Wednesday, October 30, 2019

Organizational Change Plan Essay Example | Topics and Well Written Essays - 6000 words

Organizational Change Plan - Essay Example The situation to be discussed in this case is no exception: the desired change should first be situated within the greater context of the company’s overall goal, in order to determine how best to take the company from its present to its desired status. The present situation Ranchers Bank (RB) is a $3 billion financial services firm that exclusively deals in extending loans to farmer and ranchers for agricultural purposes. It operates solely in Texas and employs 1,000 loan officers in 254 offices located in each county. RB is a traditional bank which waits for clients to walk into its local offices to apply for loans. For several years, the agricultural sector has experienced zero growth, and the company’s profitability has suffered as the rate of new business generated is only half of the rate of payoff. There is a strong possibility that if RB continues doing business the same way it has done so for the past 30 years, it shall eventually end up in bankruptcy. The strategic goal/s RB’s principal goal is to stay viable and avoid bankruptcy; since bankruptcy is inevitable if the bank maintained status quo. RB therefore needed to change from the status quo merely to survive. This leads to the secondary goal – that of growth. ... keeping the main strategic considerations in mind, the resulting plan should be appropriately contextualized to maximize effectiveness and assure practicability. Analyzing the broad economic environment Political The banking industry has been at the center of the recent financial crisis, and while the culprits are principally the major financial conglomerates, the entire industry has been subjected to closer scrutiny both by the political leaders and the public. The need for greater oversight has resulted in legislated regulations which shall be tackled in the discussion on legal issues below. Other than these, emphasis on ethical practices has given rise to industry-wide corporate governance standards consistent with the Basel Committee principles for the international banking community (BCBS, 2010). For small banks to survive, they must likewise comply with the corporate governance benchmarks in their relations with their stakeholders. Economic The economic situation is still tenab le, purportedly on the road to recovery from the 2008 depression. Many markets impacting on loans creation continue to be depressed both on the demand side (e.g. real estate due to the mortgage foreclosures resulting in the housing glut), as well as supply side (e.g., labor market due to the increasing unemployment). The dollar continues to slide such that increasingly savings and transactions in the international market are converting to foreign currencies (e.g. the yuan, which is increasingly being used in international trade and securities floats). The looming budget deficit due not in small part to the trillion dollars in bailout may be exacerbated by continued reports in the bankruptcy of companies benefitted by these loans. Much will depend upon the economic policies of the

Sunday, October 27, 2019

Different Marketing Plane Of Cadbury

Different Marketing Plane Of Cadbury The main aim of this assignment is to analyse, describe, introduce Cadbury company in Indian and international market as a leading chocolate brand but main focus on Indian market. This summary elaborate all about Cadburys marketing plans that how they design successful marketing. marketing strategy that they describe how maximize product manufacturing efficiency with minimization malfunctioning and what ideas behind developing market, media technology that describe why how important role in advertising, manufacturing process goods delivery, product promotion this impact regard with current and future marketing objective to create customer vale in the market. TABLE OF CONTENTS SR. NO. TOPIC DESCRIPTION PAGE NO. 01 CADBURYS MARKETING PLAN 03-06 CURRENT MARKET SITUATION 03 OBJECTIVE OF CADBURY 03 OPPORTUNITY OF CADBURY 04 MARKETING STRATEGY 04-05 FINANCIAL CONDITION 06 IMPLIMANTATION AND CONTROL OF CADBURY MARKET 06 02 MARKETING ENVIRONMENT OF CADBURY COMPANY ON THE BASIS OF; 07-10 INTERNAL ENVIRONMENT 07 EXTERNAL ENVIRONMENT (microenvironment and macro environment) 07-10 MARKETING MIX 10 03 TECHNOLOGY AND MEDIA IMPACT ON CADBURY COMPANY 11-13 INNOVATIVE MANUFACTURING PROCESS 11 DIFFERENT ADVERTISMENT SOURCE 12-13 04 CADBURY FUTURE MARKETING STRATEGY 14-16 FUTURE MARKETING 14 FUTURE DEVELOPING PLANING ON THE BASIS OF MARKETING STRATEGY 15-16 05 REFERENCES 16 06 APPENDIX PART A Q.1). Using academic learning briefly outlines a marketing plan for an organisation of your choice. Situation of current market Cadbury company is second more demanding company of chocolate in the market. It has largest share price in Indian market that is near about 75 percent of total market share, which indicate customers attraction in its product which easily available in the market. The idea behind this situation is its affordable price of product with more customer satisfaction as compare with other competitor like AMUL, NESTLE etc., (kotler, 34 cadbury) Analyse of opportunity and issue In the Indian market Cadbury company has following SWOT (strength, weakness, opportunity, and threats) that analysis opportunity; Strength High market share value due to large business in Indian market as well as international market. Strong brand reputation in the Indian market, so company has good position in the market. Cadburys target market is large which is very wide in its same field market. weakness Fears about product demand fulfil or satisfy because it has large target market population. Less growth rate due to less production capacity that means not able to match rate of demand of product in the market. Delay in new quality product launch in the market due to this sometime get negative impact in the market. Opportunity Cadbury company is well stabilised company, so it has opportunity to develop its product with less competitiveness whereas, other new company can face more difficulty with more competitive for brand and product establishment. Cadbury company has tremendous marketing strategy in Indian market so by which it can use for develop new product with accreting growth rate. Threats Threat during new brand launch with same product, in the market. Threat with increasing market competition within same field. Threat with change in government rules and regulation for the company. Objective of plan Cadbury company has main objective to launch successful product in the market with specified time period. It apply effective marketing strategy to perform target objective plan, apart from this, it also apply ecommerce strategy for analyzing product performance growth or financial condition of the market. Cadbury company aware about marketing condition regarding their product and always try to give more quality product in the market and get more financial budget. Marketing strategy Marketing strategy is very much related with marketing objective. Marketing strategy is basically describe logic (thinking) of manager by which company create and achieve customer and relationships respectively. This is very useful for achieving accomplish target market. Below are some marketing strategy points which is use by the Cadbury company; Customer satisfaction Cadbury Company has first motive of customer satisfaction by their product that are related with best quality, design of product and cost (high or low) of product depend upon consumer. Market categories (segmentation) and targeting Cadbury is confectionaries company so its market segment basically realize on children, adult and on female population due to wide consumption source of chocolate. It has also target to expand market in rural areas. There are different types of customer and their different need. So Cadbury Company classified the customers need or requirement on the basis of different chocolate category like geographic ( moulded milk, wafer category) and demographic that is given below. Demographics classify on the basis of domestic (Indian city) as well as international. Platinum Tier I cities such as Delhi, Mumbai, Bangalore and also in International market. Gold Tier II cities such as Pune, Coimbatore also in international market. Silver Tier III cities Rest of urban India Market position The position based on customer need and expectations. Cadbury prefer ladder theory for determine position in the market and identify customer need and then they will target. The customer need is divided into three parts. The Base Focus on the product attributes. The Middle Focus on the functional benefits of the product. The Upper Focus on the emotional benefit obtained from using the product. Fig 1. STP implementation for a produc Fig.1. STP implementation for a product Fig 1 shows the steps of Cadbury Company that need to adopt the target, segments and position to take the market. Based on this Cadbury has positioned itself to capture the Indian market. Financial condition Before start the new project, every organisation keep focus on budget. Now, this time Cadbury market is very strong (market share value customer support) as compare with any other which has same field competitor. In order to improve sales Cadbury is currently focusing its marketing efforts mainly on the Titanium and Gold cities where they hold a market share of 60%-70 %. Implementation control of Cadbury market During implementation of project Cadbury company recommend some control to achieve successful market and keep company more demanding. It take 4 to 5 months time duration for monitoring performance of its product in the market. It always keep focus on profits and effective solution of it. Cadbury company has wide range of distribution centre so it is able to increase its efficiency during new product launch or any other occasions. It modified and control its product and product manufacturing process as per demand by market and end customers. (reference by book kotler www.cadburyindia.com) PART B Q.2). Critically evaluates your chosen organisations marketing plan, in particular relation to its marketing environment. Environment Analysis or Marketing Environment of the CADBURY Factor or Elements that affect the environment of Cadbury industry. Internal customer play essential role in developing company market with full potential and satisfy end customer by its product. The marketing environment is changing at the fast rate. Generally, there are two types of Environment Analysis recommend by Cadbury company. Following are two types, This analysis based on, Cadburys Microenvironment (customers, competitors, distributors, and suppliers) that affect its ability to earn profits. and Cadburys Macro environment forces (demographic, economic, technological, political-legal, and social-cultural). Customer /Vendor Cadbury marketing and customer around the world i.e. Domestic market (India) as well as International market or customer/ vendor; AFRICA:- Kenya, Nigeria, South Africa ASIA :- India, Sri Lanka, Vietnam, Mongolia, Malaysia, Yemen, Cambodia Myanmar AMERICA:- Peru Chile, Brazil, USA EUROSIA / EUROPE:- CIS-Russia, UK (England and Wales). And other. Distribution / Logistics Cadbury also has one of the largest logistic networks distribution set up in India covering each and every state. Cadbury distributes its products through 20 depots and 4 C F agents and a network of 5500 stockists. Cadbury covers almost 40% of retail chocolate in India. One of the largest chocolate distribution setup in India. Covering the entire geography of the country. Competition/ competitors In India Cadbury has many comparator like Nestle, Amul, Parle etc. they are also good in the market and give fight competition in the market. Cadbury industry has advantage in brand vale, valuable market share and well developed products. Cadbury competition can happen at different levels. At the brand level, two firms compete in providing a very similar product or service. Cadbury Brand Image; Cadbury name is enough for its popularity. Comparison based on various parameters like branding, awareness, performance, presence, etc. with an international market. CDM INTERNATIONAL BRANDS Fig2. Brand Image: Cadbury v/s International Brands This fig2. shows that CDM (Cadbury dairy milk) has been successful in capturing the hearts of their customers with their marketing campaign so far. Demographic environment (explosive population growth) In the demographic environment, Cadbury organisation always keep attention on his market position and also aware of worldwide population growth, related with different cities, region, nation and try to fulfil all requirement by ethical source. Economic Cycles and Inflation Cadbury economic forces strongly affect firms and their customers; Cadburys enjoys a market share of 72% in Indian market and up to 82%of annual saving from current market. Cadbury invest up to Rs 15 crore (Rs 150 million) on imported machinery to achieve quality product so that get more benefit form market. Cadburys innovate new packaging style of Dairy Milk with economical acceptance without any compromise in its product, so that Cadbury market get inflate. In the economic arena, Cadbury keep to focus on income distribution and levels of savings, debt, and credit availability. Political Legal support Cadbury industry have vital link with leaders and politician to get more advantage in business market environment, they have a strong economic rate in domestic market due to government reorganisation. for this sometime get more benefits that the industry get more enhance profits. Cadbury firm always follow the rules of government and maintain, all requirement like plantation in campus and many more and implement new law by the courts. Social-cultural This part is very much familiar with Cadbury organisation because its main root in India, As we know India is festival country where many religious festivals celebrate every year and such type of occasion, verities of sweets and chocolates are sell, in also many other function like birthday, social party. So, in social culture occasion (arena), Cadbury Company understands customers special need and provide (launch) effective quality product in the market. (kotler 95, Cadbury) Natural environment In the natural environment, Cadbury industry aware about raw-materials shortages, increased energy costs and pollution levels, and the changing role of governments in environmental protection. (kotler 95, 102 , Cadbury ) Technological environment Cadbury Company recommends innovative technologies in business to get enhance profit as an accelerating rate. They have automation based manufacturing unit to get more production in less time with higher quality. Cadbury prefer ISI and ISO satisfied machinery. All area having Wi-Fi facilities to share or distribute information to each other. Cadbury IT sector is one of the best in his field. (kotler 95, cadbury) MARKETING MIX OF CADBURY Eclairs is one of the famous product of Cadbury Company, the reason of this product famous is its quality that very much acceptable with cost and cannot be comparable with some other brand, test that cannot be forgettable, attractive packaging with attractive designing wrapper, acceptable quantity size with reasonable price. Eclairss publicity is very attractive way, which is by personal relation, sale promotion and TV advertisement which is in any place like home, street, local bus, train, etc. that is not more expensive so cost of Eclairs is not high as comparable with other company. Cadbury chocolate should be in every pocket is a main target of Cadbury company. (Marketing management, by Philip kotler, page no 12, 13) PART C Q.3). Identify and evaluate how technology and new media could impact the firms future marketing plans. Technology impact for the Cadbury company Cadbury Company adopts innovative technology by customers, markets, and suppliers demand to unify and modified business and business strategy (it is planning by manager that can reduce complexity and make planning for future development) respectively. Technology implementations provide productivity increases during manufacturing with the help of innovative or modified instrumentation and machinery and also provide against malfunctioning. protect data against unsecure threat which can never accepted by Cadbury company, and more benefits to the Cadbury organisation in different area like create new product by customer demand and take more than acceptable benefits, Cadbury use reposition method to protect market share against competition. They use technology to provide cost reduction production by automation process with high accuracy and more perfection in quality product, and also use for innovative delivery that related with fast and time management delivery as per consumer demand. C adbury accept wide range of technology like PLC (programmable logic control), SCADA (supervisory control and data acquisition), and DCS (distributed control system) for minimization in malfunctioning during manufacturing of product this control system also provide successful and perfection rapper of the product. They also prefer technology that enable time to time information sharing with employee, improve communication between members, and all process should be easy to execute without taking any risk. Cadbury Company has wide range of information technology system by that they are able to keep all information about all loyal/ existing customers and all new customers. Media impact for the Cadbury Company In Cadbury company media technology play very vital role for marketing communication by which they attempt to inform and persuade customer or consumers directly as well as indirectly about their products and brand with the help of media. In an indirect marketing Cadbury prefer word of mouth system in this way, people to people or customer to customer oral and written communication. In a direct marketing Cadbury prefer Personal selling system in this way, Cadbury representative make face to face interaction with one or more purchasers for the purpose of making presentation and procuring orders. Innovative Technological market system, Cadbury give first preference of this media technique for marketing advertisement that this direct marketing system to improve their marketing by use of electronic shopping, TV shopping, telephone, fax, e-mail or internet to communicate directly with solicit to his customer. Public relations and publicity system, Cadbury recommend this system to promote his particular products by the arrange of seminars, speeches, and banners decoration in famous stores or shops (super markets) and famous street etc. Cadbury company promote his particular brand product with the help of sponsors during special occasion or events like sports (cricket, football, etc.), entertainment (TV shows), festivals, etc. They also recommend promotion of his product by sales promotion like fair trade, demonstration, etc. So advertisement is main tools for Cadbury Company to promote his brand image to all over the world. Media is source by that company can reach to the customer and customer can get all information about selected company, so media provide strong relationship between company and customer. Media play an effective role for developing Cadbury market. Cadbury Company advertises their product promotion by cartoon picture and famous celebrities like film actor or sports player, these advertisements categorise between children to adult respectively. In different segment they are use emotional line based on major themes, during media advertisement. For examples; Chocolates for all, children to adult and theme is Cadbury as a perfect expression of love. Chocolates for all events and theme is real test of life. Chocolate for special occasion and themes is I will do anything for Cadbury dairy milk. Chocolate for any time and theme (in Hindi) is kuch meetha ho jaye The main strategy behind these above themes is to replace sweets as a chocolate and create brand image to get the strong position in the market by the media advertisement depicting. Cadbury industry has specified cities categories for a media advertisement like, Tier 1 Tier 2 (domestic cities), Tier 3 Tier 4 (international cities). So, media technology both are primary need to the development of Cadbury industry in future market because time to time continuously change in customer demand is major problems and this problem only resolved by adopt changing technology at time to time in the future market due to customer satisfaction is main motto of Cadbury industry. Indeed; media tools is superior power tools with technology support by that Cadbury market can get positive impact and more benefits in future marketing. Fig.3 Advertisement area of Cadbury company (reference by book kotler www.cadburyindia.com) PART D Q.4). Discuss sustainability with regard to the firms marketing strategy, in particular how it might affect the firms reputation in the future. Cadbury company change their strategy at time to time depend on customer demand and market condition. It always developing decision to create new product with grantable profits together with company. Following are the some market strategies which are recommended by Cadbury Company; Increase in international market setup to expand marketing business globally get more sales of the product and brand publicity. Plan to expand business as in marketspace (digital i.e. shopping by internet) and also in marketplace (physical i.e. shopping in store). Generally their more concentration on e-commerce business regarding future marketing. E-commerce business is nothing but it is on-line market which are prefer by more urban area customers and sometime rural area customer also take advantage in this innovative marketing strategy, this is time saving strategy, this is more valuable because todays customer has no time for shopping, so this modern era is very effective. In this type of marketing there is no requiring more space and big office, only need for computers and internet connection. The main goal of this strategy is to provide enhance business marketing with customers valuable feedback. This marketing always cheaper than store market price. It always intend to care about customer satisfaction and there value of the money so they always keep focus and provide cost effective and benefit considerable product in the market. Cadbury company also offering exchange marketing strategy by that customer can get benefits with new product by exchange with old product, example old or expiry date chocolate replace with new fresh chocolate. Price reduction strategy without affecting quality is the main concern factor and that can be happen by the new offers, discount and implement nearest logistics and distribution centre. They has modified distribution centre with technological effect by that customer or logistics can communicate information about product go to the market easily without any barrier. The idea behind this communication is to provide chocolate more social cultural product in the market. Cadbury organisation has special team for market inspection that they always try to find weakness (linkage in packaging, numbers of bytes are broken, not able to stay long in outer environments) in the product and their remedies. So that customers get much more quality product from Cadbury company. The new ideas come through customer suggestion response in that they describe problems regarding product so that Cadbury Company gives first customer priority. Apart from customer suggestion Cadbury also follow opinion from scientist, media agencies, etc. New product (develop variety of different flavour chocolate) creation is one of the best strategy parts of Cadbury organisation as in the developing edge because new products create new market that allow to Cadbury company enter established strong market and provide cost reduction on new product. They have separate team work, which is only consider and search children demand and test because children like most chocolate. The future strategy against competitor is main aim of Cadbury company, to improve their performance better than other organisation by their perfection in quality product, reasonable price of the product, promotion as high as possible with technological innovative media, services that should never down in the future, response speed more higher than other company or organisation during goods delivery, high level of duties during any complain from customers. They strategy also aware about market share value that depend on separate area and they wish to increase market share value in future that are depend on urban and rural area where crowd, child young youth population is high. Generally these people recommend brand position with quality so Cadbury Company intend to expand brand position quality in the market with some offers gifting process. The above descriptions illustrate the future strategy and how effect improvement in future marketing operation profit of the Cadbury Company. The same time management also perform their role that check inner firm environment condition i.e. relation between employee or staff his working performance, focus on business strength, focus on product weakness, financial, share price and manufacturing condition and outer firm environment i.e. market condition, customer attraction, etc. indeed Cadburys management department duly concerned there place about chocolate in globally market place. They aim is to find opportunity in international market with above strategy through higher quality, better service, lower price, higher market share, continuous product variation improvement, regular product innovation, entering high growth markets and more customer expectation to make brand more demanded. (reference by book kotler www.cadburyindia.com)

Friday, October 25, 2019

Ted Bundy :: essays research papers

Ted Bundy Ted Bundy's Trail of Terror From the Beginning of Taking Life Until The End of His Life Serial killers tend to be white heterosexual males in their twenties and thirties. While it is impossible to predict who will become a serial killer there are traits that appear to be similar in all killers. These behaviors include cruelty to animals, bedwetting, lying, drug and alcohol abuse, and a history of violence. According to Robert Ressler et al., "serial homicide involves the murder of separate of separate victims with time breaks between victims, as minimal as two days to weeks or months. These time breaks are referred to as a cooling off period." Because homicides involving multiple victims is gradually becoming more commonplace, and to facilitate an understanding of the aforementioned definition, it is helpful to differentiate serial murder from other types of murder, such as mass murder, which involves,"four or more victims killed within a short time span," and spree killings, which Ressler et al. defines as "a series of sequential homicides connected to one event committed over a time period of hours to days and without a cooling off period." Ted Bundy is one of the worst serial killers in history. His antisocial personality and psychotic character made him feared across the country. After all was said and done Ted left behind a trail of bloody slayings that included the deaths of 36 young women and spanned through four states. The biggest question in many people's mind was how could someone as intelligent,highly accomplished, and praised as Bundy do such a thing? Theodore Robert Bundy was born November 24th, 1946 in Burlinton, Vermont to a 21 year old mother. Ted's mom never told him much about his father except that he was in the armed forces and they had only dated a few times. Ted was left in foster care for two months while his mom and parents decided what to do with him. In 1946 an illegitimate child was extremely looked down upon by society. Once they decided to keep Ted his grandparents told everyone he was their adopted son. Ted knew who his biological mom was, but outsiders were told that she was his sister. Ted adored his grandfather. His grandfather was also particularly fond of Ted. He remembered camping and fishing trips he and his grandfather would go on. Other family members describe his grandfather as an ill-tempered tyrant. He was racist, intolerant, and a perfectionist. He expected everyone to meet his demands. His grandfather was also verbally abusive toward other family members and physically abusive toward his wife.

Thursday, October 24, 2019

Short Talks

2/20/13 English 1102 Introduction I start off with a couple of stereotypes I recently heard or saw people discussing and give my feelings/opinions on why I feel people say things like that. Next is my feelings toward SSU, it’s a mixed feeling really a love and hate relationship. I end my short talks with my first, and definitely not my last, fight I had; that occurred in kindergarten. All I can say about that is never and I mean NEVER touch my crayons!On Stereotypes- â€Å"All black people like chicken,† is one of the most commonly known stereotypes but recently I ran into some really interesting stereotypes; like all black people have gaps, if your black your house has roaches, black people were more helpful to America as slaves, all black people are ugly when they’re babies, and black girls put weave in their hair because they don’t have any. When I hear people talk like this all I can do is laugh at the ignorance, you have to be on a whole other level o f stupid to even think like that and then to let that stupidity slip out of your mouth.People let statements like that get to them and get them all roweled up over it but, you have to sit back sometimes and think about where they get their point of view on African Americans people from. I find that a lot of it comes from the older generations in their family where the racism is still alive and brewing, and once again I laugh because it is 2013 and if you still feel African Americans should be slaves and they’re ignorant monkeys then go ahead and do you.As far as those other statements though I have a gap I know plenty of â€Å"black people† who don’t, my house doesn’t have roaches and never will, I wouldn’t be a good slave because I’m way too strong willed and I only work for pay, I was a beautiful baby, and plenty of African American girls have long beautiful hair. On Savannah State- â€Å"You are so rachet with your power outs, slow wifi, bad cable connection, rude faculty and staff, and rising tuition that’s mostly going to athletic fees for teams that aren’t even good. † -AnonymousI love my SSU but I hate it too, it has so much potential to be a great school but there has to be some major changes first. The first thing that the people over the school should take a good look into is the way a lot of their staff members act towards current and future students; some of them are rude and nasty every day to everybody. Next, they should move to the â€Å"problem professors†, which are the ones who the students complain the most about, they have the highest rate of students dropping out, and they have the highest failure rate.Lastly, would be what they use the budget for the school on I feel some of the funding for certain things could be used for more important things that the school needs, like a full time doctor for example. On Self-Respect- â€Å"How can you expect anybody to respect you i f you’re half naked on Facebook for likes? † Girls are always crying on Facebook, twitter, instagram, and other social sites about how they want a â€Å"real man† but yet they have all of these lewd, distasteful pictures up for the whole internet to see.On top of that they get mad when they get a bunch of sexual comments and messages, it’s kind of baffling because what else would they expect to get if that’s how they present themselves. On the struggle- It’s hard being in college with no form of income coming in, eating ramen noodles every night, and borrowing paper from other students in class. Being broke makes your refund check, no matter how big or small, look like a little slice of heaven.Refund check time is when all of the ballers come out, when the mall is packed with college students going on a spending spree for themselves and for the homies who don’t get a refund, and when all the parties you go to have a bunch of alcohol an d weed; but a month later it’s back to the struggle. The month after refund is when people go back to begging for things, back to one or two bottles of liquor at the party, and back to those stupid ramen noodles. On my first fight- I remember when I was a little, sweet, loving, only child living in Yonkers, NY.I got everything I wanted and I never had to share anything, unless I wanted to and I was always kind enough to do it anyway. My mother came home one day with these new glitter crayons for me, since I loved to draw and color; and I loved them. I brought them to school the next day to show my best friend and we colored with them during breakfast, before class. One of the older students saw us and came over, she took all of my friends crayons and pushed her out of her seat and proceeded to reach for mine.I grabbed my things, backed away and told her she couldn’t have my crayons. I saw a little bit of rage in her eyes as her friends laughed at her for not being able to take a kindergartener’s crayons; so she pushed me and went to take my things. I wanted to sit there and cry like my friend was doing but instead I got mad, I got real mad just thinking about the fact my mother just bought me some new â€Å"special† glitter crayons and some hood rat with no manners was going to have them for free wasn’t sitting right with me.I got up and punched her in the face and I could tell by the look in her eyes that it hurt, so I punched her again and again and again; I even started to scratch at her face. Her friends who were at first laughing saw how serious I was about those crayons and went to get the school’s officer, who eventually stopped me. I didn’t get in trouble that day but I got a newly found confidence that would lead me into trouble with anyone willing to cross the wrong path with me.

Wednesday, October 23, 2019

Mcculloch V. Maryland Brief

McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch, a cashier for the Baltimore, Maryland Bank, was sued for not complying with the Maryland state tax. Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with federal laws enacted within the scope of the Constitution. Facts.Congress chartered the Second Bank of the United States. Branches were established in many states, including one in Baltimore, Maryland. In response, the Maryland legislature adopted an Act imposing a tax on all banks in the state not chartered by the state legislature. James McCulloch, a cashier for the Baltimore branch of the United States Bank, was sued for violating this Act. McCulloch admitted he was not complying with the Ma ryland law. McCulloch lost in the Baltimore County Court and that court’s decision was affirmed by the Maryland Court of Appeals.The case was then taken by writ of error to the United States Supreme Court (Supreme Court). Issue. Does Congress have the authority to establish a Bank of the United States under the Constitution? Held. Yes. Judgment reversed. Counsel for the state of Maryland claimed that because the Constitution was enacted by the independent states, it should be exercised in subordination to the states. However, the states ratified the Constitution by a two-thirds vote of their citizens, not by a decision of the state legislature.Therefore, although limited in its powers, the Constitution is supreme over the laws of the states. There is no enumerated power within the Constitution allowing for the creation of a bank. But, Congress is granted the power of making â€Å"all laws which shall be necessary and proper for carrying into execution the foregoing powers. à ¢â‚¬  The Supreme Court determines through Constitutional construction that â€Å"necessary† is not a limitation, but rather applies to any means with a legitimate end within the scope of the Constitution.Because the Constitution is supreme over state laws, the states cannot apply taxes, which would in effect destroy federal legislative law. Therefore, Maryland’s state tax on the United States Bank is unconstitutional. Discussion. This Supreme Court decision establishes the Constitution as the supreme law of the land, taking precedent over any state law incongruent with it. McCulloch v. Maryland Term: †¢1792-1850 o1819 Location: Maryland State House Facts of the CaseIn 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Question The case presented two questions: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? Conclusion Decision: 7 votes for McCulloch, 0 vote(s) against Legal provision: US Const.Art 1, Section 8 Clauses 1 and 18 In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Writing for the Court, Chief Justice Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, â€Å"the constitution and the laws made in pursuance thereof are supreme. . . they control the constitution and laws of the respective states, and cannot be controlled by them. â€Å"