Actus Reus Notes Essay Example for Free

Actus Reus Notes Essay Gives a connection between the underlying demonstration of the D and the restricted result that has happened. It shapes some portion of the AR: It isn't sufficient that the denied outcomes has happened, it must be brought about by the D. * Established by a two-phase test: 1. Verifiable causation: Only premise, set up a prelimartary association among act and outcomes D’s act must be a sine qua non of the restricted consequence(consequences would not have happened without the D’s activity) ’But for’ the D’s activity, the results would not have happened Case: White : D needed to murder her mom with a toxic substance drink yet the mother kick the bucket before the toxin drink produced results. LP: The D’s mother would have kicked the bucket at any rate however for D’s activity, in this way he isn't the real reason for death, yet he is accused of endeavored murder. 2. Lawful causation: Chooses the accountable a. Case: Pagett To keep away from capture, D utilized his sweetheart as a shield and solidified at furnished police. The police terminated back and slaughtered the young lady. LP: D’s act need not to be the sole reason for death gave it is a reason that has ‘contributed altogether to the result’ as he gets under way the chain of occasions that prompted passing and it was predictable that the police would fire back. D is the most culpable Intervening Act: Something that happens after the D’s demonstration that breaks the chain of causation and calms the D’s obligation regarding the precluded results. Conditions will possibly break the chain of causation in the event that they are: an) A mind-boggling reason for death b) An unforeseeable event Case that BREAK the chain: Jordan: D cut the person in question and his injury was mended when V showed up to the medical clinic however he passed on following a hypersensitive response to the medications given by the emergency clinic. LP: D not at risk as the first twisted was mended and the treatment was ‘PALPABLY WRONG’ (Obvious) to break the chain of causation. Case that DOESN’T BREAK the chain: Cheshire: D shot the casualty in the leg and stomach, where when in emergency clinic V experienced respiratory entanglements and bite the dust after an activity that the medical clinic played out a poor standard of care and neglected to perceive his injuries. LP: The requirement for activity spilled out of the D’s unique act in this manner he stayed obligated, the treatment must be ‘PALPABLY WRONG’ (self-evident) to break the chain of causation. Interceding Act falls into 3 classes: 1. Demonstrations of the Victim 2. Demonstrations of Third Parties 3. Normally Occurring occasions 1. Demonstrations of the Victim Roberts: D meddled the V’s attire in the vehicle, making the V hop from the moving vehicle and brought about genuine wounds from the fall. LP: It was predictable that the casualty would have endeavored to get away and could be harmed in doing as such. Chain of causation may be broken if the V’s activity is outrageous and unforeseeable. *Only EXTREME ACTS would break it? Consider Thin-Skull rule: *Thin-Skull Rule: EXCEPTION to the standard that D is just subject to the predictable outcomes of his activities D is obligated for the full degree of V’s wounds regardless of whether, because of some pre-exisitng condition, the V endures more prominent damage because of the D’s activity than the ‘ordinary’ V would endure. Cases: Blaue D cut the V and punctured her lung, however V declined a blood transfusion as it was in opposition to her religion, bringing about death. LP: D indicted for murder as it was held that the standard was not restricted to states of being nevertheless incorporated an individual’s mental make-up and convictions. 2. Demonstration of Third Parties Consider: 1. Essentialness of their commitment 2. Activity is predictable? 3. Normally happening occasions * Omissions: Liability just important if there is no blamable positive act. Rule: An obligation of act just forced by resolution in a restricted range Contract: Case: Pittwood D contracted to screen the intersection doors so nobody is hurt by the train. He neglected to close the entryways and V was murdered by the train. LP: An individual under agreement will be at risk for the unsafe results of his inability to play out his legally binding commitment. This obligation reaches out to those sensibly influenced by oversight, not simply the other party to the agreement. Uncommon relationship Case: Gibbins and Procotor First D(Father) neglected to give food to his kid who was famished to death. His obligation depended on his exclusion to satisfy the obligation built up by the unique relationship of father/kid. (The case proceeded:) Voluntary suspicion of care Second D(Partner of the dad): subject not founded on the idea of relationship but since she had recently taken care of the kid yet had stopped to do as such. * A Person can't push off the clock to act that the deliberate presumption of care forces. Hazardous circumstance Case: Miller D nodded off while smoking a cigarette. It triggers the tangle ablaze, yet when the D woke up he didn't do anything to spare the fire however move to another spot to rest. The House was harmed thus. D contended that his mens rea was not created at the time the actua reas of the occasion, dropping the cigarette, happened. LP: D has made a risky circumstance which he at that point has the obligation to spare the fire. * MR emerges and concurs with proceeding with AR. He was obligated.

The Coalescent Theory and Evolution

The Coalescent Theory and Evolution One piece of the advanced combination of developmental hypothesis includes populace science and, on a significantly littler level, populace hereditary qualities. Since advancement is estimated in units inside populaces and no one but populaces can develop and not people, at that point populace science and populace hereditary qualities are complex pieces of the Theory of Evolution through Natural Selection. How the Coalescent Theory Affects the Theory of Evolution At the point when Charles Darwin originally distributed his thoughts of advancement and regular choice, the field of Genetics presently couldn't seem to be found. Since following alleles and hereditary qualities is a significant piece of populace science and populace hereditary qualities, Darwin didn't completely cover those thoughts in his books. Presently, with more innovation and information under our belts, we can join more populace science and populace hereditary qualities into the Theory of Evolution. One way this is done is through the blend of alleles. Populace scholars take a gander at the genetic supply and every single accessible allele inside the populace. They at that point attempt to follow the root of these alleles back through time to see where they began. The alleles can be followed back through different ancestries on a phylogenetic tree to see where they blend or return together (a substitute perspective on is the point at which the alleles fan out from each other). Attributes consistently mix at a point called the latest regular progenitor. After the latest normal progenitor, the alleles isolated and developed into new qualities and in all likelihood the populaces offered ascend to new species. The Coalescent Theory, much like Hardy-Weinberg Equilibrium, has a couple of suppositions that dispense with changes in alleles through possibility occasions. The Coalescent Theory accept there is no irregular hereditary stream or hereditary float of alleles into or out of the populaces, normal choice isn't dealing with the chose populace over the given timespan, and there is no recombination of alleles to shape new or increasingly complex alleles. On the off chance that this remains constant, at that point the latest regular predecessor can be found for two distinct heredities of comparative species. In the event that any of the above are in play, at that point there are a few snags that must be defeated before the latest normal precursor can be pinpointed for those species. As innovation and comprehension of the Coalescent Theory become all the more promptly accessible, the scientific model that goes with it has been changed. These progressions to the numerical model permit a portion of the beforehand inhibitive and complex issues with populace science and populace hereditary qualities have been dealt with and a wide range of populaces may then be utilized and analyzed utilizing the hypothesis.

MIT or Bust

MIT or Bust So I guess telling you my name would be a good place to start: Bryan. Im a member of the Class of 2007. I was born here in Massachusetts, but most recently Im from Houston, Texas. Im *definitely* majoring in 2 and minoring in BME. Thats MIT-speak for Mechanical Engineering and Biomedical Engineering. (My mom hates it when I revert to MIT-speak; I can speak full sentences in the language now. I promised her shell speak the language by the time I graduate) Im still deciding whether or not to double major or minor with Biology, which is course 7. My freshman year, I lived in Baker but that year, I also joined ZBT, one of MITs fraternities, and I live in the house now. This picture was taken at Susan Hockfields Inauguration last May. In order for you guys to get to know me a little better, Ill give you three statements and at the end of this entry, Ill tell you which one the lie is. Two Truths and a Lie 1. The first day of high school, I rode a unicycle to school. 2. I can say the alphabet backwards faster than I can say it forwards. 3. I have never done a cartwheel. A Few Of My Favorites: Favorite Sport: Indoor Rock Climbing Favorite Book: Ender???s Game Favorite Soda: Barqs Root Beer Favorite Movie: a three-way tie between Apollo 13, Princess Bride, and Spiderman 2 Favorite Reality TV Show: Beauty and the Geek, for obvious reasons Favorite MIT Location: Strobe Alley outside the Edgerton Center Favorite Nerd Pick-Up Line: Youre like a dictionary, you add meaning to my life! Favorite Ice Cream Flavor: Ben and Jerrys Half Baked, #2: Mint Chocolate Chip Favorite College or University: The Massachusetts Institute of Technology Cmon guys, did you expect any other answer? And to be completely honest, I really love MIT from the mobius strip in the Barker Engineering Library to Mystery Hunt to the Athena cluster door that opens the wrong way in Building 56 to the out-of-this world traditions to Everything Bagels from Alpine Bagel, and of course the passionate people who fill the stretch of the Infinite Corridor. So while I blog and try to tell you about all the awesome things going on at MIT and the surrounding areas, I hope you all get an idea of what the community and life is like here at MIT. Ill try to post a lot of pictures, links, videos, etc. so if something interests you, follow the links and if you ever have any questions, feel free to email me at bryanblogs at mit dot edu. I do want to hear your thoughts about my blog and I want to hear about the questions you have about MIT, Boston, Cambridge, life as a college student, or things you want me to talk about in my blog, so do post comments. The lie in my two truths and a lie was: 1. The first day of high school, I rode a unicycle to school. Haha, I can barely ride my bike without fear of injury. Im a little accident-prone.

Theme of Cultural Transition - Free Essay Example

Sample details Pages: 7 Words: 2231 Downloads: 7 Date added: 2019/10/10 Did you like this example? Abstract The theme of cultural transition is well portrayed throughout the two books; Things Fall Apart and The Lion and The Jewel. On the other hand, the elements of change in both books defer, as in Things Fall Apart, what brings the change originates from the outside, that is, the missionaries; while Lakunle acts as the element of change from inside the community. Lakunle understands the customs, and he even grew up practicing them, but after he comes into contact with the outside world, his views are changed. Don’t waste time! Our writers will create an original "Theme of Cultural Transition" essay for you Create order The cultural transition is seen when Lakunle tries to oppose the custom of bride price and calls it uncivilized. He tries to win Sidi’s love using the tactics he has learned from the modernized world but fails terribly. The missionaries in Okonkwo case also seek to change the ways of the people, they introduce formal education and try to bring civilization to Umofia. Their efforts are derailed when Okonkwo opposes them and kills one of their messengers. Conflict is also in both stories; Lakunle fight against the community’s customs is a sign of conflict. Baroka Sidi and the rest of Ilunjule village are traditionists who are uneducated who conflicts with the educated Lakunle a school teacher educated and influenced by the western culture. In the play, The Lion and the Jewel tradition wins against modernity which is evidence by Sidi marrying the traditional chief. The issue of the bride price causes Lakunle to be considered as the village fool. He also fights alone as no one else in the community is willing to share his views; not even his beloved Sidi. Where there is a conflict there is bound to be consequences, in Okonkwo case, his conflict with the missionaries resulted in death and feelings of betrayal. This paper will discuss the various instances where both the jewel and the lion and things fall apart portray the theme of cultural change and theme of conflict. Introduction Change and conflict go hand in hand; especially in a place where what is being changed has been there for a long time. Culture is collectiveness of behaviours acquired by a member of a given group or community. Thus culture is the practices, social behaviour, and beliefs of a given community. In the books we are looking at cultural conflict is shown between the modern and traditional cultures. Cultural transition in both The Lion and The Jewel and Things Fall Apart is eminent as portrayed in the characters of both Lakunle and Okonkwo. Both characters try to bring change to their environment; Okonkwo tries to fight against cultural change while Lakunle is for the change. Cultural African practices were regarded to be sacred, and anything or anyone that interfered with them was considered to be an enemy of the community. The cultural beliefs that the African communities held were believed to hold a certain purpose, and they were what united them with their ancestors. Common belief and practice also symbolized a sense of unity, and it was rare for individuals to separate themselves from this kind of life. For those that managed to separate themselves, they came back and shook these foundations and were regarded with suspicion and even considered to be fools or slaves of the colonists. Conflict is said to be the disagreement between individuals or ideas. In the case of our study conflict can be defined as the clash or disagreement of cultures. Culture is a unique phenomenon cherished and protected dearly by a given community. The two books; the Jewel and Lion and Things Fall Apart show how African cultures are subjected to imposition and displacement by the western culture. Whenever there is change conflict comes long for instance in the case of Lakunle, Lakunle a school teacher feels that he is modernized than any other person in the village. Thus he is not ready to pay the bride price and take Sidi as his wife. Sidi, on the other hand, does not agree with Lakunle she feels that when she accepts to be married by him without the bride price, the village people will be against her. Later on, Sidi is married to the traditional chief and leave Lakunle who is considered a fool by the village people and face opposition from them.   The piece shows that in the instance of change there exist disagreement of given ideas. Body Confronted with complications Lakunle is not convincingly representing the modern ideas as he claims. It is evidence that he misunderstands the modern books he reads and the cultural beliefs. For instance, Lakunle tell Sidi that she has a small brain, meaning women brains are deemed to the smaller and dysfunctional compared to the males brains. His thinking on the women brain capacity is dictated by the traditional belief in his community while he calls himself civilized while in the civilized community everyone is equal be it a man of women. Lakunle is also full of fascinations of the superficial modern way of life, for example, the dances, and ballroom and night clubs, showing that he believes in half-baked ideas that justify his actions of refusing to pay the bride price to Sidi. Baroka the 62-year-old chief oppose development brought about by the white people, he believes that the development destroys the way people live. On the other hand, he feels that he should learn a thing from Lakunle as well as Lakunle learn from him. In the Things Fall Apart we see Okonkwo confronted by complications due to cultural conflicts presented by the white men. After he leaves to exile, the white men were able to thrive and to spread their gospel in the village. When he came back, he meets a different community in which he is unable to live in. Everyone including his son had converted to Christianity. Due to his strong belief in the traditional culture, he chooses to die rather than complying with the white men. The role of women in two texts Women in both Things Fall Apart, and The Lion and The Jewel are considered to be man’s property. They can be purchased and accumulated to man’s wealth. Their only role is to get married and have children. In things Fall Apart Okonkwo acquires many wives who he expects to bear many children to promote his legacy in the community and rival that of his father who he regarded as a failure (Achebe, 13). Baroka on the other hand in the Lion and The Jewel acquires wives to promote his status in the community (Soyinka, 4). He is surprised that in five full months he has not acquired a wife, meaning he considered wives to be an addition to his vast wealth. Lakunle undermines the tradition of purchasing a woman by proposing to Sidi and telling her he will marry her without paying the bride price. In this case, the tradition of paying the bride price is condemned by Lakunle while Baroka embraces it and win Sidi. Women are not supposed to make key decisions in the society, but with modernity, women take roles which there were not supposed to like the harvesting of yams in Thing fall apart. We also see Sidi admiring her picture in the magazine and feels that she deserved better men from outside world since she is being seen by people in the western world. She is held up by the culture and even fails to marry Lakunle a modernized man since he does not want to follow the culture by paying the bride price.   The role of chief in two texts In The Lion and the Jewel, Baroka is the chief, and he represents traditional norms and customs. He stands against any foreign change such as the building of railroad near his village. He agrees with the rail contractors signs a letter that states that the village soil is unfit to support the train engine. He does this so that the rail can be moved away from the village. Being a staunch traditionalist, he understands that the presence of rail in the village will lead to penetration of more white who will change the village people culture to western culture.   He promotes the paying of bride price that is why Sidi prefers him to the modernized Lakunle (Soyinka, 6). In Things Fall Apart, the chief also represents the community customs and also moral authority. He struggles with the new political and religious orders introduced by colonialism which he terms as unmanly and feels that he will betray the community if he complies with the new ways. Okonkwo condemns cultural change since h e fears losing social status. After coming from exile, he is unable to adapt to the colonizer way of life which leads to his suicide. Although his stand is not as rigid as that of Baroka in the face of the British Colonists; he maintains law and order in the community. Contexts colonial versus city/technology/modernity In both texts, any change that is introduced by either colonist or modernity is met with resistance. Okonkwo opposes anything that is related to the British administration. Such that when he returned from exile, he could not tolerate the colonizers way of life and ended up taking his life (Achebe, 58). Baroka resists any form of development pioneered by the colonialists, for example, he rejects the construction of the railway line, saying that the soil along the village is fragile and cannot sustain the weight of the engine. Lakunle, on the other hand, a modernized school teacher tries to modernize his community by changing the rule of the bride price. He faces rejection from Sidi and the entire village for going against the culture that dictates marriage rules in the community. He also wishes for construction of motor roads and railroads. His desires and conversations are met with less enthusiasm than he had expected. Cultural values/impacts/reaction Cultural values are highly upheld in both texts, and that is why any threat towards these values is met with negative reaction. Baroka is a staunch traditionalist that is why he enjoys being a polygamist and does not tolerate the introduction of the modern railroad (Soyinka, 4). He also uses traditional knowledge and practices to win Sidi unlike Lakunle who denounce the cultural practice of paying the bride pride price. Lakunle support modernization he wishes that railroads were built in the village which never happened due to the highly upheld cultural values. Lakunle does not understand why the community promotes backwardness and choose to stay in darkness. He tries to change the cultural values, but he fails terribly. Okonkwo seems like the only one still concerned with the Umuofia’s cultural values. He denies the white men entry into the village and strongly refused their cultural value to be changed especially in the context of religion. He also sent away anyone who compl ied with the white men and considered as an outcast in the community. His reactions, although meant to maintain stability, causes a lot of instability in the community that causes Okonkwo to take his life. Education and religion/tradition The educated people in the two books seek to spread the modern ideas to the uneducated people who believe in their old ways of life. They preach out their knowledge with the aim of changing the tribal people to modern ways. Education is strongly rejected by the traditional people who do not see any good the education can offer to them in sustaining their daily lives. Lakunle is the educated person in the village he is rejected by the people in the village due to his modernized way. The rejection is portrayed by the way he dresses and talks to Sidi. He is also considered a fool by the village people when he refuses to pay the bride price to Sidi and loses her to chief Baroka. Sidi is also not willing to be associated with Lakunle due to his modernized behaviours which do not respect their culture. In the things fall apart the colonization is mostly addressed religiously unlike the Lion and the Jewel. The whites condemn the traditional people religion where they tell them that their gods are evil and cannot help them since they direct them to kill and discriminate innocent people. They introduce their God whom they believe takes care of them and is just and good to all. The traditional people reject their religion and fight against it lead by Igbo. After Okonkwo come from exile, he finds a changed community where everyone has turned to the white man’s way. He finds that some churches have been built together with schools. To his surprise, he finds that even his son has converted to Christianity. His staunch belief in the traditional way of life make him feel out of place, he cannot put up with the new ways and eventually commit suicide. Conclusion The two books prominently discuss the theme of culture clash as a result of rapid modernization brought about by the colonial people. Culture transition is highly advocated by the white people who want to see the last outdated African culture in the featured communities. On the other hand, Africans fights any change advocated by the white people. They feel that they have a rich culture and they should preserve it. Conflict arises when the two culture meet since each side wants to stand by culture and beliefs.

The Natural History of the Galapagos Written by Ian Thornton

The theory of evolution is a very interesting, but also a bit of a controversial topic. The Merriam Webster dictionary defines evolution as â€Å"a theory that the differences between modern plants and animals are because of changes that happened by a natural process over a very long time.† Even though many people would and have disagreed with this following statement, the theory of evolution as of now is the best the best way of explaining why people and the animals which are, are on earth today. Like all scientific discoveries the theory of evolution had to be discovered by someone, and this someone’s name was Charles Darwin. Charles Darwin was an English biologist who was born in 1809; he was also a writer and known to be the father of†¦show more content†¦Which would explain many things with humans such as skin color hair type eye color and other different features. Despite all the proof and theories there are for evolution many people out there without a b at of the eye will proclaim the evolution is poppy cock, whether in humans or animals to them it is just a theory and wound ever be thought of as anything more. As of now 1 in 3 Americans do not believe in human evolution. Alan Murray 30 December, 2013. 4 April 4 2014.Pewforum . So as of now the people who do believe in evolution are in the lead but a literal third of the population don’t believe human in evolution. A lot of people would say that humans never evolved from great apes, that humans and animals have remained the same since there first existence on earth. In fact we would notice these people as the people of the religious perspective such as the Christians, Muslims, pretty much any religion that believes man and animal where created by a deity of some sorts, which most refer to as creationist. There are some creationist who do believe in a form of evolution just not that it traces back as far scientist would say it does, such as Ken Ham. Ken Ham is a Young Earth Creationist who was recently in a debate of evolution and creationism with the scientist Bill Nye. â€Å"We would say as creationist the kind in

The Policy Process Part Iii Free Essays

The Policy Process, Part II University of Phoenix HCS 455 The Policy Process, Part II In the paper the author discussed The Policy Process, Part I on how Medicare part D became a policy. The author discussed the details on the formulation, legislative, and implementation stages of the policy. Now time to look at the final stages of the process, of Medicare Part D. We will write a custom essay sample on The Policy Process Part Iii or any similar topic only for you Order Now Which are evaluation, analysis, revision, and methodology stages. In every policy there will be an evaluation stage to see how the policy will work and what needs to be done to evaluate the process. Evaluation Stage The evaluation stage is a process in which policymakers in the Senate and House look at a policy and evaluate the future outcomes of a policy in this case Medicare Part D. For instance once of the evaluation process would be how policymakers would evaluate the pharmaceutical companies to make sure to keep prescription costs down. Another would be to evaluate how many senior citizens are enrolling in the plan. As well as making sure senior citizens have all the information available to them to choose the correct plan that fits their prescription needs. For instance the Kaiser Foundation did a study on the technical problems of Medicare Part D. One of Kaiser’s findings seen confusion on which prescriptions would be covered from the numerous plans that an individual can choose from. As well, as medical providers not getting the new medical software to transition Medicare Part D into their computer systems. This meant that difference agencies like, doctors, insurance companies, and pharmacies run different programs and that have different policies on how to share patient’s information. Now on the other hand, if all these agencies can have the same software this would allow everyone in the patient’s medical circle to share the same codes and computer language. Thus, not having to have a great deal of public pain and confusion about the patient’s drug coverage’s. Another problem was transferring large patient’s files from one insurer to another insurer can take up to six months, from a 2004 study from the Medicare Payment Advisory Commission(Terri Emerick, 2006). One of the solutions to these problems would be to evaluate the information which is being sent to senior citizens. Medicare should send out their booklet to all senior citizens that are in the drug plan. All senior citizens should write down their medications which they are taking. Many seniors that do go to their local senior centers should go online and check out the Medicare website for information. As well calling Medicare to ask questions about which plan will work best for them. Do not forget to talk to your local pharmacist he or she might be able to tell the names of the plans which cover the prescriptions. By evaluating these areas policymakers can get information from outside agencies to do research and come up with results from polls, interviews, and surveys. In evaluating all this information policymakers can form an analysis of Medicare Part D and see what need to be done. Analysis Stage Analyzing Medicare Part D as the author stated earlier one of the problems where the technical problems between the different agencies and sharing patients information. On February 17, 2009 President Obama signed a $787 billion dollar stimulus bill which puts $150 billion dollars on spending health information technology (Omini MD, 2009). This new plan physicians and health professionals will now receive incentives for implementing IT programs into their computer systems. Becoming paperless will maximize Medicare as well as physicians and medical professionals. By 2015 it will be mandatory that all physicians and medical professionals use IT programs. The United States Department of Health and Human Services (HHS) by December 31, 2009 under the stimulus act will develop a set of standards, implementation methods, and criteria for the new IT system to be in place (Chris Silvia, 2009). Another analysis was made about the enrollment period. The enrollment period to enroll in a drug coverage plan is from November 15th through December 31st. Many elderly individuals felt they were getting rushed into signing up for a plan. Most of them were confused and explaining why they must pick a new drug coverage program every year. Many individuals fail to sign up within the six week time frame due to their medical or mental condition. This is something that would need to be analyzed and see if they can extend the enrollment period from six week to 12 weeks. Start the enrollment period on October 1st instead of November 15th. This would give many elderly individuals plenty enough time to pick, choose, and switch plans before the December 31st end date. In this entire analysis one must think there should be revisions made to the policy to make it better. Revision Stage In revising a policy starts by looking to see which policies need to be updated or changed to make the policy better. On September 5, 2008 one of the revisions in Medicare Part D was the use of Electronic Prescription Program (E-prescribing) Centers for Medicare and Medicaid Services (CMS) expects that Medicare Part D sponsors will have all the necessary contracts and systems in place should prescribers desire to use E-prescribing (Claudia Schlosberg, n. . ) As stated in the paragraph above with IT systems for physicians and health professionals using paperless system will maximize Medicare. This revision will not only help out pharmacies but help out physicians. Now this information will allows doctors to find out what prescriptions the patient has used in the past and where the patient usually goes to pick up his or her medications from. By revising this policy ever yone in the medical community can deliver faster and better care for the individual. Since many senior citizens continue to do work, due to their low income, CMS has revised a section on Medicare Part D for employers. Employers whom are offering medication drug coverage’s to Medicare individuals will now disclose to CMS if the plans the employer is offering are creditable. To make sure that the prescription drug plans are creditable, the plans must equal or exceed the actuarial value of defined standard prescription drug coverage under CMS guidelines (Kutak Rock, 2007). This revision in Medicare Part D is very important for seniors, this way seniors can know if the program that they have from work is creditable and make a decision on whether or not he or she should waive the enrollment of Medicare Part D. They employer must submit to CMS all the prescription drug plans that they offer to see if the plans follow CMS guidelines. Employers must also send out information to those individuals in the plan on or before the Medicare Part D enrollment date of November 15th of each year. Purpose and Methodologies One of the methodologies in Medicare Part D was to make sure senior citizens get help with their drug prescription costs. Even thou CMS has many plans to choose from seniors need to do their part in researching some of the plans via internet, CMS hotline, and talking to their pharmacist. In turn the E-prescribing was another to help physicians and pharmacies to collect information more quickly without using any paper. By having everything computerized pharmacists can receive and gather information quickly compared to the old practice of using a fax machine. Using a computer eliminates misplaced fax paper, paper jams, or the fax did not go through. This saves time and money on both parts for the physician and pharmacists. IT software stimulus package the president Obama signed this year to help all healthcare professions to go paperless and receive patient’s information more quickly than before. This as well will save time and money for healthcare professionals in managing patient’s data to make sure all parties involved get the information they need for billing and medical information. So these are just some of the purposes and methodologies for some changes in the Medicare Part D. Conclusion As more senior citizens coming into retirement Medicare Part D will be a major focus of discussion on the political front. Both Democrats and Republicans have different ideas on how to evaluate, analyze, and revise Medicare Part D. Of course, from the author’s perspective having IT software programs in place will help out indeed for all healthcare professionals and providers. Now with the Obama stimulus plan sign this year hopefully, all healthcare professions can be on the same track to get these IT systems in place. The benefits are enormous to getting information faster to the right people, especially in an emergency. Although CMS needs to do a better job on informing seniors about the prescription drug plans, so that way they can make better judgments on the plan they choose. Even better yet cut down on some of these plans these are way too many of them and they are confusing seniors on which plan to choose from. Either way policymakers from both sides need to work with healthcare professional to see what can be done to improve on Medicare Part D. References Chris Silvia (2009). Practices paperless before 2012 could maximize Medicare bonuses. Retrieved December 2, 2011, from http://www. ama-assn. org/amednews/2009/03/16/gvsa0316. htm Claudia Schlosberg (n. d. ). CMS Revises Medicare Prescription Drug Benefit Manuel-Chapter 7 Medication Therapy Management and Quality Improvement Program. Retrieved December 2, 2011, from http://www. ascp. com/advocacy/upload/ASCP%20Summary%20of %20CMS%20Chap%207%20Revisions. pdf Kutak Rock (2007). Medicare Part D: CMS Revises Model Notice and Disclosure Notice Requirements. Retrieved December 2, 2011, from http://www. utakrock. com/publications/employeebenefits/EBCA1107. pdf Omini MD (2011). Medicaid, health IT to see billions from stimulus package signed by Obama. Retrieved December 2, 2011, from http://www. myemrstimulus. com/tag/emr-software/ Omni MD (n. d. ). Medicaid, health IT to see billions from stimulus package signed by Obama. Retrieved December 2, 2011, from http://www. myemrstimulus. com/tag/emr-software/ Terri Eme rick (2006). Part D:Rx for Disaster. Retrieved December 2, 2011, from http://www. epluribusmedia. org/archives/features/2006/0511part_d. html How to cite The Policy Process Part Iii, Essay examples

Geographical Information System Computer-Oriented Technique

Question: Describe about the Geographical Information System for Computer-Oriented Technique. Answer: What is Geographical Information System (GIS)? GIS describes a computer-oriented technique used to analyze, stores, as well as manipulates and visualized the geographic information on a given map. The GIS can also be understood as a computerized system for capturing, storing, checking as well as displaying the data linked to a position on the surface of the earth (Burrough 2010). It is a piece of software which captures the geographic data for manipulation, viewing as well as analysis in whichever context as well as parameters the operator needs or desires. It is being utilized in the analysis of spatial data or geographic information for a particular as well as possible purpose (Cmara et al., 2012). It has the potential to show several different types of data on a single map. This potentiality of GIS allows individuals to more easily view, analyze as well as understand the relationships and patterns. Principle of Geographical Information System (GIS) Principles of cartography Principles of coordinate systems Principles of projections Function of Geographical Information System (GIS) Locating Features GIS tells where points, lines as well as polygons are found. For example, it will show one where the closest gas station is since it helps search for an excellent location by giving information on traffic volumes, demographic and zoning information (Rojanamon, Chaisomphob and Bureekul 2009). Explains Geographical Patterns GIS is used by an ecologist to known suitable habitat for elk by gaining understanding through its collars and forest inventory. Tell about changes over a given period GIS has enhanced understanding of climate change thereby better-evaluating safety concerns like terrain slope and the likelihood of avalanche occurrence. Tell about spatial implication It has help electricity company that wishes to build a transmission line to evaluate the effect on nearby homes, safety, and environment by using GIS-based environmental assessment to understand the landscape. Components of Geographical Information System (GIS) A working GIS incorporates five essential elements including hardware, people, method, data, and software. Hardware The computer on which the GIS operates such as centralized computer servers and desktop computers utilized in networked configuration or stand-alone. Software Provides functions as well as tools required to store, analyzes as well as display geographic information. Data It is the most significant component. It can be spatial data integrated with related data resources. People These are the managers of GIS and developers of plans for applying GIS to real-world problems. They are also users ranging from specialists that design and maintain the GIS to people using GIS to help them undertake everyday work. Methods GIS operates by a well-designed plan and business. It includes models and operating practices distinct to the individual organization. Type of Geographical Information System (GIS) Vector spatial data types- It is comprised of vector graphs with vertices and paths Raster spatial data type- consist of pixels or grid cells. Usually regularly-spaced and square. Advantages and Disadvantages Of Geographical Information System (GIS) (i) Advantages Cost Savings from Greater Efficiency GIS is broadly applied to optimize maintenance schedules as well as daily fleet movements. A saving of between ten and thirty percent in operational expense via a reduction in fuel utilization and staff time, enhanced customer service, and efficient scheduling have resulted from a typical implementation. It helped the Woodland City to refine its fleet scheduling thereby saving labor and fuel (Chrisman 2014). Improved Communication GIS-oriented maps and visualization are increasingly helpful in the understanding of situations and storytelling. GIS language uses a language that enhances communication between various teams and professional fields. Michele Corporation collaboration and communication has been improving by GIS. Better Record Keeping GIS has provided organizations with a robust framework for the management of authoritative records regarding geographical status and change. Montana has achieved ROI of over 9 million dollars based on GIS. Better Decision Making GIS remains the proven go-to technology for better decision making regarding location in real estate and corridor selection and evacuation planning. Taiwan has planned for and responded to typhoons using GIS. (ii) Disadvantages Technical Nature GIS technical nature may portray outcome as being more reliable than they are. GIS errors and assumptions can be hidden resulting in a lack of questioning into the results. Accuracy is data-dependent Analyzing results from a GIS will only be accurate when the data they are drawn from are accurate. Hence, data might fail to serve separate contexts where the data is inapplicable. Applications Of Geographical Information System (GIS) Disaster Management GIS has been used in the Hurrican Katrina where it is believed that it the first time GIS was applied as a tool for managing the disaster. It facilitated the efforts of data transmission both before and during the initial relief efforts that were very useful to the relief efforts. This is because the first responders on the ground shared significant deal regarding the street plans. GIS is currently used in the management of environmental problems and particularly in disaster relief. Crime Statistics GIS is currently essential to law enforcement as well as planning based on crime statistics. This is because the automated together with digital mapping of reported crime has eased the process. This is particularly when looking at various types of crime from separate departments in the major cities (Smith and Tomlinson 2012). Police get a much better idea of an entire picture of a large region based on the ability to share maps as well as look for correlations between various types of crime. The community leaders and police get a better understanding of one another hence enhancing two-way dialogue (Powe et al. 2007). Transport In regards to one of the greatest public works in the United Kingdom currently regarding the planned HIGh Speed 2 (HS2) Grail connection between Manchester and London and later beyond, GIS has been essential. This work involves a massive amount of planning besides agencies have input into the project (Guanfu and Ershun 2008). GIS has been applied to reduce the logistical problem based on the massive amount of data available and gathered on active GIS site so that the effective decisions are reached while concurrently respecting the local environment and local infrastructure (Baker and Cai 2012). References Baker, W.L. and Cai, Y., 2012. The r. le programs for multiscale analysis of landscape structure using the GRASS geographical information system. Landscape ecology, 7(4), pp.291-302. Burrough, P.A., 2010. Principles of geographical information systems for land resources assessment. Cmara, G., Souza, R.C.M., Freitas, U.M. and Garrido, J., 2012. SPRING: Integrating remote sensing and GIS by object-oriented data modelling. Computers graphics, 20(3), pp.395-403. Chrisman, N.R., 2014. Part 2: issues and problems relating to cartographic data use, exchange and transfer: the role of quality information in the long-term functioning of a geographic information system. Cartographica: The International Journal for Geographic Information and Geovisualization, 21(2-3), pp.79-88. Guanfu, S. and Ershun, Z., 2008. Research and Development of Components Geographic Information Systems [J]. Journal of Image and Graphics, 4. Powe, N.A., Garraod, G.D., Brunsdon, C.F. and Willis, K.G., 2007. Using a geographic information system to estimate an hedonic price model of the benefits of woodland access. Forestry, 70(2), pp.139-149. Rojanamon, P., Chaisomphob, T. and Bureekul, T., 2009. Application of geographical information system to site selection of small run-of-river hydropower project by considering engineering/economic/environmental criteria and social impact. Renewable and Sustainable Energy Reviews, 13(9), pp.2336-2348. Smith, D.A. and Tomlinson, R.F., 2012. Assessing costs and benefits of geographical information systems: methodological and implementation issues. International Journal of Geographical Information Systems, 6(3), pp.247-256.

Personal Responsibility of College Students

Introduction Personal responsibility helps a person to accept the fact that one is totally responsible for the actions he or she does. In most cases, when mistakes are made, human beings tend to point fingers at other people or lay the blame on other individuals instead of accepting their involvement (Brown, 2009).Advertising We will write a custom essay sample on Personal Responsibility of College Students specifically for you for only $16.05 $11/page Learn More Personal responsibility plays a vital role in the success of many college students. Most college students find themselves not meeting the balance between personal responsibility and college success. Some students miss classes altogether while some turn in assignments late. Others cram for exams instead of reading and understanding. Sullivan argues that, personal change requires the right timing. Lack of understanding a different perspective, failure to develop a particular skill, ability or prac tice does not mean that a person will never succeed. Personal responsibility Personal responsibility is a person’s ability to take care of him or herself, by keeping healthy, having a sound mind, managing one’s emotion, and even treating oneself with respect. Personal responsibility requires taking responsibility of one’s actions, deeds and behavior and accepting the consequences coming from the actions (Brown, 2009). Personal responsibility requires a person to understand that what one does affects the people around him or her. Personal responsibility and college success Personal responsibility is vital for success in college. Asking for guidance and help is expected in college, but having personal responsibility is the key aspect for being successful. Personal responsibility in college teaches a person to manage time correctly and effectively for future endeavors. It also shows that setting goals and managing to accomplish them is a trait required later on in life. The American dream is to have success in life, raise a family and not have any worry about money, freedom or even health. Such a dream can only be achieved through success in college. People do become successful without going to college, but the easy and most common way is through education, and being personally responsible for a student’s success. It takes a step by step process to become successful, but when one is aware of the importance of achieving that goal, the better off a person will be in the long run.Advertising Looking for essay on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Personal responsibility requires a person to acknowledge what one wants to achieve in college, understand the need to manage time effectively and wisely, between the outside and college life (Downing, 2004). Students who are aware of their learning styles benefit the materials they are learning best. Time management is extreme ly crucial to being successful in college. There are other aspects in life which are, in fact, demanding when it comes to personal time like television, and social networking, friends and family. An individual is required to have the capacity to prioritize what is essential and what is optional on order to manage time well. Conclusion Schoolwork is the major personal responsibility college students have. College achievement begins with the awareness of what one desires and an understanding of the requirements to be achieved, in order to complete the mission at hand (Downing, 2004). The connection between college success and individual responsibility is not distinct. Creating a schedule for homework or class assignment denotes that people are personally responsible for their personal actions and, they identify what requires to be done for college success to be achieved. Personal responsibility is what guides students in what to do, and it instills self discipline, which govern their behavior and actions. References Brown, A. (2009). Personal responsibility: Why it matters. New York: Continuum. Downing, S. (2004). On course: strategies for creating success in college and in life. Boston: Houghton Mifflin Co. This essay on Personal Responsibility of College Students was written and submitted by user Jaycob H. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Aldebaran, the Fiery Orange-Red Eye of a Starry Bull

Aldebaran, the Fiery Orange-Red Eye of a Starry Bull Behind every star in the sky is a fascinating origin tale. Just as the Sun does, they shine by burning fuel in their cores and giving off light. And, like the Sun, many have their planets. All were born in a cloud of gas and dust millions or billions of years ago. And, eventually, all stars grow old and evolve. Thats whats happening to Aldebaran, a star that is practically a neighbor to our own star, the Sun, at 65 light-years distance. Youve probably seen Aldebaran in the constellation Taurus (which is visible to us at night from about October through March each year). Its the reddish-orange star at the top of the V-shaped face of the Bull. Observers in ancient times saw it as many things. The name Aldebaran is from the Arabic word for follower, and it does seem to follow along as the Pleiades star cluster rises higher in the sky late in the year. For the Greeks and Romans it was the eye or the heart of the bull. In India, it represented an astronomical house, and portrayed it a deitys daughter. Others around the world have associated it with the season to come, or even as an aid to the Pleiades (who, in some cultures, were seven women in the sky).   Observing Aldebaran The star itself is fairly easy to spot, particularly beginning in the evening skies of October each year. It also presents a remarkable  experience for skygazers patient enough to wait for it: an occultation. Aldebaran lies close to the ecliptic, which is the imaginary line along which the planets and Moon appear to move as seen from Earth. Occasionally, the Moon will slide between Earth and Aldebaran, essentially occulting it. The event is visible from northern hemisphere locations in the early autumn. Observers with a keen interest in watching it happen  through a telescope can see a detailed   view of the lunar surface  as the star slips slowly behind the Moon and then reappear a short time later. Why Is it in a Vee of Stars? Aldebaran looks like its part of a cluster of stars called the Hyades. This is a V-shaped moving association of stars that lies much farther away from us than Aldebaran does, at a distance of about 153 light-years. Aldebaran happens to lie in the line of sight between Earth and the cluster, so it appears to be part of the cluster. The Hyades themselves are fairly young stars, about 600 million years old. Theyre moving together through the galaxy and in a billion years or so, the stars will have evolved and grown older and scattered apart from each other. Aldebaran will have moved from its position, too, so future observers will no longer see an angry red eye at the top of a vee-shaped swarm of stars. What is Aldebarans Status? Technically speaking Aldebaran is a star that has stopped fusing hydrogen in its core (all stars do this at some point in their lives)  and is now fusing it in a shell of plasma surrounding the core. The core itself is made of helium and collapsed in on itself, sending the temperature and pressure soaring. That heats up the outer layers, causing them to swell. Aldebaran has puffed out so much that its now nearly 45 times the size of the Sun, and is now a red giant. It varies slightly in its brightness, and is slowly blowing its mass out to space. Aldebarans Future In the very distant future, Aldebaran may experience something called a helium flash in its future. This will happen if the core (which is made of helium atoms) gets so densely packed that helium starts trying to fuse to make carbon. The temperature of the core has to be at least 100,000,000 degrees before this will happen, and when it gets that hot, almost all the helium will fuse at once, in a flash. After that, Aldebaran will start to cool and shrink, losing its red giant status. The outer layers of the atmosphere will puff away, forming a glowing cloud of gas that astronomers refer to as a planetary nebula. This wont happen any time soon, but when it does, Aldebaran will, for a short time, glow even more brightly than it does now. Then, it will dim down, and fade slowly away.

PICOT question, where to search Coursework Example | Topics and Well Written Essays - 250 words

PICOT question, where to search - Coursework Example The presence of such services will ensure incoming patients are treated in a timely manner to avoid congestion in the ER. The implementation psychiatric services in the healthcare institution will ensure that there is less retention of patients in the ER. Continued holding of patients in the ER with absence of medical and service administration to them imposes adverse effects on patients. As a result, an immediate intervention is necessary to ensure efficiency in service delivery. The institution of psychiatric services in the health institution ensures a timely and effective delivery of medical services to behavioral patients. On the other hand, an increase in hospital beds will take care of the rising inpatient demand in the ER. The aforementioned factors will play a necessary role in ensuring unlimited beds for ER patients. The intervention mechanism in healthcare facilities must take immediate effect because of the rising inpatient demand in in the ER. As a result of the rising demand for the behavioral patients, it is imperative for the implementation of psychiatrist service that will ensure a minimum of four hours attendance to patients after arrival (Doran, 2013). Medical practitioners have an imperative role in the determination of efficient medical and health services to patients. Literature review provides comprehensive and clear information on the provision for more ER beds in hospitals so as to cater for the rising number of behavioral patients. The increased world-wide population is prone to a vast range of diseases that call for immediate intervention (Doran, 2013). Therefore, it is imperative for governments, and respective private agencies to intervene on the

What systems are used to effectively manage service quality in the Essay

What systems are used to effectively manage service quality in the hospitality industry Discuss and evaluate the benefits and issues that arise from a strategi - Essay Example The strategic systems available for measuring quality of service delivery involve revenue enhancement strategies, routine and in-depth staff performance evaluations and tools which are directed specifically at the firm’s clientelle. This project discusses the aforementioned strategic tools whilst also highlighting the potential positive and negative outcomes of these approaches to measuring service quality. One dimension of service quality pertaining to customer perceptions of the appropriateness of service delivery involves the functional elements of service delivery, such as the tangible methodology of practice regarding how the service was delivered (Miguel, Silva, Chiosini & Schiitzer, 2004). These delivery elements include basic concepts such as the friendliness of staff members, availability of staff, quality of food preparation, ease of check-out in the hotel environment or any other aspect which involves the facility and the service aptitudes of the industry’s internal staff (Grossman, 1999). From a different researcher perspective, these elements of service delivery are categorised as interaction quality which directly involves the customer-staff interventions and associations during the process of patronising the hospitality firm (Alexandris, Kouthouris & Meligdis, 2006). The strategic approach to measuring the quality of the aforementioned aspects of service delivery can be accomplished, in theory, in a distinct process: Assessment of customer-based revenue streams utilised comparatively to changes in service methodology to determine a correlation between frequency of customer re-visit to the facility and changes to the service delivery practices in the firm between strategic groups. As a step toward strategic revenues management, the process of obtaining the firm’s highest conceivable revenues based on the sale of the firm’s total capacity (Ng, 2006),

Examining The Concept Of Hindu Law Religion Essay

Examining The Concept Of Hindu Law Religion Essay The phrase source of law has several connotations. It may be the authority which issues rules of conduct which are recognized by Courts as binding. In this context, source of law means the maker of law. It may mean the social conditions which inspires the making of law for the governance of the conditions. In this context it means cause of law. It may also mean in its literal sense the material from which the rules and laws are known. In this sense the expression means the evidence of law and it is in this sense that the expression source of law is accepted in Jurisprudence. Vijnaneshwar (commentator on the Yajnavalkya Smriti and founder of Mitakshara School) has called it Jnapak Hetu i.e., the means of knowing law. It is important to study the sources of law because in every personal legal system only that rule is law which has place in its sources. A rule not laid down or not recognized in the sources is not a rule in that legal system. The word Hindu first appeared in the  Old Persian  language which was derived from the  Sanskrit  word  Sindhu, the historic local designation for the  Indus River  in the north-western part of the  Indian subcontinent. A Hindu is an adherent of Hinduism. Hindu law is a set of personal laws governing the social conditions of Hindus (such as marriage and divorce, adoption, inheritance, minority and guardianship, family matters, etc.). It is not Hindus alone who must follow Hindu law but there are several other communities and religious denominations that are subject to its dominion such as Jains, Buddhists, Sikhs, Brahmo-Samajists, Prarthana-Samajists, the Virashaivas and Lingayats and the Santhals of Chhota Nagpur besides others. In Sir Dinshah F.Mullas Principles of Hindu Law, the learned editor has defined Hindu law in the following words: Wherever the laws of India admit operation of a personal law, the rights and obligations of a Hindu are determined by Hindu law, i.e. his traditional law, sometimes called the law of his religion, subject to the exception that any part of that law may be modified or abrogated by statute. Law as understood by Hindus is a branch of dharma. Nature and scope: In the article project, the scope will be restricted to finding out the sources of Hindu law, and critique on some of the definitional aspects of the sources and a general critique of the sources. Sources of Hindu Law The sources of Hindu law can be classified under the following two heads: Ancient Sources Under this would come the following: Shruti Smriti Digests and Commentaries and Custom. Modern Sources Under this head would come: Justice, equity and good conscience Precedent, and Legislation. Ancient Sources Shruti- It literally means that which has been heard. The word is derived from the root shru which means to hear. In theory, it is the primary and paramount source of Hindu law and is believed to be the language of the divine revelation through the sages. The synonym of shruti is veda. It is derived from the root vid meaning to know. The term Veda is based on the tradition that they are the repository of all knowledge. There are four Vedas namely, Rig Veda (containing hymns in Sanskrit to be recited by the chief priest), Yajurva Veda (containing formulas to be recited by the officiating priest), Sama Veda (containing verses to be chanted by seers) and Atharva Veda (containing a collection of spells and incantations, stories, predictions, apotropaic charms and some speculative hymns). Each Veda has three parts viz. Sanhita (which consists mainly of the hymns), Brahmin (tells us our duties and means of performing them) and Upanishad (containing the essence of these duties). The shrutis include the Vedas along with their components. Smritis- The word Smriti is derived from the root smri meaning to remember. Traditionally, Smritis contain those portions of the Shrutis which the sages forgot in their original form and the idea whereby they wrote in their own language with the help of their memory. Thus, the basis of the Smritis is Shrutis but they are human works. There are two kinds of Smritis viz. Dharmasutras and Dharmashastras. Their subject matter is almost the same. The difference is that the Dharmasutras are written in prose, in short maxims (Sutras) and the Dharmashastras are composed in poetry (Shlokas). However, occasionally, we find Shlokas in Dharmasutras and Sutras in the Dharmashastras. In a narrow sense, the word Smriti is used to denote the poetical Dharmashastras. The number of Smriti writers is almost impossible to determine but some of the noted Smriti writers enumerated by Yajnavalkya (sage from Mithila and a major figure in the Upanishads) are Manu, Atri, Vishnu, Harita, Yajnavalkya, Yama, Katyayana, Brihaspati, Parashar, Vyas, Shankh, Daksha, Gautama, Shatatapa, Vasishtha, etc. The rules laid down in Smritis can be divided into three categories viz. Achar (relating to morality), Vyavahar (signifying procedural and substantive rules which the King or the State applied for settling disputes in the adjudication of justice) and Prayaschit (signifying the penal provision for commission of a wrong). Digests and Commentaries- After Shrutis came the era of commentators and digests. Commentaries (Tika or Bhashya) and Digests (Nibandhs) covered a period of more than thousand years from 7th century to 1800 A.D. In the first part of the period most of the commentaries were written on the Smritis but in the later period the works were in the nature of digests containing a synthesis of the various Smritis and explaining and reconciling the various contradictions. The evolution of the different schools of Hindu law has been possible on account of the different commentaries that were written by various authorities. The original source of Hindu law was the same for all Hindus. But schools of Hindu law arose as the people chose to adhere to one or the other school for different reasons. The Dayabhaga and Mitakshara are the two major schools of Hindu law. The Dayabhaga school of law is based on the commentaries of Jimutvahana (author of Dayabhaga which is the digest of all Codes) and the Mitakshara is based on the commentaries written by Vijnaneswar on the Code of Yajnavalkya. Custom- Custom is regarded as the third source of Hindu law. From the earliest period custom (achara) is regarded as the highest dharma. As defined by the Judicial Committee custom signifies a rule which in a particular family or in a particular class or district has from long usage obtained the force of law. Custom is a principle source and its position is next to the Shrutis and Smritis but usage of custom prevails over the Smritis. It is superior to written law. There are certain characteristics which need to be fulfilled for declaring custom to be a valid one. They are:- The custom must be ancient. The particular usage must have been practised for a long time and accepted by common consent as a governing rule of a particular society. The custom must be certain and should be free from any sort of ambiguity. It must also be free from technicalities. The custom must be reasonable and not against any existing law. It must not be immoral or against any public policy and The custom must have been continuously and uniformly followed for a long time. Indian Courts recognize three types of customs viz: (a) Local custom these are customs recognised by Courts to have been prevalent in a particular region or locality. (b) Class custom these are customs which are acted upon by a particular class. Eg. There is a custom among a class of Vaishyas to the effect that desertion or abandonment of the wife by the husband abrogates the marriage and the wife is free to marry again during the life-time of the husband. (c) Family custom these are customs which are binding upon the members of a family. Eg. There is a custom in families of ancient India that the eldest male member of the family shall inherit the estates. Modern Sources Justice, equity and good conscience- Occasionally it might happen that a dispute comes before a Court which cannot be settled by the application of any existing rule in any of the sources available. Such a situation may be rare but it is possible because not every kind of fact situation which arises can have a corresponding law governing it. The Courts cannot refuse to the settle the dispute in the absence of law and they are under an obligation to decide such a case also. For determining such cases, the Courts rely upon the basic values, norms and standards of fairplay and propriety. In terminology, this is known as principles of justice, equity and good conscience. They may also be termed as Natural law. This principle in our country has enjoyed the status of a source of law since the 18th century when the British administration made it clear that in the absence of a rule, the above principle shall be applied. Legislations- Legislations are Acts of Parliament which have been playing a profound role in the formation of Hindu law. After India achieved independence, some important aspects of Hindu Law have been codified. Few examples of important Statutes are The Hindu Marriage Act, 1955, The Hindu Adoptions and Maintenance Act, 1956, The Hindu Succession Act, 1956, The Hindu Minority and Guardianship Act, 1956, etc. After codification, any point dealt with by the codified law is final. The enactment overrides all prior law, whether based on custom or otherwise unless an express saving is provided for in the enactment itself. In matters not specifically covered by the codified law, the old textual law contains to have application. Precedents- After the establishment of British rule, the hierarchy of Courts was established. The doctrine of precedent based on the principle of treating like cases alike was established. Today, the decisions of Privy Council are binding on all the lower Courts in India except where they have been modified or altered by the Supreme Court whose decisions are binding on all the Courts except for itself. A Critique on the Sources It is significant to note that the term Hindu is not defined anywhere in terms of religion or in any statute or judicial decisions. For the purpose of determining to whom Hindu Law applies, it is necessary to know who is a Hindu and none of the sources expressly state so. At most from statutes, we can get a negative definition of a Hindu which states that Hindu law shall apply to those who are not Muslim, Christian, Parsi, Jew, etc. and who are not governed by any other law. Hindu Law is considered to be divine law as it is strongly believed that the sages had attained some spiritual dominion and they could communicate directly with God form whom we get the divine law. But this is only an assumption and no concrete proof for the same is shown that the sages could communicate with God (whose very existence is challenged by atheists). Due to this, many communities are also suffering from the misapprehension or delusion that their forefathers and messiahs had revelations from God. Justice A.M.Bhattacharjee strongly states that according to him he cannot think that even a staunch believer in any divine existence, transcendent or immanent, can believe in the divine origin of Hindu law, unless he has a motive behind such profession of belief or has not read the Smritis or is ready to believe anything and everything with slavish infidelity. According to Justice Markandey Katju, Hindu law does not originate from the Vedas (also called Shruti). He vehemently asserts that there are many who propound that Hindu law originated from the Shrutis but this is a fiction and in fact Hindu law originated from the Smriti books which contained writings from Sanskrit scholars in ancient time who had specialized in law. The Shrutis hardly consist of any law and the writings ordained in the Smriti do not make any clear-cut distinction between rules of law and rules of morality or religion. In most of the manuscripts, the ethical, moral and legal principles are woven into one. It is perhaps for this reason that according to Hindu tradition, law did not mean only in the Austinian sense of jurisprudence and is objectionable to it; and the word used in place of law was the Sanskrit word dharma which connotes religion as well as duty. Although Dharmasutras dealt with law, they did not provide an anthology of law dealing with all the branches of law. The Manusmriti supplied a much needed legal exposition which could be a compendium of law. But according to Kane, It is almost impossible to say who composed the Manusmriti. The very existence of Manu is regarded to be a myth by many and he is termed as a mythological character. Many critics assert that the word Smriti itself means that what is remembered and therefore the validity or proof of the existing Smritis could be challenged. It cannot be said for certainty that what the sages remembered was actually what was propounded. Hindu law has generally been critiqued on the grounds that the Smritis and other customs were generally extremely orthodox and against the favours of women. Hindu society thus has always been a patriarchal society and women have always received subdued importance over men. Some also disapprove of the notions of caste-based system created by ancient Hindu law from which emerged the ill-perceived practices of untouchability, etc. The Smritis are admitted to possess independent authority but while their authority is beyond dispute, their meanings are open to various interpretations and has been and is the subject of much dispute. Till date, no one can say for sure the exact amount of Smritis which exist under Hindu law. It is due to the abovementioned problems that the digest and commentaries were established and various schools of Hindu law started to give birth. The modern sources of Hindu law such as Justice, equity and good conscience have been critiqued on the grounds that it paves the way for personal opinions and beliefs of judges to be made into law. We have seen catena of cases where the decisions of the Court have been criticised for want of proper reasoning. This also signifies the incompleteness of the laws which exist. The Supreme Court in most matters has ascertained the rules of Hindu law successfully but there are couple of cases where they have interpreted the rules in their own light. One of the gravest cases of the Supreme Court which deserves much criticism is the case of Krishna Singh v. Mathura Ahir. The Allahabad High Court had rightly held that the discriminatory ban imposed on the Sudras by the Smritis stands abrogated as it contravenes the Fundamental Rights guaranteed by the Constitution. However, the Supreme Court contradicted the above view and held that Part III of the Constitution does not touch upon the personal laws of the parties. In applying the personal laws of the parties one cannot introduce his own concepts of modern times but should enforce the law as derived from recognised and authoritative sources of Hindu law.except where such law is altered by any usage or custom or is modified or abrogated by statute. It can be submitted with ease that the above view is contrary to all Constitutional theories and is expressly in contradiction with Article 13. It is shocking to note that this judgment is yet to be over-ruled in express terms. Since the aegis of time, Hindu law has been reformed and modified to some extent through legislations but these reforms have been half-hearted and fragmentary. The problem with fragmentary reforms is that though reforms were made to change some aspects, their implications on other aspects were over-looked. For example, the Hindu Womens Right to Property Act, 1937, was passed with a view to granting property rights to women but its repercussions on the law of joint family was over-looked. The result was that fragmentary reforms through legislations solved some problems but resulted in others. Many people make the mistake of considering various text books written by erudite scholars as sources of Hindu law. This is because the Courts have decided many cases relying on these text books and quoted them for reference. For example, Mullas Hindu Law has been quoted by many judges. In Bishundeo v. Seogani Rai, Justice Bose giving the majority judgment stated that The rule laid down in Mullas book is expressly stated to be in cases where the position is not effected by a decree of a competent Court. The same has been the case with many other text books. It should be made clear that text books are not sources of Hindu law and the authors have no authority to lay down the law. Conclusion It has been seen that Hindu law has been critiqued for its orthodoxy, patriarchal character and does not bear a very modern outlook of society. There are many areas where the Hindu law needs to upgrade itself, for example, the irretrievable breakdown theory as a valid ground for divorce is still not recognised under the Hindu Marriage Act, 1955, and even the of Supreme Court have expressed their concern on this. The most valid concern is that the very definition of a Hindu is still not given in any of the sources. Statutes give only a negative definition which does not suffice the test of time. The very proponent that Hindu law is divine law has been challenged by scholars and atheists. There are many Smritis which are yet to be found according to Historians and many conflicts of opinions and interpretations have arisen for the existing ones, thus creating a window of ambiguity under Hindu law. There are also several areas where Hindu law is silent. Most of the ancient sources of Hindu law is written in Sanskrit and it is well known that in the present times there is a dearth of Sanskrit scholars. There is hardly any importance left of the ancient sources since the time the modern sources have emerged and been followed. It can be said that proper codification of Hindu law without room for ambiguity is the need of the hour. It can be said that where the present sources of Hindu law are uninviting the Legislature could look into sources and customs of other religions and incorporate them into Hindu law if it caters to the need of the society and meets the test of time.

A Comparative Study on High School Students Between the United States and China Essay

With the development of global economy, the competition in education is becoming an important part of the international competitions. Students all over the world are competing with not only the students in their country but the students in the world. To some degrees, the future competitiveness of a country relies on how great their students are. As for students, their high school time is the critical period in their life, when they form their outlook on life and find out what they want to do in the future. High school students in both the United States and China have huge differences in their school life. First, curriculum. Students in American high school are required to take Science, Mathematics, English, Social sciences, Physical education and other electives such as Computers, Foreign language etc. Nearly 40 percent of U.S. high school students do not take any science class more challenging than general biology. And 55 percent of students do not take any math courses beyond two y ears of algebra and one year of geometry. While in China, the academic curriculum consists of Chinese, Mathematics, English, Physics, Chemistry, Biology, Geography, History, etc. The requirement to Chinese students in Mathematics & Science is considered to be quite high. Second, time on studying. According to the research conveyed by BPP production team, American students spend 302,400 minutes in school during their high school time for 4 years while Chinese students spend 583,200 minutes. If adding that to the time spent doing homework and studying after school, by the end of the high school, Chinese students have spent twice as many hours studying as American students. But even though Chinese students spend more time studying, it seems that their homework can never be finished. Thus, Chinese students try their best to enhance their learning efficiency in order to squeeze more time. However, it doesn’t mean that American children don’t work hard. The core of the difference is the distribution of time. American students devote their time to playing sports, doing part-time jobs, and even dating with others, which make them energetic and social. From this aspect, the education system of American high school is more flexible than Chinese since it encourages student s to develop comprehensively and get close to the society. Third, expectation of  parents. In China, parents think highly of the education for their children. They tend to choose roads for their children to follow and make critical decisions for them, like which college to enter, or which major to learn. Especially for the top students, parents usually pay for several kinds of lessons as part of their investment in their education in order to open up a lead in the competition for their children. But American parents seem more relaxed. The percentage of parents who think their child’s high school is teaching the right amount of Math and Science is 70%. American parents have ideas about the future of their children but seldom make decisions for them. So Chinese students face with more pressure from parents. Different education styles result in different students. American students score highly in one area relative to their international peers: self-confidence. They worship freedom and balance work and relaxation well, leading them be optimistic about the future. On the contrary, Chinese students in high school own much academic knowledge so that they do better in examinations. But it cannot make a conclusion hastily that whether high school in both China and U.S,A is good or not because the education system is based on the economic situation of China and America. To make an end, to improve the competitiveness of a country, it is necessary to compare the education system to that in other countries, find out advantages and disadvantages and make some changes to cultivate talents. References: Net 1 BPP production team. ä ¸ ¤Ã§â„¢ ¾Ã¤ ¸â€¡Ã¥Ë†â€ Ã©â€™Å¸Ã¨â‚¬Æ'Ã¥ ¯Å¸Ã¤ ¸ ­Ã§ ¾Å½Ã¥  °Ã¦â€¢â„¢Ã¨â€š ²Ã¥ · ®Ã¥ ¼â€š. [DB/OL] http://video.sina.com.cn/v/b/83732476-2036021381.html, 2012-08-17 Net 2 Wikipedia. Education in the People’s Republic of China. [EB/OL] http://en.wikipedia.org/wiki/Education_in_the_People’s_Republic_of_China#Secondary_education, 2013-06-13 Net 3 Wikipedia. Education in the United States. [EB/OL] http://en.wikipedia.org/wiki/Education_in_the_United_States#Secondary_education, 2013-06-13

Communication and Personality in Negotiation

Over the years, negotiation has been a tactic used for different situations whether personal or professional. In theory, negotiation concepts and terms have been used to understand and analyze the purpose of negotiation by evaluating different characteristics. To better understand the concept of negotiation, the roles of communication and personality in negotiation and how they contributed to or detracted from the negotiation is analyzed. For example, a scenario is used further into this paper demonstrating these roles in the area of sales, using the different processes of negotiation in a win- win situation. In the process of negotiation, two parties usually resolve a situation using the process of perception to connect in their surrounding environment. However, negotiation is the bargaining between two parties who are trying to attain or win a situation, utilizing the key concepts of managing interdependence, engaging in mutual adjustment, creating value, and managing a conflict. Although these key concepts are the stepping stone in the function to negotiate, communication and personality roles in negotiation usually determines the different areas of communication and personality that analyzes different non verbal communication levels, communication channels, listening, and the five big personality factors in negotiation. Thus conflict also plays an important role where decisions and goals are perceived. The communication role. In the role of communication, the acceptable functions of questioning, active listening, positive eye contact and body language, and non polarizing language usually encodes and decodes messages that are been carried from one party to another which then results in a positive or negative feedback. Hence, the function of questioning in negotiation is used by an arguing party when they are trying to find out the sole purpose of the other parties goal in order to reach an understanding. This function questioning, is communicated through eye contact when a question is been asked, head nods to reveal understanding, and gestures to demonstrate the question. Also, questioning can take place face to face, on the phone or even through e-mail. These levels of communication described may be known as non verbal or different communication channels used in many functions of negotiation. On the other hand, active listening is perceived when a receiver in the arguing party restates or paraphrases the sender’s message in their own language (S. B. Lewicki , 2005). Positive eye contact and body language, and non polarizing language illustrate the negotiators’ feelings, reactions or thoughts for interpretation. The personality role An individual’s personality evaluates factors of that individual when in negotiation. A person who is in a negotiation may attain the factors of extroversion, agreeableness, conscientiousness, and emotional stability. A person who has the personality trait of being extroversion is more relaxed and very confident, but needs stimulation to express emotions (extraversion, 2002). Agreeableness as a personality is one trait that comes out when both parties can agree on the similarities of a situation to close their bargaining. Conscientiousness displays emotion at its best when an individual is trying to get over on someone, but does not care because they are the one who will come out on top at the end of the situation. Moreover, emotional stability can be described as an individual who keeps a poker face in any situation. This personality trait is perceived by others as power. Conflict. Conflict in negotiation usually arises when two parties are negotiating for different goals. There are four levels of conflict; intrapersonal conflict that happens within a person, interpersonal that happens between two individuals, intergroup happens within a group, and intergroup that happens between groups. On a whole, conflict is what leads to negotiation in regard to solving a problem for a win-win situation. Scenario As mentioned in the above, negotiation has been a tactic used for different situations whether personal or professional. In this scenario, a sales representative at ADT security Systems was contacting a previous ADT customer who has an inactive alarm in their home. In addition, when the customer was contacted, the sales rep asked the customer if they wanted to be reactivated for free as a part of a special promotion that ADT was offering. As a result, the customer was very perceptive because of constant bad experiences with ADT as a security service provider. This customer’s bad experience was based on equipment not working, alarm keep on going off when there wasn’t anyone breaking in, and having low battery all the time. Because of these poor happenings, the customer went to the competition of ADT which is brinks as a security service provider. Furthermore, the customer told the sales representative that he would go back to ADT if he could get a credit towards a new alarm system or a lower monthly than what he is currently paying with brinks. The customer pays $25. 99 with brinks based on just monitoring. Being in sales, the sales representative asked the customer if maintenance was included in the monitoring charge (maintenance is an extra charge for malfunctions of systems where the company comes out and fix for free) the customer said no. In contrast, the sales representative told the customer that she can offer him a monthly plan that includes maintenance and an extra two months free. The customer began thinking because he had never had that offer with brinks, but he was also persistent because the monthly was $8. 00 dollars higher than brinks. On a negotiated aspect, the customer started declining, saying that was not enough and wanted more, so the sales representative began offering him free equipment in exchange for him paying the monthly that she was offering. Thinking is what the customer was doing, he eventually caved to the sales representative terms, got his free equipments, and the sales rep got her sale at a higher monthly than what the customer was paying for brinks. By contrast, this situation was a win-win situation for both the customer and the sales representative at ADT security systems. Negotiation occurs when there are conflicts to be resolved. These conflicts may arise when two parties cannot agree or when two parties needs to resolve a problem. The process of negotiation has been used for many years covering the areas of sales or contracts. Some negotiations are of win-win situations and some or not, depending on the dilemma. Is it necessary to negotiate? Yes it is. Why? Negotiation brings out characteristics in situations to decode messages that are perceived the wrong or right way. Negotiation is the tool of effectiveness to get the problem solved efficiently. References S. B . Lewicki , 2005. Negotiation chapter 5, the McGraw Hill companies 2005. Retrieved on September 30th, 2009, from https://ecampus. phoenix. edu/content/eBookLibrary2/content/DownloadList. aspx? assetMetaId=9ef17708-1ddf-4b07-b135-33c10b621f8e&assetDataId=42d4c19a-d69c-4c0c-99ad-e443574b3e01 Extraversion, 2002. Extraversion. Retrieved on September 30th, 2009, from http://changingminds. org/explanations/preferences/extravert_introvert. htm

The African American Struggle During The United States Essay

The African American Struggle in the United States Before the civil rights movement in America, many writers that grew up during times of oppression and racial discrimination began to speak out about the problems African Americans faced. Wilson, Hughes, and Hansberry explore the themes of racism and the American dream in their works to reveal the situation for black Americans in the United States during the time period after World War II. The American dream is the idea that every person should have the chance to be successful in the United States. People from all over flocked to the US in hopes of achieving this American dream that everyone talked about; however, things were not quite as expected when they got here. The whole idea was gilded, so to speak. From the outside, everything looked perfect, but once these people settled down in America, they soon realized that it was not everything it had been made out to be. Another huge movement of people in America was the Great Migration. In both Fences and A Raisin in the Sun, the older generations â€Å"participates in the Great Migration to escape peonage, Jim Crow, and the South’s racist terrorism in the hope of securing a better life in the North† (Hannah 158). It was a period that lasted for several decades when black Americans living in the south migrated to the North and West in hopes of escaping slavery and poverty in the south. They traveled to major cities such as New York and Chicago trying to land jobs in factories.Show MoreRelatedThe Role Of Civil Disobedience And The Civil Rights Movement1503 Words   |  7 PagesProtests have long been an essential part of American life, employed to to draw attention to critical issues,events, and injustices. Ranging from peaceful marches to powerful acts of civil disobedience, not only in the United States but in Central American countries such as Nicaragua. 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