Monarchial constitution Essay

Under the monarchial constitution of the United Kingdom (UK), the majority of prerogative powers are now exercised by the government in the name of the Crown. There are two principle definitions of Royal Prerogative (RP); that of Sir William Blackstone and that of Professor A. V. Dicey. According to Dicey, RP is defined as the residue of arbitrary or discretionary authority, which at any given time is legally left in the hands of the Crown. RP has several defining characteristics – RP is inherent to the Crown, derived from common law, exercised by the government on behalf of the crown, the powers are residual and RP legitimises government actions without the need for an Act of Parliament (AOP). Before the 17th century, the monarch had all three powers, the legislative, executive and judicial powers. The judiciary started gaining independence since the Case of Prohibitions 1607 and was fully independent after the Act of Settlement 1700, which effectively removed the power of the monarch to remove a judge at will. The independence of the legislature started with the Case of Proclamation 1611 and culminated in the Bill of Rights 1689, which curbed future arbitrary behaviour of the monarch and guaranteed Parliament’s power vis a vis the Crown. With these changes made to the UK constitution and as support grew for a democratic government, RP seemed out of place in the hands of the monarch and was slowly transferred into the hands of the government to be used in the name of the Crown. It is possible for RP to be codified i.e incorporated into an AOP, as can be seen from the Constitutional Reform and Governance Act 2010 (CRGA). The CRGA codified several RPs, such as the RP to ratify treaties. The codification of RP meant that it would be under Parliamentary control and not the Executive. In the UK today, the UK government makes certain decisions based on the RP if they are not covered under any statutes. However, there have been several cases regarding the use of RP brought to the courts, spearheaded by Darnels case as well as the Case of Ship Money. The fact that these cases could be judged by the courts showed that the government (on behalf of the monarch) could exercise the prerogative power granted by the courts. Therefore, the courts have the power to determine whether that prerogative power exists and the extent of the power exercised by the government. Codifying the RP ensures that courts would not have the power to determine its existence, as they are unable to determine the validity of an AOP, as directed by Lord Reid in Pickin v British Railways Board. It would also prevent conflicts with statutes, as well as promote greater certainty and accessibility in the law. However, codifying the RP would make it more rigid, which may affect the reflexes of the government in responding to situations which are time-sensitive. Nevertheless, the current practice of the UK government with regards to such RP would be to consult Parliament first. Thus, it would be desirable to codify the RP. The RP has always been a part of common law in the UK Constitution. In the Case of Proclamation 1611, then King James I declared two royal proclamations without the consent of Parliament. When the case was brought before the court, Lord Coke held that ‘the King hath no prerogative, but that which the law of the land allows him’, meaning that the King could only exercise the prerogative power granted by the courts. Following the judgment, there were several cases which involved the use of the RP which the courts upheld. In Darnels case, the Defendant was imprisoned due to a warrant issued from the King in which there was no reason for the imprisonment. The court held that the arrest was valid as this was the exercise of the monarch’s prerogative power to arrest. The Case of Ship Money also exemplified how the court could decide if use of RP was legitimate. Hampden had refused to pay taxes to the King, upon his RP to raise revenue in an emergency situation. The court subsequently upheld the power of the Crown. Lastly, the judgment in Lord Advocate v University of Aberdeen upheld the RP that things lost, abandoned or ownerless belongs to the Crown. However, the courts have also held several decisions which restricted the RP. In BBC v Johns, BBC claimed there was a prerogative to grant immunity to them so as to avoid paying taxes. This case was famous for the dictum of Lord Diplock who stated that it is â€Å"350 years and a civil war too late for the Queen’s courts to broaden the prerogative†. Some feel that the exercise of prerogative powers was outside judicial review. Lord Devlin (in Chandler v DPP) agreed, but in his obiter statement stated that the courts will not review the proper exercise of discretionary power but they will intervene to correct excess or abuse. Despite this, not all prerogative powers are subjected to judicial review, the reviewability is dependent on its subject matter and not the source of power. In the GCHQ case, Lord Roskill mentioned that â€Å"Prerogative powers such as those relating to the making of treaties, the defence of the realm, the prerogative of mercy†¦ are not, I think, subjected to judicial review because of their nature and subject matter is such as not to be amendable to the judicial process†. Thus, with RPs, courts would have the ability to judge whether they are implemented legitimately or not, dependent on the scope of the prerogative in question, but in the case regarding AOP, courts would not be able to question its validity, as stated by Lord Reid in Pickin (as above). This would be desirable as it would smoothen the relations between the Judiciary and Executive, with fewer conflicts between them. There are also situations whereby RP will be in conflict with statutes. As such, the Crown would not be able to exercise the prerogative power due to the doctrine of Parliamentary Sovereignty. In AG v De Keysers Royal Hotel, the Crown used the Royal Hotel during the First World War and the hotel later claimed for compensation under Defence Act 1842. Although the Crown argued that no compensation should be paid since there was an RP to acquire any land of the subject during wartime, the court held that when the statutory power and prerogative power co-existed, statutory power would override that of prerogative. Similarly, in R v Secretary of State for the Home Department, ex parte Fire Brigades Union, the Criminal Injuries Compensation Scheme set up under Ministerial Prerogative powers was used instead of the Criminal Justice Act 1988, so as to save money by awarding less compensation. The court held that if there is a statutory scheme, it cannot be replaced by the RP. To prevent these scenarios from happening, Parliament has taken steps in recent years to incorporate some RP into statutes. For example, the Treasure Act 1996 states that the prerogative right of treasure trove has been abolished and replaced by this Act. The Human Rights Act 1998 protects citizens against arbitrary use of prerogatives, and the Fixed-Term Parliament Act 2011 has incorporated the RP of dissolution of Parliament. Hence with these recent developments, RP will be in less conflict with AOPs and more consistent with them, enabling them to be more certain and accessible to the public. There are naysayers of codifying the RP that argue that such an act would increase the rigidity of the process to achieve the intended result. Indeed, this is true as can be seen in the prerogative to declare war on other countries. For such a result, the government would need the operational flexibility and speed of deployment that the RP provides. By incorporating it into a statute, not only will the efficiency of the government be reduced, excess publicity that the AOP will bring would undermine the success of the operation. In addition, there will be situations where the government cannot await Parliamentary approval due to time constraints. Be that as it may, in practice, the government in modern times have looked for Parliament’s approval regarding the issue of war. In 2006, then Prime Minister Tony Blair, following his own vote over Iraq in 2003, acknowledged that he could not conceive of a situation in which a government is going to go to war – except in the circumstances where immediate action is required – without a full Parliamentary debate. The Iraq war vote was a significant precedent that Parliament should give its approval regarding such matters. Following which, Prime Minister David Cameron in 2011 held a Parliamentary debate on whether UK should establish a no-fly zone in Libya after the outbreak of military action. Lastly, in September 2013, a Parliamentary debate was called to discuss the possible military intervention in Syria after chemical weapons were allegedly used on civilians. By calling a vote, the government was ensuring continuing adherence to the practice that Parliament should have a say in such issues. Hence, even if codifying the RP does increase rigidity, the process of ensuring Parliament’s approval is already established. Some might feel that codifying the RP would be sacrificing UK history as they would be forgoing part of their culture which makes their unwritten constitution unique in today’s world (inclusive of New Zealand and Israel). Nevertheless, the RP is considered by many to be an outdated power and is such an important one that it should not bypass democratic representation.

Research: Its Significance to Nursing Practice Essay

Its Significance to Nursing Practice I guess the greatest reason (I could think) why we are studying Research today is that someday as a Nursing Practitioner we are not only going to stare at the walls of our hospitals and scratch the bottom of our multi-colored (red, blue, black and green) pen in our heads whenever there are significant problems happening around our future working environment, those problems that are causing bad effects to our profession and to the kind of care we will be giving our future clients. Personally, I think I could be more confident someday if I become one of those practitioners who can start a research project for my institution or for the society. Not that I will be a wonder woman who can actually answer (through researching) all the problems my future hospital will have to ask, but knowing within myself that I have a certain way and capability to look for a solution whenever a problem may arise in my institution, makes me feel confident and honored. I can be confident that I could be a part of something small (but helpful) for my society. It’s amazing that our health care are improving and innovating because there are someone and somebody who are spontaneously studying what could bring good and bad effects in our plan of care as nurses. Imagine the lives of our ancestors in 1950s; imagine what kind of education our Nurses during those moments are trying to put on their heads? Researching is the formal and systematic way to prove our intervention is effective. If people like Nightingale (and other researchers whom I can’t retain in my head) didn’t research the way they do, maybe by now we are just under the corner of our nursing station talking our way to sanity of what task should be done. Should we do this, should we do that or shouldn’t we? Although some nursing intervention can be easily rationalized through common senses and critical thinking skills, researches helps us improve our obligation for a better kind of care. Why should we scrub our hands like this? And why babies who are breastfed have more advantage than those babies who are not? Strong evidences from rigorous studies are things that guide us nurses and future nursing practitioner to decide and act rationally. We need to specify our nursing actions and decisions on evidence and supports so that we will know that our actions are clinically appropriate, and that it is effective, and that it will give positive outcome for our clients. Now I know that ationalizations from the content of procedures found in our lecture and return demonstration are published for a reason and that is not just written, it has basis. We could always hear that our school givse high-quality kind of education for its students, well that’s what researching can be about. It is a non-stop and spontaneous study of how to improve care inside and outside the hospital, to reach a high-quality level of care to individuals, family and community. The primary reason fo r conducting nursing research is to foster optimum care or clients.

Exercise Physiology

Direct calorimetry uses the measurement of heat production as an indication of metabolic rate. * Indirect calorimetry estimates metabolic rate via the measurement of oxygen consumption. * Energy expenditure can be expressed in L†¢min-1, kcal†¢min-1, ml†¢kg-1†¢min-1, METs, and kcal†¢kg-1†¢hr-1. * To convert L†¢min-1 to kcal†¢min-1, multiply by 5. 0 kcal†¢L-1. * To convert L†¢min-1 to ml†¢kg-1†¢min-1, multiply by 1000 and divide by body weight in kilograms. * To convert ml†¢kg-1†¢min-1 to METs or kcal†¢kg-1†¢hr-1, divide by 3. 5 ml†¢kg-1†¢min-1. Efficiency: * Exercise work rate Efficiency decreases as work rate increases * Speed of movement* There is an optimum speed of movement and any deviation reduces efficiency * Muscle fiber type * Higher efficiency in muscles with greater percentage of slow fibers SUMMARY: Net efficiency is defined as the mathematical ratio of work performed divided by the e nergy expenditure above rest, and is expressed as a percentage. * The efficiency of exercise decreases as the exercise work rate increases. This occurs because the relationship between work rate and energy expenditure is curvilinear. To achieve maximal efficiency at any work rate, there is an optimal speed of movement. * Exercise efficiency is greater in subjects who possess a high percentage of slow muscle fibers compared to subjects with a high percentage of fast fibers.This is occurs because slow muscle fibers are more efficient than fast fibers. * Not possible to calculate net efficiency of horizontal running * Running Economy * Oxygen cost of running at given speed * Lower VO2 (ml†¢kg–1†¢min–1) at same speed indicates better running economy * Gender difference * No difference at slow speeds At â€Å"race pace† speeds, males may be more economical that females 170-188 CIRCULATORY RESPONSE TO EXERCISE Organization: arteries branch to form vessels, v essels become microscopic and form arterioles, which develop into â€Å"beds† called capillaries. Capillaries are the smallest and most numerous of blood vessels—exchange of oxygen, CO2, and nutrients. Blood passes from capillary beds to venules that move back to heart and increase in size becoming veins. Mixed venous blood= mixture of venous blood from both upper and lower body in the right side of the heart. *it represents an average of venous blood from entire body.HEART: Right/left side separated by muscular wall called interventricular septum (prevents mixing blood from sides). Valves: Bicuspid/mitral = left atrioventricular valve **atrioventriculars close when heart contracts to prevent backflow. Tricuspid= right atrioventricular valve Semilunar valve (pulmonary semilunar)- b/w right ventricle and pulmonary artery. Prevents backflow from arteries into ventricles. Aortic valve (aortic semilunar)= b/w left ventricle and aorta. Also prevents backflow†¦ Right si de pumps deoxygenated blood to pulmonary circuit so oxygen can be loaded and CO2 released.Left side pumps oxygenated blood to body via systemic circuit. RIGHT: to lungs LEFT: to body Heart sounds are due to closing of atrioventricular valves (first sound-systole) and the closing of aortic and pulmonary valves (second sound-diastole) Wall of heart is 3 layered: 1) outer layer is epicardium, 2) muscular middle layer called myocardium, 3) inner layer endocardium. Myocardium contracts to force blood out. Right and left coronary arteries supply myocardium Cardiac muscle fibers are shorter than skeletal and are branched and involuntary. Heart muscle fibers are all connected via intercalated discs- transmit electrical impulses.They are leaky membranes that allow ions to cross b/w fibers (contract together= functional syncytium). *atria contract separate from ventricles because there is a separating layer of CT *heart is only type 1, slow fiber- highly aerobic, many mitochondria (more than skeletal). Cardiac cycle: Systole- contraction phase (blood ejected) Diastole- relaxation period (arterial BP decreases– filling) There is also an atrial systole and diastole. Atrial contraction during ventricular diastole, atrial relaxation when ventricular systole. *SO there are TWO steps of heart pumping. *atria contract together, which empties arterial blood into ventricles. . 1 second and then ventricles contract to deliver blood to systemic and pulmonary circuits.*when atria relax, blood flows into them from venous circulation as they fill, pressure inside increases. Increase in HR less time spent in diastole (not as much impact on time in systole until at high HR) Arterial Blood Pressure: -greatest in arteries BP = the force exerted by blood against the arterial walls. Determined by how much blood is pumped and the resistance to blood flow. -male: 120/80, female: 110/70 systolic/diastolic dif between the two is calls â€Å"pulse pressure† â€Å"mean arterial pr essure†= av pressure during cardiac cycle. determines rate of blood flow through systemic circuit Mean arterial pressure = DBP + . 33 (pulse pressure) (DBP: diastolic blood pressure) (pulse pressure: dif between systolic and diastolic pressure) SO, if someone has bp 120/80, Mean arterial pressure= 80mmHg + . 33(120 – 80) = 93 mmHg *but this calculation is only used for cardiac cycle at rest.Hypertension- increases workload on left ventricle so cardiac mass increases, but this eventually results in diminished pumping capacity. Also increase risk for other disease/damage of body parts like brain and kidneys. 20% all US adults Factors influencing arterial BP: ) cardiac output—amount of blood pumped from heart 2) total vascular resistance – sum of resistance to blood flow by all systemic blood vessels. —blood volume, blood viscosity Mean arterial blood pressure = (cardiac output x total vascular resistance) *so increase in either will increase the mean art. BP Blood pressure increases when increase in: blood volume, HR, SV, blood viscosity, peripheral resistance. And it decreases when any of those decrease. BP regulated short term by the sympathetic NS, long term by the kidneys (bc they control blood volume). Baroreceptors- sense arterial blood pressure in carotid artery and aorta.Increase in pressure send impulses to CV control center which will decrease the sympathetic activity (lowers cardiac output and/or reduces vascular resistance lowers BP). Decrease in BP reduction of baroreceptors activity to brain CV control center increases sympathetic activity raise BP to normal Electrical Activity of the Heart: Sionatrial node (SA node)- in the right atrium (by the vena cava). responsible for spontaneous electrical activity in normal heart, it’s the pacemaker. Occurs due to decay of resting membrane potential (bc of diffusion of NA during diastole).When SA is depolarized and reaches threshold, a wave of depolarization is spread over the atria contraction! Wave of atrial depolarization needs special conductive tissue to transport it to the ventricles. This conductive tissue is called the atrioventricular node (AV node- in floor of right atrium). When blood from atria empties into ventricles, the conductive pathways branch into smaller fibers called purkinje fibers that spread the wave of depolarization through ventricle so it can contract. Electrocardiogram (ECG)- recording of electrical charges in myocardium during cardiac cycle. –ability of hear to conduct impulses.P wave- depolarization of atria QRS complex- depolarization of ventricles and atrial repolarization(during beginning of systole, aprx . 10 seconds after Pwave) T wave- ventricular repolarization (same time as QRS, but at the beginning of diastole) CARDIAC OUTPUT (Q): Q = HR X SV Regulation of heart rate: -because SA node controls HR, changes in HR involve factors influencing SA node. Most influence over HR: parasympathetic and sympathet ic NS Parasympathetic NS- acts as braking system to slow HR using vagus nerve which touches SA and AV node and releases acetylcholine decrease activity of SA and AV nodes due to hyperpolarization= reduce HR. —initial increase in HR during exrcise up to 100bpm is due to decrease in parasympathetic tone. Sympathetic fibers use cardiac accelerator nerves to innervate both SA node and ventricles.Increase HR and myocardial contraction when they release norepinephrine. –beta receptors *all beta-blocking drugs will decrease resting HR and exercise HR. CV control center regulates- pressure receptors in right atrial respond when there is increased pressure by increasing Q to reduce the BP. Body Temp also influences HR. increase temp = increase HR Regulation of stroke volume: ) end-diastolic volume (EDV aka â€Å"preload†) (volume of blood at end of diastole) 2) average aortic BP 3) strength of ventricular contraction EDV- Frank and Starling, stronger contraction with hig her EDV bc there is more stretch of ventricles. EDV influenced by rate of venous return to heart- more return= higher EDV. Venous return regulated by: 1) venoconstriction – reduced volume capacity of veins to store blood. *sympathetic control- activates organ increase HR (the parasympathetic inhibits activation decrease HR) 2) muscle pump—muscles contract and compress veins blood pushed to heart.Venous return reduced when muscles are contracted. isometric exercise, mechanical. 3) respiratory pump- breathing decreases pressure in chest and increases abdominal pressure so venous blood flows from abdominal into thorax and increases return. *more respiration in exercise Aortic pressure (mean arterial pressure/afterload)- to eject blood, pressure in left ventricle must be more than in the aorta. Increase in aortic pressure= decrease SV. Less afterload during exercise bc arteriole dilation reduces afterload. Circulating epinephrine-norepinephrine (increase Ca+ entry) and dir ect sympathetic stimulation of heart by cardiac accelerator nerves.Increase in sympathetic stimulation of heart increases SV at any level of EDV. HEMODYNAMICS: -blood flow is in a continuous loop. Physical characteristic of blood- composed of plasma (watery portion, contains ions/proteins/hormones) and cells (called the hematocrit: RBC/platelets/WBC). Hematocrit= 42% of blood (38% in college women), the rest is plasma. RBCs are largest part of a blood cell—influence viscosity. Anemia decreases RBC, so decreases viscosity Relationships among pressure, resistance, and flow: Rate of flow is proportional to pressure difference. Inversely proportioned to resistance.Blood Flow= change in pressure/ resistance -Change in pressure is the dif between the two ends of the circulatory system -resistance due to length of vessel and viscosity, and radius of vessel **Blood flow increases with increase in BP or with decrease in resistance. -during exercise blood flow increases mainly due to d ecrease in resistance with small rise in pressure. Resistance = (length x viscosity)/ radius^4 (**so radius is VERY important-vasoconstriction/vasodilation) Sources of vascular resistance: -vasoconstriction/vasodilation the greatest vascular resistance in blood flow occurs in arterioles.Pg 188 – 196 Changes in oxygen delivery to muscle during exercise: Metabolic need for O2 increases so there is an increase in blood flow to muscle- increase O2 delivery by 1) increased cardiac output and 2) redistribution of blood flow from inactive organs to working skeletal muscle. Changes in cardiac output during exercise: -cardiac output increases in proportion to metabolic rate for task -maximal cardiac output decreases after 30 yrs of age mostly bc of decreased maximal heart rate with age. Cardiac output = heart rate X stroke volume Max HR = 220 – age (years)Changes in Arterial-Mixed Venous O2 content during exercise: -change in arterial-mixed venous oxygen difference (a – VO2 diff)during exercise. It represents the amount of O2 taken from 100 ml of blood by the tissue during 1 systemic circuit. The relationship between cardiac output (Q), a – VO2 diff, and oxygen uptake is given by the Fick equation: VO2 = Q X (a- VO2 diff). Fick equation: VO2 is equal to the product of cardiac output and the a-VO2 diff. *SO INCREASE IN CARDIAC OUTPUT OR (a – VO2 diff ) WOULD ELEVATE VO2. Redistribution of Blood Flow During Exercise:Increase flow to skeletal muscles and decrease to less-active organs like liver, kidneys, GI tract. Increase in muscle blood flow and decrease in splanchnic blood flow change as a linear function of %VO2 max. -at rest aprx 15-20% total cardiac output is directed to skeletal muscles. -during maximal exercise 80-85% of total cardiac output goes to skeletal muscle (to help meet oxygen needs for contracting) -during heavy exercise % that goes to brain is reduced compared to rest. -total coronary blood flow increases due to incre ase in cardiac output -reduction of blood flow to skin and abdominal organsRegulation of local blood flow during exercise: Regulated with arterioles in skeletal muscles that have a high vascular resistance at rest (due to adrenergic sympathetic stimulation which causes vasoconstriction). This results in low blood flow to muscle (4-5 ml/min per 100g muscle) but this is still 20-25% total flow from heart. **autoregulation (an intrinsic metabolic control) -vasodilation (opens vessels) results from local changes during exercise like decrease in O2 tension, increase in CO2 tension, nitric oxide, potassium and adenosine concentrations, increase in acidity.Vasodilation reduces vascular resistance and therefore increases blood flow. Also aided by recruitment of cappilaries- at rest only 5-10% of capillaries are open, all are open during heavy exercise. **level of vasodilation regulated by metabolic need of the muscle (intensity and # of motor units recruited determines blood flow to active muscle fibers) during exercise, vascular resistance in skeletal muscle decreases and vascular resistance to flow in the visceral organs/other inactive tissue increases. *because on increased sympathetic output to these organs regulated by CV control center. increase in visceral vasoconstriction during exercise decreases blood flow to viscera by 20-30% resting value. During exercise in upright position, SV reaches plateau at 40% VO2 max, therefore, at work rate about 40% VO2 max, the rise in cardiac output (Q) is due to increased HR only.CIRCULATORY RESPONSES TO EXERCISE: HR and blood pressure at any VO2 (oxygen uptake) are higher in arm than in leg -higher HR in hot/humid conditions emotional influence- HR increase with high emotion because increase in sympathetic NS activity. Does not generally alter peak HR or blood pressure during exercise itself but does elevate pre-exercise HR. ransition from rest to exercise- increase in HR and SV and cardiac output at beginning of exercise (a fter 1st second! ) then if work is constant it plateaus recovery from exercise- recovery from short-term/low intensity is rapid. Recovery after exercise better in trained individuals bc their HR doesn’t get as high. Recovery from long-term is slower because elevated body temp. incremental exercise- HR and cardiac output increase in direct proportion to O2 uptake. More O2 uptake = more blood flow to muscles. Plateau of cardiac output and HR at 100% VO2 max (no more hemoglobin to transport O2).The increase in HR and systolic BP results in increased workload on the heart (increased metabolic demand on heart estimated by: double product = HR x systolic BP) maximal exercise increases workload on heart by 500% Useful equation to tell patients with coronary artery blockage how they can exercise. **cardiac output increases because decrease in vascular resistance to flow and increase in mean arterial blood pressure. Arm vs. Leg exercise- HR and BP higher in arm because greater sympath etic outflow to heart during arm work when compared to leg work.Large increase in BP for arms because of vasoconstriction in inactive muscle groups. Large muscles (legs) have more resistance vessels dialated, so there is lower peripheral resistance and lower BP (cardiac output x resistance= pressure). Intermittent exercise- (interval training), recovery of HR and BP depends on level of fitness, environmental conditions, and duration and intensity. Recovery not complete if the temperature is high because that increases HR. with repeated bouts of light exercise, many repetitions can be preformed. Prolonged exercise- cardiac output at constant level.SV declines while HR increases because the increase (cardiac output constant bc HR increases and balances SV decrease). Cardiovascular drift= increase in HR and decrease in SV during prolonged exercise. , it is due to rising body temp and reduction in plasma volume. Reduction in plasma volume reduces venous return to heart and thus decrease in SV REGULATION OF CARDIOVASCULAR ADJUSTMENTS TO EXERCISE –increase in sympathetic stimulation of heart and vasodilation of arterioles and increase resistance of vessels in less-active areas= increase cardiac output so that blood flow to muscle matches metabolic needs.Central command- CV change due to centrally generated cv motor signals **also modified by heart mechanoreceptors, muscle chemoreceptors, muscle mechanoreceptors, and pressure-sensitive receptors (baroreceptors) â€Å"tuners† during exercise: muscle chemoreceptors- muscle metabolites (K, lactic acid, etc. ) muscle mechanoreceptors- force and speed of muscular movement baroreceptors- change in arterial BP- regulate arterial BP Page 267-269, 277-280 VO2 max = HR max X SV max X (a- vO2 dif)max STROKE VOLUME SV = End diastolic volume(EDV) – End systolic volume (ESV) *EDV increase ecause increase in ventricle size/increase in venous return (â€Å"preload†), increase in myocardial contractility, and decrease in resistance to blood flow out of heart (â€Å"afterload†) End diastolic volume (EDV) Left ventricle increase with endurance training bc of volume loading during exercise Plasma volume increases with endurance training (loss of plasma volume = decrease VO2 max in first weeks of detraining) **EDV increase with training. FRANK-STARLING MECHANISM: increase stretch of ventricle = increased SV Cardiac contractility- strength of contraction when fiber length, afterload, and HR are constant.Afterload- peripheral resistance against which the ventricle contracts in order to push portion of EDV into aorta. Decrease in resistance = increase max cardiac output, SO arterial BP is unchanged (MAP = Q x TPR) **endurance training lower resistance in working muscle to facilitate higher blood flow blood pressure falls when muscles capacity for blood flow exceeds hearts ability to provide it.. —to maintain BP some of muscle mass is vasoconstricted (other is vasodialated) tra ining decrease resistance of vascular bed to match increase in max cardiac output to maintain BP Arteriovenous O2 difference: increase in difference could be due to elevation of the arterial oxygen content, or decrease in the mixed venous oxygen content. -increase capacity of muscle to extract O2 after training probably because increase in capillary density (mitochondria too) accommodate more blood flow *training-induced increase in maximal SV due to increase in preload and a decrease in afterload.Preload increased because end diastolic ventricular volume and associated increase in plasma volume. Afterload decreased because decrease in arteriolar constriction in trained muscles increases maximal muscle blood flow but no change in mean arterial BP. in young, sedentary ppl, 50% of increase in VO2 is bc of increase in systemic a-VO2 dif (due to increase in capillary density). Decrease in VO2 max when you stop training because decrease in max SV and decrease in oxygen extraction. 277-28 0 net cost of walking is ? of net cost running use pace maker test for kids field test for CRF use walking, running, stepping. Can test many ppl at low cost. Hard to measure response for some, and motivation can be a variable. VO2 max estimates from all-out run tests are based on the linear relationship b/w running speed and oxygen cost of running.VO2 max estimated in endurance test is influences by CV function and % body fat. Canadian home fitness test: submaximal, uses lowest two 8-inch steps in a staircase. Evaluates cardiorespiratory fitness using post-exercise HR. 1 mile walk test: VO2 based on age, weight, sex, time, HR improved fitness: lower HR and/or time and higher VO2 max cardiorespiratory fitness measured using: treadmill, cycle ergometer, stepping bench measured by: palpation (carotid/radial artery), stethoscope (systolic- 1st korotkoff sound, diastolic- 4th sound), ECG ncreased metabolic demand on heart estimated by: double product= HR x systolic BP -double product is estimate of myocardia O2 demand arrhythmia- irregularity in normal electrical rhythm: atrial fibrillation, premature contractions conduction disturbances- depolarization is slowed/blocked (first-degree AV block or bundle branch block) myocardial ischemia- inadequate perfusion of the myocardiumflow limitation= O2 insufficiency (angina pectoris- symptom)(ST segment depression-sign upsloping, horizontal, downsloping—downsloping is worst) teady state:HR measured over 15-30 seconds post exercise HR: measured for 10 seconds within first 15 seconds of stopping exercise, then multiple the # by 6 HR and systolic BP increase with exercise intensity * Typical measurements obtained during a graded exercise test include heart rate, blood pressure, ECG, and rating of perceived exertion. * Specific signs (e. g. , fall in systolic pressure with an increase in work rate) and symptoms (e. g. , dizziness) are used to stop GXT. VO2 max: â€Å"gold standard† to measure CRF VO2 increases wi th increasing loads on a GXT until max capacity reached- VO2 estimated based on final work rate achieved in graded exercise test- can also be estimated from HR responses to submaximal exercise using age, also consider environmental factors.Estimation of VO2 max from last work rate: Poorly fit individuals take longer to achieve the steady state at moderate/heavy work rates may overestimate the VO2 max when using formula Estimation of VO2 max from submaximal HR response: HR plotted against work rate (or estimated VO2) until termination criterion of 70%- 85% of age-adjusted maximal HR reached (220-age). careful of environmental factors- dehydration, temp, emotions, medication * VO2 max Estimation of VO2 max from Last Work Rate Estimation of VO2 max from Submaximal HR Response CRITERIA FOR ACHIEVING VO2 MAX: * Leveling off of VO2 with higher work rate <150 ml†¢min–1 or <2. 1 ml†¢kg–1†¢min–1 * Post-exercise blood lactate >8 mmoles†¢L†“1 * R >1. 15 * HR within 10 beats†¢min–1 of age-predicted maximal HR * Usefulness has been questioned * Should not expect subjects to meet all criteria * Graded Exercise Test: Protocols Treadmill Cycle Ergometer Step Test * Graded Exercise Tests: MeasurementsHeart Rate Blood Pressure ECG Rating of Perceived Exertion Termination Criteria Treadmill- don’t have to adjust for body weight in calculation because subject is carrying their own weight ( so VO2 is proportional to weight). Health or cardiac risk inventory—PAR-Q (physical activity readiness questionnaire) – heart condition, pain in chest when doing physical activity, lose balance/dizziness/lose consciousness, bone/joint probs, drugs/meds for BP or heart condition * Estimating VO2 max * Based on extrapolating submaximal HR during incremental test * YMCA protocol

Argumentative Research Paper on Censorship Example | Topics and Well Written Essays - 1750 words

Argumentative on Censorship - Research Paper Example nts for and those against censorship citing various examples of countries where censorship has been applied and the resulting consequences of those censures. Censorship will be defined and its various forms identified and defined. Positive attributes will be examined on the backdrop of human welfare and society as well as the negative attributes. Upon evaluation, a conclusion will be reached as to the significance and overall effect of censorship. Censorship is the omission or suppression of material/ information deemed harmful, objectionable and inappropriate from the general public. The restricting party can be a government, a government institution or media outlet. These organizations judge whether material released or to be released is offensive directly or indirectly to any section of the public such as children, women, a specific ethnic community and workers. However, reasons for censorship can vary dependent on the censoring body and the target population. Censorship can be of several forms. They include moral censorship, military censorship, political censorship and political censorship. OReilly and Parker (2003) note that, â€Å"In moral censorship, material of obscene nature and questionable morally is removed, while in military censorship tactical and military intelligence and secrets are kept from the public to prevent the information from being available to the enemy and used against or to the detriment of the n ation† (p.2). Political censorship involves the withholding of information by governments and political leaders from their subjects/ citizens as a means primarily of exerting control and dominion over the population. In religious censorship, material deemed objectionable by a sect or its leaders is removed. Information may be from another sect or religion. Corporate censorship conducted and executed mostly by media executives who remove or prevent the publishing/ distribution of information that portrays their businesses or business partners in

Colgate-Palmolive Co (CL) Assignment Example | Topics and Well Written Essays - 750 words

Colgate-Palmolive Co (CL) - Assignment Example Some of the famous brands that the company owns include Colgate, Palmolive, Irish Spring, Ajax, Speed Stick, Suavitel, and Fabuloso. The financial statements of the company with a trend analysis for the last three years are illustrated below. The net margin of Colgate-Palmolive in 2012 was 14.47%. A net margin measures the profitability of a company. The debt ratio of the firm was 0.79. This metric measures the solvency of the company. The current ratio shows the ability of a company to pay off its short term debt. Colgate-Palmolive’s current ratio of 1.22 is acceptable due to the fact that is above one. The firm’s working capital was $820 million. Working capital measures the ability of a company of paying its short term debt solely using its current assets. The asset/sales ratio of the firm in 2012 was 81.91%. In 2012 the EPS of the company was $5.19. The return on assets and return on equity of Colgate-Palmolive in 2012 were 17.66% and 103.43% respectively. The table below shows a comparison of five financial ratios of Colgate-Palmolive versus the industry. The net margin of the company is much better than the industry standard which is a desirable outcome. The firm’s debt ratio shows that the company has a bit more debt than the industry standard. The liquidity position of the company as reflected by its current ratio is below the norm. The efficiency ratio of assets/sales reflects that the company is doing better than the industry. Information regarding the market value ratio of the industry was not readily

Long Term Investment Essay Example | Topics and Well Written Essays - 1250 words

Long Term Investment - Essay Example But for this expansion the selected company has to make some capital budgeting decisions. Merger is not an easy to do activity and involves incorporation of two big organizations. A company could decide for merge because of many reasons, like provide capacity utilization, to gain economies of scale, to gain access to new suppliers, distributors, customers, products etc. although merger is not always helpful to the society (Kaplan, 2006). Merger sometimes reduces competition and the most cited fact known by all is that consumers are always hard to attract in competitive environment (Saari, 2007). Mergers can often result in a great number of social benefits. They also can produce economies that can reduce cost, improve quality, and increase output. 1. Explain why government regulation is or is not needed, citing the major reasons for government involvement in a market economy. Provide support for your explanation. The Samsung Company is trying to expand and gain dominance, but there a re certain regulations that the company has to follow so as to ensure zero breach of law against the regulations settled by the government. The rules and regulations set by the government for merger policy are strict enough to ensure that the merger proves beneficial for the society. The regulations are set by the government on the basis that the merging companies eliminate the competition between them (Saari, 2007). Merger can be for the competitive reasons or for an attempt by the large firms to create enough activity and exercise higher power in the industry (Chatterji & Kuenzi, 2001). To determine the industry sensitivity government actually encourages mergers. The role of government in market economy is very important. The current economic situation did not come out thin air, rather, it is because of the growth of incorrect policies and most of the time because of lack of effective policies by the main entities that mainly empower manages of the economy. If the government fails to perform its functions than negative consequences might be expected. Major reasons for government involvement in a market economy: The following are some of the major reasons for government involvement in a market economy system. Provide economy with legal structure: This is one of the most important functions a government needs practice. In order to perform this function, the government needs to furnish economy with regulations, legislation and mean that ensure product quality. Maintaining competition: Government involvement is another important requirement in order to maintain competition. Government needs to fight monopoly power and non-competitive behavior. Thus anti-monopoly laws are designed to regulate business behavior and promote completion. Redistribution of income: The government needs to design relief programs for poor, handicapped and unemployed lot. This could be a good support for poor people and this program can help in transferring income from high income groups to these limited income people. Stipulation of public goods: When all the market fails to promote the basis and the needed goods the government fills in the space. Promoting growth and stability: The government should promote macroeconomic growth and stability through changes in fiscal and monetary policies. 2. Justify the rationale for the intervention of government in the market process in the U.S.

Occupational Therapy for Dementia Case Study Example | Topics and Well Written Essays - 1000 words

Occupational Therapy for Dementia - Case Study Example Over and above that, she has evidence of rheumatoid arthritis of both hands. She tripped and fell in the bathroom; this impairment of mobility may get accentuated with her rheumatic disease. She has been admitted to the hospital for observation and further evaluation. She has evident dementia. She has been admitted to the acute care, and an occupational therapy evaluation and management plan will be enacted from this history. The evaluation method used in occupational therapy for AD is based on observation and interview. The most important central theme is to observe clients' involvement in activities of daily living. This information must be corroborated with other information obtained from interviewing family members or caregivers. Literature indicates use of several performance based measures such as Assessment of Motor and Process Skills (AMPS), Cognitive Performance Test (CPT), Daily Activities Questionnaire, Disability Assessment for Dementia (DAD), Functional Performance Test (FPT), and Kitchen Task Assessment (KTA). These are important to assess the extent and

Career Managment Assignment Example | Topics and Well Written Essays - 1000 words

Career Managment - Assignment Example The starting salary for this position is  £16,000 per year. As the individual gains experience and skill, they can earn over  £100,000 per year. This position is similar to compliance in that the individual can do consultancy, they can also do a variety of other jobs. In this capacity, they use a wider array of business skills than the Compliance Analyst. This job is for people who like variety because they can do â€Å"business advisory, taxation, audit and assurance, corporate recovery and insolvency, corporate finance, forensic accounting and compliance†. The Investment Manager focuses on providing investment information to their clients. These investments could be anything from â€Å"equities, bonds, property, and cash†. The clients for this position well are large corporations with a lot of money to invest or individuals. Investment manager works closely with investment analysis that analyses the investments on a regular basis. The best way to talk about similarities and differences is through an understanding of their skills and experience that is needed. All three positions require people skills. The Management Consultancy and Investment Analysis also state that the candidate must be strong in numerical skills and numerical reasoning. The compliance position needs excellent report writing skills but the other two do not list this as necessary. All three positions require the ability to work with teams. The Management Consultancy and Investment Analyst also require a background in business. The entry-level qualifications are very similar. It is suggested that a graduate programme is necessary.

Divorce in the Pentateuch Essay Example | Topics and Well Written Essays - 2000 words

Divorce in the Pentateuch - Essay Example This essay will critically analyze what the Pentateuch has to say on the topic. According to the Creation story it would appear that divorce was not a part of God’s plan when he created man and woman. â€Å"This is why a man leaves his father and mother and clings to his wife, and the two of them become one body† (Genesis 2: 24). If marriage was meant for two persons to be as one body then divorce would be viewed as an illness since it was making the body less wholesome. ‘If a man, after marrying a woman and having relationships with her, comes to dislike her, and makes monstrous charges against her and defames her by saying, â€Å"I married this woman, but when I first had relations with her I did not find her a virgin,† (Deut 22:13 – 14). The woman is viewed as an object and is always the property of the man whether it is the husband or the father. The verse further explained that the father should try to prove her innocence. Although this passage gave instructions that if the girl is found to be innocent the man should not divorce her it shows the responsibility that the community has when it comes to marriage and divorce. In return the couple is supposed to bear witness to the community and they had to show proof before a divorce could take place. The man was supposed to write the woman a certificate of divorce and send her away from his house. According to Hall this certificate was â€Å"crucial to protect her status† (359). Furthermore it served as a way of announcing to society that the woman was eligible to remarry. The man according to this verse in Deuteronomy is bound by the law in keeping his wife. He cannot divorce her because she was found to be innocent. This shows that this was the only grounds he had. â€Å"Moreover, she shall remain his wife, and he may not divorce her as long as he lives.† On the other hand

Language and Culture Essay Example | Topics and Well Written Essays - 2500 words

Language and Culture - Essay Example Language can affect the  culture  of a society, especially when the  society  borrows, and then modifies  alien  words from other cultures to  fit  in their own. As such this changes the  culture  making it evolve with time. Language use within a text refers to the combination of various forms of the  linguistic  and  grammatical  technique used within the context with the aim of communicating a message to another party. Its uses can  be  in many different ways and purposes; it  is spoken, written, and referred, from visual representations. Language  is used  to  work, play, praise, insult, court and reduce among other reasons. Throughout the use of language,  various  techniques  are applied  to  simplify  its meanings also to  create  interest  and  humor  such as through the use of rhyme and repetition to create a  musical  effect. The use of  language  can be categorized into much broader uses categories which are the  evocative, the expressive, the performative, the evaluative and the informative. This is for  clear  communication of information and there the use of  various  linguistic techniques. ... For instance, throughout the website the  writer  uses terms such as â€Å"you are not alone† in the start of a  sentence  when describing the  occurrence, effects and handling of peer pressure. This is an already constructed  phrase, and it passes information relating with most people within the society; thus, effectively and  immediately  passing the information to the readers. It also reduces the necessity of  grammatical  correction and the  application  of  further  grammatical  techniques within this part of the text. Within the various passage texts in the website, there are  various  words used that are of other and similar linguistic  background.  These are words obtained from other languages, or are a combination of two or more different ancient  language  words that sum up to the meaning of the intended, in the English context.  Words used such as microscope derived from the Greek words "mikros" referring to  puny  and "skopein" referring to look or  see, the two combined in English forms the word microscope meaning an  instrument  used in the viewing and investigations of objects that minute, and cannot be seen by the naked eye. Semantics The  linguistic  statement  semantics developed from the Greek word semantic, and it refers to the study of meaning focusing on the relation between the use of signifiers such as phrases, words, signs and what they  denote  in the text, in linguistics. It tries to  denote  meaning through the understanding of  different  human expressions through language.  This includes the use puns and conations, among others, in an English language  context  to  magnify  the expressed  message  and to ensure the readers' undivided attention.  It also acts as a  way  of reducing monotony, thus,

Business Law Essay Example | Topics and Well Written Essays - 500 words - 24

Business Law - Essay Example If there are intensions to incorporate the business then one has to confirm with the state filing office whether the name has already been claimed or it’s in use. The companies can share a name if the other businesses offer different services and goods and also located in different regions (Minniti, 2008). The name of the business should be rich in words which reflect the business functions. In the social media the name of the business should be claimed early enough in the naming process. Registering the business name should involve the process which is known as DBA trade name or name. This process does not provide the protection of the company’s trademark but it allows the government to record that the business is done as a name other than a personal name (Minniti, 2008). As the company’s owners we should apply for trademark protection since the name is the most valuable asset in any business. The company should comply with the food laws regarding the manufacturing of ice cream in the U.S. The company is based on the FDA food code 2009: chapter 3 which states that all food should be unadulterated, safe and honestly presented (Curtis, 2013). The American law also states that milk products such as ice cream should comply with Grade A Standards, the law specifies that frozen milk products like ice cream should be obtained pasteurized and this is specified in 21 CFR 135- frozen desserts. The law as well states that the food packages should be in excellent condition in order to preserve the integrity of the product and ensure that the contents are not exposed potential contaminants and adulteration. The company will also comply with the consumer protection and food allergen labelling act of 2004 which stresses all the ingredients of the products to be stated clearly in normal names that are well known to customer to

Litigation and Alternatives Essay Example for Free

Litigation and Alternatives Essay America has come a long way since the American colonies settled from where humanity was to where humanity is now. We did not have the law system that we have now and issues were unresolved that turned into chaos. From law courts, chancery courts, to merchant courts, there are several categories of courts. Those that we separate are Federal and State Courts. Federal Courts take over foreign and interstate commerce that entail of U. S. District Courts, U. S. Court of Appeals, and U. S. Supreme Courts. State courts take over state legislatures that include State Supreme Courts, Appellate Courts, Trial Courts, and Lower Courts. Living in society today, we will have different views and different perceptions. We will either at one time come to face litigation or some type of ADR matter. With this being said, litigation, and alternatives will fall into place at least one point in ones life. This is part of what both parties, as mentioned in the video will face. A company called â€Å"Quick Takes† tried out a program to help build their business to grow. Incidentally, the program Non Linear Pro did not quite work out for Quick Takes. Thankfully Quick Takes had been under the impression that Non Linear Pro was a trial. Under any circumstances had Quick Takes been under the assumption that Non Pro Linear had been a permanent program that had been purchased. Soon to discover a bill of 5,000. 00 was sent to Quick Takes. Quick Takes immediately contacted Non Linear Pro and advised that the bill had been invalid. Both parties had a verbal agreement of trying out the product as a trial. Although there may had been a verbal agreement, Quick Takes unknowingly signed a contract thought to be a delivery slip signed by Janet Mason. Non Linear Pro stated that the lease had been signed and if Quick Takes did not cooperate, then Non Linear Pro would create a lawsuit. So to name some of the legal issues that the two parties could face are arbitration, meditation, litigation, cross complaint, and mini-trials. Arbitration is an arbitrator that helps settle disputes between the two parties by researching the information provided by both parties. The arbitrator is a member of the American Arbitration Association who makes the ultimate decision of the outcome between the two parties by helping the two come to an agreement. The two parties will use arbitration when there is no need for a further relationship. Mediation is primarily used when there may be a future relationship between the two parties. The two parties come to an agreement and make the ultimate decision. A neutral party helps both parties come to an agreement; however, it does not make the ultimate decision. Mediation is primarily used when they can or may continue to maintain a relationship. Litigation also known as a judicial dispute resolution takes place in courts. The courts ultimately will make the decision of the outcome between the parties. Mini-Trials are a compromise between mediation and arbitration. Lawyers represent both parties and a neutral party is involved to help settle by advising of strengths and weaknesses. If the two parties do not come to an agreement in a timely matter then the neutral party will make the decision. Cross-complaint occurs when the defendant sues the plaintiff due to other damages caused by the plaintiff. The legal issues presented in the video are dealing with litigation. The plaintiff served the defendant and the defendant needs to respond or a default judgment will be entered. In this case, arbitration wil be the best method. I do not see a future in either party’s relationship. Most individuals will choose arbitration and mediation over litigation because it is cheaper, no lawyers are involved, and there is a lack of publicity. Reach out to as many sources to prevent any type of legal action. Having many options, the ultimate decision will impact heavily on the outcome.

Analysis of Dell: Resource Based Views (RBV)

Analysis of Dell: Resource Based Views (RBV) Under RBV, focus is put on whether Dell can identify and configure its unique cluster of internal strategic resources and capabilities [Henry P.127]; [Collis and Montgomery, 1995, Stalk et al., 1992] to achieve a competitive advantage in its markets to maximize profits. According to Barney (1991), to generate competitive advantage, a resource must be valuable, rare, costly to imitate and non-substitutable that can enable the firm to obtain full benefits of the resources to realize a competitive advantage. In the computer market, we can basically identify Dells good customer service and support, production efficiency [Resource-based theory: creating and sustaining competitive advantage By Jay B. Barney, Delwyn N. Clark, P.135, Oxford University Press, 2007], competitive product price, partnership and cooperation with different business all contribute to its success. However, the most significant attribute that make it outperform its competitors is its organisational capability in operations and supply with its direct model, which can basically be divided into direct sales and direct supply. Direct sales Dell is a pioneer in the market to sell computers by going direct to customers, bypassing the resellers. For home customers and small businesses, it sells products directly through internet, telephone or e-mail; whereas for large corporate and institutions, it sells products directly by their sales team using one-to-one contract. Direct Supply Dell applies a build-to-order manufacturing system in which it orders only the components that its customers need, thereby maintaining low level of inventory [P.189 Ch13, Direct from Dell]. Dell has established close relationships with suppliers, which enable it to enjoy many of benefits of vertical integration like constant supply of raw materials and lower factor costs. By having suppliers hubs located near the manufacturing plants and an efficient supply chain with the use of i2 Supply Chain software, Dell can have any components it needs shipped to the plant directly and easily. [Mergers Acquisitions By J. Fred Weston, Samuel C. Weaver, 2001 P.56]; Dell: Building a World-Class Supply Chain Solution, http://cache-www.intel.com/cd/00/00/10/17/101709_i2dell.pdf]. This enables Dell to fully and efficiently serve various orders from different customers. With the help of Dells well-known logistic system, Dell can ship the finished product within 48 hours after a customer place the ord er. Core Competence of Dell Although strategists have distinguished resources from capabilities and have different definitions for core competences [Strategy P.252], the simplest idea is that resources and capabilities that meet the four criteria of Barney (1991) become a source of core competencies. [Strategic Management Competitiveness and Globalization, 2006 Nelson] Core competence is formally defined as the set of firm-specific skills and cognitive processes that give rise to the [med- to long-term] competitive advantage. [McGee and Segal-Horn (1997) also cited in Strategy analysis and practice]. Is Dells capability in operations and supply with its direct model (CDM) a core competence to it? According to Prahalad and Gary Hamel (1990), to be a core competence, at least, the attribute has to: (1) provide potential access to a wide variety of markets; (2) make a significant contribution to the perceived consumer benefits of the end product; (3) be difficult for competitors to imitate. Firstly, CDM changes the traditional way of selling through resellers. It attracts a large group of customers that would have bought standard product and then separately do the customization to buy products from Dell straightaway. This is especially important to business customers who need specialized configuration and software. Moreover, CDM does not only apply to PC but also other product like server and laptop and other products. Therefore, CDM facilitates Dell to enter different markets in which customers requires customization. Secondly, CDM does bring a lot of perceived consumer benefits. Enjoying customized products is probably the best one. Besides, the build-to-order manufacturing system enables it to virtually eliminate excess cost tied into buying too many components and speed up its configuring and delivering process. [Direct from Dell] Moreover, compared with other competitors (e.g. Gateway) that continuously deliver massive stocks into warehouse, Dell can cut the cost by (1) getting rid of middleman and distributors; (2) preventing frequent adjustment of inventory level and sales staff; (3) reducing inventory costs and related overheads; and (4) preventing problems raised by unsold, obsolete products. Customers are thus benefited by getting lower product price and enjoying the latest available technologies from their new product this is supported by the much higher turnover rate in Dell than its competitors (107times compared with HPs 8.5 times in 2004).   Thirdly, it is hard for other competitors to imitate Dells CDM because they cannot replicate Dells resource combination due to the existence of social complexity and causal ambiguity [Henry P.140] Moreover, if they go direct, they may undercut their retailers and then violate the distribution channel contracts they have signed. [P.7 How Dell Does it] Furthermore, by using CDM, Dell has maintained a database of customers purchasing pattern for further targeting. By now, Dell is able to forecast customers demand with 75% accuracy to address them far better than its rivals. Implication As this distinctive CDM that developed internally and are enhanced as it is applied [Parahalad and Hamel, 1990] gives Dell a sustainable competitive advantage in mid to long term over its competitors, it is a core competence to Dell. In this dynamic computer market where the business environment changes frequently, it is more likely that internal resources and capabilities can provide a secure foundation for Dells long-term strategy. Using RBV, CDM can be identified as one of the most important key resources factors as it is a unique and difficult-to-emulate configuration of skilled practices and that lies at the root of the competitiveness of a firm. [St Andrews][Harvard], and it should be exploited by appropriating in the long term. However, in the short term, Dells CDM may somehow hinder its recovery as the worlds largest PC manufacturer. This is because if the demand for PC in corporate market (which accounts for 80% of Dells revenue) increases in a very short period of time due to the economic recovery, component costs may be driven up, giving Dell a disadvantage in comparison with other PC producers that may have large stock on hand. [http://www.ecommercetimes.com/story/18779.html] Therefore, Dell should relatively procure more components or make an agreement with its suppliers to reduce such effect. References Ed. Law, J. (2009). resource-based view. A Dictionary of Business and Management, Oxford Reference online, Oxford University Press, viewed 29 December 2009. [online] Mahoney, J.T. and Pandian, J. R. (1992). The Resource-Based View Within the Conversation of Strategic Management. Strategic Management Journal, 13(5), 363-380 Fahy, J. and Smithee, A. (1999). Strategic Marketing and the Resource Based View of the Firm. Academy of Marketing Science Review. 1999 Barney, J. (1991). Firm resources and sustained competitive advantage. Journal of Management. 17(1). 99-120. Prahalad, C.K. and Hamel, G. (1990). The core competence of the organization. Harvard Business Review, 68(3). 79-91 Henry, A. (2008). The Internal Environment: A Resource-Based View of Strategy. In Understanding Strategic Management, pp. 125-148, Oxford University Press, New York. Holzner, S. (2006). How Dell Does It Using Speed and Innovation to Achieve Extradinary Results, pp. 1-30, McGraw-Hill, Acworth Berry, M.M.J. and Taggart, J.H. (1994). Managing technology and innovation: a review, RD Management, 24(4), p.341-53 Brooks I. (2000). Business Environment. In: Brooks I., Weatherston J. eds. The Business Environment: challenges and changes. 2nd Edition. Harlow : Financial Times/Prentice Hall, Ch.1, p.13 Monck, C.S.P., Porter, R.B., Quintas, P. and Storey, D.J. with Wynarczyk. P. (1988). Science Parks and the Growth of High Technology Firms, London: Routledge. Morrison M. PEST/PESTLE Analysis Tool and Template-The Environment Scan. [Online]. (http://www.rapidbi.com/created/the-PESTLE-analysis-tool.html). (Accessed 28th Oct 2008) http://www.library.uq.edu.au/training/citation/agps_6.pdf http://www.oup.com/uk/orc/bin/9780199288304/henry_ch05.pdf http://books.google.co.uk/books?id=dkLtQyAe45gCprintsec=frontcover#v=onepageq=f=false http://www.s-as-p.org/files_papers/Robert%20Chia.pdf (st Andrews) http://pdfserve.informaworld.com/788157_751308121_739446696.pdf (untitled in mms) http://www.ecommercetimes.com/story/18779.html http://www.icmrindia.org/casestudies/catalogue/operations/Dell%20Supply%20Chain%20Management-Operations%20Case%20Study.htm http://www.amsreview.org/articles/fahy10-1999.pdf http://www.gaebler.com/Dell-Direct-Model-to-Success.htmareerbuilder.com/ http://onwinning.blogspot.com/2007/11/resource-based-view-and-core.html

The battle of Uhud

The battle of Uhud The Battle Of Uhud In The Name Of ALLAH The Beneficent The Merciful In this essay I will be looking at the underlying factors which led to the Battle of Uhud, the main events which occurred, including my own analysis as well as looking at the result of the battle. The Battle of Uhud was a follow up to the Battle of Badr, the opening clash between the Muslims and the pagans of Makkah. The Makkans had suffered a surprise loss against the Muslims with many noblemen being killed. After this defeat there was outrage in Makkah. There was a lot of pressure on Abu Sufyan now that he was leader of Quraish. Abu Sufyan had avoided showing up at Badr, choosing instead to save the caravan[1]. He was even under pressure in his own home from his wife, Hind, who had lost her father, uncle, brother and son[2] at Badr. Her relatives were killed by a combination of Hamzah and Ali[3] so she had an insatiable thirst for revenge especially against Hamzah as described later. To Abu Sufyans credit, he showed a great desire for revenge himself, pledging the entire proceeds from the caravan in order to raise funds for another battle against the Muslims. He managed to assemble an army of 3000 with 700 armoured with 3000 camels and 200 horses. The army marched towards Madinah arriving there on 6th Shawwal 3 AH[4][5]. The Prophet (SAW)[6] was already aware of the threat having received an urgent letter[7] from Makkah[8]. The Prophet (SAW) held a council of war the following morning. It was decided that the Muslims would go out and meet the enemy. The Muslim army consisted of 1000 men with only 100 armoured and no cavalry. The army reached a place called Ash-Shaikhan where they camped for the night. The following morning, the Muslims had moved to within sight of the enemy. The hypocrites decided to return to Madinah led by Abdullah Bin Ubayy. 300 men withdrew and left the Muslims with 700. It is obvious the hypocrites did not wish to fight so this looks to be a carefully devised plan by Abdullah and his followers in order to weaken the Muslims both in physical strength as well as their morale. The moment of withdrawal was deliberately chosen so close to the start of the battle and within sight of the enemy so that they could see this occurrence and therefore receive fresh encouragement[9]. The Prophet (SAW) moved his army again and positioned them so that the enemy was between them and Madinah. This shows the incredible military leadership of the Prophet (SAW), having arrived at the battlefield after the enemy he took up a better position which would restrict the numerical advantage of the Makkans as well as being protected on all sides apart from one which would lead the pagans to expose the Muslim rear[10]. To deal with this he placed 50 archers under the command of Abdullah Bin Jabir on a mountain with explicit instructions not to vacate the position no matter whether the Muslims were winning or losing. The battle began with the most ferocious fighting centring on the Bani Abdu-Dar who were charged by the Qurarish to be the standard bearers. Bani Abdu-Dar fought courageously with each family member picking up the standard after the previous one was slaughtered and until all 10 members of the family are dead[11]. Then their huge Abyssinian slave takes the standard and continues to fight until he too is slain[12]. After this there was no one left to carry the standard. Hamzah, one of the heroes of Badr was again fighting bravely. It has already been mentioned that Hind wanted revenge so she hired an Abyssinian slave called Wahshi, who was an expert in the use of a javelin, to assassinate Hamzah in return for his freedom. Hamzah had just killed his third opponent, when Wahshi, who until that point had been hiding behind trees and rocks trying to get within range of his target, took aim and struck Hamzah straight through the stomach. Wahshi then waited for Hamzah to die before removing the javelin and then returned to the Quraish camp. However Hind was still not satisfied and after the battle she mutilated his body including cutting open his stomach and taking a bite out of his liver[13]. Despite the great loss of the uncle of the Prophet (SAW), the Muslims pushed forward and seized the advantage, the bulk of the Quraish army turning and fleeing with the Muslims in hot pursuit. The Muslims managed to raid the Quraish camp and started plundering the booty. This should have been the end of the battle and another clear cut victory for the Muslims. Unfortunately, this is where the biggest controversy of the Battle of Uhud occurs. The archers, who until now had managed to hold off the advance of the pagan cavalry, decided to join the plunder and disobey the direct command of the Prophet (SAW) as mentioned earlier. Abdullah Bin Jabir, repeatedly called his men to return to their posts but his cries fell on deaf ears as the archers continued towards the Quraish camp intent on a share of the spoils. Khalid Bin Waleed had managed to keep his men under control amidst the chaos surrounding them. Khalid was keeping an eye on the developments taking place amongst the archers and was looking to exploit just such an opportunity that had presented itself. It was at this moment Khalid made his move and pulled off a masterstroke. The remaining archers were very valiant and determined to follow the Prophet (SAW)s instructions down to the last letter. All of them became shaheed[14] whilst defending the position given to them by the Prophet (SAW). Khalid had attempted to pull of this manoeuvre a few times earlier but was prevented by the archers but had finally succeeded in doing so due to the archers abandonment of their occupied position. This signalled a reversal in fortunes for the Muslims. The bulk of Quraish who had previously being fleeing, seeing the sudden developments, returned to battle. The Muslims were trapped and under attack on two fronts which led to mass confusion and panic even resulting in Muslim killing Muslim albeit accidently[15]. The Prophet (SAW) was left in an exposed and vulnerable position with only a small group of Sahabah[16] with him and the remainder of the army too far for him to control[17]. The Prophet (SAW) was a courageous man and tried to rectify the situation by putting his own life on the line. He called the Muslims towards him although the idolaters recognised his voice and were closer to him therefore reached him first[18]. The battle now centred on the Prophet (SAW) and this has to be the most difficult trying and testing moment of his life surpassing the day of Taif[19]. More pagans left the main battle and charged towards the Prophet (SAW). This small group of Sahabah performed many heroics in order to defend their leader who they loved more than their own lives. They were under severe pressure but they fought ferociously. Many of them became shaheed. The Prophet (SAW) was pelted by stones and received injuries including broken lower font teeth. After this there was a lull in the fighting, while the Makkans were regrouping, Abu Ubaidah used his teeth to remove the rings stuck in the Prophet (SAW)s cheek breaking his own teeth in the process[20]. Ubayy Bin Khalf rode towards the Prophet (SAW) on horseback. The Prophet (SAW) told the Sahabah to allow him to approach. This man had a personal dual to settle with the Prophet (SAW). The Sahabah moved out the way, the Prophet (SAW) picked up a spear and launched it at him. It hit Ubayy between his collarbone and neck and he fell of his horse and ran back to the Quraish camp[21]. The fighting resumed once again with greater intensity and purpose. The Prophet (SAW) had a human shield[22] protecting him from arrows[23]. Ibn Qamiah managed to strike him with his sword on the shoulder resulting in the Prophet (SAW) falling behind in to a ditch dug as a trap by the enemy. Ibn Qamiah then raced back to declare the death of the Prophet (SAW). The rumour spread quickly. The main army of Muslims were heartbroken. Some fled to the mountains, some toward the desert, some toward Madinah while the rest only wanted to fight till the end. The Quraish then commit the same mistake as the Muslims, thinking they had completed their objective they started plundering after the booty. The Quraishi women then began mutilating the bodies of the deceased. By now the majority of the Muslim army had dispersed. The Prophet (SAW) began to make a planned withdrawal with the remaining Sahabah who were mostly injured, some more severe than others, were joined by another group of Muslims as they retreated to Mount Uhud. Khalid had spotted this withdrawal and raced after them with some of his men but was unable to catch them before they reached Uhud. Khalid realised the situation was not in his favour as he was on horseback on mountainous terrain. Khalid then informed Abu Sufyan who was looking for the body of the Prophet (SAW) that he was up in the mountain. Abu Sufyan approached hoping that the rumour was still true, thereby had an interesting conversation with Omar[24]. The Muslims started gathering at where the Prophet (SAW) was resting. The Muslim women[25] were tending to the injured. Once the enemy had vacated the battlefield the Muslims went to inspect the dead and wounded. The Janaazah[26] was performed. The Muslims returned to Madinah[27]. The Muslims had lost 70 men whilst the idolaters had lost 22. The pagans spent the night celebrating. Meanwhile, in Madinah, the Muslims were counting their scars but on the orders of the Prophet (SAW) they went after the Quraish the following morning. Abu Sufyan was satisfied with the result and felt Badr had been avenged by Uhud. Even Hind was pleased. Khalid was one of those who wished to finish the Muslims while they were weakened and destroy Islam once and for all. He believed they had achieved nothing which was indeed correct because the Prophet (SAW) and the most prominent Sahabah were still alive and the Islamic State was still intact. Abu Sufyan feared the 300 who had withdrawn would return in the event of another battle although the Prophet (SAW) only asked those who had participated the previous day to return. On hearing the news of the approaching Muslim army, the panic stricken Quraish fled. My opinion is that the result of the battle is a win for the Muslims albeit not as clear cut as the Battle of Badr. In boxing terms, it was a split decision to the Muslims. Although in terms of casualties it is agreed the Muslims suffered the heavier losses but this is a superficial way of looking at the result of the battle. The best way to judge the battle is to look at the aims and objectives of both sides. Bringing such a large army and having spent such a large amount of money, my opinion is the Quraish undoubtedly wished to kill the Prophet (SAW), wipe out Islam completely and destroy the Islamic State at Madinah. None of these were achieved. Before Abu Sufyan left the battlefield he knew the Prophet (SAW) was alive, he chose not pursue the Muslims up the mountain and chose not to raid Madinah. It must not be forgotten that Quraish army was 3 times larger than the Muslims[28] and yet they only managed to kill 70 Muslims and having had the advantage they did not seize it. It loo ked to be a comfortable victory for the Muslims. The turning point was certainly the disobedience of the archers and the great manoeuvre of Khalid. A victorious army would not have fled the following morning. There are many lessons to be learned from Uhud such as do not disobey the Prophet (SAW). The Quran contains over 60 verses regarding Uhud[29] I would like to end with one such verse: Allah verily made good His promise to you when you routed them by His permission, until (the moment) when your courage failed you, and you disagreed about the order and you disobeyed, after He had shown you that for which you long. Some of you desired the world, and some of you desired the Hereafter. Therefore He made you flee from them, that He might try you. Yet now He has forgiven you. Allah is a Lord of Kindness to believers.[30] Bibliography Akkad, M. (Director) (1976) The Message [Film] Libya: Filmco International Productions Akram, A.I. (2007) Khalid Bin Waleed Sword Of ALLAH Birmingham: Maktabah Mubarakpuri, S.R. (2002) The Sealed Nectar London: Darussalam Subhani, J. (2000) The Message Qum: Ansaryian Publications Watt, W.M. (1961) Muhammad Prophet Statesman Oxford: Oxford University Press [1] This caravan contained the property and wealth of the emigrants who sacrificed everything to go to Madinah. The caravan had safely made it to Syria and was on the return journey to Makkah. [2] Also Abu Sufyans son [3] Khalid Bin Waleed P:18 [4] Late March 625 [5] The Sealed Nectar P:294 [6] Sallallahu Alayhi Wasallam = May the peace and blessings of ALLAH be upon him [7] From his uncle Abbas who was a Muslim yet to declare his faith and still living in Makkah. [8] The Sealed Nectar P:293 [9] The Sealed Nectar P:298 [10] Khalid Bin Waleed P:23 [11] The Sealed Nectar P:306 [12] The Sealed Nectar P:307 [13] Khalid Bin Waleed P:39 [14] Martyrs [15] Khalid Bin Waleed P:30 [16] Companions [17] Khalid Bin Waleed P:32 [18] The Sealed Nectar P:313 [19] When the Prophet (SAW) went to Taif to preach Islam but was ridiculed by the chiefs and stoned by the towns children. [20] The Sealed Nectar P:321 [21] When he came to Madinah to ransom his son after Badr, he said he would kill the Prophet (SAW) but the Prophet (SAW) promised to kill him instead. Indeed the prophecy came true. It is reported the wound was only superficial however he was adamant he would die causing hysteria among the pagans. He died after the battle on the way back to Makkah. [22] Abu Dujanah [23] Khalid Bin Waleed P:33 [24] AS: Is Mohammed among you? Is Abu Bakr among you? Is Omar among you? (no response)AS: These 3 are dead. They will trouble us no more O: You lie O enemy of ALLAH! Those 3 are still alive and there are enough of us left to punish you severely! AS: May ALLAH protect you O son of Khattab! Is Mohammed really alive? O: By my Lord Yes! Even now he hears what you say AS: You are more truthful than Ibn Qamiah AS: Glory to Hubal! O[now repeating the words of the Prophet (SAW)]: Glory Be To ALLAH! AS: We have Uzza. You have no Uzza O: ALLAH is our Lord. You have no Lord AS: This is our day for your day of Badr. It is equal O: they are not equal. Our dead are in Paradise while your dead are in the fire! AS: we shall meet again at Badr next year. O: You have our pledge. It is an appointment. AS: You will find among your dead some who have been mutilated. I neither ordered this nor approved of it. Do not blame for this. [25] Including the Prophet (SAW)s daughter Fatimah and his wife Aisha [26] Funeral Prayer [27] The Sealed Nectar P:334 [28] 4x after withdrawal of hypocrites [29] Mainly in Surah Ali Imran [30] 3:152

Herbert Croly :: Biographies Herbert Croly Journalism Essays

Herbert Croly At the turn of the 20th century, Herbert Croly – as far as the accelerating world was concerned – was a man without a name. Painfully shy and without many friends, he was admitted to Harvard in 1886 as one of 96 "special students" who would not be eligible for a degree. Perhaps the world should have realized he would one day be reckoned with when was given the former room of newspaperman William Randolph Hearst, who was expelled from Harvard a year before Croly entered its halls. But Croly remained aloof through his long stay at Harvard, which had more promising sons to look after. However, when in 1909 Croly published his first and most remembered book, The Promise of American Life, he was instantly recognized as a great political thinker. Eager to recognize him as one of its own, Harvard gave him his bachelor’s degree soon after the jubilant reviews were printed. Croly was born on Jan 23, 1869 and journalism was in his household, if not in his blood. His father, David Goodman Croly, immigrated to the United States from Ireland as a young boy and married Jane Cunningham, who journeyed to the states from England at age 12. Herbert Croly’s mother wrote for several newspapers under the name Jennie June and was an adamant feminist. Similarly, his father worked for several New York City newspapers and was a devout follower of the French philosopher Auguste Comte, a founder of sociology and positivism. In order to achieve progress, Comte created a Religion of Humanity that emphasized altruism and the destruction of organized religion. Comte’s teachings changed the way Herbert Croly looked at and envisioned life, but he did not devote himself to the Religion of Humanity. However, Croly’s belief that bureaucrats are good people who should be given enough power to improve the lives of their fellow citizens goes along with Comteâ₠¬â„¢s teachings. Croly admitted the dead Auguste Comte influenced how he envisioned living political systems. He wrote, "From my earliest years, it was his endeavor to teach me to understand and believe in the religion of Auguste Comte. Under such instruction it was not strange that in time I dropped instinctively into his mode of thinking."1 Still, there is no doubt that Croly’s positivism faded once he entered Harvard in 1886. He attended the school off-and-on, initially intending to become a philosophy teacher and taking classes with several notable professors, including William James, Josiah Royce and George Santayana.

Chicanoism Today :: essays research papers

Chicanoism Today   Ã‚  Ã‚  Ã‚  Ã‚  For a more symbolic meaning of the word Chicano/a, to many of us it is the mixture of both American and Mexican culture. It had become a political term for those who wanted to find a more specific word to identify themselves with than Hispanic, a word to classify all who spoke Spanish in America from Latin America. In the 60s the word Chicano/a grew strong with many political Mexican-American’s and used it as a source of pride. Today, the older generation of Chicano/as’, some but many, see young Chicano/as’ as those who live in the past or use the pasts’ struggle to reflect on their own lives and go no where to empower their society. For the most part I disagree, I understand and I am grateful for what the older Chicano/as’ have done historical for us newer generations of Chicano/as’ but I resent that I’m labeled as a â€Å"wannabe†. In the definition of what it is to be the newer race of Chicano/as’ I will have to interpret it from what the past has led us to be now.   Ã‚  Ã‚  Ã‚  Ã‚  In many historical moments of the 60s, you could find many racial groups emerging for their rights to liberation from oppression. The Chicano/a movement was certainly one you couldn’t miss in the books. Organizations like the United Farm Workers or the Brown Berets, as well as protests and rallies such as, pro-Affirmative Action, helped in glorifying the meaning of Chicano/a power. It made many Mexican-Americans proud and not alone in a country that didn’t want them there. Yet with such an upraising in praise and pride for this new identity, the movement declined gradually throughout decades to come. Not much political activism had gone on but the word Chicano/a carried on but not in the sense that the Chicano/as of the 60s intended it to be. It would become an identity to those born in America of Mexican parents.   Ã‚  Ã‚  Ã‚  Ã‚  By this time around, now in the 90s, I could have the choice on any application to indicate, optionally, what ethnicity I am. It was either Latino/other, or Mexican/Mexican-American/Chicano. With my parents consent of what I was, I’d proudly pick the box that had Chicano beside it. I grew up proud being Chicana because my dad always had pride in what he was, Mexican. Now, as I write/say this, it isn’t pride so much but honor. I honor being Chicana for what the past Chicano/as’ have done to be recognized but now, I honor what the newer Chicano/as’ will do for themselves and society.

Legal Aspects of Criminal Justice

A criminal must be dealt with by law, he must reap what he sow.  Ã‚   However, before he is put into prison, he is guaranteed protection by the Constitution through due process of law.   According to our constitution, all men are innocent unless proven guilty beyond reasonable doubt before a court of law.   Before an accused is incarcerated, he must undergo several stages at different venues.   It may start from the lowest state courts and end up in the highest federal court of the land.   Each and every court that his case shall pass through has its own role and function in his prosecution or protection.For a better understanding of how the United States judicial structure works, let us envision a crime such as manslaughter committed in the state of Georgia.   I made reference to Georgia because this state’s judicial structure is typical of most of the other states’ judicial structure (Rawlings).Let us take for example Billy who allegedly killed Sam.   Be fore he is convicted of this crime, he must undergo a series of procedures guaranteed by the constitution to provide him with all the opportunity to defend his side. The first of the series is the initiation of the prosecution.   In this stage, there are three ways in which Billy’s prosecution may be initiated (CrimeVictimLaw), the first is when the police responds to a call that a crime is happening or has happened and upon arriving at the scene makes their own investigation.Another mode is when the victim reports to the prosecutor’s office directly which prompts the prosecutor’s office to make their own investigation.   In such instance, the prosecutor’s office may either ask the police to seek criminal charges or conduct a grand jury investigation (CrimeVictimLaw).   The grand jury, composed of 23 randomly-selected people, is going to hear the witnesses without a judge’s presence and examine the evidence gathered to decide on whether or no t there is reason to believe that Billy actually committed the crime imputed on him (CrimeVictimLaw).If in this stage the investigation shows that Billy maybe guilty of killing Sam, the prosecution shall now file formal charges against Billy, otherwise Billy will be set free.   When the prosecution files its formal charges, it must identify the crime committed, in this case it may either be unlawful and dangerous manslaughter or involuntary manslaughter.   The prosecution must also show that all the elements of said crime were present. The elements of involuntary manslaughter are: (1) an unintentional killing; (2) proximately caused by either (a) an unlawful act not amounting to a felony and not ordinarily dangerous to human life, or (b) culpable negligence (North Carolina v. Hudson), whereas, the elements of unlawful or dangerous manslaughter are that (i) the defendant ‘s act must cause the death, (ii) the defendant ‘s act must be unlawful, (iii) the defendant †˜s act must be dangerous (Crimnet).The next stage of prosecution is the arraignment and bail.   In the arraignment stage, the   judge will formally inform Billy of the charges against him and give him an opportunity to enter a plea to the charge (jennifer).   Billy, t during this stage is assigned a lawyer if he has not acquired the services of a private practitioner.   Also in this stage, he can make bail.   Bail is a fixed amount of money which sole purpose is to guarantee that the defendant shall appear before the court in all scheduled hearings.   Some states release the accused on recognizance, which means that he can be released with the promise that he will return to court without posting bail.After arraignment comes the discovery and motions stage.   At this stage, the parties for both the prosecution and the defense are required to exchange information relevant to the case.   The prosecution â€Å"must disclose to the defense attorney statements of witness es, police reports, scientific tests and any evidence that may support the defendant’s claim† (CrimeVictimLaw) that he either did not commit the crime imputed or that he has a valid and lawful reason, which in the eyes of the law is a justifying circumstance, for committing the crime.   Also in this stage, motions are filed by either party in instances where either party does not agree with the evidence presented or when the evidence presented is not admissible in court, i.e. evidence from unlawful searches and seizures.   The motions filed are brought before the judge and he is the one who makes the decision on the issues presented.The next phase is the disposition stage.   At this stage, the case may end in two ways, Billy may enter a guilty plea or the case may be dismissed.   However, if Billy does not enter a guilty plea, he will go to trial in which case he is given the option of a â€Å"bench trial† or a â€Å"jury trial† (CrimeVictimLaw).   The former is decided by the judge sitting in his court while the latter is decided by a jury composed of twelve randomly selected individuals.   After the trial, the next stage is the sentencing of the accused, he may be merited with imprisonment, a suspended sentence, a split sentence or he may be released on probation.In all the stages mentioned, the court that has jurisdiction is dependent on several factors.   Either he will be tried in the state court or the federal courts.   Only in cases where (1) the defendant is a resident of a different state and the case involves a significant amount of money; or (2) the case involves a question of federal law; or (3) the United States is a party to the case (Rawlings) may the federal courts be resorted to.   Thus, in the normal flow of things Billy shall be tried in the state courts only.   The state court that has general jurisdiction – handles all civil case, felony crimes, cases involving title to land, divorces a nd equitable actions – is the Superior Court (Rawlings).If Billy finds that there was an error in law or procedure that affected his conviction, he may file an appeal with the Georgia Court of Appeals.   The Court of Appeals is composed of 11 judges in divisions of 3.   In cases where the three judges are not in agreement, then the case shall be raised to the court en banc, or as a whole and the decision shall be based on a majority vote (Rawlings).   If in case the Georgia Court of Appeals rules against Billy, he may make an appeal to the Georgia Supreme Court.   An appeal to the Georgia Supreme Court is not a right, it is on the discretion of the Supreme Court to entertain an appeal before it. Only in cases where the Court of Appeals made a manifest error of law shall the Supreme Court give an appeal due course, wherein the nine justices of the Supreme Court shall deicide by majority vote (Rawlings).   If the Supreme Court does not entertain Billy’s appeal, the ruling of the Court of Appeals shall become final and Billy must perform what the decision orders.The structure of the federal courts are the same with state courts – decisions maybe appealed to the Federal Court of Appeals and then to the highest court of the land, the United States Supreme Court –   difference lies only on the cases that they entertain.   As with district courts, appeal to the Federal Court of Appeals is a right whereas Appeal to the United States Supreme Court is discretionary, meaning that it can pick and choose cases and hear only the non-frivolous appeals that present truly novel issues† (Wikipedia).In all the stages of appeal whether in the state courts or federal courts, it must be made clear that what can be appealed is a ruling of conviction, if in any stage of the trial a court decides that Billy is not guilty beyond reasonable doubt, he will be released and he shall be immune from another case based on the same grounds and ar ising from the same act.In conclusion, the United States Criminal Justice System is unique, our country has developed a way in which all states regardless of independence from one another is still bound by a greater court.   Our justice system also came up with several stages and multiple appeals as granted by the Constitution to a defendant to guarantee that every man has his day in court and that he can aptly defend himself.   It provides that due process shall be given to each and everyone regardless of crime and race.ReferencesCrimeVictimLaw. Stages of Prosecution. Retrieved December 8, 2008, from http://www.crimevictimlaw.com/criminal/stages.htmlCrimnet. Manslaughter. Retrieved January 8, 2008, from http://law.anu.edu.au/criminet/tmans.htmlNorth Carolina v. Hudson. Retrieved January 8, 2008, from http://www.aoc.state.nc.us/www/public/sc/opinions/1997/356-96-1.htmStages of Prosecution. Retrieved January 8, 2008, from Law Offices of Jennifer Monroe: http://www.exclusivelycrim inaldefense.com/StagesOfProsecution.htmlRawlings, Tom C. A Brief Introduction to the Judicial Structure of the United States. Retrieved January 8, 2008, fromwww.tomrawlings.com/judicial%20structure.docWikipedia. United States Federal Courts. Retrieved December 8, 2008, from http://en.wikipedia.org/wiki/United_States_federal_courts

Negotiation-Real World Reflection

â€Å"Real world† negotiation reflection Introduction As the senior manager, I finish the annual performance evaluation of my team members in January. After finishing evaluation I will hold interviews with them, talk about their efforts and the plans for this year. Lilly is one of my team members with a better knowledge of the logistics industry. Based on her performance in 2012, her annual performance is rated B+ and she can get 8% increase in year-end bonuses. In addition, I plan to promote her as a team leader responsible for the logistics software products promotion in the northern market.Since our company’s business development in 2013 will increase the input in the northern market, I expect the annual sales income in 2013 will increase by 30% under the expected market goals achieved; as a team leader, Lilly’s personal annual income will increase by 15% -20%, depends on the sales commission. But because of some family reasons, she may not be willing to trave l for a long time. Before the interview, I heard another message: Lilly was dissatisfied for her personal income being less than another team member, Han, who joined the team in the beginning of 2012.In addition, Lilly has been worked as a consultant for almost 5 years and she feels a little boring on this work. Due to marketing sales job vacancies in our company, she wants to try the position as a sales manager, in order to get a new working experience and get more time to take care of her family. Preparation Planning Document What issues are most important to you? 1. Retain Lilly as my team member. 2. Promote her as the team leader responsible for the northern market. | What issues are most important to your counterpart? 1. Dissatisfaction with her personal income. 2.Can the company provide the new challenges on the consultant job? 3. Cannot travel a lot due to family reasons. | What is your BATNA? 1. Retain Lilly as my team member without promotion since she won’t be willi ng to travel a lot. Continue working as the consultant with expected 5-8% annual income increase. The annual income will be less than now if she shifts to the sales position. 2. Change the bonus distribution, increasing the commission from 2% to 2. 5%, after promoting her as the team leader. 3. If she needs long-term business, over 1 month, she can go home once a weekend every two weeks or get extra 2 days’ vacation.Reservation Value? 1. Increase the commission from 2% to 3%, after promoting her as the team leader. 2. Increase annual vacation time from 10 days to 20 days. Target? Promote her as the team leader responsible for the northern market. | What is your counterpart’s BATNA? 1. Shift to the sales position which may provide challenge work. 2. Keep the consultant position, ask for a better salary. 3. Accept the promotion and get a much higher annual income. Reservation Value? 1. Make her annual income increasing 10% or more. 2. Try something new. 3. Stay in the ci ty and take care of her family.Target? To find a new work with both satisfaction payment and more time to take care of her family. | What are your sources of power? Right to promotion. Provide the new challenges on the consultant job. Provide appropriate holiday adjustment. Right to bonus distribution. | What are your counterpart’s sources of power? Shift to the sales position. Ask for a higher salary or business allowance. Ask for more vacation time. | What is your opening move / first strategy? Talk about her annual performance, and tell her the coming promotion. Compare the annual income before and after promotion.Attract her by the challenge as a team leader. | Other important or unique information / considerations:How long is the travel time she can accept? Her family situation;Is there anything I can do for her or give her some suggestions? | Negotiation Since we now live in different cities, I decided to use the video call interview. Different with telephone conversati on, video call can help me to adjust my negotiating strategy by observing the changes in her face. I started with telling her the purpose for this conversation. Talked about the things the company measures for her position; her contribution to revenue or costs.Based on her performance in 2012, her annual performance is rated B+ and she can get 8% increase in her year-end bonuses. Then, I went to the promotion issue. I analyzed the marketing strategy of our company; the northern market should be one of the most important markets in 2013. Therefore, I need to promote a team leader who can manage the consultant team for northern market. Based on her excellent consultant skill and knowledge of the logistics industry, she is the best man for this position. Lilly showed her satisfaction with the result of annual performance evaluation and was pleased with the chance to be a team leader.But she said she wanted to change to sales department in order to have more time to take care of her fam ily. Since I know that it could not easy to get more time if being a sales manager, I didn’t consider it as the real reason for her shift. Through conversation, I learned that the real reason was her personal annual income was less than Han, which made her feel uncomfortable. I thought I should focus on the income first. Firstly, shifting to sales department was not a good choice since the income will decrease. Continue working as the consultant with expected 5-8% annual income increase.Secondly, I explained that she and Han held different position, their income can’t be compared. Although I cannot tell the specific income data, I consider their income is close. Moreover, if she got the promotion, her annual income should be increased to a higher level. After that, I explained the details of the promotion: the sales commission will be increased from 2% to 2. 5%, after promoting her as the team leader, which means her personal annual income will increase by 15% -20%. Li lly was attracted by the condition, but she still worried about the challenge she will face to and how to deal with the family issues.I told her I can support her work which she didn’t need to be worried about. For family issues, there are two choices: one is getting extra 2 days’ vacation after a 1 month long-term business trip; another is increasing annual vacation time from 10 days to 20 days. She agreed with the latter one at last. Before we ended the conversation, Lilly said she will talk with the coming change with her families, in order to get their support. I think she will convince her families and take the position. Conclusion The result of the negotiation is successful.I do a pretty good preparation work by determine my bottom line and BATNA in time and good strategy can give me the chance to handle the negotiation follow my own idea. Mutual trust is very important in this negotiation process. Because the real reason for her shift was her personal annual inc ome was less than Han, which made her feel uncomfortable. I can’t deny the fact because I need to build the mutual trust. But I can change the way to discuss the income issue and courage her to keep the position. I found out the solution and I got my target at last.