Essay on The Death and Transfiguration of Poetry - 897 Words

Sagar Gohel D. Samaha English 2 Honors September 30, 2012 The Death and Transfiguration of Poetry One of the greatest poetic minds of the 20th Century once said, â€Å"Poetry is not a turning loose of emotion, but an escape from emotion; it is not the expression of personality, but an escape from personality. But, of course, only those who have personality and emotions know what it means to want to escape from these things.† It was Solari’s chief aspiration to show this to the world. â€Å"The Death and Transfiguration of a Teacher† was the story of a classroom full of children that slaughtered their teacher out of the clear blue, and then, â€Å"cannibalistically disposed of her remains.†(Solari 198) The children are then individually questioned,†¦show more content†¦Poetry gives meaning to life and is an expression of the self, but these people of the school, did not realize it. They were not real people; they were just lifeless â€Å"stuffed animals† However, once the teacher is murdered, and poetry is removed from the lives of the children, all is not as well as one would expect. â€Å"The teacher was dead; she had been cannibalistically cut up by the girls who, after killing her, cannibalistically disposed of her remains.† (Solari 198) This story is one of much symbolic importance, and in one way, the teacher herself represents poetry in society. After the teacher was killed, the people finally realized how much she had meant to the school. The principal is shocked to see this teacher dead, but the parents of the children, are not so preoccupied with the death of the teacher. At an emergency PTA meeting held to decide what should be done with their predicament, fathers began to only worry about the damaging nature of stopping their daughters’ studies, without a single feeling of sorrow for the loss of the teacher. After all agreeing to release the information to the police and the press, the public goes mad. This was the story of a lifetime, a news reporters dream, â€Å"The whole thing was blown up in the press and newspapers sold like hotcak es,† (Solari 201) but all things come to an end at some point; after some time, all hype and confusionShow MoreRelatedAnalysis Of The Poem Raffaello Sanzio Da Urbino 1334 Words   |  6 Pagesregarded; some considered Raphael to be the incarnation of painting itself and others said he was the greatest painter of the western world. Even those who had a low opinion of Raphael gave him credit for his greatness. His final painting, The Transfiguration, demonstrates the epitome of his renowned techniques, harmonious color choices, ease of composition, and clarity of form in a wonderful piece from the Italian Renaissance. Historical Context 1450-1600 Before appreciating the quality of Raphael’sRead MoreEssay on Anne Bradstreet: The Pioneer Puritan Poet1124 Words   |  5 Pageslife. Her dedicated Puritan beliefs greatly molded her writings. Many of her poems contain references to sin, redemption, and immortality among other recurrent Puritan topics (â€Å"Anne Bradstreet†). Anne Bradstreet’s published poetry collections were the first published works of poetry by an English-American (Eberwein 161-163). Anne Bradstreet was a groundbreaking writer as the first English-American poet of her time; her life experiences, Puritan beliefs, and family greatly influenced her writing topicsRead MoreFilm Analysis :samson ( Hwv 57 )1304 Words   |  6 Pagesnew ideas of harmony and harmonic motion while staying true to the other German contemporaries. Die Mainacht is the second song from his opus 43 of four songs. 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The second Vatican chamber, the Stanza dEliodoro, contains scenes representing the triumph of the Roman Catholic church over their enemies(Microsoft Encarta n.pag.). Upon the death of Pope Julius II, Raphael was made chief architect of Saint Peters Basilica and later appointed director of all the excavations of antiquitiesRead MoreThe Scarlet Letter, By Nathaniel Hawthorne1510 Words   |  7 PagesScarlet Letter, he also envisions a hopeful future for women in which â€Å"sacred love should make [them] happy† (166). However, our present setting tells us a different story. We are presented with the problem of â€Å"slut shaming†: a subtle, yet deadly transfiguration of a woman’s passion and â€Å"sacred love† into moral frailty and opprobrium. As a male, I do not have the same authority to speak on this topic as someone who has experienced it firsthand would. I am a part of the problem, but so is our patriarchalRead More The Beginnings of a National Litera ry Tradition Essay3802 Words   |  16 PagesConfederation Poets, consisted of four main authors: Charles G.D. Roberts, Bliss Carman, Duncan Campbell Scott, and Archibald Lampman. The Poets ofConfederation established what can legitimately be called the first distinct school of Canadian poetry(17, Keith). The term ‘The Poets of Confederation is a misnomer since not one of these poets/authors was more than ten years old when the Dominion of Canada was formed in 1867. However, all of these writers were aware of the lack of a distinctive

My Experience With My Family - 892 Words

Learning about my heritage and my family has always fascinated me, and doing this cultural genogram was an awesome experience to learn more about my family. To complete this project I interview my mom who is the genealogist for both sides of my family. My nuclear family is small and predominately female, and it consists of my dad, Edward-age 65, my mom, Wendy-age 57, my older sister, Julie-age 23, and myself-age 19. Right now my parents have been married for 30 years and have entered the are empty nest stage since I dorm at college, and my sister lives in another town. More recently, in our family, my sister delivered a healthy baby boy in august with no prenatal complications; making my parents grandparents and myself an aunt. Additionally, unlike most families, my parents had switched roles while I was growing up. My dad has been disabled for about 24 years and was retired by the time both of my sister and I were born, so he became a stay home dad and took on the more domestic role s, while my mom supported the family financially. Unfortunately many families like ours were faced with economic troubles when we went into the recession a few years back. In 2010, my mom lost her job and now she just has a temporary job. On the bright side, my family recently saw both of their daughters graduated high school and complete their Girl Scout Gold Award. After high school my sister went to community college, and I choose to go Felician College. No matter what obstacle orShow MoreRelatedMy Experience With My Family861 Words   |  4 PagesWhen I think back to my childhood I remember happy experience and how happy my family. For me that happiness lasted until about when I was in sixth grade because it was the time my parents were going through a divorce. I understood that they stuck together until sister and I were old enough to understand. At the time that they were going finalizing the divorce it affected my school work a little. I’m already a reserved person a it is, but it made me lock myself inside out of the room, not speak forRead MoreMy Experience With My Family1817 Words   |  8 PagesDisneyland where they will experience a dream of a lifetime. One moment I want to experience again is when my family took me to Disneyland especially when my father was still alive. My father died of pancreatic cancer when I was five years old, but I did not understand the concept of his death, so I did not feel any sadness or grief for him until I was eight years old where I finally understood the impact of his death which struck me to tears. I have heard mostly good things from my mother and other closeRead MoreMy Family Experience1137 Words   |  5 PagesFamily Experience My family has been a huge influence on my life choices, as well as my career choices. The concept of helping and being there for someone in need has always been a strong characteristic for my family. No one goes through a hard ship alone, nor does anyone never have someone they can’t count on. I feel the strong sense of helping that was instilled me since I was young has been an important driving factor in my choice to have a career in a helping profession, such as becoming a registeredRead MoreMy Experience With My Family1002 Words   |  5 PagesWhile working on my genogram I found it a bit difficult to put it all onto a page. I have information dating back to my great great, grandparents on both side of my parents. Although I do not have all the information pertaining to my great aunts and uncles etc. I do have most of the information from my great great, grandparents down to my parents. My great grandfather on my mom’s side died of old age at 96 years, while his f irst wife died of breast cancer sometime in the late 40’s. His second wifeRead MoreMy Experience At My Family1445 Words   |  6 Pagesand my race doesn’t start till 11:30. I should get on the shower so I can wake up, but I’m not ready to have my last race of my high school career. In the shower, I began to panic about how life was moving too fast, and I told myself to calm down. I got out of the shower ran to my room and began gathering my clothes that I needed. I out my clothes on and my mom yells out â€Å"Marcus!! What do you want for breakfast!?† she said. I yell out â€Å"Oatmeal† and I go outside and I began to pray to all my ancestorsRead MoreMy Experience Of My Family725 Words   |  3 PagesAs I step out of my room, it seems to be that everyone is quiet and all the members in the family members seem to be doing their own thing. The feeling of home compared to camping or school is one complete and different feeling. When I enter my house, it is silent so that we can take a personal break from school and my parents could enjoy tea or watch Asian drama’s. To my perspective, my family is a kind one that takes great care and provides secondary help if needed in any sort of way. AlthoughRead MoreMy Experience With My Family1009 Words   |  5 Pagessocioeconomic backgrounds. My mother would always share valuable life lessons with my siblings and me. One, in particular, I remember even to this day is, â€Å"Life is only as challenging or motivating as you make it†. I did not quite understand what this meant as a child; but as I got older, I understood what my mother was conveying. Although life for me has been both good and bad, it seemed to be better than my childhood friends. If you knew the real story, you would see that my life is not as perfect Read MoreMy Experience In My Family796 Words   |  4 PagesGrowing up, I lived a calm and peaceful life in Mongolia with my mother, father, older brother and sister. My family was perfect to me, there was nothing but love between the five of us. My father always had a belief that as children, we need to be able to explore and learn without any limitations. As a young child, I remember drawing on the walls of our home and learning the alphabet from my older brother before even entering kindergarten, as well as doing simple math problems. 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We advised him also to be positive in everything he does and always believe that there is always sunshine after the rain. This was also the moment of struggling, in search

Nonverbal Communication in an Emergency Room Free Essays

string(73) " close to someone next to you was essential for the purpose of the room\." For this project I had to decide upon and visit an environment that I would not normally be in. This environment had to be different from my normal and more comfortable surroundings, in which I thought the nonverbal communication patterns would differ from my own. I made my observations over two days. We will write a custom essay sample on Nonverbal Communication in an Emergency Room or any similar topic only for you Order Now The environment I chose to observe was an emergency room waiting area. I chose this because I figured the people that I would be observing would not necessarily be very different from me, but I figured that they would be in a different emotional state then I was. I was just an observer in the emergency room while everyone else was there because of some sort of serious medical issue. During my observations I tried to identify any emblems, adaptors, affect displays, eye gaze patterns, regulators, and illustrators and interpret why they might be occurring and what they mean. I also studied and interpreted the impact of the environment itself and what effect it might have had on the people in it. I took a seat toward the back of the room to get the largest possible view of the waiting room. The overall feeling was fairly comfortable and it was not intimidating. The first thing I noticed was that the lighting in the waiting room was dimmer than the lighting in the rest of the hospital. It seemed like mood lighting to me and compared to the fluorescent lit rooms in the rest of the hospital it was more relaxing. The wall facing the outside was basically a wall of tinted windows looking into the parking lot. The windows were tinted to let in a comfortable amount of sunlight without it being too bright. I think the goal was to allow as much natural light in as possible. This would be a good idea in a waiting room because the windows can help reduce the feeling of being â€Å"stuck† there. There were a couple televisions mounted on the wall. Obviously, these were put there to help waiting patients and visitors pass the time. But I would also argue that the televisions were placed there to make the waiting room more familiar and comfortable like someone’s living room. The color of the wallpaper was a very dull, khaki, color. I think that color was picked because it is a neutral color that would not evoke any emotion. Another thing I took note of was how the seating arrangement was laid out. The room was a rectangle shape. The chairs lined the walls and outlined the shape of he room. Other chairs were placed in the middle of the room around a couple of coffee tables. It didn’t seem to make sense at first. However, the more I stared at it, the more it made sense. The chairs seemed arranged to accommodate the different types of groups that would be sitting there. Some rows were long and straight without any other rows opposite them, which I thought would be suitable for somebody waiting alone and might not want to be facing any strangers and keep to themselves. Other rows were arranged to give you the option to sit face to face with someone. There were also some rows that were arranged in a square facing each other but further apart, possibly so that if you wanted to talk to somebody you didn’t know, you had the option to do so, without it feeling obligated or awkward. At the end of the rectangle-shaped room, in the back left and right corners, were two additional areas. One was a â€Å"family consultation room† and the other area was the â€Å"children’s play area. † These two environments differed from the rest of the waiting room. The children’s play area was in the corner and was made to be a fun environment. There was a small, pink, round table with four matching chairs. The ceiling dropped down and was lower than the rest of the room as you entered the play area. I felt this made it cozier for children because the ceiling height was more in proportion to a smaller child’s height. The paint on the walls changed also. It had the same color wall as the rest of the waiting room but there was a big, blue, zigzag pattern that started half way up the wall and wrapped around the perimeter of the play area. It seemed appropriate because even without the label on the wall, the area was clearly a children’s play area. The pattern also set a playful mood. The emergency room can be a stressful place and having to a specific place for children to feel comfortable in was a good idea. The second area was a â€Å"family consultation room. † This was an additional room in the back right corner. This room is for families that have received devastating information about a patient in the emergency room. The room has a door but it was open and unoccupied at the times I was there. This room also had a different feel then the waiting room just outside. As you would imagine it had a very comforting feel. The walls were a light blue color that seemed to be painted on with a sponge. This room also had a wall of windows but it had an optional pull-down shade to cover the windows if desired. The chairs in this room were different too. There were a set of two normal chairs, a couch and a two-seat bench. The couch had room for three people and the bench had room for two. The couch and bench were different from the seats in the other rooms because these did not have any dividers between the seats. I think the idea behind that was that the room was an area to be close with friends and family. Having places to sit were you can be close to someone next to you was essential for the purpose of the room. You read "Nonverbal Communication in an Emergency Room" in category "Essay examples" After making notes about the environment I started making notes on everything I saw people doing, and taking note of the different types of people I was observing. I also intentionally put on headphones so that I would only be interpreting non verbal behaviors. Some of the emblems I saw were unique to the individual, while others were repeated among a lot of people. One that I saw a lot of people doing was to put an arm around the person sitting next to them. Along that same line, people were holding each other’s hands, as well as putting a hand on somebody’s leg. The triage nurse that was calling new arrivals into triage rooms used her hands and body movement to direct people to come with her and to direct them into specific rooms. She would call out someone’s name and when that person acknowledged that they heard her she would invite them over with a wave of her hand. I also saw her point to one of the triage rooms without saying anything when a doctor walked into the waiting room. The doctor had come in and looked at her with a questioning facial expression. She answered his non verbal question with a non verbal answer. She pointed to the second of two triage rooms. That was the answer the doctor was looking for because he entered the triage room without a word. Other conversational examples that were simpler were things such as a person shaking or nodding their head as a response to someone else talking to them. One woman was actually nodding and shaking her head in response to whoever she was talking to on her cell phone. There were a lot of adaptors throughout the entire room, visitors, patients and hospital staff alike. A few of them were actually common throughout the room, not always simultaneous, but at some point or another they were repeated by others. One such adaptor was bouncing a leg up and down while talking or waiting. A couple of people also kept shifting in their chairs while talking. The two most common I saw with people’s hands were drumming their fingers on the arm rest, or rubbing their hands incessantly. One that I only saw once was a girl who every few minutes had to switch the position of her feet that were propped up on a coffee table in front of her. She seemed to be doing it out of boredom or restlessness. I felt she was doing it too often for it to have been the result of her feet being uncomfortable from being in the same position for too long. Others that I noticed were small. A security guard that passed through a few times had the consistent habit of playing with his set of keys attached to his belt. I spotted one of the nurses at the information desk had a habit of tapping the end of her pen gently on her two front teeth while she was pausing to look up anything on her computer. Most of the affect displays throughout the room were revealers, and very similar to each other, without much change from when I entered to when I left. The first thing I noticed was that nobody was smiling. The only smiles I noticed were fake smiles. The person smiling was forcing the smile. This occurred a lot within groups sitting together when they weren’t talking. A mother â€Å"smiled† at her son but her eyebrows were furrowed and pulled together, and her eyes remained unexpressive. The mother’s â€Å"smile† was a sign of reassurance and maybe it was interpreted by her son as a real smile, but the mother was clearly worried. Most of the people in the room had blank expressions or just a slight frown. It seemed as if everyone was in deep thought and most people did not look thrilled to be there. Eye gaze patterns throughout the room varied quite a bit depending on the person’s situation. A group that was sitting together in the area of chairs facing each other kept the most eye contact with each other while talking and seemed very comfortable with it. There was another group that was not as good at making eye contact. The group consisted of an elderly woman in a wheelchair along with a middle aged man and woman. The man looked very agitated. He sat with his body positioned forward toward his companions, but his head was turned completely to the side so that he was looking out the windows. He had his elbow propped on the back of the chair next to him, his chin was resting in his hand and his fingers were covering his mouth. When one of the women talked to him his eyes darted to the one speaking to him but quickly went back to the windows as he answered. The women exchanged glances with each other that seemed to let the other know that they both picked up on his agitation and should probably let him be. A few people’s gazes were all over the place. Those people seemed to be the ones that had nothing to do. They were sitting there without a magazine or anything to distract them. Another person sitting alone also mainly looked at their lap or the ground, occasionally locking eyes with a stranger sitting across from them and quickly looking away. The same thing happened to me with a girl sitting opposite of me. We kept making eye contact when I was looking around the room for examples. I’m pretty sure she was trying to figure out what I was doing. I do think she did figure out that I was making some sort of observations and recording them because she started to avert her eyes more quickly the next two times we made eye contact. Regulators were hard to spot because, for the most part, nobody was talking to each other, with the exception of the two groups near me. In the corner what I noticed was, while the man was listening to the woman, he sat back in his chair, body turned towards her, and nodded his head. When it was his turn to speak, he did the opposite and sat up and leaned more towards her and looked around more. The family was all fairly reserved while listening; hands in their laps, bodies turned towards the speaker, but were more animated with their hands and body shifting as they spoke. The illustrators I saw were mostly emphasizing or helping illustrate something somebody was saying. I watched one funny example play out between the two girls in front of me. I never heard what they were talking about but at one point they both put their arms out to their sides and touched the tip of their noses with their pointer fingers. They were discussing either a field sobriety test given by a police officer or a balance test given by a doctor. Another example like this helping explain speech was a young man holding both of his closed fists together and snapping them apart while talking to a woman he was with. I determined he was explaining what had happened to his leg since he was in a wheelchair and his leg was wrapped. Those were the only specific illustrators I saw that seemed to have some type of meaning, where the most common thing was just random gesturing of people’s hands as they spoke. This did not always seem to have any direct connection to what they were speaking about. The adaptors I saw had clear and similar messages with each other. One man came off as stressed and anxious because he was rubbing and squeezing his hands together very roughly without seeming to be aware of it. Fidgeting with his hands seemed to help him take away from the stress he was feeling. Similar to the man rubbing his hands was the girl shifting the position of her propped up feet. She was releasing energy through movement of her feet. It seemed as though she didn’t want to be sitting and would rather be moving around. Most of the prescriptive interpretations I came up with for the behaviors observed came to me immediately as I saw them, as most of them seemed to convey a very clear message in my mind. Almost all of the emblems I saw were various people putting an arm around the person’s shoulder sitting next to them, holding their hand, or putting their hand on their leg. Touch is a powerful form communication. These all were ways of conveying to the other person that they were there for them, to comfort them and help them in this emotional time, and that everything would be alright. I didn’t have to do too much adjusting once I entered the room. I didn’t stick out anymore than anybody else did as far as my clothing went. Since this is an emergency clinic, I assumed that none of these people planned to be here so there really was no particular style of dress. Also, the fact that I was there alone and not talking to anybody actually helped me blend in. There were plenty of people alone and keeping to themselves. The only time I felt like I wasn’t blending in was when the girl in front of me noticed I was writing about the room. That happened on the first day. The second day I went into the emergency waiting room, I wore a hat to better conceal my face and what my eyes were doing. Overall I thought what I found was pretty interesting because I have been in this environment before, noticing most of these things, but the observations this time were put in a whole new perspective because I had to consciously interpret each one, instead of casually noting them. What I think was unique and interesting about this environment was the fact that, although everybody in the room could have easily been of a different ethnicity, gender, age, religion, or political affiliation than each other, they all still had a very similar communication style and seemed to convey the same general emotions. The overall communication was mostly nonverbal simply for the fact that there was very little talking. However, the non verbal communication that was happening was easily interpreted by the people I was observing. There are few places you can go where the overall internal state of mind and emotions will be so universally contained within one room and made this an excellent location. This exercise made me realize how much and how effectively we communicate as humans without even talking. How to cite Nonverbal Communication in an Emergency Room, Essay examples

Significance of the Exclusionary Rule-Free-Samples for Students

Question: Discuss about the significance of the Exclusionary rule that has been developed to safeguard the protection guaranteed by the Fourth Amendment in the US Constitution. Answer: Introduction The exclusionary rule is considered as a legal rule that is used in the US Constitution, which states that any evidence seized by the police illegally against the defendant, such evidence shall not be submitted during the criminal trials. Evidence is permitted to be presented before the court during trials of the criminals. The evidence that are relevant are only admissible in the court, which implies that the evidence must be such that it establishes the existence of any material fact related to the case. The exclusionary rule has been sanctioned to enforce the right of the citizens to be secure in their homes against the any illegitimate governmental interference (Kerr, 2016). However, the rule has been restricting the application of this rule only to evidences that have been obtained illegally by the police. This rule has been considered a deterrent to police misconduct. The Exclusionary Rule The exclusionary rule prevents the US government from submitting any evidence in trial that has been obtained illegally in contravention of the Fourth Amendment. The Fourth Amendment ensures protection against illegal seizure and search. The doctrine of exclusionary rule used in the US courts has been sanctioned to deter police and other law enforcement agents from obtaining evidence unreasonably and illegally (Cole, 2015). This rule has been sanctioned in protection of the right of the people to be secured in their homes and to be protected against illegal search and seizures. If an evidence is banned or forbidden from being submitted to the court, it implies that the evidence collected against the defendant cannot be used against him during his trial, provided such evidence has been collected illegally. Background of the Exclusionary Doctrine At Common law, the legitimacy of the method to collect evidence had no relevance with the admissibility of such evidence that is, the court was not concerned whether the evidence submitted was obtained legally or illegally neither it formed any issue with respect to the determination of the question. However, in 1886, the Supreme Court paved the way for the establishment of the exclusionary rule in Boyd v United States [1886] 116 US 616. In this case, the court held it is important to ensure that a liberal approach should be applied while interpreting the constitutional provisions pertaining to security of person and property (Cole, 2015). The liberal construction principle led to the way establishment of the exclusionary rule that was ultimately brought up in the landmark case of Weeks v United States [1914] 232 US 383. In this landmark case, a US Marshall seized evidence from the home of the defendant without any arrest or search warrant against Mr. Weeks. Moreover, such evidence was seized without the consent of Mr. Weeks, the defendant. The court held that if evidence is seized in this manner and used against the defendant, it should amount to a contravention of the protection guaranteed in the Fourth Amendment; therefore, such evidence shall have no value. The court further reasoned that the Fourth amendment subjects the Federal and US officials to restrictions with respect to the exercise of their authority and power. Hence, the Court established that the evidence obtained by the Federal agents in a manner that contravenes the Fourth Amendment rights should not be included in the criminal prosecution against the defendant. Further, in Mapp v Ohio [1961] 367 US 643, the Supreme Court held that the exclusionary rule is applicable to the states. Furthermore, the decision in Miranda v Arizona [1966] 384 U.S. 436 established that the exclusionary rule is applicable to self-incriminatory statements that have been obtained improperly, resulting in contravention of the Fifth Amendment. The Fourth Amendment and the Exclusion rule The Fourth Amendment under the US Constitution was enforced with the objective of ensuring security of every person in his or her respective homes. The underlying principle of this amendment is that each mans castle is his home and every man is safeguarded from arbitrary and illegal police arrests (Kerr, 2016). The Fourth Amendment ensures that no person is subjected to unreasonable seizures and searches of their respective properties by the US government. This Constitutional amendment is based on the law regarding stop-and-frisk, search warrants and any other forms of safety inspections, wiretaps etc. the Fourth Amendment is fundamental to privacy law and other aspects of criminal law. This legal provision stipulated under the Fourth Amendment aims at safeguarding the privacy right of the people by deterring unnecessary and illegal intrusion from the US Government. In other words, the Fourth Amendment does not ensure safety for search and seizures that the governmental officials carry out legally and on a valid legal ground. Therefore, in order to claim contravention of the Fourth Amendment, the court shall determine whether such intrusion has violated any of the rights of the claimant, where the claimant expected privacy and such intrusion has violated the privacy right. Significance of the Exclusionary rule The introduction of the exclusionary rule in the Fourth Amendment has been made to deter police misconduct and enables the courts to exclude admissibility of any incriminating evidence during trial provided the defendant establishes that the evidence was obtained in violation of a constitutional provision (Kerr, 2016). This doctrine permits the defendants to challenge the evidence obtained illegally by initiating a pre-trial motion in order to suppress the evidence. However, if the court permits the evidence to be submitted during trial and the jury votes in favor of conviction, the defendant is entitled to prefer an appeal to challenge the correctness of the decision taken by the court regarding denial of the motion to suppress. Although the Supreme Court had established in Lockhart v Nelson [1988] 488 USS 33 that the defendant is not barred from the retrial, however, if the defendant is convicted in the second trial and the evidence suppressed by the applying the exclusionary rule is crucial to the prosecution. The doctrine of Fruit of the Poisonous Tree This legal doctrine Fruit of the Poisonous tree states that an evidence obtained through illegal search, seizure, interrogation or arrest is not admissible before the court as the evidence is tainted due to the illegal method in which it has been obtained. In other words, this doctrine is considered as a companion to the exclusionary rule, as this doctrine not only excludes evidence from trial that has been obtained in contravention of the Constitution but it also excludes any other evidence that has been obtained through the illegal search or seizure (Kerr, 2016). For instance, police put a wiretap on a drug-dealers phone without obtaining any warrant for the same. Now, the suspect discloses that he has drugs hidden under a dumpster and the buyer picks it from the dumpster. The police finds the place and seize the drugs and such illegal phone calls shall not be admissible to the court which is signified as the poisonous tree and the drugs seized as the outcome of the illegal phone call shall not be admissible either as it is signified as the fruit of the poisonous tree. Exceptions to the Exclusionary Rule Although the rationale behind the establishment of the exclusionary rule is to deter the law enforcement officers from conducting illegal searches and seizures contravention of the Fourth amendment, thus, providing remedies to the defendants whose rights have been infringed. However, since this doctrine is a court made rule unlike an independent constitutional right, hence, courts have provided with exceptions to the application of this rule. The exceptions are enumerated as below: Good faith- if a police officer relies on search warrant and collect evidence but such search warrant turns out to be invalid, under such circumstances, the evidence shall not be excluded from being admissible (Kerr, 2016). This exception as established in the landmark case United States v Leon [1983] 104 S Ct. 3405 and in Arizona v Evans [1995] 514 US1. Further, in the case Illinois v Krull [1987], the court held that evidence is admissible if the officers rely on nay statute that has been later repealed. Furthermore, in Herring v US [2009], the Court found that the good faith exception should be applicable against the exclusionary rule when the police employees mistakenly failed to maintain warrant database records. Doctrine of Independent source- any evidence that has been excluded initially for being obtained illegally may be later admissible provided the same evidence has been obtained after lawful seizure or search. This exception was established in the case of Nix v Williams [1984] for the first time and then this rule has been interpreted in Murray v US [1988]. Doctrine of Attenuation under circumstances where the challenged evidence and the unconstitutional conduct is not directly related and attenuated, the evidence shall become admissible as was established in Utah v Strieff [2016] and Brown v Illinois [1975]. The court shall determine three essential factors to apply this exception: presence of interference, temporal proximity and purpose of official misconduct. Doctrine of Inevitable Discovery in Nix v Williams it was established that any evidence discovered illegally shall be admissible if it is clear that such evidence would otherwise have been discovered even if the investigations were carried out lawfully. Evidence admissible for Impeachment- In Harris v New York [1971], the Supreme Court established that this exception shall be used as truth-detecting factor to avert perjury but such evidence shall be admissible only for impeachment and not to establish guilt. Conclusion From the above discussion, it can be inferred that the exclusionary rule that has been developed to allow the defendant to suppress certain evidences that are admitted against them on the ground that such evidence has been collected through illegal means and violates their rights guaranteed under the Fourth Amendment. A motion to suppress evidence is a request that is made by the defendant before the court to exclude such evidences from the trial proceedings for the illegal manner it has been obtained by the law enforcement officials (Kerr, 2016). The exclusionary rule has been subjected to limited applications as this rule merely deters the police officers from using illegal means to collect evidence and use it against the defendant, violating the legal provision of the Fourth Amendment and the rights of such defendants. If any police officers or law enforcement officers do not have a search or seizure warrant against any person, the rule prohibits such officers to search or seize any property of such person rendering such search or seizure as well as the evidence obtained through such illegal procedures as invalid and unlawful. The rule though safeguards the rights guaranteed to the people by the Fourth amendment but not the extent that justice cannot be administered. Reference list Arizona v Evans [1995] 514 US1 Boyd v United States [1886] 116 US 616 Brown v Illinois. [1975] 422 U.S. 590 Cole, S. C. (2015). De-Clawing Katz: Emerging Technology and the Exclusionary Rule.SMU Sci. Tech. L. Rev.,18, 47. Harris v New York [1971]. 401 U.S. 222 Herring v US (2009) 555 U.S. 135 Illinois v Krull (1987) 480 U.S. 340, Kerr, O. S. (2016). The Effect of Legislation on Fourth Amendment Protection.Mich. L. Rev.,115, 1117. Lockhart v Nelson [1988] 488 USS 33 Mapp v Ohio 367 US 643 Miranda v Arizona [1966] 384 U.S. 436 Murray v US (1988) 487 U.S. 533 Nix v Williams (1984),467 U.S. 431 United States v Leon [1983] 104 S Ct. 3405 Utah v Strieff (2016) 579 U.S. ___, 136 S. Ct. 2056 Weeks v United States [1914] 232 US 383

Supply Chain Game

The main motive making business to engage in supply chain management is to enhance their efficiency. In this case, the need to reduce costs and increase efficiency is the core factor driving a group to enter into the supply chain game.Advertising We will write a custom report sample on Supply Chain Game specifically for you for only $16.05 $11/page Learn More Basically, supply chain management entails the identification of potential suppliers or business partners who will be in a position to supply the business with products, services or raw materials for enhancing production and distribution of goods. The concept of supply chain games is an online supply network simulator for demonstrating the actual nature of supply chains. The whole issue consists of the setting of production and inventory control parameters, warehouses, factories and transportation choices. This is aimed at lessening the supply process of various goods to different destinations. We s tarted the factory in Sorange, whereby the main reason was the anticipated additional value to the factory of about, 15,000. The processes of shipping, supplies and satisfying demand were undertaken so as to grantee quality and efficiency. The acquisition of new supplies forms other factories like Calopeia and Entworpe was based on the need to boost efficiency and add value. Satisfying of quality was a key requirement for the company thus helping in realization of its objectives. The main process by the team was to identify its needs in terms of products and raw materials. This is a vital and basic process in entering the supply chain games. This is followed by identification and contacting of potential suppliers. The evaluation of prices and other logistical issues of the suppliers are also put into consideration so as to enhance efficiency. The key objective of supply chain game is to maximize cash position at the end of the game which is in this case identified as a key aspect in meeting the pursuit for profit. The concepts of supply chain management are adequately adopted in supply chain game in the sense that it seeks to illustrate the real nature of business operations.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Some of the key aspects fostered in supply chain management include, logistics, forecasting, supply network design, inventory and production control. By adhering to these phenomena, business entities entailed in the practice of supply chain management are able to streamline its operations. This enhances in the enhancement of efficiency in timely delivery as well as provision of quality services. This is so because the parties involved in the processes are put under strict supervision and evaluation to ensure high quality standards. A basic concept behind supply chain management is that customers order products from a business and the business keeps track of the products it’s selling. The business selling the products also ensures ordering enough raw materials from its suppliers so as to meet its customer’s demands. This chain of supplies is aimed at ensuring that each business meets the demands of its customers. It is the obligation of a business to put its supplier accountable for the quality and timely delivery of its supplies. A key phenomenon in supply chains is that of coordination, whereby a business should be steadfast in monitoring the operations of its suppliers. It should be noted that each group has control over a certain group of supply chain. Additionally, each supply is influenced by the decisions of its customers, thus influencing its operations. The supply chain game is guided by common principles and fundamentals. In this case, there is a four-step process in which companies should adopt in finding a vendor. Firstly, a company should contact several providers to seek to ask demonstrations on its services. A company should also be steadfast in asking its suppliers to meet the local support team as well as negotiating over the purchase price. From another perspective, a company should select a partner and solution to its needs.Advertising We will write a custom report sample on Supply Chain Game specifically for you for only $16.05 $11/page Learn More By adhering to these steps, the issue of supply chain management will be perfected thus enhancing success of the company. Other key aspects to consider in supply chain management are the aspects of platform, suites and assemblies. This will help in boosting efficiency in the issues of supply chains. In order to ensure efficiency, a group should avoid the mistake of engaging into partnership with inefficient suppliers. This may be in terms of high pricing, delays in delivery and low quality. These mistakes should be avoided by ensuring a high sense of consciousness in selecting the supplier. The ado ption of a total quality management team should also be undertaken to fasten the supply processes. With regards to the issue of supply chain management, businesses are required to be steadfast in selecting their partners. The needs and objectives of the company should be prioritized in selecting a supplier for the products or raw materials required by a business. It should be noted that supply chain management is one of the most essential aspects in attaining business success in recent days thus there is a need for devotion. Transaction History Day Parameter New Value 730 Order point: Calopeia factory to Calopeia warehouse. 15,000 730 Shipping from Calopeia factory to Calopeia warehouse. truck 730 Satisfy demand in Sorange from Calopeia warehouse. allow 730 Satisfy demand in Tyran from Calopeia warehouse. allow 730 Satisfy demand in Entworpe from Calopeia warehouse. allow 730 Schedule factory capacity change in Sorange 55 730 Shipping from Sorange factory to Calopei a warehouse. truck 730 Order quantity: Sorange factory to Calopeia warehouse. 200 730 Order point: Sorange factory to Calopeia warehouse. 15,000 730 Schedule warehouse in Sorange . 730 Order quantity: Sorange factory to Sorange warehouse. 200 730 Order point: Sorange factory to Sorange warehouse. 15,000 730 Satisfy demand in Calopeia from Sorange warehouse. block 730 Satisfy demand in Tyran from Sorange warehouse. block 730 Satisfy demand in Entworpe from Sorange warehouse. block 730 Satisfy demand in Fardo from Sorange warehouse. block 730 Shipping from Sorange factory to Sorange warehouse. truck 730 Order quantity: Sorange factory to Calopeia warehouse. 0 730 Order point: Sorange factory to Calopeia warehouse. 0 730 Order quantity: Sorange factory to Calopeia warehouse. 200 730 Order point: Sorange factory to Calopeia warehouse. 1,000 730 Schedule warehouse in Entworpe . 730 Order quantity: Calopeia factory to Entworpe warehouse. 1,000 730 Order p oint: Calopeia factory to Entworpe warehouse. 500 730 Satisfy demand in Calopeia from Entworpe warehouse. block 730 Satisfy demand in Sorange from Entworpe warehouse. block 730 Satisfy demand in Fardo from Entworpe warehouse. block 730 Shipping from Calopeia factory to Sorange warehouse. truck 730 Shipping from Calopeia factory to Entworpe warehouse. truck 730 Order quantity: Calopeia factory to Sorange warehouse. 200 730 Order point: Calopeia factory to Sorange warehouse. 1,000 730 Order point: Sorange factory to Calopeia warehouse. 0 730 Order quantity: Calopeia factory to Sorange warehouse. 0 730 Order point: Calopeia factory to Sorange warehouse. 0 730 Order quantity: Sorange factory to Calopeia warehouse. 0 730 Order quantity: Calopeia factory to Sorange warehouse. 200 730 Order point: Calopeia factory to Sorange warehouse. 5,000 779 Schedule factory capacity change in Sorange 65.01 782 Order quantity: Calopeia factory to Calopeia warehouse. 1,400 782 Order quantity: Calopeia factory to Calopeia warehouse. 1,200 787 Order quantity: Calopeia factory to Calopeia warehouse. 1,000 791 Schedule factory capacity change in Sorange 97.96 792 Order priority: Sorange factory to Sorange warehouse. 4 792 Shipping from Sorange factory to Entworpe warehouse. truck 792 Order priority: Sorange factory to Sorange warehouse. 0 793 Order point: Calopeia factory to Calopeia warehouse. 1,100 793 Order point: Calopeia factory to Sorange warehouse. 300 826 Satisfy demand in Tyran from Calopeia warehouse. block 826 Satisfy demand in Entworpe from Calopeia warehouse. block 827 Order quantity: Sorange factory to Sorange warehouse. 400 827 Order point: Calopeia factory to Entworpe warehouse. 600 830 Order point: Calopeia factory to Calopeia warehouse. 15,000 830 Order point: Calopeia factory to Sorange warehouse. 1,000 830 Satisfy demand in Sorange from Calopeia warehouse. block 842 Order quantity: Calopeia factory to So range warehouse. 0 842 Order point: Calopeia factory to Sorange warehouse. 0 842 Order quantity: Calopeia factory to Calopeia warehouse. 400 843 Satisfy demand in Calopeia from Sorange warehouse. allow 858 Order quantity: Calopeia factory to Entworpe warehouse. 400 859 Order quantity: Calopeia factory to Entworpe warehouse. 0 859 Order point: Calopeia factory to Entworpe warehouse. 0 859 Order quantity: Calopeia factory to Calopeia warehouse. 200 860 Satisfy demand in Calopeia from Sorange warehouse. block 863 Satisfy demand in Calopeia from Sorange warehouse. allow 866 Satisfy demand in Calopeia from Sorange warehouse. block 870 Satisfy demand in Tyran from Entworpe warehouse. block 870 Satisfy demand in Tyran from Sorange warehouse. allow 873 Order quantity: Sorange factory to Sorange warehouse. 800 882 Change fullfilment policy. nearest 890 Order quantity: Sorange factory to Entworpe warehouse. 1,000 890 Order point: Sorange factory to Entworpe war ehouse. 500 918 Order quantity: Calopeia factory to Calopeia warehouse. 400 922 Order point: Sorange factory to Sorange warehouse. 2,500 926 Order point: Sorange factory to Sorange warehouse. 15,000 933 Satisfy demand in Tyran from Sorange warehouse. block 938 Satisfy demand in Tyran from Sorange warehouse. allow 944 Order quantity: Sorange factory to Sorange warehouse. 1,600 949 Order quantity: Sorange factory to Entworpe warehouse. 0 949 Order point: Sorange factory to Entworpe warehouse. 0 967 Order quantity: Sorange factory to Sorange warehouse. 400 971 Satisfy demand in Tyran from Sorange warehouse. block 971 Satisfy demand in Tyran from Entworpe warehouse. allow 976 Order point: Calopeia factory to Calopeia warehouse. 0 976 Order quantity: Calopeia factory to Calopeia warehouse. 0 984 Order quantity: Calopeia factory to Calopeia warehouse. 400 984 Order point: Calopeia factory to Calopeia warehouse. 500 1,008 Order point: Calopeia factory to Cal opeia warehouse. 5,000 1,008 Order point: Calopeia factory to Calopeia warehouse. 500 1,035 Order quantity: Sorange factory to Entworpe warehouse. 1,000 1,035 Order point: Sorange factory to Entworpe warehouse. 500 1,035 Satisfy demand in Tyran from Sorange warehouse. allow 1,035 Satisfy demand in Entworpe from Sorange warehouse. allow 1,037 Satisfy demand in Tyran from Sorange warehouse. block 1,042 Order point: Calopeia factory to Calopeia warehouse. 2,000 1,054 Satisfy demand in Entworpe from Sorange warehouse. block 1,085 Order point: Calopeia factory to Calopeia warehouse. 500 1,085 Order point: Calopeia factory to Calopeia warehouse. 800 1,131 Order point: Calopeia factory to Calopeia warehouse. 2,000 1,131 Order point: Calopeia factory to Calopeia warehouse. 1,000 1,132 Order quantity: Sorange factory to Entworpe warehouse. 500 1,133 Order point: Calopeia factory to Calopeia warehouse. 2,000 1,134 Order point: Calopeia factory to Calopeia warehou se. 5,000 1,139 Order quantity: Calopeia factory to Entworpe warehouse. 500 1,139 Order point: Calopeia factory to Entworpe warehouse. 500 1,139 Order quantity: Sorange factory to Entworpe warehouse. 0 1,139 Order point: Sorange factory to Entworpe warehouse. 0 1,139 Order quantity: Calopeia factory to Entworpe warehouse. 400 1,146 Order point: Calopeia factory to Entworpe warehouse. 100 1,146 Order quantity: Calopeia factory to Entworpe warehouse. 200 1,146 Order point: Calopeia factory to Entworpe warehouse. 75 1,155 Order point: Calopeia factory to Calopeia warehouse. 2,000 1,194 Order point: Calopeia factory to Entworpe warehouse. 500 1,194 Order point: Calopeia factory to Calopeia warehouse. 2,500 1,236 Satisfy demand in Entworpe from Sorange warehouse. allow 1,236 Order point: Calopeia factory to Calopeia warehouse. 5,000 1,242 Order point: Calopeia factory to Entworpe warehouse. 0 1,242 Order quantity: Calopeia factory to Entworpe warehouse. 0 1,260 Satisfy demand in Entworpe from Calopeia warehouse. allow 1,260 Satisfy demand in Entworpe from Sorange warehouse. block 1,265 Order priority: Calopeia factory to Entworpe warehouse. 4 1,265 Order quantity: Calopeia factory to Entworpe warehouse. 400 1,265 Order point: Calopeia factory to Entworpe warehouse. 75 1,266 Satisfy demand in Tyran from Entworpe warehouse. block 1,266 Satisfy demand in Tyran from Sorange warehouse. allow 1,267 Order priority: Calopeia factory to Entworpe warehouse. 0 1,267 Order quantity: Calopeia factory to Entworpe warehouse. 200 1,267 Order priority: Calopeia factory to Calopeia warehouse. 5 1,300 Order priority: Calopeia factory to Calopeia warehouse. 0 1,300 Order quantity: Calopeia factory to Entworpe warehouse. 400 1,300 Order point: Calopeia factory to Entworpe warehouse. 200 1,344 Satisfy demand in Tyran from Entworpe warehouse. allow 1,344 Satisfy demand in Tyran from Sorange warehouse. block 1,350 Order priorit y: Calopeia factory to Calopeia warehouse. 2 1,382 Order quantity: Calopeia factory to Calopeia warehouse. 0 1,382 Order point: Calopeia factory to Calopeia warehouse. 0 1,382 Order priority: Calopeia factory to Calopeia warehouse. 0 1,382 Order quantity: Calopeia factory to Sorange warehouse. 400 1,382 Order point: Calopeia factory to Sorange warehouse. 2,000 1,382 Order priority: Calopeia factory to Sorange warehouse. 2 1,382 Satisfy demand in Tyran from Sorange warehouse. allow 1,386 Order priority: Calopeia factory to Sorange warehouse. 0 1,386 Order priority: Calopeia factory to Entworpe warehouse. 4 1,390 Order priority: Calopeia factory to Sorange warehouse. 1 1,390 Order priority: Calopeia factory to Entworpe warehouse. 0 1,391 Order quantity: Calopeia factory to Sorange warehouse. 0 1,391 Order point: Calopeia factory to Sorange warehouse. 0 1,391 Order priority: Calopeia factory to Sorange warehouse. 0 1,391 Order priority: Calopeia factory to Entworpe warehouse. 2 1,392 Satisfy demand in Tyran from Sorange warehouse. block 1,393 Order quantity: Calopeia factory to Calopeia warehouse. 200 1,393 Order point: Calopeia factory to Calopeia warehouse. 1,600 1,393 Order priority: Calopeia factory to Calopeia warehouse. 4 1,393 Order quantity: Calopeia factory to Entworpe warehouse. 0 1,393 Order point: Calopeia factory to Entworpe warehouse. 0 1,393 Order priority: Calopeia factory to Entworpe warehouse. 0 1,400 Order quantity: Calopeia factory to Calopeia warehouse. 0 1,400 Order point: Calopeia factory to Calopeia warehouse. 0 1,400 Order priority: Calopeia factory to Calopeia warehouse. 0 1,400 Order quantity: Calopeia factory to Sorange warehouse. 400 1,400 Order point: Calopeia factory to Sorange warehouse. 2,000 1,400 Order priority: Calopeia factory to Sorange warehouse. 4 1,401 Satisfy demand in Calopeia from Entworpe warehouse. allow 1,402 Order quantity: Calopeia factory to Calopeia ware house. 200 1,402 Order point: Calopeia factory to Calopeia warehouse. 2,000 1,402 Order priority: Calopeia factory to Calopeia warehouse. 5 1,402 Order quantity: Calopeia factory to Sorange warehouse. 0 1,402 Order point: Calopeia factory to Sorange warehouse. 0 1,402 Order priority: Calopeia factory to Sorange warehouse. 0 1,406 Order quantity: Calopeia factory to Calopeia warehouse. 0 1,406 Order point: Calopeia factory to Calopeia warehouse. 0 1,406 Order priority: Calopeia factory to Calopeia warehouse. 0 1,406 Order quantity: Calopeia factory to Sorange warehouse. 400 1,406 Order point: Calopeia factory to Sorange warehouse. 2,000 1,406 Order priority: Calopeia factory to Sorange warehouse. 5 1,406 Satisfy demand in Calopeia from Entworpe warehouse. block 1,406 Satisfy demand in Tyran from Entworpe warehouse. block 1,407 Satisfy demand in Calopeia from Sorange warehouse. allow 1,407 Satisfy demand in Tyran from Sorange warehouse. allow 1,407 Sati sfy demand in Entworpe from Calopeia warehouse. block 1,408 Order quantity: Calopeia factory to Sorange warehouse. 600 1,409 Order quantity: Calopeia factory to Sorange warehouse. 0 1,409 Order point: Calopeia factory to Sorange warehouse. 0 1,409 Order priority: Calopeia factory to Sorange warehouse. 0 1,409 Order quantity: Calopeia factory to Entworpe warehouse. 400 1,409 Order point: Calopeia factory to Entworpe warehouse. 1,600 1,409 Order priority: Calopeia factory to Entworpe warehouse. 5 1,410 Order quantity: Calopeia factory to Entworpe warehouse. 0 1,410 Order point: Calopeia factory to Entworpe warehouse. 0 1,410 Order priority: Calopeia factory to Entworpe warehouse. 0 1,410 Order quantity: Calopeia factory to Calopeia warehouse. 200 1,410 Order point: Calopeia factory to Calopeia warehouse. 2,000 1,410 Order priority: Calopeia factory to Calopeia warehouse. 5 1,419 Order quantity: Calopeia factory to Calopeia warehouse. 0 1,419 Order point: Calopeia factory to Calopeia warehouse. 0 1,419 Order priority: Calopeia factory to Calopeia warehouse. 0 1,419 Satisfy demand in Entworpe from Calopeia warehouse. allow 1,433 Order quantity: Sorange factory to Sorange warehouse. 0 1,433 Order point: Sorange factory to Sorange warehouse. 0 1,435 Satisfy demand in Tyran from Entworpe warehouse. allow 1,439 Satisfy demand in Entworpe from Sorange warehouse. allow 1,449 Satisfy demand in Tyran from Sorange warehouse. block 1,452 Satisfy demand in Calopeia from Entworpe warehouse. allow 1,452 Satisfy demand in Sorange from Entworpe warehouse. allow 1,452 Satisfy demand in Tyran from Entworpe warehouse. block This report on Supply Chain Game was written and submitted by user Alyvia N. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

My Success Plan Essays

My Success Plan Essays My Success Plan Essay My Success Plan Essay My Success Plan Name: Course: Date: My Success Plan Step one: Defining a mission and vision statement In launching my business when I am ready, the first step is creating a mission and vision statement, which I will intend to achieve. The mission statement will define my business, its purpose of existence, its primary customers, products and services that I will offer. The main purpose of the mission statement will be defining the purpose of my business. With a mission, I will be in a position to know what is important for the business and what is not (Pinson Jinnett, 2006). It further creates a sense of direction by providing me with a focus. On the other hand, the vision statement will be the image of the business in the future. It will be articulating the hopes and dreams I have for the future and stating where I wish to be in the future. With vision and mission statement, I will be having a clear picture of my business purpose and future. With this, I will focus my resources towards attaining them. The mission and vision statement will help me with business planning. Step 2: defining goals and objectives The second step toward the success of my business would be defining the goals and objectives upon which I will dedicate my resources. The goals and objectives shall be aligned to the vision and mission statement. The goals will be broad statements stating what I intend to achieve in the long-term future. This will direct my planning and decision-making (Pinson Jinnett, 2006). The objectives will state specific targets achievable within a certain predetermined period. The objectives will be specific, measurable, attainable, realistic, and time-specific. The objectives will act as the steps towards achieving the goals. The goals and objectives will help me in stating what I want to achieve and when the achievement should be attained. This will be quite helpful in establishing a plan for attaining the overall goal that is the mission. Additionally, this will provide a focus of the business (Ehmke Akridge, n.d). Step 3: analyzing the market In this step, I will describe the market in which the business will exist. In this process, I will discuss the market aspects such as the targeted customers, competition, market characteristics and the means to gain a competitive advantage. Within this step, I will analyze and narrow down the potential customers to those who are likely to buy the product. Some of the issues to consider about customers will be whether they are local, national, international o global in order to know how to reach the customers (Ehmke Akridge, n.d). The age of the customers, gender, lifestyle and income in order to help in pricing and putting the right features to serve the different customers. Other considerations can include religion and social background. The other issue to consider about the market is its characteristics. For characteristics, some of the factors to consider can be analyzed using porter’s five forces model. The factors include supplier power, buyer power, and barrier to entra nts, rivalry and legal regulations. With a market analysis, I will be aware what I will expect and the needs to enter the market. Step 4: Competitor analysis After the market analysis, I will analyze the competition. This will entail conducting a detailed review of the competitors by considering such aspects such as market share, marketing plan, pricing, customer relationship, strengths and products (Ehmke Akridge, n.d). This will also require defining the close competitors and their nature considering not all will pose direct competition while some that may not be obvious could pose stiff competition such as shopping malls. From each of the competitors, a SWOT analysis will be conducted in order to identify their weaknesses upon which to take advantage. It is essential to understand the operations and strategies of competitors in order to make a stand within relative terms among the competitors as well as know how to compete competitively. Step 5: establishing a marketing plan Any business requires marketing itself to the customers in order to create awareness to the people about its operations, products and services. A marketing plan will focus on four areas, which include the products and services offered, pricing, promotion efforts, and distribution. In this section, the products and services will be defined in details as well as their function, benefits, what they offer and their distinguishing features. Features should include its color, size shape, cost and its abilities (Morris, 2011). Other aspects could include packaging, support and warranties. Pricing will concern the strategy used to price the products and services. Some of the issues that will be considered during pricing are costs of operating the business, competitions and goals of the business. Some of the strategies to be considered include scheming, mark up cost, and penetration pricing. Distribution will describe the way the products and services will be distributed to the customers. It also defines the geographical area to be covered. The decisions within this factor will focus on the distributions channels and methods in order to avail the products and services to the customers within the required time. Finally, promotional efforts will focus on communicating to the customers about the value of the products and services offered. It will target on availing information to the targeted customers (Morris, 2011). Step 6: Operation plan This will involve defining ownership, organization structure, management, production a resources and legal issues. The aim of the operation plan is to state the plans that will be undertaken in order to achieve the purpose of the business. This will include the production methods, processes within the organization, decision-making, flow of information and other operations that ensure seamless flow of work within the business (Covello Hazelgren, 2006). Step 7: the financing plan This step will deal with the sources of finance. Considering every business requires capital for commencing as well as operational finance to handle the budget, a plan will be necessary in order to succeed. This will concern with available sources of finance, emergency sources, how to repay in case it is a loan. Additionally, it will concern with forecasting costs that will be incurred as well as expected cash flows. This will be the final step before an executive summary is written to summarize all the points and placed at the start of the plan. References Covello, J.A. Hazelgren, B.J. (2006). The Complete Book of Business Plans: Simple Steps to Writing Powerful Business Plans. Naperville, IL: Sourcebooks, Inc Ehmke, C., Akridge, J. (n.d). The Elements of a Business Plan: First Steps for New Entrepreneurs. Purdue University. Morris, M. (2011). Starting a Successful Business: Choose a Business, Plan Your Business, Manage Operations. New York, N.Y: Kogan Page Publishers Pinson, L. Jinnett, J. (2006). Steps to Small Business Start-Up. Kaplan, L.A: Kaplan Publishing.

Language and Culture in New Zealand Organization Research Paper

Language and Culture in New Zealand Organization - Research Paper Example According to the research findings, it can, therefore, be said that various languages are spoken in the country where some are officially recognized, and others are not. These diverse languages bring about different cultures and influence the organization structure of the country. New Zealand is located in the Southwest of the Pacific Ocean. The country is mainly made up of two landmasses namely the South and North Islands. Several ethnic groups can be found in New Zealand, which includes the Maori, Europeans, Asians, and Pacific Islander among others. The country's official languages are Maori, English and the New Zealand sign language. English can be termed as the main business language, as it is spoken by 98 % of the citizens this can be attributed to the British Commonwealth ties. Maori is considered a Polynesian language which can be compared to languages spoken in other Pacific Cultures such as Tongan, Samoan and Hawaiian. As per the census done in 2006, more than 157,000 peopl e in the country speak Maori. This language has existed in New Zealand culture from as early as the country’s discovery. Maori people were the first to get to New Zealand and were later followed by the European settlers. However, it was only after passing of the 1986 Maori Language Act that the language was formally recognized as an official language. The use and the development of Maori language is consistently encouraged by the New Zealand language Commission. English and Maori are used all over the country in varied media outlets especially in radio and television programs. As apparent in most regions of the world where cultures have intermixed, Both English and Maori cultures have influenced each other. Various words have been absorbed into the vocabulary of the two languages. There are quite a number of differences in the above cultures especially when tribal circles are involved.

Project management Research Paper Example | Topics and Well Written Essays - 2500 words

Project management - Research Paper Example Other aspects of green computing include telecommuting – a flexible work arrangement which involves working from home and other locations away from a central or main office; thin client solutions; use of open source software; and the development of software to ensure sustainability in IT for use internally and for third parties. IBM is one of several companies engaged in the practice and promotion of green computing. The company is engaged in many areas of green computing as outlined below. Data center and overall energy efficiency – In this area IBM has received a number of awards. In fact, on June 2012 the company received the 2012 European Union Code of Conduct for Data Centers award (IBM 2012). This award was given for innovations in technology which seeks to facilitate improvements in data center energy efficiency (IBM 2012). IBM was the only company awarded in the corporate level category and this is significant. The company remains active in this area providing d ata to both the EC Directorate General Joint Research Centre-Institute for Energy and the Environmental Protection Agency (IBM 2012). Disposal of electronic waste and recycling – This is a very important area at IBM. In a statement entitled ‘IBM Product Take Back for Recycling,’ IBM indicates that the company participates in recycling programs. However, it indicates that certain damaged items such as monitors that have cracks, leakages that are visible such as leaking batteries cannot be shipped. Guidelines are also provided for proper handing and disposal for items that are not allowed in the recycling program. Telecommuting - Nilles 1998 (Cited in Kossek et al (348) indicates that telecommuting is work done at hope with the support of telecommunications technology. People are able to work from anywhere and so the need for large office spaces requiring lighting and other forms of energy is not necessary. Telecommuting was adopted at IBM in Indiana as a way of re ducing real estate costs. Therefore, instead of further reducing the number of people employed as was earlier practiced the CEO at the time recommended a reduction in real estate. People were able to work from almost anywhere and so the need for large office spaces was not necessary. Virtualization of server resources – Virtualization facilitates improvements in the use of IT resources (IBM 2005; 1). IBM not only practices this as a way of reducing hardware costs but provide a means of doing so for customers. In addition to reducing hardware costs virtualization provides additional benefits including the and also facilitating flexibility and responsiveness in the use of IT resources (IBM 2005; 2). Examples of BM virtualization resources include Xen and VMware. This process facilitates greener computing by reducing the resources required for IT infrastructure as well as a reduction in energy use. Thin client solutions – Promises computing services that are easier to mai ntain and a reduction in the cost of IT infrastructure. It represents a return to a somewhat centralized and more manageable IT infrastructure which is embodied in the thin client model. IBM is just one of the companies providing this solution. In a news release entitled ‘IBM Announces Comprehensive New Thin Client Solutions’ IBM indicates that its new thin client solutions allow organizations to shift various tasks away form desktop to servers on the internet or internally and

Comparative police systems Essay Example | Topics and Well Written Essays - 500 words

Comparative police systems - Essay Example ther country and while arguing the extent to which they do so is beyond the scope of the present research, the research shall, nevertheless establish this to be the case with reference to surveillance. Through a comparative analysis of the post 9/11 right to surveillance granted to either of the two states, this paper shall demonstrate that even though the USA constitutes a more critical case than the UK, the right and expectation to privacy in both countries has been critically undermined. Laws governing privacy in the United Kingdom have traditionally, and customarily, restricted the right of the state to engage in the surveillance of citizens without establishing, and arguing, a cause to do so and obtaining the necessary warrants. The Interception of Communications Act (1985) effectively disallows law enforcement, or any representative of the state, from intercepting the telephone and electronic communication of citizens unless it is first established that doing so is integral, either to national security, or for the negation of the real and immediate threat which that person, or those whom he/she communicates with, pose towards society (Lloyd, 1986). Added to that, and as Carter (2001) explains, the European Convention on Human Rights, to which the United Kingdom is subject, holds that, other than when authorized by a court following the submission of evidence which clearly shows that surveillance is necessary for the prevention of a crime or the negation of an imm ediate threat, any form of state surveillance of private citizens, constitutes both a violation of their most basic civil and human rights. In other words, the pre 9/11 and pre 7/7 situation in the United Kingdom was such that strict regulatory frameworks effectively restricted the right of the state to engage in the surveillance of its citizens. As regards the pe-9/11 situation in the United States, despite the fact that the US Constitution makes no explicit provisions for privacy, the

Law Essays Public Emergency Liability

Law Essays Public Emergency Liability Public Emergency Liability Title: The privileged treatment accorded by the courts to the emergency services on the question of duty goes too far. It does not merely recognise the importance of their public services, it offers them a degree of protection which allows them to be unaccountable in circumstances where liability should clearly exist. 1. Do you agree? Critically consider by reference to authorities, whether the current law strikes the right balance. Introduction This paper discusses the legal perception of the duty of care owed by the public emergency services, including in particular the police, fire and ambulance services in the context of the burgeoning and ever-evolving law of tort. The statement under review claims that the â€Å"privileged treatment† (some would say limited immunity) offered to the public emergency services â€Å"goes too far†. It is further claimed that the latitude allowed by the courts in relation to the emergency services effectively renders those services unaccountable in circumstances where the imposition of liability is manifestly appropriate. In the following analysis these assertions are critically evaluated against the backdrop of relevant case law. The current balance of the law is identified in what is a constantly changing field. Conclusions are drawn on the basis of the authorities considered. Emergency Services and the Duty of Care It is common knowledge that there is no general, proactive duty of care to undertake ‘rescues’ or interventions in emergency situations, no matter how straightforward such rescues might appear. This is graphically illustrated by the case Barrett v Ministry of Defence (1995), where the failure of the MOD to intervene to prevent the death of an alcoholic soldier was not deemed to merit the imposition of tortious liability. Moreover, the position of English common law is mirrored in the United States on this point as Osterlind v Hill (1928) confirms. This stance was endorsed, by inference, in X v Bedfordshire County Council (1995) (by the House of Lords), and more explicitly in Stovin v Wise (1996). Indeed, Lord Hoffman opined in Stovin that the omission of a public authority to undertake the rescue of a emergency victim should be deemed incapable of deriving liability, except in circumstances where Parliament has expressly and specifically set down a right to redress in the form of financial compensation where the duty to intervene and rescue is not met. Given the above authorities it can come as no surprise that the law has traditionally not imposed a duty of care on emergency services when they are summoned to give assistance. In the case Ancell v McDermott (1993), for example, the court ruled that the police service was not subject to a duty of care to warn road users of dangers on the roads that were known to the service. Moreover, in Alexandrou v Oxford (1993) police were dispatched to retail premises to investigate the triggering of a burglar alarm. However, they omitted to detect the presence of a burglar before departing the shop. In this case the court ruled that the police did not owe a duty of care to the owner of the premises, who suffered loss as a consequence of the service’s failure. The court reasoned that to impose a duty of care in such circumstances would be contrary to the interests of public policy. The court also drew on the concept of proximity to justify its decision, although it is submitted that this seems tenuous given that it is hard to imagine a much more proximate situation. These decisions are in conformity with the earlier case of Hill v Chief Constable of West Yorkshire (1989), in which the issue for the consideration of the court was whether the allegedly incompetent police service should be held to a tortious duty of care over its acquiescence before arresting the infamous Peter Sutcliffe, better known as the â€Å"Yorkshire Ripper†, although the police were in possession of cogent evidence indicating his culpability. The court rejected the action on grounds of public policy and also, this time on a much better-founded assertion of a lack of proximity. It was conceded that the police service owes a fundamental duty to the general public to catch the protagonists of crime efficiently and promptly but the court reasoned that it was impossible to define a specific class of individuals to whom the duty of care should be owed. It can be argued that there is manifest and abundant justification for the decision in Hill. Surely it is not feasible to impose a legally enforceable duty of care on the police force, and thereafter by inevitable implication award pecuniary compensation in the form of damages for every failed (or slow) investigation. The great majority of crimes go unsolved. The potential workload that the courts would be unimaginably huge and the compensation bill, which would ultimately have to be met by the public purse would be colossal. The case of Rondel v Worsley [1969] confirms the approach in Hill and the later cases discussed. In Rondel, unavoidable public policy factors were deemed to take precedence over issues of proximity in the court’s deliberations. That said however, there are limits to the fear of opening the floodgates to claims. If during the course of their operations the police are responsible for directly causing immediate harm to another they may be held liable for those actions. In Rigby v Chief Constable of Northamptonshire (1985), liability was imposed after the negligent use of a CS gas cannister and previously in Knightley v Johns (1982) negligent conduct in the aftermath of a traffic accident was found to justify a claim in tort. These cases, and other of their ilk, show that the police service can be subject to an enforceable duty of care, but only in tightly restricted circumstances and only where close causal proximity is clearly established. A case concerning the fire service shows that the police are not alone in their difficult relationship with tort law. In Capital and Counties plc v Hampshire County Council (1996) the court held at first instance that the fire service was liable for the negligence of one of its officers in ordering that the sprinkler system in a burning building should be turned off. The first instance judge dismissed arguments for immunity based on public policy. It was held (somewhat dubiously it is argued) that potential liability was unlikely to result in fire-fighting being carried out with a defensive frame of mind and the fire brigade’s exclusive control of its operations was a consideration against a public policy immunity. This decision appears to be in accord with the contemporaneous Scottish case of Duff v Highland and Islands Fire Board (1995), where it was held that the fire brigade did not enjoy immunity in tort regarding operational matters. In Duff the fire brigade attended the scene of a fire and then left believing it was extinguished. It was not extinguished and when the brigade was called back they were unable to control the fire and it destroyed the pursuer’s house. Lord MacFadyen opined that, while there was a risk of defensive behaviour among fire-fighters, precisely the same argument could be employed with equal force in the context of medical negligence and other forms of professional negligence and there was no question of extending public policy immunity into these vast spheres. Another contemporary supporting case is Crown River Cruises Ltd v Kimbolton Fireworks Ltd (1996), where the fire brigade was found liable in respect of a negligent failure to extinguish properly an initial fire at a premises. However, it must be noted that Capital and Counties plc v Hampshire County Council (1997) went to appeal at the Court of Appeal joined with two other cases. The facts of Capital and Counties are already known. In the joined case Church of Jesus Christ of the Latter Day Saints v West Yorkshire and Civil Defence Authority the fire service negligently omitted to source a sufficient supply of water for the purposes of extinguishing a fire and in the third joined case Monroe v London Fire Brigade officers of the fire service failed to check the perimeter of an explosion for secondary fires. The Court of Appeal ruled that the fire service does not owe a general tortious duty of care merely because they had been summoned to give assistance. The Court also held that the fire service’s assumption of responsibility once at the scene of an emergency, coupled with the reliance placed on the service by the parties involved, did not of itself establish a duty of care on the part of the fire service. The consequence of these rulings on principle was that the Church of Jesus Christ and Monroe cases failed on the facts. Liability was only established in the Capital and Counties case on the narrow grounds that the fire service had actually, physically and directly caused the damage suffered in the case, by personally and deliberately switching off the sprinkler system. All that said, a potentially groundbreaking decision was reached in the more recent case of Kent v Griffiths (2001). Here, a pregnant woman suffered an asthma attack at home. Her doctor attended her, realised she was in extreme difficulty and called 999 to summon an ambulance. The ambulance did not arrive for a period of 40 minutes (as opposed to the service’s own guidelines which indicated it should have arrived within a maximum of 14 minutes. It transpired that the ambulance crew entered false records in their logbook in an attempt to cover up their own negligence. The woman ultimately suffered a respiratory arrest, lost her baby and was left with brain damage as a direct result of the delay of the ambulance. Unsurprisingly the ambulance service was sued for negligence. At first instance, Turner J held that it would be â€Å"offensive to, and inconsistent with, concepts of common humanity† to refuse to impose a duty of care in all the circumstances of the case. Equipped with clear evidence of negligence and causation (and even mala fides) Turner J ruled that where the ambulance service accepted the task of providing a timely response and was in a position to do so, it was right to impose a duty of care to carry out the rescue in regards to the rescuee. The decision in Kent v Griffiths was welcomed by some, but feared by others concerned about opening the floodgates to a multitude of claims. The case was appealed. At the Court of Appeal it is submitted that an appropriate balance was struck. The first instance decision was upheld, however, their Lordships were at pains to stress that the precedent should be limited in its future application to the ambulance service. Master of the Rolls Lord Woolf made it clear that Kent v Griffiths could not be utilised in justifying actions against other arms of the emergency services. In confining the case strictly to its facts, Lord Woolf MR made it crystal clear that no general point of principle had been established. Their Lordships focused on the specific relationship between the ambulance service and each individual patient as differentiating the judgment from cases involving services, such as the fire brigade, the coastguard and the police, who owe a more general duty of societal protection. Concluding Comments With specific reference to the title to this work, it is clear that there is a very delicate balance to be struck in the imposition of a legally enforceable tortious duty of care on the public emergency services. It is submitted that both extremes are undesirable: at least that much is relatively uncontroversial. It would clearly be inappropriate to afford the emergency services complete immunity, because to do so would be to allow outrageous examples of highly proximate and gross negligence to go unpunished. Such would give the emergency services carte blanche to act in society under a licence not enjoyed by any other of its members. However, it would be equally unsatisfactory to settle a duty of care on the services that could potentially punish each and every technical incidence of negligence, because to do so would so drastically impair their actions and divert their scarce resources into defending the veritable multitude of civil suits that would quickly ensue. While it is far from ideal to build a framework of law on a case by case basis, it is hard to identify a better approach. The tentative step forward that was taken in Kent v Griffiths was quickly confined to the facts of the case and limited in terms of the scope of its future application. The reasons for this are obvious, and as long as the courts are prepared to extend liability in those cases that demand it, while curtailing the effects of their judgments with a view to the wider and general picture of public policy, then the law should be able to maintain efficiency and integrity in this sphere. In conclusion it is submitted that it is appropriate to open the floodgates just a crack, to allow the courts to deal with the most deserving cases within a rigid framework of liability, but not so far as to impede the emergency services in the work on which we all rely. Bibliography Cases as footnoted to standard citation Kidner R, Casebook on Torts, (2006) Oxford University Press Rogers W.V.H., Winfield and Jolowicz on Tort, (2002) Sweet Maxwell Weir, T, Casebook on Torts, (2004) Sweet Maxwell

Learning Forgiveness :: Personal Narrative Essay Example

Learning Forgiveness When I opened my yearbook, I began to reminisce about my half year of high school in China. As I flipped through the pages of the yearbook, a picture of an old man with a benevolent smile caught my eyes. Daydreaming about the incident, my eyesight became hazy, and I felt my hands becoming swollen, which always refreshes my memory of his profound words. His name is Mr. Zang, my high school teacher in China. A very thin and tall man, Mr. Zang is very caring and always tries to understand the students' concerns and finds joy in having conversations with them. Mr. Zang and I used to discuss my plans to go to the US and why I studied English so intensively. He helped give me confidence that I would find success in the US, and I began to think of him as a very respectable man. When I found out that Mr. Zang, unlike most teachers in China, never hit students, I began to respect him even more. Unfortunately, other students had negative opinions of him and thought he was a coward. "You know what? Your favorite teacher, Mr. Zang, is really sissy." Chang-Min screamed, pointing a finger at me. "I think he is afraid of students. That's why he can't hit students." Staring at him enraged that he would speak badly about my favorite teacher, I dashed at him and yelled, "Don't talk about Mr. Zang that way. OK?" A constant troublemaker at school, Chang-Min was shocked that I stood up to him and looked at me surprised. He thought I was always introspective and would never stand up for myself, and he could sense his hard-earned notoriety slipping away. Looking at his ridiculous, surprised face, I grew even angrier. Ironically, to defend a teacher who didn't hit students, I resorted to violence to deal with Chang-Min. Suddenly, I kicked him in the stomach, and we started fighting. Phil-bong, the vice-principal, caught us and brought us to the student life center for punishment. Phil-bong didn't even ask us why we fought; he simply asked who hit first. Admitting that I did, Phil-bong proceeded to beat my hands until they were swollen and reddish. Watching me getting hit by Phil-bong angered Mr. Zang, and afterwards he asked me why I hit Chang-Min. Mr. Zang convinced Phil-bong to forgive me, and I started to blame my classmate for my sore hands, and I asked Mr.