United States Common Law Tradition free essay sample

In the United States, our lawful framework depends on the custom-based law convention. When there is no particular established arrangement, resolution, or guideline, courts concede to customary law, which is an assortment of legal choices, customs, and general standards. It is accepted that the customary law convention may have started as right on time as the eleventh century in England with the foundation of the Court of Common Pleas. Today, utilizing the precedent-based law convention, courts will hear debates that are brought before them. In doing as such, courts view themselves as limited by how different courts of unrivaled standing have already deciphered a law. This is known as the standard of gaze decisis, or basically point of reference. Point of reference assists with guaranteeing consistency and consistency in the organization of equity with in the lawful framework. The cases we read come from nineteenth century North Carolina Supreme Court assessments concerning viciousness against lady and, or, kids by a spouse or somebody of power (e. We will compose a custom article test on US Common Law Tradition or on the other hand any comparable theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page g. a schoolmistress). The cases show a point of reference being built up in State. Pendergrass, which permitted whipping, and afterward developing in resulting cases over a time of about 40 years, until the court found that â€Å"†¦ [they had] progressed from a condition of boorishness †¦Ã¢â‚¬  arriving at the determination that a spouse has no lawful option to train his better half under any conditions. I might want to bring up that coverture, which was an entrenched lawful rule that a womans lawful rights were converged with those of her better half upon marriage was a piece of the customary law convention of England and the United States all through a large portion of the eighteenth and nineteenth hundreds of years. The woman’s presence was joined into that of her better half, with the goal that she had not very many perceived individual privileges of her own. Albeit over the top viciousness was by and large disliked, numerous courts of the time perceived that a spouse had the privilege to â€Å"discipline† his significant other, with not many special cases. The general demeanor of the period acknowledged that ladies should comply with their spouses. The privilege of a spouse to â€Å"rule over thee,† rises above time and societies, as apparent with Justice Pearson itation of Genesis 3:16, as he would like to think in Joyner v. Joyner. In spite of the fact that coverture is never expressly referenced in the early cases, I trust it was an alleviating factor in the prior assessments of the Court. Case Outlines, Progression of Precedent, Bibliography †¢State v. Pendergrass (1837): The court held that a schoolmistress has legitimate rights like that of a parent and that adj ustment by whipping of an understudy was allowable insofar as it caused just impermanent torment and no changeless injury. Joyner v. Joyner (1862): The court held that there are conditions under which the hitting of a spouse with a horsewhip, or switch, by a husband, and incurring wounds would not be the ground of a separation. †¢State v. Dark (1864): The court held that a spouse can't be indicted for a battery on his significant other except if he perpetrates a perpetual physical issue or uses inordinate savagery or brutality. It has no effect that the couple are living separate by understanding. †¢State v. Rhodes (1868): The Court found that the laws of North Carolina don't perceive the â€Å"right† of the spouse to whip his significant other, yet that courts won't meddle to rebuff him for moderate amendment of her, regardless of whether there had been no incitement for it. †¢State v. Mabrey (1870): The court found that oppressive and exceptionally ill-advised language, combined with a danger to murder the spouse, drawing a blade and endeavoring to cut her, at the end of the day not causing any physical injury was attack. State v. Oliver (1874): The court found that the â€Å"old doctrine,† that held a spouse reserved the option to whip his significant other gave he utilized a switch no bigger than his thumb, no longer administers the choices of their Court. Further, since North Carolina had â€Å"advanced from barbarism,† the Court found that a spouse has no legitimate option to teach his significant other under any conditions.

Views of Christianity and Islam Towards Trade

Christianity and Islam are two of the most polished religions on the planet, and have been for quite a long time. These two beliefs are both monotheistic, which implies they love one God, or Allah. Begun once again 2000 years prior, Christianity depends on the lessons and life of Jesus Christ and was spread all through the Roman Empire. The religion of Islam started right off the bat in 600 C. E. by the prophet Muhammad, and he spread the news of Allah. These religions spread rapidly in Europe and the Middle East. As they advanced, new exchanging courses occurred in these areas.Overtime, Christianity and Islam created sentiments about the exchanging and organizations movement and the individuals who sought after it. As per the religion’s heavenly books, the Bible and Qur’an, their perspectives on exchange were diverse from the outset. Christians accepted that individuals ought not exchange; for it was not the quest for man. Muslims were considerably more open minded of exchange, as long as traders were straightforward in their bartering. By 1000 C. E, both the religions’ mentalities towards exchange had changed totally. Christian researchers started to train that legitimate exchange was adequate, while Muslim researchers saw the risk that exchange brought to a man’s soul.By the fifteenth century, perspectives towards exchange had much progressively uncommon change by and by. Christianity upheld that exchange was empowered and commendable, while Muslims accepted shippers were degenerate. At the point when the two religions initially started, Christianity and Islam contrasted from the start on their perspectives concerning exchange. As expressed in the Christian Bible, it is practically outlandish for a rich man to enter the realm of God (archive 1). For Christians, from the start they needed to carry on with a modest existence without making any profits.Its said that it was simpler for a camel to experience the aperture of a needle, t han for a rich man to go into the realm of God. With respect to Muslims this varied in light of the fact that in the Qur’an, men were permitted to exchange as long as they were straightforward; said in report 2. â€Å"If the two gatherings talk reality and make it show, their exchange will be honored, and in the event that they cover and tell and falsehood, the gift of their exchange will be wrecked. † This implies in the event that two individuals exchange decently among one another without cheating, at that point nothing isn't right as per the Islam beliefs.If one of the men are cheated, at that point their business will be cleared out. The purpose of archive 1 was that Jesus was a poor man, along these lines his devotees satisfied being poor too. At the point when Christianity began, Christians accepted that so as to go to paradise, they should carry on with a poor and humble life, similar to Jesus did. A similar rationale applies for Muslims in record 2, whoâ€℠¢s organizer Muhammed was a well off vendor. In archive two, the creator is supporting shippers and saying that they will be acknowledged by Allah as long as they are truthful.Muslims unequivocally accepted that it was alright to be a well off vendor as long you are straightforward, as Muhammed. In this manner, the two religions were from the start distinctive in light of the fact that Christianity had negative perspectives toward exchange while Islam was for it; and they were similar on the grounds that the explanation behind their perspectives both followed back to their authors. In reports four and five, the view purposes of Christians and Muslims toward exchange started to change. Christians, who were from the start against exchange and getting well off from it, presently state that it is alright to exchange as long as you are honest.Stated in report four, â€Å"No man should offer a thing to another man for more than its value. † This is stating that for men to work with each other, they should not sell things for more than they are worth, or at the end of the day trick one another. While Christian researchers are getting more indulgent towards exchange than they were the point at which the religion began, Islamic researchers are getting progressively exacting. Muslims presently accept that selling things for a benefit, regardless of whether it is straightforward, is definitely influencing the spirit. â€Å"These characteristics lead to a lessening and debilitating in ethicalness and manliness,† (report five).The Islam look on exchange presently observes that the techniques that exchange utilizes are stunts planned for making a benefit by making sure about the distinction among purchasing and selling costs. The two religions, be that as it may, are still fairly comparative since the two of them accept that exchanging for enormous benefits can in the end lead to debasement of the spirit. Perspectives on exchange by Christians and Muslims yet kept on changing much further in archives six and seven. It appears in archive six as though Christians were being urged to exchange as long as it included God.Religious artistic creations of Our Lady were being requested, in this manner Christians currently need individuals to exchange. Likewise in report six it is expressed that, â€Å"You realize God has allowed you to obtain extraordinary wealth in this world, may He be applauded. † It is presently expected for Christian dealers to exchange and use God at the same time. Additional time you can see the change on the perspectives on exchange, on the grounds that from the start Christians didn't need anybody making an enormous benefit. Concerning Muslims, vendors are loosing cash from exchanging. In record seven, Sakaoglu Nasuh is a case of how after some time the business movement has influenced his moral traditions. The previously mentioned has now acted in opposition to the old custom. † This is on the grounds that he is purchasing all the cotton yarn and selling them at greater expenses. Subsequently, not giving different shippers a reasonable chance to purchase and sell the cotton too. This is conflicting with what the Islam religion accepted, which is business exercises are adequate as long as you are not exploiting others. The Islamic Court likely said this is archive seven since they needed to satisfy the individuals and let them realize that vendors must obey.The two religions keep on varying in these records since Christians are presently convincing individuals to exchange, while Islam exchanging is turning out to be cornered. Be that as it may, Christianity and Islam are still similar in which the two of them use religion for instance. The perspectives of Christianity and Islam towards exchange and shippers varied. At the point when the two religions initially started, they had inverse perspectives from one another. Christians considered exchange to be riches as being a long way from G od and it was not endorsed. Muslims, then again, endured exchange as long as the two gatherings were straightforward and nobody was exploited of.Later on, these perspectives changed when Christians turned out to be progressively indulgent and furthermore acknowledged genuine exchange. Muslims at that point considered exchange to be unavoidably influencing the spirit when dealers got degenerate by outbidding different traders. In any case, we would require extra archives, for example, records from the ordinary citizens so as to asses the results of the vendor exercises. We don't have a clue how the Christians’ or Muslims’ average citizens saw the exchanging business, along these lines, we can't completely see all parts of the religions towards it.

Essay Writing Tips - Is It Safe To Buy Essays Online?

Essay Writing Tips - Is It Safe To Buy Essays Online?When we speak of writing essays online, our mind automatically thinks of safety and security. The essay writing is not entirely challenging but also requires a great deal of focus. The importance of essays lies in the information and ideas that they contain and therefore should be safe to be stored. You can either use a safe online storage or a safe online file.Why should essay writers buy essay storage online? This question naturally arises because essay writing has become a very exciting hobby for many. There are lots of online editors who can help you get your essays written or rewritten. It is true that, all such editors are experts in their field and do not have an intention of being a threat to you and your work. But there is no harm in employing one.The biggest problem of buying essays online is that one can only save the articles which are written by him/her. One can not just throw away his/her content, because it may be of a very high quality. The editors are quite busy with other assignments, so it will be difficult for them to take care of your articles as well. Hence, for people who are new to this, you can consider using an essay editor and put it online to get your work re-written.There are a large number of new web sites in the market, which offer cheap as well as free subscription services to writers. The writers of your articles will receive a proof copy, you proof the article, after which the copy is distributed to some selected blogs, news papers and magazines. Most of these sites have a good customer service team who can answer your queries regarding articles.A number of online storage companies also offer its users the facility to upload articles to it. It is possible to archive an article to a private and confidential location in the form of your own storage space.The writers can make use of this facility to store articles online, safely. This facility is especially useful to writers who cannot afford to put their written works online because of the several legal issues involved.The fact is that, online essay storage does not only safeguard the articles but also provides safe access to them. Writers who use this facility to find it easier to edit and revise their articles as well. The greatest advantage of writing essays online is that, it is possible to store and access articles on one's own time and at a place of one's own choice.So, when we speak of writing essays online, we talk about security and safety. This is the reason why all these writers choose to put their writings online and not in some safe file. Essays can be bought online and the buyers should make sure that they buy essays online from reputable sites.

The Use Of Performance Enhancing Drugs Popularly Known As...

Management of doping in sport Student’s name Professor Course Date Literature review Introduction The current issue in sport particularly athletics is the use of performance enhancing drugs popularly known as doping. Spectacular doping cases have risen in the sporting arena that has caused unexpected situations and annoyed the public who are the fans. People have limited knowledge regarding doping though it is an ancient time issue. As a result, some people believe that all professional athletes have always been doped to achieve the standards of good performance and even compete and win in most of the great tournaments (Anderson, 2013). However, the number of athletes that have been positively tested has been small and almost non-representative thus raising suspension that only a few athletes are the influence of drugs. This is not therefore enough to make a generalized conclusion concerning the world of sports. Overview of doping The high rewards in selective tournaments require that competitors possess some features such as high level of practice and sacrifice regarding energy and time. Others have gone to the extremes of using questionable methods and behaviors in pursuit of these rewards and depending on the sleekness of the fruits; the contestants have gone on to engage in more practices to get there. Some of these activities are against the organizer’s interest, for instance, the use of steroids and other products to enhance performance by professional athletesShow MoreRelatedDrug Abuse8640 Words   |  35 Pagesthe report on ‘drug abuse’ has been made by our group to give an idea of the calamitous cause of using drugs in improper way. The report is intended to serve the purpose of providing the knowledge about drug abuse and to suggest ways to help limit drug abuse. An effort has been made on our part to include certain symptoms which indicate drug abuse. Also thr oughout the report, repetitive use of the drug abuse’ has been made to instate into the minds of the reader the cause of using drug abuse in an illicit

The Violation And The Protection Of Privacy - 725 Words

In today’s world the increased dependence on technology and the internet in particular, has transformed both the violation and the protection of privacy. Some might argue that the concept of universal individual privacy is nonexistent today; but on the other hand the global privacy rights framework has never been so sophisticated. We exchange personal information for sheer ease of use and more personalized services. This is the kind of exchange we readily approve of on the internet on a daily basis. Accepting the terms and conditions of the privacy policy agreement of say Facebook or Google; gives them access to your preferences and interests leading to a more enriched and involved user experience. We seldom think of the implications of just handing over the access to our personal data especially on the social media but computer scientists and policy experts believe that such innocuous bits of self-revelation can be amassed overtime and reassembled by computers to help create a picture of a person’s identity. The crux of the argument is, your personal information is less valuable to you than it is to companies who come up with increasingly invasive techniques to fish data from the user. To fully understand the privacy bargain everyday on the web, let’s take a look at a simple policy agreement. ‘By reading the above article, you give company X complete control to view and examine your choices, to sell knowledge gained and supply it to a third party without limitation.’Show MoreRelatedThe Implications Of The Hipaa Privacy And Security Rules And Its Impact On The Health Care Industry1616 Words   |  7 PagesThe Consequences of Noncompliance Introduction This paper is about the changes in the HIPAA Privacy and Security rules and its impact on the health care industry, this paper will show how the Office of Civil Rights (OCR) is increasingly modifying the Act to match the technological advancements within the health arena. The paper will also elaborate on some of the consequences of violating HIPAA and some case examples are cited in this paper. The last section of this paper enumerates how thisRead MoreList And Describe At Least Three Technologies That Allow An Individual To Research Citizens Private Data.1124 Words   |  4 PagesValue of Digital Privacy in an Information Technology Age List and describe at least three technologies that allow an individual to research citizens private data. This is an era of massive violations of privacy rights and individual liberties due to the new technologies of surveillance, data mining, electronic monitoring, biometric chips, spamming, hacking, phishing, and security breaches at major private and public institutions. These new technologies make the protection of privacy rights far moreRead MoreCases around the Fourth Ammendment979 Words   |  4 PagesAmendment only protects the right of privacy for a person when the individual actually expects privacy. In addition, the individual’s expectation of privacy needs to be reasonable. Rosanna have a ten-foot fence surrounding the garden by her house. She has a reasonable expectation of privacy for the contents inside of that particular garden, and she expects privacy since she had put up a tall privacy fence for that purpose. However, she has no expectation of privacy for the open field garden locatedRead MoreViolation Of Personal Data On Social Networks991 Words   |  4 Page sViolation of Personal Data on Social Networks Research question: What measures are in place to protect against personal data theft in social networks? Thesis Statement: The rise of social networking sites has considerable increased the volume of personal data being collected or sold online by some organizations without any consent by the owners, therefore, there are many practices that should be performed by either users or organizations in order to protect the violation. I. The causes of personalRead MoreViolations Of Personal Data On Social Networks1456 Words   |  6 PagesViolations of Personal Data on Social Networks The Causes of Personal Data Stolen on Social Networks Social network sites contain specifically precious information. This data inevitably relates personal information of its users, which shows particular details of their life. According to Obole, Cruz, Welsh (2015), using social networking sites have resulted in concerning issues relating to privacy, for instance, manipulate voters, track users or disclose user’s location. Indeed, business sectorRead MoreApple Is A Violation Of Apple s First Amendment Rights869 Words   |  4 Pagescrack the password. Apple is arguing that the request is a violation of Apple’s First Amendment rights. Apple can face some contractual issues which may contribute to the problems they are currently facing. The first issue is that tech companies should not be required to have an entry way into their products. How can a customer trust a company that does not have their privacy as part of their contract? Customers value their privacy to the utmost fullest. Apple believes that this will weakenRead More1984 Research Paper On 1984 Essay1026 Words   |  5 Pageswith citizens pursuit of happiness. With that being said, if a citizen’s privacy was invaded then their pursuit of happiness would be demolished. The government should not be able to spy on its citizens because it is a major invasion of privacy, people become fearful of the government, and is a large violation of the rights citizens are permitted. To begin, the government spying its citizens is a major invasion of privacy. The government has plenty of ways to assure citizen’s freedom withoutRead MorePrivacy and Citizens Data1498 Words   |  6 PagesIntroduction This is an era of massive violations of privacy rights and individual liberties due to the new technologies of surveillance, data mining, electronic monitoring, biometric chips, spamming, hacking, phishing, and security breaches at major private and public institutions. These new technologies make the protection of privacy rights far more difficult than in the pre-electronic past. Given the nature of the Internet, thousands or even millions of people can view these Twitter and FacebookRead MoreHealth Information Technology For Economic And Clinical Health1484 Words   |  6 Pagespresents a prime example of privacy violation. The Federal privacy rule 42 CFR, part 2 mandated addition privacy protection for any health record that is generated in the treatment of patients in the federal alcohol and drug program (Hughes, 2002). The HIPAA privacy rule dictates that healthcare organizations must not disclose any identifying patient information, or alert any entity that a particular patien t is participating in alcohol/drug treatment program. This type of privacy breach must be reportedRead MoreHipaa, Health Insurance And Portability Act Of 19961577 Words   |  7 Pagesnotifications of privacy practices, copying and viewing medical records, and amendments. This paper explains why confidentiality is important today and discusses recourses patients can use if they believe their privacy has been violated. This paper will also discuss criminal and civil penalties’ that can occur for breaking HIPAA privacy rules. Keywords: HIPAA, health information, patients’ rights Patients’ Rights under HIPAA In 2003, a federal law that provided privacy and security

The Conditions For Factory Workers In Nineteenth Century...

The Conditions For Factory Workers In Nineteenth Century Britain In the nineteenth century some people thought that factories were the best thing that ever created in Great Britain, however, workers inside them thought differently. No group was as exploited as children, who were put to work before they could read or write.Children were employed in industry and agriculture as soon as they started using their hands and were able to walk. They worked in farms, mills, factories, coalmines and on the streets. They sacrificed having an education for working long hours for little money, working in unacceptable conditions for employers who had no interest in safety. Children were put to work†¦show more content†¦The Factory Act, 1833 was an attempt to set up a normal working day in a single department of industry, textile manufacture. The way in which it planned to do this was the following: The working day was to start at 5.30 a.m. and stop at 8.30 p.m. A young person (aged thirteen to eighteen) might not be employed beyond any period of twelve hours, excluding one and a half for meals,and a child (aged nine to thirteen) beyond any period of nine hours. From 8.30 p.m. to 5.30 a.m.; that is during the night,the employment of such people was forbidden. The Factory Act of 1844 is an extremely important one in the history of family legislation. The Act reduced the hours of work for children between eight and thirteen to six and a half a day, either in the morning or afternoon, no child being allowed to work in both on the same day, except on alternate days, and then only for ten hours. Young persons and women (now included for the first time) were to have the same hours, i.e. not more than twelve for the first five days of the week (with one and a half out for meals), and nine on Saturday. Certificates ofShow MoreRelatedPositive Aspects Compared to the Negative Aspects of the Industrial Revolution1404 Words   |  6 Pagestelevision would disappear. Most of the stocks on the shelves of department stores would be gone. Over the course of a century, Britain went from a largely rural, agrarian population to a country of industrialized towns, factories, mines and workshops. Britain was, in fact, already beginning to develop a manufacturing industry during the beginning years of the early 18th century, but it was from the 1730s that its growth accelerated. Although some parts of the Industrial Revolution can be seen asRead MoreLaissez Faire Vs. State Intervention1467 Words   |  6 Pages1800s: Laissez-faire vs. State Intervention What does, exactly, ‘laissez-faire’ mean? According to the Oxford dictionary, this French term means literally ‘allow to do’, however, in nineteenth century Britain, this word was used to define a new policy of non-intervention in free market affairs by governments, in order to allow things to follow their own course without any external help, as suggested from some of the most famous economists of the era, as Adam Smith, his followers Thomas Robert MalthusRead MoreEuropean Factory Workers and Urban Artisans718 Words   |  3 Pagesthe eighteenth century much of Europe was experiencing an industrial production, furthering toward a more industrial society. Many people were supporting the new society, while others were criticizing it. From 1845-1847 Europe was experiencing poor harvests, which caused the Irish famine. Irish peasants died from starvation, while others migrated. Artisans and factory workers were undergoing a process called proletarianization. It was where an owner would pay a wage and the worker would lose allRead MoreThe Role of the Factory in the Early Industrial Revolution Essay777 Words   |  4 PagesWhat was the role of the factory in the early Industrial Revolution? What made the factory system possible? The Industrial Revolution in Great Britain is recognized as a period of great industrial capitalism, machine development, and emergence of the working class.1 The growth of factories began shortly after Richard Arkwright patented the spinning frame in 1769.2 Factories allowed for hundreds of unskilled workers to find jobs running machines and drastically changed their lifestyles as jobsRead MoreIndustrial Revolution : A Working Class Citizen1295 Words   |  6 Pagesof factories opened where goods were manufactured. These goods were created at a much faster pace than ever before, and required big machines and lots of physical labor. The labor came from the citizens in England who were former farmers who urbanized and moved to the cities. These people made up the working class in England and they provided the labor in the factories. For the most part the factories were very crowded, hot and dangerous for the workers. But was this life in the factory betterRead MoreThe Effect Of The Industrial Revolution On The Working Class987 Words   |  4 PagesIndustrial revolution started in Britain around 1750 and by 1850 it will make Great Britain the wealthiest country in the world. The revolution also spread to other European countries and the New World. Both Germany and United States will surpass Britain in the next fifty years. What was the effect of The Industrial Revolution on the working class? Spielvogels ´ text â€Å"The Foundry and Engineering Works of the Royal Overseas Trading Company Factory Rule† is from a factory in Berlin, 1844. It shows a setRead MoreModern Day Economic Conditions During The Industrial Revolution875 Words   |  4 PagesAlthough modern day economic conditions are vastly different when compared to the economic conditions that the British had while they were industrializing, China most closely resembles Britain as it entered into the industrial revolution. Today, China is one of the fastest growing industrializing economies in the world (GDP growth rate ~8%) and can credit this to their shift from an agrarian economy to an industrial economy, their abundance of natural resources, cheap labor, and rapid urbanizationRead MoreIndustrialization Of The Industrial Revolution1797 Words   |  8 Pagesaspect of live in the nineteenth century including technology, government, communication, environment and eventually society as a whole.1 Although industrialisation created many positives for modern society, for people in Britain up to the end of the nineteenth century it had many significantly negative consequences. With the long term advances made for society came the then current development of overcrowding cities abundant with pollution, health problems and poor living conditions for the working classRead MoreThe Industrial Revolution And The First World War2036 Words   |  9 PagesPrior to the Industrial Revolution, the workers in Western society mainly worked with agriculture. The economy depended on agriculture but this began to change at the start of the Industrial Revolution which dates back to 1712 with the invention of the steam engine. This invention led to a plethora of breakthroughs for industries such as the coal and iron industries. As a result of the enclosure movement, the poor who did not have a home were hired to work in the fields or in the cotton industryRead MoreSocial Changes During The Industrial Re volution1539 Words   |  7 PagesThe Industrial Revolution in Britain led to many social changes for the country as well as its people. Prior to the revolution, many people, especially of the lower class in terms of wealth, lived in the countryside where they worked fields to feed their own families. After the Industrial Revolution began, however, this all changed as the demand for more and more goods became abundant, and a method of increasing the supply was needed. Factories would be built in towns by the upper class business

Setting up a New Business Entrepreneurs Planning

Question: Describe about the Setting up a New Business for Entrepreneurs Planning. Answer: In todays world, all the aiming entrepreneurs are planning their way to start a business as no business can be planned to get started without an idea in mind. It is a journey that needs a lot of hard work as many people fail starting up a business of their own[1]. In order to set up a business a person may face various challenges that would not have been otherwise faced if a person works for someone else. It includes finance management, hiring of staff and doing research of the relevant market[2]. One day I got a chance to meet a lady, after conversing with whom I got to know that she is a bit confused related to starting up a business. As she was running a business of providing aloevera products to people which she started as a result of an incident which happened 2 years back I her house only. Her mother-in-law was bedridden and had a knee problem because of which she was not able to move although she went through a operation but no result came. One day somebody told her to apply aloevera which gave positive result in some months as a result of which she started walking in few months from one place to another in her house. So the lady thought to help others so that they can also get benefit of a natural medicine. Finally she started selling aloevera made products which are now helping people drastically. Part- 1 (Questions with Clients Answer) 1: What business you want to invest your money into. You will continue to work as a sole trader or you want to go for opening up of a company? As from last two years I have been working as a sole trader and doing this business from home. I would like to set up a company of my own. Which I am planning to widen by opening a company and stop doing the work from home as it is now impossible for me to take care of home and business solely as my family is expanding. But I am a little confused as to how to give it a start. 2: Do you think your business will survive in the market where there are already so many ayurvedic or such type of items being sold your business will survive? Yes, because my business is not like other businesses. I am not advertising my products to be sold or hiring celebrities to advertise my products. My products are being sold by mouth to mouth advertising as a result of which it bear less cost on advertisement. I only want to open a company my work is already earning well from home I only am expanding the same. My old customers are my celebrities who are getting me more people not by simply telling people to buy but doing that because they used my products and have seen results of the same. 3: As per your consideration or knowledge what do you understand by forming a company? Do you think it is easy to enter into formation of a company when you are a sole trader? Yes, and I know it is not easy to own a company when you have been working as a sole trader as different regulation will apply if a sole trader wants to go for formation of a company. 4: Apart from companies dont you want to invest your company in any other structure of business which prevails in industry? I am aware that there are four structures basically that should be kept in mind. Therefore, I have a scope and option as to which form to adopt in order to set up a business. As my past experience with trusts have been bad so I would not go for trusts anymore and as I have been doing my business solely as a sole trader so now I want to invest my money and want to expand my business by opening up a company. 5: Do you know what is the legal process to be followed in order to formation of a company and get a company registered? As per the Australian Securities Investments Commission there is a INFO 61 i.e. the information sheet which sets out different steps which are to be followed in order to form a company. 6: In which type of company would you plan to invest? Either in a Public Company or a Private Company? I would like to invest in a Public Company. There are major differences which are seen in both the companies. 7:What about going for a Partnership or Joint Venture. Why dont you go for any of these? There is nothing like why. I know that Partnership as I told you earlier is a good form of business where you can form a arrangement between other person and work in order to earn profit and also it might be possible that the other person have a expertise knowledge about anything which can help you building up your business or can take your work to different level on which you spare less time and energy and earn more in less time. 8: As you know so much about what is a company and Partnership and Joint Venture. So now do you think to change your mind and go for a partnership or a Joint Venture. Yes, I will think about it. Therefore, I will give it a thought and have a stdy as to what type will suit my requirements to form a business. 9: Now are you satisfied with whatever we discussed in regard to setting up a business? Yes, to some extent as by discussing the things look different and in books they are different. So I will surely read all the regulations properly and then make my decision as to what type of business I will enter into. 10: Do you know that before entering into business with anyone you should have a legal contract? Yes and there are some specific points which should be kept in mind before doing or entering into contract with other person. Part II (Relevant Law) As per the discussion with the client, certain observations were made and also a brief comparison between three business structures have been discussed in order to make client understand that what suits the client better. The business idea of the client have been understood with the current market scenario and development in market. It was clearly seen and observed that: Client has Clear thinking as to the business idea which she wants to pursue. She hasLimited funds to invest with the view to earn more profits. She is to some extent ready to take risk but is adamoned in payment of debts from her persona; eanings. she is interested in going for company but wants to think again by studying deeply the regulations in regard to partnership and joint venture. The best business structure according to client is to form a company under Corporation Act, 2001.A company is described as an organization of people who work for earning profit and achieving the desired goal under law and also have a separate legal entity from the people who are working inside it or who put their money in it. Investors invest huge amounts in companies for which they earn dividends. There are four types of business structures which are sole trader, partnership, company and joint venture[3]. As per the Australian Securities Investments Commission there is a INFO 61 i.e. the information sheet which sets out different steps which are to be followed in order to form a company which are as follows: Deciding if the company structure which you thinking to establish is right for you or not. As there are certain legal obligations for the officers of the office. To make choice of what the name of the company will be. To decide the operation of the company. To get approval of the other person involved in formation of a company. Get your company registered. To know and acquire the Australian Company Number(ACN ) and Australian Business Number (ABN )[4]. Once a company is being registered, As per Corporations Act 2001, ASIC gives a unique 9 digit no. i.e. Australian Company Number( ACN) which msut be there on all the documents of the company in order to identify the company when doing transactions[5]. There are two types of companies under the corporation act, 2001 and they hae differences as stated below: Private company Have minimum atleast 1 member and maximum upto 50 whereas public company have minimum of 1 member and maximum no limit. Private company is not listed on stock exchanges whereas public company can be unlisted or listed. Private company can hold shares in listed companies whereas public company can own Pty Ltd companies. Private companies can make an offer of shares to existing shareholders or employees or subsidiary of companies whereas Public listed or unlisted companies can raise fund by way of prospectus. ASIC regulates private companies and public companies irrespective of their listing on stock exchange. If public companies are listed then they are regulated by ASIC and APRA but if unlisted then they are also be regulated by ASX. In private company, majority are registered as ASIC says that there were 2,223,022 private companies out of which 99% are registered whereas in Public Company majority are registered as ASIC says that there were 22,342 public companies of which 1% of all are registered companies[6]. Partnership Act Section 1 of the Act states that in order to form a partnership it should contain three elements that are: To carry a business Commonly To earn profit If anyone of the following elements are missing then partnership will not take place. Partnerships are non- registered but their business name must be registered if business partners decide not the do business in their own name. The liability of partners is unlimited. Agreements between the partners will protect their relationship with one another and will not put any impact on third party[7]. Whereas a Joint Venture is established between 2 or more person and organizations for completing a specific project by entering into a legally binding agreement which is enforced like a contract[8]. They may be incorporated or corporate. But are not recognized as separate legal entity. As Contract is a agreement which can be either verbal or written. Although, if a contract is written it will be relied and taken into consideration in a better manner and low risk involved as it is taken on paper and is not dependent upon the words spoken by other person. There may be a different and customized contract being created by the owner of a business with simple and legal language which is understood by other. There are many clauses which are to be included in a contract some of which are: Names, signatures and other business or the parties Mode of payments Confidential information Procedure for dispute settlement etc so it should be read carefully[9]. Also as per section 6 of the act, some rules are to be referred by a individual in order to get involved as a partner in a firm[10]. Duties and responsibilities have been covered under some rules which are set out in state based laws. They include a rule generally applicable that all the partners share profits and capital money of the business and contribute losses also in the same manner[11] Part III (Recommendations) Therefore it is highly recommended that as she was engaged in sole properitorship business which she was doing at home and now she wants to expand her business outside for which she wants to go for opening up of a company as she had less funds to invest and more to get in future. As companies are regulated by ASIC and this is how the rules are being implemented in the right manner to get the companies established by obtaining a no. which every company have its own. So it is upto the client what she wishes to obtain but there is an option which can be adopted either to go for partnership or Joint venture as less finances are there with you and you have to establish your business outside in market where already so many competitors are prevailing. So you can go for a partner who have the knowledge of the market and he will guide you and help you in a better manner as he knows the in and out. You should have a research over the market and see who can be a partner to your business But it is suggested that she can go for a partnership business so that her burden of work can be divided and more people are engaged in order to help her by which more people get connected to her business. A valid and enforceable contract should be done between the two on which both the parties are agreed and it is upto you that what all conditions you put and what al are accepted by the other party. So it is not compulsory that the said contract be done only. And the contract should be made in writing and within which the clauses can be mentioned carefully by taking into consideration the view points of both parties. References: (Corporation Act, 2001) AustLII, Commonwealth Consolidated Act, (n.d.), https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s1.5.3.html. Australian Capital Territory, Partnership Act, (1963), 2015sydney.edu.au/lec/subjects/associations/notes/Summer%202010-11/Topic%203%20-%20Partnership.doc partnership act in aus. Australian Government Business, Business structures and types, 2016https://www.business.gov.au/Info/Plan-and-Start/Start-your-business/Business-structure/Business-structures-and-types. Australian Government, What do I include in a contract?, (2016),https://www.business.gov.au/info/plan-and-start/start-your-business/independent-contractors/understanding-contracts/what-do-i-include-in-a-contract. Australian Securities Investments Commission, Starting a company - How to start a company (27th July 2016) https://asic.gov.au/for-business/starting-a-company/how-to-start-a-company/. Governance Institute of Australia Governance Foundation, Difference between private and public company structure under Corporations Act, (n.d.)https://www.governanceinstitute.com.au/media/839958/difference-between-private-and-public-company-structure-under-the-corporations-act_2015.pdf Not-For-Profit Law, Joint Ventures and Partnerships, (n.d.) https://www.nfplaw.org.au/partnerships. Studential Ltd, Why start a business (2016),https://www.studential.com/enterprise/business-start-ups/why-start-a-business. SWAAB, Business essentials, (2014) https://www.swaab.com.au/expertise/corporate/starting-up-a-business/. Taylor, N.F, How to Start a Business: A Step-by-Step Guide, Business News Daily Small Business Solutions inspiration(2016) https://www.businessnewsdaily.com/4686-how-to-start-a-business.html.