Law Essay Example | Topics and Well Written Essays - 2000 words - 2

Law - Essay Example Throughout, the law treated the threat of physical injury as assault while battery was considered the complete contact to cause harm. This version of the distinction is no longer valid as compared to the physical contact hence null and void. For Hilder to be taken to the hospital after being hit by the husband with a chair leg by the husband Billy is a clear example of Assault or battery to mention. The act is worsened when Billy further exposes their violent acts to the public through putting a slap on the face of the nurse, which prompts the calling of the police to arrest Hilder’s husband. The arrest of Billy for assault is much in pace and if prosecuted would be liable because there is the medical evidence of physical injury and as well the two children aged five and eight also could act as witnesses to the aggravated violence case. This is because assault or battery are an example of the widely known criminal offenses given that their occurrence vividly brings to the mind s of the victims scenes of fight or violence in line of the aggravated acts (Brannigan 2012). Legally the two terms or concepts are quite distinct and hence their punishments are quite different with the determination of battery attracting vast penalty as compared to whether it is simply an assault. In their determination and proof against or for the parties concerned in the argument, have to clearly breakdown the concepts into their respective elements. In handling of this case we will look at the case clearly while even defining all the defenses available for the accuse persons and the look at the penalties to be faced in the cases of the sentences by the respective offenders (Gore 2007). The act by Billy on the wife Hilder will amount to assault due to the mere fact that the definition of assault and battery is nowadays not factually differentiated. Otherwise, the factual definition of assault as it remains in the other states is that the conviction for assault will still need th e existence of the criminal act since an assault will require a direct act to put another individual to a reasonable fear. This therefore dispels the notion of spoken words alone being considered assault not until the offender backs them up with relevant actions that make the recipient in a position of foreseeing imminent danger (Reddington & Kreisel 2005). For a person to be considered to have committed an assault the individual only needs to have shown the general intents, Billy though has gone further to hit both his wife and the nurse intensely injuring the wife after he pretends to be going to see the wife in the hospital which is the most unlikely case they would witness. It means that someone can hardly assault another person accidentally but they have to act in a manner likely to amount to a cause of terror to the offenders. Therefore, if an individual acts in a way that's considered dangerous to other people that can be enough to support assault charges, even if they didn't intend a particular harm to a particular individual which will be in the intention to scare or frighten the

Management and Organisational Behaviour Essay Example | Topics and Well Written Essays - 2500 words - 2

Management and Organisational Behaviour - Essay Example These are the guidelines that every organization in today’s era aims to establish in order to be successful. Motivation is the thing that gets people to work and perform better. It is the driving force for the employees. However, it is important to note that different people have different motivators in different stages of life. As highlighted by Maslow’s Hierarchy of Needs, there are five broad categories that might act as motivators for different people. These are Physiological Needs, Security Needs, Social Needs, Esteem Needs, and on top of the pinnacle lies the Self Actualization Need. Depending on the level an individual is, these needs act as motivators for him or her, result in satisfaction and consequently effects his or her performance. (Wagner, n.d.) Motivation will have almost no effect if the person involved has no intentions or is unable to do a job. Therefore, it is very important for the person who is in the managing or the leadership position to allocate the tasks depending on the person and the skills that he or she has. Proper execution of this is so important that if an employee is made to work on a particular task that he is unwilling or unable to do, then, even with motivators in place, it might back fire and result in depression and low morale. This would consequently lead to low overall performance. (Marques, n.d.) There has been a prevailing mindset in the managers that eliminating job dissatisfaction would result in job satisfaction for the employees. But this is not the case. As pointed out by the theorist Frederick Herzberg, job satisfaction and job dissatisfaction depend on different factors. (Herzberg, et al., 2009) Herzberg in his motivation theories highlights that job dissatisfaction is caused by factors such as unpleasant working conditions, poor or biased supervision, low salaries, improper policies, and so on. Eliminating these might remove job dissatisfaction