Law 531

Traditional and Nontraditional Litigation Systems Law/531 [ July 30, 2012 ] The traditional legal system of utilizes law as it is foundation for all decisions. Laws in the United States have four sources; constitutional, statutes and ordinance, common law and administrative. The features of these four are: * Constitutional Law is based on a formal document that defines broad powers. Federal constitutional law originates from the U. S. constitution. State constitutional law originates from the individual state constitutions. Statutes and Ordinances are legislation passed on the federal, state, or local levels. * Common Law is based on the concept of precedence – on how the courts have interpreted the law. Under common law, the facts of a particular case are determined and compared to previous cases having similar facts in order to reach a decision by analogy. Common law applies mostly at the state level. It originated in the 13th century when royal judges began recording their decisions and the reasoning behind the decisions. * Administrative Law – federal, state, and local level.Administrative law is made by administrative agencies that define the intent of the legislative body that passed the law. These four steps are used to structure and interpret laws to remedy situations as they arise the enforcement occurs at three levels and they are called courts. The Supreme Court, Appellate courts and Trial courts, in the business environment the trial court is a popular choice because it handles the civil disputes and it is only when unique cases appear it is sent to be viewed by the Supreme Court for a ruling.Cases such as NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. (Supreme Court of the United States 2011) otherwise known as the healthcare law which mandates healthcare for all, when this kind of law is in place and it affects the citizens on a whole that decision must be weighed agains t the rules of the constitution which is the law of the land. Alternative Dispute Resolution (ADR) this is the mitigation process where the end result is the agreement according to the process of litigation.ADR is the involvement of a third party to who is unbiased but encourages a discussion between the parties. This features is particularly important to businesses because of this feature the discussions are private and so it reduces the negative publicity which may arise, the process is quicker because it because the terms of the agreement is then presented to judge for his/her viewing and then a ruling is made. Finally, the agreement is also covered by a caveat of confidentiality which reminds both parties that the agreed terms must not be discussed.This type of discussion is helpful in mergers and acquisitions as is used in the work environments where a union supplies the employees. Comparison Both processes are features of the judicial system and the remedy is legally binding. Most times the remedy is monetary and the TORT is settled in the civil courts, however, laws have two features, state and federal and whenever applicable the federal ruling is the governing law. ContrastThe judicial system in terms of the courts is time consuming and the pretrial hearings can be a lengthy task, the courts that will hear the case is also determined by the monetary remedy that is asked by the plaintiff. References Supreme Court System, American Legal System; Quick MBA, Law and Business http://www. quickmba. com/law/sys/, viewed July 30th 2012. Healthcare Reform Ruling; NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL; http://www. supremecourt. ov/opinions/11pdf/11-393c3a2. pdf, viewed July 30th 2012. Definition of Tort; The Lectric Law Library LECLAW. com, http://www. lectlaw. com/def2/t032. htm, viewed July 30th 2012. ———————————⠀”——– [ 1 ]. A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. (Some acts like battery, however, may be both torts and crimes; the wrongdoer may face both civil and criminal penalties. ) Law 531 Traditional and Nontraditional Litigation Systems Law/531 [ July 30, 2012 ] The traditional legal system of utilizes law as it is foundation for all decisions. Laws in the United States have four sources; constitutional, statutes and ordinance, common law and administrative. The features of these four are: * Constitutional Law is based on a formal document that defines broad powers. Federal constitutional law originates from the U. S. constitution. State constitutional law originates from the individual state constitutions. Statutes and Ordinances are legislation passed on the federal, state, or local levels. * Common Law is based on the concept of precedence – on how the courts have interpreted the law. Under common law, the facts of a particular case are determined and compared to previous cases having similar facts in order to reach a decision by analogy. Common law applies mostly at the state level. It originated in the 13th century when royal judges began recording their decisions and the reasoning behind the decisions. * Administrative Law – federal, state, and local level.Administrative law is made by administrative agencies that define the intent of the legislative body that passed the law. These four steps are used to structure and interpret laws to remedy situations as they arise the enforcement occurs at three levels and they are called courts. The Supreme Court, Appellate courts and Trial courts, in the business environment the trial court is a popular choice because it handles the civil disputes and it is only when unique cases appear it is sent to be viewed by the Supreme Court for a ruling.Cases such as NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. (Supreme Court of the United States 2011) otherwise known as the healthcare law which mandates healthcare for all, when this kind of law is in place and it affects the citizens on a whole that decision must be weighed agains t the rules of the constitution which is the law of the land. Alternative Dispute Resolution (ADR) this is the mitigation process where the end result is the agreement according to the process of litigation.ADR is the involvement of a third party to who is unbiased but encourages a discussion between the parties. This features is particularly important to businesses because of this feature the discussions are private and so it reduces the negative publicity which may arise, the process is quicker because it because the terms of the agreement is then presented to judge for his/her viewing and then a ruling is made. Finally, the agreement is also covered by a caveat of confidentiality which reminds both parties that the agreed terms must not be discussed.This type of discussion is helpful in mergers and acquisitions as is used in the work environments where a union supplies the employees. Comparison Both processes are features of the judicial system and the remedy is legally binding. Most times the remedy is monetary and the TORT is settled in the civil courts, however, laws have two features, state and federal and whenever applicable the federal ruling is the governing law. ContrastThe judicial system in terms of the courts is time consuming and the pretrial hearings can be a lengthy task, the courts that will hear the case is also determined by the monetary remedy that is asked by the plaintiff. References Supreme Court System, American Legal System; Quick MBA, Law and Business http://www. quickmba. com/law/sys/, viewed July 30th 2012. Healthcare Reform Ruling; NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL; http://www. supremecourt. ov/opinions/11pdf/11-393c3a2. pdf, viewed July 30th 2012. Definition of Tort; The Lectric Law Library LECLAW. com, http://www. lectlaw. com/def2/t032. htm, viewed July 30th 2012. ———————————⠀”——– [ 1 ]. A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. (Some acts like battery, however, may be both torts and crimes; the wrongdoer may face both civil and criminal penalties. )

Gang Violence

Teen Gang Violence If I could change the world, I would definitely leave out the gang violence. I wonder why teens join gangs. I’ve seen some of my friends join gangs and I wonder why they joined. Did they think they were going to be famous? Did they think everyone was going to know them now and want to invite them to special events? Or did they want to sell drugs on their block and become hood rich? I grew up in the city of Blytheville, Arkansas, where a lot of kids find trouble. Gangs are becoming a growing problem in American society. More young people are turning to gangs to solve problems in their lives.When youth join gangs, they forget about their family, real friends, and even school. In Blytheville, gangs cause teenagers to act violently. When you are in a gang, you also have rival gangs that you constantly have to fight, just because you don’t want another gang in your territory. Some teens think that being in a gang will give them protection. I believe being in a gang increases your chances of being killed or hurt badly. Besides the violence that is involved in being in a gang, teens also get involved in illegal activities such as the use and selling of drugs.Gangs make you carry out illegal activities to make money. One of these activities is selling marijuana mainly. In my city, some members are big time dealers, while others just work the corners. It’s a part in my town that does a lot of killing and selling drugs. That is not good role modeling for the young people. In what shouldn't surprise anyone who has thought even the least bit about these sorts of issues, a lack of positive role models in their lives is  leading to gang membership. (ParentDish) Some children probably grew up where they saw people selling drugs and killing.They said, â€Å"When I get older I want to be just like that†. When you’re young you don’t really know the consequences of being in a gang. I never understood the meaning of ga ngs. You have to have tons of people who might have your back, but the key word was â€Å"might†. I know many people that don’t need to be in a gang. They’re in it just to fit in. That is just horrible in my book. I remember we had to read a book about gangs in high school. This book was called Gangs, Groups, Cults. It’s about a kid name Donte. He was a bright teenager who finished school and didn’t do anything after high school. So he oined a gang because he said, â€Å"Cool, but what do I do once I get out of school? You know? I did my daily deed to keep from getting thrown out of the house, but no I’m walking around the neighborhood and I don’t have anything to do† (Bradley 75). Since Donte had nothing better to do, he figured that it would be okay to join a gang. Boredom causes teenagers to join gangs, as well as wrecking havoc in the streets. Boredom can cause teens to join gangs, and so does bad parents. A lot of times wh en a kid’s family is messed up, they end up spending more time on the streets, and the gang becomes like their second family.Maybe they only have a mom and she has drug problems, or is never around or very strict on him/her. Maybe they have a dad that is never around, or is on drugs. Some kids suffer through home life with parents who are always drunk on alcohol and they don’t really know their parents. So they meet older gang members that give them money and make them feel like a little brother or even a son. According to The National Gang Center and The Office of Juvenile Justice and Delinquency Prevention, boys are more involved in gangs than girls; however you might be surprised to find out that the number of female gang members is rapidly increasing. Psychology Today) Many parents of teenage girls do not consider gang activity to be something they should worry about very much. Unfortunately, I’ve witness teenage girls getting more and more involved in gangs . Not only in Blytheville, this is occurring in the larger cities, and other smaller cities and towns as well. Gangs rely on their girl for many dangerous activities that can result in teen girls going to prison or worse. Maybe they believe she want get as much time for a crime as a male would. Teens that are in gangs are much more likely to suffer from gun violence, whether it's injury or death.As a gang member, you can look forward to at least one shooting. In some cities, many teens that were killed by guns are gang members. Most likely, they were shooting at other gang members, who will not hesitate to shoot back. According to the National Youth Violence Prevention Resource Center, youth gangs have about 772,000 members nationwide, with half of them being teens under 18. (eHow) Teenagers love this life because they feel powerful, rich, and respected at a young age. They think they’re going to become rich and gang famous. The older guys that are or were in a gang are known as â€Å"OG’s†, know the opposite.I’m pretty sure they’re regretting everything like the choices they made getting into the gang in the first place back in the day. A lot of OG’s have spent their whole lives in and out of jail, and are out on the street asking for money, all because the gang life took away a lot of opportunities they could have had when they were younger. The world doesn’t need this kind of activity going on. We have bigger problems to deal with, other than killing and harming each other. Parents need to tell their children how much they love them each and every day.

Exercise 1 Essay Example | Topics and Well Written Essays - 250 words

Exercise 1 - Essay Example Sexual abuse on the other hand is enticing a child to undertake in any sexual activities with or without consent. The awareness of the child is irrelevant in this case. Failure to provide a child’s needs amounts to neglect. The program’s mission will be protecting children from neglect and abuse to ensure they grow in a healthy environment and proper mental, social, psychological, and emotional development. The primary goals include educating the society on the various forms of child abuse and helping those affected by offering support financially, emotionally and health programs for the sexually abused (Watkins,2009). The effectiveness of the program is measurable in the following ways; data can be obtained from the related agencies and compared to cases reported after awareness is done. A reduction of the number of reported cases shows success. Conducting a benchmarking activity by comparing our work and that done by other child protection programs. The number of children who successfully undertake the program will also be an indication of the success of the program. Activities aimed at achieving the objectives include conducting fun days where families are mobilized and educated on child abuse. Blogs and social networks will ensure that a larger population gets the intended message and are continuously updated on any new events. A toll free centre will be accessible for 24 hours to respond to any emergencies and receive

Argument-driven essay Research Paper Example | Topics and Well Written Essays - 1250 words

Argument-driven essay - Research Paper Example If an advert targets specific futures in competitor's product, it achieves results that are more appealing. This paper will address a Samsung Galaxy Phone advert in the New York Times magazine. The magazine is in a business environment and therefore the advert is customer oriented. However, the advert has peculiar features that make it stand out amongst other competitive adverts. Firstly, the advert is titled â€Å"A Phone Bristling with Extras.† This a critical catch-up line for any advert on technology commodities. Arguably, people or consumers are on the lookout for new ideas or values. Thus, consumers will ignore or reject an advertisement that contains mediocre information. For instance, the ad would have had minimal views if it were titled â€Å"A Phone with exciting features.† This is because nearly all phones have exciting features. In addition, the message would be vague since it does not clarify how exciting phone’s features are. Thus, most readers will ignore such advertisements. Secondly, consumers are on the lookout for commodities that provide extra value. Therefore, consumers prefer commodities that provide satisfaction beyond their commodity value. It seems that developers of the ad had a clear understanding of consumer behaviors and psychology. Into the adverts’ content and you will notice stuff that is more exciting. The nature of excitement portrayed in this advertisement is market oriented. Clearly, the advertisement wishes to utilize already existing market by creating new value. In particular, the advert is targeting the iPhone market with the aim of having a share of its fortune or capitalizing on its marketing networks. The editorial environment is also business oriented. This is because the advert wishes to create an instant market. Consumer decisions are influenced by group dynamics more than rational decisions do. Thus, consumers will buy or consume commodities based on the popular belief. This is of partic ular interest in technology-based commodities such as phones, laptops, iPods, and cars. Most consumers are not capable of evaluating such commodities and, therefore they are dependent on popular belief as criteria for their evaluation. Recently the iPhone and most of other Apple products have had high market ratings. However, these ratings are not a sufficient measure for the product’s superiority. In fact, the iPhone might be equivalent to other cheap Smart Phones produced by less popular manufactures such as Huawei. The advert demonstrates the role of brands and popular belief in marketing. In addition, the ad demonstrates the target points in successful advertisement. In particular, successful sales message should target the brand rather than the product. This is a significant aspect of advertisement and, it seems to attract the desired traffic. Specifically, the S III ad targets iPhone ads with the aims of establishing a similar market. Considering that, Apple products ha ve had successful marketing opportunities. From the advert, it seems that the message is comparative. This is because it relates a particular feature in S III to a similar feature in iPhone. Moreover, the ad explains why S III features are superior to those of Apple’s iPhone. For example, the ad refers to S III as the latest machine that has stunning features. In addition, the new devise is smarter than the iPhone. This is because

The tell-tale heart short story Coursework Example | Topics and Well Written Essays - 250 words

The tell-tale heart short story - Coursework Example He thus interpreted love and hate similar to Freud as universal emotions, hence severed from the particular conditions of time and space (Poe, 2014). He is, therefore, motivated to kill the old man whom he loved by neither passion nor desire for money but a fear of the man’s pale eye that triggers his hatred. Argument two is that Poe’s terror results to the narrator’s simultaneous love for himself and hatred of his rival. Such a double depicts the inseparability of love and hate and hence two forms of the key intense form of human emotion. The narrator thus loves himself, however, when feelings of self-hatred appear in him, the narrator projects such a hatred onto an imaginary copy of himself (Poe, 2014). Thus, he confesses a love for an old man whom he violently murders and dismembers. He thus decides to tell a story in which he will defend his sanity yet admit to having killed an old man. Argument three is that the narrator instigates the story by addressing the reader and claiming that he is nervous but never mad. Therefore, the narrator reveals his madness through an attempt to delink the person of the old man, whom he loves, from that of old man’s supposedly evil eye, triggering the narrator’s hatred (Poe, 2014). Subsequently, such delusional distinction helps the narrator to remain unaware of the paradox of claiming to have loved his

How far can conceptual tools such as carrying capacity, limits of Assignment

How far can conceptual tools such as carrying capacity, limits of acceptable change and environmental impact assessment actually - Assignment Example The WTO, World Tourism Organization, defines tourists as people who "travel to and stay in places outside their usual environment for more than twenty-four (24) hours and not more than one consecutive year for leisure, business and other purposes not related to the exercise of an activity remunerated from within the place visited"(emoiz.com). Thus, mankind’s fascination with experiencing the unknown, coupled with improvements in technology and rising standards of living around the world have ensured that tourism has percolated into every strata of society, and resulted in rapid growth of that industry. However, tourism to view and admire natural environment and natural wonders (apart from the man-made ones) has started having major negative impacts on the natural environments, even leading to sizable destructions. These destructions not only damages those natural wonders, but also wide range of flora and fauna, whose habitats get destroyed in the process. Thus, with the positi ve activity of tourism turning into a nightmarish activity, there have been calls for sustainable form of tourism. As stated by Hens and Ni (cited in Nath, 1999) no form of tourism exists that does not cause environmental stress, and so the challenge is to find a ways towards sustainable tourism development that harmonises economic benefits importantly with the protection of natural diversity. Implementing sustainability in tourism involves a series of steps that has to be taken by various stakeholders. To actualize that, few conceptual tools can be used particularly â€Å"Carrying Capacity†, limits of acceptable change and environmental impact assessment. Each of these tools can protect the environment and its habitants, even while allowing human exploration of the environment in the form of tourism. So, this paper will discuss how these conceptual tools can be optimally utilized to create sustainable forms of tourism. â€Å"Carrying Capacity† and how it can help to c reate sustainable form of tourism The term or concept â€Å"â€Å"Carrying Capacity†Ã¢â‚¬  can be used in various contexts, however it basically â€Å"refers to the number of individuals who can be supported in a given area within natural resource limits, and without degrading the natural social, cultural and economic environment for present and future generations.† (gdrc.org). Every environment including a tourist environment or spot can have a limit on how many people and how much of their activities, it can support and sustain. If that limit is breached and more people enter that particular area, it could lead to instability and could cause repercussions to the already existing people. Although, the â€Å"Carrying Capacity† for any specified area is not a fixed one, and it can be altered through various means including technology, it is not a positive step. Because any alteration or modification of the â€Å"Carrying Capacity† will always result in p roblems to both the existing people as well as the entering people. Any restriction in the resources, when the â€Å"Carrying Capacity† increases beyond limit will lead to dearth of land, shortage of food, or decline in water quality and availability, which will quickly put the brakes on both types of growth. (Chant 2011). Thus, the tourist department and the authorities can come up with a tentative â€Å"Carrying Capacit

Lee Silverman Voice Treatment (LSVT) Essay Example | Topics and Well Written Essays - 1000 words

Lee Silverman Voice Treatment (LSVT) - Essay Example Several researches have been conducted to find out the success rate of LSVT in treating dysarthria. An article by Brad H Story et al analyzes the effect of LSVT on the vowel articulation of dysarthric patients. The research by Story et al clearly shows that dysarthric patients suffer from articulation of vowels in their daily lives. People suffering from Parkinsons Disease are most probable to go through from such a situation. Parkinsons Disease and its effects are emphasized upon in the research article. It has been seen that LSVT produces marked improvement in patients suffering from voice and speech problems due to the onset of Parkinsons Disease. Story et al tells that patients suffering from dysarthria because of Parkinsons show improvement on the long term when treated with LSVT because there is no external cueing in the therapy. Vocal loudness is a primary factor which helps these patients to improve upon their tone as put by Story. The research article by Story et al took pat ients suffering from Parkinsons disease who had problems in their speech and voice and gave them a therapy of LSVT to find out its effect on the vowel articulation. ... Both Michael et al and Story et al in their articles have put forward the effects of vocal loudness as used in LSVT on the patients who are suffering from Parkinsons. Michael et al in his article has emphasized on the patients suffering from hypokinetic dysarthria whereas Story et al in his article has emphasized upon the patients suffering from Parkinsons Disease specifically. The study carried out by Michael et al was only done on a single patient and requires research on other patients to confirm its results whereas the study carried out by Story et al was conducted on a large population to find out the effect of LSVT on the patients. Thus it can be said that Story et al has build up a strong base to prove its results whereas Michael et al in his article has given a platform for future research on hypokinetic dysarthric patients. Similarly the article by Story et al had also taken controls of patients suffering from Parkinson’s Disease to find out the exact results of LSVT whereas the research by Michael et al only took one individual in the whole research without having any controls. Another research carried out by Wenke et al has showed the effectiveness of LSVT when it comes to the treatment of dysarthric patients following TBI or stroke. A total of 10 individuals were taken into the research to find out the effect of LSVT. LSVT was performed according to its normal procedure and then a team was designated to find out the effect of LSVT on the patients. The long term effects of LSVT on the patients were positive enough to last for six months as found out by the team. This research article again proved to be a platform for further research to find out the effectiveness of LSVT. Similarly another