Wednesday, November 27, 2019
Motivation Essay Essays - Cognition, Experimental Psychology
Motivation Essay Essays - Cognition, Experimental Psychology Motivation Essay Mrs. Yates Psychology, per 1 10/11/12 Motivation Essay If I could accomplish any goal I would start a garage band that writes a hit song every month. The name of my band is would be Three Car Pile Up. I would the drummer and my name Fig. In the band we would have a lead singer, a lead guitar player, bass player, electric pianist, an electric violinist, and triangle player. I would like to reach this goal because I want to rise to the top and become the best rock band of all time. rise to the top and become the best rock band of all time. My band music would serenade and seduce women all over the world. Are hit songs would be Seducing Satan, the Devils Three some, and The Devils Crotch. What is keeping me from this goal is that I dont know how to play the drums and I do not have a band. In the fourth grade I could barely play the recorder. I also dont really know that many musically talented people. If by chance I do make a band and become successful in ten year from now I picture myself living in a castle, surrounded by lots beautiful women, and lots of pile of money behind me. I think if this was to happen to me I would be the happiest person in the world.
Saturday, November 23, 2019
2018 Hurricane Names
2018 Hurricane Names 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010 | 2011 | 2012 | 2013 | 2014 | 2015 | 2016 | 2017 | 2018 Below you will find the listing of hurricane names for the Atlantic Ocean for the year 2018. For every year, there is a pre-approved list of tropical storm and hurricane names. These lists have been generated by the National Hurricane Center since 1953. At first, the lists consisted of only female names; however, since 1979, the lists alternate between male and female. Hurricanes are named alphabetically from the list in chronological order. Thus the first tropical storm or hurricane of the year has a name that begins with A and the second is given the name that begins with B. The lists contain hurricane names that begin from A to W, but exclude names that begin with a Q or U. There are six lists that continue to rotate. The lists only change when there is a hurricane that is so devastating, the name is retired and another hurricane name replaces it. The 2018 hurricane name list is almost the same as the 2012 hurricane name list.Ã Hurricane Sandy was a large and destructive storm in 2012 so the name was retired from the list and Sara took its place. 2018 Hurricane Names AlbertoBerylChrisDebbyErnestoFlorenceGordonHeleneIsaacJoyceKirkLeslieMichaelNadineOscarPattyRafaelSaraTonyValerieWilliam
Thursday, November 21, 2019
The Hiding Place, by Corrie ten Boom Research Paper
The Hiding Place, by Corrie ten Boom - Research Paper Example The Hiding Place, by Corrie ten Boom, with the assistance of Elizabeth and John Sherrill is a story of fear, faith, and miracles set within the truthful remembrance of World War II. In Haarlem, Holland, the ten Boom family is put into the position of occupation by the Germans in which they see the tragedy of their Jewish friends herded onto trucks and feel the need to act. Their father sets up a hidden room in their house in which they can help those who come to them to hide from being taken. Several emotional levels of experience are explored within the novel. The fear of being taken, the reaction to adjusting to terrifying living circumstances, and the fear that is ultimately a part of their lives after incarceration is explored through the events that take place. The faith of Corrie ten Boom that would go on to inspire others after her release is explored as she goes through horrific events and survives. As well, she tells the story of a series of miracles that helped her to live, despite the horrors that she witnessed. The story of Corrie ten Boom is defined by the belief in God that inspires her father to act in support of the Jewish members of his community that were in trouble and continues after they are captured and she experiences both loss and hope through the events that she attributes to miracles from God. The story begins in 1937 with the event of a celebration. Corrie is forty-five at the time, she and her sister having never married and living at home with their father who is a watchmaker. Corrie spends a good deal of time discussing her childhood and all the ways in which it summed up to her adult existence. Holland falls to the German invasion and her father, herself and her sister must make the choice as to whether or not to act in tandem with the resistance, or to ignore the plight of their fellow countrymen. They choose to act by hiding Jewish member of the community in a room that could be hidden. Eventually they are betrayed and incarcera ted, their father, who is in his eighties, dying within ten days of having been arrested. Corrie is ill when she is arrested and is put into solitary for an unknown period of time which might have been a month or more, isolated except for the hand that gives her food everyday. She finds ways to hold onto her faith, something coming to her aide whenever she felt that she could not withstand her circumstances for any longer. She writes in regard to the ââ¬Ëcompanyââ¬â¢ that she found ââ¬Å"And I was not alone much longer: into my solitary cell came a small, busy black antâ⬠(Ten Boom, Sherrill, & Sherrill, 2009, p. 165). The ant symbolizes provision, the creature a survivor through its ability to provide for its colony, just as Corrie finds in her faith a way to provide for her survival. Corrie and Betsie, her sister, are eventually reunited as they are sent to Vught Prison and the two are eventually sent to Ravensbruck. Ravensbruck was a concentration camp which was housi ng anywhere from 45,000 to 60,000 female prisoners in 1944 who were mostly political prisoners who had defied the Nazis during World War II (Albert-Lake & Litoff, 2006, p. xxi). In these walls, Corrie and Betsy faced horrors of the concentration camps, Betsie finally dying from her weakened condition from heart problems that had always plagued her. Corrie records many small miracles that helped her to survive during incarceration. There was a small vitamin bottle that was sneaked in to help to keep Betsy strong and the bottle never seemed to run out of pills. They had obtained a copy of the gospels, and while religious material was routinely confiscated, theirs was never taken
Wednesday, November 20, 2019
Corporate Finance Company Profile Ebay Essay Example | Topics and Well Written Essays - 1250 words
Corporate Finance Company Profile Ebay - Essay Example A significant boost is recorded in the year 2008 mainly due to the control on revenue expenditures and also on the fixed charges which are in the form of interest expense. The credit mainly goes to the management who has taken corrective measures like controlling fixed and operating expenses which have made a significant impression on eBayââ¬â¢s net income. The slight increment in cash and cash equivalent in the year 2008 with 20% as compared to the year 2007, may be a result of the fact that the company has invested in securities, paying-off liabilities, etc. It is quite obvious that management has been able to implement effective cash management techniques. The cash flow of eBay from 2006 to 2008 suggests that its operating activities are slightly high in the year 2008, amounting to $2,881,995m in comparison with the rest of the years, due to its massive business volume and operations; there has been an increase in the operating activities of the company. EBayââ¬â¢s management has, however, made huge investments in property plant and equipment, because of which its investing activities are higher in the year 2008, primarily, due to the principal loans receivable, in comparison with the years 2006 and 2007. eBayââ¬â¢s financing activities mainly consist of repurchases of common stock. The sole reason behind treasury stock is to regain the market position by increasing the value of its stock. eBayââ¬â¢s management has never paid cash dividends on their stocks and also there is no clear indication of it happening in the near future. And hence it is impossible to observe the dividend yield and dividend growth pattern of eBay (Annual Reports, 2008). Due to the expansion in the business company require some fixed asset for maximum use of the resources for uplifting the business operation and meets the customer demand so there is a slight variation in the year 2008 with respect to other years.
Sunday, November 17, 2019
The Nature of class relations in 1880s Canada Essay Example for Free
The Nature of class relations in 1880s Canada Essay In Canada, the response to industrial capitalism was evident between the year 1867 and 1892 by the Toronto workers. The exercise began in the late 1960s at the Toronto University. In North America Universities this period was very exciting whereby many of them accepted the dogmas and came under vigorous re-examination. However, the history of Canadian was one of the disciplines which did not address the question of the events which were prevailing by that time. The Canadian traditional histography had been very narrow until the times of leader Harold Innis who came up with considerable useful system of work on the political economy of Canadians. à à à à à à à à à à à Class was one among the factors which had been completely ignored by Canadian historical writing. Although there was a great value of historian sources, the work was somehow antiquarian and also indicated a conservative methodology. Involved in the list of the generalizationââ¬â¢s list were political economists like Eugene Forsey and Logan both whom had restrictions towards the study of the working class in narrow sense of institution. The essence for account of the working class in Canadian which was a new approach in history and methodological innovations which was very apparent. After several studies, it indicated that a community study seemed to be the place by then to start reconstruction of Canadian working class experience. The main reason of choosing the Toronto city was due to its economic importance and also its key role in development of the earliest labor movements. Toronto workers who used to live in Ontarioââ¬â¢s leading city were among the first group to experience the industrial revolution to join Unions of Institutions so as to create the city labor centre and also to national labor organizations. More so, Toronto proved to the especially to the rich that it had achieved holdings pertinent to the studies which were proposed (Alexander 1962, p. 43). à à à à à à à à à à à In the nineteenth century the cityââ¬â¢s press was very vibrant and also well preserved. It had very well maintained trade union records and the other materials of work. The city also had a very lively labor press where much of it was still extant. The essence of choosing the period of the nineteenth century was to capture the Torontoââ¬â¢s working class at its conception. The establishment of the class relations lay in the workers and industrializationââ¬â¢s response to that process. Such was a study of the interaction of economic transformation and the emerging working class that both of them shaped and was on the other hand shaped by the new class. The emergence of trade unionism, the struggle for shorter hours in the 1870s, the surge of oppositional cultures based on the knights of labor in the years of 1880s and the establishment of institutional framework for movements of trade unions lay during this period. à à à à à à à à à à à Important new organizations were created from the development of the working class. To achieve the full analysis, it required that the placement of the economic transformation context and cultural adaptations which were denied to them by the institutional labor history. In the decade of 1880s, the industrial conservative and industrial expansion ruled not on even a single important measure on behalf of industrial workers which was placed upon Dominionââ¬â¢s book of statute. In 1889, the government passed measures which had no division and in turn removed the afforded protection by the Act of 1872. Also, the same regulation in the labor interest was declared but for this case, by the provinces. According to Armstrong report, it states that Armstrong was primarily an employee in the Toronto daily meal since 1872. He later became a leader in one of unions. He was later appointed to head an investigation committee whereby he analyzed the membership in terms of eligibility, reliability and other past records. He ensured promotion of the female organizations in terms of labor and rated their wages according to the work completed. In his report, he stressed that childhood labor should have very tough laws in its enforcement. He recommended that, boards of arbitration should deal and handle cases and disputes of the workers who complain about long working hours. To this case, he recommended for shortening of the long and exploitative hours. He further suggested that all Canadian laborers or workmen should have proper compensation which should be fully supported by the union. Contrary to that, he was however opposed by all other private agencies that offered employment services. http://www.books.google.com/books?isbn=0802039987 à à à à à à à à à à à According to the testimony of A W. Wright, he testified for the Son of Man who is against the offspring of prediction. It stresses on setting for the father and obedience to Godââ¬â¢s elect, testified by the month of he lord, angles and men. With a true discovery of a bundle of equivocations, confusions and hypocrisy in those who term themselves as preachers and to the light with all men. Richard Dennis he argues that in Canada, exists a long history of suburban working class settlement. However, the conditions have improved. The workers in suburban once lived at the frontier line of the urban economy, after 1945, they occupied a more standardized and financial subdivisions, they became apart and parcel of its consumer apotheosis. à à à à There has been a noted variation in working conditions across different trades. For instance, when compared to Canada, the trade union membership in Australian grew dramatically. Comparative analysis of to steel and iron plants in Australia and Canada there was a broad union growth in a five time. One firm was locate at New South Wales while the other at Sydney. The workers at both firms unionized and the union of the Sydney firm collapsed due to strike. The union of steel and iron did not revive at the Sydney Firm until the time of World War I. with the exception of a brief period, steel and iron unionism continued under examination at the lith grow plant. The ideas of employers about the proper economic relations and their power in the workplace varied from a location to another according to different writers. Their suggestions included the problems which were encountered in the service employee international unions which needed to be addressed. They also suggests that many of the issues that would not be resolved without the unions establishment. There was a need to blow up the worse unions before fixing them incrementally as a result to dysfunctional unions. Improper distribution of the enough money in the economy was the main problem. There was also a suggestion that the people should be independent and be able to provide for themselves. There was attacked to the major organizations through their way of exploiting their workers in cutting their benefits. To most of the workers, there was the idea of benefiting from the employees because this drastically raised their incomes in the workplace. After industrialization in Canada, most of the employees were forked to join the trade union. As a result majority were affected by the laid down regulations like termination of child labor and standardization of wages and salaries as they were used to exploitation. Their powers in the work place was adversely reduce because they were forced to abide to the unions rules had limited powers in the workplace (Alexander 1962, p 66). à à à à à à à à à à à Before the industrialization in Canada, the employees had negative attitudes towards the labor organizations. Such included low organization in preventive measures while at work among other risky and exploitative measures.à Immediately after the industrialization was put in place, there was mobilization in formal sector. There was also appeal to the government for provision of welfare benefits. According to study, neoliberal reform surprisingly had opened up new channels for the informal workers which contributed them as a class. The employers also put more emphasis to organization and improvement of the workers conditions of safety in the workplace. Due to along period of exploitation and intimation in the work place before Canadaââ¬â¢s industrialization, the employees reviewed themselves as devaluated in the workplace. Their rights were not considered, for instance through working for long hours and paid very little money, working under danger situations without protection among other work threats. After industrialization in 1880s, the employees were better placed because most of their problems were addressed in the international union guide. It protected their rights in payments according to the work done, ensured provision of protective measures while at work for instance when working in mines and mills among many. Most of the employees in America joined trade unions just as their colleagues did elsewhere. This caused eruption of strikes. For instance, some worked out of the American Railway Unionââ¬â¢s in protest of the Pullman Companyââ¬â¢s treatment of its operatives because violent. Majority showed a little or no desire in reduction of employment hours. In the real sense, the unions formed served to boost their wages and also improved their working conditions. Their sporting events, dinner, lectures and others enhanced their quality of life. Also the well developed insurance plans enabled the vagaries of life to be very manageable. As a result of the social role being more in evidence in the membershipââ¬â¢s daily experience than were the Unionââ¬â¢s economic responsibilities, many employees were drawn to knight labor. à à à à à à à à à à à The knights of labor was a good representation of a significant experience in the phase of Canadian working class formation. This was the group of renegade intellectuals who brought the labor questions into federal and provincial politics. They aimed at articulating laborââ¬â¢s struggles. However, it faced many challenges for instance the employee resistance, the 1880ââ¬â¢s economic crisis and trade unions which opposed an internal divisions. Most of the members of knights of labor were usually wave earners who could work for long hours in very hazardous conditions. They lived in utter poverty whereby their dwellings were tenants and hovels, their wages however were too little even to cater for their necessities. On the other hand the knights were highly cooperatives which practiced state ownership of all the public utilities they believe in sincerity and honesty of all the members. They were neatly knit together and maintained secret of order. Consequently, they together created a movement culture of alternative, potential social and cultural difficulties. This was the main reason why some workers were drawn to the knightsââ¬â¢ labor. Various groups approach in the subject of women and children labor. Before 1880, the women labor force was endless and very diverse. Some of jobs include helping the men in the fields at planting and harvesting times among other household duties. According to Colonial theory, a woman was by no means a weak culture at the beginning of the 19th century, the industrialization in market place began and also the flowering of capitalism. The change established new hierarchies for work between unpaid and paid labor. This was because of absorption of large numbers of men where some women were involved in work or wages outside their homes. In 1880s, although most of women in working class worked outside their homes, there was still a notion by middle class society that the womanââ¬â¢s place was the home where the work had less value. Although the number of women workers in paid labor force raised in percentage from 23.7 percent to 26.3 percent between 1880 and 1920 the total women working number tripled. Due to this, the society accepted the fact that women should work and should do so having their reputations ruined. Although their number increased, this was not nearly significantly as the shift in the occupations. This however left the laws status of women in the work force unchanged. For the case of childrenââ¬â¢s labor, according to many of the writers, many children were involved in work place. The opportunity of paid employment widened the minority of children not attending schools. Due to Canadaââ¬â¢s industrialization and urbanization new children jobs become available especially in Montrà ©al textile mills, Cape Breton and BC mines, Hamilton and also in small manufacturing enterprises. As a result, several conditions combined to end child labor in Canada. This was due to most of the jobs being dead end and poorly paid mineral jobs which led no advancement opportunities. Consequently, by the end of 1980, a large number of children under the age of 14 had been excluded from mines and factory employment. There was a great depression when many adults sought some of the jobs formally done by children hence the children were forced back to school (Alexander 1962, p.98). According to the Freed report, which basically gave 10 years, outlook of the Canadians labor market between the periods of 2004 to 2003, the Freedââ¬â¢s report articulated to the views of employers who attained the sustainable economic growth. This resulted from utilization of high skilled labor due to educational standards of Canadaââ¬â¢s labor force which had kept pace with the skilled demand. Also the low skilled occupations had been created. For the medium term, employment growth was determined by demographic development and economy which reduced employment rate through creation of slow and sustained growth. The difference between Armstrongââ¬â¢s report and Freedââ¬â¢s report was that with Armstrong, there was analyzation of membership reliability, eligibility and prevention of child labor. It also considered the unpaid working hours and advocated for rectification. It also ensured unionââ¬â¢s support in workplace. For Freeds, it only stressed on better skills which can improve the outcome in occupations. Training for career was his most requirements to venture in to any workplace so as to growth in economy. Reference. Alexander R, (1962). Labor Relations in Argentina, Brazil, and Chile. New York.
Friday, November 15, 2019
Mother Courage :: essays research papers
MOTHER COURAGE The education system has always tried to figure out new ways of teaching certain matters of interest, like history, where there are many points to be discuss that can be left out by authors. Text books do not fill everything that should be filled, and it is impossible to do so because there are too many things to tell and not enough space to write. There is also the fact that every professor wants to give his or her own approach to the topic, and sometimes there is not one source that tells everything the way he or she wants. At that point lectures become more and more important and those are only to be complemented with text of a variety of styles. Those sources were not initially designed to fill that requirement, but with the right approach and background information those new sources can be even better than any textbook any written. These kinds of sources give a different approach to history and can be more enjoyable than boring textbooks. On the other hand, these variety of sour ces can also been incorrectly chosen and may difficult the learning process for students. Sometimes sources are not efficient transmitting the message that wants to be transmitted, and students can simply not understand beyond the history that is been told. For instance Mother Courage and Her Children, by Bertolt Brecht, itââ¬â¢s a story that occurs during the Thirty Years War in Europe, and can be used to help students understand this war. Is this play a good source for understanding the Thirty Years War? Or it only stays in the basic story with minimum helpful information that would help understand this event. The Thirty Years war was caused mainly by the protestant reformation, a process caused by the split of the Catholic Church. It was all because of the lack of tolerance and the extremist ways of thought of people. In this area for example, the play is not as deep an as informative as desired, it stays only in the basics and mentioning Catholics and Protestants as rivals but it does not go deeper. ââ¬Å"The Catholics! Surprise attack!.â⬠ââ¬Å"And the war is a war of religion.â⬠It does mention Religion as a point of disagreement, but it fails to really explain that this entire situation is mainly caused by religious differences. As the world is right now, with all the polemic issues started by Iraqââ¬â¢s invasion by the United States and the terrorist attacks perpetrated by Islam extremists, more described facts would be very useful.
Tuesday, November 12, 2019
How Did the Decision to Conduct an ROI Study Influence the Design of Coaching Program Essay
How did the decision to conduct an ROI study influence the design of coaching program. Nations Hotel Corporation is one of the reputed USA based hotel company, with an international presence in 15 countries worldwide. Hospitality industries are quiet competitive in nature and todayââ¬â¢s success rule of hospitality includes knowledge, customer satisfaction and operational efficiency which provides pleasure of stay and departure to their guests. Any addition or subtraction in these components can increase or decrease the rating of any organization. Nations Hotel with 98% brand awareness and 72% as customer satisfaction ratio were still far from the race of preferred choice amongst the customers. Hence there, arose a need to identify the gap , so a study was conducted by the Nations hotel learning organizations (NHLO), as a result need for high leverage training program (Chapter 1-Introduction to employee training and development- High Leverage Training Program) was determined, which can improve the operational efficiency, help in retention of high performing employees and increase the level of customer satisfaction, so a structured coaching program was proposed in front of senior executives, which can have impact on business . (Chapter 1-Introduction to employee training and devlopment -ASTD Competency model, this model shows the role of training and how it will impact the business strategy). Since these strategic trainings, are expansive in nature , senior executives of Nations hotel were concerned with the calculation of Return on Investments (ââ¬Å"Chapter -6, Training Evaluation-ROI) on coaching project, calculation of direct and indirect cost and benefits achieved through the coaching program became crucial factor in designing the program. Instead of directly going ahead with the coaching program for all employees , Nations hotel selected 25 employees randomly for the training( chapter 6-Training and evaluation-Pilot Testing, random assignment). This small selection of team was an effective decision , as identifying the strength and weakness of the coaching program brought an opportunity to make changes before ,this coaching program became available to all employees, besides this factor, another strong reason was individual coaching was a huge investment for Nations hotel, so through pilot testing evaluating the effectiveness of training and cost , and conducting need assessment was better approach to calculate the ROI for the coaching program, so that finally while evaluating the results and business impact after conducting the coaching program for the executives, Nations hotel can make a decision on further expanding this coaching program for rest of the employees. Hence the coaching program was designed in 14 steps, which comprised of the following steps. 1. Voluntary participation 2. Need for Coaching 3. Self Assessments 4. Commitment for data 5. Roles and responsibilities 6. The match 7. Orientation session 8. The engagement 9. Coaching session 10. Goal setting 11 . Action planning 12. Active learning 13. Progress review 14. Reporting. These steps helped in calculating various components of ROI which includes both the calculation of tangible and non tangible benefits, evaluation of confidence level amongst the newly trained employees, monetary value gained or lost, impact on turnover, measurement of service improvement, and last but not the least job satisfaction amongst employees after this coaching program, which will finally have impact on business. (Chapter 6-Training Evaluation-Results & Return on Investment). Question 2. Discuss the importance of getting participants committed to provide quality data. Determining the effectiveness of training program is referred as evaluation. Kirkpatrickââ¬â¢s four level framework measures the outcomes of an effective training program, which includes following four levels of evaluation, also there is a fifth level of evaluation, which is out of the Kirkpatrickââ¬â¢s framework of evaluation, and is known as Return on Investment. (Chapter 6-Training Evaluation-Kirkpatrickââ¬â¢s four level of framework of evaluation criteria) Level 1 Reaction: It provides feedback about the content of the program, participantââ¬â¢s engagement, data gathered in this level helps in improving the training program Level 2. Learning: Knowledge and skills of trainees are tested through norm referenced test, criterion referenced test or quizzes, observations and work samples, and data collected at this level, helps to judge the skill based outcomes of trainee from the training. Level 3. Application: These are also known as affective outcomes, which are measured through collection of data via interviews and attitude surveys, to measure the skill enhancements after training. Level 4. Results or Business Impact: How much training program has paid off for the company, such as improvement in customer care inclined or declined on turn around time after the training, measuring such outcomes falls, under this level, which is measured by collecting data through performance records, observation, information system Level 5. ROI: This step compares the monetary benefits to the organization with the cost of training, such as by collecting data for both tangible and intangible benefits, which includes direct and indirect cost , level of confidence , job satisfaction , cost benefit analysis etc.. Result of one level of evaluation, becomes the benchmark for the next level of evaluation, this can be best explained by the example of Nations Hotel, where careful and quality data recorded in action plan and company records by executives helped the NHLO team in making of convincing ,coaching business impact program. The ROI process in Nations Hotel, involved gathering data through out the coaching, so that evaluation result can be evaluated in all the above mentioned five levels. Since participants (executives, senior executives, coach) provided data at every level of evaluation, which helped in further clubbing of all the data, that was collected at all five levels separately, were than integrated to provide an overall evaluation of the program, and measure how effectively the program is impacting the strategic goals of the company, careful and accurate data collection at all levels helped the NHLO team to measure the result of coaching program at every step, so that any flaw at one level , can be rectified easily before moving to the next step, for example the benefit cost ratio of NHLO was 3. 21, that is it, suggests that on every dollar spend,$3. 21 was returned, but in absence of accurate data this figure would have been misleading , and could have resulted in fiasco. Not only Nations Hotel, infact most of the companies follows similar process for evaluating the levels, by collecting data at every level, and than utilizing the data for moving ahead with the next level. These dataââ¬â¢s were further converted into monetary value, through various ways, which was further utilized in analyzing the ROI on training. In absence of quality data, training will have no impact neither for an individual in terms of cognitive, skills application, and affective outcomes nor for any organization in terms of positive business impact and ROI, which an organization aimed for. Hence quality data from the participants has a huge impact in determining the credibility, reliability and relevance of the training program ,so active participation from the trainees and providing reliable data, is essential for an effective training program (Chapter 6-Training evaluation-Outcomes used in evaluating training programs)
Sunday, November 10, 2019
Mid-Term Exam Remedial Law
Mid-Term Exam 1. Distinguish Cause of action from action SUGGESTED ANSWER: A CAUSE OF ACTION is an act or omission of one party in violation of the legal right or rights of the other (Maao Sugar Central vs. Barrios, 79 Phil. 606; Sec. 2 of new Rule 2), causing damage to another. An ACTION is an ordinary suit in a court of Justice by which one party prosecutes another for the enforcement or protection of a right, or the prevention or redress of a wrong. (Section 1 of former Rule 2). 2. What is the concept of remedial law? SUGGESTED ANSWER:The concept of Remedial Law lies at the very core of procedural due process, which means a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial, and contemplates an opportunity to be heard before judgment is rendered (Albert v. University Publishing, G. R. No. L-19118, January 30, 1965). Remedial Law is that branch of law which prescribes the method of enforcing the rights or obtaining redress for thei r invasion (Bustos v. Lucero, G. R. No. L-2068, October 20, 1948; First Lepanto Ceramics, Inc. v. CA, G. R. No. 110571, March 10, 1994). 3.How shall the Rules of Court be construed? SUGGESTED ANSWER: The Rules of Court should be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. (Sec. 6, Rule 1 1997 Rules of Civil Procedure. ) ADDITIONAL ANSWER: However, strict observance of the rules is an imperative necessity when they are considered indispensable to the prevention of needless delays and to the orderly and speedy dispatch of Judicial business. (Alvero vs. Judge de la Rosa, 76 Phil. 428) 4. Distinguish between substantive law and remedial law.SUGGESTED ANSWER: SUBSTANTIVE LAW is that part of the law which creates, defines and regulates rights concerning life, liberty, or property, or the powers of agencies or instrumentalities for the administration of public affairs. This is distinguished f rom REMEDIAL LAW which prescribes the method of enforcing rights or obtaining redress for their invasion (Bustos v. Lucero, G. R. No. L-2068, October 20, 1948). 5. Distinguish jurisdiction from venue? SUGGESTED ANSWER: JURISDICTION treats of the power of the Court to decide a case on the merits, while VENUE refers to the place where the suit may be filed.In criminal actions, however, venue is jurisdictional. Jurisdiction is a matter of substantive law; venue, of procedural law. Jurisdiction may be not be conferred by consent through waiver upon a court, but venue may be waived, except in criminal cases (Nocum et al. v. Tan, G. R. No. 145022, September 23, 2005; Santos III v. Northwest Airlines, G. R. No. 101538, June 23, 1992). 6. Give the effects of the following: 1 Splitting a single cause of action: and 2 Non-joinder of a necessary party. SUGGESTED ANSWER: 1.The effect of splitting a single cause of action is found in the rule as follows: If two or more suits are instituted on th e basis of the same cause of action, the filing of one or a judgment on the merits in any one is available as a ground for the dismissal of the others. (Sec. 4 of Rule 2) 2. The effect of the non-joinder of a necessary party may be stated as follows: The court may order the inclusion of an omitted necessary party if jurisdiction over his person may be obtained. The failure to comply with the order for his inclusion without justifiable cause to a waiver of the claim against such party.The court may proceed with the action but the judgment rendered shall be without prejudice to the rights of each necessary party. (Sec. 9 of Rule 3) 7. Rolando filed a petition for declaration of the nullity of is marriage to Carmela because of the alleged psychological incapacity of the latter. After trial, the court rendered judgment dismissing the petition on the ground that Rolando failed to prove the psychological incapacity of his wife. The judgment having become final, Rolando filed another petit ion, this time on the ground that his marriage to Carmela had been celebrated without a license.Is the second action barred by the judgment in the first? Why? SUGGESTED ANSWER: No, the second action is not barred by the judgment in the first because they are different causes of action. The first is for annulment of marriage on the ground of psychological incapacity under Article 36 of the Family Code, while the second is for declaration of nullity of the marriage in view of the absence of a basic requirement, which is a marriage license. [Arts, 9 & 35(3),Family Code]. They are different causes of action because the evidence required to prove them are not the same. [Pagsisihan v. Court of Appeals, 95 SCRA 540 (1980) and other cases]. . The plaintiff sued the defendant in the RTC for damages allegedly caused by the latterââ¬â¢s encroachment on the plaintiffââ¬â¢s lot. In his answer, the defendant denied the plaintiffââ¬â¢s claim and alleged that it was the plaintiff who in fa ct had encroached on his (defendantââ¬â¢s) land. Accordingly, the defendant counterclaimed against the plaintiff for damages resulting from the alleged encroachment on his lot. The plaintiff filed an ex parte motion for extension of time to answer the defendantââ¬â¢s counterclaim, but the court denied the motion on the ground that it should have been set for hearing.On the defendantââ¬â¢s motion, therefore, the court declared the plaintiff in default on the counterclaim. Was the plaintiff validly declared in default? Why? SUGGESTED ANSWER: No, the plaintiff was not validly declared in default. A motion for extension of time to file an answer may be filed ex parte and need not be set for hearing. [Amante vs. Sunga, 64 SCRA 192 (1975)]. ALTERNATIVE ANSWER: The general rule is that a counterclaim must be answered within ten (10) days from service. (Rule 11, sec. 4). However, a counterclaim that raises issues which are deemed automatically joined by the allegations of the Compl aint need not be answered. Gojo v. Goyala, 35 SCRA 557 (1970)]. In this case, the defendantââ¬â¢s counterclaim is a compulsory counterclaim which arises out or is connected with the transaction and occurrence constituting the subject matter of the plaintiffââ¬â¢s claim. It raises the same issue of who encroached on whose land. Hence, there was no need to answer the counterclaim. 9. The plaintiff sued the defendant in the RTC to collect on a promissory note, the terms of which were stated in the complaint and a photocopy attached to the complaint as an annex.Before answering, the defendant filed a motion for an order directing the plaintiff to produce the original of the note so that the defendant could inspect it and verify his signature and the handwritten entries of the dates and amounts. 1 Should the judge grant the defendantââ¬â¢s motion for production and inspection of the original of the promissory note? Why? 2 Assuming that an order for production and inspection was issued but the plaintiff failed to comply with it, how should the defendant plead to the alleged execution of the note? SUGGESTED ANSWER: 1) Yes, because upon motion of any party showing good cause, the court in which the action is pending may order any party to produce and permit the inspection of designated documents. (Rule 27). The defendant has the right to inspect and verify the original of the promissory note so that he could intelligently prepare his answer. (2) The defendant is not required to deny under oath the genuineness and due execution of the promissory note, because of the non-compliance by the plaintiff with the order for production and inspection of the original thereof. (Rule 8, sec. 8). ALTERNATIVE ANSWER: 2) The defendant may file a motion to dismiss the complaint because of the refusal of the plaintiff to obey the order of the court for the production and inspection of the promissory note. [Rule 29 Sec. 3(c)]. 10. What is forum shopping? SUGGESTED ANSWER: Forum shopping is the act of a party which consists of filing multiple suits, simultaneously or successively, for the purpose of obtaining a favorable judgment (Leyson v. Office of the Ombudsman, G. R. No. 134990, April 27, 2000; Yulienco v. CA, G. R. No. 131692, June 10,1999; Chemphil Export & Import Corp. v. CA, G. R. Nos. 112438-39, December 12, 1995).
Friday, November 8, 2019
Fundamental Human Experience Essay Example
Fundamental Human Experience Essay Example Fundamental Human Experience Essay Fundamental Human Experience Essay 1) What fundamental human experience is being dealt with in this story The fundamental human experience that is being dealt with in the story 1955 is that Traynor could or would attain happiness through means of material possession and the accumulation of wealth. We see this idea develop throughout the story. In 1956 we find out that the song purchased from Gracie Mae Still for a mere $500.00 is now being performed on national television. Little mama, little mama, thereâ⠢s a white man on television singing one of your songs! Turn on channel 5. Lord, if it wasnâ⠢t Traynor (Walker479). Traynor later returns to Gracie Mae and the first thing she notices is that Traynor seemed to be aging by the minute (480). Walker then proceeds to further describe Traynorâ⠢s exhaustion at the Mae house by detailing his posture. His head was pitched forward over his lap, his hands holding his glass and his elbows on his knees (480). The description of how tired and unhealthy Traynor seems is immediately followed by Traynor telling Gracie Mae how much money h e is accumulating off of her song. Iâ⠢ve sung it and sung it, and Iâ⠢m making forty thousand a day offa it, and you know what, I donâ⠢t have the faintest notion what that song means (480). Traynors condition worsens as time goes on and as he becomes wealthier. Like Traynor is regressing in life, rather than progressing. Which one could find odd being that Traynor is surrounded by so much success and wealth. This regression is further substantiated in Gracie Maeâ⠢s description of Traynor on one of his later visits. I had been mad, but suddenly I calmed down. Traynor was talking very dreamily. It was dark but seems I could tell his eyeâ⠢s werenâ⠢t right. It was like something was sitting there talking to me but not necessarily with a person behind it (483). Traynors character consistently degenerates as his wealth accumulates. Not once to appear happy or satisfied. He even admits to hardly knowing his own wife, even most of the people around him. : 2) What insight into the human condition does this story present The insight into the human condition that this story presents is one of holding material possessions and wealth as equal to oneâ⠢s self worth and happiness. We see this throughout the story as Traynor constantly gives gifts to Gracie Mae. Nice cars, money, a chance to sing on stage, even a massive house. But not quite as big as his. Gracie refuses some of his gifts saying I donâ⠢t need this also always implying that she is content with what she has. This is an idea that Traynor fails to grasp. Another more vague insight into the human condition is how human fallacy does not discriminate between rich and poor. Most of the novel is dedicated to showing how wealth does not equate to happiness through Traynorâ⠢s experiences. Gracie lives a simpler, less wealthy life but is content. Walker portrays Gracie as wise and more in touch with what really matters in life when she speaks words of wisdom like you canâ⠢t sleep through life if you wants to live it (488). And how s he refuses gifts because she is content with what she has. However nearing the end of the short story we learn that Gracie Mae has also been suffering at the hands of her own perception of herself. She describes to us that fat is the hurt I donâ⠢t admit, not even to myself, and that I been trying to burry it since the day I was born (488). The words spoken by Gracie Mae show that rich or poor being human is being human and along with that comes all of the conditions that all of us must live with.
Tuesday, November 5, 2019
Medicalization Of Deviance Essays
Medicalization Of Deviance Essays Medicalization Of Deviance Paper Medicalization Of Deviance Paper In laymanââ¬â¢s term medicalization of deviance can be explained medical tag to unethical and social behaviors. Medications are available to cure any and usually every disease from anxiety to drug addiction, homosexuality, vandalism, unattractiveness, mental disorder etc. Introduction The procedure through which functions previously recognized by religion and the law in terms of defining what is normal or desirable versus what is deviant being labeled by some of the medicine. As we move ahead with time, medicine has made its ground stronger. Mecialization of deviances has altered the prospect of criminal minded to sick. For example, due to medical involvement drug and alcoholic addicts punishment has been replaced due to many form of deviance. Advantages Medicalization of deviance has many positive sides to it. It has given civilized outlook to medical deviance. Legal and moral issues now have been given a shape of deviance. Acts are no more considered good or evil but sick or well. This deviance had also made many conditions legal. Treatments for these medical deviances are not looked down upon but given a lot of regards. Remedies for such social controls appear to be more effective and flexible (Schneider, W Joseph, Conrad, Peter, 1992). Disadvantages Like every term, medicalizaton of deviance also has darker aspects to it. It makes individual take undue advantage of their actions using it as an alibi. They become irresponsible and consider medicine morally neutral. All the immoral actions are given leverage under this umbrella. Social controls are managed through medical prescriptions and an individualistic approach is build for these complex problems (Schneider, W Joseph, Conrad, Peter, 1992). These deviance can also be an analysis of medicalization of disorders. Forms of Medicalization of Deviance After the spread of medicalization of deviance unaccepted appearance (obesity, short height, skin disease, unattractiveness), life events (Birth, death), unethical believes (racism, cast and creed, mental disorder) and actions (taking drugs, drinking alcohol, gambling, sexual activities, physical abuse) started to fall under this category. Creating deviance as illness grants a humanitarian standing making it different from evil or crime. Due to deviance the historic trend of tagging illness is now given a new term which is more civilized (McGann, PJ, Conraad, Peter. 2007). Medicalization of Deviance amongst athletes Taking drugs to stimulate an athletesââ¬â¢ performance is considered unethical in every field of sport. No theory or term can justify this act. It is the duty of an athlete to make sacrifices to achieve top performance, be regular with their practices, stay committed and perform well. Boosting performance by taking alcohol and justifying it by calling it cultural norms or peer pressure is in my opinion wrong. Athletes will do any or go to any extent to remain in the game. But that makes them cross their moral limits. Deviances amongst athletes can be positive and negative. Positive deviance is when someone sports man looses extra weight to fulfill their requirement (gymnastic, swimming, skating). These behaviors trail the standard of sports ethic from health to unhealthy extent. Where as in negative deviance athleteââ¬â¢s behavior crosses the ethics of sports ethics (missing practices, not performing well, disobeying coach) (Atkinson, Michael, Young, Kevin, 2008). Conclusion Medical terminologies have been now adopted to understand such disorders. In my opinions it is imperative to draw a thick line between actions and illness that should and should not fall under this category. Curing a drug addict is certainly not bad but doing drugs in defense of mental disorder is wrong. Deviance of medicines should avoid being used as an excuse. References Atkinson, Michael, Young, Kevin (2008). Deviance and Social Control in Sport. Human Kinetics McGann, PJ, Conraad, Peter. (2007). Materializaton of Deviance. Blackwell Encyclopedia of Sociology. Retrieved on July 9, 2009, from http://sitemaker. umich. edu/pjmcgann/files/mcgann___conrad_2007. pdf Schneider, W Joseph, Conrad, Peter. (1992) Deviance and Medicalization. Temple University Press.
Sunday, November 3, 2019
How does the postmodern picturebook set out to capture both the adult Essay
How does the postmodern picturebook set out to capture both the adult and the child reader's interest - Essay Example This paper examines two postmodern childrenââ¬â¢s picture books, Voices in the Park, and The Stinky Cheese Man and Other Fairly Stupid Fairy Tales, and explains four techniques that they use to capture both the adult and the child readerââ¬â¢s interest, namely non-traditional plot structure, shifting character perspective, paratextual devices, and intertextual references. The postmodern childrenââ¬â¢s picture book does not exist in a vacuum, but follows a long history of writing and illustrating which goes back many centuries. It sets itself against the rather rigid traditional stories such as fables and fairy tales, which usually have an anonymous narrator who leads the reader along a steady chronological timeline through a single plot with key characters who play fairly predictable roles. Children and adults alike enjoy the comfortable framework that is provided, and there are conventions like a ââ¬Å"once upon a timeâ⬠beginning, some thrills and spills with good an d bad characters in the middle, and a nice, neat ââ¬Å"happy endingâ⬠in which all the loose ends of the plot are tied up. A postmodern childrenââ¬â¢s picture book relies upon this framework too, but in a different way. Instead of following these predictable patterns, it springs outside them and introduces different narrative voices and non-chronological structures to mix things up and make the story multifaceted. A good example of this is Voice in the Park which tells four stories in succession, all of which refer to the same actual time frame. No one narrative voice is dominant, and the perspectives of mother figure, father figure, girl figure and boy figure are allowed to coexist, even though they do not exactly agree with each other. Portraying them as gorillas is a clever technique which echoes older traditions of anthropomorphism but at the same time forces modern readers out of any race or class stereotypes: age and gender are what distinguish the characters, and the re is an equal number of each. There is no single plot in this book, but instead there is a spell of time in a park in which four people meet, and the book presents this from four different angles. In The Stinky Cheeseman there is a single narrator, who is the ââ¬Å"Jackâ⬠character from the well-known fairy tale ââ¬Å"Jack and the Beanstalkâ⬠but he appears in the book outside the confines of his own story, and interacts with characters from other tales such as the Little Red Hen and Little Red Riding Hood. None of the characters in the stories agree to play along with the original plotlines that adults especially will have learned, and the result is a kaleidoscope of fairy tale elements turned upside down. There are short tales within a tale, but the boundaries are fluid and characters appear in stories where they traditionally do not belong, all of which indicates a postmodern playfulness. The narrator is not in control of the stories, and the characters run amok. Thi s is an example of metafiction (Pantaleo, 2004, p. 213) because it draws attention to how the story is put together. This in turn stimulates discussion between readers about both the content of the story and the whole process of story formation, reading, listening and understanding. Returning to Voices in the Park, this book adult and child personas to engage both adult and child interest. Adults will be able to identify with the mother figure, criticising the
Friday, November 1, 2019
MRT Essay Example | Topics and Well Written Essays - 500 words
MRT - Essay Example al.). But taping when applied correctively by a skilled trainer or physician can have many more benefits. One of the most important is its ability to regulate the flow of lymphatic fluids throughout the injured area, as well as the regulation of swelling and improvement of bloodflow. These benefits, however, are not fully recognized by trainers; in one study more than half of people experiencing an elbow injury ââ¬â an injury that should respond well to taping ââ¬â never received the treatment (MacDermid et. al.). However, even given the fact that taping is sometimes underutilized in rehabilitation of soft-tissue injuries, it retains a broad applicability. It has been demonstrated to improve healing in a wide variety of injuries including ligament damage, hand fractures from repetitive stress (van Aken et. al.), ankle strains (Abian-Vicen et. al.), and elbow fractures (MacDermid et. al.). The most impressive aspect of taping is the fact that it seems to have no affect on many aspects of health and performance among people using it. While many medical and therapeutic techniques carry the risk of significant side effect, recent studies have indicated that taping has no affect on either jump or balance tests among trained gymnasts (Abian-Vicen et. al.). Given these results, people who are not participating in sports should notice only very minimal impact on their day to day lives. Taping, while valid in many situations, is obviously no panacea. While it responds well to some fractures, there are many which would be better if left untreated (MacDermid et. al.). Bruises and any surface injuries to soft tissues can be exacerbated by taping. Furthermore, there is a risk of misuse with taping, which can limit bloodflow, especially if patients begin attempting to treat themselves with taping rather than leaving it to skilled
Subscribe to:
Posts (Atom)