Tuesday, December 24, 2019

Negative Effects Of Divorce On Children - 1072 Words

What are the Negative Effects of Divorce on Children When I was five years old I was forced to make a choice. This was a choice many children should not have to make and can never really be prepared for. My parents were getting a divorce and they decided it was in my best interests to give me the option to live with whomever I chose. It was a burden that to this day affects my relationship with one of my parents. Ultimately, I chose to live with my mother and from then on, my father would barely be a part of my life. I often wonder would I have been better off in life had my parents decided to stay together and not divorce each other. This lead me to find out whether there are negative effects of divorce on children. I first started†¦show more content†¦At first glance, this made a lot of sense to me. Unfortunately, this argument assumes that if the parents were still married they would be arguing all the time. If they were still married wouldn’t they have found a way to resolve their differences or arguments? Or at the very least the parents would have been able to communicate effectively enough with each other to accomplish resolution. I decided to dismiss the positive effects arguments because I of the lack of evidential support. Now I am back to focusing on the negative effects. Children often blame or feel hate toward the parent that left, which is usually the father (Arreola et al., n.d.). I tend to agree with this argument wholeheartedly, because these feelings were experienced by myself. I am not sure the paper did an adequate job supporting this argument; it simply stated this and did not give any evidence to support it. However, through personal experiences of mine, it gave it credence. The next negative effect was that children of parents who divorced often experienced commitment issues, problems developing and tended to lead solitary lifestyles (Arreola et al., n.d.). This argument again lacking any support could be considered weak. This paper at this point, seemed to be throwing statements around without a lot of evidence to support them. The statement is convincing and even believable but hard to completely be on board with it without something to back it up. After I finishedShow MoreRelatedThe Negative Effect of Divorce on Children Essay941 Words   |  4 PagesThe Negative Effect of Divorce on Children Divorce has a negative effect on the psychological and social aspects of our children, which may appear instantly or not come to the surface for years. This is why I think that divorce should only be a last resort and not rushed into even by couples with the most troubled marriages. The only acceptable reason for someone rushing into divorce is if they or their children are in danger. I believe that marriage is a commitment not to be taken lightly andRead MoreNegative Effects of Divorce on Children Essay889 Words   |  4 PagesNegative Effects of Divorce on Children Divorce has a strong negative effect on children. The children are brought into the family and then ripped out of what they know is right or of their norms. James M. Henslin defines the family as being two or more people who consider themselves related by blood, marriage, or adoption (445). When married you are instantaneously put into a family. When two people decide to get a divorce, their children do not wholly understand what is going on. RegardlessRead More The Negative Effects of Divorce on Children Essay1528 Words   |  7 PagesThe Negative Effects of Divorce on Children So many persons think divorce a panacea for every ill, find out, when they try it, that the remedy is worse than the disease (Qtd in Harper 192). Divorce, in any circumstance, rips a child apart, tossing him/her from one house to another, limiting time spent with his/her parents, and confusing him/her. There are very few reasons that would prove to be more beneficial for the parent to leave than to stay and endure his/her marriage. Usually it isRead MoreDivorces Have Negative Effects on Children Essay1050 Words   |  5 Pages In our nation divorce is a big part of life. Divorce is the legal dissolution of marriage or the termination of an existing relationship or union. Divorce starts with two adults but always ends up impacting the children in the biggest way. Sons and daughters of divorce often feel confused and abandoned, lose their family structure, and experience identity crisis. Many parents never bother to think of how divorce will affect their children. Children are impacted by divorce in multiple ways.Read MoreHow Does Divorce Create Long Term Negative Effects For Children? Essay1953 Words   |  8 PagesDivorce is one of many controversial subjects in family and human development research. What inspired me to critically analyze the article â€Å"Does Divorce Create Long-Term Negative Effects for Children?† is the challenge it would be for me to put my bias aside considering I am from a divorced home. After reading the article and analyzing it over and over, I can’t help but think that the writer answering â€Å"YES† to this controversial question overlooked many variables and over generalized his findingsRead Morethe effects of divorce on children and adolescents Essay example1035 Words   |  5 Pagesï » ¿The effects of Divorce on Children and adolescents Divorce or the parent separation is a major life change for the children and can lead to dreadful consequences. Divorce affects children and adolescents negatively, from different aspects resulting from the change in their family and the multiple stressors that they are facing. The Psychological, educational, emotional and social effects of divorce can be really devastating for both parent and children. Children andRead MoreChildren of Divorce Essay655 Words   |  3 Pages Summary Assignment Terrill Ray DeVry University ENGL 135 Summary Prewriting Theme: Family Topic: Children of Divorce Title: Consequences of parental divorce for child development. Hyun Sik Kim is likely against too much government influence on schools and feels that government control is detrimental. Intended audience: The American Sociological Review (ASR) publishes original (not previously published) works of interest to the discipline in general, new theoretical developments, results of qualitativeRead MoreThe Effects Of Divorce On Child Development1194 Words   |  5 PagesThe Effects of Divorce on Child Development I met the love of my life in my financial accounting class. He was charming, and intelligent, and he carried himself well. Early into our relationship I realized underneath this assuring exterior, was a broken, unstable man. He had issues with trust, and he always took many health risks. He explained to me how hard it was for him to attach himself to people because he figured they would leave anyways. Nothing is forever. he seemed to believe. On topRead MoreHow Divorce Has Changed Changing Society1491 Words   |  6 Pagesanalyze correlation, causation, and effect. One topic that has benefited from the use of statistics to measure its effects is divorce. Divorce is defined as the legal process of dissolving a marriage, thus separating two individuals (Merriam). From generation to generation, divorce has been on a steady increase. The annual rate of divorce more than doubled between the mid-1960s and the early 1980s (Croteau). As of recent, statistics show an increase in divorce ra tes from less than 20% to nearly 50%Read MoreEssay about The Effects of Divorce in American Culture1719 Words   |  7 PagesThe effects of divorce on the American culture are immense. Social scientists have been studying these effects for many years now. The studies are continuing to confirm that the climbing rate of divorce in the American culture is hurting the society and also frequently devastating the lives of many American children. More often than not people decide to get a divorce before they really think about the effects of divorce. People usually decide to get a divorce based on emotion rather than logic which

Sunday, December 15, 2019

Stereotype and Prejudice Marjorie Free Essays

Title: Prejudice Prejudice Marjorie W. Davis PSY/285 February 28, 2012 Michael Ford Abstract Our discussion is about how does society confirm prejudicial attitudes? How does ones social identity contribute to prejudice? How do emotions encourage prejudicial attitudes? What cognitive processes influence prejudice? Our text has explained competition; competition is an important source of frustration that can fuel prejudice. When two groups compete for jobs, housing, or social prestige, one group’s goal fulfillment can become the other group’s frustration. We will write a custom essay sample on Stereotype and Prejudice Marjorie or any similar topic only for you Order Now Prejudice Society confirms prejudice by what you possess and how much money you have. If you are not in a certain bracket such as (high class or middle class), you are considered poor. Prejudice helps justify the economic and social superiority of those who have wealth and power. Of course they will not give a chance at credit to buy a house, car, or start a business. Society, also confirm prejudice by the way you dress or the car you drive. Society confirms prejudicial attitude by focusing on personal individuality and Independence, as opposed to becoming a team with neighbors and friends. I am so glad that God looks at the heart and man looks at the outer appearance. One’s social identity contributes base on a realization of limited environmental control. The more you believe that you can impact your environment or social status, the less roll social identity plays Emotions really affect prejudicial attitudes because most of the time people make decisions based on their emotions. Emotions of fear and sadness or joy and gladness, which can cause you to project feelings in a hurtful way, rather than in a helpful manner Cognitive process influence prejudice through stereotyping, which cause prejudice. This can be a result of the normal ways in which we simplify and organize the world. Stereotypes are the social scripts we have in our heads about others and the roles we believe they should play in our socially constructed world. It is important to have the understanding of the basic concepts of prejudice and racism, and how to lessen their destructive effect (Rosado,  1995-2012). Reference Rosado, C. (1995-2012). Critical Multicultral Pavilion Research Room. Retrieved from http://www. edchange,org/multicultral/papers/caleb/racism. html How to cite Stereotype and Prejudice Marjorie, Essay examples

Saturday, December 7, 2019

Corporation Law in Australia

Question 1: Cotton Limited holds 89.5% of the shares in Satin Co Limited. The remaining shares are held by Silk and several other small investors. The Board of Satin wants the company to become a wholly owned subsidiary of Cotton Limited as they expect this will result in both taxation benefits and a saving on accounting fees and administration charges of about $230,000. Cotton Limited offers to buy the shares held by Silk and other minority members but they refuse. Arrangements are made to hold a members meeting to pass a resolution changing the constitution of Satin by inserting a new clause 53 any member entitled to 80% or more of the issued shares may compulsorily acquire all the remaining shares. Silk and other minority members receive written notice of the company meeting together with a proxy form and a valuation certificate stating the shares were worth $2.50 each. Although the offer is fair Silk does not want to sell her shares and wants to start legal action to prevent the proposed alt eration to the constitution. Discuss whether she may succeed in her action. Would your answer be different if the real reason for compulsorily acquiring the shares from Silk was that she discovered operating a business in competition with Satin Co and was using information gained as a member to take away some of Satins business? Answer 2: The Constitution of the company and the replaceable rules applying to such a company are considered as a contract that exists between the company and its members as well as a contract present between the company and its directors and the company secretary. At the same time, the Constitution of the company can also be considered as a contract existing between a member of the company and all other members. According to this contract, each person agreed to abide by as well as perform in accordance with the Constitution of the company and the replaceable rules that apply in such a case. As a result, from the very beginning, a shareholder agreement is present between all the shareholders related with the matters that have been mentioned in the Constitution of the company and also regarding the replaceable rules applying to the company. In this way, any modification or displacement results in a contractual variation and as a result, the shareholders can sue for any breach of contract by th e company or by other shareholders. The shareholder agreement can be resorted to in order to do several things. However the most common things are the maintenance of status quo (balance of power), maintaining the particular structure, dealing with succession issues, providing compulsory acquisition of shares in some cases and trying to clarify the role of management as compared to the shareholders. Generally, it has been seen that almost at all levels of authority, the rule which prevails is the role of majority therefore, the main purpose of shareholder agreement is to prevent any excesses that may be committed by the majority. Shareholder agreements have been accepted by the courts as being facilitators of small groups of investors in helping to avoid the consequences of the general principle of the majority rule. The meaning of the term, controlling majority is that the majority members, who generally comprise the majority shareholders or the persons having the ability to control the company by voting rights. As a result, these members are known as the controlling members. However, it is the duty of the controlling members to consider the interests of the minority members of the company as well. For example, the Court has stated in Allen v Gold Reefs of West Africa Ltd.that the power to alter company's Constitution can be exercised by the majority members in the general meeting only for the benefit of the whole company and also by considering the interests of the minority shareholders also. On the other hand, the court adopted somewhat different approach Gambotto v W.C.P. Ltd.when it was stated by the cou rt that the Constitution of the company can be altered by the members who are in majority however it is required that these alterations it should not be oppressive nature or should not go beyond the contemplative purpose of powers that have been defined in the company's Constitution. Another significant example that can be used to explain the basic concept of the rights of the minority shareholders is the case titled Cook v Deek. This case explains the remedies that are available to the minority shareholders if the directors of the company have breached their fiduciary duties and if the directors have diverted a corporate opportunity towards themselves or their associates. There is a common law duty of the controlling members towards the minority members and that was established by the court in Allen v Gold Reefs of West Africa (1900). As a result, while passing resolutions in the general meetings, certain fiduciary duties are owed by the majority members towards the minority members. In this regard, it is required that the majority members should exercise their powers bona fide and for the benefit of the whole of the company which includes all the members of the company. On the other hand if the personal rights of the members of the company are infringed, such members can take action under the common law as well as under the Constitution of the company and the replaceable rules that apply to the company. At the same time, such members can also take action under the Corporations Act, 2001 (Cth) and any separate contract that may be present between the members and the company. When an attempt is made to ask an ordinary resolution in the general meeting, where it is required by the Constitution of the company or by the Corporations Act that the passing of a special resolution may result in a procedural irregularity and therefore, it can be considered as invalid if it has caused substantial injustice. On the basis of the above mentioned discussion, it can be set in the present case that an attempt is being made by the majority to amend the Constitution of the company by inserting a new clause that provides a power to the member who controls 80% or more shares of the company to acquire compulsorily all the other shares of the company. In this way, if Silk and other minority members of the company can establish that the action taken by Cotton Limited is not bona fide and it amounts to oppressive conduct, Silk and other minority members of the company can take action under the Corporations Act as well as under the common law. These members can succeed in the action if they are able to establish that the action taken by the majority is oppressive for them. Question 2: Polyester is a director of Style Pty. Limited involved in making womens clothing. Has she breached any duties under the Corporation Act in the following situations? Situation 1. She arranges with the companys bank to transfer an amount of $65,000 from the company account into a personal bank account held by her in her own name. She uses the funds to finalise some outstanding personal debts. Situation 2. As a director she receives information that the company is in a serious financial position. She arranges to transfer a larger amount of the assets of the company over a new proprietary company that she formed with the intention of caring on the same business. Situation 3. Contrary to a resolution of the Board and notwithstanding established business practice that limits credit to $20,000 she allows a trade debtor (who has a history of bad debts) to exceed its credit limits by $25,000. The debtor fails to pay the outstanding amount of $45,000. Can she rely on the business judgment rule in this situation? Answer 2: Situation A: it appears in the present case that several fiduciary duties have been breached by Polyester. These duties included the duty to avoid conflict of interest, duty not to make secret profit and the duty of the director of the company not to seek personal benefits. At the same time, it can also be said that Polyester has acted for an improper purpose because she was motivated by the desire to derive personal benefit and at the same time, cause a detriment to the company. In this regard, the law provides that the directors of companies should not use the property of the company for their personal gain. Whenever the property of the company is used by a director for personal use without the permission of the company, the fiduciary duty of the director is breached. It needs to be noted at this point that for the purpose of this rule, the trade secrets as well as the intellectual property of the company are included in the term property. At the same time, the directors of the com panies have also been restrained from making secret profits. In this regard sections 181, 182 and 183 of the Corporations Act prescribed statutory provisions that are equivalent to the fiduciary duties of the directors to act in good faith, for a proper purpose and in the best interests of the company and at the same time to avoid conflict of interest and make no secret profits. Situation B: all the directors of companies are required to act in good faith and in the interests of the company. Similarly, the directors should take for proper purpose and at the same time avoid any conflicts of interest. Similarly, the directors should use discretion while performing the business of the company. Like the partners, trustees and agents, the directors of the company also owe fiduciary duties towards the person who can be easily harmed and is vulnerable.In the same way, it is also the fiduciary duty of the directors of companies not to make a secret profit and act for proper purpose. On the other hand, in the present situation, this city has been violated by Polyester when a large number of assets of the company were transferred by her when the company was facing financial difficulties. She transferred these assets to a new proprietary company that was owned by Polyester and as a result, it can be said that she had breached her duties as the director of the company. Situation C: The duty to act with care and diligence while performing companies business has also been imposed on the directors. The basic test that can be used in such a case was provided by the court in City Equitable Fire Insurance Co Ltd. Therefore, the court stated in this case that the directors of the company are required to exercise the degree of skill and diligence that amounts to reasonable care that can be expected from any ordinary person under same circumstances if the business was owned by such a person. However in this regard, it needs to be noted that the test provided in this case was only a subjective test added to relied on the individual knowledge, skill and experience of the directors. As a result, an objective test was introduced by the Corporations Act, 2001. In the same way, the more the duty of care and diligence of the directors of the companies has undergone a change made the change that took place in the expectations of corporate responsibility. For exampl e, in the present case, Polyester had acted against the resolution of the board as well as contrary to the established business practice when she allowed the debtor to exceed the credit limit by $25,000. At the same time, Polyester cannot rely on the business judgment rule as provided by the Corporations Act, 2001 in section 180(2) as a defense that is available to the officers of the company if they are complying with their duties mentioned in section 180(1) in case the below mentioned conditions are satisfied. Therefore, it is required that the business judgment should have been made in good faith and for proper purpose. It is also require that the officer should not have any material personal interest in it. Similarly the officer is also required to inform himself or herself regarding the subject matter as well as it is also required that they should rationally believe that their judgment is in the best interests of the company. Due to the reason that these conditions were not satisfied in the present case, Polyester cannot rely on the business judgment rule. References Cassidy J, (2000) Divergence of Duty of Care in United States and Australia 28 Australian Business Law Review 180 Goldman D, (2005) Directors Beware! Creditor protection from insolvent trading 23 Company and Securities Law Journal 216 Kirby J, (2004) The History and Development of the Conflict and Profit Rules in Corporate Law A Review 22 Company and Securities Law Journal 259 Sivehla J, (2006) Directors Fiduciary Duties 27 Australian Bar Review 192 Case Law Allen v Gold Reefs of West Africa Ltd (1900) 1 Ch 656 City Equitable Fire Insurance Co Ltd [1925] Ch 407 Cook v Deek (1916) AC 554 Gambotto v WCP Ltd (1995) 13 ACLC 342