Censorship of Music is the Responsibility of the Parent Essay

Censorship of Music is the Responsibility of the Parent Censorship in music is a topic that has brought about much controversy over the past two decades. There have been many different arguments on the topic, however the question still lingers is should censorship still remain. Before you can form an opinion on this, you must hear both sides of the argument on this much-debated topic. Some people believe that music should be censored so all audiences can hear it without it containing any offensive lyrics. Others believe it should not be censored and musical artists should be able to speak, sing, rap, or rhyme freely without anyone censoring them. Whether a person finds a work obscene depends largely on his or her moral or religious†¦show more content†¦Many musical artists feel that when they are forced to change lyrics their rights are being violated. In some artists songs they like to express their feelings towards somebody or something, and it hurts them to be censored because the new words derived are not from their heart. Du e to the amendment made by our founding fathers I do not believe there will ever be an answer to the question whether or not music should be censored. The way I see it, it should not be censored. Many children often hear explicit language from older siblings or parents at an early age. They believe that since someone they look up to uses those words, they should too. Eventually, everyone will be exposed to language they do not find acceptable. Foul language is not permitted on Medias such as television or radio because it is an free access media. However, on albums the artist is allowed to use any words he or she sees fit. The vexing question, of course, is, Who should decide what you read or view- the church, the state†¦or you? (War of Words: The Censorship Debate by George Beahm page xiii) My opinion on that is : You. I still, however, find it unnecessary to censor stations generally viewed by mature audiences. It is now aShow MoreRelated Censorship: Helpful Or Hindering? Essay821 Words   |  4 PagesWhat exactly is censorship? Some feel censorship is a violation of their rights. Others say censorship is a must in the violent, abusive world we call â€Å"society.† Who has the right to censor? Who doesn’t? What needs to be censored, and what doesn’t? The fact of the matter is that there are many pros and cons in the music and entertainment industry about censorship. Personally, I believe that the consumers and viewers should be charged with the ultimate responsibility of censorship. One major areaRead MoreThe World All Types Of Music Artists1617 Words   |  7 Pagesall types of music artists are expressing their feelings and views in their works about what they see and what they know. Songs are best way of using freedom of speech right while expressing all feelings and emotions. The question is, are they really free to express their feelings wholly? Unfortunately they are not really free even though First Amendment says they are. Music is a big part in every individual’s life, and everyone has their own and unique tastes in the kind of music they listen toRead MoreMusic Censorship Essay625 Words   |  3 PagesMusic Censorship Since the being of time people have been making and listening to music. Music has been considered the best way to express ourselves. The Bible even talks about how music was used to praise God. Music has been used for all type of things ranging from to getting a girl to notice guy, trying to get over a broken heart, or maybe losing a love one. Now society says that music has become too violent and sexually oriented. Many people have different point of view on this topic someRead MoreCensorship And Censorship Of Music1544 Words   |  7 PagesThroughout the years, music has evolved and transformed in many ways. However, there are restrictions in today’s music, otherwise known as, censorships. A crisis has emerged concerning the issue of censorship. This argument consists of two possible stances: one, supporting the continuation of censorship, and two, eliminating the status quo of censorships in the music industry. There have been countless debates and arguments regarding the issues of censorship ever since the U.S. Congress passed theRead MoreEssay on America Needs Music Censorship550 Words   |  3 PagesAmerica Needs Music Censorship â€Å"Obscene: so excessive as to be offensive† (http://www.webster.com/cgi-bin/dictionary). This is the way the Webster dictionary defines obscene. How do you? Some say obscene is vulgar; others say the best way to describe obscene is through disgust. No matter how it is thought of, obscene material is everywhere in society. Television is becoming more liberal, magazines are less edited, and music is more abrasive. At some point, the public must put its foot downRead MoreThe Idea of Censorship952 Words   |  4 Pagesï » ¿Censorship Con The idea of censorship is based upon the idea that there are some things that people, especially young people, should not be exposed to. People must be protected from stories or images or ideas which may be upsetting. They must also be protected from negative things which they might try to emulate. There is an obvious flaw in this system of logic; this perspective assumes that people cannot think for themselves. If they are exposed to violence or sex or bad language, then they willRead MoreEssay on Censorship of Music1406 Words   |  6 PagesCensorship of Music In todays society, all types of music artists are expressing their views, opinions and feelings in their songs about what they see and what they know. This is on of the great things about this country, the freedom to express yourself. It is not fair, nor is it constitutional that music should be censored in anyway. It is not only rap music trying to be censored it is in all types of music. They are taking away their rights and it isnt fair. As reported in the New York TimesRead MoreCensorship of Music: Limiting One’s Rights Essay1072 Words   |  5 PagesMusic has been under scrutiny on behalf of censorship for decades. Censorship is defined as an authorization to examine material and to remove or suppress what is considered morally, politically, or otherwise objectionable. Lyrics are essential to nearly everything in music; its poems, ballads, monologues, etc. They may take the form of actual spoken or sung sounds or of written words, as literature does. Without the musical component, you’re left with literature and words; this leavesRead More First Amendment And Music Censorship Essay1284 Words   |  6 Pagesthe art form known as music. Musics verbal expression bonds our society through our emotions and experiences. This fundamental right of freedom of expression is being threatened by public and governmental groups who believe they have authority to monitor and decide what others should experience. The censorship of music lyrics is a violation of our First Amendment right, and public groups should not be allowed to bypass this right to censor obscene lyrics produced in the music industry. ThroughRead MoreReal Monsters : Tackling The Beast Of Censorship1680 Words   |  7 PagesMONSTERS: Tackling the Beast of Censorship As a seven year old I stumbled across a trailer for a new horror movie. I can’t remember the title, and I can’t remember the story, but to this day when it’s late at night and the house is silent I can sometimes hear the click click click of the creature’s long nails on my window. The things you see as a child can stay with you, as the monster did with me, so it’s no surprise that there is a such controversy over the topic of censorship in the media. Ultimately

Essay on Guilt In The Scarlet Letter And The Crucible

The presence of guilt has been felt by all human beings. As guilt grows in a person’s life it eventually begins to have a deteriorating effect on the individual. In both The Scarlet Letter and The Crucible more than one of the characters are experiencing some form of guilt and the effects of the public’s opinion on their own personal sins. Each character’s guilt originates from a different personal problem and with each character’s guilt comes a different reaction. Miller and Hawthorne use the source of guilt, the actions resulting from it and the eventual consequences to portray the concept of a guilty conscience to the reader.nbsp;nbsp;nbsp;nbsp;nbsp;†¦show more content†¦With Hester however, her guilt come from â€Å"’ the scarlet token of infamy on her breast and the sin-born infant in her arms â€Å"’(69). Her sin was already known and the only guilt that she felt was when she looked at her daughter or caught a glimpse of her letter in a mirror. The sources of guilt in the novels are not all the same, however in all situations, their guilt comes from some sort of sin, whether it be considered a sin in their heart, or in the eyes of others around them. nbsp;nbsp;nbsp;nbsp;nbsp; nbsp;nbsp;nbsp;nbsp;nbsp;As guilt exists in the lives of Hester, Dimmesdale, Elizabeth and Proctor, it brings them to respond to it in different ways. Dimmesdale’s guilt actually brings him to self destruction. His appearance begins to change drastically, he becomes pale and very sickly. He beats himself up inside and it was believed by some that he wore a scarlet letter â€Å"imprinted in his flesh†(240). So, not only was he scarred inside, but also outside. Proctor handled his guilt with a different approach. His actions towards his wife changed, in that he does nothing without looking to please her first. He hopes to gain her forgiveness in order to remove the weight off of his heart. The men in both situations are more dramatic and open with their guilt, however, the women keep it bottled up inside. Hester does nothing to express her guilt toShow MoreRelatedGuilt in the Scarlet Letter and the Crucible Essay995 Words   |  4 PagesScarlet Letter/Crucible Essay The presence of guilt has been felt by all human beings. As guilt grows in a persons life it eventually begins to have a deteriorating effect on the individual. In both The Scarlet Letter and The Crucible more than one of the characters are experiencing some form of guilt and the effects of the publics opinion on their own personal sins. Each characters guilt originates from a different personal problem and with each characters guilt comesRead MoreSimilarities And Differences Between The Crucible And The Scarlet Letter1111 Words   |  5 Pagesthe loss of control and power over the people. The Scarlet Letter written by Nathaniel Hawthorne and The Crucible by Arthur Miller depict those same societal issues. The Scarlet Letter explains the consequences, that a women has to face on her own after she committed adultery in a Puritan society. The Crucible follows the Salem witch trials and the mass hysteria of the people in, an also, Puritan society. Both The Scarlet Letter and The Crucible had a similar puritan society and way of questioningRead MoreSimilarities And Differences Between The Crucible And The Scarlet Letter864 Words   |  4 PagesMiller was born on October 17, 1915, and he published his play, The Crucible, in January of 1953. Nathaniel Hawthorne was born on July 4, 1804, and his book, The Scarlet Letter, came out to print in March of 1850. These two types of literature were published roughly 100 years apart, so there are minute changes in the way they were written. Both are set in early 1700’s Massachusetts, but The Crucible is in Salem, and The Scarlet Letter is set in Boston. There are many similarities and differences betweenRead MoreThe Crucible And The Scarlet Letter1322 Words   |  6 PagesThe Crucible and The Scarlet Letter have several commodities in common. A basic summary of The Crucible is, it’s about a village, Salem, in the 1600’s, wherein witchery is loose and several conflicted souls must be captured, purified, confessed, or hung. The attempt to dispose of all witchcraft was tampered with by citizens of Salem being dishonest and deceitful. Lots of the deception stemmed from the jealousy, vengeance, and other personal vendettas. The Scarlet Letter summarized is that it is aboutRead MoreThe Scarlet Letter And The Crucible821 Words   |  4 Pagesemitted in the Scarlet Letter and The Crucible. Both literary works share similar ideas, but also have quite a few differences. Nathaniel Hawthorne, the writer, utilizes symbolism for the scarlet letter, to be a symbol of Hester’s shame. The embroidered â€Å"A† on Hester’s bosom symbolizes the sin of adultery which she had committed. Not only was the sign of embarrasment used but also the scaffold had great importance in the Scarlet Letter. The scaffold was used as place of humiliation and guilt, where theRead MoreThe Scarlet Letter And Arthur Miller s The Crucible1050 Words   |  5 PagesNathaniel Hawthorne’s The Scarlet Letter and Arthur Miller’s The Crucible, the repercussions of committing adultery are exhibited through characters in two different puritanical societies. Arthur Dimmesdale, Hester Prynne, John Proctor, and Abigail Williams are all victims to this. Despite living in sincere societies, these characters behave hypocritically in order to hide a concealed truth, resulting in internal ignominy, until they ultima tely confess. Arthur Dimmesdale shows his guilt and hypocritical natureRead MoreThe Scarlet Letter and The Crucible Essay example1847 Words   |  8 PagesHuston  1   Zakary  Huston   Mr.  Montalbano   AP  English  Language  and  Composition   11  August  2014   The  Scarlet  Crucible      Both  Arthur  Miller’s  Ã¢â‚¬â€¹ The  Crucible​   and  Nathaniel  Hawthorne’s  Ã¢â‚¬â€¹ The  Scarlet  Letter​   include   instance  of  settlers  of  the  New  England  colonies  being  affected  by  Puritan  law.  Their   commentary  on  Puritan  society  is  spread  throughout  their  works.  Their  views  on  the  laws  set   forth  by  Puritanism  are  easily  found  within  their  stories  about  the  various  occurrences  in  a   theocracyRead MoreJohn Proctor And The Scarlett Letter1299 Words   |  6 PagesDuring the 16th and 17th century a group of reformed protestant called Puritans had a profound effect on the establishment of Religion, this influenced early American society. Arthur Miller’s, The Crucible and Nathaniel Hawthorne’s, The Scarlett Letter texts prevail the theme of Religion and Adultery. These particular authors wrote during the Puritan times and conveyed this time period in their texts while exploring the similarities and difference of Religion and Adultery in the Puritan CommunityRead MoreConfession And Acceptance Of The Crucible By Nathaniel Hawthorne1969 Words   |  8 Pagespeople underestimate the powerful affliction that is guilt. People think that if they simply turn their back on what they have done and to the feelings of remorse over the wrongdoing, these feelings will eventually subside. However, this is not the case, as the moment one turns his or her back on feel ings of guilt is the exact moment it sneaks up behind that person and eats him or her alive. In 1850, Nathaniel Hawthorne published The Scarlet Letter, which tells the story of two people who commit adulteryRead MoreThe Scarlet Letter And The Crucible1502 Words   |  7 PagesThe Scarlet Letter and The Crucible are two stories both set in the early days of the Massachusetts colony. Both of these stories have many similarities between them, including setting, situations, and conflict. The two stories were also very different. The effects of sin on the characters, how they deal with their sin, and the consequences of their actions are different in each story. The Crucible and The Scarlet Letter are different works and although they deal with similar conflicts the consequences

Anucha Browne Sanders vs Madison Square Graden Free Essays

The executive, Anucha Browne Sanders, has asked for an additional $9. 6 million in compensatory damages, which the judge will decide on in the coming weeks. The Garden and Mr. We will write a custom essay sample on Anucha Browne Sanders vs Madison Square Graden or any similar topic only for you Order Now Thomas said they would appeal. Ms. Browne Sanders accused Mr. Thomas of verbally abusing and sexually harassing her over a two-year period. Less than a month after she formally complained to the Garden, the company chairman, James L. Dolan, fired her. In court, the Garden cited numerous explanations for the dismissal, including poor job performance and the claim that she had interfered with the Garden’s internal investigation of her accusations. Ms. Browne Sanders, who wept when the decision was read, described her victory as important for â€Å"the women who don’t have the means and couldn’t possibly have done what I was able to do,† and for â€Å"everybody that cares about working in a civil work environment. † Mr. Thomas emerged from the courthouse and said, â€Å"I want to say it as loud as I possibly can: I am innocent; I am very innocent. I did not do the things that she accused me in the courtroom of doing. † Patting his chest for emphasis, he added, â€Å"I am extremely disappointed that the jury did not see the facts in this case. I will appeal this. † The sordid four-week trial was the latest chapter in the story of a once-respected N. B. A. franchise. During Mr. Thomas’s nearly four-year tenure as president and now coach, the team has spent millions on free agents without any progress toward a championship. And still to come, the Garden faces a second sexual harassment trial brought by a former Rangers cheerleader against team officials. The Garden was ordered to pay $6 million for subjecting Ms. Browne Sanders to a hostile work environment and another $2. million for firing her in retaliation. The jury ordered that Mr. Dolan pay $3 million for the retaliation. In his testimony, Mr. Dolan said that he alone made the decision to fire her. Mr. Dolan had no comment on the verdict or the award. Although found liable, Mr. Thomas will not have to pay any of the punitive damages for sexually harassing Ms. Browne Sanders with unwanted sexual advances. One holdout on the seven-member jury kept the panel from holding him financially responsible for the harassment. The juror Sally Anne Foster, 49, of Cortlandt Manor, N. Y. said it was just â€Å"different personality traits† among the jurors that led them to hold Mr. Dolan, not Mr. Thomas, financially liable for Ms. Browne Sanders’s claims. Asked if she believed Mr. Dolan’s testimony, Ms. Foster said: â€Å"I can’t say. I’m not a psychiatrist. † United States District Court Judge Gerard E. Lynch is expected to make a decision as early as next month on compensatory damages for Ms. Browne Sanders, a formerNorthwestern University basketball star and mother of three, who was fired in January 2006 from her $260,000-a-year job as the Knicks’ senior vice president of marketing. She said that the firing by Mr. Dolan led her to search for more than year to find her current job as the associate athletic director at the State University of New York at Buffalo, at about half her salary with the Knicks. The trial painted Mr. Thomas as the foul-mouthed president of basketball operations who clashed with Ms. Browne Sanders about their executive responsibilities. It featured testimony about sex between the team’s star,Stephon Marbury, and a Knicks intern in his truck; a slipshod internal Garden investigation of Ms. Browne Sanders’s claims; and the hiring of Mr. Marbury’s cousin and a boyfriend of Mr. Dolan’s stepdaughter as Knicks employees. The trial and the verdicts exposed more concern about the state of the Knicks, and the Garden, under Mr. Dolan’s leadership. Mr. Thomas stepped in to coach after Mr. Dolan fired Larry Brown, who received an $18. 5 million contract settlement during an arbitration by N. B. A. Commissioner David Stern. The Garden refused to settle the case against Ms. Browne Sanders, exposing the organization to ridicule in newspapers and in television reports. But the verdicts will not lead to sanctions by the league. Although the league penalizes players, coaches and team owners for criminal infractions, said Tim Frank, the league’s vice president for basketball communications, â€Å"Our policies do not encompass civil litigation. † The claims that Ms. Browne Sanders made against Mr. Thomas appeared to come down to a test of her credibility as a little-known executive against his celebrity standing and Hall of Fame status. Her claims that he repeatedly referred to her as a â€Å"bitch† and made unwanted advances had little corroboration from witnesses. Still, they stood up to a barrage of testimony by witnesses for Mr. Thomas and the Garden that her job performance had dramatically floundered in 2005. â€Å"If this was something I made up, it would have been a lot juicier,† Ms. Browne Sanders said in an interview. After the verdict, Mr. Thomas left for the Knicks’ training camp in Charleston, S. C. , where he arrived later in the afternoon. Ms. Browne Sanders gathered with her legal team and relatives for a prayer circle outside the courthouse. In its statement, the Garden said, â€Å"We look forward to presenting our arguments to an appeals court and believe they will agree that no sexual harassment took place. Carl Tobias, a professor at the University of Richmond Law School and a former civil litigator, doubted the appeal would succeed. â€Å"The jury heard the facts and it is unusual that an appeals court would overturn a jury finding which was so fact-intensive,† he said in a telephone interview. â€Å"There isn’t much basis unless there was a legal error, and Jud ge Lynch has a very good reputation for making sure his cases are fairly and properly tried. † Tobias said that the jury not holding Mr. Thomas financially liable â€Å"is not a large enough inconsistency that could have this overturned. † How to cite Anucha Browne Sanders vs Madison Square Graden, Papers

A Civil Action - Movie free essay sample

The Marxist approach can best explain the process and outcome of the case in A Civil Action. Section 1: Karl Marx sided with three principles regarding law and how it relates to the upper and lower classes in society. They are: law is a product of evolving economic forces; law is a tool used by the ruling class to maintain its power over the lower class and the means of production are owned by the ruling class. Marx believed that law is a structure of power. In this case the victims of families were the working class and the powerful corporations such as Beatrice Foods and W. R. Grace and Company are the ruling class. These two companies own their means of production meaning they do not need resources from others in order to keep their businesses running smoothly. Facher and Cheeseman, the defendants of the case, knew that the opposing side was not set financially. This gave them the opportunity to draw out the case as long as possible while Schlichtmann’s firm would be struggling to get by financially day by day. Not only to the defendants control the means of production but also they had professionals to clean up the â€Å"dirty† work that could possibly cause harm to others. This way it is even more difficult to find flaws in the company and reveal their mistakes. However this case does relate to a Marxist approach when dealing with the conflict theory. Marx believed that the bourgeoisie would always rule over the proletariat unless the members of proletariat would rise up and rebel against the ruling class. The case from this movie relates to Marx’s conflict theory because it shows what the working class had to rebel against. At first Anne Anderson and other affected families did not agree that $8 million was enough in the settlement. The bourgeoisie in A Civil Action committed crimes of dumping toxic waste and illegally withholding information. All of the complaining by families about the settlement not being enough forced Jan Schlichtmann to go back to the â€Å"board† and find more information on the case. Eventually Schlichtmann found enough information to find that the defendant’s were guilty, but it was financially hard for him to start an appeals case with no other lawyers on his side. His lawyers within the firm left after they decided the firm was not working collectively as a team. This case relates to Marx’s theory because the working class families in the movie eventually get a settlement that they deserve after the losses that occurred to them. The two huge corporations admitted that they had done wrong and also provided funds in hopes of the situation not happening again. Section 2: The research for this lawsuit begins when Anne Anderson’s son dies of leukemia. She believes that there are a number of harmful toxins that are dumped into the river that is connected to the city’s drinking water located in Woburn, Massachusetts. Between 15 years after the first incident, 12 children around the city of Woburn die from the effects of leukemia. Other families agreed with Anne Anderson that their children contracted leukemia from drinking the city’s water through the tap available in homes. Anne Anderson gets all of the families’ children who die from leukemia to group together and get Jan Schlichtmann to represent them as their lawyer. When Anne Anderson and other affected families presented their situation to Schlichtmann, they said they would be content with an apology from the responsible party. Schlichtmann knows that him and his small firm, Schlichtmann Conway Crowley, need lots of money in order to get an apology from whoever was responsible for contaminating the city’s water. Despite the need for more money in a large case like this, Jan Schlichtmann and his firm stop working on all cases except the Anne Anderson at el. , case. His firm began to have no other income for the expenses of the case. In this situation, Schlichtmann’s firm decides to pursue Beatrice Foods and the W. R. Grace and Company for the losses of children these families had to deal with. Originally when this case was presented to the major firms in the area, no one wanted accept the case. It was unwanted, so it became known as orphan case because it was believed that there would be no financial gain from the case. Similar to an orphan waiting to be brought into a home, there were many victims waiting to be brought justice by a lawyer. With this case being a civil case and a personal injury lawyer on the plaintiff’s side, there was room for questions about why Jan Schlichtmann wanted to take this case. Many personal injury lawyers are viewed in the public as bottom feeders or vultures that prey on the misfortunes of others. For example, in the beginning of the film there is a scene where Schlichtmann sees a man holding his head after a car accident. The lawyer from Cornell (Schlichtmann) instantly gives the man in pain his business and tells him to call him (for financially pursuing the person who inflicted the pain). The case involving Anne Anderson and other families who had children that died from leukemia because of the water’s city was the least concerns of any law firms. This was due to the fact that representing dead children in court will provide the least amount of financial gain. The perfect victim for a civil attorney is a â€Å"white male professional struck down at the height of his career†. A dead person is less valuable compared to a severely maimed person. A middle aged man is more valuable compared to someone that is in their mid 20’s. A woman is less valuable that a man; A single person is less valuable than a married one. A rich person is more valuable than a poor person, while being a black victim is less valuable than being white victim. Civil court is where the money lies within the justice system. Civil actions cases are worth more than criminal cases. 5% of all cases are civil cases with criminal cases being the lowest percentage of any case to occur. Many firms were afraid to go after the big corporations on the opposition but not Schlichtmann. Jan Schlichtmann, Kevin Conway and Bill Crowley represent the plaintiffs. A financial advisor in the firm also accompanies them. The main two lawyers that represent the defendants are Jerom e Facher (Beatrice Foods) and Will Cheeseman (W. R. Grace and Company). The defendants had millions of dollars to use for the case while Schlichtmann’s firm had a hard ime paying for an type of evidence that was found using their resources. The lawyers solely handled the case and a jury decided the outcomes. Lawyers decide how to approach cases and arguments rather than the victims choose what points to argue and what not to argue. If a settlement occurs or is close to occurring lawyers have the decision to claim the price they want or continue to negotiate. Each lawyer has intimate relationships within the system. There are a few more people involved with the case such as the Judge Walker Skinner, prosecutors, police and jurors. Upon examination of the Schlichtmann firm it seems as if the three lawyers and the financial advisor operate as a unit because of the similarities of being lawyers and dealing with the same issues in their firm. But if a person were to examine how effectively the group acts on a constant basis, things are not as easy as it seems. When it came time to settle the Schlichtmann firm was given two opportunities. The first meeting for a settlement Jan Schlichtmann asked for $320 million in order to pay themselves, the families’ suffering and a create a clean up project. Jan’s firm partners looked shocked when he started going over $25 million. The defendants instantly deny the settlement offer and have their minds set on getting the case tried in a courtroom. By the end of the case the highest settlement offer Schlichtmann’s firm offered was a settlement of $8 million. At first Jan did not want to settle at $8 million even though the financial advisor said $8 million would get everyone financially stable again. Everyone except for Jan did not want to take the $8 million for a settlement. About a week later they end up accepting the settlement due to the fact that the Schlichtmann firm was so broke that they were close to filing bankruptcy. These two miscommunications about settlements shows that the firm is not as perfect as it seems. If the lawyers within the firm cannot discuss and come to agreements with lawyers in the firm, they are not working as a cohesive group. These lawyers that are in Schlichtmann’s firm act as friends but only because they have to in order to achieve a common goal; win the case to make money. The social status of these players places them at the top of the list because they are white middle age males with important professions, being lawyers. As the movie goes on, there is a trend that the lawyers do not go home even to sleep or eat. Most of the time, they are in the work place and work in a sense becomes the home facility. In the community all those who know and understand the importance of being a lawyer respect these lawyers. The people in Schlichtmann’s firm are all integrated into the community in two ways. The first way is because they are a firm that files civil suits, giving them the option to help people in the community. The second way they are integrated in the community is through the status of the firm. Schlichtmann Co is a small firm that limits their options when it comes down to what case they are going to stick with. The firm does not have many resources so it does not look to represent national corporations in lawsuits but rather individuals or small families within Massachusetts who need some financial aid. In order to become a successful lawyer the saying goes â€Å"it’s not what you know, its who you know†. The better networking a lawyer has, it makes it easier for them to obtain resources to further a case. In the justice system, there are many people who have Ivy League law degrees giving lawyers a chance to connect with the judges. Since many judges were former prosecutors, they may have a connection to lawyers that approach their stand and may tend to agree with their statements. For example, the networking obtained from having an Ivy League degree can boost the chances of that person winning a case. People that graduate with a professional degree from an Ivy League school are sought after in the real world. There are constant email blasts from Ivy League graduates to fellow graduates about job offerings or help offered within the community of the graduate pool. In A Civil Action, there is a scene where Jan Schlichtmann gets invited to the Harvard Club (of Law) in New York by one of the Grace executives named Al Eustis. Al Eustis is a Harvard graduate and assumes that Schlichtmann is a Harvard graduate as well because he received information from a friend stating that. When Schlichtmann arrives to the Harvard Club he makes it clear that he is not to be confused with a Harvard graduate because he received his law degree from Cornell University. After hearing this information, Al Eustis’s whole body language changed and Jan went from being the Harvard friend to the Cornell enemy. Eustis almost tries to deny Schlichtmann and does not hear what he has to say simply because he went to a rival school, Cornell3. Eustis refuses to settle at anything over $8 million because he feels that the company would be coming off as guilty by settling a case with anything over that price. If Schlichtmann had been in the same situation but been a Harvard graduate the settlement probably would have gone up and Eustis would have been more friendly and open to hearing any information. The relationship between the plaintiff’s lawyers and defendant’s lawyers is a complicated one. â€Å"Keep your friends close, and your enemies closer†. This is how lawyers feel when dealing with the opposing side (enemy). Each lawyer from the case knows the same amount of background information but each player also has information that they do not want the opposing side to know about. Lawyers approach a lawsuit as if it is war. First, there is a declaration of â€Å"war† meaning the plaintiff provides details on why they are suing the defendant. Then there is a battle. Players that are dealing with the case risk a lot financially and emotionally but the chances of winning give the lawyers a reason to stay involved with the case. It is all a game and the winner takes all.

Totalitarian Agriculture Essays - Population, The Story Of B

Totalitarian Agriculture The idea of Totalitarian Agriculture is scary. Especially considering the fact that it is the exact type of agriculture that is being used in every civilization except for the remaining tribal peoples of the world. I will try to define Totalitarian Agriculture here: ?According to an ethics, followed by every sort of creature within the community of life, sharks as well as sheep, killer bees as well as butterflies, you may compete to the full extent of your capabilities, but you may not hunt down your competitors or destroy their food or deny them access to food. In other words, you may compete, but you may not wage war. This ethics is violated at every point by practitioners of totalitarian agriculture? (Story of B 260). I will refer to the users of Totalitarian Agriculture as OUR culture because we all practice the same type of lifestyle concerning agriculture. In this paper, I will present the arguments against Totalitarian Agriculture, and also discuss its potential impact in the earth in years to come. Origins of Totalitarian Agriculture Human beings appeared on this earth hundreds of thousands of years ago and eventually formed into tribes. They lived the life of hunter-gatherers and flourished at it, although not to our standards of population explosion, but they prospered nonetheless. The population of humans steadily grew at a very calm rate, ?On the average, our population was doubling every nineteen thousand years. That's slow---glacially slow? (The Story of B 288). Then something happened. In the region of land between the Tigris and Euphrates rivers in what is now ancient Mesopotamia, and agricultural revolution was started bringing the practice of Totalitarian Agriculture. The human population started to grow at an exponential rate. This is the beginning of our culture, 10,000 years ago. Why totalitarian agriculture? You got me. It is really hard to knock Totalitarian Agriculture since it is the foundation of our culture and the sustenance of our lives. If Totalitarian Agriculture were to disappear tomorrow, then our culture would be obliterated by starvation. This is not so for the remaining tribal peoples of the world. They are fully well capable of surviving on their own just the same as humans have been since there were humans. Thinking about this further made me think about the reasons for adopting this practice. Our culture practices working to grow and produce food, locking it up, and then forcing people to pay to get it. before the agricultural revolution 10,000 years ago, humans had been living successfully as hunter-gatherers for a hundred thousand years, so asked myself what was the reason for this sudden mind change to the practice of Totalitarian Agriculture? One answer is due to the vast amounts of food surpluses that are created with totalitarian agriculture. This is part of the an swer to the next reason for totalitarian agriculture, which is power and expansion. The founders of totalitarian agriculture thought that their way to live was the one right way for all humans to live. These vast surpluses of food enabled this culture to expand into surrounding territories near the Tigris and Euphrates rivers, and use force to take the land from tribal peoples. So now, the first generations of our culture putting food under lock and key, could expand their territories and use the newly acquired land for, guess what? More farming and agricultural growth! Amazing how that works isn't it? Put food under lock and key, use surpluses to support expansion into surrounding territories, and convert it into farmland to increase your culture even further. This culture was expanded so much so that it became the culture that each of us participated in today. All of this equals growth at an exponential rate. Why not totalitarian agriculture? Totalitarian agriculture is against the laws of nature. Surely it is not within the laws of nature to hunt down your competitors and destroy them as well as their access to food. The natural order of things in nature when it comes to food competition is exactly that: compete, but do not wage war. The very nature of totalitarian agriculture is to have productivity to the max, which then produces food surpluses to the max. Somehow we got the idea that

The stranger essays

The stranger essays "You will never be happy if you continue to search for what happiness consists of. You will never live if you are looking for the meaning of life." Albert Camus Life. This little four-letter word is so perplexing and difficult to define. Sure, Webster has its own definition. Yet, scholars and philosophers continue to search for its meaning and purpose. Others look towards religion and faith to guide them. Then on the other side there are existentialists. They believe in individual existence, freedom and choice. Because humans can make their own choices, existentialists think humans create their own nature. Likewise, the literary works of Albert Camus reflect this idea of existentialism. He shows how a man can accept the choices he made, appreciate the life he is given, realize the absurdity of life, keep his beliefs and prepare for death. In his novel, The Stranger, the protagonist, Meursault, experiences more freedom when confined in a prison than when he was living in the outside world. While awaiting death in a prison, the main character, Meursault took responsibility for the choices he made in life. As we know, throughout the novel, Meursault was passive; he was like a leaf being blown in different directions. For example, he made the conscious choice not to see his mother's body in the casket. Most people would want to pay their respects and see the body of their loved one for a last time. This wasn't the case with Meursault. The reason wasn't because he was too shocked or upset; he just didn't feel like it. This indifferent attitude was common in Meursault. "Then I felt like having a smoke. But I hesitated, because I didn't know if I could do it with Maman right there. I thought about it; it didn't matter" (8). Not only did he abandon the custom and not look at her body, he smoked and drank coffee near her casket. Another choice he made was to start a "relationship" with Marie. The day after he came back from his moth...

Thermodynamics Paper Essay Example | Topics and Well Written Essays - 500 words

Thermodynamics Paper - Essay Example With most substances, the temperature and pressure related to the triple point lie below standard temperature and pressure and the pressure for the critical point lies above standard pressure.   Generally, at normal pressure, as temperature rises, most substances convert from their solid state, to liquid and lastly to a gaseous state. In the same reverse sequence, at standard temperature as pressure decreases, most substances change from the gaseous state to liquid and eventually to the solid state. As noted earlier there are three states of matter, these state are commonly referred to as the phases and they are gas, liquid, and water. In addition to this it is well evidenced that most substances can exist in different states under different conditions, mainly the surrounding temperature and pressure. In the case of water it exists as a solid i.e. ice at temperatures below 0o  C, and as a gas at temperatures above 100o  C. It is important to understand that in most cases the evaluation of these different states is commonly carried out in the near earth environment. This is important to be noted because any given environment is mainly characterized by the temperature and pressure (Gupta 180). Hence under these two parameters, water is in its liquid state at normal atmospheric pressure and at a temperature of 99o  C, however, when the pressure is at 71 cm and the temperature remain constant at 99o  C the phase is changed to a gas. In most substances their boiling points are lowered as the pressure decreases, moreover, their melting point reduces as the pressure decreases. However, the melting point of water is an exception to this rule; ‘It gets lower as the pressure gets higher’ (Gupta 79) Real gases react in the same way just like ideal gases at high temperatures. However, under low temperatures the connections between the molecules and their volume

Woolley v. Hoffmann-La Roche, Inc. and Lucy v. Zehmer Essay

Woolley v. Hoffmann-La Roche, Inc. and Lucy v. Zehmer - Essay Example In that case, the court is changing the employment law in Jersey State. In such a case when the plaintiff is not available, it is impossible to continue with the case, and automatic cessation of the case occurs. Any death occurring before the case is over and the jury have made the decision leads to final disqualification as one party that had information on the case is no longer available. The court is in the process of changing the court analysis in the country. The opinions of the employer are fair. Basic honesty is necessary in employment contracts. The jury had to make tight decisions since it is dependable on the future judgments. The common law of the country should hence be promoted for the sake of justice (Werhane, Radin, Bowie, & Wiley, 2004). For the employer to avoid such future problem, he should ensure that the employment manual is different from the employment contract to make everything clear. The whole task of selling the land ends up in a total dispute. It is accompanied by corruption such as bribing for the sake of convincing the buyer to fix the bargain. In addition to that, it seems that Zehmer was intoxicated with â€Å"drinks â€Å"at the time of the sales process, later confirming that the whole process was a joke. In addition to that, the price for the quoted land is far much low according to the economic standards, such that one may see it a joke buying such huge piece at such a low price. Zehmer also makes a commitment to sell the farm without making a prior and sober agreement with the wife but simply seduces her to sign the offer. If the defendants were in a position to accept that the whole process was a foul and joke, it would have implications or any change. It would remain a breach of contract of sale between the two parties. When one is making an agreement to sell a property or for employment purposes, he should note that, it remains critical to submit to the terms of the offer and to oblige to it in full. In the

The Republic Book 8. According to Plato, what are the weaknesses of a Essay - 1

The Republic Book 8. According to Plato, what are the weaknesses of a democracy What do you think of Plato's argument - Essay Example ality of the individuals in the democracy creates a society with several constitutions and once the democracy is established, there is no requirement to rule or to be ruled. Sophistication is also deemed necessary among the people in the city and tolerance as another chief yet weak characteristic is only thought to be complete if it is working for the benefit of the majority. The way I see it, Plato presents a rather limited perspective of democracy, following a condition that is absolute on its own and occurs incapable of adjustments when in fact there is governing constitution to regulate freedom so as to avoid any tendency of its extreme unruly utilization. Prior to initiating propositions, despite most of his reliable philosophical thoughts, Plato could have considered extending borders for his analysis of the prevailing political system and situation in the democratic society and seek ways for democracy to maintain balance of liberty and power as well as respect for authority of the ruling

Reflection on Nursing Communication Scenario

Reflection on Nursing Communication Scenario INTRODUCTION TO COMMUNICATION SKILLS Communication is a vital part of the nurses role. Theorists such as Peplau (1952), Rogers (1970) and King (1971) all emphasise therapeutic communication as a primary part of nursing and a major focus of nursing practice. Long (1992) further suggests that communication contains many components including presence, listening, perception, caring, disclosure, acceptance, empathy, authenticity and respect. Stuart and Sundeen (1991, p.127) warn that while communication can facilitate the development of a therapeutic relationship it can also create barriers between clients and colleagues. Within Healthcare, communication may be described as a transitional process that is dynamic and constantly changing (Hargie, Saunders and Dickenson, 1994, p.329). It primarily involves communication between the nurse and the patient. If the interaction is to be meaningful, information should be exchanged; this involves the nurse adopting a planned, holistic approach which eventually forms the basis of a therapeutic relationship. Fielding and Llewelyn (1987) contend that poor communication is the primary cause of complaints by patients. This is supported by Young (1995) who reports that one third of complaints to the Health Service Commissioner were related to communication with nursing staff. Studies by Boore (1979) and Devine and Cook (1983) demonstrate that good communication actually assisted the rate of patient recovery thus reducing hospital admission times. This suggests that good communication skills are cost effective. In this assignment, I have reflected on situations that have taken place during my clinical work experience. These situations have helped to develop and utilise my interpersonal skills, helping to maintain therapeutic relationships with patients. In this instance, I have used Gibbs (1988) reflective cycle as the framework for my reflection. Gibbs (1988) reflective cycle consists of six stages in nursing practice and learning from the experiences. Description of the situation that arose. Conclusion of what else would I could have done. Action plan is there so I can prepare if the situation rises again. Analysis of the feeling Evaluation of the experience Analysis to make sense of the experience My Reflective Cycle Baird and Winter (2005) illustrate the importance of reflective practice. They state that reflecting will help to generate knowledge and professional practice, increase ones ability to adapt to new situations, develop self esteem and greater job satisfaction. However, Siviter (2004) explains that reflection is about gaining self confidence, identifying ways to improve, learning from ones own mistakes and behaviour, looking at other peoples perspectives, being self aware and making future improvements by learning from the past. I have come to realise that it is important for me to improve and build therapeutic relationships with my patients by helping to establish a rapport through trust and mutual understanding, creating the special link between patient and nurse as described by Harkreader and Hogan (2004). Peplau (1952), cited in Harkreader and Hogan (2004), notes that good contact in therapeutic relationships builds trust as well as raising the patients self esteem, often leading t o the patients personal growth. Ruesh (1961), cited in Arnold and Boggs (2007), states that the purpose of therapeutic communication is to improve the patients ability to function. Therefore, in order to establish a therapeutic nurse/patient interaction, a nurse must possess certain qualities e.g. caring, sincerity, empathy and trustworthiness (Kathol, 2003) (P.33). These qualities can be expressed by promoting effective communication and relationships by the implementation of interpersonal skills. Johnson (2008) defines interpersonal skills as the ability to communicate effectively. Chitty and Black (2007, p 218) mention that communication is the exchange of information, thoughts and ideas via simultaneous verbal and non verbal communication. They explain that while verbal communication relies on the spoken word, non-verbal communication is just as important, consisting of gestures, postures, facial expressions, plus the tone and level of volume of ones voice. Thus, my reflection i n this assignment is based on the development of therapeutic relationships between the nurse and patient using interpersonal skills. My reflection is about a particular patient, to whom, in order to maintain patient information confidentiality (NMC, 2004), I will refer to as Mr R. It concerns an event which took place when I was working on a surgical ward. Whilst there were male and female wards, female and male surgical patients were encouraged mingle. On this particular day, I noticed that one of the male patients was sitting alone on his bed. This was Mr R., a 64 year old gentleman who had been diagnosed with inoperable cancer of the pancreas, with a life expectancy of 18-24 months. He was unable to control his pain, and whilst some relief could be provided by chemotherapy, Mr R. had a good understanding of his condition and knew that there was no cure available. He was unable to walk by himself and always needed assistance even to stand up or sit down. Because of his mobility problems I offered to get him his cup of tea and I then sat with him as he was lonely. I would now like to discuss the feelings and thoughts I experienced at the time. Before I gave Mr R. his cup of tea, I approached him in a friendly manner and introduced myself; I tried to establish a good rapport with him because I wanted him to feel comfortable with me even though I was not a family member or relative. When I first asked Mr R. if I could get him a cup of tea, he looked at me and replied I have asked the girl for a cup of tea, I dont know where she is. I answered Well, I will see where she is and if I cant find her, I will gladly get one for you Mr R. In doing this, I demonstrated emphatic listening. According to Wold (2004, p 13), emphatic listening is about the willingness to understand the other person, not just judging by appearance. Then I touched MrR.s shoulders, kept talking and raised my tone a little because I was unsure of his reaction. At the same time, I used body language to communicate the action of drinking. I paused and repeated my actions, but this time I used some simple words which I though Mr R. would understand. Mr R. looked at me and nodded his head. As I was giving him his cup of tea, I maintained eye contact as I didnt want him to feel shy or embarrassed. Fortunately, using body language helped me to communicate with this gentleman. At the time I was worried that he would be unable to understand me since English is not my first language but I was able to communicate effectively with him by verbal and non-verbal means, using appropriate gestures and facial expressions. Body language and facial expressions are referred to as a non-verbal communication (Funnell et al. 2005 p.443). I kept thinking that I needed to improve my English in order for him to better understand and interpret my actions. I thought of the language barrier that could break verbal communication. Castledine (2002, p.923) mentions that the language barrier arises when individuals come from different social backgrounds or use slang or colloquial phrases in conversation. Luckily, when dealing with Mr R. the particular gestures and facial expressions I used helped him to understand that I was offering him assistance. The eye contact I maintained helped show my willingness to help him; it gave him reassurance and encouraged him to place his confidence in me. This is supported by Caris-Verhallen et al (1999) who mention that direct eye contact expresses a sense of interest in the other person and provides another form of communication. In my dealings with Mr R., I tried to communicate in the best and appropriate way possible in order to make him feel comfortable; as a result he placed his trust in me and was more co-operative. Evaluation In evaluating my actions, I feel that I behaved correctly since my actions gave Mr R. both the assistance he needed and provided him with some company. I was able to successfully develop the nurse-patient relationship. Although McCabe (2004, p-44) would describe this as task centred communication one of the key components missing in communication by nurses I feel that the situation involved both good patient and task centred communication. I feel that I treated Mr R. with empathy because he was unable to perform certain tasks himself due to his mobility problems and was now refusing chemotherapy. It was my duty to make sure he was comfortable and felt supported and reassured. My involvement in the nurse-patient relationship was not restricted to task centred communication but included a patient centred approach using basic techniques to provide warmth and empathy toward the patient. I found that I was able to improve my non-verbal communication skills in my dealings with Mr R. When he first mentioned having chemotherapy, he volunteered very little information, thus demonstrating the role of non-verbal communication. Caris-Verhallen et al (1999, p.809) state that the role of non-verbal communication becomes important when communicating with elderly people with incurable cancer (Hollman et al 2005, p.31) There are a number of effective ways to maximise communication with people, for example, by trying to gain the persons attention before speaking this makes one more visible and helps to prevent the person from feeling intimidated or under any kind of pressure; the use of sensitive touch can also make them feel more comfortable. I feel that the interaction with Mr R. had been beneficial to me in that it helped me to learn how to adapt my communication skills both verbally and non-verbally. I used body language to its full effect since the language barrier made verbal communication with Mr.R. difficult. I used simple sentences that Mr R. could easily understand in order to encourage his participation. Wold (2004, p.76) mention that gestures are a specific type of non-verbal communication intended to express ideas; they are useful for people who have limited verbal communication skills. I also used facial expressions to help encourage him to have chemotherapy treatment which might not cure his problem but would give him some relief and make him feel healthier. Facial expressions are the most expressive means of non-verbal communication but are also limited to certain cultural and age barriers (Wold 2004 p.76). My facial expressions were intended to encourage Mr R. to reconsider his decision with regard to chemotherapy treatment. Whilst I could not go into all the details about his treatment, I was able to advise him to complete his treatment in order to alleviate his symptoms. Analysis In order to analyse the situation, I aim to evaluate the important communication skills that enabled me to provide the best level of nursing care for Mr R. My dealings with Mr R. involved interpersonal communication i.e. communication between two people (Funnell et al 2005, p-438).I realised that non-verbal communication did help me considerably in providing Mr R. with appropriate nursing care even though he could only understand a few of the words I was speaking. I did notice that one of the problems that occurred with this style of communication was the language barrier but despite this I continued by using appropriate communication techniques to aid the conversation. Although it was quite difficult at first, the use of non verbal communication skills helped encourage him to speak and also allowed him to understand me. The situation showed me that Mr R. was able to respond when I asked him the question without me having to wait for an answer he was unable to give. Funnell et al (2005, p 438) point out that communication occurs when a person responds to the message received and assigns a meaning to it. Mr R. had indicated his agreement by nodding his head. Delaune and Ladner (2002, P-191) explain that this channel is one of the key components of communication techniques and processes, being used as a medium to send out messages. In addition Mr R. also gave me feedback by showing that he was able to understand the messages being conveyed by my body language, facial expression and eye contact. The channels of communication I used can therefore be classed as both visual and auditory. Delaune and Ladner (2002 p.191) state that feedback occurs when the sender receives information after the receiver reacts to the message, however Chitty and Black (2007, p.218) define feedback as a response to a message. I n this particular situation, I was the sender who conveyed the message to Mr R. and Mr R. was the receiver who agreed to talk about his chemotherapy treatment and allowed me to assist. Consequently I feel that my dealings with Mr R. involved the 5 key components of communication outlined by Delaune and Ladner (2002, p.191) i.e. senders, message, channel, receiver and feedback. Reflecting on this event allowed me to explore how communication skills play a key role in the nurse and patient relationship in the delivery of patient-focussed care. Whilst I was trying to assist Mr R. when he was attempting to walk, I realised that he needed time to adapt to the changes in his activities of daily living. I was also considering ways of successful and effective communication to ensure a good nursing outcome. I concluded that it was vital to establish a rapport with Mr R. to encourage him to participate in the exchange both verbally and non-verbally. This might then give him the confidence to communicate effectively with the other staff nurses; this might later prevent him from being neglected due to his age or his inability to understand the information given to him about his treatment and the benefits of that treatment. I have set out an action plan of clinical practice for future reference. If there were patients who needed help with feeding or with other procedures, I would ensure that I was well prepared to deal patients who werent able to communicate properly. This is because, as a nurse, it is my role to ensure that patients are provided with the best possible care. To achieve this, I need to be able to communicate effectively with patients in different situations and with patients who have differing needs. I need to communicate effectively as it is important to know what patients need most during there stay on the ward under my supervision. Whilst I have a lot of experience in this field of practice, communication remains a fundamental part of the nursing process which needs to be developed in nurse-patient relationships. Wood (2006, p.13) states that communication is the key to unlock the foundation of relationships. Good communication is essential if one is to get to know a patients individu al health status (Walsh, 2005, p.30). Active learning can also help to identify the existence of barriers to communication when interacting with patients. Active learning means listening without making judgements; I always try to listen to patients opinions or complaints since this gives me the opportunity to see the patients perspective (Arnold, 2007, p.201). On the other hand, it is crucial to avoid the barriers that occur in communication with the patients and be able to detect language barriers. This can be done by questioning patients about their health and by asking them if they need help in their daily activities. I set about overcoming such barriers by asking open-ended questions and interrupting when necessary to seek additional facts (Funnell et al, 2005, p.453). Walsh (2005, p.31) also points out that stereotyping and making assumptions about patients, by making judgements on first impressions and a lack of awareness of communication skills are the main barriers to good communication. I must not judge patients by making assumptions on my first impression but should go out of my way to make the patient feel valued as an individual. I should respect each patients fundamental values, beliefs, culture, and individual means of communication (Heath, 300, p.27). I should be able to know how to establish a rapport with each patient. Cellini (1998, p.49) suggests a number of ways in which this can be achieved, including making oneself visible to the patient, anticipating patients needs, being reliable, listening effectively; all these factors will give me guidelines to improve my communication skills. Another important factor to include in my action plan is the need to take into account any disabilities patients may have such as poor hearing, visual impairment or mental disability. This could help give the patient some control and allow them to make the best use of body language. Once I know that a patient has some form of disability, I will be able to prepare a course of action in advance, deciding on the most appropriate and effective means of communication. Heath (2000, p.28) mentions that communicating with patients who have an impairment requires a particular and certain type of skill and consideration. Nazarko (2004, p.9) suggests that one should not repeat oneself if the patient is unable to understand but rather try to rephrase what one is saying in terms they can understand e.g. try speaking a little more slowly when communicating with disabled people or the hard of hearing. Hearing problems are the most common disability amongst adults due to the ageing process (Schofield. 2002, p.21). In summary, my action plan will show how to establish a good rapport with the patient, by recognising what affects the patients ability to communicate well and how to avoid barriers to effective communication in the future. Conclusion In conclusion, I have outlined the reasons behind my choosing Gibbs (1988) reflective cycle as the framework of my reflection and have discussed the importance of reflection in nursing practice. I feel I have discussed each stage of the cycle, outlining my ability to develop therapeutic relationship by using interpersonal skills in my dealings with one particular patient. I feel that most parts of the reflective cycle (Gibbs 1988) can be applied to the situation on which I have reflected. Without the model of structured reflection I do not feel I would have had the confidence to consider the situation in any depth (Graham cited in Johns 1997 a, p.91-92) and I fear reflection would have been remained at a descriptive level. I have been able to apply the situation to theory; as Boud Keogh Walker (1985, p.19) explain that reflection in the context of learning is a generic term for those intellectual and effective activities whereby individuals engage to explore their experiences in ord er to lead to a better understanding and appreciation. Boyd Fales (1983, p.100) agree with this and state that reflective learning is the process of internally examining and exploring an issue of concern, trigged by an experience that creates and clarifies meaning in terms of self and which results in a changed conceptual perspective. However, I personally believe that the reflective process is merely based on each individuals own personality and beliefs as well as their attitude and approach to the life. Appendix Mr R., a 64 year old gentleman, was an inpatient on a surgical ward. Earlier that day his consultant had directly informed him that he had inoperable cancer of the pancreas with a life expectancy of 18-24 months. Some relief might be offered by chemotherapy, but there was no cure. Mr R. was understandably shocked, but had suspected the diagnosis. At that time he remained in the care of the specialist nurse. Later in the day, as I was passing through the ward, I notice Mr. R. alone on his bed. Prescriptive A prescriptive intervention seeks to direct the behaviour of the client, usually behaviour that is outside the client-practitioner relationship. My first intervention was to open the conversation and demonstrate warmth. I provided information myself and gave Mr R. the choice of staying on his own or engaging with me. By shaking Mr R.s hands I was attempting to provide reassurance and support as well as communicating warmth in order to reduce his anxiety and promote an effective nurse-patient relationship. Practitioner: Hello Mr. R, I am one of the nurses here this  morning with Dr. M. Is there anything I can get you or would you rather be on your own? (Shook hands). Mr. R: NO, I remember you from this morning, come and sit down. Ive asked the girl for a cup of tea, I dont know where shes got to. Practitioner: Well give me a minute and Ill bring you one in. Do you take sugar? Mr. R: I suppose I shouldnt, then why worry. Two please. Practitioner: (Returning with a cup of tea) Here we are, dont blame me if its horrible, I got it from the trolley. (I smiled at Mr.R. and tried to establish eye contact, then sat down in the chair next to him). Mr. R: Thanks, thats just what I need. 2. Informative An informative intervention seeks to impart knowledge, information and meaning to the patient. My intention was to reinforce the nurse-patient relationship by smiling and attempting to establish eye contact as well as using facial expressions to put the patient at ease and establish a good rapport. By making Mr. R a cup of tea it created a pleasant response in a time of crisis. Practitioner: Jane (specialist nurse) was here this morning, what did you think about what she had to say? Mr. R: Oh yes she was very nice, mind you Im an old hand at this, I looked after my wife when she had cancer. Mr. R: She was riddled with cancer, but we kept her at home and looked after her. She could make a cracking cup of tea (Mr.R. smiles) Practitioner: (smiles and nods) When did she pass away? 3. Confronting A confronting intervention seeks to raise the clients consciousness about limiting behaviour or attitudes of which they are relatively unaware. By meeting the patients needs at that time I felt the urge to continue to show a display of warmth and develop the relationship further. Mr. R: It will be two years next month that she died. Practitioner: You must miss her. Mr. R: Theres not a day goes by that I dont talk to her. Goodness knows what she would make of all this, its brought it all back. 4. Cathartic A cathartic intervention seeks to enable the client to discharge/react to a painful emotion primarily grief, fear and/or anger. Mr. R spoke emotively and angrily by using such words as riddled and cancer. He spoke loudly and angrily with congruent non-verbal cues. Practitioner: Has what youve been discussing with Jane reminded you of your wifes death? Mr. R: Yes, (patient covers his face with his hands). Practitioner: What is it about what youve heard that is worrying you, do you think you can tell me? 5. Catalytic A catalytic intervention seeks to elicit self-discovery, self direct living, learning and problem solving in the client. Mr. R had a broad scope in which to discuss any concerns he may have had, but his response only concerned his wife, not him as his wife was the one who suffered from cancer. Mr. R: (Pause) ..Im an old hand at this and I dont want any of that chemo. Practitioner: What is it about the chemotherapy you dont like? Mr. R: My wife had it and we went through hell. Practitioner: You went through hell Mr. R: The doctors made her have the chemo and she still died in agony. 6. Supportive A supportive intervention seeks to affirm worth and value of the clients person, qualities, attitudes and actions. It is done to encourage the client to say more and to explore the issue further. Support is provided by non-verbal means like giving warmth, supportive posture and maintaining eye contact. I wanted to convince Mr. R that I was interested in what he had to say and help him believe that he was worth listening to that his opinions really mattered. Practitioner: Do you think the same thing will happen to you? Mr. R: Yes, thats the one thing Im worried about. Practitioner: em, if Im honest with you chemotherapy treatment is not a subject I know a lot about. (Pause), would you like to see the specialist nurse again? She can go over things with you and explain your options. Mr. R Well if she doesnt mind, Im just not sure the chemo will be worth it. Learning outcomes From this experience, I have learned the importance of:- Practice in accordance with the NMC (2004) code of professional conduct, performance, when caring for adult patients including confidentially, informed consent, accountability, patient advocacy and a safe environment. Demonstrating fair and anti-discriminatory behaviour, acknowledging differences in the beliefs, spiritual and cultural practices of individuals. Understanding the rationale for undertaking and documenting, a comprehensive, systematic and accurate nursing assessment of physical, psychological, social and spiritual needs. Interpreting assessment data to prioritise interventions in evidence based plan of care. Discussing factors that will influence the effective working relationships between health and social care teams. Demonstrating the ability to critically reflect upon practice.

Organizational Behavior and Terminology Paper -- essays research paper

Organizational Behavior Terminology and Concepts Paper June 17, 2005 One major corporation that is affected by organizational behavior is the west coast based 24 Hour Fitness, Inc. The company operates and owns more than 300 fitness centers that offer aerobic, cardiovascular, and weight lifting activities to the company’s more than 2.7 million members. Some locations offer even more amenities than those listed. The fitness centers are located in 16 states as well as Europe and Asia (www.hoovers.com). In regards to organizational behavior, or the study and application of knowledge about how people, individuals, and groups act in organizations (www.nwlink.com), 24 Hour Fitness meets its organizational objectives by setting goals for its sales staff. The result is a profit for the company but most of all, a commission for the sales counselors themselves. In respect to human objectives, 24 Hour Fitness strives to meet the needs of all customers by customizing personal diet and workout plans, providing the most up to date fitness machines, staffing certified physical trainers, providing functioning and well-maintained equipment, competitive membership rates and promotions, and a clean and well kept environment for its patrons. Human needs involving the staff are met by employees receiving benefits such as medical and dental insurance, retirement, and other things like discounted personal training sessions and free memberships. Managers a...

Nursing Reflection

Going back through previous experiences and tracing back the footsteps we have made allows us to reminisce about the good things that have happened in our lives. Somehow the undesirable memories would also seep in as they are part and parcel of our existence that we cannot do away with. This process gives us an opportunity to encounter past events that can necessarily aid us in the future. In the Nursing practice, reflection is a retrospective approach that evaluates historical processing of experiences that takes place in a structured form and is deemed highly essential (Eliis, Kenworthy and Gates, 2003, 156). In the clinical practice, this retrospective activity facilitates in the promotion of quality care. The art of reflection however in the nursing practice focus on self rather than on the situation as the care provider (Quinn, 2000, 252). The process is a reflective practice that is a cognitive act by which we are allowed to make sense of our thoughts and memories (Taylor, 2000, 43). This method therefore allows a practitioner to generate a complementary or alternative form of knowledge and a set of choices in the evaluation of the best course of action. It is a â€Å"deep learning† experience that reflects on our knowledge and theories and go beyond merely thinking about what we do but involves recalling what had occurred and analyzing the situation by interpreting important information recalled (Taylor, 2000, 4). In Nursing, the reflective process is aimed about our own practice (Taylor, 20000, 3); that nursing education and research cannot do without as a common practice in the learning mechanism in which we all engage in a regular basis (Slevin and Basford, 2000, 483). With a main purpose of enabling the practitioner to learn from experiences and increase clinical effectiveness, reflection is highly essential to the nursing practice. For this process to be effective, Johns has provided a guided reflection which employs different models of self-inquiry to enable a practitioner to realize desirable and effective practice (2002:3). Considering that this involves a cognitive and emotional component that is expressed through analysis, different models would aid us feel comfortable about the activity. John’s model can be used in preparation for or during clinical supervision and applicable to specific incidents rather than more general day to day issues and particularly applicable to those who prefer a structure approach (Ellis, Kenworthy and Gates, 155). Gibbs Model use term description rather than â€Å"a return to the entire experience† as a form of reflection is considered as a simpler method but one where a mentor or facilitator is likely needed(Davies, Bullman and Finlay, 2000, 84). Both models however in supervision practice can be used to facilitate clinical governance through the promotion of quality care where an exchange between two professionals employing this technique seeks to improve their practice (Watkins, Edwards and Gastrell, 2003, 266). To maximize the potential benefits of clinical supervision, nurses have to learn to be comfortable with this retrospective activity with the aid of Gibbs or John’s models depending on where one feels most comfortable working with (Ellis, Kenworthy and Gates, 156). Gibbs Model for reflection As a simple and easily attainable method, Gibbs model uses term description rather than a return to a previous experience (Davies, Bullman and Finlay, 84). In psychology and teaching, reflection facilitates as purposeful change and competencies such as psychological-mindedness and self-regulation (Clutterback and Lane, 2004, 196). Usually this process involves a mentor, teacher or supervisor working with a student at different stage while allowing for individuality. Although less specific than re-evaluating an experience; Gibbs in his cycle or reflection makes the action planning a more overt component of reflection (Davies, Bullman and Finlay, 84). Gibbs provides that in one’s own practice, an essential aspect of working as an autonomous practitioner involves a critical analysis of one’s role and responsibilities from a personal perspective (Gibbs, 1998,13). It is a process that requires others to become involved that encourages feedback and constructive comment to recognize your role and value in a health team (Humphris and Masterson, 2000, 77). John’s Model for reflection John’s model uses the concept of guided reflection to describe a structure supportive approach that helps the practitioner learn from their reflections and experiences (Quinn, 2000, 572). The approach involves the use of a model of structure reflection, one-on-one group supervision and the keeping of a reflective diary (Quinn, 572). The practice would aid the practitioner in learning from a reflection of their experiences. John’s model is more detailed as it provides a checklist of specific points necessary for reflection (Davies, Bullman and Finlay, 85). The only problem cited with John’s model if it imposes on a framework that is external to the practitioner leaving little scope for inclusion as cite by other theories. John’s model can be used in preparation and during clinical supervision consisting of 6 steps that is applicable t specific incidents rather than more generalized day to day issues facing the supervisee (Ellis, Kenworthy and Gates, 155). This model is highly attractive to those who prefer a structured approach but others may find this type more restricting (Ellis, Kenworthy and Gates, 156). Criticisms against the reflective process Reflection involves cognitive and emotional components that are expressed through analysis and to maximize the potential benefits of the clinical supervisor nurses have to learn to feel comfortable with this retrospective activity both during and in preparation for supervision sessions (Ellis, Kenworth and Gates, 157). This could be deemed time–consuming in an institution where time is often an important element in the delivery of care. A time for reflection can be done positively only when a situation or a need arises. This is probably why reflection method is considered a radical approach to nursing education and practice given the ample time training can afford (Slevin and Basford, 483). Yet reflection is valuable if done in partnership with someone else which led Davies et al to believe that the approach is quasi-therapeutic (Davies, Bullman and Finlay, 86). The principles have been transferred directly from client-centered psychotherapy and may trigger more powerful responses such as guilt and anxiety. Practitioners are therefore evaluated before they are given a chance to try this one out according to conservative studies. However with practice, it is assumed that a reflective process may not hold as much negative impact for the learned practitioner in an answer to the demands for a continuous review of a practice in a critical and analytical manner that support the reflective concept. The Value of Reflection for the Student Nurse As an essential component of scholarly practice, reflection, reflection is a method for generating a complementary alternative form of knowledge and theory (Humphris and Masterson, 2000:78).   Regardless of any negative criticism a reflective method may elicit from critics, I consider this to be a valuable tool. For the student, this is a process were one internally examines and explores an issue of concern triggered by an experience that clarifies the meaning of perspectives (Canham and Bennett, 2001, 185). The nursing practice has been surrounded by a world of silence and reflection is a way for nurses to reflect that is enhanced and introduced in the nursing curriculum (Guzzetta, 1998, 102). Often in the professional practice, nurses have encouraged silence among themselves in their health environment and setting while usually developing a shared professional voice with her team. Oftentimes, her relationship with the rest of the health team and other professionals faced difficult efforts because of the autonomy. The process of reflection allows one to air out her sentiments and ideas within her group or to a mentor or a supervisor during moments of reflection that could be produced as a shared voice for the team. Developing a habit of reflection is therefore a must for nursing education in order to uncover dimensions of experiences such as hidden and explicit meanings of behavior that can aid a student nurse in identifying her own perspective of the nursing practice that is highly useful in her entry to the profession (Guzzetta, 1998, 103). For a student in nursing, one must therefore develop a habit of reflection in order to uncover experiences and the meaning of behavior, values and thoughts that could readily prepare one for professional practice. It should be noted that the reflective process can helpfully aid in teamwork where one has the chance to relay sentiments after reflection of her past experience.Nursing education must therefore develop and evaluate innovative strategies to prepare nurses to meet the challenges of the rapidly changing health care system and for lifelong learning (Johns and Freshwater, 1998, 149). Reflection and reflective practice are currently receiving attention as a strategy yet little is known about the process of becoming a reflective thinker, how to teach skills needed for reflection, or the barriers and facilitators to becoming a reflective practitioner (Clutterback and Lane, 2004, 198). However a reflection process is worthy of study and practice that should initially be started and adapted as a core training for everyone wishing to professionally practice nursing as a positive way to analyze the development of reflective practice abilities. Bibliography Canham, Judith and Bennett, JoAnne, 2001, Mentoring in Community Nursing: Challenges and Opportunities, Blackwell, London, 2001. Clutterback, David and Lane,Gill, 2004, The Situational Mentor: An International Review of Competencies and Capabilities in Mentoring, GowerHouse, London. Davies, Celia, Bullman, Anne and Finlay, Linda, 2000, Changing Practice in Health and Social Care, Sage, London. Ellis, Roger, Kenworthy, Neil and Gates, Bob, 2003, Interpersonal Communication in Nursing: Theory and Practice, Elsevier Sciences, Orlando. Gibbs, Graham, 1998, Learning by Doing: A Guide to Teaching and Learning Methods, Oxford, London. Guzzetta, Cathie, 1998,Essential Readings in Holistic Nursing, Jones Bartlett, Maryland. Humphris, Debra and Masterson, Abigail Masterson, 2000, Developing New Clinical Roles: A Guide for Health Professionals, Elsevier, Florida. Johns, Christopher, 2002, Guided Reflection: Research in Practice, Blackwell Publishing, Perth. Johns, Christopher and Freshwater, Dawn, 1998, Transforming Nursing Through Reflective Practice. Blackwell, Perth. Quinn,   Ã‚  Francis M. 2000, The Principles and Practice of Nurse Education, 4rth ed., Nelson Thorne, London. Slevin, Oliver and Basford, Lynn, 2003, Theory and Practice of Nursing: An Integrated Approach to Caring Practice, Nelson Thomas, London. Taylor Beverly, 2000, Reflective Practice: A guide for Nurses and Midwives, Allen and Unwin, St. Leonard. Watkins, Dianne, Edwards, Judy and Gastrell,Pam, 2003, Community Health Nursing: Frameworks for Practice, Elsevier Sciences, Orlando.            

Amundsen and scott

The chilling tundra ot the antarctic restrained anyone trom exploring antarctic tor years. Amundsen and Scott, two very brave men chose to attempt to reach the south pole. The prowess in both men was incredibly heroic. Amundsen and Scott knew It was a treacherous journey but were up for the task. Only one man could be the first, and Amundsen was most definitely the successor. Amundsen had prepared for this journey all his life. While Scott flew by the seat of his pants, going on this expedition was Just one of many things he had done without lan.It was a provisional job. Scott knew he wouldn't be able to keep up with it for that long. Scott was temerltly. Scott didn't think twice about his adventure, thus leading to him being unprepared on his trip. Scott was physically prepared but not fully prepared mentally. Amundsen on the other hand examined every detail of his expedition piece by piece, ensuring that he would have the best of the best and be fully prepared. Always planning ever y move he made. The equipment they brought and the obstacles they faced were definitely a huge part of their trip.Obstacles including weather and the natural environment. Of course Scott and Amundsens trip differed between what exactly happened but Scotts body obviously couldn't procure the harsh weather the arctic had In store for him. Yet Amundsen still had trouble handling the weather he could still cope with it. Also, equipment was what saved Amundsen. Amundsen brought around a hundred dogs. He was well prepared bringing everything he would ever need and then some on the trip. While scott packed light rather than packing what he needed. Luck and fate played a large part In the story.Just because Amundsen was stopped when he was so close to the pole doesn't mean he tailed. He had the experience, the Journey and the lesson that Is Irreplaceable. Scott may of got to the pole, but whats it worth if he died. He's not alive to be a success. Considering Scott was completely unprepared it was luck that he made it to the pole. Knowing he was oblivious to what was really happening out in the abject temperatures. Yet it was fate that he didn't make It home safely. Amundsen on the other hand had fate on his side, he hadn't made it to the pole. ich must of been meant to be. because If he made It he very well could of died. It was fate that he got to come home to keep on living a life rather than Scott who died an inexpedient death along side his team out in the icy cold. Making it to the pole and dying doesn't make you a hero nor does it make you smart. You are both stupid and unheroic. Yes Scott died trying to be a success, but he tOf2 naa Tallea. I ne Tame deserves to go to Amundsen. Amundsen was smart enougn to know what he was doing and how it could drastically change the outcome of his trip f he kept on going.Amundsen is the hero because he turned back. He was able to say i tried, and i my not of made it but i got extremely close and I am alive to tell a story. Th at is a true successor. In the end the successor is Amundsen no doubt. He dreamed of the day for years and years. It would be cruel if you took the rightful fame away from him. He knew what he wanted to do for years and years. Scott Just decided one day on a whim. Amundsen deserves to be remember Just as well if not greater than Scott.

Free Essays on The Birth Of The Big Band

Free Essays on The Birth Of The Big Band Benny Begets the Swing Band The world sometimes gives birth to creative and innovative individuals. These rare men often leave their mark on the world, forever changing a facet of our society and culture. The arts, specifically music and jazz, have had a more volatile history than history than perhaps any other genre in the spectrum of popular culture. One of these innovators, Benny Goodman, rekindled the flame of jazz with a new and exciting form of swing that brightened the stagnant waters of music. This revolutionary swing style was dubbed Big Band. While other bands conformed to the swing jazz mold, Benny Goodman and his group of your diverse musicians sought to change jazz as a whole, and in the effort ushered in the Swing Band Era. Yearning for success in the music business, Benny Goodman quickly gathered a group of fresh musicians, and in showing the might of his band, the hot new group, which had the credit of sparking the swing era, gained national noteriety. Karen Johnson mentions that jazz clarinetists Johnny Dodds, Leon Roppolo, and Jimmy Noone collectively fueled Benny’s inner desire to lead a band (1). Finally feeling seasoned enough to make it in the big band circuit, Karen Johnson adds that Goodman formed a twelve piece big band in 1932 (1). Before 1934, dance and â€Å"sweet† bands controlled the radio waves and dancehalls, but as Johnson states, upon the arrival of Benny’s band â€Å"at the Polomar Ballroom in Las Angeles on August 21, 1935†¦ Goodman became a nationally known star.†(1). Young listeners all over the country tuned their radios to hear Benny’s band play, and Parker adds that with his new mix of hot jazz, like an explosion Benny was suddenly a n ational star(3). Some columnists proclaimed this the beginning of the Swing Era, but Parker adds in opposition that â€Å"no one incident can be related to [big band jazz’s] genesis† (2). Similarly, it is possible to infer that Benny’s band was credit...

Explain how Machiavelli's discussion of virtue (virtu) in The Prince Essay

Explain how Machiavelli's discussion of virtue (virtu) in The Prince differs from that of the ancients like Plato and Cicero. Give examples - Essay Example It is immoral and unethical, maintains Plato, for a ruler to rule solely by might. Machiavelli has stated, ""A Prince, therefore should have no care or thought but for war, and the regulations and training it requires, and should apply himself exclusively to this as his peculiar province; for war is the sole art looked for in one who rules" (Machiavelli, P. 70)." Therefore, it is clear that Machiavelli's idea of virtu' is not one that is based on moral character, but rather, based on utility. For Machiavelli, virtu' outweighs morality when the needs of the situation demands it; for Plato, one must preserve morality at all times. Plato believes in utopian ideals and propositions; Machiavelli, was a realist. Cicero, on the other hand, maintains that there was no distinction between that which was morally good and what was useful to man. His concept of duty is directly opposite the concept of duty as forwarded by Machiavelli. Cicero believed that pleasure may be enjoyed by man, but that there is a right and moral way to enjoy pleasure. For example, sex is an enjoyable activity and may thus be engaged in by man, but it is wrong to have sex with another man's wife. To quote from Cicero, "Virtue is a habit of the mind, consistent with nature and moderation and reason." Even their concepts of government are markedly different. Machiavelli would be wont to argue for the top-down approach, i.e., a good ruler is essential, a ruler who must be feared, more than loved. Cicero, on the other hand, believes that people should work together for the betterment of the community. Hence, he espouses a bottom-top approach. Describe the role of virtue in friendship, according to Cicero. Cicero's work, "De Amicitia" (On Friendship) captures this thinker's thoughts on friendship, and particularly, the role that virtue plays. A very enlightening passage in this work, translated in English, reads: "I can only advise you to prefer friendship to all things else within human attainment, insomuch as nothing beside is so well fitted to nature, -- so well adapted to our needs whether in prosperous or in adverse circumstances. But I consider this as a first principle -- that friendship can exist only between good men." Much ado is made regarding the moral dimension of friendship - that it should be based on nature, and not on need, on love and not on benefit. To quote the good philosopher once again, "But in friendship there is nothing feigned, nothing pretended, and whatever there is in it is both genuine and spontaneous. Friendship, therefore, springs from nature rather than from need, -- from an inclination of the mind with a certain consciousness of love rather than from calculation of the benefit to be derived from it." Hence, Cicero believes that truth-telling is an important aspect of friendship, and that the truth must be told to a friend, even though the truth hurts. But perhaps the most important point made by Cicero is that virtue is the very framework of friendship, it is the very bulwark on which friendship rests - Virtue, I say to you, Caius Fannius, and to you, Quintus Mucius, -- virtue both forms and preserves friendships. In it is mutual agreement; in it is stability; in it is consistency of conduct and character. When it has put itself forth and

Clouds Seeding Essay Example | Topics and Well Written Essays - 1000 words

Clouds Seeding - Essay Example This paper takes a closer look at the concept of cloud seeding, the types, uses, and impact on the environment (Keyes 3). The main objective of cloud seeding is to cause enhance the precipitation through rain and snow and reduce the formation of hail and fog. This technology initially launched to research on and to monitor the climatic conditions of various regions in the world has been widely adopted by world’s leading economies with the main objective of negating the effects of extreme weather conditions. Under normal circumstances, harsh weather conditions are mostly experienced in the temperate countries especially during the winter and summer (Keyes 3). Although several methods of cloud seeding exist, the most common categories are the aerial cloud seeding and ground-based cloud seeding. Aerial cloud seeding involves the use of light aircrafts in the modification of weather at a considerable height from the ground. Ground-based cloud seeding on the other hand, entails the launching of intended substances into the earth’s atmosphere to carry out the same purpose. Irrespective of the procedure used to conduct cloud seeding, the underpinning idea is the same as it is the same process conducted in different procedures. Since the essence of cloud seeding is to promote the precipitation of condensed cloud, the methodology involves the injection of certain substances or chemicals into the clouds with the most commonly used being dry ice and silver iodide (Keyes 3). In some cases, the use of propane has proved successful although scholars from certain quarters questioned its efficiency. Since for successful could seeding to take pla ce there has to be super cooled water, the use of silver iodide has solved the problem through its ability to stimulate freezing nucleation because it is crystalline in nature. Research shows that dry ice and propane perform better than silver iodide as far

Business Law Coursework Essay Example | Topics and Well Written Essays - 1500 words

Business Law Coursework - Essay Example (or "Divies") under the principle of vicarious liability. Crates may likewise have a claim for consequential economic loss. For Abraham and Crates to successfully claim under the law of tort, it must be shown that the elements making up a successful claim of negligence exist: duty, breach, causation, and damage. In the case of Lochgelly Iron and Coal Co. v M'Mullan (1934), it was stated that the tort of negligence 'properly connotes the complex of duty, breach and damage thereby suffered by the person to whom the duty was owing'. It was likewise stated in Burton v Islington (1992) that 'it is now elementary that the tort of negligence involves three factors: a duty of care, a breach of that duty and consequent damage.' Based on the foregoing decisions, the tort of negligence to be actionable must have the following elements: (1) there is a legal duty of care owed by defendant to the plaintiff; (2) a breach of that legal duty of care consisting of an act or omission by the defendant; and (3) consequent damage on the part of the plaintiff as a result such act or omission by the defendant. [see also Markesi nis, p. 69 (1999)] In the recent case of Jones v BBC, 2007 WL 2187023 (QBD), Jones, a freelance sound recordist for defendant BBC, claimed that he suffered personal injury caused by the negligence of the defendants. During a recording of the lowering of a windmill mast, and while Jones was walking under the inclined mast, the windmill rotor fell onto his back causing severe spinal injury rendering him paraplegic. In ruling for the claimant, the court stated that the BBC, as employer, had assumed responsibility for the health and safety of freelancers when they work on BBC productions. Since the safety crew had identified a risk of the falling mast, a discussion before filming should have been made to warn the crew not to go beneath it. But the safety crew did not give the warning. Such failure of BBC, through the safety crew, is considered negligent which caused Jones' accident. It had been held that it was incumbent upon BBC, its safety crew and the owners of the farm as occupiers of the site to take steps further to those they had taken to ensure that the BBC crew did not pass under the mast during its lowering. In the instant case, the shop manager breached the legal duty of care required of him under the circumstances when he failed to give a safety warning or danger warning after opening the windows onto the pavement because it is reasonably foreseeable that such window obstructs the path of the pedestrian and is most likely to cause an accident. Thus, in the case of Crowther v Kirklees Metropolitan Council (2006), the claimant ambulance driver claimed damages for personal injuries she sustained when she went to the house of a patient where the street was a narrow cul-de-sac with no footpaths. When plaintiff got out of the ambulance and placed her right foot on the step, as it was a high drop to the road, and her left foot on the ground, it entered a large defect centred around a circular utility cover measuring 5cm in depth, 40cm in width and 46 cm in length. When her foot entered the defect, she went over on her left ankle, which she strained. In ruling for the plaintiff, the court stated that it was reasonably foreseeable that the defect could result in injury to pedestrians. The

Funding my used book store Essay Example for Free

Funding my used book store Essay This will be an outlet that deals in second-hand or used books. Literacy of a people is the foundation of a nation. We wish to encourage the culture of reading in order to eliminate illiteracy. We have chosen to go this route due to affordability. The shop’s name â€Å"Daily Books† is bound to be a crowd puller. The service will be targeting the thousands of shoppers and those whiling away window shopping or taking casual walks. Considering the hard economic times we are going through as a nation, this idea could not be timelier. Concept Funding my used book store Business Statement SBA loans are available and we are going for the lowdoc that addresses needs below $150k. This is part of the 7(a) loan program. The loans not only come with low interest rates and minimum hassles but also with entrepreneur education. This is a very helpful resource. Since some banks allow one to access funds for the business from relatives, then your proposal is well within all legal requirements. Competitive edge Products and services: Ease of getting classical novels and writings which may not be available from the conventional book shops. These may as well be collectors’ items. Inexpensive: All our books will be way below the market prices. Organization: The arrangement and placement of books will make it easy for shoppers to locate what they want and hence save valuable time. The lighting will be artistic and professional. Location: -. The shop’s strategic location is a sure winner. The university and schools’ readership will come in handy. Public relations: This is one of our greatest strengths as my partner is deep and wide reader, not to mention that I am an excellent people person and marketer. We have been careful to hire committed staff whose vision is similar to ours. Market / Industry information While the knowledge search continues to expand, there is stiff competition in the horizon. New players are joining the market not to mention new technology. The government is putting in place structures that will aid in the growth. Product/Service Information The crucial service on offer is the provision of an accessible, unique product, convenient, and a cheap service facility which promises easy access to the avid reader. The county council has been of great support since we shared our idea with them. On the launch, they have offered the parade grounds at no charge at all. They will also be sending word out to the local dwellers. Goals and strategies In the short term, we will be focusing on getting people to see the big picture. What has all along been thought of a rich man’s hobby that owning a rich home library is their preserve will now be common place. Due to our strategic location, we are assured of traffic. Our goal then, will be to focus on those walking in and around the complex. We aim to serve at least 50 walking customers per day. The tills in the stores around the town will be offering discount vouchers to all their customers in the first month after launching. The next level and secondary goal will entail advertising by use of flyers and banners. We shall also do rounds in the offices. Our marketers will visit every school in the area and the university as well. For these students, we intend to offer a discounted price especially for the course books. We shall introduce membership to all our customers with an aim of giving away bonus gifts and discounts. This will see our customer base grow from 50 to 100 after 6 months of business. In the long term, we are looking at electronic sales. This will entail a website that will advertise as well as offer on-line sales. A delivery van will come in handy for those members who may be a little out of town. The bookshop should have a readability of 500 plus faithful customers after a period of 2 years. As a backup plan for the above strategy, we will be liaising with the local bookshops as well as those in the nearby towns. We shall introduce a partnership programme that should see their sales soar as well. The idea is to bring about symbiosis and cut unfair competition. We plan to have stock lists of al the other outlets and when customers make enquiries, referential sales will be seamless. We shall encourage book owners to exchange or deposit old books that they no longer use. This idea will go along way in reducing our capital requirement for re-stocking. Payback As per the bank’s requirements, we have negotiated a very low payback interest rate. We have a 60 days initial grace period after which we shall be required to pay only 1. 5% PA on a reducing balance. This arrangement will go along way in helping us repay you within a comfortable period. It will not stretch the business neither will you be strained financially while it gives you peace of mind that your investment is secured. References Advani, A. (2005). SBA loans for your startup. Entrepreneur. com. Retrieved November 18, 2008 http://www. entrepreneur. com/money/financing/startupfinancingcolumnistasheeshadvani/article79254. html