Adversary Trial Process essays

Adversary Trial Process essays Similar in the unfair nature of its trial by combat ancestor, the adversary trial process is weak in its pursuit of lawfulness compared to Europes inquisitional system. Adversary process is a system of justice, supervised by a judge, where opposing parties present evidence to an impartial jury through a process of questioning witnesses. This system, however, creates too much human involvement to truly represent a system of justice. The word adversary means opponent or enemy and connotes the Devil. In a perfect courtroom, human involvement would be irrelevant. True determination of guilt would overcome any minor injustices created by the competitive trial, impartial jury, or uninvolved judge. However, far from being the just system of the perfect courtroom, the adversary trial process does not provide for realistically fair trials due to its harsh competitive nature (leading to violations of evidence submission), potential for biased juries, and possible subjective judging. Lawyers performing in an adversary trial often act unfairly. As evidence is to be viewed by unprofessional jurors rather than clergymen, evidence must follow strict guidelines for submission into a trial. Hearsay, or evidence based on the reports of others rather than the personal knowledge of a witness, is strictly not allowed in higher tribunals of the court system. Evidence illegally obtained is also not admissible to a trial. However, because of the highly competitive nature of the courtroom created by the adversary system, lawyers often manage to slip these inadmissible but often key pieces of evidence past the neutral arbiter, onto the record and into the minds of the jury. The lawyer, in pursuit of money and at least a fair trial for their client, looks past his opinion or knowledge of guilt and makes an attempt to fully test the evidence in favor of his client and best present his case to the court. In his defense, he may argue that he p...

What Are The Pros and Cons of Job Hopping

What Are The Pros and Cons of Job Hopping The jury remains out on job hopping. Most people agree that the stigma is mostly gone, particularly if you’re in the unique brand of circumstances that makes it the wisest move for your career. But there are still pros and cons- even if you think it’s all good or all bad. Job Hopping ConsEmployers might hesitate. If you have a track record of loving and leaving, so to speak, employers might be hesitant to hire you. Or worse, they might put you on the chopping block first if or when lay-offs are in order. At least before you’ve had a chance to prove your loyalty in this Basically, they fear you’ll jump ship at the first sign of trouble. And, to be fair, they have no counter evidence!Lack of satisfaction. If you don’t stick around long enough to really get stuck into a company and reap some of the slow-release long term benefits of loyalty, you’ll miss a potentially truly enjoyable part of your career.Relationships are in danger. Gaining exper ience by job hopping might get you a bunch of bullets on your resume, but it won’t necessarily get you a good recommendation and it won’t help you build the kind of relationships that make for a long and successful career. The last thing you want to do is give the impression that you’re unreliable.Greener grass syndrome. If you get into a pattern of job hopping, you might start to fall victim to the trap of always thinking that the grass is greener in some other job or other career. Try to find a place to settle down when you can and when that would be appropriate. Otherwise, you’ll develop a long list of shallow experiences and expertise, and never reap the sweet rewards of loyalty.  Job Hopping  ProsFinding yourself. If you’re not entirely sure what you want to do with your life, a few job hops early on can actually be very useful in saving you valuable time. Just be mindful to figure out what you like and start pointing yourself in that dire ction with some force and purpose.Variety is fun! They don’t call it the spice of life for nothing. You get that many more opportunities to make sure you find the right fit- as well as a fresh take on things with each new company. But remember, the novelty wears off very quickly. Make sure to get accustomed also to the routine of working a job for more than a few months.Networking, networking, networking. You can amass a truly powerful network by job hopping. Just make sure you’re actually making lasting connections and not just blowing through people for the sake of it.A cash increase. Jumping to a new position, when done right, almost always ends up with you making a bit more money- often more than a routine raise.You’ll grow as a person. You’ll meet more people, you’ll work in a broader range of diverse fields and institutions, and you’ll be exposed to a much wider variety of information and resources. This can really build your versatili ty, and indeed, your attractiveness as a long-term hire in the end, provided you shape your experience mindfully.

The Patriot Essay Example | Topics and Well Written Essays - 750 words

The Patriot - Essay Example Benjamin is made the leader of the Colonial Militia to fight a course for both his country and family. Story being told The director of the movie is basically trying to tell the story of commitment for one’s nation. The effectiveness of this lesson that the director was trying to put across could however be said to have been plagued by the fact that the commitment or otherwise theme of patriotism that the director was presenting was not based on personal or self conviction of the character who was made to play the role (Warhurst, 2007). This is because the sense of the character’s patriotism was called to task only because he had a personal family mission of vengeance to undertake. Watching the movie, it could be seen that the director chose the American Revolution of 1776 as the historical piece with which to tell the story because that is a piece of history that has a very strong bearing of the ordinary American to his or her origins of freedom and independence that h e or she enjoys today (Gauja, 2010). This means that the historic piece was selected as one that could appeal to the sense of American patriotism in a more touching way. Most important Moments depicting Director’s Story There is a common saying in local parlance that it is only a fool who doe not change his or her mind. This adage is used a very momentous scene by the director to depict the director’s story. This is because in the judgment of Benjamin Martin, nothing would have made him fight for his nation if he had not lost his son through events of the war. This was an important moment depicted in the film because the call for patriotism is most often not heeded by most American unless they have a sense of urgency to respond to it (Rubin, 2010). The director therefore used that moment to drum home to all countrymen and women that the need to stand and fight for one’s nation should be something that is innate and inspired by personal convection rather than cir cumstantial events and happenings. Present Research and Point of View presented in Movie Research on the actual American Revolution, shows that the director of the film did not depict the exact events of the revolution in the film. This is because there were critical aspects of the wars and acts of violence that are more aligned to the Nazis in the 1940 than to the American Revolution in the 1770s (Jaensch, 2008). The role that was played by the Nazis was therefore made to be played by the British in the film. This somewhat contradicts the point of view presented in the film. However, further research show that the theme of the director that depicts the fact that the patriotism of most Americans are provoked by circumstantial factors such as the need to retaliate in terrorism; rather than an innate call of commitment is true about present day America (Gauja, 2010). This could have been fixed if the director told the American Revolution story just as it was without having to create t he story from a fictional point of view. Personal Lessons and Further Recommendation Before watching the movie, I had no idea of how sophisticated the British rule over the American was. Indeed, to the extent that the British would fight till the drop of last blood to ensure that their colonization of the Americans remained intact means that the British saw America as a real treasure that

Knowledge Management Techniques Essay Example | Topics and Well Written Essays - 3250 words

Knowledge Management Techniques - Essay Example Knowledge management solutions enable the company or organization implementing it to share relevant and useful information at all levels of the organization. Knowledge management reduces redundancy, creates efficiency and allows a company to utilize information for innovativeness. New recruits require minimal training and allow the company to utilize time effectively. Intellectual property can be retained after employees stop working. The two case studies are: Northbridge Model Train Shop and Food Festival. CASE STUDY I NORTHBRIDGE  MODEL  TRAIN  SHOP  (NMTR) 1. PRELIMINARY INVESTIGATION 1a) Northbridge  Model  Train  Shop intends to continue utilizing the existing network and improve the organizations knowledge base. The activities within and outside Northbridge   Model   Train   Shop affects knowledge management preparaedness; hence there is need to conduct an audit. NMTR knowledge management structure requires retructuring and development to accomaodate increas ing tasks. Since the management already poses a knowledge system, the existing system can be effectively used to enhance and achive a competent managements system. A central place where all the knowledge can be accessed and controlled lacks in the oragnization. There is explicict information that can be used to further generate unambigous information for knowledge management as Bennett (1999) points out1. 1b) As a knowledge management expert, it is posible to identify knowledge management gaps that exist. NMTR has acquired knowledge over the knowledge and requires expertese to adequately use the knowledge for the correct person when required. It is necessary to intergrate tacid and explict knowledge in the organization to achive competency and adequately meet NMTR knowledge management needs. Tacid sources of the organizatoin assist in identifying the knowledge gaps that exist. Moreover, the customers needs will be considered when implimenting knowledge management system and ensure t hat NMTR obtains competitive advantage. 1c) Knowledge management needs in NMTR can be adressed with an aim of assisting the company realise its goals. NMTR strategy is dependent on strategy designed by the owner, Jim. For knowledge management to be sucessful, the knowledge Jim possess together with the organizational strengths, weaknesses, opportunities and strengths will influence the outcome. Efficiency will be achived if NMTR stategy is propertly articulated in knowledge management. NMTR will use the existing knowledge to create competitiveness. As an expert, knowledge management mapping, the role of information technology and innovation can be considered as necessary. 1. KNOWLEDGE AUDIT 2a) Knowledge gaps and blockages identify what should be done to achieve knowledge management needs. NMTR has published materials on the train inventory system and wants to develop a new knowldge management that includes the train and slot car materials. There is need standardize the available ma terials and categorize them to allow their effective use in the new venture in train and slot car materials. Additionaly, a system where new information is documented in a procedural way can be identified to absorb information from the new area. There is need for ontology and creation of terms within the new area. Terms that are commonly used in the

Different Massage Modalities Essay Example for Free

Different Massage Modalities Essay Massage modalities have been around since ancient times and have evolved with the recognition that touch combined with the natural defense and healing processes of the body is a restorative, maintenance and preventative treatment that counters the wear and tear effects of strenuous physical activity involved in day to day life. Most of the modalities discussed in this paper are of Western origins. The basic difference between Western and Eastern techniques lies in how they view the body and its functioning. Western massage therapies treat the body as a physical structure, like a machine, which over time and along with human activity wears down. The â€Å"parts† suffering from damage and malfunction are â€Å"repaired† through massage therapy. Eastern therapists view the body as the interaction of the energies in the universe and a pattern of energy channels or meridians. Injury and illness are seen as obstructions or discrepancies in these channels. Thus the goal of massage therapy is to restore the normal, balanced and unimpeded flow of energy within the energy meridians. Eastern massage therapies include TuiNa, shiatsu and Thai massage. Whatever paradigm one clings to, it is a fact that all types of massage therapy brings unparalleled benefits to the human body and mind and effective alternatives to existing medical treatments for pain and other body ailments. List of references http://www. acupressureschool. com/east_or_west. html Swedish Massage Swedish massage is the classic or traditional form of massage in the United States developed in Europe in the early 19th century by Pehr Henrik Ling, a Swedish gymnastics instructor. Ling’s system was based on his classification of the massage forms used by ancient Greeks and Romans. Swedish massage is characterized by 5 fundamental strokes: effleurage – gliding, petrissage – kneading, friction – rubbing, tapotement – pounding and vibration – shaking, where each stroke contributes particular benefits. The use of French terminology for these strokes was popularized by Johann Mezger, a Dutch physician who advocated the use of Swedish massage as a medical treatment. Massage therapists have developed their own versions of Swedish massage based on these basic strokes. The principal aim of Swedish massage is to increase the circulation of blood and oxygen without giving the heart an additional work load. Strokes are made following the movement of blood as it flows towards the heart resulting in smoother circulation which purges the body tissues from accumulated toxins such as lactic or uric acid, natural by-products of metabolism. The secondary purpose is to induce the relaxation of superficial muscles by rubbing them against deeper muscles and bones. Stretching the tendons and ligaments make them supple and pliant. In the process, the skin and nerves are equally stimulated. Swedish massage promotes complete relaxation and reinvigoration from the general stresses of daily life through its positive effects on the nervous, circulatory, endocrine and the musculoskeletal systems. A typical full-body massage takes an hour or more to complete and is accompanied with the use of oils and lotions. List of references http://www. findamasseur. com/swedish-massage. html http://www. mamashealth. com/massage/sweed. asp Deep Tissue Massage Deep tissue massage is used as a rehabilitative treatment to muscle pain in constantly tense and compressed areas of the body such as the neck, back and shoulders. It is recommended for those recovering from injuries such as whiplash or falls as well as postural problems, repetitive strain injury (e. g. the carpal tunnel syndrome), fibromyalgia, ostheoarthritis pain and muscle tension or spasm. Chronic muscle tension occurs when there are adhesions or bands of painful, stiff and contracted muscles resulting in the inability of smooth blood circulation in the area, inflammation and constrained physical movement. Deep tissue massage serves to break down adhesions and bring the muscles back to their normal state easing the pain and restoring unhampered movement. A combination of Swedish and Thai massage strokes are used but performed slower and with more intense finger pressure localized on the areas of pain in order to align the deeper muscles, tendons and myofascia (connective tissues), layer by layer. Penetrating movements involve compression along the length of the muscle fiber and cross fiber friction as well. The knuckles, elbow, fist and forearm are also used by massage therapists in the process. It is expected that there may be pain during and after the massage and it is helpful for the therapist if the client voices out when the strokes are beyond their comfort zone. Pain normally subsides in a few days and applying ice on the area is recommended for relief. List of references http://altmedicine. about. com/od/massage/a/massage. htm http://drdavedc. com/deep-tissue. html http://www. amtamassage. org/about/terms. html http://www. tealcenter. com/modalities. shtml#Anchor-NEUROMUSCULAR-24500 Trigger Point Therapy Trigger point therapy is also known as myotherapy or neuromuscular therapy. This massage modality was introduced by Janet Travell and David Simons and developed around the theory that pain is caused by myofascial trigger points which are tiny contraction knots that form in a muscle once it is injured or subjected to too much stress. Muscles are made up of sacromeres, tiny units that alternately contract and relax in a synchronized fashion during body movement enabling blood circulation. Trigger points develop when sacromeres overlap and become entwined. Blood flow is impeded in the immediate area and the oxygen shortage results in the accumulation of metabolic wastes which irritate the knotted sacromeres. These trigger points send out pain signals, not from its actual site but from another part of the muscle or body, hence the concept of referred pain. Trigger point therapists say that it is ineffective to treat muscle pain where it hurts. One has to look for the site of the trigger point and apply therapy there to guarantee successful treatment. Travel and Simons reveal that headaches, neck and jaw pain, low back pain, tennis elbow, and carpal tunnel syndrome can be attributed to trigger points and that they are also the causes of pain in the shoulder, wrist, hip, knee, and ankle joints that is so often mistakenly diagnosed for arthritis, tendinitis, bursitis, or ligament injury. Trigger points also display other seemingly unrelated symptoms such as dizziness, earaches, sinusitis, nausea, heartburn, false heart pain, heart arrhythmia, genital pain, and numbness in the hands and feet. Even fibromyalgia is said to have its beginnings with myofascial trigger points. Using mainly finger pressure, trigger point therapy releases the interlocked sacromeres into a state where they are neither contracted nor stretched. Typical therapy lasts between 3-10 days in order to achieve marked results. In treating chronic conditions that have also persisted over long periods of time, results can be achieved in a span of 3 weeks. List of references http://www. amtamassage. org/about/terms. html http://www. triggerpointbook. com/triggerp. htm Therapeutic Bodywork Therapeutic bodywork is a modality that combines Western and Eastern massage practices with emphasis on establishing harmony between mind and body. Stress, injury, traumatic experiences and anxiety affects not only the mind but also the body. This form of massage aims to bring about complete relaxation of both spheres by reinstating the natural flow of energy, with particular consideration of the breathing pattern. Massage strokes using the palms and forearm in long, rhythmic flowing movements alternating light and deep pressure, holding and stretching relieves the body and mind of deep seated tensions giving a sense of completeness, wellness, reinvigoration and freedom. Touch facilitates the innate body processes involved in self healing and should be treated as a maintenance therapy for the prevention of dysfunction in both body and mind brought about by daily stresses in life. List of references http://www. bodywork-Londonvienna. co. uk/phdi/p1. nsf/supppages/1702? opendocumentpart=2 http://www. therapeuticbodywork. co. uk/therapies_holistic. html Sports Massage Sports massage is utilized both for treatment of muscle stress after intense physical activity (post-event) or for muscle conditioning before engaging in it (pre-event). Thus, it decreases the chances for injury while increasing performance levels and mobility. It also promotes a positive mindset with the release of body endorphins and a relaxed state after activity. Strokes intended for athletes include vigorous manipulation, assisted stretching for muscle warm-up prior to strenuous movement and soothing manipulation to ease muscle contractions and promote blood circulation after physical exertion. If injury occurs, focused massage movements are applied to lessen muscle inflammation, facilitate recovery and prevent scar tissue formation. There are massage techniques aimed for particular body areas and also particular injuries. Specifically, sports massage can render the following physiological benefits: 1. Improved tissue permeability deep pressure massage strokes enable constricted tissue membranes to open up and allow vital body fluids to enter and for metabolic waste products such as lactic and uric acid to be flushed out. The entry of much needed nutrients and oxygen through the blood enable muscles to heal faster. 2. Thorough stretching of muscles massage stretches muscles, ligaments and tendons in a way that can not be achieved using traditional methods. Muscles are stretched lengthwise and crosswise. Massage also stretches the myofascia, or the thin membrane that holds muscles together, thereby releasing tension there. 3. Restores tissue elasticity grueling training can cause tissues to become rigid and inflexible. Massage can make overworked tissues pliant and elastic. 4. Promotes micro-circulation massage facilitates smooth blood flow to tissues by expanding blood vessels in order for oxygen and nutrients to pass through unhampered. The development of classic or Swedish massage techniques into a modality that was appropriate for athletes’ conditions and needs began in the early 1900’s in Finland, specifically in the Finnish School of Massage.

Such A Good Boy: How A Pampered Sons Greed Led To Murder: Summary Essay

Such A Good Boy: How A Pampered Son's Greed Led to Murder: Summary 18 year old Darren Huenemann of Saanich, British Columbia seemed to be a model student, friend, son and grandson. His mother Sharon called him the "perfect gentleman", as did most of the community around him. When his grandmother Doris made out her will in 1989, she made it so her daughter Sharon would receive half of her $4 million dollar estate, and Darren the other half. At the same time Sharon updated her will to include Darren as the beneficiary of her estate. If they ever came to harm and died, he would be a very rich young man. In the fall of 1989, Darren Huenemann decided that he wanted to be that very rich young man now. The book, Such A Good Boy: How A Pampered Son's Greed Led to Murder, written by Lisa Hobbs Birnie, starts out with a profile of the characters involved in the brutal tale. First is Doris Kryciak Leatherbarrow, born in Calder, Saskatchewan in 1920. Doris grew up in poverty, the oldest of seven children in the farming family. Doris was a good student when she went to school, but quit at fifteen and worked at school. She married George Artemenko, a shipyard worker, and became pregnant soon after. She gave birth to Sharon Doreen in March of 1943. This daughter never knew her father; George died in a fall at work three months after the birth of his child. This left Doris alone and knowing that she needed to do something to support her child. After the war, she landed a job with the newly formed Unemployment Services in the Vancouver area, where she raised enough money to complete one of her dreams: own her own dress shop. She married again to Rene Leatherbarrow, and expanded her dress shop to a large fashion warehouse with four stores. Next explained in the book is Sharon Doreen Leatherbarrow. She grew up under a mother that was always working, and a father that was usually away on business excursions. She learned how to manipulate her mother using guilt to receive what her young heart desired. She married three times: the second wedding yielding a son named Darren Charles, and the third wedding to Ralph Huenemann lasted until her death. Sharon usually lived off her mother's wealth, but was later put on the payroll by Doris when Doris needed assistance in her work.  ... ...nt of their power to deliver a jurisprudent sentence, one of justice and fairness. Also a power sentence will show that the youth, knowing exactly what they were doing, are not above the law in their rights. Huenemann's money and influence also was shown to be ineffective in his attempts to become above the law. Finally, this case gives an example of the motive of greed, purely and as evil as it gets. Conclusions This case shows that pampering a child, showering him with wealth, and flaunting the idea that "it will all be his someday", is a formula for disaster. The child does not have a chance to develop his own personality, therefore puts up "masks" and his real personality broods and grows to resent his elders. The book, Such A Good Boy: How A Pampered Son's Greed Led To Murder, written by Lisa Hobbs Birnie, is a well written case review, with very little bias or contrary opinion. It strictly relates the facts in almost every aspect. This would be a good book for a senior law class to read and relate their ideas on the evidence, the judgment, and the inside of the criminal mind of Darren Huenemann. Such A Good Boy: How A Pampered Sons Greed Led To Murder: Summary Essay Such A Good Boy: How A Pampered Son's Greed Led to Murder: Summary 18 year old Darren Huenemann of Saanich, British Columbia seemed to be a model student, friend, son and grandson. His mother Sharon called him the "perfect gentleman", as did most of the community around him. When his grandmother Doris made out her will in 1989, she made it so her daughter Sharon would receive half of her $4 million dollar estate, and Darren the other half. At the same time Sharon updated her will to include Darren as the beneficiary of her estate. If they ever came to harm and died, he would be a very rich young man. In the fall of 1989, Darren Huenemann decided that he wanted to be that very rich young man now. The book, Such A Good Boy: How A Pampered Son's Greed Led to Murder, written by Lisa Hobbs Birnie, starts out with a profile of the characters involved in the brutal tale. First is Doris Kryciak Leatherbarrow, born in Calder, Saskatchewan in 1920. Doris grew up in poverty, the oldest of seven children in the farming family. Doris was a good student when she went to school, but quit at fifteen and worked at school. She married George Artemenko, a shipyard worker, and became pregnant soon after. She gave birth to Sharon Doreen in March of 1943. This daughter never knew her father; George died in a fall at work three months after the birth of his child. This left Doris alone and knowing that she needed to do something to support her child. After the war, she landed a job with the newly formed Unemployment Services in the Vancouver area, where she raised enough money to complete one of her dreams: own her own dress shop. She married again to Rene Leatherbarrow, and expanded her dress shop to a large fashion warehouse with four stores. Next explained in the book is Sharon Doreen Leatherbarrow. She grew up under a mother that was always working, and a father that was usually away on business excursions. She learned how to manipulate her mother using guilt to receive what her young heart desired. She married three times: the second wedding yielding a son named Darren Charles, and the third wedding to Ralph Huenemann lasted until her death. Sharon usually lived off her mother's wealth, but was later put on the payroll by Doris when Doris needed assistance in her work.  ... ...nt of their power to deliver a jurisprudent sentence, one of justice and fairness. Also a power sentence will show that the youth, knowing exactly what they were doing, are not above the law in their rights. Huenemann's money and influence also was shown to be ineffective in his attempts to become above the law. Finally, this case gives an example of the motive of greed, purely and as evil as it gets. Conclusions This case shows that pampering a child, showering him with wealth, and flaunting the idea that "it will all be his someday", is a formula for disaster. The child does not have a chance to develop his own personality, therefore puts up "masks" and his real personality broods and grows to resent his elders. The book, Such A Good Boy: How A Pampered Son's Greed Led To Murder, written by Lisa Hobbs Birnie, is a well written case review, with very little bias or contrary opinion. It strictly relates the facts in almost every aspect. This would be a good book for a senior law class to read and relate their ideas on the evidence, the judgment, and the inside of the criminal mind of Darren Huenemann.

Project Management Problems

In replying the below inquiries you are to supply a brief analysis of the place at jurisprudence, backed with commendations of the relevant legal commissariats, case-law and commentary. Address the points tersely in such a mode as to demo that you have understood the rules that come into drama and modulate the state of affairs being described.Undertaking Manager is approached by a client who would wish to contract Project Manager’s services as a undertaking director. Undertaking Manager would wish to restrict his exposure to amendss in position of the fact that he will necessitate to contract the services of assorted professionals to complete the occupation.How can he make that?As stated in the Civil Code 960, ‘A contract is an understanding or an agreement between two or more individuals by which an duty is created, regulated, or dissolved.’ This means that if the Project Manager is contracted by the Client, and in bend the Project Manager contracts 3rd parties, the Project Managerstraightwill reply, in favor of the Client for the amendss that are caused by those 3rd parties that the Project would hold engaged. The primary method of understating exposure to amendss is to choose for an Indemnity insurance. This means that in instance of harm, the insurance would counterbalance the Undertaking Manager ( or the client in inquiry, straight ) . Furthermore, the insurance company on payment of the damages, would be subrogated in the rights of its client/project director, thereby it can turn against the party who is found to be responsible for the amendss. Alternatively, On the other manus, the Project Manager has two possible contractual understandings, each with different legal and practical deductions:A Contract with the client and a sub-contract with the 3rd party professional ( ‘sub-contractors’ ) . With a position to minimise the hazards, the latter contract should reproduce the same hazards and precautions which would hold been included in the chief understanding, i.e. The understanding between the client and undertaking director.A contract with the client for supervising the undertaking, where the client has a distinguishable contract with the 3rd party professionals ( the sub-contractors ) .To restrict exposure to amendss, option 2 is safer, but may non be acceptable from the client’s point of position who himself would desire to restrict his exposure/risks. In this instance, each contract would be one where, ‘the individual set abouting the work shall confer merely his labor or accomplishment, or tha t he shall besides provide the materials.’ ( Civil Code 1663 ) . Furthermore, the Project Manager would in bend be dissolved from any incompetence by the other professionals because as stated in the Civil Code 1037, ‘where a individual for any work or service whatsoever employs another individual who is unqualified, or whom he has non sensible evidences to see competent, he shall be apt for any harm which such other individual may, through incompetency in the public presentation of such work or service, cause to others.’ In such instances, the client is considered to be a contractor, and hence is apt ‘for the Acts of the Apostless of the individuals employed by him.’ ( Civil Code 1642 ) In the latter instance, if a client files for amendss against the Project Manager, said Project Manager may raise the supplication that he is non the 1 to reply for the amendss of the 3rd party sub-contractors ( since he would non hold contracted them ) and may besides name to the suit the said 3rd parties or in bend file for amendss against the sub-contractors, as stated under Article 1038 of the Civil Code ‘Any individual who without the necessary accomplishment undertakes any work or serve shall be apt for any harm which, through his unskilfulness, he may do to others.’ In the former instance ( where the Project Manager contracts straight with the Client ) , if the client files for amendss against the Project Manager, the said Project Manager may non raise the supplication that he is non the 1 to reply for the amendss of the 3rd party sub-contractors ( since he would non hold contracted them ) . Furthermore, he may arguably NOT sell to the suit the said 3rd parties, but if found responsible ( for the Acts of the Apostless or skips of the said 3rd parties, which the client would hold to turn out anyhow ) so he MAY in bend file for amendss against the sub-contractors, as stated under Article 1038 of the Civil Code ‘Any individual who without the necessary accomplishment undertakes any work or serve shall be apt for any harm which, through his unskilfulness, he may do to others.’ In any given instance, noteworthy in the context being discussed, the rule contemplated under Article 1138 of the Civil which states that ‘Where the understanding provides that the party who fails to transport it out shall pay a certain amount by manner of amendss, it shall non be lawful to present to the other party a greater or lesser sum.’Does it do a difference if the client is a natural individual undertaking the occupation for his/her personal demands or if the client is abargainer [ SM1 ]? Why?In this instance, a differentiation between Natural [ SM2 ] and Legal individual [ SM3 ] has to be given. The natural individual is by and large a physical entity that is responsible in his ain name for any skip [ SM4 ] , unless he proves that he has contracted on behalf of others. On the other manus, a legal individual is one that is non-physical ( like for illustration a company ) . A natural individual and a legal individual have the ability to either contract in their na me or on behalf of others. Both parties enjoy the ability to come in into contracts. When a Undertaking Manager is undertaking with a legal individual, he is undertaking non with persons but with the company itself, which enjoys a separate legal personality from its members/shareholders.Undertaking Manager is an designer and, apart from moving as undertaking director, will be personally responsible for the construction/ change works. He would wish to restrict his exposure for defects as best he could.How can he make this contractually?First and first, one can non take it for granted that the Project Manager is the designer, intending that if the Project Manager did non straight take portion in the programs and building of the undertaking, he/she shall non be found apt on the footing of the fact that he besides happens to be an designer by profession. Furthermore, one has the right to even diminish contractually the 15 twelvemonth clip span in instance of defects. Such timespan is gi ven in the Civil Code ( 1638 ) , ’If a edifice or other considerable rock work erected under a edifice contract shall, in the class of 15 old ages from the twenty-four hours on which the building of the same was completed, perish, entirely or in portion, or be in apparent danger of falling to destroy, owing to a defect in the building, or even owing to some defect in the land, the designer and the contractor shall be responsible therefor.’Does it do a difference if the client is a natural individual moving in his/her personal capacity or a bargainer?As antecedently mentioned, a natural individual is by and large a physical entity that is responsible in his ain name, unless he proves that he has contracted on behalf of others. On the other manus, a legal individual ( bargainer ) [ Di5 ] is one that is non-physical ( like for illustration a company ) . There is a given that whoever contracts does so in his ain name, unless he proves that he has contracted in the name of another individual. The debitor has the duties to do it clear that he is undertaking in the name of a company. The foregoing considerations apply whether the client is a natural individual ( single or bargainer ) or a legal individual ( company ) .Undertaking Manager is engaged and in order for him to carry through his battle he issues petitions for citations to three providers of stuffs. He stipulates a cap. They all reply with a quotation mark within the cap.Has an understanding been formed?No, an understanding has non been formed. Invitations to offer occurred when the Project Manager asked for a quotation mark. If this is non accepted, no contract has been formed. Said offer is capable to acceptance until and unless that offer is accepted, there is no contract.If so, at what phase [ SM6 ]?[ Di7 ]A contract is ‘an understanding reached between two or more parties which is lawfully enforceable when executed in conformity with specific requirements.’ Note that contract s should be specific to the undertaking in inquiry, every bit good as reflecting the understanding between the parties in inquiry. Contracts are adhering understandings, which is why it is of great importance that all parties understand the footings entailed by said contract, including rights and duties. Every contract consists of the followers:Offer ;Credence ;‘Acceptance ‘ occurs when both parties arrive to an unqualified understanding of all the offered footings. However, a period of dialogue normally occurs. The purpose of the dialogues is to present new footings and conditions and counter offers to the original offer, so as to get to an understanding that satisfies all parties. Communication of credence The credence of the contract offer occurs merely when the credence is communicated to the offerer. This includes methods like:By telephoneWriteIf non, why? And what is required to organize the contract?No credence has been given by the Project Manager to any of the provided quotation marks. For a contract to be formed, an exchange of an offer from, in this instance the providers, and an credence from the Project Manager must happen. Note that both parties must hold the purpose to adhere themselves. Furthermore, both offer and credence must beecht Acts of the Apostless of will that manifest the relevant consent. It is deserving nil that a contract is valid despite being non written, i.e. Credence by word of oral cavity or electronic mail is besides a contract, unless the jurisprudence expressly requires that the understanding should be in composing. These necessities of offer and credence are non mentioned in the Civil Code ( unlike Italian Civil Code ) . They are specifically mentioned in the Commercial Code and Electronic Commerce Act. The civil codification ( under 966 ) merely spells what is required for the cogency of a contract: (a) Capacity of the parties to contract ; (B) The consent of the party who binds himself ; (degree Celsiuss) A certain thing which constitutes the subject-matter of the contract ; (vitamin D) A lawful consideration.The most favorable quotation mark, from A, comes with a clause saying that â€Å"An understanding must be made in authorship and all payments must be made in advance.† Project director writes to A accepting the quotation mark. Is this sufficient?Yes, in this instance, there is sufficient cogent evidence that a contract has been formed. An offer has been given by A, which was so accepted ‘in writing’ by the Project Manager, a phase of personal businesss which is so confirmed by the fact that works would later be undertaken, in pursuit of and in conformity with the same quotation mark.Undertaking director pays the monetary value and A provides the stuffs, but these are found non to be in line with the specifications requested. What is the consequence of this? What are Project Manager’s options at jurisprudence?When a marketer is selling building stuff, he is ‘bound to justify the thing sold against any latent defects w hich render it unfit for the usage for which it is intended, or which diminish its value to such an extent that the purchaser would non hold bought it or would hold tendered a smaller price..’ ( Civil Code Article 1424 ) When such required are non met, the undermentioned occurs:Client dissatisfactionDelaies in undertaking completionThe marketer is ‘answerable for latent defects, even though they were non known to him, unless he has stipulated that he shall non in any such instance be bound to any warranty.’ As a consequence of this, the Project Manager has two options at jurisprudence ;Actio RedhibitoriaTo return the stuff and have the monetary value repaid to him. Compensation for amendss may be besides implemented.Actio AestimatoriaTo retain the stuff and have a portion of the monetary value repaid to him which shall be determined by the tribunal.Civil Code Article 1434, ‘The purchaser, even though at that place be no understanding to that consequence, is bound to pay involvement on the monetary value up to the twenty-four hours of payment at the rate of five per centper annum, randomly in the undermentioned instances: (a) if the thing sold and delivered outputs fruits or other net incomes ; (B) if, even though the thing yields no fruits or other net incomes, he has been called upon by agencies of a judicial hint to pay the monetary value ; (degree Celsiuss) if the bringing of the thing, being movable, has non taken topographic point through the mistake of the purchaser, and the marketer has called upon him, by agencies of a judicial hint, to take bringing of the thing: Provided that in the instances mentioned in paragraphs (B) and (degree Celsiuss) , involvement shall run merely from the twenty-four hours of the service of the said judicial intimatation.Undertaking director has besides engaged the services of an lineman, B. The contract stated that B had to finish the plants within two months harmonizing to a agenda of plants agreed to. Following the first month it is clear that B has non completed 1/3 of the plants he was to finish within the period of one month. It is clear to project director that B will non finish the plants within two months and now it will be possible for Project Manager to maintain to the timelines imposed on him by client merely if he hires a larger administration to make the plants alternatively of B. But these alternate service suppliers will be more expensive.What are the Project Manager’s options?The Project Manager has the right to register for amendss due to non-performance against the Electrician but would hol d to wait that the term of the contract has expired, as follows:Termination of Contract due to non-performance, ’ Civil Code 1640.( 1 ) it shall be lawful for the employer to fade out the contract, even though the work has been commenced. ( 3 ) If the employer has valid ground for the disintegration, he is to pay the contractor merely such amount which shall non transcend the disbursals and work of the contractor, after taking into consideration the utility of such disbursals and work to the employer every bit good as any amendss which he may hold suffered.’In such instances, choosing for Termination of Contract could ensue in farther holds. One of the Project Manager’s chief functions is to understate amendss, and hence the option of expiration may non be feasible and commercially practical. Punishments would hold been set up contractually that the party in inquiry ( in this instance Electrician B ) , should pay a certain sum for every twenty-four hours of hold . Naturally the Undertaking director would be exposed to liability towards the client but at least he would hold safeguarded himself against the Electrician..Who will hold to bear the addition in costs if Project Manager engages these new service suppliers?The addition in costs are to be incurred by the Electrician B. This includes the followers: Article 1135 of the Civil Code, ’†¦damages due to the creditor are, by and large, in regard of the loss which he has sustained, and the net income of which he has been deprived. Article 1136 of the Civil Code, ’the debitor shall merely be apt for such amendss as were or could hold been foreseen at the clip of the agreement.’Will it do a difference if Project Manager is moving as chief or agent?When a Undertaking Manager is moving as chief, he has to reply for the actions holds. If he’s moving as an agent for a 3rd party, he would be replying in the name of the party, provided that it is clear that the undertaking director is moving in the name of that 3rd party.Undertaking Manager requires pigment. He is approached by a individual who states that he is the local agent of an internationally celebrated industry and the said â€Å"agent† offers a really advantageous monetary value. Undertaking Manager orders the pigment, this is supplied and Project Manager pays for it. But before the pigment is used Project Manager sees a Notice in the newspaper stating that the international maker has nil to make with the â€Å"agent† and th at the â€Å"agent† is a fraudster. Undertaking Manager does non desire to utilize the pigment as he will non be covered by the â€Å"international guarantee† that was purportedly provided by the international maker. What are his options at jurisprudence?In the instance of fraud, the Project Manager has the right to register for nothingness of the understanding in inquiry. As stated in Article 981 of the Civil Code, ’Fraud shall be a cause of nothingness of the understanding Fraud. When the ruses practised by one of the parties were such that without them the other party would non hold contracted.’ The debitor, which in this instance is the agent providing the pigment, is to pay ‘the compensation in regard of the loss sustained by the creditor, and of the net income of which he was deprived, shall merely include such amendss as are the immediate and direct effect of the non-performance.’ ( Civil Code Article 1137 ) . When the mandatary ( provider of pigment ) acts beyond the authorization given to him by the authorization, he may be found responsible for those actions in his ain name. Page1of12

Year-round Schooling Arguement Essay

Well If your previous answer was yes, I have you know that you shouldn't. Imagine a whole year of finally succeeding in your honors classes, receiving all Ass and obtaining lots of new information. So as a reward your mother allows you to stay with your grandparents in Puerco Rice for the entire summer. You practically have the time of your life not even laying hands on a single book.When you arrive back and you attend your first day of school, you are shocked to see that you've practically forgotten all of the information of the past year. Now, you must waste your precious class time and time outside of school to regain all of that Information. Year-round schooling should be Implemented across the U. S. In order to improve retention. Reasons that it should be implemented is because programs that help increase retention over the summer are not accessible to everyone and even with good amounts of sleep, students do not perform any better on standardized tests.Some might say that summe r schools/tutoring programs to keep students Involved in learning In the summer are available to everyone, but that Is false. In reality, summer programs are accessible to those of higher income and not those of lower income because of this though students of lower income forget what they've learned over the course of the year. Summer vacation is causing those students to spend too much time outside of educational environment and because of that, their retention decreases.So, undeniably, year- mound schooling could stop summer break from sullying students' education. It is said that even with sufficient sleep, only half of students tested with year-round schooling made Adequate Yearly Progress. The real truth is that with smaller breaks in the year students got sufficient sleep which enhanced their memory. In addition to memory, sleep improves focus, stamina, and attention span. With year-round schooling students became more perennial with their work and were less likely inclined to cause a brouhaha class.It is ultimately up to the students' and staffs' illnesses whether or not to excel in school with year-round schooling, Just like regular school. It Is of common belief that students' performance In school Is solely based on their Intelligence and focus. However, society Is endlessly suggesting excuses in attempt to justify the factors counting against students' success in school. Factors such as how qualified a teacher is, teaching methods, the type of environment, or the amount of discipline in class can count against students' school excellence.Honestly, the possibilities are endless and the main hindrance to successful student education Is summer vacation. Mitchell Feldman, a writer had Douglas high school In Parkland, Florida, states research that â€Å"According to the university of Missouri and Tennessee State university, student achievement test scores decline over summer vacation and summer loss equals about one month on a grade level equivalent sca le. † He states that â€Å"If vacations were shortened, retention would increase. This Just proves only how detrimental summer vacation is, and how beneficial year-round schooling Is.Year-round schooling should be Implemented across the U. S. In order to Improve retention. Also because programs even with good amounts of sleep, students do not perform any better on standardized tests, and because summer break is a main factor in the academic failure of students. This academic failure will continue to worsen if year-round schooling isn't implemented. The question lies whether we should resume deteriorating the future of our schools, or make a change. So I ask you, does summer vacation seem all that worth it to you now?

The Best Health Care Jobs in California With No 4 Year Degree Required

The Best Health Care Jobs in California With No 4 Year Degree Required California is expected to have a pretty large shortage of health care workers by 2025. Many of these positions are a lower level that does not require a bachelor’s degree. So whether you’re looking to fall into the health care industry or you’re already firmly entrenched in it, Cali may be a great place for you to find a health care job, especially if you only have your associates degree.Here are some of the best jobs health care jobs in California for people without a bachelor’s degree. You can refer to the infographic for more information.1.  Diagnostic Medical Sonographer  2.  Registered Nurse3.  Medical Assistant4.  Medical Billing Specialist  5.  Pharmacy Technician  6.  Respiratory Therapist  7.  Surgical TechnologistSource: [sjvc.edu]

A Short History of the Architecture Profession

A Short History of the Architecture Profession Architecture was not always thought of as a profession. The architect was the person who could build structures that didnt fall down. In fact, the word architect comes from the Greek word for chief carpenter, architektÃ… n.  In the United States, architecture as a licensed profession changed in 1857. Before the 1800s, any talented and skilled person could become an architect through reading, apprenticeship, self-study, and admiration of the current ruling class. Ancient Greek and Roman rulers picked out the engineers whose work would make them look good. The great Gothic cathedrals in Europe were built by masons, carpenters, and other artisans and tradesmen. Over time, wealthy, educated aristocrats became key designers. They achieved their training informally, without established guidelines or standards. Today we consider these early builders and designers as architects: Vitruvius The Roman builder Marcus Vitruvius Pollio is often cited as the first architect. As chief engineer for Roman rulers such as Emperor Augustus, Vitruvius documented building methods and acceptable styles to be used by governments. His three principles of architecture- firmitas, utilitas, venustas- are used as models of what architecture should be even today. Palladio The famous Renaissance architect Andrea Palladio apprenticed as a stonecutter. He learned about the Classical Orders from scholars of ancient Greece and Rome- when Vitruvius De Architectura is translated, Palladio embraces ideas of symmetry and proportion. Wren Sir Christopher Wren, who designed some of Londons most important buildings after the Great Fire of 1666, was a mathematician and scientist. He educated himself through reading, travel, and meeting other designers. Jefferson When the American statesman Thomas Jefferson designed Monticello and other important buildings, he had learned about architecture through books by Renaissance masters like Palladio and Giacomo da Vignola. Jefferson also sketched his observations of Renaissance architecture when he was Minister to France. During the 1700 and 1800s, prestigious art academies like École des Beaux-Arts provided training in architecture with an emphasis on the Classical Orders. Many important architects in Europe and the American colonies received some of their education at École des Beaux-Arts. However, architects were not required to enroll in the Academy or any other formal educational program. There were no required exams or licensing regulations. The Influence of the AIA In the United States, architecture evolved as a highly organized profession when a group of prominent architects, including  Richard Morris Hunt, launched the AIA (American Institute of Architects). Founded on February 23, 1857, the AIA aspired to promote the scientific and practical perfection of its members and elevate the standing of the profession. Other founding members included Charles Babcock, H. W. Cleaveland, Henry Dudley, Leopold Eidlitz, Edward Gardiner, J. Wrey Mould, Fred A. Petersen, J. M. Priest, Richard Upjohn, John Welch, and Joseph C. Wells. Americas earliest AIA architects established their careers during turbulent times. In 1857 the nation was on the brink of Civil War and, after years of economic prosperity, America plunged into depression in the Panic of 1857. The American Institute of Architects doggedly laid the foundations for establishing architecture as a profession. The organization brought standards of ethical conduct- professionalsim- to Americas planners and designers. As the AIA grew, it established standardized contracts and developed policies for the training and credentialing of architects. The AIA itself does not issue licenses nor is it a requirement to be a member of the AIA. The AIA is a professional organization- a community of architects led by architects. The newly formed AIA did not have funds to create a national architecture school but gave organizational support to new programs for architecture studies at established schools. The earliest architecture schools in the US included the Massachusetts Institute of Technology (1868), Cornell (1871), the University of Illinois (1873), Columbia University (1881), and Tuskegee (1881). Today, over one hundred architecture school programs in the United States are accredited by the National Architectural Accrediting Board (NAAB), which standardizes the education and training of US architects. NAAB is the only agency in the US that is authorized to accredit professional degree programs in architecture. Canada has a similar agency, the Canadian Architectural Certification Board (CACB). In 1897, Illinois was the first state in the US to adopt a licensing law for architects. Other states followed slowly over the next 50 years. Today, a professional license is required of all architects who practice in the US. Standards for licensing are regulated by the National Council of Architectural Registration Boards (NCARB). Medical doctors cannot practice medicine without a license and neither can architects. You wouldnt want an untrained and unlicensed doctor treating your medical condition, so you shouldnt want an untrained, unlicensed architect build that high rise office building in which you work. A licensed profession is a path toward a safer world. Learn More The Architects Handbook of Professional Practice by the American Institute of Architects, Wiley, 2013Architect? A Candid Guide to the Profession by Roger K. Lewis, MIT Press, 1998From Craft to Profession: The Practice of Architecture in Nineteenth-Century America by Mary N. Woods, University of California Press, 1999The Architect: Chapters in the History of the Profession by Spiro Kostof, Oxford University Press, 1977

Web Blog - Essay Example | Topics and Well Written Essays - 250 words

Web Blog - - Essay Example We must also consider that there is a legislation which does not allow abortion in advanced stages of pregnancy. So we can start an endless debate on when is the fetus considered as a living being, or support a law that is made to protect whether women and babies (it is advisable to abort under 21 weeks, but it is protected by the law until week 24). We must also consider the fact that, having an abortion is an operation and, by no means, women are making this decision lightly. Maybe, if talking clearly to teenagers about sex and methods of contraception was not such a big taboo, they will have enough information to make a better decision. If they are concerned about the importance of prevention and taking care of their health, they will be able to avoid unwanted pregnancies and will be much more responsible persons. But in the case they got pregnant, it is always better to have the opportunity and the adequate means to decide if they want to terminate their pregnancy or not. Sexual education is extremely important, as it is the best way to avoid abortion and to bring up responsible and careful persons. It is simply just not logical to get stuck into a position which gives priority to the fetus and not to the women’s life, and which does not allow women to decide by their selves if they want or not to have a