Operating Systems Essays

Operating Systems Essays Operating Systems Essay Operating Systems Essay Now how many people know the importance of having an operating system for their computers? Well to put it briefly, without one you would be switching on your computer to communicate with a blank screen. The operating system acts like a translator between the user and the hardware and vice versa. It converts computer binary code into information we would understand, and every time we input data like pressing keys the data we see as letters is entered as codes the computer will understand. There is 2 types of software, the O/S(operating system) and application software. The application software is designed to perform multiple or specific tasks for the user. It comes in all sorts of forms from games too Microsoft office. In order to run the application software you need an O/S. like mentioned above its the translator between the user and hardware. So if you want to instruct the hardware to do something from the application software, it will go through the O/S which will then make te hardware perform the task. Here is 4 of some the most popular O/Ss in use:- 1.Windows: this is most used O/S world wide, it has a graphical user interface hence very user friendly. The O/S has its own help it offers new users which is very useful. This O/S is quite expensive compared to others. But one of the main reasons is because of its popularity, use worldwide, and demand. 2.Macintosh: this O/S also has a GUI (graphical user interface) but is faraway from being as popular as windows. Therefore you would expect this O/S to be cheaper. Although it may as good as Windows it lacks popularity hence it would take a long time before people decided to switch to it over Windows. 3.UNIX: this O/S is designed or more technical users and programmers. It is gaining popularity but it is not very user friendly for new users. That might hamper its popularity growing. Another problem with this O/S is that there are 3 different versions which are not compatible with each other. Hence when software is written for one of the types, it wont work with the other 2 unless the code is rewritten for each. Unix is also popular for large networks in business among other organisations. 4.Linux: this program is gaining popularity for several reasons. First of all its probably one of the very few free O/Ss. It also can have its code altered by the user to suit his/her desires. But thats Linux downfall, it is designed by programmers for programmers, hence not very user friendly. As you can see all the programs have points in different areas. Now it up to you to choose which one is right for you. Here is a table comparing the 4 O/Ss.

The United States Constitution

The United States Constitution Introduction The United States’ constitution has stood the test of time since its adoption in late 18th century. During 17th century, Americans were under colonial rule that denied them rights and powers to govern themselves. Then, Americans fought for their independence gradually by demanding their recognition and inclusion into the colonial government that had oppressed for quite some time.Advertising We will write a custom assessment sample on The United States Constitution specifically for you for only $16.05 $11/page Learn More Colonialists flooded the US in early 17th century from various parts of the world, majorly Europe because they were escaping religious persecution and in search of expansive land for agriculture. Under oppression, Americans made several initiatives in a bid to emancipate themselves and these initiatives culminated into independence in 1776. According to Garrett, in 1765, 13 colonies met to discuss the violation of fundamen tal rights and in 1774 and 1775, first and second continental congress respectively resolved to have independence (12). In 1776, the United States got its independence and adopted a new constitution in 1787. This constitution has become the legal basis for the present government. Despite the fact that the formulation of the United States’ constitution dates back to more than 230 years ago, it is still remarkably viable in the modern government. The preamble of the United States’ constitution envisages a perfect union of diverse states based on common defence, liberty, justice and tranquillity. Even though the preamble dates back to more than two centuries ago, it formed the basis of federal form of government that still exists today. American government has a federal model of government that other countries are trying to emulate for it is a perfect union of diverse states. Garrett argues that the United States’ constitution has stood the test of time because it established federal government as it exists currently (19). The existence of the federal government reflects viability of the United States’ constitution in modern governance. Therefore, current union of states has its basis in the United States’ constitution, which envisaged perfect union and how federal government functions and relates with central government. The United States constitution is still viable in modern governance because it has an elastic clause that makes it flexible and adaptive to modern changes, which are consistent with new forms of governance. According to Section 8 of Article I, Congress has powers to make necessary amendments that are essential and consistent with the United States’ constitution.Advertising Looking for assessment on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More The United States’ constitution is a legal framework that anchors several amendment s and provisions in view of evolving legal issues of governance in the modern world. Wedes argues that, the elastic clause is particularly relevant to modern governance because it does not only give power to Congress to conduct necessary and appropriate amendments, but also ensures that the constitution is in tandem with dynamic needs of governance (p.1). For instance, Congress has made several amendments in modes of taxation, regulation of commerce and security issues with regard to terrorism. Thus, elastic clause has made the United States constitution remain viable and reliable in current governance. Moreover, the amendment process of the United States’ constitution is decidedly stringent to protect it from undue mutilation and changes that would make it lose its viability over time. The United States’ constitution has the first ten amendments that form basis of human rights, which are inalienable. From independence, the first ten amendments have remained and are tr uly viable as they are provisions that stipulate inherent and immutable rights of every citizen in America. For instance, the first amendment to the United States’ constitution provides and guarantees freedom of expression, religion, association and petition. The first amendment assured Americans that the federal government will protect and secure their rights for posterity. In addition, Garlinger states that, the fourteenth amendment to the United States’ constitution forbids any state from making or enforcing any law that restrict the privileges or deprive life, liberty and property (p.32). Hence, in spite of numerous attempts to amend the constitution, the amendments to United States’ constitution are central to human rights and have become the cornerstone in advocacy of human rights, thus still viable in the present government. Supreme Court of the United States also has powers to review the constitutionality of statutes, amendments and treaties that congres s makes to guarantee their consistency with the constitution. According to Prakash and Yoo, Marbury v. Madison (1803), did set a precedent, which gave powers to Supreme Court to review the constitutionality of congressional statutes and amendments (890). Currently, Supreme Court still has powers to review and determine the constitutionality of statutes and amendments of the Congress. Thus, Supreme Court has a considerable role in ensuring that the United States’ constitution remains viable and consistent across all ages except few amendments that enhance its application in modern governance.Advertising We will write a custom assessment sample on The United States Constitution specifically for you for only $16.05 $11/page Learn More Conclusion Although the United States’ constitution is over 200 years old, it is still highly relevant in modern society. The constitution provides a legal framework, which anchors several provisions and amendments that occur over a period. The legal framework of the United States constitution has relatively remained constant for over 200 years, and is still relevant and viable because it is flexible in adopting new judicial and governing reforms. It is quite evident that the United States’ constitution been stable for a long period because of federal form of government, elastic clause, stringent amendment process and judicial review, all of which attest its viability and relevance in the modern United States. Garlinger, Paul. â€Å"United States Constitution: The Amendments.† New York University  Law Review 2.4 (2009): 30-34. Garrett, Sandy. United States History, Constitution and Government. New York: Harcourt Publisher, 2005. Prakash, Saikrishna, and Yoo, John. â€Å"The Origins of Judicial Review.† Chicago Law  Review, 2003: 887-933. Wedes, Samuel. â€Å"A Living Constitution, the United States Constitution: Does It Stand The Test of Time?† Government, 2006 : 1-33.

Law for Business Case Study Example | Topics and Well Written Essays - 1250 words

Law for Business - Case Study Example Finally in respect of creditors of the company the court held the no duty was owed to them. The approach had been criticized by many and had been thought to be unjustified as it was thought that reliance would be placed on the accounts of the company which is indeed due to the auditors’ manuals and other material. However, in favour of the decision a few other points for such a decision are the floodgates argument; the lack of proximity between an auditor and an investor also leads to the conclusion that no claim lies against the auditors; and the placing of undue burden on the auditors and therefore duty is only limited to the company.. (Deakin et al 2008) Another important aspect that was considered in the decision of Caparo for accountants liability as well the standard duty of care requirement was the fact that the three tier test was required to be satisfied so as establish a duty of care. This test was a reformed test for negligence.The first requirement for the establis hment of duty of care was that it must be reasonably foreseeable that the conduct of defendant would cause damage to the claimant. Secondly, there must be sufficient proximity between the parties and finally ‘the situation must be one in which the court considers it fair, just and reasonable the law should impose a duty of care of a given scope on the one party for the benefir of the other’. (Elliott et al 2007) Another important aspect that had been considered by the House of Lords have held in La Banque Financiere de la Cite v Westgate Insurance Co Ltd was that if there had been an omission to speak it would not lead to construing of liability. A further important authority in respect of negligent misstatement is that of Hedley Byrne v. Heller2 wherein it was construed by the courts that there was no negligent misstatement on the basis that the facts portrayed that there had been disclaimer within the remarks that is the use of the term without responsibility which le d to the possibility of a duty of care to be extinguished. There had been a controversial decision of Royal Bank of Scotland plc v Bannerman Johnstone Maclay, wherein the absence of the disclaimer of liability was considered to be pivotal so as to establish a duty of care and holding the auditors liable. The facts of the case were that BJM were auditors of APC Ltd and RBS was the principal lender of APC Ltd and due to such lending RBS had an equity interest in APC. One of the requirement of RBS in their facility letters was the provision of audited financial statements by APC to RBS within six months of the end of financial year. Such copies were provided to RBS so as to assist them for lending decision. Subsequently RBS bought an action against BJM for the losses that were suffered by RBS as a result of reliance on such audit accounts which had inaccuracies. There was an application made by BJM to strike out the claim as there was no duty of care owed to RBS. It was decided by the court as a preliminary issues that what had been pleaded by RBS was sufficient to lead to a duty of care. Thus it was found that even though there was no direct contact between the parties BJM could have disclaimed liability when it came to know that RBS would be seeing the audited accounts for lending decisions. Thus the important reason was the absence of th