Legal Reasoning

Introduction:This paper aims to draft what I believe to be the US Supreme Court opinion for the case of Brigham City, Utah V. Stuart including the concurring and dissenting opinions. Knowledge from of the Fourth Amendments will be used to draft the opinion or opinions and an identification of particular justices with each of the opinion will be made as much as possible.In as much that the Supreme Court has made the decision (May 22, 2006) on the matter, at the time of theis, this paper is now converted into a digest of the case but still following the structure of the original instruction that is to draft (now to analyze) the opinion (now the decision) of the Supreme Court with the concurring and dissenting opinions.2. Analysis:Facts:   The policemen were responding to a 3 a.m. call about a loud party by arriving at the house in question when the said policemen heard shouting inside said house. They then proceeded down the driveway, and saw two juveniles drinking beer in the backya rd. The police then entered the yard where they saw through a screen door and windows an altercation in the kitchen between four adults and a juvenile, who punched one of the adults, causing him to spit blood in a sink. (Cornell Law School, n.d.) (Paraphrasing made)An officer from the group of policemen opened the screen door and announced the officers’ presence. After having been ignored amid the commotion, the officer entered the kitchen and again cried out, whereupon the squabble gradually subsided. The officers made an arrest of the respondents and charged them with contributing to the delinquency of a minor and related offenses. The trial court granted private respondents’ motion to suppress all evidence obtained after the officers entered the home on the ground that the warrantless entry violated the Fourth Amendment, and the Utah Court of Appeals affirmed.The State Supreme Court affirmed further by holding that the injury caused by the juvenile’s punch wa s insufficient to trigger the â€Å"emergency aid doctrine† because it did not give rise to an objectively reasonable belief that an unconscious, semiconscious, or missing person feared injured or dead was in the home. In addition, the same Supreme Court suggested the doctrine was inapplicable because the officers had not sought to assist the injured adult but had acted exclusively in a law enforcement capacity. It further held that the entry did not fall within the exigent circumstances exception to the warrant requirement.   (Cornell Law School, n.d.) (Paraphrasing made)The issue in said case is whether or not the police may enter a home without a warrant under the given circumstances as described above.The US Federal Supreme Court held that the police may enter a home without a warrant when they have an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury. The Supreme Court said:Because the Fourth Amen dment’s ultimate touchstone is â€Å"reasonableness,† the warrant requirement is subject to certain exceptions. For example, one exigency obviating the requirement is the need to render emergency assistance to occupants of private property who are seriously injured or threatened with such injury. Mincey v. Arizona, 437 U.S. 385. This Court has repeatedly rejected respondents’ contention that, in assessing the reasonableness of an entry, consideration should be given to the subjective motivations of individual officers. Because the officers’ subjective motivation is irrelevant, Bond v. United States, 529 U. S. 334, n. 2, it does not matter here whether they entered the kitchen to arrest respondents and gather evidence or to assist the injured and prevent further violence. Indianapolis v. Edmond, 531 U. S. 32, and Florida v. Wells, 495 U. S. 1, distinguished.Relying on this Court’s holding in Welsh v. Wisconsin, 466 U. S. 740, that â€Å"an importan t factor to be considered when determining whether any exigency exists is the gravity of the underlying offense for which the arrest is being made,† respondents further contend that their conduct was not serious enough to justify the officers’ intrusion into the home. This contention is misplaced. In Welsh, the â€Å"only potential emergency† confronting the officers was the need to preserve evidence of the suspect’s blood-alcohol level, an exigency the Court held insufficient under the circumstances to justify a warrantless entry into the suspect’s home. Ibid. Here, the officers were confronted with ongoing violence occurring within the home, a situation Welsh did not address. (Cornell Law School, n.d.)The Supreme Court further added that the officers’ entry here was plainly reasonable under the circumstances. It said that given the tumult at the house when they arrived, it was obvious that knocking on the front door would have been futile a nd that moreover, in light of the fracas they observed in the kitchen, the officers had an objectively reasonable basis for believing both that the injured adult might need help and that the violence was just beginning.The court explained that nothing in the Fourth Amendment required them to wait until another blow rendered someone unconscious, semiconscious, or worse before entering. It further said: â€Å"The manner of their entry was also reasonable, since nobody heard the first announcement of their presence, and it was only after the announcing officer stepped into the kitchen and announced himself again that the tumult subsided. That announcement was at least equivalent to a knock on the screen door and, under the circumstances; there was no violation of the Fourth Amendment’s knock-and-announce rule. Furthermore, once the announcement was made, the officers were free to enter; it would serve no purpose to make them stand dumbly at the door awaiting a response, while t hose within brawled on, oblivious to their presence.† (Cornell Law School, n.d.) (Paraphrasing made)The Supreme Court reversed and remanded the UTAH Supreme Court’s decision via a unanimous decision, hence there, is no dissenting opinion.   Chief Justice ROBERTS delivered the opinion for a unanimous Court while Justice STEVENS filed a concurring opinion.3. Conclusion:The case was unique in the sense that a state court namely the UTAH Supreme Court, which has decided unanimously, was reversed by the US Federal Supreme Court also unanimously. The case involves the interpretation of the Fourth Amendment where there the policemen were upheld in effecting the arrest in the absence of the warrant since the case is case falling under justified exceptions.Bibliography:Bond v. United States, 529 U. S.Cornell Law School, (n.d.), BRIGHAM CITY v. STUART (No. 05-502) , 2005 UT 13, 122 P. 3d 506, reversed and remanded, {www document}   URL   http://www.law.cornell.edu/supct/htm l/05-502.ZS.html, Accessed June 10,2006. Florida v. Wells, 495 U. S. 1Fourth Amendment , United States Constitution Indianapolis v. Edmond, 531 U. S. 32Mincey v. Arizona, 437 U. S. 385 Welsh v. Wisconsin, 466 U. S. 740

Societies have evolved a variety of structures for settling disputes

Settling disputes is a major part of politics and social control, which are vital for the harmonious function of any society. Different societies achieve this in different ways. In western state society formal offices are held and people given authority to judge and implement punishment or resolution. At the other end of the spectrum are the egalitarian societies, where authority is non-existent, no-one has any power to make anybody do anything, and inequality is very actively discouraged. There are a vast array of structures that come between the two extremes for example those that have a mixture of formal offices and informal methods. This essay examines first the structured court system of western state society, and then the less structured but still formal method of dispute settlement used by the Zapotec people of the Ralu'a village (or pueblo) in South America. This comparison shows that even though there are formal institutions in place in both societies, which may initially seem a poor comparison, however the objective with which they are used varies greatly and they are used to very different effect. The essay concludes that although we may initially think the more personalised approach of the Zapotec may have a more favourable outcome regarding social cohesion, it has to be recognised that such methods may not be practical or necessary in our western state society. First to consider is our own Western system for settling disputes. Western state society has a regulatory court system in which there are an extensive number of laws and sanctions that are formally codified (Peoples & Bailey, 2003). Our formalised system of regulation courts allows the use of physical coercion and the use of sanctions should people deviate from the norms that are ascribed to society. Different courts deal with differing types of disputes. The ability to settle a dispute is left almost exclusively to authority, and authority is central to the system's success. We have many appointed offices of people in authority to the general public, for example judges, police officers, which have power to manipulate and coerce others legitimately. The extensive set of depersonalised laws prevents the settling of disputes in ways that violate the legal principle of the culture, such as violence. Even verbal arguments in public may be considered breach of the peace, an offence for which people can be arrested and reprimanded. Disputes are turned into a very formal depersonalised matter, with the onus on discovering fault, placing blame and punishment; provocation for an act may be somewhat taken into account, but at the end of the day if you were provoked into doing wrong you still did wrong, and are still punished. Western state society court systems also serve as a preventative measure by making acts that could result in dispute illegal. For example, a person's property is protected through procedural laws regarding theft; laws against violence deter physical fights; people can even be fined for noise offences. Thus the system has a preventative element by not allowing things that aggravate or are even an expression of a dispute. Disputes can also be avoided through the use of restraining orders decreeing that a person may not go within a certain distance of anyone else; anything considered as breaching the peace or any law is a punishable offence regardless of the consequences. It is the consequences of individuals actions, not social disharmony, that motivates individuals toward a peaceful society. There is a great emphasis on power, control and authority. Breaking a law, however trivial, are still punished simply because they are forbidden. Recent emphasis on a ‘zero tolerance' strategy, a strategy where any act that potentially threatens authority, control and peace in society is punished. Punishment is not solely aimed at providing compensation, but importance is placed on punishment and reprimanding those in breach of the law, the idea of justice is paramount. Laws are in general absolute and universal; there is little room for movement in light of factors leading up to an act. Consider the murder convictions- there is a murder classified on a number of levels according to intent, intention and so on. Even the extenuating circumstances are formally codified. This is perhaps because of the size and anonymous nature of society- the idea of controlling a vast number and variety of people is more important than harmony and future relationships; a dispute does not have the same potential impact as in a small close knit society for societal relations. The only way to maintain harmony is via numerous substantive and procedural laws, and having total control over dispute settlements. How effective is the Western system? Through such extensive substantive and procedural laws we accept we are not in control of situations. There is an authority that can sort out disputes without things escalating too dangerously, and responsibility is removed from both disputants. However, I would consider it very rare if one person were to pass another person in the street that they had sued and they're to be any chance of a friendly exchange. The onus on placing blame means that one party is exonerated and the other incriminated, which can breed resentment. There is a clear cut line between right and wrong defined and decreed in the written procedural laws. Punishment for crimes are universal and there is clear legal principle that individuals are expected to adhere to. Deviance is punished regardless of its impact on society, instilling a code of conduct and the power of authority, which can work as a preventative measure. Punishments such as incarceration and fines may instil bitterness and a desire for revenge. The dispute is not really settled; more that blame has been officially placed and the plaintiff compensated. In comparison are the Zapotec Indians of Ralu'a village in South America studied by Laura Nader (Spradley & McCurdey, 2003). The Zapotec have a number of levels for settling disputes. They have a mediation court system, but a number of more informal methods that are encouraged before court is reached. There are a number of implicit procedural laws, but settlements are usually made on a case-by -case basis with no formalised codifying. Their basic legal principle is â€Å"to make the balance†. Our western legal systems focus primarily on placing blame, finding fault, and a relevant punishment for going against the culture's legal principle. The Zapotec are more concerned with maintaining the balance, finding a peaceful resolution, and the future relationships involved. Their aim is not to punish potential threats to the control of the state government but to maintain a harmonious, cohesive community. If someone has wronged another the aim of the Zapotec system is to provide a solution that suits all, so people do have to pay fines and there are consequences for actions, but they work to find a balance between justice and resentment. There are formalised institutions, of which there are a number of levels, for which disputes in Ralu'a can be settled, depending on the extent of the dispute and its seriousness. The first port of call is to take the dispute to the town hall, or municipio, to go before a group of principales and the presidente. The principales are a group of 13 nominated men that form an advisory group. Each year 3 men are nominated for the position of village chairman, the presidente. Although the system is technically a formal system, informality is maintained through the positions in the municipio being democratically decided and member being nominated. This way individual's taking their case to the municipio are more likely to respect the final settlement as those who are mediating are respected individuals, chosen by the community. The Zapotec have an interesting way of reining in the most problematic individuals by way of making them members of the town police, the head of which is the sindico, who is also responsible for running the communal work program of the pueblo. The policia consists of 12 members under two lieutenants and one chief of police. The chief of police is generally the roughest most disruptive man. This is the opposite of how western society works- responsibility, authority and influence is removed from troublemakers. Together, the sindico and presidente are able to settle the majority of disputes. The next level in the chain is the alcalde that presides over the justice of the peace, and settles the more serious disputes. The final port of call is the district court, which is seen as a last resort. Taking a dispute the municipio is more of a last resort as social pressure attaches shame and dishonour to those who resort to such measures. This social pressure encourages people in the community to sort out their own disputes before they reach a level requiring such intervention. Such an example is of a dispute regarding washing stones at a well. One female had chosen a washing stone next to her friend which was not her usual washing stone, when the owner arrived they angrily asked the woman to move, even though there were other free washing stones available. Tension increased and insults exchanged; eventually the whole village became involved taking sides, and other similar disputes arose. Water began to dry up at this well, and villagers believed this was a consequence of the women's dispute, and action had to be taken. A meeting of the Well Association was called in order to find a solution. The next time the women went to the well all the washing stones had been removed and replaced with concrete basins specifically allocated to no-one, and their use strictly based on a first-come-first-served basis. This way of settling the dispute was aimed at restoring the balance, at maintaining cohesion and harmony. The facts of the case were irrelevant, as was who was right or wrong and where the blame lay. However, the dispute was settled in a way that there would be no resentment between the women, and their relationships could be restored. The solution also provided a preventative measure to prevent such a dispute reoccurring. It will be interesting to compare the resolution of such a dispute in Zapotec society and western society. In Western state society it is likely that the second of the women who felt her washing stone had been taken unfairly would have employed a solicitor and lodged charges against the other women for stealing her washing stone. Assuming the case reached court lawyers would be employed to describe the facts to a judge, each side aiming to place blame on the other side. The judge would consult the various laws in order to decree who was at fault, or if any laws were broken. Blame would be ascribed and the dispute would be resolved by fines and punishments, however whether steps would be taken to prevent such a dispute re-occurring is debateable. Of course, such a dispute is unlikely to happen in western society due to the cultural differences. It is somewhat naive to suggest that the Zapotec's ways of settling disputes are more effective than our own, as we have to consider the vast differences in our societies. Cohesion is not nearly as vital to everyday life here as it is in smaller communities- disputes are resolved in a very individual way, which is impractical for larger populations- we could not consider intricately every detail of why someone may have hit someone else- we have to have definite boundaries. Hitting is thought of as wrong and not desirable for a peaceful community, thus the fact it is against the law simply prohibits violence regardless of the reason. This is a simple black and white law, and has consequences of which everyone is aware. The depersonalised system is consistent with the impersonal nature of our society. To conclude there are clear differences in the way each society tackles dispute settlement. There is the authoritative Western system that seeks prevention through a vast number of procedural and substantive laws with the primary aim of ensuring ‘justice' and punishment. Then there is the more informal system of the Zapotec Indians, who regard restoring the balance and future relationships as more important than placing the blame. I cannot see either system working in the other's community due to the vast cultural differences, and differences in population size, however they seem to prove effective for each individual society.

Communicating change Essay

When an organization is undergoing changes, the management must communicate to employees to ensure they support the decision. Changes in an organization may cause conflicts especially when all stakeholders are not aware the new aspects to be adopted. To communicate to employees about the changes when an organization is relocating to another state requires the managers to provide the strategies being adopted to safeguard the interests of employees. The management should consider the welfare of the employees by maintaining the employees while the organization is undergoing change. When an organization relocates its operations from one region to another, the management should support the employees to understand the new systems. Management strategies should be changed to match the current needs of the employees (Burke, 2002). When changes are communicated to employees, they may react to support or reject the new policies. When employees accept change, the management should change its management style by adding more opportunities to improve their morale. When employees reject change, the management should adopt a persuasive strategy where they will influence them to adopt the new policies. Some changes may be compulsory for the management to implement and in such cases, there is no option but to influence employees accept the new strategies. Managers should interact with employees to determine their needs so as to implement acceptable strategies. Teams within the organization should be created to create synergies among the employees during the change process. Team leaders should be elected to support other employees. All members of the organization should hold a general staff meeting to discuss about the new systems to be adopted. The organization should be prepared to provide resources to employees to relocate to the new offices. For example, the costs of carrying out the entire process can be covered by the management (Burke, 2002). Reference Burke, W. W. (2002). Organization change: theory and practice. ISBN 0761914838, Sage.

Company & Association Law Assessment Item 1- 2014 Essay

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The Different Aspects of Reality - Essay Example Obviously, this is all fantasy as a falling star cannot be caught, and mandrake roots and mermaids are purely mythological. This fantastic imagery helps to reveal the imaginary and impossible theme of Donne’s poem. Nevertheless, such impossibility teaches the reader to be realistic and to realize that there is no perfect lover in the world. Although it is the fantasy that masks John Donne’s realism in â€Å"Song,† Frederick Nims’ â€Å"Love Poem† is downright honest in saying that perfect love does not exist and that if one loves another then one has to embrace all of his or her lover’s shortcomings. Nims uses the imagery of an unskilled and disorganized woman in revealing the reality of imperfections in relationships. In the first stanza, Nims describes his lover as his â€Å"†¦clumsiest dear, whose hands shipwreck vases† and someone â€Å"at whose quick touch all glasses chip and ring† (Nims 366). Such a woman, as depicte d by the imagery, is always making mistakes. She is also known as an â€Å"unpredictable dear, the taxi driver’s error† as well as a â€Å"Misfit in any space/ And never on time† (366). She is, therefore, lacks finesse and punctuality. Nevertheless, although she is â€Å"Forgetting [her] coffee spreading on [their] flannel,† the poet and she are â€Å"so gaily in love’s unbreakable heaven† (366). This means that no matter how careless and imperfect she is, the point is that they love each other so much. Love, therefore, can bloom despite the imperfection, and this is real love. One should, therefore, love his or her lover despite all his or her shortcomings. The imagery in the final stanza reveals a rather exaggerated form of acceptance of one’s lover: â€Å"Smash glasses/ I will study wry music for your sake† (366). This means that no matter how clumsy the lover is, as long as there is love, there is a necessity to wholehearte dly embrace all his or her imperfections. The exaggerated imagery of the last two lines then ultimately reveals that one’s happiness even depends on such an imperfection: â€Å"For should, your hands drop white and empty/ All the toys of the world would break† (366). This simply means one thing – without such lover’s hands, no matter how imperfect the labor that they produce is, nothing would be done at all, or without such an imperfect lover, there would be no happiness at all for the person who loves him or her. Although happiness is derived from imperfect reality, sometimes such reality is boring and one needs to make himself happy from his daydreams.  

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Ethics Essay Example | Topics and Well Written Essays - 750 words - 25

Ethics - Essay Example The corollary to this is, of course, that if a woman chooses to deny her fetus the sustenance it needs to thrive, then she has a right to deny it that, and therefore a right to decide on an abortion. Markowitz wishes to divert from these issues, not because of the strength or weakness of their positions, but because as a true feminist the issue should relate to the woman as woman. It will be noted that the personality of the fetus and the right of a person over her (or his) own body is not related in anyway to a woman’s gender. This is not, therefore, a feminist issue but a morality issue like any other. The way Markowitz sees it, women are, as a class, systematically oppressed by the male-dominated society (this is known as the â€Å"feminist proviso’), a cornerstone principle of all feminist stands. Together with this, Markowitz espouses another principle, that of impermissible sacrifice. She said that it is the right of an oppressed or dominated class to refuse to sacrifice itself for the sake of the dominant class. The reason for this is that this practice tends to propagate the oppression and causes greater injustice to the oppressed class. A quotation from t he selection â€Å"A Feminist Defense of Abortion† by Sally Markowitz explicitly expresses the impermissible sacrifice principle as follows: â€Å"When one social group in a society is systematically oppressed by another, it is impermissible to require the oppressed group to make sacrifices that will exacerbate or perpetuate this oppression.† Taking this one step further, Markowitz views conception and childbirth as a sacrifice by women in order to serve the purposes of men – to produce him heirs or issue, to give him children to carry on his name and fill his household. In the Western cultural context, women are seen as being forced by men to bear the latter children. To Markowitz, this is an impermissible

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Vietnam War Essay The film shows the importance of having an army that is well equipped and knows what their enemy has for troops and artillery. This battle at the La Drang Valley is important to the rest of the Vietnam War because this is where helicopter-based. The air mobile operations helped the U. S army because it was able to bring soldiers and supplies into the combat zone. Without these helicopters and supplies the soldiers that were at the combat zone would not have stood a chance against the Viet Cong army. Film stayed as close to the historical truth as possible. The names and events that are in the movie match with the true events that occurred during the war. Some minor details in the film slanted from the reality, requirement of the commercial movies. Major part of the movie is critical in depicting the war time events to as close as possible. It gives profound knowledge of the historic war, thus contributing to the nation as a source of knowledge. The film We Were Soldiers is not an invention of historical truth but actually a history movie that enables new generations to view the war visually that happened in Vietnam. The visual graphics of the movie are outstanding and it is simply remarkable how they are able to make things look so real. The plot of the movie is wisely done. There were numerous short scenes in this section of the movie that were both fascinating and gave life to it. It is based on fact and shows the facts very well. Although there is some fiction in this film it is not a faction, or combination of truth and fiction. The film is true but with certain Hollywood aspects which you will get in most movies. Although the Vietnam War was a very controversial war this was not portrayed as much as it should have been in the movie. The film shows very little insight into the publics attitude regarding war with northern Vietnam. Even though this was the first battle in Vietnam they were no opinions expressed by the public in this film. The only hint of what the public thought about the war was with the soldiers wives that were home, and they shared biased thoughts because their husbands were fighting in the war so obviously they thought that it was an unnecessary war. This film gave us insight into the beliefs of the united states government as they were at war because of their beliefs that communism was bad, and all communists nations had to be dealt with and punished for they wrong doings and be made into democratic nations. It showed that the military would send troops into battle being outnumbered just to make a country do what the United States wanted it to do. This film was inspired by the book We Were Soldiers Once†¦And Young, written by Harold G. Moore. Moore was the Lt. General at the battle of The La Drang Valley. He wrote this book about the battle that took place there and has interviews with soldiers from both sides about the battle. He also talks about the importance of the helicopters role in bringing men into battle and how this would play a huge part in the rest of the war in Vietnam. The book was the basis for the historical relevance of the movie. The film got most of its information about what really happened at the battle zone through the book as it was written from the commanding officer at the battle and interviews were taken from soldiers that were there and fought and witnessed what was going on first hand. The battle at the La Drang Valley shows us insight into what further battles in Vietnam would look like and what the American military would have to do to be victorious in Vietnam. The film We Were Soldiers shows us this in a first hand experience. It takes us to the actual battlefield and shows us the hardship and defeat that the American soldiers had to go through to stay alive and defeat the Vietnam army. This film is very important to this generation and the next generations to come as is shows close detail of the first battle of the Vietnam War. Bibliography 1. http://bluray. highdefdigest. com/weweresoldiers. html 2. http://search. reviews. ebay. co. uk/We-Were-Soldiers_EAN_7321900934787_W0QQfvcsZ1172QQsoprZ3951947

Traveling Back In Time Essay Example for Free

Traveling Back In Time Essay If there was such a thing as time machine and I could be allowed to travel to any historic epoch as an observer, I would, probably, choose to go million years back, to prehistoric times and Stonehenge. Since my childhood I have been interested in archaeology, early human life and culture, that is why I would not be able to miss this opportunity to see everything I know about prehistoric era with my own eyes. First of all, I would like to see ancient animals, which have now vanished from the earth, including different small and enormous dinosaurs, archaic reptiles-plesiosauruses or flying pterosaurs with huge beaks. It would be absolutely awesome to observe these creatures, along with other elements of ancient flora and fauna, like prehistoric insects or plants, which I had seen before only in books or archaeological museums. Unfortunately, I suppose that it would be almost impossible for me to come into contact and somehow interact with ancient people. But it would be very exciting to take a good look at their life and to learn more about it from own observations. I wonder, how they lived without any industry and manufacturing, government and money, and managed to remain in total harmony with nature, taking from it everything they needed to survive. Finally, I would really love to see, what our mother nature in its absolute purity was like. I can imagine heavy wet smell of air overfilling the body with unbelievable freshness and lightness. Water in rivers must be crystal clean and very tasty. I would try some chemicals-free fruit and enjoy tall emerald-green plants.   After living in our polluted air and trashed environment, this touch of natural beauty would be a miracle, I guess. Certainly, it would be extremely interesting to use time-machine for traveling to the future as well. But what if those horrible things about the future, which they are showing in science fiction movies like The Matrix, will become true? What if artificial intelligence will really become rebellious against the humankind? What will be going on with our nature? Frankly speaking, I would prefer to remain optimistic about the future of people on earth†¦ Bibliography:  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Wagner, Stephen. Time Travellers. About: Paranormal Phenomena. Ed. About Inc., A part of The New York Times Company. 03 Mar. 2007 http://paranormal.about.com/library/weekly/aa040802a.htm.

The Power Of Words In Influencing Attitudes

The Power Of Words In Influencing Attitudes To recognize how words have the power to create and affect attitudes, behavior, and perception one must first understand their own conscience and belief system. Words have meaning, but no power unless the perceived mental state of an individual gives power to the words spoken that have been heard. In another essay I authored in another class, which is most appropriate for this updated essay on the aspects of communication recognizing how words have the power to create and affect attitudes, behavior, and perception. The conscience is that inner voice that everyone has inside themselves. The voice inside has a set of critical thinking rules that are determined through a persons life experiences. Most people think about what they plan to do before they do it. People also respond to what other people say and do. It is the amount of power given to the words spoken that are perceived in the mental state of an individual that gives the power to the words spoken that have been heard acting o ut a plan that determines success or failure, even in communications. Our morals and values are the driving force behind our beliefs and how much power we give to another individuals words that are heard. If a person believes it is alright to steal to take care of their family, then the way they believe is the way they think resulting in the behaviors produced in that particular lifestyle. Example, lets say that there is a discussion between two people about, is it alright to steal? Our personal ethics that are perceived in how we as a people co-exist and communicate with each other stem from how we believe. This discussion is debated for whatever time frame and the one who thinks it is alright to steal convinces the other it is alright to steal as well. This is where words become powerful and perceptions are distorted. There are people in this world that would freely say things giving their life for another with no limitations on how to give positive feed back using words. There also people that go out of their way to say nice things at all costs knowing that words can hurt an individuals feelings. Then there are conditional communicators that will not say a particular word or words unless there is an exchange of a mutual agreement that has been reached so as not to offend any party involved. Most people believe there must be an exchange of some sort where both parties equally receive as much as that is given. There also are people in this world that would die to just prove a point in what they say they believe in. What defines a person is in their actions and their actions are brought about through choice in how they perceive reality. Is it justifiable to perform an evil act in order to achieve good consequences? This question has been used for centuries. As stated by Ruggiero (2008), humans have the capacity to choose how they respond to events (p. 118). For example, say someone makes a choice with a plan of action, but the plan devised was driven by negative emotions to where someone instigated controversy between individuals like the use of angry words, etc. Then the out come of this plan may have negative consequences that could change the course of a persons decision or lifestyle. This also applies to relationships with friends or family or both.The Boston Tea Party is an historical example of an evil act that changed history with many speculated communications between groups of people. There are several acts from Americas history that brought freedom when groups of people thought an evil act was evil and another thought not. New York city was built on such acts of evil tyranny and blood shed. The price for f reedom is Death. Life is full of choices, but which choice is the right one? People have contemplated this concept of choice for centuries. Negativity is a sad, but a real factor in society which is ever changing as each day passes by. Stealing has gone on for centuries and people have used words to justify their behaviors convincing others to believe the same way as themselves through communication. Survival is the driving force behind this sad fact. Thievery has not discriminated against race, religion or social status. Thievery has even in some circles been classified as an addiction or disease. Kleptomania is just one clinical term for such a behavior. .Kleptomania, the guilt-ridden, impulsive need of a impulsive urge to steal, commonly without any regard for the need or profit of unneeded items.. (Kleptomania, 2004, October, Biotech Business Week, 235). Pathological liars are another example of poor communicators that try to influence other to give power to their fantastic stories. Here is a good example of a person that exaggerates things that are ridiculous. If your employer asked you what time you arrived to work and your shift time started at 7:30 am. and you knew that you were late and said you arrived late because your dog ate up the couch and started at small fire in the living room, with no factual evidence to back it up, that would be a pathological lair. These people just lie, even when there is no good reason to do so not caring to gain anything and fearing nothing to lose, exaggerating the things that are ridiculous. This is due to some type of deeper mental and emotional state of a person which the individual is seeki ng attention. This type of mental illness should not be misconstrued with sociopaths, psychopaths and so on, who lie to gain a reward or benefit. A sociopath is a person who is affected with a disorder of their personality which is marked by antisocial behavior. A psychopath is a person with an antisocial personality disorder that is manifested in aggressive, perverted, criminal, or abnormal behavior without empathy or remorse. (Oxford Dictionary) The voice that all people hear is their conscience. Our conscience is what we humans use prior to making decisions or in what we would say to anyone in this world may it be good or bad. Our environment does play a part in perceiving how we humans think and how we speak. For example, if a child sees mom or dad do wrong and gets away with it then the child will comprehend that it is acceptable to behave as mom or dad. If mom or dad curse all the time then the child will perceive it is alright to say the F word, etc.. There are many other ways to steal from people even if it is not material. Example, say an employee takes a scheduled break every day for 15 minutes. This employee is a great worker, but everyday this guy uses 21 minutes on his break. That is 6 minutes every day that is unauthorized. Then at lunch time he does the same thing. That is another 6 minutes unauthorized. That is 12 minutes a day, 60 minutes per week in a 40 hour work week. This person just stole an hour worth of wages from his boss. Wouldnt you agree to this line of thinking? Whenà ¢Ã¢â€š ¬Ã‚ ¦.not providing adequate adjustment to the environment or situation with a difference in condition, amount, or level, typically with certain limits..However, some kinds of proposed beliefs are weakly affected by a evolved particular attitude, or act in a particular way that can have strong effects on behavior. (Peter J. Richerson, Robert Boyd revised 8 July 1987). As stated above referring to effects on behavior (Peter J. Richerson, Robert Boyd revised 8 July 1987) perception is everything. This is a strong secular view of choices based on how one believes in cultural ethics. When a person is raised in an environment that perceives that destructive harmful behavior is the answer to solving problems the ethical view perceived is misappropriated morals and values. These views that are instilled in early childhood influences conscience decision making adaptive skills that create negative social issues throughout their whole adult life. Perception is tainted by a persons attitude. A persons attitude is the result of their perceptions. Two people with different perceptions look at the same thing and thus think about it differently, and end up with different attitudes. Both think they are right. This same concept applies to communications. Example, Lets line up ten people and tell the first one a phrase by whispering it in their ear. Then tell the first person to repeat the exact phrase whispering to the next person and the next person is to do the same thing and so on. By the time the phrase reaches the tenth person you ask the tenth person to write down exactly what was said. Statistic show that this phrase that was spoken will be distorted in some shape or fashion. The meaning will change too, 9 out of 10 times. The Army is probably the largest and most diverse organization in the country with an ethnic and racial makeup which mostly reflect over half of American society. Each individual brings a set of values and attitudes that have been cultivated over many years. Additionally, these values and attitudes are still being shaped and refined with each new experience. Many types of people have strong memories about recent events in their lives, such as promotion, schooling, a new baby, or a transfer etc.. These events and ones yet to come, serve to shape a persons values and attitude for the future. However, values and attitudes do not automatically change just because someone puts on an uniform or gains a new job. Some values and attitudes, are coupled with a lack of awareness, or insensitivity about others that are different from ourselves which can produce confrontations, anger issues, and even violence. It is imperative all of society working or not, recognize and manage their differences so they do not interfere with someone elses effectiveness or their ability to communicate. Values are attitudes about the worth or importance of people, concepts, or things. Values influence our behavior because we use them to decide between alternatives. Values, attitudes, behaviors and beliefs are cornerstones of who we are and how we do things. They form the basis of how we see ourselves as individuals, how we speak, how we see others, and how we interpret the world in general. Your values will influence your priorities. Strong values are what most people put first, defend most, and want least to sacrifice. Individual values can and will conflict at times. Example: If you incorrectly reported a car accident, do you have the moral courage to correct the original statement given even if you know the authorities will never discover what you said? In this situation, your values on truth and self-interest will collide. What you value the most will guide your actions. In this example, the proper course of action is obvious. There are times, however, when the right course of action is not so clear.

What Really Counts :: essays research papers

Some stories start out slowly. Some start quickly. Some, unfortunately never start at all. It was the latter that was slowly becoming the bane – or, as he saw it, the description -- of Morgan Dubois’ existence. Granted, his story was slow in forming not because of lack of effort or desire on his own part, but fizzled time and time again due to an enormous lack of cooperation from the outside world. The outside world, of course, being girls. Standing a modest six feet, two inches in height and tipping the scales at one hundred and eighty-five pounds, Morgan Debois wasn’t that demanding of attention, and his brown hair and hazel eyes – maddeningly typical, in his eyes -- did nothing to change that, much to his chagrin. Though not unattractive, Morgan never fancied himself good-looking, and though he wasn’t a heartthrob, girls never seemed to notice him, either. Unlike many other teenage boys, though, he found little solace on the athletic fields or courts of the high school scene. He wasn’t gifted in any real sense of the word, he thought. Made and played on the basketball team but never started, and with a few minor exceptions and headlines from a sectional championship relief pitching performance his junior year, the same went for football and baseball. Even Morgan himself didn’t take much from his athletic prowess, if one could call it that; when you’re a kid of above-average h eight in a school population numbering barely 170 – if all the Jarrett kids were there, the running joke was – you damn sure better play something, or you’re a queer. You were weak. Though he’d willingly concede the fact that he was nondescript and perhaps all but invisible to the girls he fancied, Morgan Dubois was no queer. He wasn’t weak. And though the thought never crossed his mind, for fear of the attention he sometimes so desperately craved, Morgan Dubois damn sure wouldn’t tolerate you thinking he was. And that declaration, though unmade as of yet, is where Morgan’s story, and ours, truly begins. I’ve got to tell you, I saw it coming. *** Solly Jarrett, on the other hand, was. He was weak. And he’d be the first one to admit it. The youngest – by six minutes; his twin sister Holly nearly edged him out for the honors – of eight children, Solly was raised in a household that had seen enough achievements, both scholastic and athletic, that he wasn’t going to get much more than a ‘good luck’ from Mom or Dad whenever he got dropped off at school or the baseball field.

topic sentence :: essays research papers

Vegetarianism and Cancer   Ã‚  Ã‚  Ã‚  Ã‚  Being a vegetarian is becoming more and more popular in today’s society with the need to be politically correct. As doctors look further in to this lifestyle they are finding more and more benefits to a person being a vegetarian. In an article entitled â€Å"Vegetarian Diets During Cancer Treatment† written by Donna Paglia, M.S., R.D. discuss the benefits to being a vegetarian as far as cancer goes.   Ã‚  Ã‚  Ã‚  Ã‚  Within the article she discuss the research that shows that by having a vegetarian diet you can reduce your cancer rates. Researchers are currently looking at the multitude of antioxidants and phytochemicals in fruits, vegetables, and legumes, as a result of some promising studies showing these foods' anti-cancer properties. This research is leading us to believe that a vegetarian diet may be one of the best preventive measures against certain cancers. Though there has not been any consensus on the type diet that should be used vegetarian is seen to be one of the best ways to go.   Ã‚  Ã‚  Ã‚  Ã‚  She also discuss the different foods that should be eaten during the treatment for cancer. She shows several charts with different foods and the amounts that should be consumed. She suggest a diet that is high in protein as well as high in calories. This is to meet the body’s demands, as well as to maximize the value of a reduced volume of food. Small, frequent, high calorie snacks may be helpful.   Ã‚  Ã‚  Ã‚  Ã‚  She also discuss the different type of vegetarianism such as veganism and how they can adjust there diets to obtain these benefits. She gives a several examples of the type of the food that can eat and the measurement. She clarifies the different types of vegetarianism and some of their benefits. This gives a well rounded point view.   Ã‚  Ã‚  Ã‚  Ã‚  She gives a lot of great information that would help people to make decision on whether or not to become a vegetarian during cancer treatment.

The Examination of the Residential School System in Canada Essay

Education is an essential aspect in our ever-changing societies. It is used as a means of transmitting concepts, knowledge, and values, often to younger generations (Ravelli & Webber, 2010). Education and schooling differ in all societies, varying based on the methods of teaching of different cultural groups. For instance, Canadian Aboriginal people were taught based on the needs of their individual families and class. This greatly differed from the European system of education, which stressed adequate involvement with all of society. Though the Aboriginal manner of education was efficient and effective, the Europeans wanted to bring a change to their previous practices. As seen in the film, Education As We See It, European missionaries established a form of formal education for Aboriginal children, which was to be governed at residential schools. However, this tradition did not last long due to rising conflicts. European missionaries believed Aboriginal children were in need of assistance to become more civilized, and wanted them to be integrated into their European culture (Ravelli & Webber, 2010). Once sent to residential schools, the children were prevented from seeing and speaking to their families, aside from very short periods during the year. They were also subject to harsh treatment, and on some occasions, physical and sexual abuse. Residential schools were later deemed immoral, and unethical, and are completely non-existent today. Nonetheless, sociologists still study the effects and methods used by residential schools, often through common theoretical perspectives and basic sociological concepts. One theoretical perspective that can be associated with residential schools is the conflict theory. In the eyes of confli... ...d. Through an understanding of theoretical perspectives, and basic sociological concepts, the residential school system can be understood. The conflict theory correctly describes the residential education system, and it presents an accurate understanding of the destruction of Aboriginal culture. Socialization, culture, social inequality, and modern social theories all further explain the residential school system, and the effects it has on both the Europeans and the Aboriginals. Recognized now as a mistake, the use and removal of residential schools will forever be noted as a changing point in the struggle faced by the Aboriginal people of Canada. References: Ravelli, B., & Webber, M. (2010). Exploring Sociology: A Canadian Perspective. Toronto: Pearson. Geraldine, B. (Director). (1993). Education As We See It [Documentary]. National Film Board of Canada.

2014-2015 Mock trial Starter kit Essay

Would you please introduce yourself to the court room? Hello, my name is Jordanus Asterion (Hordanus Astrion) What do you do for a living, Mr. Asterion? I am an attorney How long have you been an attorney? Well I practiced for about 20 years, then I had a bit of a mishap but now I’m back to practicing, heck I got my biggest case ever just this year! This miss hap, what happened? It all started back in 2012, it was one drink then I was hooked, I was jobless, homeless, and recently divorced. I was living on the streets, in parking garages, or where ever I could. But, after the incident, I sobered up, got my law license reinstated, and got back together with my family. Are you referring to the death of cervus carona? Yes. Can you tell the jury what you saw? Well my dog woke me up and I saw the samurai group at the parking garage I was sleeping in. there were two people running up the stairs, I immeadtly recognized lang tigris, and the other person, I now know as cervus carona. They were arguing about something, I couldn’t tell what, but when they got (I can’t find what story) story cervus got physical, he pushed lang against the wall†¦. Well†¦ then it happened†¦ What are you referring to Mr. Asterion? See more: Defining research problem and setting objectives Essay Well the force of the push made both people bounce, and lang bounced and that gave cervrus a little more momentum†¦ then†¦ well†¦ cervus fell†¦ he fell out of the window. Did you observe anything after that? Yea, lang†¦ he was just calm†¦ and still†¦ it seemed like he was in shock. (I want to ask a opinion on the ultimate issue question, but I don’t know how to word it) This is just an issue of bad timing, cerverus push lang just a little to hard in the wrong place at the wrong time, and well now were here. Anything about criminal investigation on direct, object to 4.18.3 lack of proper predicate, 602 lack of personal knowledge, 703 opinions by experts You have a Bachelor’s of Science from Texoma University, don’t you? Yourdegree is in Accounting, isn’t it? You also have a Master’s degree from the Enron Hubbard Institute, don’t you? This degree is in Forensic Accounting, isn’t it?  Neither of your degrees make you eligible to work in Law Enforcement, do they? Neither of these degrees are law degrees, are they?  You have never worked as an on-staff employee of any law enforcement agency, have you? So you do not have formal expertise in criminal justice, do you? Nor do you have any educational background in criminal justice, do you? So you cannot render any expert opinions regarding the alleged criminal activities of my client other than those relating to the accounting of Argo Navis, Inc., can you? You know that both my client and Cervus Corona were attempting to sell the company, don’t you? You know that the company was worth somewhere between $2- and $200 million dollars, don’t you? (if brought up) and Lang could only receive a maximum of 2 million from life insurance You know that $75,000 dollars had been stolen from the accounts of Argo Navis, don’t you? This is the only questionable accounting you found in the Argo Navis accounts, isn’t it? And you have no conclusive evidence tying this singular piece of criminal activity to my client, do you? Beauty and the beast, price, cursed, ugly, villagers thought he was evil that was an act of prejudice May it please the court, your honor, opposing counsel, member of the jury. We all know the story of beauty and the beast, the beast was a handsome prince, who was cursed by a witch to become and evil looking monster. He was slandered, tormented and persecuted by the villagers all because of a prejudice they had towards him. Hello, my name is Nate K. I am a representing the state of texoma in today’s case. Today the prosecution holds the burden of proof, which means that if, you have a single doubt of guilt in your mind, then the defendants is innocent. Like in the beauty and the beast, the villagers, or in this case, the prosecutions witness, we presume, will attempt to slander the beast, Lang Tigris. Malus testudao will attempt to tell you he saw the altercation, but in reality he didn’t have vantage point where he could see it. Next, we presume that felis vela will  take the stand, she will tell you about how 75 thousand dollars was stolen for the company, but no one know who took it. She will also explain that the company was worth more than the money than Lang Tigris got from the life insurance. She will also give you opinions that no ability to give. Finally, limax Grus will take the stand, we believe that he will testify about the crime scene, which was not treated properly. He will also tell you about the witnesses he improperly interviewed and detained. And he will also explain that he left out an eye witness. Next we will call three witnesses. Jordanus Asterion will explain that he had a great view point of the entire altercation, and how Cervus corona began the fight, and how e fell as a result of ricochet. He explain that even though he was eyewitness, limax gruss did not interview him. Next Ares Vega will testify, he will explain to you that the Lima Grus did not control the crime scene, he also did not properly detain the witnesses, and furthermore he did not even question an eye witness. Finally, lang tigris will take the stand. He will explain that the business relationship was perfect, then Cervus began to bulk up, and he became aggressive, all lang did was try to please him, then the day of the altercation, Lang said something, he told cervrus he needed to calm down and become a team player. Cervrus said that lang was just riding his caot tails, and at that point, lang asked him about steroids, which put cerverus over the edge. He will explain that later that day they met, by chance, at the samurai class. Cervrus was aggressive and physical with him, then, it happened. Cerverus pushed lang and rebounded off the glass through the wall. Ladies and gentlemen, please don’t allow the villager to kill the beast, after he is inncocent.

Accounting Seminar Notes

Chapter 6 Homework Solutions 6-16 Sales budget, service setting. 1. Rouse & Sons| 2011 Volume| At 2011Selling Prices| Expected 2012Change in Volume| Expected 2012 Volume| Radon Tests| 12,200| $290| +6%| 12,932| Lead Tests| 16,400| $240| -10%| 14,760| Rouse & Sons Sales Budget| For the Year Ended December 31, 2012| | Â  | Â  | Â  | | Selling Price| Units Sold| Total Revenues| Radon Tests| $290| 12,932| $3,750,280| Lead Tests| $240| 14,760| 3,542,400| | Â  | Â  | $7,292,680| 2. Rouse & Sons| 2011 Volume| Planned 2012 Selling Prices| Expected 2012 Change in Volume| Expected 2012 Volume| Radon Tests| 12,200| $290| +6%| 12,932|Lead Tests| 16,400| $230| -7%| 15,252| Rouse & Sons Sales Budget| For the Year Ended December 31, 2012| | Â  | Â  | Â  | | Selling Price| Units Sold| Total Revenues| Radon Tests| $290| 12,932| $3,750,280| Lead Tests| $230| 15,252| 3,507,960| | | | $7,258,240| Expected revenues at the new 2012 prices are $7,258,240, which is lower than the expected 2012 reven ues of $7,292,680 if the prices are unchanged. So, if the goal is to maximize sales revenue and if Jim Rouse’s forecasts are reliable, the company should not lower its price for a lead test in 2012. 6-17 Sales and production budget. Budgeted sales in units200,000Add target ending finished goods inventory 25,000 Total requirements 225,000 Deduct beginning finished goods inventory 15,000 Units to be produced 210,000 6-18Direct materials purchases budget. Direct materials to be used in production (bottles)2,500,000 Add target ending direct materials inventory (bottles) 80,000 Total requirements (bottles)2,580,000 Deduct beginning direct materials inventory (bottles) 50,000 Direct materials to be purchased (bottles)2,530,000 6-19 Budgeting material purchases. Production Budget: Finished Goods (units) Budgeted sales45,000 Add target ending finished goods inventory18,000Total requirements63,000 Deduct beginning finished goods inventory16,000 Units to be produced47,000 Direct Materi als Purchases Budget: Direct Materials (in gallons) Direct materials needed for production (47,000 3)141,000 Add target ending direct materials inventory50,000 Total requirements191,000 Deduct beginning direct materials inventory 60,000 Direct materials to be purchased 131,000 6-20Revenues and production budget. 1. | SellingPrice| UnitsSold| TotalRevenues| 12-ounce bottles| $0. 25| 4,800,000a| $1,200,000| 4-gallon units| 1. 50| 1,200,000b| 1,800,000| | | | $3,000,000| a 400,000 ? 12 months = 4,800,000 b 100,000 ? 2 months = 1,200,000 2. Budgeted unit sales (12-ounce bottles)4,800,000 Add target ending finished goods inventory 600,000 Total requirements5,400,000 Deduct beginning finished goods inventory 900,000 Units to be produced4,500,000 3. = 1,200,000 + 200,000 1,300,000 = 100,000 4-gallon units 6-21 Budgeting: direct material usage, manufacturing cost and gross margin. 1. Direct Material Usage Budget in Quantity and Dollars| | | | Â  | | Material| Â  | | Wool| Dye| Total| Phys ical Units Budget| | | | Direct materials required for| | | Â  | Blue Rugs (200,000 rugs ? 36 skeins and 0. 8 gal. )| 7,200,000 skeins | 160,000 gal. Â  | | | | Â  | Cost Budget| | | | Available from beginning direct materials inventory: (a) | | | Â  | Wool: 458,000 skeins| $ 961,800| | | Dye: 4,000 gallons| | $ 23,680| Â  | To be purchased this period: (b)| | | Â  | Wool: (7,200,000 – 458,000) skeins ? $2 per skein| 13,484,000 | | Â  | Dye: (160,000 – 4,000) gal. ? $6 per gal. | _________| 936,000| | Direct materials to be used this period: (a) + (b)| $14,445,800 | $ 959,680| $15,405,480| 2. = = $2. 55 per DMLH = = $12 per MH 3. Budgeted Unit Cost of Blue Rug| | | | | | Cost perUnit of Input| Input perUnit ofOutput| Total| Wool| $2| 36 skeins| $ 72. 0| Dye| 6| 0. 8 gal. | 4. 80| Direct manufacturing labor| 13| 62 hrs. | 806. 00| Dyeing overhead| 12| 7. 21 mach-hrs. | 86. 40| Weaving overhead| 2. 55| 62 DMLH| 158. 10| Total| | | $1127. 30| 10. 2 machine hour per skein36 skeins per rug = 7. 2 machine-hrs. per rug. 4. Revenue Budget| | | | Â  | | Units| Selling Price| Total Revenues| Blue Rugs| 200,000| $2,000| $400,000,000| Blue Rugs| 185,000 | $2,000| $370,000,000| 5a. Sales = 200,000 rugs| Cost of Goods Sold Budget| | | Â  | | From Schedule| Total| Beginning finished goods inventory| | $ 0| Direct materials used| $15,405,480| Â  |Direct manufacturing labor ($806 ? 200,000)| 161,200,000| Â  | Dyeing overhead ($86. 40 ? 200,000)| 17,280,000| Â  | Weaving overhead ($158. 10 ? 200,000)| 31,620,000| 225,505,480| Cost of goods available for sale| | 225,505,480 | Deduct ending finished goods inventory| | 0 | Cost of goods sold| | $225,505,480| | | Â  | 5b. Sales = 185,000 rugs| Cost of Goods Sold Budget| | | Â  | | From Schedule| Total| Beginning finished goods inventory| | $ 0| Direct materials used| $ 15,405,480| Â  |Direct manufacturing labor ($806 ? 200,000)| 161,200,000| Â  | Dyeing overhead ($86. 40 ? 200,000)| 17,280,000| Â  | W eaving overhead ($158. 10 ? 200,000)| 31,620,000| 225,505,480| Cost of goods available for sale| | 225,505,480 | Deduct ending finished goods inventory ($1,127. 30 ? 15,000)| | 16,909,500 | Cost of goods sold| | $208,595,980| 6. | 200,000 rugs sold| 185,000 rugs sold| Revenue| $400,000,000| $370,000,000| Less: Cost of goods sold| 225,505,480| 208,595,980| Gross margin| $ 174,494,520| $ 161,404,020|

Financial Statement Review

Financial Statement Review University of Phoenix ACC/561 Financial Statement Review Introduction Financial statements play a significant role in each and every type of business. The financial statements provide a wealth of information to auditors, creditors, investors, suppliers and other important venues that need access to this type of information. This paper will discuss four different types of financial statements and how they are utilized by vendors, creditors and others. The four financial statements that will be reviewed are the income statement, balance sheet, cash flow statements and statement of retained earnings.Income Statement Beginning with the income statement, the information provided includes the amount of revenue that the company earns over a certain period of time. The period of time is usually a year or some a portion of a year. An income statement reveals the net worth or loss of a company reporting on the costs and expenses associated with the revenue earnings. Balance Sheet The balance sheet is a snapshot which examines the business. This statement records assets, liabilities and the equity of a company at a particular point in time.The equation used for the balance sheet is assets = liabilities + shareholdersequity. Assets are those things that the company actually owns or controls. The liabilities are represented by the debt or financing that was taken out to acquire those assets. Equity is that money that has been provided by people or stockholders to keep the business afloat. Statement of Cash Flows The statement of cash flows statements reports over a period of time and covers cash inflows and outflows. Generally the statement of cash flows refers to the day to day operations or operating cash flows, cash from investing and cash from financing.It is difficult for a company to manipulate the cash flow and therefore is a very important financial statement. Statement of Retained Earnings The statement of retained earnings reports on cha nges in retained earnings for a specific period. The statement of retained earnings reconciles the beginning and ending retained earnings for that period and will include net income from other statements. It is an inclusion to either the balance sheet or the income statement and not a stand-alone financial statement. Importance of Financial Statements Financial statements have a significant impact on the successfulness of a company.Depending on whether you’re an investor, creditor or manager, the information that is most crucial will depend on who you are. An investor is concerned with the bottom line and the overall value and growth of a company. A company’s earnings and revenue can be compared to the stock price. As an investor the balance sheet, income statement and statement of cash flows is important. Investors will review the information and determine if the company overcame any obstacles and if there is still room for growth. They will also review the net income / loss and the history over previous years to determine any growth or potential for growth.As a creditor, information that is important is the current amount of debt and the amount of cash that is available to pay back that debt. The statement that would be most beneficial would be the balance sheet. The balance sheet contains all of the assets to include cash and cash equivalents and current liabilities as well. It is important to know the current ratio for a creditor to determine the worthiness of the company and the ability to pay both short term and long term debts. A manager is going to be concerned with all statements.When questions are asked by investors and creditors it usually falls back on the manager. It is important for a manager to know the financial position of an organization as it relates to them. Conclusion It is clear that all financial statements play an important role within an organization. The information needed is dependent on who is reviewing the information . The information needs to be reported accurately and efficiently and will cover a specific point in time or a certain period. References Kimmel, Paul D. (2009) Accounting: Tools for Business Decision Making (3rd ed). John Wiley & Sons, Inc.

Sentinel Event

A1. Sentinel Event Review of the medical record for the specified patient (SP) was completed 09/16/12. The medical record revealed that the SP was a minor child with a diagnosis of history of frequent and recurrent tonsillitis and was scheduled to have the tonsils and adenoids removed 09/14/12 at 10:30 AM as an outpatient procedure. Review of the medical record for the day of 09/14/12 revealed that the SP was admitted to the pre-admission testing area at 9:00 AM. At 10:00 AM the SP was in the pre-operative area with the peripheral intravenous line in place and the pre-operative medications were being administered.At 10:30 AM the SP was in the operating room (OR) and the procedure was performed as scheduled. At 11:15 AM, the SP was moved from the OR to the post anesthesia care unit (PACU). At 12:15 PM, the SP was successfully recovered from the procedure and both the surgeon and the anesthesiologist cleared the SP to go home. The medical record revealed a nurse’s note by the pr e-operative nurse on 09/14/12 at 10:30 AM that documented a conversation between the pre-operative nurse and the SP’s mother where the mother stated she was leaving to run an errand involving an older sibling and left a cellular telephone number.The only documented instruction from the mother was for the nurse to call if the SP got out of surgery sooner than expected. In an interview with the PACU nurse conducted on 09/15/12 at 10:00 AM, the PACU nurse stated that on 09/14/12 at approximately 12:30 PM, the patient was released for home to her father, who was identified by his driver’s license; the PACU nurse stated that she provided written instructions for the patient’s post-operative care and follow up appointment to the father.The PACU nurse stated that the patient’s father verbalized understanding of the discharge instructions and left with the patient. The medical record lacked documentation of this encounter. The medical record also lacked documenta tion of any restrictions as to which parent was permitted to take the patient home. The patient’s mother arrived at the hospital on 09/14/12 at approximately 1:00 PM to take the patient home and was extremely distraught when she discovered her daughter was not in the PACU as she expected.There was a shift change at 1:00 PM and the oncoming nurses did not know that the patient was released to her father. As a result, security was called and a hospital-wide child abduction alert (code pink) was activated. In addition to hospital security, local law enforcement was also notified of the missing child. The SP’s mother told the hospital security officer that she and the SP’s father were divorced and she had full custody of the SP and the SP’s siblings. On 09/14/12 at approximately 1:30 PM, the SP was located at the father’s residence, in the care of the father.The SP’s father stated that he took the SP to his residence to wait for the SP’s mother to arrive. No charges were filed against the SP’s father. The hospital management and security personnel assured the SP’s mother that this incident would be investigated and processes would be put in place to prevent it from happening in the future. A2. Personnel There were several employees who had interactions with the SP and her mother during the outpatient hospital procedure. The first person was the hospital registrar who took the SP’s demographic information from the SP’s mother.The next person was the pre-operative nurse who took obtained the SP’s clinical information and medical history from the SP’s mother, performed the initial physical assessment (height, weight, vital signs, cardio-pulmonary, and head to toe), and obtained peripheral intravenous access. The people who then interacted with the SP were the surgeon, the anesthesiologist, and the operating room nurses. The surgeon also had an office visit with the SP and her m other in the days leading up to the surgery. The OR nurse took over care when the SP was moved from the pre-operative area to the OR.The OR nurse made the SP comfortable until she was under the anesthesia and began the recovery process after the surgery was completed. The next person who interacted with the SP was the post anesthesia care unit (PACU) nurse. The PACU nurse was responsible for monitoring the SP during the recovery phase when she was coming out from under the anesthesia. During the post anesthesia phase, the surgeon and the SP assessed and evaluated the SP. Both the surgeon and the anesthesiologist had to sign the papers to release the patient to the discharge nurse. Finally, the patient was transferred to the care of the discharge nurse.The discharge nurse released the SP to her father. After the SP’s mother came back to the hospital and reported the SP was missing, the Chief Nursing Officer (CNO) was immediately involved. The CNO met with the SP’s mothe r and alerted the security team and local police to the disappearance of the child. The local police were able to locate the SP at her father’s house approximately 30 minutes after she was reported missing. The CNO had the responsibility to the SP’s mother to launch the investigation into the cause of her disappearance and to implement a plan of correction so the incident could be prevented in the future. A3.Personnel Issues Several factors negatively affected the coordination of patient care by the employees on 09/14/12. First, the communication between the admission personnel and the SP’s mother was ineffective when the registrar failed to obtain privacy information and/or ask about any custody situation. Second, the pre-operative nurse did obtain the custody information and the mother’s cellular telephone number and documented these on her clip board. However, the pre-operative nurse failed to report this as important information to the operating room nurse upon transfer of the SP from the pre-operative area to the operating room.As a result, the operating room nurse did not alert the PACU nurse to this important information upon transfer of the SP from the OR to the PACU area. The hospital failed to have hand off policies and procedures in place when a patient was moved from one area of surgery to another. They depended solely on their electronic record and did not have any reporting requirements in place when a patient was moved from the admission to pre-operative to operative to post-operative areas. There was a cultural/language barrier between the PACU nurse and the Hispanic discharge nurse making verbal communication very difficult.Other factors of poor communication were staffing ratios and the perspectives and attitudes of the staff. In interviews conducted with the registrar, the pre-operative nurse, the PACU nurse, and the discharge nurse after the sentinel event, they all had a negative, finger pointing attitude of doi ng the minimum to get by and not taking responsibility for the sentinel event. There was also a cumulative feeling among the staff of fear of reprimand or of being ignored in expressing thoughts about the security of pediatric patients in the surgery area, â€Å"Organizational structure has a direct impact n the communication within an organization. The way the hierarchy of an organization is designed either invites feedback, open-mindedness and effective communication or stifles, controls and restricts the ability of subordinates to freely express thoughts, feelings and ideas (Papa 2012). † In the post sentinel event interview, the pre-operative nurse expressed an idea about matching hospital wrist bands for both the child and the parent. This was a good idea, but no system for matching wrist bands was in place.The pre-operative and post-operative areas were understaffed that day making communication among the nurses hurried and ineffective, ultimately creating gaps in commu nication and contributing to the sentinel event. The fact that the surgical area was so short staffed left very little time for the nurses to give hand off reports. As a result, many important details were overlooked. The CNO failed to ensure that the required monthly staffing meetings were held among the surgical team members.Finally, the security personnel were not even called for several minutes after the SP was reported as missing and the security manager failed to perform the â€Å"code pink† child abduction drills on a quarterly basis as required by the hospital’s policy. A3a. Improve Interactions The initiative to improve interactions among the personnel working on 09/14/12 included a new policy implemented on 10/01/12 regarding obtaining custody information and privacy information at the point of registration for any minor child whether it is in the emergency room, inpatient, or outpatient areas of the hospital.This policy included a stipulation that three thin gs are established: a list of people who are permitted private information, a list of people who are permitted to take the patient out of the hospital, and a four digit pin number established by the parent. Information and/or the patient themselves will only be released strictly to a person who is both on the privacy list and who have the pin number. A policy and procedure was also implemented on 10/01/12 in the outpatient surgery area which included detailed procedures for patient hand off when the patient was moved from one area to the next.A new patient hand off form was created which included basic demographic data, medical history, allergies, medication profile, the privacy list, pin number, and any other pertinent custody information for minor children. The registrar must document that both a verbal report and the written report were given to the pre-operative nurse. The pre-operative nurse must then document this same information was relayed both verbally and in writing to th e OR nurse and the OR nurse is also required to document this same information was relayed both verbally and in writing to the PACU nurse.The hand off forms must be signed by both the person reporting off and the person receiving the report and filed in the patient’s paper chart or scanned into the patient’s electronic medical record. A mandatory in-service meeting for all staff was held on 09/28/12 to teach the staff the new policy and procedures. Also, the required monthly staff meetings for the entire surgical team (including physicians) will be implemented to serve as a town hall approach discussion to get any complaints or suggestions by the staff out in the open.In addition to the monthly staff meeting, there will be required in-service education for the staff for the next twelve months including patient safety, child abduction prevention, improvisational workshops to prompt discussion among staff, patient hand-off, time out before discharge, patient rights, dive rsity training, verbal communication, nonverbal communication, shift change reporting, patient satisfaction, and patient education. A4. Quality Improvement The identification and data gathering quality improvement method was used in the root cause analysis of the sentinel event.First the problem was identified; the processes needing improvement were pediatric safety and staff communication. These processes were identified through the post sentinel event interviews of the staff, administrative staff post sentinel event huddles, and surgery staff post sentinel event huddle (including security staff). The data was gathered from the SP’s medical records and a timeline was created starting when the SP entered the hospital and ending when the SP left the hospital with her father. This timeline included an analysis of what was actually done by each employee and also what should have been done to prevent the sentinel event.The question of why was asked when inactions were determined to be what resulted in the sentinel event. Along with the SP’s medical record, all other medical records for minor children who received outpatient surgery at the hospital during the first two weeks in September were also analyzed to determine that the inactions on the part of the outpatient surgery staff were a systemic problem and that this was not an isolated case. Staffing ratio policies were reviewed and security policies on â€Å"code pink† drills were also reviewed.Staff meetings were held weekly where feedback was provided to staff during the root cause analysis process regarding performance indicators and benchmarking against other hospitals of similar size in the areas of patient hand offs, staff to patient ratios and performance of security drills including child abduction drills. After the data was gathered, all involved in the sentinel event were gathered and a list of causes of the sentinel event was created. This list was used in creating the recommendat ions to improve staff communication and creating the process change to ensure that the sentinel even does not recur.B1. Risk Management Program The process of obtaining custody information and privacy information at the point of registration for any minor child, in all areas of the hospital, will be managed and directed by the head Quality Improvement Officer of the hospital. The new policy also has a requirement to prevent the sentinel event from happening again; at the point of registration any minor child under the age of 18 will have a bar-coded band put on their wrist or if they are less than four years old, on their ankle.The parent(s) or legal guardian(s) will be required to wear a wrist band with a matching bar code. Before the child is discharged home, both wrist bands will be scanned with the computer bar code scanner to ensure the wrist bands match. Only the parent(s) or guardian(s) with proof of legal custody will have the wrist band. Additionally, at the point of regist ration, the parent(s) or guardian(s) will be asked to choose a four digit pin number which will be noted in the electronic medical record under the security tab.At the point of discharge, the parent(s) or guardian(s) will be required to give the four digit pin number before the child is released to them for discharge. These measures are to be implemented by 10/05/12 with 100% compliance expected by 10/12/12. Starting on 10/05/12, the Quality Improvement Officer will audit 25% of all admission paperwork on a weekly basis to ensure compliance with the new policy. The Quality Improvement Officer will keep a log of this audit process and the outcomes of the audits. If a registrar is found to be out of compliance with the requirement, disciplinary action will occur.Starting 10/05/12, the Nurse Manager of the outpatient surgery area is required to audit 25% of the outpatient medical records on a weekly basis for compliance with the new patient hand off policy and procedure which applies t o adult and minor child patients. She will also keep a log of this audit process and the outcomes of the audits. The Quality Improvement Officer and the Nurse Manager of the outpatient surgery area will hold bi-weekly meetings with the heads of each department in the hospital to review the audit results and to obtain feedback from each department regarding the new policies and procedures.The Nurse Manager of the outpatient surgery area will hold bi-weekly meetings with the outpatient surgery staff to review the audit results and to obtain feedback on the new admission process for minor children and the new patient hand off process for all patients. Starting 10/01/12, the Nurse Manager of the outpatient surgery area will also be responsible for closely monitoring the daily staffing ratios and ensuring that adequate staff is working during each shift.Also starting 10/01/12, the head of the security department will be responsible for performing the â€Å"code pink† drills monthl y and documenting these in the security log book. New security cameras will also be installed in the outpatient surgery area, at all exit doors, by 10/12/12. B1a. Resources The resources needed to support the changes to prevent the sentinel event from recurring are the medical staff, corporate compliance staff, administrative staff, human resources, and outside compliance consultants.The legal team was immediately involved in the sentinel event to minimize the risk involved in an event such as child abduction. The finance department will provide the financial resources to purchase the new bar coded band system and the new security cameras. The staff will need to be trained on the new policies and procedures by the education department. Also, it is essential that each shift and each department have an adequate staffing ratio which is the responsibility of the hospital administration and the CNO.Human resources, administration, and the CNO were involved in interviewing and counseling the staff involved in the sentinel event. They will have an ongoing responsibility to follow up with the staff to ensure compliance with the new policies and procedures. Outside compliance consultants were also utilized in completing the root cause analysis, creation of the plan of correction, and implementing the plan of correction. C. Sources Papa, J. (2012, May 9). General format. Retrieved from http://www. ehow. com/about_6071356_communication-organizational-structure. html

3 Types of Skin Cancer

3 Types of Skin Cancer There are three types of skin cancer, melanoma is the most dangerous. Although it is rarer than the other two, melanoma is the most likely to propagate and can lead to death. As with all cancers of the skin, sun exposure is the main cause of the disease. In the United States there are more than 62,000 cases of melanoma diagnosed each year. Outside of these cases, 7,900 people will die of the disease. Learn the facts related to Skin Cancer and its sources, signs, and cures. Causes melanoma is the worst kind of skin cancer. Not only can affect areas of the skin, which is capable of spreading to other organs in the body, as well as the bones. The root cause of melanoma is, basically, be exposed to too much sun. The normal skin cells become abnormal, grow quickly, and then attack the tissues that surround them. People who have a history of melanoma in their families are at greater risk of developing the disease. If the people in your family have a history of many moles, this can also make you more prone to a melanoma. Although moles themselves do not cause melanoma, taking a multitude of them may be a sign that the melanoma in their family. Symptoms Begin in the basic sign of melanoma is the change in size or shape of a mole or birthmark that you already have. Although melanoma can grow within a mole or birthmark that already exists, usually appear on the skin without mark. Melanoma can occur anywhere on the body, but most often found on the legs of a woman and the top of the backs of men. An existing mole may show signs of melanoma by thickening when originally was flat. The surface of the mole can become flaky and crispy, or may ooze and bleed. The skin that surrounds the mole may emit a burning sensation and redness, swelling and itching. It is not unlikely that the affected area to have skin that breaks into smaller pieces. As the melanoma develops in the later stages and worst, the affected area can be broken and bleeding occurs, as well as pain. When the melanoma has entered the stage of metastases, the lymph nodes in the armpits or groin may swell. You can also have a package colorless that appears below the skin. Other symptoms of this stage are the weight loss that cannot be explained, aging of the skin, chronic cough and headaches. Diagnosis It isvery important to seek medical attention immediately if you notice a change in a mole or develops a suspicious-looking area on your skin. Early finding and treatment is important when it comes to melanoma. If your doctor suspects you might have melanoma, a biopsy will be taken from the suspected area and is sent to a pathologist for examination. If melanoma is greater than 1 mm of thickness, the lymph nodes will be revised ​ ​to see if the cancer has spread there. A lymph node biopsy may be done if you suspect that have been extended to the lymphatic system. Another test to see if the melanoma has spread to this system is a biopsy of sentinel lymph node. If you think that the cancer has spread to other areas of the body, the imaging tests can be performed. These tests include a PET scan, CT scan or an MRI. This type of evidence will be able to determine if the cancer has spread to areas such as the lungs and or other organs. TREATMENT Treatment of melanoma depends on what stage of the disease is in. There are five phases of melanoma, each nasty than the other. In stage 0, the melanoma has affected only the outer layer of the skin. At this stage, it is possible to eliminate the cancer, by surgical removal of the affected area of the skin. In stage 1, the area of the melanoma is a little larger than in stage 0, but the most likely can be treated in the same way. In stage II melanoma, the cancer has grown larger than 1 mm of thickness, but may still have not spread to the lymph nodes. If this is the case, surgery is the common treatment. You can also go through a biopsy of the lymph joints and you will be given a drug called interferon. In third phase of melanoma, the cancer has blowout to the lymph nodes and has become more serious. The treatment is going to call for surgical removal of the tumor, as well as all the lymph joints in the surrounding area. The person so he started on interferon, also known as immunotherapy. The interferon kills the cancer cells while the stimulation of the immune system of the body. The stage IV melanoma is the worst case of this disease. Actions may contain radiation, chemotherapy and immunotherapy. From stage IV melanoma is cancer that has spread throughout the body, the treatment is not curing the disease, but rather help the patient to manage the symptoms of the same. Prevention / Solution The best way to prevent any type of skin cancer, as well as melanoma, is to stay out of the suns damaging rays. For most, this is not totally possible. Outdoors in the sunlight, be smart. The suns rays are most harmful between 10 a.m. to 16:00 try limiting your exposure during these hours. Use a sunscreen that is at least an SPF 15 whenever you go outside. Be sure to wear protective clothing when outside as long-sleeved shirts, hats, sunglasses and long pants. If possible, avoid sunbathing all organized, as well as bronzingbooths. Check your body regularly to detect signs of changes in moles or other differences in areas of the skin. Above all, if you notice a change in one area of your skin, seek medical advice as soon as possible.

Research Type Essay Example | Topics and Well Written Essays - 250 words

Research Type - Essay Example Grounded theory is based on symbolic interactionism; wherein behavior develops through mingling and association with others in a process composed of negotiation and renegotiation (Morse and Field, 1996). It opposes the notion of average behavior and static reaction to symbols. Phenomenology studies behavior in the context of the individual’s experience (Morse and Field, 1996). Compared with grounded theory, phenomenological research supposes that meanings and behaviors are more internally controlled rather than a result of outside influence. Both methods require the generation of huge amounts of data because of the individualistic (phenomenology) and interaction-based (grounded theory) approach that it takes and both are essential to Nursing research because a patient’s reaction to a health care practice is influenced by both internal and external factors. Managing and organizing qualitative data for analysis is needed so as to make a coherent and relevant research. One way of handling large volumes of data is by categorizing each paper or resource and coding them so as to make it easier to find a particular resource when needed. Qualitative research analysis software (i.e. Nvivo) can also be used to index and sort massive amounts of information for quicker access. The use of online data bases can also be harnessed because these data bases are already organized and streamlined so analysis will be more efficient. (Polit and Beck,