A Federalist Government essays

A Federalist Government essays The Constitution guarantees a federalist government by stating in the tenth amendment that ,The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or the people. The framers did this to prevent a single person, or group of people to gain too much power. One example of the Federal system at work is that the state of North Dakota does not require voters to register in order to cast their votes. While other states choose to require their voters to register. While Federalism allows state governments to handle their local issues, the National government can deal with issues of defense and foreign affairs. If a certain state were to need help, the Federal governments resources, and other states may be joined together to help the state in need. The supreme court has the authority to change laws in both statutory law and in administrative law, as well. This authority lies in the judicial review. Judicial review was first adopted in MARBURY v. MADISON. It is what guards against a tyrannical government, which might enact, laws which could strip us of individual rights and personal freedoms, guaranteed to us in our Constitution. One example is BUSH, George W. v. PALM BEACH CUNTY CANVASSING BOARD, ET AL. The question was Whether post-election judicial limitations on the discretion granted by the legislature to state executive officials to certify election results, and/or post-election judicially created standards for the determination of controversies concerning the appointment of presidential electors, violate the Due Process Clause or 3 U.S.C. s 5, which requires that a State resolve controversies relating to the appointment of electors under "laws enacted prior to" election day. The United States Constitution (Article IV: Section 1.) ...

Eureka Stockade essays

Eureka Stockade essays Analyse the causes of the Eureka Stockade In December 1854, a hundred and fifty gold diggers on the Ballarat goldfields finally rebelled against the Victorian government and built a wooden fort on a hill that became the Eureka Stockade. A main cause for this was the high price for the gold license that every miner had to carry. Another cause was the constant harassment of the diggers by the police, or traps during the license hunts. The final event that made the diggers anger snap was the murder of a miner by a hotel owner. Tensions on the goldfields were sparked by the gold licenses that were introduced by Governor Lrobe in 1851. It was the law that every male digger has to have one regardless of whether he found gold or not. Initially, these were very expensive at thirty shillings per month, but the price was later reduced to two pounds for three months. Despite the reduction in price, the diggers were still not satisfied as they thought that the gold license system was unfair and soon, unsuccessful diggers could no longer afford to keep renewing their licenses. Another cause of the rebellion was the license hunts carried out by the police. These would occur twice a week and would consist of police requesting miners to show their licenses. This made the miners agitated as they would be asked by police to show their licenses several times in one afternoon, this meant that shaft diggers would have to climb up the deep shaft many times during the day. If a digger was found to not have been carrying his license on him, they would be chained or tied up to logs and trees and be kept there during the heat of the sun and the freezing temperatures of the night. The miners would be punished like this if they had left their gold license at home or was not carrying it. The final incident that made the diggers snap was the murder of the miner Scobie by owner of the Eureka Hotel, James Bentley. ...

Clostridium Botulinum Research Paper Example | Topics and Well Written Essays - 750 words

Clostridium Botulinum - Research Paper Example Furthermore, these spores may at times get into the human gastrointestinal system and can be able to withstand the hostile environment. Once the spores reach the colon, some germinate to produce the bacteria, but in cases of adults, often cannot withstand competition from the normal microflora. However, in infants, due to lack or few existing microflora, these organisms often take advantage of multiplying and causing infections through production of botulinum toxin. In relation to botulinum toxin, there exist several types: Toxin A, B, C, D, E, F, and G. There are only types A, B, E and rarely F, which mostly cause the flaccid paralysis symptom in humans. The other types often cause disease in animals. Botulinum toxin often results to a condition called botulism. Botulism This is a paralytic illness that results due to the botulinum toxin. Botulinum toxin is a neurotoxin. People often get the toxin in their bodies via ingestion of contaminated foods already having botulinum toxin, th rough the bacteria infecting a wound and producing the toxin, and through consuming spores that produce the bacteria that finally produces the toxin to cause the condition (Smith 34). From the three modes of in which botulinum toxin could get into the human body system, one could identify three types of botulism namely; food borne botulism, wound botulism and infant botulism. Botulism is a fatal condition and all times considered medical emergencies. Botulism neurotoxins often prevent neurotransmitters in the nervous system from functioning properly. In fact, they usually inhibit the functioning of the motor control. A patient often exhibits paralysis stating from top to bottom, beginning from the eyes, face as it moves down the neck, chest, upper limbs and lower limbs (Shneider, Chang & Goodrich). Botulism often produces symptoms 12 to 72 hours on ingestion of contaminated food. Symptoms of botulism generally appear 12 to 72 hours after eating contaminated food.   Infant botulism This type of botulism accounts for the most number of cases reported of botulism. It often affects children due to having few or lacking microflora in their colon (Hauschild 40). In homes, improperly canned foodstuffs often the spores of the bacteria, which upon ingestion by infants, result to overgrowth of the bacteria in the colon leading in production of botulinum toxin. Symptoms In infant botulism, symptoms exhibited include poor appetite, lethargy, constipation, drooling, weak cry, poor feeding, paralysis and drooling eyelids. The general symptoms which botulism poisoning produce entail fatigue, nausea, vomiting, double vision, dizziness, dry skin, dry throat, dry mouth, difficulty swallowing, slurred speech, body aches, muscle weakness, and paralysis (Canadian Food Inspection Agency). Treatment Treatment can be instituted in the early period before the toxin takes toll of the nervous system completely. An antitoxin is often administered in such cases (Emmeluth & Alcamo 67). T he antitoxin functions by blocking the circulating botulinum toxin In the blood thereby limiting its action. This form of treatment only prevents the worsening of the patient’s condition. Patients from such incidences often take several weeks to recover completely from the effect. Prevention In relation to the three types of botulism and the mode through which the toxin gets to enter the human body, preventive measures can be

A long way gone 'Ishmael Beah and Allegory of the cave Plato's Essay

A long way gone 'Ishmael Beah and Allegory of the cave Plato's - Essay Example In this article, I will use the two texts, Allegory of the Cave by Plato and A long Way Gone’ by Ishmael Beah to justify the statement ‘can childhood ever be lost beyond recovery?’ The childhood ages are characterized by innocence of the mind and soul. Children are notable for being able to express their feelings and emotions in a manner that is straight, often hiding nothing compared to the older generations where hypocrisy characterizes most of their talks and manner of expressions. In his Memoir, Ishmael creates his protagonist; a child aged 12 years of age at the beginning of the story. Ishmael at this age has an innocent mind of a child making him central to the flow of the story. Living in a country rocked with war and violence due to the locals’ invasion by the country rebels, the young boy is forced to join the militia forces in order to fight and be able to defend himself and those close to him. Alongside other young boys from his tiny village in Sierra Leone, Ishmael, while traversing the lonely war torn fields develop feelings and emotions that derails him completely of his innocent childhood feelings. He looses his innocence in the field as he comes into close encounter with the war atrocities. Killing, sights of blood and dead people all around him becomes his usual norm in his war days. Contrary to the feelings of childhood that is free from crimes and the normalcy of reveling in criminal offences, Ishmael totally loose his childhood innocence and becomes a child combatant. However, the even as Ishmael revels in war and engages in serial killings as a combatant, his childhood likings such as the love for rap music remain his most revered hobby. Even though his present perception is derailed by the events encountered during combat, his childhood perception of life, far from that of evil combat remains and when this is discovered, he

Cross-cultural and HR Practice (Module is Human Resource Management) Essay

Cross-cultural and HR Practice (Module is Human Resource Management) - Essay Example Both the issues involved in the particular research, i.e. organizational culture and HR have been extensively investigated in the literature. In this context, it has been found by Schuler et al. (1998, 159) that HR management practices applied in the particular countries should be based on the following criteria: â€Å"a) the business structure, b) the legislative and employment relationship context, c) the patterns of HRM competence and decision-making and d) the national culture†. On the other hand, the study of Sims (2002) referred especially in the value of HRM programs applied within a particular organization. According to the results of this study â€Å"human resources involve HRM programs aimed at developing HRM strategies for the total organization with an eye toward clarifying an organization’s current and potential problems and developing solutions for them; They are oriented toward action, the individual, the global marketplace, and the future† (Sims, 2002, 3). The above assumptions are supported by the views of Jackson et al. (1995, 237) who noticed that HRM is most commonly consideredâ€Å"as an umbrella term that encompasses: a) specific human resource practices such as recruitment, selection, and appraisal; b) formal human resource policies, which direct and partially constrain the development of specific practices; and c) overarching human resource philosophies, which specify the values that inform an organizations policies and practices†. At a next level, Kesler et al. (1997) mentioned that there are three basic processes which define the formulation of particular types of HRM practices in firms of all industrial sectors. These processes are the following ones: â€Å"a. aligning organization, b. developing capabilities, c. managing performance† (Kesler et al., 1997, 30). In other words, the role of HRM is considered to be crucial to the formulation of the organizational culture

Postmodernism and Hyper-Reality in Architecture

Postmodernism and Hyper-Reality in Architecture Introduction This essay will address architecture’s position in a consumer society. Consumer society can be described as the outcome of modernism where consuming material goods is the paramount feature of its balance and values. It is the result of the escalation in manufacturing and rapid industrial developments. It is also the outcome of the immense pace of diversification and growth of culture, creativity, technology and urbanism as a way of life. I will use the concepts of semiotic philosopher Jean Baudrillard’s as a basis in understanding the implications of this culture on the built environment, urban design and technology. I will also examine the desire for fantasy realms that mirror reality by examining Baudrillard’s three orders of simulacra and the â€Å"hyperreal†. To understand the expression of this phenomenon in our consumerist culture I have chosen to examine its manifestation in the urban context of Montecasiono and also virtual environment of Second Li fe. My aim is to better understand the architects’ position in this current culture and what it could mean for the future of architecture. Postmodernity and Hyper-reality The postmodern condition does not simply replace modernity but it rather opens up a new and complex layer of meaning of the modern by emphasizing its paradoxical aspects. Modernity has become deeply rooted in contemporary societies and thus it is almost impossible to find a condition where it has had no influence. Post-modernity by default cannot be separated from modernity as emancipation and liberation are inherent to the modern. In the post-modern era the electronic picture is the predominant force defining its figurative character. It is saturated with pictures in the degree which was not observed in history. (Asanowicz, 2014) To understand some of the complexities of our image driven culture I will first be exploring the writings of Jean Baudrillard. According to â€Å"Simulacra and Simulation† (Baudrillard, 1994) in our post-modern society, â€Å"It is no longer a question of imitation, nor duplication, nor even parody. It is a question of substituting the signs of the real for the real†. Baudrillard suggests that postmodern culture is not merely artificial, because the notion of artificiality still involves some sense of reality against which to identify it. What he conveys is that we cannot recognize the distinction between artifice and nature. Baudrillard then argues that there are three orders of simulacra. Simulacra (Simulacres in French means: stereotype, a pseudo-thing, an empty form, a blank form) is one of the key concepts of postmodern aesthetics. (Asanowicz, 2014). The first order of simulacra is related to the pre-modern period where the image is a clear imitation of the real. Baudrillard associates the second order of simulacra with the industrial revolution of the nineteenth century where mass product ion and the increase of copies break down the differences between the representation and the image. The third order of simulacra is specifically associated with the postmodern age. It suggests that the representation precedes and determines the real. The distinction between reality and its representation is has disappeared and there is only the simulacrum. Baudrillard defined this distortion of the lines between the original and its copy as the ‘hyperreal’ (Baudrillard, 1994). Not only does the simulacrum simulate the original but the simulacrum of truth is truer than true and thus the hyperreal is realer than real. (Horrocks Jevtic, 1999) This kind of simulated image is all around us, nature reserves are constructed to disguise the absence the natural environment in urban areas. Reallity TV programs are edited to romanticize the mundane. Baudrillard uses the example of Disneyland, â€Å"Disneyland is presented as imaginary in order to make us believe that the rest is real, whereas all of Los Angeles and the America that surrounds it are no longer real, but belong to the hyperreal order and to the order of simulation. It is no longer a question of a false representation of reality (ideology) but of concealing the fact that the real is no longer real, and thus of saving the reality principle.† (Baudrillard, 1994). To relate this theory to a South African context I will use the example of Montesasino. While the simulated environment is patently false, guests at Montecasino buy into the â€Å"reality† of fantasy because society will continually absorb simulacra and its preference for it over reality. Offerin g a surplus of services and entertainment options in a Tuscan themed environment, Montecasino disorientates and mesmerises its guests in a world of fantasy where spending money enhances participation in, and enjoyment of the retail and leisure experience. Baudrillard comments on the blurred distinctions between culture, consumerism and identity: â€Å"Work, leisure, nature and culture, all previously dispersed, separate, and all more or less irreducible activities that produced anxiety and complexity in our real life, and in our ‘anarchic and archaic’ cities, have finally become mixed, massaged, climate controlled and domesticated into the simple activity of perpetual shopping. All these activities have finally become desexed into a single hermaphroditic ambience of style† (Baudrillard, 2001). Another example of hyperreality is that of Multià ¢Ã¢â€š ¬Ã‚ User Virtual Environments. This has fascinated me since I engaged my first multi-player role-playing computer game and recognized the addictive qualities it stirred. Today these virtual environments are much more sophisticated with virtual worlds like World of Warcraft and Second Life simulating not only of our physical world but also of our social, political and economic condition. Second Life has an active socialist party, an opposing Marxist party and even an anarchist group. Prostitution, gambling and consumerism are central to the simulation. Users of these environments create avatars which they define as the most accurate reflection of theirrealself. Aside from hyperreality, many of the concepts Baudrillard postulates in Simulacra and Simulation are present. It is a semiological perfect world, where the users are deprived of the ability to move, eat and drink. The avatars have nothing else to consume but â€Å"sign s† of the real. Avatars can rent prostitutes to have sex which is devoid of human contact or experience consequently consuming the â€Å"sign† of having sex. The avatars buy expensive virtual clothes to express the distinction against the avatars wearing free clothes. No actual clothes have changed hands, but people spend real that they have actually earned to consume â€Å"signs† of goods. From a modernist this would seem irrational but Baudrillards states that, â€Å"Nothing resembles itself, and holographic reproduction, like all fantasies of the exact synthesis or resurrection of the real (this also goes for scientific experimentation), is already no longer real, is already hyperreal† (Baudrillard, 1994) , therefore it could be argued that there is no difference in consuming something â€Å"real† or a â€Å"sign of the real†. The newest phase of consumer society is accordingly concerned with the effect of digital consumption. This is intensified by globalisation, new information technologies and real-time communication. In the next section I will discuss the implications of society’s preoccupation with consumption and hyperreality on Architecture. Post-Modern Architecture in a consumer society Frederic Jameson suggests that Postmodernism replicates or reproduces and reinforces the logic of consumer capitalism. Thus when we study a consumer society we should focus on the seductive and alluring as this is inherit to the consumer lifestyle. In architecture terms such as image, ambience and enchantment of appearance are more important than modern notions of individualism, rationalism, naturalism and functionalism (Jameson, 2002). Few contemporary architects have consciously thought of their works with consideration to our image driven culture. In â€Å"Visions’ Unfolding: Architecture in the Age of Electronical Media†, Peter Eisenman postulates that by using computer programs which randomly fold surfaces and connect the building and landscape into one continuous whole, the architecture does not surrender to any particular explanation, but continuously disrupts what is defined as architecture (Eisenman, 1999). This does address the idea of surface being the most important aspect of design but the problem is that the works is possibly not seductive enough, rather the work is merely fascinating. On the other hand the work of Jean Nouvel is shrouded in the enchantment of appearance. In Jean Nouvel in Conversation: Tomorrow Can Take Care of Itself, he says that â€Å"image is the matter of architecture and thus the future of architecture is not architectural in the tectonic senseâ€Å". Nouvel emphasises that his architecture is not composed of space but of communicative surfaces, which he calls interfaces. He is not interested in details but only in images. Koolhaas and Tschumi are two other architects that have based their works on a conscious study of atmosphere rather than functions or meanings in architecture. Lastly one cannot forget to mention Bernard Tshumi. After the vertical, modern, in La Villette we have the horizontal, minimal, conceptual and postmodern hyperrealism. The â€Å"cinematic† adaptations in the architecture enable â€Å"events† and are said to provide new freedom for the visitor when choosing routes and viewpoints. Lastly the famous â€Å"congestion† in Koolhaas’ works can be recognised as an atmospheric effect created by â€Å"programming†. Koolhaas tries to create architecture congested with the masses in diverse actions. These actions have typically not been assigned a specific place. Rational individualism must be abandoned when interpreting mass society. Conclusion In its most recent forms, architecture is already becoming transparent, mobile, flexible and interactive. It almost tries to disappear in order to let a hypothetical mass creativity show through. It replaces the immaterial with floating rules of the game, a screen of deconstruction which leaves the subjects quite free to invent their own game rules. Besides, architecture is not the only thing to give way to this interactive utopia of exchange and playful recreation: all art, politics and virtual technology is going in this direction. These tendencies manifest themselves in contemporary architecture in the new possibilities for pluralism, â€Å"open† architecture, the flexible interrelationship between producers and consumers, interactivity, and â€Å"the innovative consumers†. Moralism against consumer society and commercial architecture does not work because it is characteristic of consumer society itself that it spreads moralities concerning how people should live and which kind of buildings they should have. These moralities concerning consumers are disguised in the form of â€Å"choices†. Neither building without architects nor pragmatist architecture can make the position of architects better in society, because these phenomena are already included in the mythologies of consumer society. As concerns the relevance of Baudrillard’s theory in architecture, it has become apparent through my theoretical work that this makes impossible such traditional architectural concepts in general as creativity, the fulfilling of needs and functionality. Architects can only speed up or slow down interpersonal socio-economic processes and in this way increase social reciprocity and cohesion. According to Baudrillard’s analysis of the present socio-economic patterns in society, it has become almost impossible to make truly seductive and reciprocal architecture. Baudrillard’s theory does not leave very much for architects to lean on, up to the question of asking whether architecture can at all be designed under Baudrillard’s terms, however believable he is in pointing out the crucial problematics of culture in consumer society. Source List HILDE HEYNEN, 2000, Architecture and Modernity: A Critique, Massachusetts, MIT Press, 8-24 JEAN BAUDRILLARD, 1994. The precession of simulacra, Ann Arbor, University of Michigan Press, 1-42. JEAN BAUDRILLARD, 1982, Modernità ©,† in La modernità © ou l’esprit du temps, Biennale de Paris, Section Architecture, Paris, L’Equerre, 27-28. PETER EISENMAN, 1994, Visions’ Unfolding: Architecture in the Age of Electronical Media, Michigan, A+U Publishers, 2-5. REM KOOLHAAS SANFORD KWINTER, 1996, Conversations with Students, New York, Princeton Architect ural Press, p 5-6.

Natural Selection, Scale, and Cultural Evolution Essay -- Natural Selec

Evolution can be seen throughout all aspects of life, but for each aspect evolution does not occur in the same process. In his article entitled â€Å"Natural Selection, Scale, and Cultural Evolution,† Dunnell emphasizes and explains why evolution has made such a small impact on archaeology. Cultural evolution and biological evolution are not the same. Biological evolution uses theoretical propositions that explain the mechanisms of biological adaptation and evolution. The laws of cultural evolution â€Å"are not theoretical propositions but rather empirical generalizations† (Dunnell, 1996: 25). Cultural evolution does not explain the differences among the occurrences cultural phenomena. Dunnell’s main goal is to effectively formulate ways to integrate evolutionary characteristics and anthropological theory (Dunnell, 1996). Dunnell believed that evolutionary biology is a better method to explain evolution in cultural anthropology and archaeology rather than cultural evolution. The main problem with biological evolution is the dilemma of altruistic behavior in humans, which is the exact opposite of natural selection. Dunnell states that altruistic behavior is â€Å"the ultimate of the selfish principles† (Dunnell 1996: 26). The original solution to the issue of altruistic behavior was thought to be to change the scale of which natural selection works from that of the individual to the group. However, Dunnell gives three reasons why this change usually would not work. First, the individual, not the group, is the mean by which the reproductivity occurs. Second, the individual is the mean by which observable characteristics show themselves. Finally, changes in higher levels of ranking in society, such as that of the group, are too slow for ... ...a â€Å"culture† (Dunnell 1988). After a forty years absence, the cultural evolution method was revived in the mid-twentieth century. At first, many rejected the revival of this method, even though they were still using some aspects of the method, i.e. the stages of a cultures development. The twentieth century cultural evolution method differed from the earlier model in a few ways, but the main difference was in the definition of â€Å"progress.† During the nineteenth century, â€Å"progress† was broadly defined as â€Å"the betterment or similarity to modern European culture† (Dunnell, 1988; pg 176-177). During the twentieth century, however, â€Å"progress† took the definition of â€Å" the increase in the amount of energy captured by society† (Dunnell, 1988; pg 177). This simply means that the â€Å"least developed† cultures used less energy than â€Å"more developed† cultures (Dunnell, 1988).

Importance of fault-based liability in English law Essay

Fault is regarded as blame, or responsibility for doing something wrong. The concept of fault is integral to the English legal system when it comes to deciding guilt of liability. In fact, in many areas of law if fault could not be assigned, the system would fall apart as liability can only be found if fault is established first. Fault is particularly important in cases which require mens rea. In these cases it will have to be proven that a certain state of mind was present in the defendant. In criminal law the requirement that mens rea or a guilty mind be established amounts to saying that criminal liability is imposed on blameworthy activity. This close connection between fault and mens rea results in punishment being based on the degree of moral blameworthiness that the defendant is believed to have possessed. The fact that this degree of blameworthiness not only determines whether the defendant will simply be found guilty or not guilty, but is concerned with the punishment, deterrence and rehabilitation of individuals whose conduct is considered by the law to be not only wrongs against other individuals, but also against society as a whole, suggests fault is clearly an essential element. To determine fault the person in question must understand the nature of their actions, be able to exercise control over their actions and must have genuinely chosen to act as they did. These three requirements mean a person’s degree of fault can be reduced if it can be said they are insane, in doli capax (incapable of a crime i.e. a child under the age of ten), or have acted under duress. The recognition of being insane or in doli capax clearly means that they were not able to fully understand the nature of their actions, whilst acting under duress results in them not being able to choose to act as they did. It is also possible that they may not have the capacity to make a genuine choice. In these circumstances it can still be said that the defendant is at fault, but only partially. When dealing with criminal law fault is central to crime in the form of mens rea. Without this element being satisfied the defendant cannot be found to be criminally liable, with the exception of crimes of strict liability. There are three distinct degrees of fault in criminal law, namely, intention, recklessness and negligence. The more at fault a defendant is, the highest degree being intention, then the more they will be held responsible for their crimes. There is also evidence to support this when looking at the two broad categories of crimes; Specific intent crimes and basic intent crimes. Crimes of specific intent consist of those where the mens rea must be intention. Since these crimes hinge upon the highest degree of moral blameworthiness, the greatest degree of fault, they apply to the most serious crimes, such as murder, section 18 GBH and wounding offences, robbery and burglary for example. Subsequently, these crimes also carry the most severe sanctions. Basic intent crimes however require only recklessness to prove criminal liability. It can be considered then that a defendant in a reckless state of mind is less at fault than one possessing the necessary intention, so these crimes tend to carry less maximum prison sentences for example. Involuntary manslaughter, section20 GBH and wounding offence, assault and ABH are all included in the definition of basic intent crimes. The reasoning behind these categories can be understood using Oatley. The defendant here was suffering from severe postnatal depression when she killed her 11-day-old baby by swinging her head against the stairs. Although she was of sound mind this act would have been given a very severe punishment, probably a lengthy prison sentence, she was given a two year probation order and medical treatment. Clearly the defendant was at fault, but only partially due to the postnatal depression. The degree of fault that she possessed at the time of the actus reus was impaired and therefore the degree of punishment should reflect this. Civil law also incorporates the idea of fault into its system. Liability for negligence only arises when the defendant has breached his duty of care to his neighbour and harm occurs as a result of this. In these circumstances fault is defined as falling below a standard of conduct expected of the reasonable person in those circumstances. Although there is evidence to suggest that fault is in fact an essential element in liability, there is some evidence to weaken this theory. Firstly, it is possible that in practice, liability can hinge on chance as well as fault. This can be illustrated using a number of cases, including R v White. In this case the defendant tried to poison his mother but she ended up dying of natural causes before the poison could take effect. Because of this he was not able to be convicted of attempted murder. The defendant clearly had the necessary mens rea, he intended to kill his mother, but chance meant his mother died of natural causes, just a few moments later and maybe the poison could have had an input. However, the poison did not cause the prohibited result so he was not criminally liable. Also, in R v Mitchell, the defendant pushed a man in a queue, who in turn fell against another, who in turn fell against an elderly lady who had to have an operation from which she died. The Court of Appeal ruled that transferred malice applied to unlawful act manslaughter. Chance played in a part in this case too, as it just so happened that the elderly lady was in that queue, that the person he did push fell, not only falling onto someone else, but then that person falling onto the old lady. It was chance therefore in this case that enabled the defendant to be liable for the death of the lady, instead of maybe just for the battery of the first man in the queue. Both these cases illustrate that fault alone is not just what determines someone’s liability; chance can often play an essential part too. Indeed, sometimes fault may be left out altogether from the equation, in crimes of strict liability. Fault can be further understood when looking at negligence. Negligence is carelessness, the defendant wasn’t thinking like the ordinary reasonable person would have done, it’s a lack of thought as oppose to actual thought, not taking enough care that the ordinary reasonable person would have done. In the case of Gibbons and Proctor, Proctor actually wanted the girl dead and so she was convicted of murder as she intended to kill, however Gibbons was merely negligent he wasn’t taking enough care of the child thus he wasn’t convicted of murder he was only convicted of GNM. It must be questioned as to the importance of fault here, negligence is a very low level of fault, it’s not thinking of something you should have thought yet it can lead to a conviction of manslaughter, a homicide conviction. It would seem therefore that fault doesn’t seem to be that important here because you can still convict someone of manslaughter however if you are convicted of manslaughter the judge in that case has complete discretion over sentencing. However still should fault not be more important in this instance, should there not be a higher level of fault than mere negligence. The judge can give an absolute discharge if they chose to do so, if we take in to account proportionality, this is still recognised in the sentence however the defendant would still be labelled as a murderer. In cases involving negligence, the neighbour principal, established in Donoghue v Stevenson is used to determine whether or not the defendant was at fault. This involves looking at whether there a duty of care that was breached, causing the damage to occur, as it was deemed unfair to expect the individual to be liable for people to whom a duty of care cannot be found. The defendant will not be found to be at fault if they have taken reasonable steps to avoid damage occurring, which meet the standards of care that an ordinary and reasonable person would take. The concept of fault is also central to criminal law, for example at trial the prosecution will try to show that the defendant was at fault, whilst the defence aim to show that they were not at fault, and during sentencing the amount of fault which the defendant is considered to have will affect the severity of their sentence. The highest level of fault comes in crimes which were committed intentionally, with the defendant setting out to commit the crime, perhaps having planned it first. The next type of fault is recklessness, which following G v R will always be subjective, which is less serious as there was no intention to commit the crime. However this is still a serious form of fault as the defendant has foreseen a risk. The use of fault in strict liability crimes has been quite controversial as in these crimes the courts are able to assign fault without the presence of a mens rea, so long as the actus reus has been committed. For example, in The Pharmaceutical Society of Great Britain v Storkwain, a pharmacist was found guilty of supplying a drug to an addict on a forged prescription despite there being no fault on his part, which many would view as being overly harsh given that by the ordinary person’s standards he would not be considered to have been at fault. Strict liability offences are those where a conviction results from proof of mens rea alone. There is no actus reus requirement, and therefore no need for the defendant’s degree of fault to be established. For example, in the case of Callow v Tillstone, a butcher was convicted of selling meat unfit for human consumption even though it had been inspected and approved by a qualified vet before hand. Similarly, in Smedley v Breed, the defendant was found guilty of selling unfit food even though only four tins out of three million tested were found to contain caterpillars. One case that illustrates absolute liability is R v Larsonneur. The accused was an alien the subject of an exclusion order under which it would be an offence for her to enter the United Kingdom. She was brought to the United Kingdom handcuffed to the police and very much against her will and yet she was still convicted for violating the exclusion order. It is clear that in these examples from the criminal law there is some liability being imposed in the absence of fault. These exceptions can also be found in civil law, although limited. Perhaps the major instance of liability being imposed without fault in tort can be found in the area of vicarious liability. This is when one person is held liable for the tort of another person. This was a practical mechanism established to find someone who was able to pay for damages to the claimant, primarily in respect of the employer for the torts of the employee. Obviously it would be in the claimant’s best interest if they could obtain damages from a large employer for the actions of an individual employee. The justification for this is that the employer should be able to exercise control over their employees and so they can be held liable for the torts of their employees providing that the employee is not on a ‘frolic of his own’. This can be seen in Rose v Plenty where the employers were liable when an employee gave a lift to a person, who subsequently assisted with the deliveries that were the job of the employee and died. In some circumstance liability is still imposed even when the employer gave express and implicit instructions to the employee not to do the very thing that he then did so incurring vicarious liability on the employer. Therefore, whilst this handful of examples of some of the exceptions, both in criminal and civil law, to the general case, they are sufficient to show that the statement that there can be no liability without fault is too general to be true, thus weakening the argument that fault is an essential element in determining liability. Similarly controversial is the use of fault in State of Affairs crimes, where the defendant may have involuntarily committed an offence, yet are still guilty. One such example is Winzar v Chief Constable of Kent in which a drunken man was taken from a hospital onto a road outside by the police, and then arrested for being drunk on the highway, even though he would never have made it onto the highway without the â€Å"help† of the police. As with Strict Liability crimes, the ordinary person would not see the defendant as being at fault here, and may view the use of fault in this area of the law as being unfair. The issue of fault is even present in defences, in that aggravating and mitigating factors can be used to lessen the amount of fault which the defendant is thought of having. For example someone on bail who plans an attack on an old lady will be seen as being more at fault than someone committing their first offence and entering an early plea of guilty. The concept of fault therefore is present in many areas of law, both civil and criminal. In many cases, without the need to prove fault, system would not work as it is necessary for one party to be blamed for the criminal offence in order to settle it.

How to Create Your Elevator Pitch and Get Hired

How to Create Your Elevator Pitch and Get Hired Okay, hotshot. You’ve got 30 seconds to make the impression that’s going to get you the job. And†¦go! What, you stopped to think about it? Bzzzzzt. The moment is gone, and you can sense your opportunity window closing while the interviewer awkwardly shifts and looks at the clock. If only you’d had an elevator pitch ready to go.What is an Elevator Pitch?The â€Å"elevator pitch† is just a buzzword-y way of saying â€Å"snapshot of important points, stated briefly and to the point.† An elevator ride is typically short, so that’s why it makes a good namesake. In a career context, it means a quick overview your best points and your goals. But in general, it can really be about anything you’re trying to sell to the listener. For example, here are elevator pitches you could use to convince someone to watch a TV show:Game of Thrones is a fantasy-sci-fi drama that follows several different political factions jockeying for power in the kin gdom of Westeros. In addition to the political machinations, there are ice zombies threatening from the North. Oh, and there are dragons! It has something for everybody.Basically, the elevator pitch is a brief, snappy couple of sentences that tell the listener what they need to know- or, more specifically, what you want them to know. The goal isn’t to be a dry source of facts, but rather offer a few curated points that show the highlights.When Will You Need an Elevator Pitch?Although the elevator pitch is a perfect fit for our 140-characters-or-fewer society, you may not be asked to give your spiel in every job interview. However, it’s a great resource to have when you’re unexpectedly on the spot- like at a job fair, a networking event, or a social event where you just happen to be making small talk with a hiring manager at a company where you’d love to get your foot in the door. Though if you are at a social event, pick your timing wisely. Your new acqua intance may just want to talk about last night’s game or that hilarious viral video making the rounds, instead of talking shop.The elevator pitch is also an excellent answer to have on hand for the dreaded â€Å"tell me a little about yourself† question in an interview. Because you’ll already have some of your brightest talking points ready to go (more on that in a bit), you won’t have to spend precious interview time thinking about how to distill your professional self down to the essence. That question often comes at the beginning of the interview, so having your elevator pitch at the ready can help set a smooth, prepared, and confident tone for the rest of the interview.10 Tips for Your Elevator PitchIf you don’t know where to start, we have you covered- use the following 10 tips as a guide on crafting an ideal pitch that gets results.1. Keep it short.Remember, the elevator pitch is so named because it’s meant to last about as long as an elevator ride- about 30 seconds, and definitely less than 60 seconds. (We’re not talking about the Empire State Building elevator here.) That means you should have a few go-to sentences you can use. And while you’re writing, time yourself. If you find yourself creeping up on the minute mark, it’s time to revise and simplify.2. Be persuasive.That means being direct about your accomplishments and qualities, and leaving out qualifiers like â€Å"I guess,† â€Å"I think.† No time for modesty- make bold, declarative statements.3. Be concise.There are times when you will have a chance to expound on your resume, your experience, or your point of view. When asked for an elevator pitch, make sure you’re including only a few main points, and keep the sentences short and straightforward.4. Know your audience.It really depends on who you’re talking to, and what the context is. If you’re at a professional mixer with people who know your ind ustry inside and out, feel free to use a little jargon. If you’re talking to a recruiter or someone who may not know your professional world as well, keep your wording more general.5. Keep the tone professional.An elevator pitch is a confidence thing- you’re making a straightforward statement about yourself. However, it’s important not to be overconfident or too braggy. You want your accomplishments and goals to speak for themselves. You don’t want to turn off your listener just as you’re getting started. Similarly, using wit and humor is fine too- but always keep jokes fairly mild and professional.6. Mention your top skills.Your resume is where you can really break down your skill set, but in your elevator pitch, that is the time to mention that you’re a great communicator, or that you’ve got amazing organizational skills. Focus on the kinds of skills that add value to an organization, like leadership, teamwork, or attention to detai l. Here’s your chance to brag a little about your top skills, but again, be careful of using a boastful tone.7. Include (some of) your goals.This doesn’t need to be a detailed life plan, or your five-year professional plan. Remember, this is a highlight reel, so you’ll want to focus on your main professional goal, or what you’re seeking in this interview/conversation/etc. If you’re talking to an interviewer or recruiter, you don’t need to say something like â€Å"seeking a job as an accountant†Ã¢â‚¬ ¦they already know that. Instead, go with something like, â€Å"looking to take my financial skills and experience to the next level.†8. Answer big questions.When writing your elevator pitch, think about some overarching questions like:What’s the most important aspect of my background?What accomplishments do I have?What are my best skills?What do I want to get out of this pitch?What’s my biggest strength?What drives me the most?What would I like to achieve?Why did I choose my career?What do I like best about my job/career?What do I value the most?You don’t need to cram all of those Big Ideas into your elevator pitch, but you can mix and match them depending on the setting, and to whom you’re speaking.9. Be ready to follow up.If you’re giving your pitch to someone you’ve never met before and may not be talking to five minutes from now, have a business card on hand that you can pass along. If you’re in an interview, be ready to answer follow-up questions about anything you just said- examples that show your skills, or anecdotes about why you love your career.10. Practice like crazy.Do this in front of the mirror, your cat, or a trusted loved one. In the moment, you don’t want to appear stumbling or unprepared, but you also don’t want it to come off like a bored, rehearsed monologue. You want your elevator pitch to sound smooth and confident. This can help you modify things like speed (many of us talk too fast, especially when we’re trying to get through a set of lines), eye contact, and timing.Example Elevator PitchesLet’s look at some samples you can use while thinking about your own elevator pitch.I’m a graduate student in Communications, with a passion for working with special needs students. After completing my thesis in advanced language strategies for children with cognitive impairments, my goal is to work for an agency that specializes in implementing everyday educational programs that help students improve their reading and writing outcomes.After five years of working in corporate marketing and social media, I’ve decided to embrace my inner entrepreneur and start my own company. My company’s mission is providing no-nonsense, data-driven metrics that our clients can take and use right away in their day-to-day business. I want to provide big company expertise for small business owners. M y passion is â€Å"design with a conscience.† I design products that have a minimal impact on the environment, while maximizing sustainability. My background is in both design and environmental science, and I believe that we can make consumer products that combine convenience and responsibility.I’m the data guy. I look at complex metrics, and turn them into a big picture plan. And I love working as part of a team, where diverse ideas and perspectives can lead to better ways of doing things. I firmly believe that the status quo can always be improved.I’m a nurse-practitioner with more than 15 years of experience in patient care. With the challenges of working in healthcare, I know that patients often feel ignored or hustled through, so I’ve made it a priority in my career to make sure that every patient is heard, and gets the highest standards of care. I’m a recent grad, and although I don’t yet have years of experience in the field, I do hav e the organizational and people skills to take my career to the next level. I was just named the Volunteer of the Year, and I bring a high level of care and focus to everything I do.So what do you think? Are you ready to go forth and make a bold statement about who you are, in 30 seconds or less?

Marketing Plan Essays

Marketing Plan Essays Marketing Plan Essay Marketing Plan Essay Marketing Plan Prepared: April 2013 Table of Contents The Business 6 S. W. O. T. Analysts 8 Strengths 8 Weaknesses 8 An international not for profit organization with 10 years of federal support 8 Two other successful services like camp to belong and TFH camps the age group of programs is the widest range age group compared to all non-profit human services organization in Australia (age group : 7-25) 8 Rely heavily on government grants and funding Low public awareness compared to competitors They do not get enough funding as they wish to achieve their goals and visions. 8 Opportunities 8 Threats 8 Corporate Sponsorship Lifestyle solutions Programs/services in high demand 8 National disability grant National disability insurance scheme Scholarships Crime prevention funding 8 Work for experience program Other organization with similar visions (appendix one) Any NFG organization SEEKING government funding that lifestyle solutions applies for (appendix one) If implementation is poor then, it could result in lack of quality in their programs (could be expanding to fast) 8 S. W. O. T. Activity sheet 9 The Future (appendix five) 11 Vision statement: 11 Mission statement: 1 1 The Market 12 Market Environment 12 Product Review: Our company, Cupcake Hut offers the following features. Product sum includes: Fresh cupcake (with variants) Coffee Tea (with variants) Services: Free Wi-If connectivity Party celebrations Home delivery Online reserved tables Indoor games (snooker etc) Environment: fully air-conditioned and comfortable sitting environment with soft voice of music. In terms of Environment. Segment Demands and Corresponding features: Targeted Segment Customer Demands Corresponding features Professionals (consumer market) Place to serve their guest in comfortable atmosphere. Wi-if connectivity to discuss businesses. Middle class family Family gathering and celebration of parties (birthday etc) Cakes on offer. Decorated environment. Competitive Review: Competitors Ta regret Segments Features Cafe-al-Feared Middle class Fast food, lunch and dinner. Crowded environ meet. Don Restaurant NO standardize class Tea and snacks. Outdoor. KEF High class families Fast food. Self purchase. Pizza Town High class middle class Operating in fast food. SOOT Analysis : Strength: Variants in Cupcakes, tea and coffee High quality in terms of freshness It can be made with any type of design according to our consumers desire. Weakness: Parking problem quality maintenance is difficult for each product new business high rent cost Opportunities: Trend is increasing for cupcake parties rather than traditional cakes. No any other cupcake business. Availability of cupcakes for home parties. Office demonstration. The read: local bakeries sustainability issue Objectives and Issues: We have set profitable and achievable objectives for the first and second years of market entry. First year objective: we are aiming to have 25,584 unit sales in the initial year for break even. Second year objective: As we will create customer value within a year so for he second year we are aiming to have 35,000 unit sales. Issues: We have to invest heavily in market to create distinctive image with tuff competition. As our company is a new concept so we will have to make more efforts for awareness and promotion Champaign. Marketing Strategy: Positioning: We are positioning our company in terms of environment by providing fresh, friendly and professional environment for our target customers. Product Strategy: Our product, cupcake is having one day life.

Nursing Interventions Essay Example | Topics and Well Written Essays - 1000 words

Nursing Interventions - Essay Example As the nature of problems of a community change over time, the nursing structure in a community should know about the needs and the nature of interventions necessary for the community and how do they change. One important aspect that can be avoided by nursing interventions and feedback is that the control of epidemics. In this paper the community considered is the one that needs the psychiatric nursing care and interventions. The care and interventions prevent the community members from being vulnerable to the psychiatric problems and to contain the inability of facing the challenges. However, it is important to consider the population density, for community nursing regarding psychiatric care as the psychiatric care needs more counseling when compared to physical illnesses (Kelly, Anne (Author), (2003). As mentioned above, the community considered above is that needs psychiatric care and the survey on this community showed that 388 clients referred and about 80 people are not seen. Most of the clients are referred by general practitioners and clients to the community care centers. Hence, the nature of referrals indicates the need of nursing interventions for the people in the community that have psychiatric problems regarding social interactions. ... One third of clients was living in private rented accommodations or no fixed home. In addition to that the half of the clients was unemployed or living in families that have no employed member. As a result the clients lacked the close emotional support offered by partners or family members. Three fifths of the clients were not receiving social service or psychiatric support and 38 percent of them have contacted for psychiatric services. The important request from the referrers was for assessment, advice, and counseling and for hospital admission. Hence, the important problem in the community considered is that to identify the psychiatric and social and health problems of clients and to provide the required intervention. The important problems identified are as follows: 1. Emotional and relationship problems 2. Neurotic problems and personality disorders (Sheppard, Michael (Author). (1991). Plan for Monitoring That Decides on Intervention According to the problems mentioned above timely counseling is necessary for the people in the above mentioned community. Hence, the community nurses should have a plan to visit the houses of the people in the community to know about their status and another itinerary to offer counseling to them. Hence, they can divide the plan into two halves. The first 10 days in every month can be used to know the problems and the status of the patients in the community and the next 20 days can be used to offer counseling to the patients suffering with the problems mentioned in the above chapter. As a result the patients can get timely counseling and the nurses can monitor the condition of the people in the community every month. Interventions for Emotional and Relationship Problems The

Power and Politics Essay Example | Topics and Well Written Essays - 500 words

Power and Politics - Essay Example Other than being wife of Bill Clinton, Hillary had been a standing Senator for quite a few terms and had created an image of herself throughout the country through her ambitious dream of bringing each and every American under a comprehensive health scheme. Compared to that Obama was a first time Senator who had no political pedigree or lineage as such and above all, he was colored and had a Muslim sounding middle name and spent his childhood in far away Eastern countries. The odds were heavily stacked against Obama and truly nobody was prepared to give him much of a chance in the initial stages. But Obama and his clarion call â€Å"Yes, we can †¦Ã¢â‚¬  struck a chord among the masses, not only the colored ones but the entire American middle class and he created history. He derived his power essentially from referent base. Here was a man, just as ordinary as any American, has good education from Ivy League institutions, has a family just as most Americans have and above all, ha s a dream to change the sorry state of affairs. The combined charm of all these factors was too difficult for average Americans to be indifferent to. And, the fact that he is educated and articulate with a wife who is equally educated and articulate automatically vested in him an expert power that added to the huge faith that Americans reposed on him (Mind Tools 2005).