controlled by the Government. Private Sector organisations operate privately to make a profit with income generated from the sale of their products or services. Although many private sector firms are owned and controlled by individuals, many are owned by groups of people; for example, companies may be owned by shareholders, who have invested in that company. The Private SectorRead MoreHow A Business Is An Organization Or Economic System1448 Words   |  6 Pagesbusiness requires some form of profit and this will mainly be traded through investment. Entrepreneurship is the process of which starting a business, This is usually a new company offering an innovative product, process or service. There are four different business sizes which are Micro, Small, Medium and Large Businesses. A micro Business has up to nine staff members and popular examples of it are Corner shops and Newsagents. Many Business owners like the idea of starting a micro business becauseRead MoreEssay On Customer Service1066 Words   |  5 PagesSector Wise Customer Service provided Customer Customer Service Total Yes No Internal 22 78 100 22% 78% 100% External 38 62 100 38% 62% 100% Total 60 140 200 30% 70% 100% Fig. 5.17: Sector Wise Customer Service Provided It is evident from the table that the external customers, the majority of the respondents (78%) say that the public sector companies have not inclined towards the customer service in all aspects. There is a small percentage of the respondents (22%) who areRead MoreQuestions On Public Financial Management System Essay1461 Words   |  6 Pages NAME: Tapera Munyavhi REG. NUMBER: R123729T DEPARTMENT: Accounting MODULE: Public Sector Accounting MODE OF ENTRY: Visiting LEVEL: 4.1 LECTURER: Ms Nyamwanza ASSIGNMENT â€Å"The civil service and government subscribe to a different code of ethics than the rest of us† Critically discuss this statement with reference to the Zimbabwean public financial management system. [25] The civil service is those branches of public service concerned with all government administrationsRead MoreManagement Incentives : Public And Private Organizations1221 Words   |  5 PagesManagement Incentives in Public and Private Organizations Public organizations and private organizations experience a significant difference in management incentives. Public managers are more likely to obtain lower and less performance-based benefits that may determine their disposition to take a risk. Studies show that the organizations in the public sector recruit fewer risk-taking entrepreneurs than organizations in the private sector as a result of the expectations of penalties or rewards of

Thursday, December 19, 2019

Essay on Patriot Act Violates Civil Liberties - 1838 Words

Since the terrorist suicide bombed the world trade center and a wing of the pentagon, there has been a change in the relationship between the United States government and the people. The executive branch has taken steps that undermine the principles in the United States constitution. In order to ensure a more democratic society, we have to tell the difference between effective governing and individual freedom. There is one main topic Im going to talk about how the 1st amendment, 4th amendment, 5th amendment, and 6th amendment are being eroded by the USA PARTRIOT Act which introduced a overabundance of legislative changes which considerably increased the surveillance and investigative powers of law enforcement agencies in the United†¦show more content†¦Such a vague definition invites abuse, in which the distant possibility of danger creates a pretext under which political activists can be arrested and charged with felony domestic terrorism, rather than the misdemeanor charge s that they usually get. Section 411 of the USA PATRIOT Act also threatens First Amendments rights both by punishing expression and limiting our access of to ideas. Under this provision, entry into the United States is made reliant on a political litmus test: individuals associated with groups whose endorsement of acts of terrorist activity the Secretary of State has determined undermines the United States efforts to reduce or eliminate terrorist activity will be denied entry. This restriction is kind of like the one used in the McCarran-Walter Act- the law which denied entry into the country to any foreign national associated with a communist party or movement. If you think the USA PATRIOT Act is a big thorn in the side of our future of free expression in this country, Its nothing compared with the actions of the Justice Department. After September 11th, reports surfaced of FBI agents questioning people about their political views and activities. In one situation in October of 2001 , a retired man in San Francisco was questioned extensively about his politics after he voiced doubts about the war in Afghanistan in his health club. Three days later, a college student in North Carolina was interviewed after the FBI received reports that she wasShow MoreRelated The War on Terrorism is an Attack on American Civil Liberties835 Words   |  4 PagesWar on Terrorism is an Attack on American Civil Liberties After the attacks on 9/11 our country has been forced to confront the issue of terrorism.   The war on terrorism has ignited a war on our civil liberties.   Our civil liberties have been affected by the passing of the Patriot Act, the violation of privacy, and an increase in racial profiling. Civil liberties have been affected immensely by the Patriot Act.   A brief definition of the Patriot Act is; uniting and strengthening America byRead MoreThe US Patriot Act1038 Words   |  4 PagesIntroduction Americans have always held the rights and liberties close to their hearts. Ever since we became an independent nation. After the tragic events that happened on September 11th, 2001, Citizens of America began to ponder if some of their rights and liberties should be sacrificed to prevent such an attack in the future. National unity took over the country and Americans bonded and held each other up. They stood up in the face of terrorism and the Presidents approval rating soared throughRead More The Patriot Act Essay1684 Words   |  7 PagesThe Patriot Act After the terrorist attacks of September 11th, 2001 our country underwent a change that has drastically affected the fundamental values that our founding fathers instilled in this country. Since that tragic day in September the aftermath of the attacks has started to implicate our Civil Liberties that in this country we hold so dear. Just 45 days after the September 11 attacks, with virtually no debate, Congress passed the USA Patriot Act on October 5th, 2001. This act expandedRead MoreThe Patriot Act Suppresses Criticism of the Government Essay examples1028 Words   |  5 Pagesindividual liberty is the freedom of speech: the right to express and communicate ideas, to set oneself apart from the dumb beasts of field and forest†¦Ã¢â‚¬  My family came to the U.S. because of the promises of freedom. When we were in India we could not speak ill of the politics that were corrupt because if we did there would be chaos and riots. As we came to America we found that we did not have t o look constantly behind are backs when we criticized the government until the Patriot Act was put intoRead MoreThe USA Patriot Act Essay1501 Words   |  7 PagesUSA Patriot Act After the devastating attacks on the United States on September 11, 2001, this country scrambled to take action to provide future protection. New techniques had to be developed to protect the nation from the menace of terrorism. Along with the new techniques came the decision to enact laws that some believed crossed the threshold of violating civil liberties this county and those living in it were guaranteed by the Constitution of the United States. â€Å"On October 26, 2001, theRead MoreThe Patriot Act1467 Words   |  6 Pagespledged to respond within boundaries set by the Constitution confronting and preventing terrorist attacks. Through Patriot Act, the law enforcement agencies of the Untied States are given the most effective tools to combat terrorists having intentions or plans to attack the nation. It is, in fact, a significant weapon for nation s fight against terror. Major purpose of the Patriot Act is to break wall of regulatory and legal polices existing between the law enforcement agencies and intelligence toRead MoreThe Patriot Act : American Citizens Favor Their Civil Liberties1351 Words   |  6 PagesThe Patriot Act American citizens favor their civil liberties granted by the law and the Constitution. Civil liberties are freedoms of a citizen granted by the U.S. Constitution without arbitrary government abridgement. They are important because those freedoms protect the people from an oppressive government and other oppressive citizens. These rights include the freedom of assembly, petition, press, religion, speech and civil rights. The rights separate the United States from a tyrannical governmentRead MoreThe Patriot Act By Robert F. Kennedy2133 Words   |  9 Pagescongress passed the Patriot Act. The Patriot Act stands for the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. The Patriot Act was enacted in response to the attacks of the September 11th with the intentions of terminating international terrorist operating within American. Thought the Patriot Act stands for protecting America and its citizens it also has many provisions that violate the US constitution. Firstly the Patriot Act encroaches onRead MoreThe Patriot Act Essay1618 Words   |  7 Pagesterrorist so the U.S government enacted the patriot act, which gave more power to the federal law-enforcement and intelligence gathering in suspected terrorist crimes. The patriot act gives the government power to do whatever they want for â€Å"national security† and take away the civilians civil rights. The government can tap into cell phones and listen in on conversations or even watch what people are searching on the internet. Since the passing of the patriot act racial profiling has grown in the pastRead MoreOutside Evaluation: The Patriot Act Essay1158 Words   |  5 Pageshijacked American planes, then used them in the single most horrific event in modern US time. If we have learned anything from these ungodly acts, it is that America is very resilient. A little over a month after the September 11 attacks, congress passed a provision that , former President George W. Bush, signed into law. This law is called the USA Patriot Act. The purpose of this law was to ensure that future attacks initiated on US soil, would be avoided. Many citizens have mixed emotions concerning

Tuesday, December 10, 2019

Comparative Analysis of Credit Institutions †MyAssignmenthelp.com

Question: Discuss about the Comparative Analysis of Credit Institutions. Answer: Introduction: A credit institution is an official chartered institution that receives deposits, provide savings and checking accounts, and provide loans among other services. This paper will research credit institutions in providing credit. Many people or firms take loans to finance their businesses to do major projects, credit institution has been to their rescue in providing them with this funds and paying later at a profit (Crouhy et al, 200). Before getting credit from the credit institutions, some documents must be filled, and collateral is taken to the bank. The amount of money, which can be loaned to the individual, depends on the value of the collateral When there is breach in contract by the borrower, the credit institution with the help of law has the right to take the collateral that is of the same value as the credit given and trade it to compensate for the loss. Credit institutions have been of great benefit to small businesses and the government since it contributes to the development of economy by funding entrepreneurs to start their own business (Mosley Hulme, 2006). Therefore, this paper will analyze credit institutions in the provision of credit. Provision of credit has widely been considered as one of the most important sources of finance for most people in the world at large. Greater populations in the country both in the rural and urban areas acquire credit from various credit institutions to facilitate their developmental activities (Muldrew, 2016). Loans help increase family income and therefore help the less fortune collect their capital funds and therefore enable them to invest in activities that generate employment With the growing population and an increasing lack of employment, more people acquire loans to fund their entrepreneurial projects. However, financial institutions such as commercial banks are reluctant when it comes to catering to the needs of small lenders as per their lending terms and conditions (Chaibi and Ftiti, 2015). There is a myth in financial institutions that it is almost impossible to loan the poor as they cannot present the required security or collateral and therefore considered as un-creditworthy In accordance with some survey (Leone and Porretta, 2014), most people are withdrawing from SACCOS, and this begs for the question, what is happening with the provision of credit in SACCOS now that was not earlier before. This is in line with the fact that in the recent past years, SACCOS were considered the best in the provision of credit Alongside formal financial institutions, Informal financial institutions have also embraced financial transactions relating to the provision of credit in many countries Knowledge acquired after informal finance indicates that most of the rural poor, a good example being women, in most get better access to the informal credit facilities as compared to the formal sources. This has also been proven as per the reports obtained from the surveys of credit the markets. This, in turn, leads to the question: Why have informal financial institutions succeeded even in circumstances where formal institutions have failed? Another credit institution that has grown over time is the category of microfinance institutions. One of their main features is that they do have a large number of clients regardless of the fact that their total asset base is so small as compared to the traditional financial institutions. They provide credit to the less fortunate who do not have or have little collateral and in most cases possess minimal business experience (Tang Guo, 2017). Another feature is that they hold loan portfolios that are poorly diversified since their target households tend to come from the same region and furthermore often practice similar activities. This situation makes the MFIs operate under information asymmetry among there borrowers and as subjects of high default risk. It is therefore evident that there is a huge disparity in the provision of credit between both the formal and informal institutions in general. This study will be aimed at analyzing these variations and their roles in access s and provision of credit to individuals. The findings of this study will reveal the shortcomings of the policy used by credit institutions thus important in policymaking. It will determine places that should be emphasized and corrected The study is also of significant value especially at the time when most people were considering taking loans from credit institutions but failed to understand the regulations. This mainly focused on the ordinary human beings who are speculating enjoying credit facilities. The study is also of assistance to the existing credit institutions. Since most of the institutions are competitors for the same market, they were able to gauge what competitive edge one institution had from the other. Business discipline and academic areas related to the research The research report is related to many disciplines like finance, business management, accounting, human resource, marketing among others. It is related to finance, accounting, actuarial, statistic and economics such that bank rates are used by the financial manager to calculate the probability of the company getting loss or gain if they borrow given amount (Siqueira et al, 2016). Sales and marketing people use the research topic to see the area of influence and to advise their clients. This chapter will help to review the existing literature based on credit institutions and provision of credit. It mainly focuses on the features of these institutions and how the differences affect the mentality of lenders, which in turn generates to how they are viewed regarding the provision of credit. This chapter also forms the basis for which a conceptual framework will be done later on. A lot of research work has tried to outline the various functions of credit institutions. Theoretical analysis majorly bases their arguments on the informal sector. According to Amaral and Quintin (2006), there are four major approaches used by informal institutions for providing credit. These approaches include lending to individuals, incorporated credit models, lending to community-based businesses and group-based minimalists credit systems. As per the minimalist approach, there is the provision of credit even without any form of support. The group-based approach tends to use already formed groups that are in existence or newly formed ones. The functionality of this approach is based on the principle that entrepreneurs view credit as one of the important things in putting a business. According to this approach, credit is offered to small groups that guarantee the loans provided to their members (Amaral and Quintin, 2006). The members need to make a weekly contribution to a joined account baring the name of the group. This account acts as a loan guarantee fund and as a saving account for every member. The members are allowed to receive another loan only after they have paid the first loan. This, therefore, ensures responsibility of the members. In the integrated model, there is a combination of credit with technical assistance and training (Amaral and Quintin, 2006). Individuals who require loans interact directly with the loan officers. Before any loan is granted, there have to be either one or two guarantors who will guarantee the loan. The funds used in training and offering technical assistance makes this approach expensive. Provision of financial services Provision of credit by financial institutions is normally viewed as one of the restrictions limiting their gain from borrowers. Most credit institutions, especially the formal financial institutions prohibit the problem of accessibility, which is displayed in the form of complicated application procedures, prearranged minimum loan amounts and restrictions put on credits obtained for specific purposes (Demirg-Kunt Singer, 2017). More problems occur on the side of borrowers who are smallholders and poor. The requirements such as collateral tend to stand in their way, which should be the case. As long as there are proper procedures for disbursement, proper supervision and repayment dates have been established; the poor will be able to obtain loans and repay them. Moreover putting high-interest rates on credits, helps discourage the influential non-targeted credit program. This clearly indicates the necessity to build up appropriate institutions that will conveniently provide the small-scale borrowers with loans (Coleman, 2016). Microfinance institutions, on the other hand, put in place more lenient policies on the provision of credit, which have been an added advantage to them. Microfinance institutions attempt to overcome problems of contract enforcement and imperfect information (Martinez-Sola et al., 2014). This is through the development of non-traditional mechanisms that are necessary for screening applicants, monitoring borrowers actions and the creation of incentives to repay. Traditionally, microfinance institutions have depended on donor funds, and subsidies as raising funds on the commercial basis have rendered difficult. Because of these irregularities, one wonders whether these institutions should be regulated (Demirg-Kunt Singer, 2017). Credit institutions have been characterized by their varying ways of providing credit to borrowers. The informal institutions mainly show the inability to satisfy the existing demand especially in the rural areas that is their main target. According to Straub (2005), the small size of resource controlled by the informal sector has been the main reason for its inability while the difficulty in administration of loan like risk of default, monitoring and screening and high cost of transaction has affected formal sector. Both formal and informal institutions exhibit certain similarities. These similarities relate to their mode of penalties. When the formal contract enforcement mechanism is missing, the informal and formal institution resort to borrowing practices that uses loan screening instead of monitoring that appears to propose more concern with contrary selection than moral hazard. The differences only appear in method employed by these institutions (Coleman, 2016). Formal institution uses project screening while the informal institution checks on the reputation of the borrower. They rely on history and character of the borrower. Informal institutions rarely undertake loan monitoring since they know borrowers as opposed to formal institutions, which are because of lack of facilities (Martinez-sola et al., 2014). Another difference that emerges in characteristics of credit institutions is that transaction costs are lower in informal institutions as compared to formal institutions. Most financial institutions serve as financial intermediaries. These financial institutions based on their primary sources of funds and how they use these funds. The institutions are depository institutions known as banks, investment intermediaries, and contractual savings institutions. The following explanation of the characteristics of each of these institutions has followed from the work. Linkages between formal and informal financial institutions Past literature has revealed that there are some linkages in credit institutions. These linkages mainly exist between the formal institutions and the informal institutions. The structure of formal credit institutions does not allow them to respond efficiently to the small farmers and individuals needs. This may be because of information asymmetry between the borrowers and the banks therefore hard for the bank to guarantee repayment. Furthermore, loans require security before it approved and granted (Islam, 2016). This, therefore, acts, as a limiting factor since small farmers and individuals may not be in a position to provide the required security, and in any case, they do it might not be in an acceptable form as required by formal financial institutions (Deville, 2015). Informal financial institutions are more open to short-term credit requirements as compared to the formal sector (Lane and McQuade, 2014). This, therefore, gives low-income individuals access to loans, which might be easily accessible in other institutions and sometimes at a lower cost. The linkages between these financial institutions in two ways; that is horizontal and vertical. Under horizontal view, the formal sector banks are allowed to be in direct competition with small-scale moneylenders in the provision of credit (Gough, 2017). On the other hand, vertical view allows formal lenders access the formal lending sources and be able to re-lend the borrowed funds. The literature review about past research has mainly focused on the differences portrayed by various credit institutions concerning their features and characteristics. This literature has also shown that credit institutions vary in their policies, for example, formal credit institutions mainly focus on loan screening and monitoring and place collateral as security while on the other hand informal credit institutions base their security on personal information about the loaner. Despite these variations, individuals still prefer certain institutions than others when securing loans and over the recent years, SACCOs have shown greater performance in the provision of credit. This study seeks to establish the added advantage some institutions have over others. Critical Analysis of a Text (e.g. what is my research question? why select this text? does the Critical Analysis of this text fit into my investigation with a wider focus? what is my constructive purpose in undertaking a Critical Analysis of this text?) My topic comparative analysis of credit institution in provision of credit and the research article has been able to answer the research questions like What variations were observed in provision of credit among credit institutions? How did those variations impact the performance of credit institutions and loaners at large? What criteria did credit institutions use while issuing credit to its customers. What type of literature is this? This is a research paper because it reports on steps and factors credit institutions consider before they issue out loans. It also tries to identify the linkage between formal and informal sectors in allocation of credit and finally the literature review shows the dependent and independent variables necessary for this research paper What sort of intellectual project for study is being undertaken? a) How clear is it which project the authors are undertaking? (e.g. knowledge-for-understanding, knowledge-for-critical evaluation, knowledge-for-action, instrumentalism, reflexive action?) b) How does the sort of project being undertaken affect the research questions addressed? (e.g. investigating what happens? what is wrong? how well does a particular policy or intervention work in practice?) What is being claimed? What are the main kinds of knowledge claim that the authors are making? (e.g. theoretical knowledge, research knowledge, practice knowledge?) How clear are the authors claims and overall argument? (e.g. stated in an abstract, introduction or conclusion? unclear?) With what degree of certainty do the authors make their claims? (e.g. do they indicate tentativeness? qualify their claims by acknowledging limitations of their evidence? acknowledge others counter-evidence? acknowledge that the situation may have changed since data collection?) How generalized are the authors claims to what range of phenomena are they claimed to apply? (e.g. the specific context from which the claims were derived? other similar contexts? a national system? a culture? universal? implicit? unspecified?) To what extent is there backing for claims? a) What, if any, range of sources is used to back the claims? (e.g. first hand experience? the authors own practice knowledge or research? literature about others practice knowledge or research? literature about reviews of practice knowledge or research? literature about others polemic?) If claims are at least partly based on the authors own research, how robust is the evidence? (e.g. is the range of sources adequate? are there methodological limitations or flaws in the methods employed? do they include cross-checking or triangulation of accounts? what is the sample size and is it large enough to support the claims being made? is there an adequately detailed account of data collection and analysis? is a summary given of all data reported?) How, if at all, could the authors have provided stronger backing for their claims? References Amaral, P.S. and Quintin, E., 2006. A competitive model of the informal sector. Journal of monetary Economics, 53(7), pp.1541-1553. Retrieved from: https://www.sciencedirect.com/science/article/pii/S0304393206000821 Straub, S., 2005. Informal sector: the credit market channel. Journal of Development Economics, 78(2), pp.299-321. Retrieved from: https://www.sciencedirect.com/science/article/pii/S0304387805000684 Chaibi, H. and Ftiti, Z., 2015. Credit risk determinants: Evidence from a cross-country study. Research in international business and finance, 33, pp.1-16. Retrieved from https://www.sciencedirect.com/science/article/pii/S0275531914000324 Coleman, W.D., 2016. Financial services, globalization and domestic policy change. Springer. Retrieved from: https://books.google.co.ke/books?hl=enlr=id=dhe_DAAAQBAJoi=fndpg=PR9dq=Coleman,+W.D.,+2016.+Financial+services,+globalization+and+domestic+policy+change.+Springer.ots=N8XbAJawvmsig=DWCGQZ1Qe5cql-WShpOrR-36ldAredir_esc=y#v=onepageqf=false Crouhy, M., Galai, D. and Mark, R., 2000. A comparative analysis of current credit risk models. Journal of Banking Finance, 24(1-2), pp.59-117. Retrieved from: https://www.sciencedirect.com/science/article/pii/S0378426699000539 Demirg-Kunt, A. and Singer, D., 2017. Financial inclusion and inclusive growth: a review of recent empirical evidence. Retrieved from: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2958542 Deville, J., 2015. Lived economies of default: Consumer credit, debt collection and the capture of affect. Routledge. Available at: https://books.google.co.ke/books?hl=enlr=id=cDuhBgAAQBAJoi=fndpg=PP1dq=Deville,+J.,+2015.+Lived+economies+of+default:+Consumer+credit,+debt+collection+and+the+capture+of+affect.+Routledge.ots=E7jrWCd1Jssig=57GH2iNJpQU2oaeK2GPgyXahsFIredir_esc=y#v=onepageqf=false Gough, I. 2017. Globalization and national welfare regimes: The East Asian case. In Social Security in the Global Village (pp. 63-82). Routledge. Islam, T., 2016. Microcredit and poverty alleviation. Routledge. Lane, P.R. and McQuade, P., 2014. Domestic credit growth and international capital flows. The Scandinavian Journal of Economics, 116(1), pp.218-252. Retrieved from: https://onlinelibrary.wiley.com/doi/full/10.1111/sjoe.12038 Leone, P. and Porretta, P., 2014. Introduction. In Microcredit, Guarantee Funds in the Mediterranean (pp. 1-21). Palgrave Macmillan, London. Retrieved from: https://link.springer.com/chapter/10.1057/9781137452993_1 Martnez-Sola, C., Garca-Teruel, P.J. and Martnez-Solano, P., 2014. Trade credit and SME profitability. Small Business Economics, 42(3), pp.561-577. Retrieved from: https://link.springer.com/article/10.1007/s11187-013-9491-y Mosley, P. and Hulme, D., 2006. Finance against Poverty: Volume 2: Country Case Studies. Routledge. Retrieved from: https://www.taylorfrancis.com/books/9781134803781 Muldrew, C., 2016. The economy of obligation: the culture of credit and social relations in early modern England. Springer. Retrieved from: https://books.google.co.ke/books?hl=enlr=id=Lz2_DAAAQBAJoi=fndpg=PR9dq=Muldrew,+C.,+2016.+The+economy+of+obligation:+the+culture+of+credit+and+social+relations+in+early+modern+England.+Springer.ots=jBG7JWcqRisig=w2LoACow3EKZtav2xTEVrhAf6M8redir_esc=y#v=onepageqf=false Siqueira, A.C.O., Webb, J.W. and Bruton, G.D., 2016. Informal entrepreneurship and industry conditions. Entrepreneurship Theory and Practice, 40(1), pp.177-200. Available at: https://onlinelibrary.wiley.com/doi/full/10.1111/etap.12115 Tang, S. and Guo, S., 2017, July. Formal and informal credit markets and rural credit demand in China. In Industrial Economics System and Industrial Security Engineering (IEIS'2017), 2017 fourth International Conference on (pp. 1-7). IEEE. Retrieved from: https://ieeexplore.ieee.org/abstract/document/8078663/

Tuesday, December 3, 2019

The current state of legal aid funding leaves many Australians without access to justice

The Legal Aid Act was established in 1978 so that access to justice for the disadvantaged, poor or excluded Australian citizens would be enhanced in a cost-effective way (Bernard, Snipes and Gerould, 29). The Legal Aid Act established a Legal Aid Commission (LAC) that ensured that the citizens who did not have the capacity or means to hire and engage private legal practitioners were able to access the Australian justice system (Kubrin, Stucky and Krohn, 18).Advertising We will write a custom essay sample on The current state of legal aid funding leaves many Australians without access to justice specifically for you for only $16.05 $11/page Learn More This fact would help the citizens to enjoy relatively equal and just outcomes of criminal, civil, family and administrative law matters. This Act was also important in that the access to justice and equality would conform to the legitimacy of the Australian justice system. This aspect would therefore help in avoiding social fragmentation between those who would not afford private legal consultations and those who would. The Legal Aid Act[1] of 1978 contained thirteen parts. The parts included preliminary definitions, establishment and functions of the Legal Aid Commission, its committee and provisions of legal assistance by the commission, reconsideration and review of decisions, finances of the commission, administrative provisions relating to the Legal Aid Commission, committees and reviews. It also included consultative committees; miscellaneous liabilities of the commission and finally, the transitional and the savings part respectively (Ilana and Bard, 17). Annotations 1.Denniss, R. Fear, J. and Millane, E. (2012). â€Å"Justice for All.† Giving Australians greater access to legal systems, Institute paper 8(1), 3-8. Print. According to the article, every individual needs to get fair treatment in the courts. It is therefore necessary that he procures the representation of a lawyer in any given court case. Lawyers can be expensive depending on the seriousness of the case that needs to be resolved and the ability and capacity of the person seeking representation to pay for legal services. The legal system operates by the rule of law that applies to all citizens. The high cost of legal representation has fundamental implications on the rights of disadvantaged citizens. Since 1973, the legal aid system of Australia has been providing legal assistance and advice to the disadvantaged citizens who would otherwise not afford the access to justice. The legal aid system has however been â€Å"underfunded† since the withdrawal of the Commonwealth[2] funding. The present funding does not meet the level of needs of the Australian disadvantaged community. The legal aid commissions both at the state and territorial levels use complex forms of mechanisms for rationing and administering legal assistance so that the most appropriate and deserving cases qualify. I n reality, the limitation and rationing of legal assistance shows that only the most poor and rich citizens have a high probability of legal representation.Advertising Looking for essay on common law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Many Australian citizens belong to the vast middle class. This means that the accessibility of legal aid is low for poor citizens. This fact is true regardless of the strength of the individuals’ cases or the degree of justice that they pursue. Therefore, the legal aid[3] system has certain inclinations to only certain socio-economic cadres of the Australian society. Australians have not been confident with the Australian legal aid system for a long period of time. 2. Rix, Mark. Legal Aid, the Community Legal Sector and access to Justice: What has been the record of Australian Government? 2007. Plymouth, United Kingdom: Plymouth. Print. In his book, Rix argued that legal aid services suffere d due to the withdrawal of Commonwealth funding.Rix said that there was high concern that the quantity, quality and the degree of legal service assistance to people had declined in Australia. The cooperative model had been replaced by the purchase or provider funding. This fact had introduced another level of administrative and financial responsibility hence LACs channeled their funding elsewhere instead of using it in the provision of legal services to the citizens. The purchase or provider funding by the Commonwealth only funded matters that were under the Commonwealth law therefore inhibiting legal assistance to the needful. Many of the legal issues did not completely fall into the category of Commonwealth law and therefore, Australian citizens under the legal issues did not receive legal assistance. An example of a common legal issue that is not covered by the Commonwealth law and therefore receives no legal aid is domestic violence. The funding of only Commonwealth matters lead s to results that are insufficient, ineffective and illogical. Domestic violence should fall under family law which is under Commonwealth law. Domestic violence has a very high percentage of legal issues that need resolution. The purchase or provider scheme effectively reduced the funding required in legal family court issues, war veterans and child maintenance and support. This fact together with the reduction of funding from the Commonwealth completely changed the operations of the Legal Aid Commission. This restriction of funds meant that certain cases could not proceed and also a number of citizens who desperately needed legal assistance had very limited chances of getting the service. The number of people who could receive legal aid decreased and the probability of an applicant to get legal aid was reduced. The legal aid could also be provided with no charge and without any means of test or any procedural requirements. Legal aid could be in the form of grant money in accordance with part 3 of the Australian constitution.Advertising We will write a custom essay sample on The current state of legal aid funding leaves many Australians without access to justice specifically for you for only $16.05 $11/page Learn More This fact showed that the commission could provide free legal aid to the applicants and could also determine which matters required the aid (Ivancevich and Matteson, 26). 3. Community Law Australia. (2012). â€Å"Unaffordable and Out of Reach.† The Problem of Access of Australian Legal System 12(3), 120-138. Print. According to the article, the legal system of Australia provides legal assistance to the less fortunate through legal aid commissions, community legal centers, indigenous legal service or other private lawyers who act as â€Å"pro bono†[4]. Due to the reduced funding of this service by the government, the legal aid services have been put in a situation that limits the eligibility of individua ls who are poor. Therefore, those citizens who need legal help but cannot afford representation do not often get it. The Australian government noted that about 98 percent of the individuals who received legal assistance were considered to be below the poverty line; hence this fact meant that most of the Australian citizens were unable to afford private legal assistance. Nevertheless, these individuals were eligible for legal assistance. Individuals who have no qualifications for legal aid usually go to community legal centers which deal with civil law. Civil law issues are dealt with by legal aid commissions. A majority of citizens who require legal assistance in civil law issues cannot be attended to. Due to funding challenges, the community legal centers have not been able to provide effective and sustainable aid. They have only been able to offer limited assistance which in most cases is not enough for the individual seeking legal assistance. Pro bono services and indigenous serv ices are also overused and cannot offer the proper and required legal assistance to people who are in need of them. The need for government funding that ensures provision of legal assistance should be provided to all individuals who are eligible for it. This study focuses on legal aid funding. Therefore, we shall review the financial perspective of the commission which is part 7of the financial section of the commission. The provision of the legal aid as per section 30 of the Legal Aid Act 1987 states that in accordance to subsections (2) or (4), the commission can provide legal aid. It may determine legal aid depending on the matter at hand. 4. Kirkwood, D. Inquiry to Legal and Access of Justice; Submission to the State and Constitutional References Committee. 2003. Vancouver, Canada: University of British Columbia. Print. According to Kirkwood, the National Association of Legal Centers noted that there was a significant reduction of legal assistance in civil and family laws and al so across all areas of law due to the poor funding by the government. This fact has overseen the reduction of individuals receiving legal aid. Reduction of legal assistance has really caused undue pressure on other legal service providers because most of the people do not receive any assistance at all.Advertising Looking for essay on common law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The justice system has however become increasingly complex over the years. A significant improvement of the laws that govern and regulate citizens has continued to be realized. Australian citizens expect their government to expertly manage their own legal issues because they remit tax to the government. The process of out sourcing and privatization in Australia means that the citizens must negotiate with several providers so as to access basic services. The concept that each Australian citizen is equal before the law has been undermined greatly by funding issues therefore giving an opportunity to only those who can afford private legal aid. This aspect has greatly lowered the community’s confidence towards the justice system and law compliance. The access to justice through legal aid has become an unfulfilled promise of the government since many of the citizens are poor and their cases have not been prioritized. People who receive legal assistance subsequently get limited aid that is insufficient to resolve their legal matters. Empirical evidence has shown that other factors except the underfunding of legal aid services have greatly contributed to the poor services offered by legal aid services. Previous studies have shown that the legal aid reduction had very little effect on legal aid services. The study however showed that there was a high percentage of self-representation. The study also revealed that a lot of people in Australia believed that they were not eligible for legal aid. 5. Rosemary, H. Jeff, G. and April, C. (2003).†Law Journal.† Legal Aid and Self Representation in Family Court Australia 12(5), 23-38. Print. This article focused on the research in the emerging response of self-representation in the family courts in Sydney, Parramatta and Adelaide cities that are populated with people of both middle and lower classes. Most of the earlier research had focused on funding shortages but this research focused on self-representation and the access of legal aid by litigants. The study researched about the relationship between self-representation and the availability of legal aid funding in family law. The results were presented as statistical analysis. The study showed that from the litigants used in the research, only 12.3 percent had received help from a legal aid lawyer. This figure was small and was a reflection of the number of people in Australia who successfully received legal aid. Part of the cases had moved to court without the appearance of a lawyer. About 8.9 percent of the sample study went to court waiting for the appointed lawyer from the legal aid commission to represent them. Most of the clients who had successfully qualified for legal aid did not receive any lawyers to represent them due to the low numbers of legal representatives. This number represented about 5.4 percent of the population who had not been served by legal representatives. Majority of people, 44.6 percent, had their grants of l egal aid terminated or not extended as the court proceedings were on going. This fact showed the unreliability of the aid given by the commission. About 3.5 percent of the clients could not get legal aid for the type of legal issues they had because they did not fall under the Commonwealth law and about 5.2 percent could not access legal aid offices due to their geographical locations. These statistical figures gave a reflection of the state of legal aid services rendered to the citizens. The figures showed that only a small percentage of people received legal assistance fully. Certain clients received legal representation but lacked representation and the grants were terminated. This aspect clearly showed the unreliability of legal aid and led to reduced reliance on it by poor Australian citizens. Case study Dietrich versus the Queen This case is among the important cases in Australian judicial laws. It was decided by the Australian High Court on 13th December 1992. The case demons trated the need to accord fair trial to a defendant and exposed the corrupt nature of the Australian justice system. The case was an indictment of the Australian justice system and exposed its malpractices in terms of violation of the human rights of the defendant. The defendant had to be provided with legal assistance and if it would not have been provided, then the trial would have been adjourned until a legal representative was found. The name of the accused was Olaf Dietrich. The defendant was prosecuted for having been in possession of heroin which he had carried from Bangkok but was apprehended in Melbourne Airport on December, 1986. He had put the drugs in sachets and swallowed them. He was arrested one morning by Australian Federal Police. He was then taken to Pentrige Prison Hospital where he was induced into releasing the remaining sachets from his body. He claimed in court that the drugs had not been his but that the police had â€Å"implanted† them on him. His tri al took place in the Court of Victoria in 1988.He was prosecuted under the Customs Act of 1901 for being in possession and trafficking of drugs. During his trial, he had no legal representation although he had applied for it. The Legal Aid Commission declined to accord him legal representation and directed that it would only help him if he consented to all the charges brought against him by the state. He sought for legal representation and even filed for legal aid in the Supreme Court of Victoria without any progress. He was later convicted of the principle charge. He appealed to the Supreme Court but the court did not hear his appeal. In his appeal, there were several arguments raised. He was represented by David Grace who raised the argument of â€Å"miscarriage of justice† on his behalf. He did not procure legal representation throughout his trial and given the nature of the charges, legal representation should have been provided to him. Another argument was that the judg e should have adjourned the trial until he was assigned a legal representative. These arguments were based on common law. Dietrich was convicted of trafficking heroine but not being the owner of the heroine that had been found in a paper bag in his house by the police. This fact showed that Dietrich could have been acquitted of other charges if he had acquired legal representation from the beginning of the trial. Assessment of legal authorities The Australian legal system is organized and mandated to provide a fair trial to defendants and to deliver justice to the deserving (Lanier and Henry, 25). From the case of Dietrich versus the Queen1, an analysis can be made in accordance to how the trial was handled. The court convicted the defendant through the Customs Act 19012. This Act prohibited the trafficking of illegal substances and properties including drugs. Pursuant to the Victorian Crimes Act of 19583, every accused person was lawfully entitled to representation. The court howe ver did not wait for him to procure a legal representative and claimed that the law stipulated that the defendant had to pay for his own legal representation. In addition, the court ruled that the law did not say that the state would cater for legal representation of the victim (Lilly, Cullen and Ball, 15). Australia is a signatory to the United Nations International Covenant on Civil and Political Rights (ICCPR) 4. In article 14(3) of the ICCPR, it states that the accused should have legal representation provided to him. The court however denied that and claimed that it had not incorporated the ICCPR into its domestic laws yet it was a signatory to it. As a signatory, the court should have taken into consideration the laws that were provided in the treaties that the state had subscribed to.[5] The right to representation was also enshrined in Chapter 3 of the Australian Constitution. The Crimes Act of 19584 gave authority to judges to demand legal representation for accused persons . These acts allowed representation although many of the legal systems failed to notify the defendants. The legal aid commission was obliged to give aid to indigent defendants and this showed that they were biased. Conclusion The Australian legal aid system should provide services to the disadvantaged people who cannot afford hiring legal representatives. Legal aid should also be availed to all citizens who need access and representation no matter the seriousness of their crimes (Siegel, 4). The Commonwealth laws should also be put into the contexts of territorial or state laws so as to address legal issues and create eligibility for applicants. The legal aid also needs to receive more funding from the government so that it can provide effective and efficient services to the community and easier access to justice (McLaughlin, Muncie and Hughes, 23). The rule of law is meant to serve all citizens equally. It should not be used as a form of privilege to those who have the means. Summa ry of the folios The folios give a clear reflection of the current state of legal aid in Australia. The underfunding, ineffective and inefficient services provided by the Australian government and the conditions for the access to legal aid for the people underscore the â€Å"fragile† nature of the Australian justice system (Hopkins, 14). Legal aid is meant to serve the disadvantaged but the case study reveals that not all disadvantaged people are eligible for the aid. The annotations also indicate that the services offered by legal aid commissions are inadequate and unreliable (Williams, 12). This fact reduces the little confidence left in the community in this system and therefore, this option is not viewed as a solution during legal issues. Acts and statutes that clearly state and grant individuals the legal assistance do not really convey this message to the community. This fact has made access to justice by the underprivileged very difficult because of the complexity of t he conditions for the aid and also lack of information about the aid. These folios can therefore be used to give evidence of the unjust and unreliable nature of the Australian legal aid system to the underprivileged citizens who have no access to the justice system. Works Cited Bernard, Thomas, Snipes Jeffrey and Gerould Alex. Vold’s Theoretical Criminology (6th ed.), Oxford, UK: Oxford University Press, 2010.Print. Hopkins, Burke. An Introduction to Criminological Theory (3rd ed), Gloucester, UK: Willan Publishing, 2009.Print. Ilana, Kass, and Bard, O’Neill. The Deadly Embrace, London, USA: University Press of America, 2006. Print. Ivancevich, John, and Matteson, Michael. Organization Behaviour and Management of communication 3rd (Ed), Tetons, USA: Irwin, 2003.Print. Kubrin, Charis, Stucky Thomas and Krohn Marvin. Researching Theories of Crime and Deviance, Oxford, UK: Oxford University Press, 2009.Print. Lanier, Mark, and Henry, Stuart. Essential Criminology (2nd ed) , Boulder, USA: Westview Press, 2004.Print. Lilly, Robert, Cullen Frank and Ball Richard. Criminological Theory: Context and Consequences (4th ed), Thousand Oaks, UK: Sage Publications, 2007.Print. McLaughlin, Eugene, Muncie John and Hughes Gordon. Criminological Perspectives: Essential Readings (2nd ed), London.UK: Sage Publications, 2003.Print. Siegel, Larry. Introduction to criminal justice.12th Ed, Wadsworth, USA: Cengage Learning, 2009.Print. Williams, Katherine. Textbook on Criminology (6th ed), Oxford, UK: Oxford University Press, 2008.Print. Footnotes Legal Aid Act is legislation within the Australian law that aims to enhance access to justice for all citizens. The commonwealth refers to the union body of all former colonies of the British rule in the world. Legal aid refers to the legal representation and services given to clients. Pro bono is a term that refers to free legal services offered to indigent citizens. Dietrich V The Queen (1992)2Customs Act 1901(NSW) 3Victoria n Crimes Act 1958 (NSW) 4United Nations International Covenant on Civil and Political Rights (December 16th 1966) entered into force (March 23rd 1976) This essay on The current state of legal aid funding leaves many Australians without access to justice was written and submitted by user Kenna Murphy to help you with your own studies. 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