Judiciary Essay Example | Topics and Well Written Essays - 500 words

Judiciary - Essay Example Judicial restraint is the antonym of judicial activism (Ringhand & Collins, 2010). The discussion between judiciary restraint and judicial activism started in the early days of the United States of America and has proceeded to the present. A number of renowned Supreme Court justices such as John Marshall have supported the judicial activism view, the belief that it’s the role of the judges to chart new constitutional grounds as well as make bold policy decisions. Supporters of legal activists are to judicial restraint that supports that the judiciary should leave the policy formulation and decisions making process to the executive and legislative branches (Ringhand & Collins, 2010). For decades, Republican Party leaders have decried judicial activism and championed for judicial restraint. Republican politicians have associated judicial restraint with a commitment to judicial deference, stating that judges who support judicial activism disrespect the will of many people. The debate has continued to warrant close inspection as a result of the deployment of judicial activism by Republic politicians during the Supreme Court confirmation of Judge Sonia Sotomayor as well as in the 2008 presidential elections. The senators were utterly aghast that Sonia’s experience and background might affect her decisions and that she may be an activist. The Sotomayors emphasized that justices make no laws and policies but merely apply those laws that are in existence (Davis, 2009). It is uncontroversial to indicate that only chief Justice Scalia and Justice Roberts Alito and Thomas belong to the number of judges who are in the political circles of Republican. Justice Alito a nd Roberts were nominated by Bush and were considered Republican favorites. The two were however not democrat’s favorites, and President Obama was not ready to vote

Johann Wolfgang Von Goethe Essay Example for Free

Johann Wolfgang Von Goethe Essay Johann Wolfgang von Goethe was a German writer and polymath back in the 1800s. Goethe is considered the supreme genius of modern German literature. Although he was alive so long ago, the ideas he put out there are still pertinent to the modern world: such as my personal life, recent movies, and current events. Goethe came up with this viewpoint on life: Until one is committed there is hesitancy, the chance to draw back, always ineffectiveness. Concerning all acts of initiative (and creation) there is one elementary truth, the ignorance of which kills countless ideas and splendid plans that the moment one definitely commits oneself, then providence moves too. All sorts of things occur to help that would never have otherwise occurred. A whole stream of events issues from the decision rising in one’s favor all manner of unforeseen, incidents and meeting and material assistance, which no man could have dreamed would have come his way. Whatever you can do, or dream you can, begin it. Boldness has genius, proven and magic in it. Begin it now! Goethe’s quote is a universal truth. His philosophy is even proven in my life. A project was given to me that I grew abhorrence for. Procrastinating until a couple days before the due date, I became upset and overwhelmed. I started convincing myself I could not do it. My mother said, â€Å"you’re making it harder than what it is. Do your research. Let the ideas come to you. It will all come together once you start. Stop putting it off and just do it. â€Å" With that in mind, I centered my concentration to my project and nothing but my project. Ideas kept coming to me as I let my mind and words flow. I became the person I needed to pretend to be for the project. I completed it to my best ability. I even made the appearance of my project outstanding. My teacher was so impressed with my work that she presented it to the class, and it was passed around the room. It all happened because I focused my mind on that specific goal. The movie Forrest Gump is an all-time favorite. The main character was committed to every task he was given. One day he decided to run, and he ran across the United States. It took him 3 years, 2 months, 14 days and 16 hours until he felt he was finished. Furthermore, while he was at camp in the army, all he did was play ping-pong. All he thought about was ping-pong. He even played ping-pong in his sleep. He was so good a whole crowd would come to watch him play. Even when he was in the army and went to save his â€Å"best good friend† Bubba, he didn’t stop until he found him. He saved his whole platoon that day while searching for Bubba. Every time he was on a mission or had a goal, he would direct all his focus to that particular objective. He had the ability to focus on anything and do it to his full potential. In the world today, we are in an economic crisis. Companies lay off workers; therefore, there are loads of unemployed people. Since they have no jobs, they are not receiving money. Companies aren’t selling much because people have no money to buy things that are not necessities. There is no flow of money. Everyone is afraid to put their cash out there because they are frightened by the fact that they might not be successful and wouldn’t have enough to buy necessities anymore. There is ineffectiveness and hesitancy in the world. No one wants to take a risk and be committed to one thing. Once people devote themselves to fixing the economy, it will happen. However, everyone is waiting on someone else to do it. Just like in the great depression, everyone was afraid to do something about the problem, until everyone said enough is enough and were devoted to fixing the problem; and look what happened because of that. We solved the crisis. In my final analysis, many people are not focused and are worried about too much. Focus on one thing and commit yourself to it. Everything a person does should be there center of attention. By doing this, one will achieve their goal and maybe even more than expected. Goethe’s philosophy shows how to reach a goal: Focus, commit, and do it. Just like Nike, a successful shoe company, says, â€Å"Just do it† and whatever you want to happen, will happen.

Illegal Downloading Of Movies Media Essay

Illegal Downloading Of Movies Media Essay Looking at the story of Jerome Bixbys The Man from Earth movie piracy might not be a threat to the movie industry, but a chance to promote and finance small-budget independent films. The producers of this movie approached internet piracy in a different way, as they embraced internet piracy and thanked illegal downloaders for helping to spread the buzz about the movie (Morozov, 2007). When Eric Wilkinson, the producer of the movie, found out that their movie was posted on a popular piracy blog called Releaselog, he did not do the most common thing, meaning to sue the downloaders, but thanked the Releaselog community for piracy because they were actually helping sales. (Morozov, 2007). Living in a world full of user-generated content, the downloaders gave the movie great ratings on IMDb (The Internet Movie Database) that resulted in ranking increase from 11.235th to 5th and furthermore ranked 1st in the categories independent and science fiction film (Morozov, 2007). Consequently sales increased as the movie got a great promotion. In addition to that, the producer posted a comment on Releaselog asking for voluntary donations for The Man from Earth resulting in additional generated money. Using The Man from Earth as an example, it becomes obvious that movie piracy actually inherits benefits for the movie industry as Jeanne Rose says in her article Movie Piracy: What Seems Evil is Actually Beneficial to the Entertainment Business. By gaining more web attention, people get informed about a movie they under most circumstances would have never heard of. People might use illegal copies of movies to check if the first minutes are interesting for them, to see the movie later in the cinema or on DVD (Rose, 2011). Additionally to that, parents might have a look at the content of the movie to see if it is appropriate for their children to see. Looking at the fact that a trip to the cinema with the whole family is expensive, it is a great thing for parents the check the movie beforehand. (Rose, 2011). One might say that instead of illegal downloading movies to check them for content you could simply watch the movie trailer, but facing the reality, trailers do often represent t he movie in a more positive way then the actual movie is or hide specific scenes to keep the tension in the movie itself. A new study about piracy created by a coalition of academic researches called Social Science Research Counsel shows a different perspective on the situation than industry-sponsored studies usually do. In general piracy studies tell their readers that the movie industry is suffering because of decreasing sales, as many people simply download a movie instead of going to the cinema or buying/renting the DVD. Looking at the fact that these studies are financed from movie companies, it becomes pretty obvious that they will not tell about other reasons than piracy. The new and independent study gives a different perspective on the whole situation: Given the fact that people in general suffer from a bad economy, but also low prices on digital technology and high prices on media goods are the reason for decreased sales in the movie industry (Ernesto, 2011). Visiting the cinema with your family involves spending a lot of money. Imagine living in a low-economy country like South Africa, the pr ice for a DVD in relation to the price in the US or Europe is five to ten times higher (Ernesto, 2011). Even though the movie industry spent huge amounts of money in anti-piracy education, the authors of the study could not find no significant stigma attached to piracy in any of the countries examined (Ernesto, 2011). International movie fans often have a problem to supply themselves with the latest movies or TV shows in a legal way. Being a movie fan in some countries like Germany is very hard, as you have to wait a long time before you can actually see a movie in original tone in a legal way. Using Germany as an example, every movie shown in the cinema is translated and synchronized in the German language. This consequently leads to three different ways to see a movie in the original tone: Going in a different country to see the movie, wait for the DVD release which is often 1 year after the initial release in the United States or download the movie illegal. Facing these three ways it becomes obvious which way is the most common. Looking at legal online stores like iTunes it is illegal to create an US account as a European citizen to purchase your favorite TV show episodes legally. Looking at the situation from a different point of view shows that movie piracy may have benefits for the movie industry. Movie piracy in terms of small budget independent films is able to promote them due to user generated content websites like IMDb, which actually results in more sales. It is also helpful for people to have a better first-look on a movie to decide whether they want to spend their hard earned money on a movie or not. In addition to that people in many countries are excluded from seeing movies when they are originally released which results in unhappy cineastes. Combining these different ideas with the fact that most studies are movie

Fertilizers :: essays research papers

Fertilizers are substances added to the soil sprayed on leaves of plants to help them grow better or in some cases faster. Plants need twenty essentail elements to help them grow. Plants make carbohydrates. A plant needs nitrogen, phosphorus, potassium, calcium, sulfur, and magnesium the most to grow healthy. Most soils naturally contain enough trace elements for field crops, but such elements must be added when certain fruits and vegetable plants are grown. Nitrogen, phosphorus, and potassium are the top three elements needed in plant growth. Legumes are plants which absorb nitrogen gas from the air and bring the gas to the ground. Legumes are planted over with other crops and those plants get the required amount of nitrogen and grow healthy.   Ã‚  Ã‚  Ã‚  Ã‚  There are two kinds of fertilizers. There is organic and inorganic. Organic fertilizers are bonemeal, fishmeal, blood, and farmyard manuer. Inorganic manuer is Nitrogen, potassium or any other element necessary in the aid of plant growth. If one accidently digests inorganic fertilizer, he or she must see a doctor as soon as possible. One can get red eyes, itchiness, and or stomach problems.   Ã‚  Ã‚  Ã‚  Ã‚  During World War 2, the government built many factories to absorb nitrogen gas from the air and to use them in explosives. Soon after the war, these factories were used to absorb nitrogen gas and to be used as a fertilizer. This method was inexpensive and farmers were now actually making a profit. By 1985, farmers used approximately eleven million tons of nitrogen a year. This is eight times more than what farmers used in 1950.   Ã‚  Ã‚  Ã‚  Ã‚  The most widely used fertilizer is pure ammonia. It is kept in liquid form under pressure in steel tanks. Three solid nitrogen fertilizers are ammonium sulfate, ammonium nitrate, and ammonium phosphate. Two common phosphorus fertilizers are superphosphate and triple superphosphate. Phosphorous fertilizer is made by treating phosphate rock with sulfuric acid. Potassium sulfate and potassium nitrate are used on crops that are harmed by chlorides.   Ã‚  Ã‚  Ã‚  Ã‚  The term straight fertilizer stands for any material that supplies one of the three principal macronutrients. The three macronutrients are nitrogen, phosphorus, and potassium. Mixed fertilizers are fertilizers that supply more than one macronutrient. This information is neccesary to one who is intrested in purchasing fertilizer. The fertilizer companies or manufacturers basically list every package or container with three numbers. For example a package that says 4-16-18, contains 4 percent nitrogen, 16 percent phosphoric oxide, and 18 percent potassium oxide.

Breach of Employment Contract Essay

The case involves a claim that Baril, the appellant, was dismissed by Aiken Regional Medical Centers, the Hospital where she previously worked, and such dismissal constitutes a breach of the employment contract between Baril and the Hospital. The contract the parties were referring to was the â€Å"Associate Handbook† she received from the Hospital, which contained the personnel polices of the Hospital that governed her employment. Baril was terminated for making a call through the Hospital’s toll-free number, as a result of which he was deemed to have committed a violation of the Hospital’s rules and policies, which merited her immediate termination. Baril argues that the Hospital itself breached the employment contract by unjustly terminating her employment. The Court of Appeals of South Carolina began its discussion by stating that the general rule on employment contracts is that contracts of employment are â€Å"at-will† contracts. This means that the contract is terminable at the pleasure of either party, at any time, regardless of the existence or non-existence of a justifiable ground for the termination. However, the existence of an employee handbook is recognized as an exemption to the general rule. Such a handbook may create an employment contract, depending on the terms stated therein. Where the handbook contains ambiguous clauses such as disclaimers, the issue of whether it could constitute an employment contract has to be determined by a jury, and not by summary judgment. The court noted that while the handbook explicitly states that it does not change the nature of the employment contract as an at-will contract, it does provide strict procedures to be followed in disciplinary cases such as the one where Baril is concerned. Thus, the Hospital’s procedures and practices give rise to more than one reasonable inference concerning the creation of an employment contract. Concomitantly, we find the trial court erred in granting summary judgment on the issue of whether Hospital’s policies found in its employee handbook, amendments, and actual practices created an employment contract between Baril and Hospital. The court also determined that the employment contract established by the Hospital’s practices and procedures requires that there be an existing just cause for termination. The criterion for determining justness in the termination of Baril’s employment rests on the existence of a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Weighing the arguments of both Baril and the Hospital, the court concluded that reasonable minds could differ as to the whether there was good or bad faith in the Hospital’s termination of Baril’s employment. Therefore, the case could not have been settled using the rules on summary judgment. Attached: Case: http://www. sccourts. org/opinions/HTMLfiles/COA/3561. htm THE STATE OF SOUTH CAROLINA In The Court of Appeals Marolyn L. Baril, Appellant, v. Aiken Regional Medical Centers, Respondent. Appeal From Aiken County Rodney A. Peeples, Circuit Court Judge Opinion No. 3561 Heard October 8, 2002 – Filed October 28, 2002 REVERSED and REMANDED Herbert W. Louthian, Sr. , and Deborah R. J. Shupe, both of Columbia, for Appellant. Richard J. Morgan and Reginald W. Belcher, both of Columbia, for Respondent. ANDERSON, J. : Marolyn L. Baril appeals the Circuit Court’s order granting summary judgment to Aiken Regional Medical Centers (Hospital) on Baril’s action for breach of employment contract. We reverse and remand. FACTS/PROCEDURAL BACKGROUND Baril joined Hospital’s nursing staff in 1986. She earned a master’s degree in nursing administration from the University of South Carolina in 1990. The following year, Baril was named director of Hospital’s emergency department. Baril resigned from that position for personal reasons in 1992, but continued as a staff nurse in the emergency department. Holly Martinez de Andino eventually succeeded Baril as director of Hospital’s emergency department. John Arnold [1] and Martinez de Andino indirectly supervised Baril. In early 1993, Baril began teaching nursing classes on a part-time basis at the University of South Carolina’s Aiken campus (USC-Aiken). She joined the faculty on a full-time basis later that year. Baril received an â€Å"Associate Handbook† from Hospital in May of 1997. She signed an acknowledgment form provided by Hospital, indicating she would familiarize herself with the handbook and that she understood the handbook â€Å"constitute[d] the personnel policies of [Hospital] and that [she was] governed by them. † The handbook and acknowledgment form contained disclaimer language: Please Read! Important Employment Information The information contained in this booklet is designed to serve only as a reference to Aiken Regional Medical Centers policies and procedures. Aiken Regional Medical Centers reserves the right to amend this guide as necessary at any time, with or without prior notice. Current hospital policies and procedures will apply in all cases. Please remember that this booklet does not constitute a contract between you and Aiken Regional Medical Centers. Employment at Aiken Regional Medical Centers is on a voluntary basis and either you or the Facility may terminate this employment relationship at any time with or without reason or prior notice. No associate of Aiken Regional Medical Centers has the right to make verbal promises or commitments which may create a contract and thereby alter the â€Å"employment at will† relationship. (Emphasis added). Additionally, the handbook’s â€Å"Recruiting and Hiring† section included similar language: In no event shall a hiring of an associate be considered as creating a contractual [re]lationship between the associate and the Facility; and, unless otherwise provided in writing, such relationship shall be defined as â€Å"employment at will,† where either party may dissolve the relationship. (Emphasis added). However, the acknowledgment form states that â€Å"the information in [the] handbook is subject to change/revision† and â€Å"any change will be communicated through the usual channels. † The handbook incorporated a detailed, progressive disciplinary procedure. Two categories of offenses were specifically identified. The categories were bifurcated: (1) actions meriting immediate termination; and (2) actions warranting termination for continuous violations. In July of 1998, Martinez de Andino disciplined Baril for allegedly slamming a door in Arnold’s face and disagreeing with Hospital’s management regarding a management issue. [2] Baril was first suspended and later given a â€Å"final† written warning. Yet, the handbook’s procedure mandated use of a â€Å"final† written warning only after two previous warnings. Baril had not previously been warned or disciplined. Baril asked Hospital to change her work status from full-time to part-time in November 1998. She continued to teach full-time at USC-Aiken. Baril initiated a grievance pursuant to Hospital policy. Hospital’s chief executive officer, Richard H. Satcher, investigated Baril’s complaint and found sufficient cause to purge the disciplinary action from Baril’s employment file. As a condition to purging her employment file, Satcher required Baril and Martinez de Andino to meet with Hospital’s director of human resources, Richard Lowe, and director of nursing, Mary Ann Angle. The purpose of the meeting was to â€Å"clarify understandings and expectations† regarding Baril and Martinez de Andino’s working relationship. In January of 1999, Baril met with Martinez de Andino, Lowe, and Angle to discuss problems between Baril and Martinez de Andino. During the meeting, Baril expressed concern that Martinez de Andino had targeted Baril for termination which Martinez de Andino intended to accomplish using the disciplinary procedure. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Lowe delivered a copy of the new policy to Baril. Regarding its purpose, the policy stated: To set standard operating procedures in order to ensure that all associates are fully aware of the conduct expected of them. This policy will also ensure fair and consistent treatment to associates if violations of these standards of conduct occur. This policy is based on the concept of increased severity in disciplining associates who repeatedly violate hospital rules while performing work for the hospital or while on hospital premises. Written counselings are given for initial, minor infractions of rules; if the infractions continue harsher discipline is enforced. However, situations which are so serious that they require immediate stern disciplinary action will not follow a progressive concept. [Hospital] reserves the right to administer disciplinary action as it deems appropriate for the circumstances involved. (Emphasis added). The new policy provided: â€Å"Discipline is an instrument for changing unacceptable performance or behavior, and for providing motivation and encouragement for disciplined associates. † The new policy described four general categories of disciplinary offenses, ranging in degree of seriousness from greatest (critical offenses) to least (minor offenses). The category of â€Å"critical offenses† included actions that constituted â€Å"serious violations of rules or associate misconduct which justify immediate termination without regard to the associate’s length of service or prior conduct. † The new policy contained various examples of critical offenses. It specified in section 2. 2. 2 of HR116 that actions of â€Å"[d]ishonesty, fraud, theft (regardless of the amount), [or] unauthorized removal of hospital property† were examples of critical offenses. At the end of the meeting, Baril and Martinez de Andino signed a document identifying â€Å"expectations† concerning Baril’s and Hospital’s obligations to each other. The details of the document consisted of expectations related to performance and communications. On July 6, 1999, Baril suffered injuries when a cabinet fell on her while at work. She immediately sought treatment for injuries involving muscle strain, subperiosteal hematoma, and an impinged nerve. Baril filed an accident report and claim for Workers’ Compensation benefits at the time of the accident. Four days after her accident, on July 10, 1999, Baril traveled to Tacoma, Washington, for a vacation. When Baril arrived, she received a telephone message indicating Hospital called her sister in an effort to contact Baril. In response, Baril called Hospital on its toll-free number and asked to speak to someone in her department. After a brief conversation with a coworker, Baril asked the coworker to transfer her call to her sister’s home in Aiken. Baril informed her sister that she had arrived in Washington safely, and asked why Hospital wanted to talk to her. Baril’s sister offered to call Hospital to ask why it had contacted her to try to reach Baril. However, Baril declined her sister’s offer. According to telephone company records, the call lasted thirty-two seconds. No evidence exists in the record concerning the cost of the call or whether Hospital sustained any economic loss as a result of the call. Baril returned from vacation on July 17, 1999. When she reported to work the following day, Baril was told to meet with Arnold and Martinez de Andino. At the meeting, Baril learned that by using Hospital’s toll-free number for personal use, she violated section 2. 2. 2 of Hospital Policy HR116, which cites â€Å"[d]ishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property,† as â€Å"critical offenses† justifying immediate termination. Baril offered to pay for the telephone call, but Arnold refused to accept payment and informed her she was being terminated. Baril exited the premises a short time thereafter. Baril filed this cause of action averring (1) Hospital created a contract of employment between Baril and itself through its written employee handbook, its amendments to the handbook, and its conduct regarding the handbook’s policies, particularly the mandatory language of the disciplinary procedure in HR116 and verbal assurances provided by Lowe during the January 1999 meeting; (2) Hospital breached the contract between Baril and itself by wrongfully terminating her; and (3) Hospital violated S. C. Code Ann.  § 41-1-80 (Supp. 2001) by terminating Baril in retaliation for filing a Workers’ Compensation claim. Baril sought $403,508 in actual damages, plus costs and other just and proper relief. Hospital answered, generally denying Baril’s allegations and claiming it â€Å"acted in good faith† when dealing with Baril’s discipline and termination. Hospital specifically asserted that Baril was an at-will employee throughout her employment with Hospital, and denied the existence of an employment contract. Hospital further claimed that, even if any employment contract existed, Hospital never breached it and that Baril’s discharge was not wrongful. Hospital cited Baril’s own conduct as the source of â€Å"any and all of the employment actions that [Hospital] took against [Baril]. † Additionally, Hospital maintained that Baril â€Å"failed to meet [Hospital’s] established work standards, stole [Hospital’s] time and possibly money when making an impermissible telephone call, and violated at least one of [Hospital’s] specific written Company policies for which [Hospital’s] action was a stated remedy of the violation. † Finally, Hospital contended Baril failed to mitigate any damages she might have sustained. Hospital moved for summary judgment, arguing no material issues of fact existed and Hospital was entitled to judgment as a matter of law. The Circuit Court conducted a hearing on the motion and issued an order finding: (1) Hospital’s policies did not constitute an implied employment contract as a matter of law, even when viewed in the light most favorable to Baril; (2) even if Hospital’s policies constituted an implied employment contract, Hospital’s actions did not breach the contract because it acted pursuant to the express terms of the alleged contract and because Baril’s interpretation of the alleged contract was â€Å"strained and unreasonable and would have led to absurd consequences†; (3) Hospital did not breach any alleged contract because on the date Hospital terminated Baril it had a â€Å"reasonable, good faith belief that, pursuant to the language of HR 116, it had sufficient and just cause to terminate [Baril’s] employment†; (4) Baril failed to establish a retaliation claim because she â€Å"based this cause of action merely upon her own self-serving, unsup ported opinions and the temporal proximity between the filing of her workers’ compensation claim and her termination of employment†; and (5) Baril failed to mitigate her damages because she â€Å"did nothing to seek employment or mitigate damages in any way. † The Circuit Court dismissed all of Baril’s claims with prejudice. STANDARD OF REVIEW When reviewing the grant of a summary judgment motion, the appellate court applies the same standard which governs the trial court under Rule 56(c), SCRCP: summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fleming v. Rose, 350 S. C. 488, 567 S. E. 2d 857 (2002); Ferguson v. Charleston Lincoln Mercury, Inc. , 349 S. C. 558, 564 S. E. 2d 94 (2002). In determining whether any triable issue of fact exists, the evidence and all inferences which can reasonably be drawn therefrom must be viewed in the light most favorable to the nonmoving party. Faile v. South Carolina Dep’t of Juvenile Justice, 350 S. C. 315, 566 S. E. 2d 536 (2002); McNair v. Rainsford, 330 S. C. 332, 499 S. E. 2d 488 (Ct. App. 1998). If triable issues exist, those issues must go to the jury. Young v. South Carolina Dep’t of Corrections, 333 S. C. 714, 511 S. E. 2d 413 (Ct. App. 1999). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law. Vermeer Carolina’s, Inc. v. Wood/Chuck Chipper Corp. , 336 S. C. 53, 518 S. E. 2d 301 (Ct. App. 1999). All ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party. Bayle v. South Carolina Dep’t of Transp. , 344 S. C. 115, 542 S. E. 2d 736 (Ct. App. 2001). Even when there is no dispute as to evidentiary facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Hall v. Fedor, 349 S. C. 169, 561 S. E. 2d 654 (Ct. App. 2002). Moreover, summary judgment is a drastic remedy which should be cautiously invoked so no person will be improperly deprived of a trial of the disputed factual issues. Lanham v. Blue Cross and Blue Shield, 349 S. C. 356, 563 S. E. 2d 331 (2002); Trivelas v. South Carolina Dep’t of Transp. , 348 S. C. 125, 558 S. E. 2d 271 (Ct. App. 2001). ISSUES I. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s written policies and actual practices created an employment contract between the parties? II. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s actions in terminating Baril’s employment breached a contract between the parties? III. Did the Circuit Court err in granting summary judgment on the issue of whether Baril acted reasonably in attempting to mitigate her damages? LAW/ANALYSIS I. Existence of Employment Contract Baril maintains the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether Hospital’s written policies and actual practices created an employment contract between Baril and Hospital. We agree. South Carolina recognizes the doctrine of employment at-will. Prescott v. Farmers Tel. Coop. , Inc. , 335 S. C. 330, 516 S. E. 2d 923 (1999). This doctrine provides that a contract for permanent employment is terminable at the pleasure of either party when unsupported by any consideration other than the employer’s duty to provide compensation in exchange for the employee’s duty to perform a service or obligation. Id. â€Å"At-will employment is generally terminable by either party at any time, for any reason or no reason at all. † Prescott, 335 S. C. at 334, 516 S. E. 2d at 925. However, an employer and employee may contractually alter the general rule of employment at-will, thereby restricting the freedom of either party to terminate the employment relationship without incurring liability. See Small v. Springs Indus. , Inc. , 292 S. C. 481, 357 S. E. 2d 452 (1987). For example, an employee handbook may create a contract altering an at-will arrangement. Id. Because an employee handbook may create an employment contract, the question of whether a contract exists is for a jury when its existence is questioned and the evidence is either conflicting or admits of more than one inference. Conner v. City of Forest Acres, 348 S. C. 454, 560 S. E. 2d 606 (2002) (stating summary judgment is inappropriate in most instances when handbook contains both a disclaimer and promises). The presence of promissory language and a disclaimer in the handbook make it ambiguous and subject to more than one interpretation. [3] See Fleming v. Borden, 316 S. C. 452, 450 S. E. 2d 589 (1994) (stating that a handbook containing both a disclaimer and promissory language should be viewed as inherently ambiguous). Here, the handbook states that it does not operate to change the at-will nature of employment to a contractual relationship. However, the handbook’s procedures concerning progressive discipline, discharge, and grievance are couched in mandatory terms, including assurances that the procedures will be followed. As to Lowe’s statements regarding the new disciplinary policy, Baril testified: Richard Lowe told me, guaranteed me that the new disciplinary policy was put into effect for exactly that reason because I told Richard, I said, you know, I have been a manager, and you can use a disciplinary procedure to try to eliminate people or try to help people grow and have positive behaviors and goals and grow. And Richard Lowe said that is what that policy is for, is to help you, and that is what is going to be happening from this point forward, and I felt that that was a guarantee, was a contract, a verbal contract that I would be treated equitably, that I would be—that I would not be targeted any further, that the grievance was over, and we were to go forward. And so I felt at that time that that was a contract that was made . . . . Thus, the court concluded that the procedures and practices established by the Hospital was more than sufficient for it to arrive at the conclusion that an employment contract was created between the parties. II. Hospital’s Actions in Terminating Baril’s Employment Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist regarding whether Hospital’s actions in terminating her employment breached an employment contract between Hospital and Baril. We agree. When an employment contract only permits termination for cause, the appropriate test on the issue of breach focuses on whether the employer had a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Conner v. City of Forest Acres, 348 S. C. 454, 464, 560 S. E. 2d 606, 611 (2002) (emphasis added). â€Å"[T]he fact finder must not focus on whether the employee actually committed misconduct; instead, the focus must be on whether the employer reasonably determined it had cause to terminate. † Id. at 464-65, 560 S. E. 2d at 611. a. Reasonable Good Faith In the January 1999 meeting, Baril expressed concern that Martinez de Andino disliked her and would use Hospital’s disciplinary process to terminate her. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Nevertheless, reasonable minds could disagree as to whether Hospital proceeded to act in reasonable good faith by using the disciplinary policy to immediately terminate Baril for using the toll-free line to transfer one possibly business-related telephone call to Baril’s sister for thirty-two seconds. Additionally, our Supreme Court has held that summary judgment should not ordinarily be used to resolve the question of whether an employer acted under a reasonable good faith belief that sufficient cause existed for termination. Conner, 348 S. C. at 465, 560 S. E. 2d at 611-612. Viewing the evidence in the light most favorable to Baril, we find that reasonable minds could differ as to whether Hospital acted with good faith in terminating Baril. b. Sufficient Cause Hospital alleges it followed its disciplinary policies in terminating Baril. Hospital contends Baril’s request that her call on Hospital’s toll-free line be transferred to her sister’s private residence constituted an act of â€Å"dishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property. † Thus, Hospital avers Baril demonstrated violation of a â€Å"critical offense† meriting immediate termination. However, Hospital never announced a policy against use of its toll-free telephone line by employees for personal or private business, although the written materials of Hospital purported to communicate policies and changes to Hospital employees. Furthermore, Baril declared that other Hospital employees had engaged in similar behavior without Hospital’s objection, thereby raising the possibility that Hospital tacitly condoned the practice. Assuming, arguendo, that Hospital rightfully concluded such employee use of its toll-free telephone lines for private purposes constituted dishonesty, fraud, or theft sufficient to merit immediate termination under its policy, evidence exists that Baril’s telephone call to her sister originated in matters related to her employment at Hospital. Moreover, Hospital failed to produce any evidence that it suffered a loss related to the telephone call. In addition, Hospital rejected Baril’s good-faith efforts to compensate Hospital for any loss it may have sustained for the thirty-two second call, although Hospital’s undisputed practice was to permit employees to reimburse it for private long-distance telephone calls. The Circuit Court determined â€Å"no evidence showed or even suggested that [Baril] ever reimbursed or attempted to reimburse Hospital for any of these calls. † A cursory reading of the record contradicts this finding. First, the phrase â€Å"any of these calls† wrongly implies that Baril made more than one call, contrary to undisputed evidence that she only made one call at issue. Next, the record is replete with testimony from Baril and Lowe that Baril immediately offered to reimburse Hospital for any expenses related to the telephone call. Hospital maintains Baril abused her authority by ordering a subordinate to transfer the telephone call outside the Hospital. Yet, the record contains no evidence that Baril had any subordinates at the Hospital at the time she placed the call. In fact, the employee whom Baril asked to transfer the call was only considered a subordinate by the trial court because she had previously been one of Baril’s nursing students. Viewing the evidence in the light most favorable to Baril, we conclude her actions constituted a mere peccadillo at worst and that reasonable minds could differ concerning whether Hospital terminated Baril with just cause. III. Mitigation of Damages Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether she made reasonable efforts to mitigate her damages. We agree. A party injured by the acts of another is required to do those things a person of ordinary prudence would do under the circumstances, but the law does not require him to exert himself unreasonably or incur substantial expense to avoid damages. McClary v. Massey Ferguson, Inc. , 291 S. C. 506, 354 S. E. 2d 405 (Ct. App. 1987). Whether the party acted reasonably to mitigate damages is ordinarily a question for the jury. Id. Baril did not seek other employment throughout this litigation. However, she attempted to justify her behavior. First, she testified she did not want to reveal to potential employers that she had been fired. Second, she testified that there were no other hospitals with emergency rooms in or near Aiken, where she resided. Thus, she would have been forced to either commute or relocate in order to perform similar work. Baril did not want to relocate because she had a home and family in Aiken, where she taught college classes on a full-time basis. Baril speculated that a lengthy commute would interfere with her teaching career. Considering the evidence in the light most favorable to Baril, reasonable minds could disagree over whether she made reasonable efforts to mitigate her damages. The trial court should have allowed this question to be resolved by a jury. CONCLUSION Accordingly, the trial court’s decision is REVERSED and REMANDED. CONNOR and STILWELL, JJ. , concur. [1] John Arnold’s specific job title is unclear in the record, which indicates he operated in a supervisory capacity similar to that of Martinez de Andino. [2] Shortly before Martinez de Andino initiated the July 1998 disciplinary action against Baril, a dispute arose between them concerning Martinez de Andino’s decision to hire paramedics to perform nursing functions in the emergency room. Baril learned from the South Carolina Department of Health and Environmental Control that South Carolina law prohibited paramedics from performing some of the functions that Martinez de Andino intended for them to perform. Baril conveyed this information to Martinez de Andino, who told Baril to â€Å"deal with it. † Baril contends Martinez de Andino resented Baril’s input, leading to a souring of their relationship that motivated her to seek Baril’s termination. [3] Baril and Hospital clearly disagree about the existence of a contract.

bfskinner essays

bfskinner essays Burrhus Frederic Skinner, psychologist and behaviorist, was born in Susquehanna, Pennsylvania in 1904 to William Skinner and Grace Burrhus. His father was a lawyer and his mother was a naturally bright woman. Skinner had only one sibling a brother who died at the age of sixteen. Skinner lived most of his life in Susquehanna. He did not leave the house he was born in until he left to go to college. He was raised very close to his grandparents, who had a major impact on his early life. He was also close to his parents. He and his mother and father all graduated from the same high school. This was the same school that he had attended for all twelve years of his education. Skinner attended Hamilton College at the recommendation of a family friend. He took many different types of courses before deciding to major in English and minor in Romance Languages. Skinner felt that he did not fit in at college. He disliked the fraternity that he had joined and he did not understand why the college required the courses that it did. The summer before his senior year he attended the Middlebury School of English at Breadloaf, Vermont. During this summer he had lunch with Robert Frost. Frost asked to see his work and gave Skinner a lot of encouragement. This led him to the decision to become a writer. Skinner's father was not happy with this decision. He has hoped that his son would become a lawyer, like himself. His father eventually agreed to his decision, and Skinner moved back home to start his new career. He built himself an office in his parents' house where he could write. He was to try to be a writer for two years, and if this did not work out he would get a real job. It did not work out. Skinner played around instead of writing. He eventually wrote a mediocre book for the oil companies just to save his self-respect. After writing the book, Skinner spent six months in New York. In the Fall, Skinner went off to Harvard to begin his study ...

How to Become the Leading Authority In Your Niche [PODCAST]

How to Become the Leading Authority In Your Niche [PODCAST] Would you like to be known as the go-to when it comes to getting information on a specific topic? Positioning yourself as an expert would help you build your following, increase your engagement, and grow your business. Publishing excellent content is a great way to do all of these things. Today’s guest is Nicole Kohler, the content manager at WooCommerce, an Automattic brand. She’s going to talk to us about how to score and prioritize content, improve your processes, and become the leading authority in your niche. Information about WooCommerce and what Nicole does there as the content manager. How Nicole gathers ideas for the WooCommerce site and blog, how they decide which ideas to use, and how they keep them organized. Tips for judging ideas that come in from people inside of the company, including the evaluation system WooCommerce uses. How Nicole decided that a former process for evaluating content wasn’t working and how she made the necessary changes. What a content brainstorming meeting looks like. How WooCommerce uses personas to develop engaging content that keeps readers coming back for more. Some of the results that Nicole is particularly proud of. Nicole’s best tips for someone hoping to improve their content. Links: WooCommerce Nicole on LinkedIn If you liked today’s show, please subscribe on iTunes to The Actionable Content Marketing Podcast! The podcast is also available on SoundCloud, Stitcher, and Google Play. Quotes by Nicole: â€Å"We have this culture of content where everyone’s looking for these ideas and coming to me and saying, here’s a really cool thing I saw, and we can write about that.† â€Å"You have to think about what you’re good at and what you know better than anyone else. I think the biggest mistake that some content producers make is trying to focus on everything in their particular area.† â€Å"You, whether you realize this or not, are genius about your subject. Own your genius, own your thing, and write about that.†

Superstore Salterton Essays

Superstore  Salterton Essays Superstore  Salterton Essay Superstore  Salterton Essay Yes, because they need to be near where their customers live to buy things like milk, bread sweets, etc. No because they buy their products ready made. No because it is small the customers dont buy much, however it must have good roads to it for delivery lorries. No, and any managers can afford to travel further Yes, needs to be easy to get to by bus or walking as most workers will not have a car.Cheaper then metro as it is not in the town centre Superstore Salterton rd Exmouth Devon EX8 2TS Yes, needs to be easily driven to and have a big car park. No because they buy their products ready made. Yes, because the have many more customers and are more likely to buy more things. Also they will have more deliveries and they deliver to peoples houses so they need to be good for the delivery vans. No, and any managers can afford to travel further Yes, needs to be easy to get to by bus or walking as most workers will not have a car.Outside town so it is much cheaper and they have room to expand. Extra Lee Mill Industrial Estate, Central Avenue, Ivy bridge, Devon, PL21 9PE No, because it is very big and attracts customers from along way away! No because they buy their products ready made. Yes, the have more customers and are more likely to buy more things. Also they will have more deliveries and they deliver to peoples houses so they need to be good for the delivery vans.No, and any managers can afford to travel further Yes, needs to be easy to get to by bus or walking as most workers will not have a car. Outside town so it is much cheaper and they have room to expand Online No, because their lorries deliver to anyone in the country. No because they buy their products ready made. Yes because they need to deliver a lot. Also they will have more deliveries and they deliver to peoples houses so they need to be good for the delivery vans. Need website specialists. Yes, needs to be easy to get to by bus or walking as most workers will not have a car.

Strategy at Different Levels of a Business Essay

Strategy at Different Levels of a Business - Essay Example It defines the tactics that will assist the company to realize its objectives. The business strategy also defines the number of resources that an organization requires and it is going to manage in order to achieve its goals. This business plan dictates the steps to be followed and the responsible persons for each step. Â  Business strategy is more than visioning, forecasting, and planning. Implementation is what matters most and this should be done carefully to ensure that there is a match between the internal capabilities of the organization and its external environment. The strategies should influence the position of the organization at any time. It should enable the stakeholders to understand the better ways of realizing the desired objectives. Application of the business strategy is very paramount as it bounds business operations together. Â  Corporate Strategy- business should meet the expectations of the diverse stakeholders; customers, employees, and the owners. This level of strategy deals with the objectives and the purpose of the business in satisfying the stakeholders. At this level, the owners or the investors are very influential as they act to guide the decision makers to achieving the stated goals. Â  Business Unit Strategy- Fair competition is a factor that cannot be neglected by the organization. It is imperative that the organization is in a position to compete successfully in the economy. This strategy is governed by the demands of the market hence the organization is obliged to ensure that the right products of the right quality are supplied in the market to enable it to compete with others competitively. At this level, the products should meet customers needs enabling the organization to outwit the competitors.

Discuss Adorno's and the Frankfurt Sschools Concept that Celebrities Essay

Discuss Adorno's and the Frankfurt Sschools Concept that Celebrities Are One of the Means Through Twhich Capitalism Achieves it - Essay Example According to Boldrin and Levine (2002), â€Å"†¦countries are better off facilitating processes that are attractive to multinational companies and countries† (p. 212). Furthermore, the western culture has had the biggest influence on many other cultures in the world, to the angst or happiness of different people. The internet and the advent of computers have had a very big role to play in this spread of celebrity lifestyle. unlike in the past, with the click of the mouse, a fan can follow what their favorite celebrity is doing, what they eat, where they live and the minutest details of their lives. This, many people tend to imitate. This has led to many companies endorsing celebrities to market their products, banking on the fact that whatever the celebrities will be wearing, eating or be seen with will have the masses of their fans following suit, hence increase their sales. Needless to say, this does not come cheap, both to the endorsing companies and to the masses foll owing blindly. Social control is a phenomenon that is experienced by masses in the world, whether they are aware of it or not. It s described as the influence on individuals’ behaviors by institutions in the public through public opinion, social and religious organizations, use of force or violence, through appealing to people’s emotions and desires and also through use of leaders or celebrities in order to bring out certain reactions from the public in general. In the past, social control was a positive force that was meant to keep the fabric of society intact and keep evil and criminal activities at bay. However, with the media becoming more and more powerful, they have tapped into the idea of social control to influence people in order to gain monetary and other kinds of benefits, at the detriment of the whole society. This is seen through the influence caused by advertisements, TV and radio programs and wide coverage of celebrity lives, making masses desire the sam e kind and try to imitate this. Hui (2002) points out that â€Å"we found that, at least in the case of movies, the supply of creative work responded to economic incentives and consumer behavior† (p. 217.). The fact that the world has become largely capitalist is a factor that is stoking this flame. The result of this is mass deception, where the populations are made to believe that what they are seeing is the ideal of life and that they should strive to achieve these standards set by the media and celebrities. This is despite the fact that the lives celebrities live cost a fortune and cannot be achieved, at least in the short run, by most ordinary people. The result is that people have engaged in very destructive habits in order to buy into this deception. These habits include borrowing and using credit facilities beyond their means in order to get what the media has suggested, gambling, criminal activities, disregarding the old methods of working hard in order to achieve su ccess and instead depending too much on lotteries and wasting more money, amongst other socially deviant activities in order to feed their desires. According to The Culture Industry: Enlightenment as Mass Deception" Adorno and Horkheimer Frankfurt school, this is exactly what the media and the celebrity culture is using to deceive the masses. In their argument, Adorno and Horkhe

Use of Information technology in education Essay

Use of Information technology in education - Essay Example The paper presents that there are several benefits that can be obtained from the use of Information technology in education presently. Generally, when we talk about IT we simply mean computers together with their networks; however, in this instance, we also mean some other technologies that help in moving information around from one region or place to another. While most academic institutions have their own systems and databases, there is a huge lake of linking these institutions which make it as islands of automation. This is because most of academic institutions often purchase systems to address its internal needs. Consequently, the academic institutions provide physical evidence of our achievements that everyone needs for further study or employment. Many academic institutions have always been in need of economical options for storing and maintaining information that might be essential or critical from a service viewpoint. Virtual vaults and even some other systems of security do not only store essential information but also enable control over the accessibility to such data. Adoption of IT security systems has appeared as the best and safest way as it helps in protecting virtual data from things such as wiping out or even hacking in the case of a technical hitch. However, even though IT has appeared as the best solution to problems that are related to the storage of information, we find that there are some instances that some illegal activities could emerge from these paper-based certificates; the paper is going to conceptualize these problems.... Now, we are going to focus on two illegal activities, which are forgery and identity fraud. 2.1.1 Forgery Forgery is a crime in which someone falsifies something with the intent to deceive. Unfortunately, the technology revolution makes creation of fake paper-based documents easier. In the present world, there are number of sites available on the Internet to issue fake degree certificates. It is a growing trade worldwide in counterfeit university degree certificates and academic transcripts, which in turn creates a potential damage to the universities and employment systems. In May 2004, an audit showed that around 463 employees in the federal government in the US had the fake academic degrees (Murthy, 2011). Forgery is defined in State v. Lutes,38 Wn.2d 475, 479, 230 P.2d 786 (1951), as "... the false making of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud any person or persons....".( State v. Goranson,1965) 2.1.2 Identity fraud In some cases, while the paper-based certification is real, there is a potential illegal activity by using the right certification with the fake person. Identity fraud is described as: ‘That someone with malicious intent consciously creates the semblance of an identity that does not belong to him or her, using the identity of someone else or of a non-existing person’ (Koops and Leenes, 2006). Identity fraud could be described functionally: ‘Identity fraud arises when someone takes over a totally fictitious name or adopts the name of another person with or without their consent.’ (Koops and Leenes, 2006). The fraud triangle theory (How fraud is likely to occur) The fraud triangle theory was developed by Cressey (1973), a

The relationship between motivation and experience of Chinese tourists Dissertation

The relationship between motivation and experience of Chinese tourists to UK - Dissertation Example Keywords: Hospitality, Tourism, Culture, Outbound Tourism, Destination Image, Motivation, Push-and-Pull, Chinese Tourists; Characteristics Acknowledgements This study has been completed with the support and guidance of my supervisor, who has been of tremendous encouragement. Acknowledgements are also due to the respondents and participants to the study for their time and cooperation in sharing their feelings and experiences. The researcher also owes thanks to the friends that have helped in editing and refining the study. Table of Contents Chapter One: Introduction 1.1 Background 1.1.1 Global Outbound Tourism 1 1.1.2 China’s Outbound Tourism 4 1.2 Rationale for the Study 6 1.3 Research Aims and Objectives 9 1.4 Research Questions 9 1.5 Structure of the Study 10 Chapter Two: Literature Review 2.1 Chapter Overview 11 2.2 Hospitality Industry 2.2.1 Overview 11 2.2.2 Hospitality and culture 11 2.3 Tourism 2.3.1 Overview 12 2.3.2 Tourism and Culture 13 2.4 Motivation 2.4.1 Definiti on and concept of Motivation 16 2.4.2 Motivation to Travel 17 2.4.3 Motivation for the Chinese Tourists 19 2.5 Characteristics of Chinese tourists 20 2.6 Tourism Experience 21 2.7 Push-and-pull framework 23 2.8 Destination Image 24 2.9 Chapter Summary 25 Chapter Three: Methodology 3.1 Research Philosophy 26 3.2 Epistemology 26 3.3 Research Phenomenon 26 3.4 Research Design 26 3.5 Research Methodology 27 3.6 Data Collection Instruments 29 3.7 Sampling Strategy 32 3.8 Data Analysis 33 3.9 Reliability and Validity 33 3.10 Ethical concerns 34 Chapter Four: Findings & Discussions 4.1 Chapter Overview 35 4.2 Presentation of Findings from the Survey 35 4.3 Presentation of Findings from Interviews 39 4.4 Discussion 42 4.5 Response to research questions 49 4.6 Chapter Summary 50 Chapter Five:... Tourists’ search for novel and distinctive experiences and sensations has been the drivers of outbound tourism (Là ³pez-Guzmà ¡n and Sà ¡nchez-Caňizares, 2012). International travellers are by nature novelty-seeking, inspired by a sense of exploration and adventure (Hartman, Meyer and Scribner, 2009). As per United Nations World Tourism Organization (UNWTO, 2008) international tourism has been experiencing consistent growth and destination diversification (cited in Hartman, Meyer and Scribner, 2009). International tourist arrivals grew from 25 million in 1950 to 903 million in 2007, as per UNWTO which suggests an average growth rate of four percent. By 2020 this number is expected to reach 1.1 billion. So far people from Europe and the Americas accounted for the largest travel but now people from several countries such as Middle-East, North-East, South Asia, and Central and South America also travel to overseas destinations. Travel has now become a mainstream activity fo r the masses. This is perhaps the reason that despite the political crises and natural catastrophes in 2011, the World Tourism Organization (UNWTO) predicted that international arrivals would increase by 4-4.5% in 2012 to an all-time high (ITB, 2011). Despite the uncertain economic outlook, industry experts have expressed optimism for moderate growth. Rising incomes in the emerging markets, stable employment and disposable income in mature markets are expected to drive the growth. The world travel and tourism was impacted in 2011 due to several events such as the conflicts and revolutions in Arab countries, the Tsunami and nuclear disaster in Japan, and the political and economic drama in Greece (ITB, 2011).

Use of Information technology in education Essay

Use of Information technology in education - Essay Example The paper presents that there are several benefits that can be obtained from the use of Information technology in education presently. Generally, when we talk about IT we simply mean computers together with their networks; however, in this instance, we also mean some other technologies that help in moving information around from one region or place to another. While most academic institutions have their own systems and databases, there is a huge lake of linking these institutions which make it as islands of automation. This is because most of academic institutions often purchase systems to address its internal needs. Consequently, the academic institutions provide physical evidence of our achievements that everyone needs for further study or employment. Many academic institutions have always been in need of economical options for storing and maintaining information that might be essential or critical from a service viewpoint. Virtual vaults and even some other systems of security do not only store essential information but also enable control over the accessibility to such data. Adoption of IT security systems has appeared as the best and safest way as it helps in protecting virtual data from things such as wiping out or even hacking in the case of a technical hitch. However, even though IT has appeared as the best solution to problems that are related to the storage of information, we find that there are some instances that some illegal activities could emerge from these paper-based certificates; the paper is going to conceptualize these problems.... Now, we are going to focus on two illegal activities, which are forgery and identity fraud. 2.1.1 Forgery Forgery is a crime in which someone falsifies something with the intent to deceive. Unfortunately, the technology revolution makes creation of fake paper-based documents easier. In the present world, there are number of sites available on the Internet to issue fake degree certificates. It is a growing trade worldwide in counterfeit university degree certificates and academic transcripts, which in turn creates a potential damage to the universities and employment systems. In May 2004, an audit showed that around 463 employees in the federal government in the US had the fake academic degrees (Murthy, 2011). Forgery is defined in State v. Lutes,38 Wn.2d 475, 479, 230 P.2d 786 (1951), as "... the false making of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud any person or persons....".( State v. Goranson,1965) 2.1.2 Identity fraud In some cases, while the paper-based certification is real, there is a potential illegal activity by using the right certification with the fake person. Identity fraud is described as: ‘That someone with malicious intent consciously creates the semblance of an identity that does not belong to him or her, using the identity of someone else or of a non-existing person’ (Koops and Leenes, 2006). Identity fraud could be described functionally: ‘Identity fraud arises when someone takes over a totally fictitious name or adopts the name of another person with or without their consent.’ (Koops and Leenes, 2006). The fraud triangle theory (How fraud is likely to occur) The fraud triangle theory was developed by Cressey (1973), a

Exam 2 Assignment Example | Topics and Well Written Essays - 750 words

Exam 2 - Assignment Example The transactions of Canada in these first two quarters of the financial year in terms of capital account, current accounts and financial accounts did not balance but showed some shift in a negative manner to -16263 dollars. In the third quarter the balance of payments further increased to -17298 dollars while in the final quarter there was a noticeable change in positive manner to -14762 dollars. In the financial year 2013 the first quarter witnessed a steady positive change in its balance of payment to -14552 dollars. There was however a negative shift further in the second quarter to -14861 dollars. The third quarter of this financial year further witnessed a shift to the positive of its balance of payments to -14250 dollars. During the final financial quarter, the liabilities outweighed the assets to a further negative change up to -15251dollars. However, these changes were due to several contributing factors that kept changing towards either direction of economic shift. These cha nges occurred due to changes in current accounts, financial accounts and capital accounts. As evident in this statistics, the economic power of Canada lies majorly on imports than exports. This is the contributing factor in this negative balance of payments. The balance on goods, imports and exports improved but more on the negative with transactions with international business community shifting to the negatives and showing that the business was more on the inside than outside. However Canada can improve its BOP by improving its manufacturing industry and also promoting innovation and agriculture. This is because they form the major part of raw materials and ideas thus improving exports and lowering imports. Financial risk management must be undertaken in order to have the economy of a nation moving in a positive direction (Pestieau 2012). Failure to do this would lead to exposure to either credit or market risks. Analyzing

The relationship between motivation and experience of Chinese tourists Dissertation

The relationship between motivation and experience of Chinese tourists to UK - Dissertation Example Keywords: Hospitality, Tourism, Culture, Outbound Tourism, Destination Image, Motivation, Push-and-Pull, Chinese Tourists; Characteristics Acknowledgements This study has been completed with the support and guidance of my supervisor, who has been of tremendous encouragement. Acknowledgements are also due to the respondents and participants to the study for their time and cooperation in sharing their feelings and experiences. The researcher also owes thanks to the friends that have helped in editing and refining the study. Table of Contents Chapter One: Introduction 1.1 Background 1.1.1 Global Outbound Tourism 1 1.1.2 China’s Outbound Tourism 4 1.2 Rationale for the Study 6 1.3 Research Aims and Objectives 9 1.4 Research Questions 9 1.5 Structure of the Study 10 Chapter Two: Literature Review 2.1 Chapter Overview 11 2.2 Hospitality Industry 2.2.1 Overview 11 2.2.2 Hospitality and culture 11 2.3 Tourism 2.3.1 Overview 12 2.3.2 Tourism and Culture 13 2.4 Motivation 2.4.1 Definiti on and concept of Motivation 16 2.4.2 Motivation to Travel 17 2.4.3 Motivation for the Chinese Tourists 19 2.5 Characteristics of Chinese tourists 20 2.6 Tourism Experience 21 2.7 Push-and-pull framework 23 2.8 Destination Image 24 2.9 Chapter Summary 25 Chapter Three: Methodology 3.1 Research Philosophy 26 3.2 Epistemology 26 3.3 Research Phenomenon 26 3.4 Research Design 26 3.5 Research Methodology 27 3.6 Data Collection Instruments 29 3.7 Sampling Strategy 32 3.8 Data Analysis 33 3.9 Reliability and Validity 33 3.10 Ethical concerns 34 Chapter Four: Findings & Discussions 4.1 Chapter Overview 35 4.2 Presentation of Findings from the Survey 35 4.3 Presentation of Findings from Interviews 39 4.4 Discussion 42 4.5 Response to research questions 49 4.6 Chapter Summary 50 Chapter Five:... Tourists’ search for novel and distinctive experiences and sensations has been the drivers of outbound tourism (Là ³pez-Guzmà ¡n and Sà ¡nchez-Caňizares, 2012). International travellers are by nature novelty-seeking, inspired by a sense of exploration and adventure (Hartman, Meyer and Scribner, 2009). As per United Nations World Tourism Organization (UNWTO, 2008) international tourism has been experiencing consistent growth and destination diversification (cited in Hartman, Meyer and Scribner, 2009). International tourist arrivals grew from 25 million in 1950 to 903 million in 2007, as per UNWTO which suggests an average growth rate of four percent. By 2020 this number is expected to reach 1.1 billion. So far people from Europe and the Americas accounted for the largest travel but now people from several countries such as Middle-East, North-East, South Asia, and Central and South America also travel to overseas destinations. Travel has now become a mainstream activity fo r the masses. This is perhaps the reason that despite the political crises and natural catastrophes in 2011, the World Tourism Organization (UNWTO) predicted that international arrivals would increase by 4-4.5% in 2012 to an all-time high (ITB, 2011). Despite the uncertain economic outlook, industry experts have expressed optimism for moderate growth. Rising incomes in the emerging markets, stable employment and disposable income in mature markets are expected to drive the growth. The world travel and tourism was impacted in 2011 due to several events such as the conflicts and revolutions in Arab countries, the Tsunami and nuclear disaster in Japan, and the political and economic drama in Greece (ITB, 2011).

Exam 2 Assignment Example | Topics and Well Written Essays - 750 words

Exam 2 - Assignment Example The transactions of Canada in these first two quarters of the financial year in terms of capital account, current accounts and financial accounts did not balance but showed some shift in a negative manner to -16263 dollars. In the third quarter the balance of payments further increased to -17298 dollars while in the final quarter there was a noticeable change in positive manner to -14762 dollars. In the financial year 2013 the first quarter witnessed a steady positive change in its balance of payment to -14552 dollars. There was however a negative shift further in the second quarter to -14861 dollars. The third quarter of this financial year further witnessed a shift to the positive of its balance of payments to -14250 dollars. During the final financial quarter, the liabilities outweighed the assets to a further negative change up to -15251dollars. However, these changes were due to several contributing factors that kept changing towards either direction of economic shift. These cha nges occurred due to changes in current accounts, financial accounts and capital accounts. As evident in this statistics, the economic power of Canada lies majorly on imports than exports. This is the contributing factor in this negative balance of payments. The balance on goods, imports and exports improved but more on the negative with transactions with international business community shifting to the negatives and showing that the business was more on the inside than outside. However Canada can improve its BOP by improving its manufacturing industry and also promoting innovation and agriculture. This is because they form the major part of raw materials and ideas thus improving exports and lowering imports. Financial risk management must be undertaken in order to have the economy of a nation moving in a positive direction (Pestieau 2012). Failure to do this would lead to exposure to either credit or market risks. Analyzing

Fire Fighting Profession And It Is Portrayal In The Media Essay Example for Free

Fire Fighting Profession And It Is Portrayal In The Media Essay The occupation of the fire fighters is one of the dangerous profession and the toughest in the American history. It can not be disputed what these patriotic citizen have done to the country during the times of need and their efforts have to be recognized. However some of the media stations have come out to refute their roles and instead they give the negative side of their work. This paper tries to bring out the role played by the media in portraying them in the negative light and at the same time the paper will show how the media has managed to portray them as heroes during the World Trade Center episode. Most of the media stations have highly given the image of the fire fighters in the negative way other than in the positive manner (Griffith 2007). The firefighters have been depicted as greed workers who are only interested in spending tax payer’s money carelessly, which is not true. This has been pointed out by several politicians who are in Left Wing Conservatives through the media in the radio talks. Usually the aim of these politicians is to oppose the government. The media has gone as far as bringing about sexual discrimination while referring to the firefighters, actually there was no female name which appeared on the wall of honors although we know that even women firefighters also died during the World Trade Center episode moreover, they have been demonstrated as not being time conscious in that much destructions has been done in their presence at the fire sites. In reality, if the case is analyzed critically, these negative claims that have been made towards the media sounds to be full of irony. According to Baigent et al, (2003), firefighters consider their jobs as a vocational profession towards the need of the citizens. One remains to wonder why the firefighters are being referred as being greedy and that they waste most of the tax payer’s money while most of the fire fighters are not funded by the government of the United States of America. Most of them are being proud of their profession regardless of the dangers exposed to them. Very few people would decide to venture in such a wanting profession which is posed with catastrophic adventures, but for them they have decided to save the citizens at their own expense. They have come out strongly to portray themselves to the public as service men who have courage and who are ready to face challenges so as to save the nation at large. At the same time they can be regarded as patriotic citizens to the United States of America. Most of the people in the public have come out to face the realities about the firefighters regardless of the negative portrayal by the media. People agree that the firefighters need to be paid a lot of money for their services since it is one of the risk occupations they venture into. (Baigent and Hill, 2003) After the tragic 9/11 terrorist attack on the World Trade Centre in New York, the firefighters were regarded as Heroes of the Nation. Although heroes are not born but made through profession, it can be said that at this time they were made through their endeavor sacrifices because they really risked their lives to save people. It is estimated that thousands of firefighters responded to this episode of the World Trade Center and at the same time many perished while trying to save the lives of their fellow brothers and sisters who needed their services at that moment. During this time many firefighters arrived at the scene but unfortunately most of them died while trying to save the lives and salvage properties worth billions of money. According to Griffiths (2007), 353 firefighters of those who responded to the attacks died and many succumbed to serious injuries but those who survived continued to with their work. At the same time these servicemen had to come from the furthest distance of the city to save the nation. For thousands of horrified workers who fled the terrorist attacks, the most remarkable sight during that time was the wave of the determined firefighters who were advancing towards the burning sky. After the terror day in New York in the United States of America, all of the fire fighters were therefore hauled and applauded as the true heroes of the nation by both the media and the public at large. They were treated with a lot of respect all over the country. In response to their heroic deeds, the media started to portray them as heroes by using different ways for example by filming them as heroes, portraying them in television talks as heroes and at the same time the media industries started to award them to motivate them to increase their input in the society. All in all, the firefighters are heroes who work because they love their risky profession without asking for any extra compensation and they need to be given respect. References: Baigent, D. , and Hill, R. 2003. Sunrise: Training Firefighters today as emergency Service workers for tomorrow. Cambridge: Anglia Polytechnic University. Griffiths, L, John, 2007. Fire Department of New York-An Operational Reference. New York.

Land Law Cases Analysis

Land Law Cases Analysis Kingsnorth Finance v Tizard [1986] 1 WLR 783 Mr and Mrs Tizard owned a matrimonial home on unregistered land. Mrs Tizard had contributed to it although it was in Mr Tizard’s name. Due to the breakdown of the matrimony Mrs Tizard spent time away from the home but returning daily to care for their children and to prepare herself for work and so often spending nights there to care for the children and leaving clothes at the property. Mr Tizard obtained a loan to which it was thought that the property was solely occupied by him and his children. Mr Tizard informing the surveyor that he and his wife were separated and that she was living outside of the property with someone else. The loan was consequently granted and Mr Tiazrd defaulted. The lenders sought to enforce the charge and the question was whether his wife’s equitable interest was defeated. This depended on whether the lender had actual or constructive notice of her rights. It was held that the plaintiff lender did have constructive notice of the wife’s rights. Their agent, the surveyor had been aware that a wife existed even through having been told the applicant was single and should have informed the lender of these contradictory facts. Given the wife’s confirmed existence further investigations should have been carried out by the plaintiffs. The occupation of the children in the house should have further alerted the surveyor as to possible occupation by their mother; Mr Tizard’s wife. Since the plaintiffs should have carried out further investigations as to the matters, they had constructive notice of the wife’s rights. Further, the fact that the inspection had been prearranged did not, in these circumstances, amount to a reasonable inspection. Caunce v Caunce [1969]1 WLR 286 A and B, intended to buy a property as a matrimonial home. It was agreed that a mortgage would be acquired in B’s name and that the property would be conveyed into their joint names. B contributed  £479.00 towards the cost of the property. But in breach of the agreement A obtained a conveyance of the property into his sole name. Without B’s knowledge A effect legal charges in favour of the bank to secure the amount lent to him. A became bankrupt and B commenced proceedings claiming that she had an equitable interest in the property and so that she was entitled to such interest free from the claims both of A’s trustee in bankruptcy and of the bank. The bank as mortgagee issued a summons seeking possession of the property. B claimed that A had held the house on trust for herself and the banks, also that the banks’ mortgages were charged only against the husband’s beneficial interest and that her interest had prior over that of the banks. She further claimed that the bankers had had constructive notice of her equitable interest in her property as she had held an account with them. It was held that the bank took free charge of her interest unless they had constructive notice of it. An enquiry into the wife’s account was not an enquiry the bank ought reasonably to have made and so there were no special facts which should have brought her interest to their attention. Mortgages were not affected with equitable interest of people residing in their property where that residence was not inconsistent with the title offered as security. They were not fixed with contrastive notice by failure to enquire. The mere fact of it being a matrimonial home did not raise a need to enquire; therefore, B’s interest was not free from the legal charge. In older cases the problem had mainly been that that the occupier, usually a wife with a beneficial interest in the family home, had been living with the registered proprietor in circumstances which are not indicative of any hostile claim. But in cases of unregistered land Stamp J in Caunce held that there would not be constructive notice of such a wife’s interests. In Williams Glyn Bank v Boland[1], the House of Lords faced similar facts in registered land. Lord Wilberforce was explicit in rejecting the relevance of the doctrine of notice. He was derisive as to the suggestion that a spouse may be subject to special rules and rejected the suggestions that actual occupation excludes occupation that is consistent with the mortgagor’s title. This test would be difficult to apply in modern circumstances as wives and other occupiers are likely to have proprietary interests. But two things must be distinguished; the first is in regards to a person who is living on land in circumstances illustrated in Caunce and Boland. That person cannot be denied to be in actual occupation in accordance with the interpretation of Stamp J: â€Å"If there is actual occupation, and the occupier had rights, the purchaser takes subject to them†¦..no further element is material.† Stamp J holding favour of the bank, also based his decision on the fact that it was quite unreasonable to expect a bank to make enquiries beyond the legal owner of the property, taking the view that;[2] â€Å"it is not in the public interest that the bank mortgages should be snoopers and busybodies in wholly normal transactions of mortgage.†[3] The courts have already concluded that where there is doubt as to whether there was actual occupation then it is looked to the question of whether the occupation would have been obvious to a purchaser.[4] Turning to Tizard, Judge Finaly QC was clear that there was actual occupation as the Boland test was applied even though the fats concerned unregistered land. Although the Mrs Tizard was no longer living there, her daily activities must be regarded sufficient to justify the result. Concluding The case law involving both unregistered and registered land before the 2002 Act suggests that proper enquiries were considered necessary. The leading authority in respect of unregistered land was Caunce where it was thought that notice of the presence of the wife did not of itself give the bank notice of her interest in the property. But in Tizard it was decided that the mortgagee may be fixed with notice of the co-owners interest by her actual occupation. In Tizard it was held that the bank did have constructive knowledge because the inspection took place on a Sunday in dubious circumstances.So far as registered land is concerned it will be a rare case where the beneficiary will both be in actual occupation and unaware of the banks charge. However, there may still be cases where the lender is ignorant of the beneficiarys interest. The Law Commission recommended[5] that occupation of the beneficiary claiming a beneficial interest should have been apparent on reasonably careful inspe ction and this recommendation has now been incorporated in Schedule 3 of the Land Registration Act 2002 in respect of registered dispositions. As emphasised by the Law Commission it was knowledge of the occupation that was important not knowledge of the interest claimed.In conclusion, the law as enacted in the 2002 Act combined with the cases since Boland[6] gives the lender a high degree of protection. Banks are likely to make standard enquiries and any failure to disclose will enable them to take free of the beneficiarys interest where, for example, a wife knows that her husband is charging the property. There may still be exceptional cases where the wife neither knew nor ought to have known of the husbands charge over the property or where the wife is in occupation through an agent[7] whose relationship to her is not obvious to an outsider. However, those cases are likely to remain rare. Considering the facts of these cases from a modern perspective; the problem here is the matter of presumption as well as occupation. The operation of presumptions in English law is problematic. There are situations established by case law in which is it presumed that the transfer of property manifests an intention to create a gift of that property. The two most usually cases are the transfer of property from father to child and from husband to wife. So the use of presumption in society today is questionable. There is no logic behind the reasoning that a presumption may exist behind the transfer between father and child if the transfer may not necessarily exist between mother and child. In the times when presumptions were created it would thought natural for the court to assume that a man would be obliged to provide for his wife and children. So it was presumed that a transfer of property to a wife or child was thought to be part of his obligation to maintain them. Yet this presumptio n did not exist between a wife and her husband as it was thought that women did not usually have a property of their own. At this time husbands and wives were thought to be one person[8]as the wife was merely â€Å"the shadow of her husband†.[9] Caunce very much reflects an era where women were considered to rarely own property of their own and were not often thought of as earning incomes and so were reliant on either their husbands or fathers. The presumption of advancement between husband and wife belonged to era were men were expected to look after women for the above reasons. It was only with Caunce, in 1969, that wives were finally accepted by English law as not being solely shadows of their husbands. This meant that for the first time women were entitled to have separate rights to property outside of the rights of their husbands. In 1970 with the influence of Lord Reid in his enlightened approach to rights of spouses in the matrimonial home, Pettitt v Pettitt[10] considered for the first time all the circumstances in recognising the existence of rights in the home, even at a time when women were not considered to have rights independent of their husbands. The matter of the juxtaposition of a women’s role in society and so her influence upon mortgage transactions due to her possible proprietary rights in property is not the sole principle to be considered in the light of these two cases. Due to the bench mark decision of Boland it was accepted that the restrictive approach taken in Caunce was no longer applicable and the ambit of reasonable enquiries extended to making enquiries of all occupiers of the property, despite the vendor also being in occupation.[11] The full extent of the purchaser’s task, considered in Tizard meant that the idea of investigations into all occupants of the household was now embraced. This meant that recognition was given to those living within a household living with the legal owner of the house may have rights deserving of protection when the property is mortgaged without their consent. Reference list Journals Hanbury, W., Overriding Interests under the Land Registration Act, 2002 – the Lender’s Perspective, 2005. 3 EMIS Property Service. Shea, T., Overriding Interests in Unregistered Land. Journal of International Banking Law. 1 (2), 125 – 127 Thompson, M.P., The Purchaser as Private Detective, 1986. Conveyancer and Property Lawyer, July – August 283 – 28 Bibliography Hudson, A., Equity and Trusts, 2004. Third Edition. Cavendish Publishing, London. Pearce, R Stevens, J., The Law of Trusts and Equitable Obligations, 2002, Third Edition. Butterworths, London. Smith, R. J., Property Law, 2003, Fourth Edition. Longman, London. Thompson, M. p., Modern Land Law, 2003. Second Edition. Oxford University Press Footnotes [1] (1981) AC 487; (1979) Ch 312 [2] Thompson, M. p., Modern Land Law at page 53 [3] Caunce v Caunce [1969]1 WLR 286 at 294 [4] Analysis of Mustill LJ in Lloyds Bank v Rosset (1989) Ch 350 [5] In â€Å"Land Registration for the 21st Century† (Law Com 254). [6] Ibid 1 [7] Per Lord Oliver in Abbey National BS v Cann (1991) 1 AC 56 [8] Hudson, A., Equity and Trusts at page 318 [9] Ibid 3 [10] (1970) AC 777 [11] Midland Bank Ltd v Farmpride Hatcheries Ltd (1981) 2 EGLR 147

Measuring Random Appraisal Error in Commercial Real Estate :: essays research papers

Recent empirical studies imply that most appraisal error is nonrandom, which suggests that strategies that advocate portfolio assembly over individual property selection may be defective. Each step of the appraisal process involves an unknown amount of estimation error. The combination of these errors is unlikely to produce a perfect, error-free estimate of value. Thus, appraisal error is virtually unavoidable. Investors need reasonable estimates of value when buying, selling, or retaining commercial property, so an unknown amount of appraisal error adds uncertainty to the decision-making process. Despite the uncertainty, investors have learned to make allowances for appraisal error in their decision-making processes. The way in which real estate investors interpret appraisal errors has a material effect upon the decisions that they make. In particular, the predominant belief among real estate professionals is that appraisal error is random. This belief materially influences investor attitudes toward portfolio management and the valuation process itself. Lack of understanding of the relative magnitudes of random and nonrandom components of total appraisal error has co nsequences for optimal portfolio strategies. For example, investors who deem the bulk of total appraisal error to be random may reasonably conclude that error in estimates is beyond their control or influence. To minimize total portfolio valuation error, such investors may assemble large, diverse portfolios even though the cost of owning an array of properties of various types and in various locations is expensive. On the other hand, if the bulk of total appraisal error is nonrandom, investors would do better to pay attention to improving value estimates on each property rather than hoping that the errors in values of a large pool of properties will offset one another. In particular, investors should institute valuation controls and procedures to minimize the errors in each valuation of individual portfolio assets. Such controls might include obtaining multiple simultaneous estimates, changing appraisers for each periodic revaluation, or increasing the frequency of valuations. This conclusion becomes particularly significant in light of studies like Miles that determine that the typical magnitude of total appraisal error is about ten percent of appraised value. Information in three recent empirical studies provides evidence that previous appraisal research has been mistaken in assuming most appraisal error to be random. The demonstration that most appraisal error is nonrandom should encourage real estate investors to focus additional attention on individual asset selection and valuation at the expense of portfolio assembly. Estimates of Total Appraisal Error

High performance work system :: essays research papers

High performance work system entails greater level of involvement, skill development, commitment, and competencies of all employees regardless of their function or level in the organization. In other words, they are simply work practice that can be deliberately introduced in order to improved organizational performance. A high performance work system would consist 1.  Ã‚  Ã‚  Ã‚  Ã‚  Training. 2.  Ã‚  Ã‚  Ã‚  Ã‚  Performance management. 3.  Ã‚  Ã‚  Ã‚  Ã‚  Compensation and benefits. 4.  Ã‚  Ã‚  Ã‚  Ã‚  Career development. Employee training is important in any organizations. Employee skills have to be updated and altered regularly. There are seven types of major training that organizations provide. They are interpersonal skills, technical, business, mandatory, personal management, problem solving or decision making and personal. In Kassim Baba scenario, they should provide training in terms of performance management and problem solving or decision making whereas it will help employee improve work performance and making decision regarding any particular problems. Performance management is a process establishing performance standards and appraising employee. Performance appraisal is a critical part of performance management. Some of the method are written essay, critical incidents, graphic rating scales behaviourally anchored rating scales, multiperson comparisons, objectives, and 360-degree appraisals. Graphic rating scales are suitable for Kassim Baba’s operation. This method rates each employee in quantity and quality of work, job knowledge, cooperation, loyalty, attendance, honesty, and initiative. Effective and appropriate compensation system can help attract and retain competent and talented individuals who help the organization accomplish its mission and goals. There are many kind or rewards and benefits such as base wages and salaries, wage and salary add-ons, and incentive payments. A good way to reward employees for the job skills and competencies they can demonstrate is skill-based pay system in which skills define his or her pay category. However, there are several factors that influence compensation and benefits; they are employee’s tenure and performance, kind of job performed, kind of business, unionization, labour or capital intensive, management philosophy, geographical location, company profitability and size of company. Career development is more focus on the employee as an individual where it has been described as a boundary less career in which individuals rather than organizations define career progression, organizational loyalty, important skills, and marketplace value. High performance work system :: essays research papers High performance work system entails greater level of involvement, skill development, commitment, and competencies of all employees regardless of their function or level in the organization. In other words, they are simply work practice that can be deliberately introduced in order to improved organizational performance. A high performance work system would consist 1.  Ã‚  Ã‚  Ã‚  Ã‚  Training. 2.  Ã‚  Ã‚  Ã‚  Ã‚  Performance management. 3.  Ã‚  Ã‚  Ã‚  Ã‚  Compensation and benefits. 4.  Ã‚  Ã‚  Ã‚  Ã‚  Career development. Employee training is important in any organizations. Employee skills have to be updated and altered regularly. There are seven types of major training that organizations provide. They are interpersonal skills, technical, business, mandatory, personal management, problem solving or decision making and personal. In Kassim Baba scenario, they should provide training in terms of performance management and problem solving or decision making whereas it will help employee improve work performance and making decision regarding any particular problems. Performance management is a process establishing performance standards and appraising employee. Performance appraisal is a critical part of performance management. Some of the method are written essay, critical incidents, graphic rating scales behaviourally anchored rating scales, multiperson comparisons, objectives, and 360-degree appraisals. Graphic rating scales are suitable for Kassim Baba’s operation. This method rates each employee in quantity and quality of work, job knowledge, cooperation, loyalty, attendance, honesty, and initiative. Effective and appropriate compensation system can help attract and retain competent and talented individuals who help the organization accomplish its mission and goals. There are many kind or rewards and benefits such as base wages and salaries, wage and salary add-ons, and incentive payments. A good way to reward employees for the job skills and competencies they can demonstrate is skill-based pay system in which skills define his or her pay category. However, there are several factors that influence compensation and benefits; they are employee’s tenure and performance, kind of job performed, kind of business, unionization, labour or capital intensive, management philosophy, geographical location, company profitability and size of company. Career development is more focus on the employee as an individual where it has been described as a boundary less career in which individuals rather than organizations define career progression, organizational loyalty, important skills, and marketplace value.

Is there a pattern to commercial land use in Ormskirk town Centre?

After completing my Landuse survey map, I have found there is a pattern, albeit sometimes random, in Ormskirk Town Centre. Ormskirk Town Centres core area is situated near the clock tower or ‘market cross'. The market cross is at a junction between Church Street, Burscough Street and Aughton Street. In Ormskirk Town Centre there is a clustering of convenience goods or frequent goods outlets situated in the core. Convenience goods, are those goods we buy most often, on a day-to-day basis e.g.) newspaper, milk. Sayers (the bakers) in Burscough Street is an example of one of these convenience/frequent goods stores. It is a chain store and can therefore afford to pay the high rent rates for buildings in the core. Although expensive, being located in the core has many advantages e.g.) being located here means that it is very accessible and it therefore benefits from a high pedestrian density and a large passing trade. These type of frequent goods stores rely heavily on passing trade for a good part of their income which is why they are located here. There are lots of examples of complimentary landuse in the core area e.g.) the location of cafes and pubs near to shops – using the idea shopping and then resting/eating e.g.) Java Juice Bar and Subway on Burscough Street. These eateries also cater for the towns' workforce when on lunch breaks. Another example of complimentary landuse in the core is the location of banks – there is one situated on each of the 4 main streets e.g.) Halifax on the corner of Aughton Street and Church Street. This enables shoppers to draw money out and then spend it later on in the shops (the shops then deposit their takings in the bank). Often in the core, there are many shops selling similar goods and here you find examples of comparative shopping e.g.) there are 2 card shops in the core (Clinton Cards on Church Street and Hallmark on Moor Street) Shoppers will compare prices between these 2 shops, so they will be in competition with each other. Another example of comparative shopping includes the market stalls (which all sell similar goods, like food and clothes). Another pattern I found was not 1 that links with frequent goods, but rather infrequent services e.g.) solicitors and accountants. These professional services are infrequently used and are found in the periphery e.g.) The Solicitors on Derby Street. They are situated here because they don't rely on passing trade, people seek them out specially – this is on advantage, because they don't have to pay the high prices (rents/rates) for buildings in the core. As I found in the core there are lots of examples of complimentary landuse in the periphery too e.g.) along Derby Street the police station, the solicitors and the magistrates' court are all located – each providing a service for one another. Also located in the periphery are the large supermarkets – these need large areas of cheap land (not available in the core) they need this space for large single storey buildings and usually car parks as well (which is an example of complimentary landuse). Another reason for being located here, is the fact that like the professional services e.g.) accountants they don't rely on passing trade – people make special trips to the supermarket, therefore they need to be accessible by car not necessarily by foot and so can afford not to be in a pedestrianised area and even though supermarkets are chain stores they are not found in the core with the others for this reason. Although most of the goods and services conform to this pattern in commercial landuse i.e.) very frequently used goods and services situated in the core and professional/infrequently used goods and services situated in the periphery, there are some anomalies; e.g.) Iceland supermarket on Moorgate doesn't quite fit the pattern – it is almost within the core. It was probably built there to take advantage of the already established car park (complimentary landuse). Another anomaly I found is not one specific to Ormskirk Town Centre but to most town centre core areas. Both Estate Agents and Travel Agents are examples of infrequent/professional services (that are normally situated in the periphery) yet are found in the core. This is because unlike the other infrequent services Estate Agents and Travel Agents rely on passing trade and the need to be seen and they can achieve this by setting up in the core where there is a high pedestrian density (often they are chain stores and can afford the high prices and small office spaces in the core). An example of complimentary landuse can include the duo of Estate Agents and solicitors being found together e.g.) Collertons Estate Agents and J.K.P Solicitors on Church Street.