Wednesday, May 6, 2020

Corporation Law Second Strike

Question: Discuss about theCorporation Law for Second Strike. Answer: Introduction The directors of the company have total powers to control the overall functioning of the company. However their powers have been limited by provisions of both statutory and common law in Australia[1]. This purpose of this paper is to analyze the powers and limitations of directors in relation to bonus shares and dividends. As the shareholders have been given a say by law towards the management of the company the directors try to please them with dividends and benefits which might not be beneficial for the company in order to attain personal interest. The remuneration of the directors can only be allowed if the report is approved by the shareholders. In the provided scenario it has been seen that the directors of Waldmart Ltd have taken the initiative to issue dividends and bonus shares to the shareholders after the first remuneration report has been rejected by them. The purpose of this paper is discuss the validity of such issues by the directors and on what grounds such issue can b e challenged by the shareholders. The paper also discusses the consequences which the board of Waldmart has to face in case the subsequent remuneration report is rejected causing a Second strike. This Section of the paper would analyze the validity of the issued bonus shares by directors and the grounds on which the issue can be challenged. Rules Share capital is usually paid, however the directors have the right to issue shares free of cost to the existing shareholders of the company if they think it is appropriate to do so. The shares which do not alter the capital of the company and against which no consideration is received are known as bonus shares. The provisions related to the issue of bonus shares by the directors are governed by both common law and statutory provisions. Section 124 of the CA provides exclusive powers to the directors of the company to issue shares. The power to issue bonus shares to the shareholders has been provided to the directors through Section 254A(1)(a) of the CA as per Section 124. Note 3 of the Section further provides that the directors do not need to show that the share capital of the company has increased in order to be able to issue bonus shares[2]. Bonus shares can only be issued out of profits and not for any other reason by the directors. The directors may be challenged legally if they issue bonus shares for reasons other than profits. When issuing bonus shares the directors need to assure that they do not indulge in any kind of insolvent trading. Directors can also be liable under directors duties if they fail to prioritize the companys interest over their personal interest[3]. The shareholders of the company have the right to legally challenge the decisions of the directors if they believe that the directors are not working in favor of the company. They have the right to exercise their powers by passing resolutions during general meetings[4]. The resolution must be validated by the shareholders by ensuring the presence of specified number of members. A resolution can be passed with more than 50% of the total votes and a special resolution can be passed with 75% of the total votes[5]. Application The directors of Waldmart have declared to issues bonus shares just after their initial remuneration report have been rejected by the shareholders. According to the shareholders the financial condition of the company may be affected if the bonus shares are issued by the directors. The shareholders believe that the issue of bonus shares is one of the most unnecessary steps during financially unstable times. In this case the directors of the company do not have the right to issue bonus shares in order to fulfill their own interest. Further the only motive behind the issue of the bonus shares in this case is to make the shareholders approve the subsequent remuneration report by the directors. Thus the shareholders not only have the right to go up against the judgment of the directors during the AGM but also they have the authority to bring proceedings against the directors for taking such an unwise decision. This Section of the paper would analyze the validity of the increased Dividends by directors of Waldmart and the grounds on which the increase in dividends can be challenged. Rules The directors of the company have ultimate power to decide the issue of dividends. It has been provided by Section 254U of the CA that dividends can be issued at the discretion of directors. The court ruled in the case of Burland v Earle [1902] AC 83 the court will not interfere with the powers of the directors in relation to the issue of dividends until there is fraud by them[6]. The court held in the case of Miles v Sydney Meat Preserving Company [1912] 12 NSWLR 98 that directors of the company are not allowed to increase or issue debentures against the interest of the company[7]. In the case of Sandford V Sandford Courier Service P/L [1989] 5 ACLR it was provided by the court that only when the company has been able to show excess profits can the directors of the company increase or issues dividends[8]. Section 254 T of the CA further provides that the directors will only be allowed to declare or increase dividends when they can show that the total assets of the company are more t hat its total liabilities[9]. The directors also need to prove that the dividends are reasonable and fair in relation to the shareholders of the company overall. One of the most important provisions provided by this Section is that the company does not suffer any damage to its position of paying its liability due to the issue or increase in dividends. Section 254s further provides that in case the divides make the company insolvent the directors of the company would be liable under Section 588G for insolvent trading. In the case of Re Spanish Prospecting Co Ltd [1911] 1 Ch 92 the court provided that dividends are entitled to be issued if the company makes profits[10]. Section 256 of the CA makes the directors liable if the dividends are paid for reasons other than profits. Application The directors of Waldmart have declared to increase dividends just after their initial remuneration report have been rejected by the shareholders. As discussed above the directors of Waldmart have discretionary powers to increase and issue dividends. However according to the cases and provisions discussed above they would only be able to increase of issue dividends in case Waldmart has earned excess profit. In this case there is no sign that the company has made excess profits. Further the only motive behind the increase in dividends in this case is to make the shareholders approve the subsequent remuneration report by the directors. The financial conditions of the market are not stable and the issue of dividends can also make the company insolvent. As ruled in the case of Re Spanish Prospecting Co Ltd the directors can directly be held liable for the issue of debentures without being able to show profits if the company faces looses because of such issues. The directors of Waldmart c an also be held liable under the provisions of Section 1324 and 256D for increasing the dividends of the company without showing excess profit. This Section of the paper analyses the position in which the directors of Waldmart Ltd would be in if the shareholders of the company decide not to vote in favour of the second remuneration report and cause a second strike. Rules The issue related to the remuneration of senior executives and directors of the company have been in under the decade for a few years. There have been significant changes related to the remuneration report of the directors after the inquiry of the productive commission into the matter[11]. The corporation act had been amended following the inquiry and the two strike rule was incorporated into it. Previously the vote of the shareholders in relation to the report was not binding but after the amendment the scenario has been changed considerably. According to the rules the directors and senior executives whose remuneration is to be discussed are not included in the voting process. In case the remuneration report does not receive 25% of the total votes casted at the AGM than it is the duty of the board of directors to address the comments of the shareholders in the next AGM[12]. However in case the remuneration report is not approved by at least 25% of the total votes at the next AGM and 50% of the total members cast their vote to support a spill resolution than the entire board of the company would have to undertake the process of re election. The shareholders are required to organize a meeting for the re election within 90 days from the date when the spill resolution had been approved[13]. In the meeting a re-election process would be initiated which the board of directors have to undergo. In case the directors of the company are removed from their positions as a result of the election it is to be ensured that the minimum legal directors required to manage a company remain as directors. The managing director is excluded from the process of election and the remaining two directors position is filled with those directors who receive the maximum number of votes during the election. In case two directors of the company get same number of votes than the remaining director or directors have the authority to decide which director would be chosen for the board. The directors can be chosen to fill the minimum number if if they do not receive more than 50% of the votes[14]. Application In the provided scenario the remuneration report which was published by the directors of Waldmart last year has been rejected by the shareholders. The report had failed to achieve minimum number of votes at the last AGM. The directors of the not altered the report according to the comments of the shareholders and moreover proposed to issue bonus shares and increase dividends in order to lure the shareholders to approve the initial remuneration report. In case the shareholders do not approve the second remuneration report and 50% of them vote in favour of a spill than as discussed above a spill resolution will be passed. In this spill resolution all directors of Waldmart have to go through a re-election process according to the wants of the shareholder. The spill meeting would have to be scheduled within ninety days from when the spill resolution had been passed. However all directors cannot be removed from their positions by the shareholders as a minimum of seven directors which are required for a public limited company have to be on board. As discussed above the directors who receive the maximum votes would be eligible for the position. Conclusion Concluding the paper based on the above analysis it can be held that the powers to issue bonus shares and increase dividends with respect to the directors of a company are not unrestricted. Although they can authorise the issue on their own discretion they have to follow the provisions of corporation act and common law to make their decisions. Dividends and bonus shares can only be issued out of profit and it has to be assured that such issue does not hamper the financial position of the company. The directors must also assure that the companys capacity of paying the creditors back is not hampered and the company does not become insolvent. Thus in this case they cannot issue bonus shares and increase dividends to fulfil their own interest. In case the directors call a second strike than all the directors of the company or the directors specified by the shareholders would go through a process of election. This step has been taken by the parliament in order to ensure the accountability of the companys directors towards its management. References Burland v Earle [1902] AC 83 Cassidy J., Corporations Law Text and Essential Cases. Federation Press, 4th edition Sydney 2013 Ciro T, Symes C, Corporations Law in Principle LBC Thomson Reuters, Sydney, 9th edition 2013 Corporation Act 2001 (Cth) Davenport, S and Parker D, Business and Law in Australia, Thomson Reuters, 2012 Fisher S, Anderson C, Dickfos, Corporations Law - Butterworths Tutorial Series, 4th Edition Butterworths, Sydney 2014 Fitzpatrick, Symes, Veljanovski, Parker, Business and Corporations Law; LexisNexis 3rd edition 2017 Graw, Parker, Whitford, Sangkuhl and Do, Understanding Business Law 7th ed LexisNexis Butterworths, 2015. Hanrahan, P., Ramsay I., Stapledon G., Commercial Applications of Company Law. Oxford 18th edition 2017 Miles v Sydney Meat Preserving Company [1912] 12 NSWLR 98 Parker, Clarke, Veljanovski, Posthouwer, Corporate Law, Palgrave 1st edition 2012 Re Spanish Prospecting Co Ltd [1911] 1 Ch Sandford V Sandford Courier Service P/L [1989] 5 ACLR

Monday, May 4, 2020

Music Piracy Argumentative Essay Example For Students

Music Piracy Argumentative Essay While I was searching online for articles about downloading, I discovered the website for the Recording Industry Association of America, or ARIA. This organization deals with the laws against music piracy. Music piracy can be defined as the stealing of music (Examples). The two main ethical arguments advanced by the ARIA are that downloading is theft and that it harms the music industry and its employees (ARIA). The ARIA has filed many lawsuits against people who have ignored these laws (Austin). The argument that downloading is theft comes from the position that music is intellectual property (ARIA). The Arias advertisements show a clear parallel between downloading a song and shoplifting a CD. The implication is that intellectual property is no different than physical property; and therefore, the wrongness of physical theft applies directly to downloading music (Boon). I feel that there is a distinction between the two properties. People can use intellectual property simultaneously without interfering with other peoples rights. If I were to download a CD I wouldnt be robbing the opportunity for someone else to buy the CD. On the contrary, if I were to shoplift a CD it would take away the possibility of someone else purchasing that CD. The organizations laws made me question how I felt about downloading as a whole. On one hand, I believe that downloading music is not like stealing at all. I consider theft as physically taking an object from someone else. Downloading music doesnt take away something that can be potentially sold by the owner, so to me, it cant technically be considered as theft. On the other hand, I agree that downloading music is becoming a problem for many industries and the artists as individuals. After researching the laws of the ARIA, I began to wonder how serious downloading is or the music industry. I decided to search for articles that specifically addressed these issues. I came across several articles that addressed the huge impact of intellectual property theft. The article I found most meaningful is from the Music United Organization. The article states that music piracy causes $12. 5 billion in economic losses every year. Along with this, the article states that approximately 71,060 U. S. Jobs are lost every year due to music downloads (Piracy). This fact illustrates that not only does piracy affect musicians, but many other people as well. Record companies and music store clerks are some of the other people it hurts. I agree that downloading music affects more than Just the artist. This article gave me a better understanding on how serious downloading music really is. While I was Music Piracy By Haley my attention. The article explains the benefits that come from free downloading. This particular article discusses how the band, Radioed, allowed their entire CD, Kid A to be downloaded for free. The band used the downloading for publicity rather than using interviews, music videos, or radio plays. The CD was available for ere three months before the release date. Despite the heavy downloading, the CD sold 210,000 copies in the first week and it debuted at number one on the Billboard charts (Examples). This suggests that downloading generated enough publicity to help the album become extremely successful. I feel that allowing music to be downloaded is a great form of publicity. It allows the music to be viewed before the actual buying of the CD. I prefer not purchasing a CD until Im positive I will like it. Along with this, I feel that people are more likely to go to concerts if music is being heard in advance by free downloads. I have gone to many concerts where I dont own the CD of the artist that was performing. At this point of my research, I began to see more clearly why the issue of downloading music is problematic. The success of Radioed with the free downloads was the exact opposite of what the ARIA laws said should happen. The free downloads did not hurt the musicians; it actually allowed listeners to become more aware of a particular CD and the result was an increase in sales. Thus, the argument held by the ARIA that downloading music is unethical because it harms the music industry is distorted and invalid.

Sunday, April 12, 2020

How to Get a Random Essay Sample

How to Get a Random Essay SampleThe purpose of doing a random essay sample is to get started on the process of writing an essay. It also allows you to get a feel for how your essays will flow and you can easily adjust what you have written until you are ready to start work on the actual writing. There are two different kinds of essays that are available in the college: the analytical essay and the persuasive essay. As long as you know what your strengths and weaknesses are, and what your strengths and weaknesses are as a writer, you should be able to write one.An essay sample is something that will enable you to create a rough draft. It will give you a basis for your writing, and will let you know what you will need to work on as you start work on the actual essay. You can find these samples online, and some are free, and others are in charge. When you go to your local college or university bookstore, you may be able to find one there.When you are doing your essay, make sure that you will use the passages that you have read from the sample. The key is to read the entire sentence or paragraph over again, and then re-read it again, and when you do this several times, you will have a better idea of what you are going to be writing. Using a sample like this will give you an idea of what you are looking for in an essay.The essay sample is only a small part of what goes into an essay. There are parts that go into it, such as choosing a topic, creating the outline, writing the body of the essay, and writing the conclusion. A sample like this is helpful, but not a substitute for good quality writing. Using this as a guide is useful, but if you do not take the time to learn how to write and not just a guide, then this is of no use.When you are going through the sample, start writing a few chapters, and see how you feel about each one. Do they fit the purpose of the essay? Are there things that could be improved?Use your style guide to trim out the wordy parts that need full sentences. You might decide that you don't need to use them at all, or that you are going to combine them with other words and phrases. The trick is to make sure that you are writing the essay from the point of view of the reader.It is important to get a random essay sample so that you can get started on writing your essay, and you can adjust your essay as you go. Remember that you have read the sample, and have used it as a starting point for your writing.

Monday, March 30, 2020

Jem Finch free essay sample

They are the ones who the parents rely on to help around the house. Jem Finch is a little bit different than the typical older brother to a little girl, but then again his little sister isn’t that ordinary either. Jem Finch displays many character traits. In the first few chapters he displays a little kid who gets in trouble along side of his friends and younger sister, but further into the novel Jem demonstrates more responsible behaviors by accepting his wrongs and the consequences. He also shows how he will stand up for Scout and take care of her, even though he doesn’t like to be seen with her while they are at school, and he is hard on her when she wants to come and play with him and his friends. Throughout the story, Jem has mostly been independent and just wanting to be a young boy, and he gets himself and Scout into trouble through his ideas of how to have a fun time. We will write a custom essay sample on Jem Finch or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Although there has been times where he acts childish, doesn’t know right from wrong, and at times puts his sister into situations where she can either get into a lot of trouble or hurt- he has displays of very grown up choices and protection over his sister. At the beginning of chapter three, when Scout was beating up Walter Cunningham in the schoolyard, Jem was the first one to step in and calm her down. He helped her think about how she was the bigger person and how â€Å"rubbing his nose in the dirt† wouldn’t change anything. Jem did a good job of protecting Scout by inviting Walter over to their house for dinner so then he wouldn’t be mad at Scout anymore. It is also a very respectable thing to do because he also knows that the Cunninghams don’t have very much. Jem is also childish and playful. He is eleven years of age, but sometimes acts younger. For example, in Chapter 1 he stole snow from Miss Maudie’s yard to make a snowman. Also, he would always play with Scout and join in on her games. also, Atticus would play keep away with him with a football, but Jem would try to tackle him instead. In Chapter 7, jem and his younger sister Scout received air rifles for Christmas, which they played with together. He is typically the one that takes blame for Scout’s actions. In Chapter 11 Mrs. Dubose, a neighbor, was talking with the Finch kids and she kept making jokes about their father. After she continued on aggravating them more, Jem decided to take matters into his own hands and destroyed her prized flowers. Consequently, Atticus choose to send him to her house to take care of her by reading her books. After a month of reading to her after school, Atticus let the two kids in on the secret that Mrs. Dubose was incredibly sick- and by them reading to her, it was keeping her mind off of it. In addition to Jem’s childish, protective, and playful nature- he is also scheming and possesses a clever mind. He demonstrates this with his knack for avoiding conflict, finding loopholes in regards to the rules Atticus has set for him and Scout, and luring out Boo Radley. This mischievousness sometimes causes Jem to be a troublemaker. Despite his cunning nature- as the novel progresses, Jem changes and develops into a more mature and responsible character as he gains better understanding, morals and intentions. This is most apparent in his behavior with Scout- when Atticus is at work all day, Jem acts as Scouts father figure. He makes sure that she eats, that she is dressed, and that she doesn’t get hurt. He looks out for her and tries to teach her right from wrong. For instance, when he broke up the fight between Scout and Walter Cunningham and invited him over for dinner, because Jem knew it would relieve some of the animosity between them, and that Walter would appreciate the free meal coming from a poor family. These character traits of being protective of Scout, childish and playful, and a troublemaker but also responsible, indicate the benefits and pitfalls of having someone like Jem Finch as a brother and character. As an eleven year old boy, Jem tries to act mature, but he also likes to have a little fun. Throughout the story, he learned a variety of lessons that would help him later in life. He is a role model for his little sister Scout and helps her stay out of trouble. Scout is very curious and wants to act like a big kid and hang out with her big brother and his friends. As much as Jem tries to stay out of trouble, he sometimes fails at it.

Saturday, March 7, 2020

Free Essays on James A Garfield

James A. Garfield Twentieth President 1881 Interesting Fact: James Garfield was the second president shot in office. Doctors tried to find the bullet with a metal detector invented by Alexander Graham Bell. But the device failed because Garfield was placed on a bed with metal springs, and no one thought to move him. He died on September 19, 1881. Fast Fact: James A. Garfield died from an assassin's bullet only six months after he took office. Biography: As the last of the log cabin Presidents, James A. Garfield attacked political corruption and won back for the Presidency a measure of prestige it had lost during the Reconstruction period. He was born in Cuyahoga County, Ohio, in 1831. Fatherless at two, he later drove canal boat teams, somehow earning enough money for an education. He was graduated from Williams College in Massachusetts in 1856, and he returned to the Western Reserve Eclectic Institute (later Hiram College) in Ohio as a classics professor. Within a year he was made its president. Garfield was elected to the Ohio Senate in 1859 as a Republican. During the secession crisis, he advocated coercing the seceding states back into the Union. In 1862, when Union military victories had been few, he successfully led a brigade at Middle Creek, Kentucky, against Confederate troops. At 31, Garfield became a brigadier general, two years later a major general of volunteers. Meanwhile, in 1862, Ohioans elected him to Congress. President Lincoln persuaded him to resign his commission: It was easier to find major generals than to obtain effective Republicans for Congress. Garfield repeatedly won re-election for 18 years, and became the leading Republican in the House. At the 1880 Republican Convention, Garfield failed to win the Presidential nomination for his friend John Sherman. Finally, on the 36th ballot, Garfield himself became the "dark horse" nominee. By a margin of only 10,000 popular votes, Garfield defeated... Free Essays on James A Garfield Free Essays on James A Garfield James A. Garfield Twentieth President 1881 Interesting Fact: James Garfield was the second president shot in office. Doctors tried to find the bullet with a metal detector invented by Alexander Graham Bell. But the device failed because Garfield was placed on a bed with metal springs, and no one thought to move him. He died on September 19, 1881. Fast Fact: James A. Garfield died from an assassin's bullet only six months after he took office. Biography: As the last of the log cabin Presidents, James A. Garfield attacked political corruption and won back for the Presidency a measure of prestige it had lost during the Reconstruction period. He was born in Cuyahoga County, Ohio, in 1831. Fatherless at two, he later drove canal boat teams, somehow earning enough money for an education. He was graduated from Williams College in Massachusetts in 1856, and he returned to the Western Reserve Eclectic Institute (later Hiram College) in Ohio as a classics professor. Within a year he was made its president. Garfield was elected to the Ohio Senate in 1859 as a Republican. During the secession crisis, he advocated coercing the seceding states back into the Union. In 1862, when Union military victories had been few, he successfully led a brigade at Middle Creek, Kentucky, against Confederate troops. At 31, Garfield became a brigadier general, two years later a major general of volunteers. Meanwhile, in 1862, Ohioans elected him to Congress. President Lincoln persuaded him to resign his commission: It was easier to find major generals than to obtain effective Republicans for Congress. Garfield repeatedly won re-election for 18 years, and became the leading Republican in the House. At the 1880 Republican Convention, Garfield failed to win the Presidential nomination for his friend John Sherman. Finally, on the 36th ballot, Garfield himself became the "dark horse" nominee. By a margin of only 10,000 popular votes, Garfield defeated...

Thursday, February 20, 2020

Analogy, Marginality and Action. Peter Singers Famine, Affluence, and Essay

Analogy, Marginality and Action. Peter Singers Famine, Affluence, and Morality Analysis - Essay Example In the fifth paragraph, Singer emphasized that helping starving people is a moral obligation by people, but granted that it does not sacrifice anything that is â€Å"comparably† important. For instance, if by donating a hundred dollars in a foundation that feeds starving children and families in Africa would cost the life of your child who also needs the money for her operation, then one will be spared of guilt by keeping the money for his child’s operation instead. In other words, if a person acknowledges he or she can feed a single family in Africa by donating his money allotted for a fancy smart phone, then his action is morally justifiable and is fulfillment of duty. Another important assumption in Singer’s essay follows that proximity and distance are also factors in extending our moral duties to our fellow humans despite the fact that other people around us are not feeling obliged to do so. He emphasized that numbers cannot be used as a plausible excuse for not helping other people who are badly in need because we acknowledge that by donating without considering other people’s interest can actually save a single life or two. Singer’s central premise in his essay is summed up as extending our help to people in dire need, despite our proximity and distance, without sacrificing something that is equally significant. His point was that our morality may somehow explain that it is our moral obligation as human beings living in the same earth to extend our help by not being selfish and materialistic, and not only a show of charitable work because as what he said, people who give to charities are praised, while those who do not are not condemned. In other words, helping starving children, for instance, can well be shown as voluntary and not obligatory. People who choose to buy clothes rather than donating to the children of Africa cannot justify their action because they act in that manner so as to look pleasant and not to prote ct themselves. The Analogy The last sentence of the fifth paragraph tells us an analogy about a drowning child in a pond and a person happens to witness the child drowning. Singer’s analogy fits perfectly with his main assumption that we ought to help other people in need, despite the inability of other people to see her situation, and without sacrificing something that is comparably significant. Simply saying, in that situation, our clothes do not bear more significance compared to a life that is at risk. In other words, we prevent what is bad (the possible death of the child in the pond) and promote what is good (saving the life of the child). ‘Level of Marginality’ In giving away something to the needy, Singer puts a specific, yet abstract limit as to the amount we are obliged to. He used the phrase â€Å"until we reach the level of marginality.† It is like a common version found in the Christian bible that a way to heaven is by abandoning all of oneâ⠂¬â„¢s properties and wealth and giving them after to the poor. Singer requires â€Å"reducing ourselves to the level of marginal utility† (par. 27). In the moderate version of his premise, he does not imply that people ought to live in a level of marginal utility such that their families are likely to suffer in the end, as well. What he

Tuesday, February 4, 2020

Ecology Research Paper Example | Topics and Well Written Essays - 1750 words

Ecology - Research Paper Example The transitions did not follow a successive order but were rather random for each squirrel. In addition, it became evident that a relationship exists between the behavioral transitions. From the analysis, the behavioral changes appeared to be the results of chance and were very random. The highest transition frequency was between the food searching behavior and food handling. The lowest frequency occurs in vigilance behavior and food searching. The animals must strive to strike a balance between safety precautions and food searches. For the balance to occur, squirrels have to set the priorities right. It is critical for them to determine when the urgency for security must surpass the urgency for food. Introduction The Eastern Gray squirrel’s main habitat is the eastern North America and parts of Canada (Makowska and Kramer 2006). This species relies on seeds, nuts, acorns, beechnuts, butternuts, and hickory nuts for food. These squirrels usually remain in their dens and nests during winter. The Gray squirrel must avoid getting into the way of its multiple predators. These predators include hawks, owls, raccoons, and snakes. Socially, these squirrels value relationships and have close associations within their communities. This species of squirrels exhibits unique behaviors when feeding. These squirrels have many predators and have to stay wary of while searching for food. This is the reason why squirrels exhibit multiple behavior changes in their search for food, as they have to strike a balance between feeding and remaining secure. Many scientists have tried to decipher the behavioral patterns of the squirrels in the venture for the search of food. Numerous ecologists have been striving to explain why these behaviors result. This experiment sought to establish the different patterns portrayed during the squirrel’s search for food (Parker and Nilon 2008). Prior to this experiment, we predicted that the gray eastern squirrel portrays several foragi ng patterns. In addition, we hypothesized that there was a relationship the transition from one pattern to the other. Specific predictions suggested that there was vigilance behavior that led to food searching. There was also a possibility that food-handling behavior would precede vigilance behavior. Methods In this experiment, we observed squirrels for duration of fifteen minutes. We used focal fallows to observe the behavioral patterns of the squirrels. After observation, we tallied the frequencies of transitions indicating. Finally, we used chi-square test to determine the relationship between the transition behaviors. Results Statistical analysis of the data derived from tallying the observations presented the data available in the table 2 in the figures shown. The graph in figure shows the number of squirrels that exhibited different transition behaviors. The highest frequency occurred between food searching and food handling. The transition from vigilance behavior to food sear ching presented the lowest frequency. The squirrels also switched from vigilance behavior to food handling at a remarkable frequency. Only in few occurrences did the squirrels exhibit a transition from either vigilance or food handling behavior to engage in social behavior. It became evident that the squirrels did not exhibit any transition from social behavior to food