Reflective Practice In Teaching

Question: Examine about a Report on Reflective Practice In Teaching? Answer: Intelligent Practice in Teaching Intelligent practice merits exceptional notice with regards to educating fundamentally in light of the fact that this training upgrades the educators instructing and relational abilities. Through intelligent practice, an educator can fundamentally look at her training every day, and this basic self-study approach contributes a great deal in developing the instructors information (Bernstein, 2013). Through such basic assessment, (as accentuated by intelligent practice) instructors can extend their collection of abilities, and consolidate new discoveries into their training (Bernstein, 2013). Also, considering every single such viewpoint it must be said that intelligent practice shapes the foundation of good instructing, and instructors enjoying such act of self-assessment are progressing nicely of expert turn of events. Foundation of expert guidelines is basic to improve the nature of work performed by experts in each circle of their expert life. These gauges are imbued with moral standards and explicit targets which fill in as rules to help experts in their occupations. In the circle of educating as well, the foundation of expert principles is fundamental. In the field of educating, proficient gauges help proficient educators in arranging and building up their showing rehearses, and in satisfying their expert jobs and duties (California Standards for the Teaching Profession, 2009). These principles are rules implied for refining and upgrading the showing styles of various instructors (California Standards for the Teaching Profession, 2009). Proficient principles are objective in nature, and in the event that I can hold fast to those guidelines, I will have the option to improve my showing capacities and my relational abilities (which are fundamental to appropriately convey and interface with my und erstudies). Keeping the showing norms, I can demonstrate a superior educating strategy. My model will remember methodologies to help myself for starting self-assessment through intelligent practice, and the model is additionally going to incorporate procedures through which I will have the option to improve encouraging practice on the side of understudy learning (California Standards for the Teaching Profession, 2009). In addition, my model will likewise incorporate procedures that would help me in surveying my understudies progress and my own proficient advancement. It is basic to build up the base center in my showing procedure since it explicitly gives a base on which I can build up my own aptitudes alongside my capacity to decide the stage in which I will have the option to work cooperatively with subject authorities (Addressing proficiency, language, numeracy and ICT needs in instruction and preparing: Defining the base center of instructors' information, understanding and individual abilities, 2013). The incorporation of least center is fundamental likewise to guarantee that I am forming into a decent speaker, a decent communicator, and an attentive person who can beat social obstructions which regularly are placed in the method of encouraging a study hall imbued with assorted variety. In addition, to upgrade my numeracy aptitudes, I should remember the base center for my showing procedure fittingly (Addressing proficiency, language, numeracy and ICT needs in instruction and preparing: Defining the base center of instructors' information, u nderstanding and individual abilities, 2013). Besides, it is imperative to consolidate the standards of proceeding with self-improvement (CPD) during the time spent building up my own abilities in proficiency, numeracy, and ICT in light of the fact that, CPD, as an idea and as a training, will help me in creating effective showing procedures through the reconciliation of useful aptitudes that are applicable to the subject of my specialization (OCT Teaching in the Lifelong Learning, 2008). References Tending to proficiency, language, numeracy and ICT needs in instruction and preparing: Defining the base center of educators' information, understanding and individual aptitudes. (2013). LSIS, [online] pp.1-58. Accessible at: https://repository.excellencegateway.org.uk/fedora/objects/import-pdf:93/datastreams/PDF/content [Accessed 18 Jan. 2016]. Bernstein, K. (2013). The Reflective Practice of Teaching. [Blog] THE WHOLE CHILD. Accessible at: https://www.wholechildeducation.org/blog/the-intelligent act of-educating [Accessed 18 Jan. 2016]. California Standards for the Teaching Profession. (2009). Commission on Teacher Credentialing, [online] pp.1-16. Accessible at: https://www.ctc.ca.gov/instructor prep/principles/CSTP-2009.pdf [Accessed 18 Jan. 2016]. OCR Teaching in the Lifelong Learning. (2008). [online] Available at: https://www.ocr.org.uk/Images/75548-level-5-unit-30-proceeding individual and-expert development.pdf [Accessed 18 Jan. 2016].

Reinsurance Business Essays - Types Of Insurance, Reinsurance

Reinsurance Business Amount SHARE REINSURANCE AGREEMENT DWVD NO. 900804 for Fundamental COLLEGE ACCIDENT AND SICKNESS Clinical EXPENSE INSURANCE (hereinafter alluded to as the Agreement) made and gone into by GERBER LIFE INSURANCE COMPANY White Plains, NY (hereinafter alluded to as the Company) what's more, PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY Enfield, CT (hereinafter alluded to as the Reinsurer) Compelling: January 1, 1999 - December 31, 1999 Chapter by chapter list ARTICLE I ? Gatherings TO AGREEMENT 1 ARTICLE II ? Premise OF REINSURANCE 2 ARTICLE III ? Maintenance AND LIMIT 3 ARTICLE IV ? INURING REINSURANCE 4 ARTICLE V ? FACULTATIVE REINSURANCE 5 ARTICLE VI - EXCLUSIONS 6 ARTICLE VII ? Compelling DATE AND DURATION OF AGREEMENT 7 ARTICLE VIII ? REINSURANCE PREMIUMS 8 ARTICLE IX ? PREMIUM REPORTS 9 ARTICLE X ? Surrendering ALLOWANCE/EXPENSES 10 ARTICLE XI ? Cash 11 ARTICLE XII ? Cases NOTIFICATION 12 ARTICLE XIII ? Cases SETTLEMENT AND AUDIT 14 ARTICLE XIV ? EXTRA CONTRACTUAL OBLIGATIONS 15 ARTICLE XV ? SUBROGATION 16 ARTICLE XVI ? Replacement 17 ARTICLE XVII ? Cases FUND 18 ARTICLE XVIII ? Balance 19 ARTICLE XIX ? Domain 20 ARTICLE XX ? OVERSIGHTS 21 ARTICLE XXI ? ACCESS TO RECORDS 22 ARTICLE XXII ? Bankruptcy 23 ARTICLE XXIII ? Mediation 24 ARTICLE XXIV - CONTROLLING LAW 25 ARTICLE XXV ? SEVERABILITY 26 ARTICLE XXVI ? Unapproved REINSURERS 27 ARTICLE XXVII ? Assessments 29 ARTICLE XXVIII ? Government EXCISE TAX 30 ARTICLE XXIX ? Secrecy 31 ARTICLE XXX ? Whole AGREEMENT 32 ARTICLE XXXI ? Delegate 33 ARTICLE XXXII ? EXECUTION 34 ARTICLE I ? Gatherings TO AGREEMENT This Agreement is exclusively between the Company and the Reinsurer and the presentation of commitments of each gathering under this Agreement will be rendered exclusively to the next gathering. In no occurrences will anybody other than the Company or the Reinsurer have any rights under this Agreement with the exception of perceiving the Company has the sole obligation regarding the assessment and arrangement of the Underwriting Manager, Managed Care Concepts of Delaware, Inc. (MCCI). Further, it is concurred that Associated Accident and Health Reinsurance Underwriters (AAHRU), a taking part Reinsurer, is considered to be the Lead Reinsurer. In that limit, any activities of the Lead Reinsurer will be made to the greatest advantage of this Agreement and authoritative upon the different reinsurers. Should the Company name another Underwriting Manager, the Reinsurer must favor any adjustment in the Underwriting Manager, in any case the Reinsurer has the option to drop at the hour of pro gress. This Agreement will be official upon the gatherings, their beneficiaries, and replacements, assuming any. ARTICLE II ? Premise OF REINSURANCE On and after the powerful date of this Agreement, the Company will surrender and the Reinsurer will acknowledge as reinsurance, a Quota Share partition, as appeared inside ARTICLE XXXII ? EXECUTION, of the obligation on strategies, folios, agreements or understandings of protection, hereinafter alluded to as approaches, gave or reestablished by the Company on or after the viable date of this Agreement and endorsed for and for the benefit of the Company by the Underwriting Manager and named Basic College Accident and Sickness Medical Expense Insurance, as portrayed beneath: Fundamental College Accident and Sickness Medical Expense Insurance: Overabundance of all other substantial and collectible protection gave to the qualified understudies (different classes including, household undergrad, residential alumni and remote understudies) and their qualified wards. On the off chance that the qualified understudy doesn't have essential protection, this arrangement will be essential. A few plans might be composed on an essential reason for which advantages will at that point be facilitated with some other arrangement where the understudy is secured as a ward. Premiums must be paid before protection is in power and legitimate. The greatest advantage per individual secured guaranteed is $500,000. ARTICLE III ? Maintenance AND LIMIT The Reinsurer consents to acknowledge a fixed extent of 85% of the first $500,000 per individual per hazard for all business subject to this Agreement. The Company consents to hold for its own record 15% of the first $500,000 per individual per hazard for business subject to this Agreement. ARTICLE IV ? INURING REINSURANCE Inuring Reinsurance ? The Company and the Reinsurer consent to buy overabundance of misfortune reinsurance that safeguards to the advantage of all essential portion share members of this bargain for all per individual dangers that surpass $500,000. The price tag and reinsurance security to be endorsed by the Company and Lead Reinsurer. Should worthy reinsurance not be accessible, the Company and Lead Reinsurer will amend this Agreement as needs be. ARTICLE V ? FACULTATIVE REINSURANCE For business that doesn't meet

Theories of Intelligence in Psychology

Theories of Intelligence in Psychology Theories Cognitive Psychology Print Theories of Intelligence in Psychology By Kendra Cherry facebook twitter Kendra Cherry, MS, is an author, educational consultant, and speaker focused on helping students learn about psychology. Learn about our editorial policy Kendra Cherry Reviewed by Reviewed by Amy Morin, LCSW on October 01, 2019 facebook twitter instagram Amy Morin, LCSW, is a psychotherapist, author of the bestselling book 13 Things Mentally Strong People Dont Do, and a highly sought-after speaker. Learn about our Wellness Board Amy Morin, LCSW Updated on October 08, 2019 More in Theories Cognitive Psychology Behavioral Psychology Developmental Psychology Personality Psychology Social Psychology Biological Psychology Psychosocial Psychology In This Article Table of Contents Expand Defining Intelligence Concept of Intelligence Theories of Intelligence Intelligence Testing View All Back To Top What exactly is intelligence? While intelligence is one of the most talked about subjects in psychology, there is no standard definition of what exactly constitutes intelligence. Some researchers have suggested that intelligence is a single, general ability, while others believe that intelligence encompasses a range of aptitudes, skills, and talents. Verywell / JR Bee   How Psychologists Define Intelligence Intelligence has been an important and controversial topic throughout psychologys history. Despite the substantial interest in the subject, there is still considerable disagreement about what components make up intelligence. In addition to questions of exactly how to define intelligence, the debate continues today about whether accurate measurements are even possible. At various points throughout recent history, researchers have proposed some different definitions of intelligence. While these definitions can vary considerably from one theorist to the next, current conceptualizations tend to suggest that intelligence involves the level of ability to do the following: Learn:  The acquisition, retention, and use of knowledge is an important component of intelligence.Recognize problems:  To put knowledge to use, people must be able to identify possible problems in the environment that need to be addressed.Solve problems:  People must then be able to take what they have learned to come up with a useful solution to a problem they have noticed in the world around them.?? Intelligence involves some different mental abilities including logic, reasoning, problem-solving, and planning. While the subject of intelligence is one of the largest and most heavily researched, it is also one of the topics that generate the greatest controversy. While psychologists often disagree about the definition and causes of intelligence, research on intelligence plays a significant role in many areas. These areas include decisions regarding how much funding should be given to educational programs, the use of testing to screen job applicants, and the use of testing to identify children who need additional academic help. How the Concept of Intelligence Developed The term intelligence quotient, or IQ, was first coined in the early 20th century by a German psychologist named William Stern. Psychologist Alfred Binet developed the very first intelligence tests to help the French government identify schoolchildren who needed extra academic assistance. Binet was the first to introduce the concept of mental age or a set of abilities that children of a certain age possess.?? Since that time, intelligence testing has emerged as a widely used tool that has led to developing many other tests of skill and aptitude. However, it  continues to spur debate and controversy over the use of such testing, cultural biases that may be involved, influences on intelligence, and even the very way we define intelligence. Theories of Intelligence Different researchers have proposed a variety of theories to explain the nature of intelligence. Here are some of the major theories of intelligence that have emerged during the last 100 years: Charles Spearman: General Intelligence British psychologist Charles Spearman (1863â€"1945) described a concept he referred to as general intelligence or the g factor. After using a technique known as factor analysis to examine some mental aptitude tests, Spearman concluded that scores on these tests were remarkably similar. People who performed well on one cognitive test tended to perform well on other tests, while those who scored badly on one test tended to score badly on others. He concluded that intelligence is a  general cognitive ability that can be measured and numerically expressed.?? Louis L. Thurstone: Primary Mental Abilities Psychologist Louis L.Thurstone (1887â€"1955) offered a differing theory of intelligence. Instead of viewing intelligence as a single, general ability, Thurstones theory focused on seven different primary mental abilities. The abilities that he described include: Verbal comprehensionReasoningPerceptual speedNumerical abilityWord fluencyAssociative memorySpatial visualization?? Howard Gardner: Multiple Intelligences One of the more recent ideas to emerge is Howard Gardners theory of multiple intelligences. Instead of focusing on the analysis of test scores, Gardner proposed that numerical expressions of human intelligence, such as in the IQ test, are not a full and accurate depiction of peoples abilities. His theory describes eight distinct types of intelligence based on skills and abilities that are valued in different cultures.?? The eight kinds of intelligence Gardner described are: Visual-spatial intelligenceVerbal-linguistic intelligenceBodily-kinesthetic intelligenceLogical-mathematical intelligenceInterpersonal intelligenceMusical intelligenceIntrapersonal intelligenceNaturalistic intelligence?? Gardners Theory of Multiple Intelligences Robert Sternberg: Triarchic Theory of Intelligence Psychologist Robert Sternberg defined intelligence as mental activity directed toward purposive adaptation to, selection, and shaping of real-world environments relevant to ones life. While he agreed with Gardner that intelligence is much broader than a single, general ability, he instead suggested that some of Gardners types of intelligence are better viewed as individual talents. Sternberg proposed what he referred to as successful intelligence, which involves three different factors: Analytical intelligence: Your problem-solving abilities.Creative intelligence:  Your capacity to deal with new situations using past experiences and current skills.Practical intelligence: Your ability to adapt to a changing environment.?? Questions About Intelligence Testing In order to gain a deeper understanding of intelligence and the tests that have been developed in an attempt to measure this concept, its important to understand the history of intelligence testing, the scientific research that has been conducted, and the findings that have emerged. Major questions about intelligence and IQ testing  still include: Is intelligence a single ability, or does it involve an assortment of multiple skills and abilities?Is intelligence inherited, or does the environment play a larger role?Are intelligence tests biased?What do intelligence scores predict, if anything? To explore these questions, psychologists have conducted a considerable amount of research on the nature, influences, and effects of intelligence.?? A Word From Verywell While there has been considerable debate over the exact nature of intelligence, no definitive conceptualization has emerged. Today, psychologists often account for the many theoretical viewpoints when discussing intelligence and acknowledge that this debate is ongoing.

Analysis Of Sonny s Blues By John M. Lee - 2198 Words

Name: Ali Beydoun Instructor: Dr. Kim Course: English 132 Sonny’s Blues is one of the famous stories expressing the deplorable conditions the Black community found themselves in during the struggle against racial segregation in the American history. The analysis given by John M. Reilley is to draw the attention of the readers and audience on the image of the black community, basically as expressed by Sonny’s Blues as a metaphor. Following the publication of Sonny’s Blues, James Baldwin realized he had a role in the African American Civil Rights Movement (Baldwin, 69). The story articulates the thoughts and experiences of the racial violence and oppression that was being experienced by the black Americans at the time. Through the story, the writer treats the issues of segregation and racism in a lesser manner as compared to several of his works, but the weight is felt at different levels. The purpose of the story Sonny’s Blues, in relation to the public image of young Black men. The title used by James Baldwin, Sonny’s Blues, according to John Reilley, can be interpreted in two ways (Reilly, 56). The first interpretation is the state of unhappiness and discontent amongst the Black community and the music played by Sonny, or rather his depression (blues). According to Reilly, the purpose of the story is to lead those reading Sonny’s Blues to sympathetically engage with the young man (Sonny) by digging in deep knowledge on human motives. The intention of the narrator, and

Should College Athletes Be Paid A Salary - 1729 Words

A question that has been rising to the surface lately is â€Å"should college athletes be paid a salary?† One cannot get on the internet nowadays and not see some kind of college sport headline. The world of college sports has been changed greatly the past decade due to college athletes. These athletes make insurmountable amounts of money and an unbelievable amount of recognition for the universities. The athletes that provide and make a ton of revenue for the colleges also spend a huge amount of their time practicing and staying committed to sports. They also have to maintain good grades in school which requires quite a bit of overtime. Because college athletes generate massive amounts of revenue and put in massive amounts of personal time for their individual universities, colleges need to financially compensate players for their contributions. The colleges that these superstars represent reaps all the benefits of the accomplishments the athletes have, yet the big named play ers are making nothing from what they do. College is one of the most important phases in your life. It determines your future and what you will be doing with your life whether you are an athlete or not. When the NCAA was first founded in 1905, the opposition to paying student-athletes was akin to the opposition to paying coaches. But coaches today get paid, and handsomely too. The typical Division I college football player devotes 43.3 hours per week to his sport- 3.3 more hours than the typical AmericanShow MoreRelatedNCAA aAhletes and Pay 1142 Words   |  5 PagesShould college student-athletes be paid has become a much debated topic. The incentive for a student-athlete to play a college sport should not be for money, but for the love of the game. It has been argued that colleges are making money and therefore the student-athlete should be compensated. When contemplating college income from sporting events and memorabilia from popular sports, such as football and basketball, it must not be forgotten that colleges do inc ur tremendous expense for all theirRead MoreShould College Athletes Be Paid?1348 Words   |  6 Pagessport be enough to play? When will athletes feel like their work is being recognized? When will athletes quit demanding more: more chances, more freedom, and now, more money? When will student-athletes truly become â€Å"student-athletes†, without putting athletics before academics? Do student-athletes deserve to be paid a salary, in addition to their scholarships? How would a salary effect the way collegiate sports are being played now? Paying a college athlete a salary goes far beyond simply writing aRead MoreTo What Extent Should College Athletes Be Paid or Not?1055 Words   |  4 Pagesis whether college athletes should be paid or not. There have been convincing facts from both sides on whether these college athletes should receive pay while in school performing at their specific athletic event. There has been considerable controversy over the past years on whether or not National Collegiate Athletic Association (NCAA) athletes should be paid or not. Fans, players, and the board of the NCAA all have their separate beliefs on why or why not the athletes should be paid. These youngRead MoreShould College Athletes Be Paid?1539 Words   |  7 PagesBrett Ott Argument Paper Rough Draft 11/20/15 One of the biggest debates in sports right now is whether or not college athletes should be paid. They spend an extensive amount of time between classes, workouts, practices, and games. As an NCAA Division III athlete, I can relate to having a demanding schedule. Everybody has to go to their classes and practice every day. In addition, we have skill workouts between classes depending on the day, as well as lifting four days per week in the offseasonRead MoreShould College Athletes Be Paid? Essay959 Words   |  4 Pages Should College Athletes Be Paid? There is an issue that continues to grow with college athletes; should college athletes should be financially compensated? Many argue that college athletes are amateurs, and should not be paid, as they receive compensation in the form of education. Others believe that these athletes produce large revenue for their schools, and the athletic sponsoring body, and therefore should be paid for doing so. There are many limitations on college athletes from the NCAARead MoreEssay on Athletic Programs of Universities918 Words   |  4 PagesFrequently, colleges are better known for their athletics than academics. Universities thrive off their athletic programs and in return, most reward their athletes through scholarships, apparel, and experiences. However, some believe that these rewards are not sufficient and that college athletes should be paid a salary. College athletes should not be paid a salary because many are receiving scholarships, it would create an unequal playing field, an d it would take away the student aspect of beingRead MoreShould College Athletes Be Paid?1713 Words   |  7 PagesCollege sports are one of the largest and fastest growing markets in today’s culture. With some college sports games attracting more viewers than their professional counterparts, the NCAA is one of the most profiting organizations in America. Recently there has been controversy in the world of college sports as to whether the college athletes that are making their universities and the NCAA money should receive payment while they are playing their respective sport. Many believe that these athletesRead MoreLarge Salaries of Pro Athletes Negative Effects on Athletes and Sports1574 Words   |  7 PagesLarge Salaries of Pro Athletes Negative Effects On Athletes and Sports Abstract This paper will explain the effects of the luxury contracts of athletes on sports as well as the athlete. The debate is whether the effect is a negative effect or not. This paper will aim to show how the contracts of athletes have changed significantly over time. It will also show how the pro athlete affect the sport of college in different aspects and if that helps or hurt the college athletics or influencesRead MoreShould College Athletes Be Paid?1608 Words   |  7 Pagestime or part time, where there is work to be done, there are money and benefits to be earned. Collegiate athletes not only work to excel in the classroom but are also expected to train and perform like professional athletes. College athletes participating in the NCAA should get paid because a scholarship does not cover all college athlete expenses, the return on investment received by the college or university is large enough to do so, and with money as motivation, the level of play could significantlyRead More Should College Athletes be Paid? Essay1510 Words   |  7 Pageswith sports is, should student athletes be be paid a salary? Some people believe that they should be paid and others would completely disagree. Even though they technically are being paid, they really are not. The only type of way the athletes would be paid is through financial aid or if they have a job. Only their education is being paid by the school. Although some people believe that they should be paid, it would not be a good idea at all. So college athletes should not be paid at all because

What can David do about his position in relation to the other partners Free Essays

Introduction In considering what rights David has in respect of the other partners, it will first need to be determined whether a partnership has actually been created. For a partnership to be created two or more persons must conduct business with a view to profit. Partnerships are defined under s. We will write a custom essay sample on What can David do about his position in relation to the other partners? or any similar topic only for you Order Now 1(1) Partnership Act (PA) 1890 as a â€Å"relation subsisting between persons carrying on business in common with a view of profit†. Since David, Clive and Jane have all started a business in advertising with a view to profit; it is evident that a partnership has been created. As a partnership agreement has not been created by the partners, the partnership will be governed by the PA 1890. David will thus be able to rely on the PA 1890 in order to establish his rights and duties. It is contained within s. 19 PA 1890 that â€Å"the mutual rights and duties of partners whether ascertained by agreement or defined by this Act may be varied by the consent of all of the partners, and such consent may be either express or inferred from a course of dealing†.[1] Therefore, the rights and duties of David will have been capable of being varied with the mutual consent of all the partners. As the partners do not have a partnership agreement in place, it is clear that they have not v aried the terms of their rights and duties that are contained under the Act. Given that a partnership is based upon the mutual trust of all the partners, they each owe a duty of good faith. This has been exemplified in the case of Const v Harris[2] when it was held by Lord Eldon that; â€Å"in all partnerships, whether it is expressed in the deed or not, the partners are bound to be true and faithful to each other†. Therefore, each partner must be required to act in the interests of the partnership as a whole and not in the interests of themselves. As Jane is a director of a company that runs corporate events, called Eventbright Ltd, which has been regularly used by the partners, it is questionable whether Jane is acting in the interests of the partnership. This is because Jane may only be using Eventbright Ltd in order to increase profits in her own company. This can be seen in Trimble v Goldberg[3] where it was made clear that all partners must act in good faith for the benefit of the partnership. There are three requirements that must be fulfilled by the partners when acting in good faith of the partnership. These are; 1) the duty to disclose information, 2) the duty to account for benefits received, and 3) the duty in respect of competing business.[4] Whether the latter two duties are being fulfilled by Jane is debatable. This is because Jane may be benefiting from using her company to which she is a director in order to gain profits (s. 29 PA 1890) and her company may be considered a competing business (s. 30 PA 1890). If this is the case, Jane will be required to disclose this information to the other partners and must account for and pay over to the firm all profits made by her. In respect of the restrictions Jane and Clive want to impose upon David’s work, it is likely that David will be able to assert his rights contained under s. 24 PA 1890. Here, it provided that; every partner may take part in the business (24(5)) and that decisions are to be taken by a majority but unanimity is required to change the nature of the business (24(8)). David may therefore take part in the business, yet because Jane and Clive have suggested he take a more administrative role, it is arguable whether this will be sufficient. This is because Clive and Jane will be capable of making a majority decision as to how the business is being run, although they cannot change the nature o f the business without David’s consent. In effect, David may not be able to oppose the decision that is being made by Clive and Jane as they will be able to take a majority vote as to how they think the business should be run. And, if they feel that it is in the best interests of the business, then David may not have any right to argue against this unless they acted in bad faith or attempted to change the nature of the business. If David is not happy with the new arrangements, he may be capable of bringing the partnership to an end. This can be done by giving notice to the other partners (s. 26 and 32 PA 1890). If David decides to bring the partnership to an end, any partner will have the right to publicly notify the dissolution (s. 37 PA 1890). After the partnership has been dissolved, each partner will be entitled to have the partnership property applied so that the debts and liabilities can be discharged. Once this has been done, any surplus will be distributed equally between the partners. Because not all property is partnership property, a distinction will have to be made between personal and partnership property as personal property will not be able to help meet partnership debts (s. 20 PA 1890). Overall, it seems as though David may not be able to oppose the decision of Clive and Jane to restrict his work to more clerical and administrative matters. If David is not happy with this decision he may be able to bring the partnership to an end by giving notice to the partners. Once this has been done, the partnership property will be distributed equally between all three partners. What is the partnership propertyWhy does it matter? The amount of money and property the partners have contributed to the partnership to use in the enterprise is known as partnership capital.[5] This represents the partner’s equity in the partnership and has noted in Reed v Young[6]; â€Å"The capital of a partnership is the aggregate of the contributions made by the partners. It is important to distinguish between the capital of a partnership, a fixed sum, on the one hand and its assets, which may vary from day to day and include everything belonging to the firm having any money value, on the other.† Partnership capital is thereby distinguished from partnership property which is the property that has been acquired by the partnership. This includes a transfer of property to; a) the partnership in its name, b) one of the partners in their capacity as partnership, or c) one of the partners indicating their capacity as a partner.[7] It is vital that partners indicate their intent as to whether the property is to be consider ed capital or property as this will determine who is entitled to the property once the partnership is dissolved. If the property is partnership capital, then the individuals will be entitled to take their share of the property.[8] If the property is partnership property, then the property will be distributed equally between the partners. As pointed out by Lord Andrews LCJ in McClelland v Hyde[9]; â€Å"the capital of a partnership is something different from its property or its assets†. 20(1) PA 1890 states that partnership property includes â€Å"property originally brought into the partnership stock or acquired for the purposes and in the course of the partnership business†. It is important for partners to specify what property belongs to whom in order to avoid any undesirable consequences. The original owners of the property may not be entitled to recover the property in the event that the partnership comes to an end.[10] On the insolvency or bankruptcy of a partnership, there are two sets of creditors; joint and separate. The partnerships assets are referred to as the â€Å"joint estate† in the Insolvency Act 1986 (as amended by the Insolvent Partnerships Order 1994 (SI 1994 2421)) and are used in the first instance to pay the partnerships creditors. If an asset increases in value, the increase will belong to the firm if the asset is partnership property. If the asset is owned by the individual partner, then the increase will belong to the individu al.[11] As a partnership does not have its own separate legal entity, partnerships cannot own property in its own name. Instead, partnership property will be held in the names of the individual partners who will be deemed to be holding the property in their names as agents for the purposes of, and as trustees for, the partnership as shown in Burdick v Garrick[12] where property held on trust for the partners was considered partnership property. There is also a presumption, unless expressly stated otherwise, that partnership property is held by partners as tenants’ in common and not as joint tenants (except for land; s. 39(4) Law of Property Act 1925). This was evidenced in Bathhurst v Scarborough[14] when it was noted that the general rule is that property bought with partnership money belongs to the partnership and will be held by the partners as tenants in common. The accounts of the partnership will usually make it clear which assets are to be considered partnership property and which assets are merely individual property that is to be used by the partnership as in Barton v Morris[15] where it was clear from the partnership’s accounts which assets were to be treated as partnership and individual property. In the instant scenario it would appear as though the office equipment and stationary is partnership property, whilst the rest of the partner’s assets are personal property. However, because there i s no partnership agreement in place that specifies which separates the assets between ‘partnership property’ and ‘partnership capital’ it seems as though s. 20(1) PA 1890 will apply. This means that all of the property that has been brought into the partnership stock will also be called partnership property. This has been recognised by Deards who stated that; â€Å"property brought into the partnership stock will cover property brought in as capital by a partner†.[16] Nevertheless, because s.21 of PA 1890 provides that property brought with the partnership’s money is presumed to have been brought for the partnership, any property that is itemised in the partnerships accounts will be deemed partnership property. This suggests that if the property is not itemised in the partnerships accounts and is merely being used by the partnership, then in the absence of any agreement by the partners, the use of any property by the partners will not be regar ded as partnership property.[17] Consequently, if any of the assets are not itemised in the partnerships accounts it cannot be said that they will be classed as partnership property. In Waterer v Waterer[18], however, the use of land was considered partnership property because of the nature of the partnership. In effect, unless David’s assets are itemised in the partnerships accounts, they will not be considered partnership property. The premises by which the company operates will most likely be considered partnership property in light of the Waterer v Waterer[19] case, whilst the use of Eventbright Ltd will not be. Any assets that are considered partnership property will be shared equally between the partners. Bibliography Books E Deards., Practice Notes on Partnership Law, (Cavendish Publishing, Business Economics, 1999). E MacIntyre., Business Law, (Essex: Pearson, 6th Edition, 2012). R Mann., Essentials of Business Law and the Legal Environment, (London: Cengage Learning, Business Economics, 2009). Journals K Killington., ‘Partnerships – All Are Equal?’ (2008) Tax Journal, Issue 916, 14-16. P Beasang., ‘Partnerships: Legal Issues’ (2008) Tax Journal, Issue 916, 13-14. T M Lewin., ‘What is Partnership Property?’ (2011) http://www.icaew.com/en/technical/farming-and-rural-business/general/what-is-partnership-property [25 July, 2014]. Legislation Partnership Act 1890 Case Law Barton v Morris [1985] 1 WLR 1257 Bathhurst v Scarborough [2004] EWCA Civ 411 Brown v Inland Revenue Commissioners [1965] AC 244 Burdick v Garrick (1869-1870) LR 5 Ch App 233 Const v Harris (1924) Turn R 496 McClelland v Hyde [1997] 3 All ER 800, CA Reed v Young [1984] STC 38, 57-58 Trimble v Goldberg [1906] AC 494, PC Waterer v Waterer (1872-73) 15 LR Eq 402 How to cite What can David do about his position in relation to the other partners?, Essay examples

Computer Crime and Security Survey

Question: Describe about the Computer Crime and Security Survey? Answer: Introduction Networking of Wireless gives many benefits: Productivity will recover as of raised the convenience to resources of information. Reconfiguration and configuration of network is faster, easier, and reduce the expensive. Though, technologies of wireless which will creates threats which is new and modify the information security which is existing one of risk report. Just for example, since a connection takes position "through air" with frequencies of radio, the interception of risk is superior to network which is wired. Though networking of wireless modifies the risk which is connected with different threats to the security, the generally objective of security stay the similar as with networks which is wired: confidentiality which is preserved, integrity ensured, and maintaining the information which is available and systems of information. The aim of this document is to aid managers in creation of such results by giving them with the essential considerate of nature for different threats which is connected with networking of wireless and accessible countermeasures. The advantages of Networks of wireless comprise: Productivity, Mobility, Convenience, Cost, Expandability and Deployment. Network technology of Wireless, whereas stuffed with benefits of conveniences as illustrated over has its downfalls share. The majority of these contain with the limits of inherent of technology. The drawbacks of using the network of wireless are: Range, Security, Speed and Reliability. Networks of Wireless present the issues of host for managers of network. Most network investigation vendors like Instruments of Network, General Network, and the Fluke, which will propose troubleshooting tools of WLAN or functionalities of product stroke. Wireless Vulnerabilities, Countermeasures and Threats Networks of wireless contain 4 components which are basic: The broadcast data by frequencies of radio; points of Access which will give the association to network managerial and/or devices of Client (PDAs, laptops etc.); and the Users. Every component will give an opportunity for assault which will outcome in cooperation of one or more of 3 fundamental with objective of security for availability, reliability and confidentiality. Network Attacks of Wireless In todays IT enabled environment we are moving from wired networks to wireless networs.As the number of wireless networks are increases the risk of network attacks also increases same time. There are couples of known treats as below: Accidental connection Unofficial access to business of networks for wireless and wired will come from the number of various intents and techniques. One of the techniques is referred as accidental connection. When the user rotates on the computer and it handles on to the access point of wireless from the overlapping system of neighboring firms, the user should not still know that it has happened. This is particularly true if laptop is also enthusiastic to the network which is wired. Malicious connection Malicious connections are when plans which are wireless which can be aggressively made by crazy to attach to the firm through network by cracking laptop in its place of the firm access point (AP). The laptop types are called as the soft APs and they are generated when the cracker runs few of the software which creates his/her network of wireless card which will look like the access point which is genuine. Once the cracker has increased the access, he/she will steal the passwords; commence attacks on network which is wired, or the plant the trojans. The Ad-hoc networks Networks which are Ad-hoc will pretense the threat of the security. Networks of Ad-hoc are distinct as networks of peer-topeer among computers of wireless which do not have the point of access among them. Whereas these networks types regularly have slight protection, techniques which are encryption can be used to give security. The Non-traditional networks Networks which are Non-traditional like private network and devices of Bluetooth will not be safe from furious and must be observed as the risk of security. Every reader of barcode, PDAs handheld, and the printers of wireless and copiers would be protected. The networks of nontraditional can be simply unnoticed by employees of IT who have barely paying attention on access points and laptops. Individuality to stealing (MAC spoofing) Individuality to stealing (or the MAC spoofing) happens when the cracker is capable to snoop in traffic system and recognize the address of MAC of the computer with rights of network. Many systems of wireless permit some sort of filtering tool of MAC to only permit computers which are authorized with precise MAC IDs which will increase network utilize and access. Attacks of Man-in-the-middle The attackers of man-in-the-middle persuade systems to log into the system which will be set up the soft AP (Access Point). Formerly that will be done, the attach of hacker to the actual access point during another card of wireless contribution the steady traffic flow during the translucent computer hacking to real network. The forces of attack with computers AP-connected to fall their connections and reconnect with crackers soft AP. Attacks of Man-in-the-middle are improved by software like AirJack and LANjack, which computerize multiple steps of process. The Denial of service The attack of Denial-of-Service (DoS) happens when the assailant frequently barrages the embattled AP (Access Point) or bogus requests with network, untimely victorious messages of connection, disappointment messages, and/or some other commands. The attacks rely on protocols abuse like the Extensible Substantiation Protocol (EAP). The Network insertion In the network insertion attack, the cracker will make use of the access points which are uncovered to the system traffic which is non-filtered, particularly broadcasting traffic of network like Spanning Tree (802.1D), HSRP, RIP and OSPF. The cracker inserts counterfeit networking commands of re-configuration which influence intelligent hubs, switches and routers. Attack of Caffe Latte The assault of Caffe Latte is an additional means to overcome WEP. It is not essential for attacker to be area of system by this utilize. By the process that targets Windows stack of wireless, it is probable to attain the key of WEP from the remote client. By distributing the flood of request of encrypted ARP, the attacker takes benefit of authentication for shared key and modification of message flaws in WEP 802.11. The attackers use the responses of ARP to attain the key of WEP in less than 6 minutes. Implement Security in Wireless Network: Wireless Networks can be secure in various ways like securing transmission, protecting access points or devices, educate users of network and auditing on networks. We can Use an Modem from Netgear DGND3700 to help User to avoid security issues in wireless communication. Securing the Wireless Transmissions The character of communications which is wireless which generates three essential threats: Disruption, Alternation and Interception. Protecting Privacy of Transmissions which are Wireless DGND3700 uses 2 counter measures types survive for decreasing the eavesdropping risk on transmissions of wireless. The first engages techniques for creating it additional hard to situate and interrupt the signals of wireless. The 2nd engages the use of the encryption for confidentiality protect even if signal of wireless is intercepted. Techniques of Signal-Hiding In sort to interrupt transmissions of wireless, attackers primary require to recognize and situate networks of wireless. The easiest and least costly include the following: From DGND3700 modem we can Turning off the service set identifier (SSID) broadcasting and Assign cryptic names to SSIDs, Reducing signal strength to the lowest level that still provides requisite coverage or Locating wireless access points in the interior of the building, away from windows and exterior walls. Encryption The finest technique for securing the confidentiality of transmitted information over networks of wireless is to encrypt all traffic of wireless. This is particularly significant for firms subject to the regulations. DGND3700 have features to provide this. Securing Alteration of Communications Intercepted Alteration and Interception of transmissions wireless symbolizes the form of attack "man-in-the middle". DGND3700 can appreciably decrease the risk of these attacks: encryption and authentication will be strong of both users and devices. Countermeasures to Decrease the Denial-of-Service Risk Attacks Communications Wireless is also susceptible to attacks of denial-of-service (DoS). Firms can obtain numerous steps to decrease the risk of these accidental DoS attacks. Cautious site examination can recognize site where the signals from additional devices stay alive; conclusions of these surveys would be used when choosing where to situate access points wireless. Protecting Access Points Wireless Unconfident, badly configured access points wireless can cooperation privacy by permitting unauthorized network access. Countermeasures to Protect Access Points Wireless Use of DGND3700 can decrease the hazard of illegal admission to networks wireless by getting those 3 steps: Eradicating scoundrel access points;Correctly configuring all the access points which are authorized; andUse 802.1x to devices which are authenticate. Eradicate Rogue Access Points The finest technique for selling with hazard of rogue the access points to utilize 802.1x on networks of agitated to validate DGND3700 device which are stop into network. Use 802.1x will stop any illegal devices from network which is linking. Protect Configuration of Certified Access Points Companies also require making sure that all certified access points wireless are firmly configured on DGND3700. It is particularly significant to modify all settings which is default as they are well known and can be subjugated by attackers. Utilize 802.1x to all Devices to Authenticate Strong verification of plans effecting to attach to network which can avoid access points rogue and other illegal devices from starting anxious backdoors. The protocol 802.1x converse previous gives the means for powerfully validating devices preceding to transmission them addresses of IP. Protecting Wireless Networks We can protect wireless networks by using encryption or firewall or antivirus software. Encryption usage The mainly efficient way to protect the network of wireless from interloper is for encrypt, or mix up, communications over system. Main routers of wireless like DGND3700, base stations and access points have the mechanism of built-in encryption. Use anti-spyware and anti-virus software, and the firewall Computers on the system which is wireless require the similar protections as the computer which is connected to Internet. Install anti-spyware and anti-virus software, and remain them up-to-date. If the firewall was shipped in off mode, which turn it on. Turn off broadcasting identifier Main routers of wireless have the mechanism known as broadcasting identifier. It will send out the signal to the device in vicinity announcing its attendance. Hackers can use broadcasting identifier to the home in the wireless network which is vulnerable. Disable the mechanism of broadcasting identifier if the router which is wireless allows it. Modify the default modem identifier The modem DGND3700 which is going to identify is almost certainly to be on standard, allocated the ID which is default by the producer to the hardware. Hence, if modem will not be recognized as broadcasting for the world, then hackers will identify the IDs which are default and then it can use them for trying for the network of the access. Alter the identifier which is unbelievable only to recognize, and remember to systematize the ID which is unique which is comparable into modem which is wireless and the computer consequently they can converse. Use the password which is at least long as 10 characters: If the password which you have used is longer then it will be difficult for the hackers to crack it. Modify the pre-set password of modem DGND3700 for the administration The producer of the modem which is wireless almost certainly assigned it the default password which is standard which will permit to set up and then activate the device. The passwords which is default can be known by Hackers very easily, so try to use the one which cant be known by anyone somewhat complex and long. If the password which you have used is longer then it will be difficult for the hackers to crack it. Permit only precise computers to admission your network which is wireless Each computer that is capable to converse with the assigned network to its own exclusive address for Media Access Control (MAC). DGND3700 which are wireless typically permit only devices through exacting address of MAC admission to network. Few hackers have impersonated addresses of MAC, so dont depend on this step only. Turn off the network which is wireless when you identify you dont use it Hackers will not right of entry the modem DGND3700 which is wireless when it will be shut down. If the DGND3700 will be turn off then you will not using it, then bound the quantity of time which is vulnerable to the hack. Users will get Educating and Training It will comprise users as basic component for the fourth of networking which is wireless. As the case of security with wired, users are components of key to the networking security of the wireless. Certainly, the significance of education and training users about protected behavior of wireless cannot be showy. Conclusion Networking of the Wireless gives several opportunities to raise the costs which will be cut down and the productivity. It also modifies the firms on the whole risk profile of the computer security. Even though it is impracticable to completely eradicate all risks which are associated with networking of wireless, it is probable to attain the level which is reasonable for the security of overall by just adopting the methodical technique for risk management and assessment. References [1] Graham, E., Steinbart, P.J. (2006) Wireless Security [2] Cisco. (2004). Dictionary attack on Cisco LEAP vulnerability, Revision 2.1, July 19. [3] CSI. (2004). CSI/FBI Computer Crime and Security Survey. [4] Hopper, D. I.(2002). Secret Service agents probe wireless networks in Washington. [5] Kelley, D. (2003). The X factor: 802.1x may be just what you need to stop intruders from accessing your network. Information Security, 6(8), 60-69. [6] Kennedy, S. (2004). Best practices for wireless network security. Information Systems Control Journal (3). [7] McDougall, P. (2004, March 25). Laptop theft puts GMAC customersdata at risk. Information Week Security Pipeline. [8] Nokia. (2003). Man-in-the-middle attacks in tunneled authentication protocols [9] Paladugu, V., Cherukuru, N., Pandula, S. (2001). Comparison of security protocols for wireless communications. [10] Slashdot. (2002, August 18). Wardriving from 1500ft Up. [11] Stoneburner, G., Goguen, A., Feringa, A. (2002, July). Risk management guide for information technology systems. NIST Special Publication 800-30. [12] Wailgum, T. (2004, September 15). Living in wireless denial. CIO Magazine. 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