All these museum pieces of the once-proud native Americans Essay

All these gallery bits of the once-glad local Americans - Essay Example All these gallery bits of the once-glad local Americans It is what might be compared to commending something that had a place with a former time when these clans administered tremendous regions of America, from the earliest starting point of time to time everlasting however it was bound to be that way. The galleries appear to be an exertion by white men to appease themselves of their transgressions in seizing these individuals of their old grounds that had a place with their predecessors. When forceful and glad warriors have been decreased to living in reservations as though they must be isolated on their own territory and here and there squeezing out a living on minor land. An a valid example would be the local American Indians in California. They had 300,000 individuals of various clans when the principal Spanish pilgrims, fighters and clerics previously showed up in the zone around 1769. Truth be told, California had the densest pre-Columbian populace anyplace that is north of Mexico yet this nearly vanished by the turn of the twentieth century, under 20,000 were left, a practically unspeakable disaster brought about by ailment, wars and misuse. The quick populace decline prompted the vanishing of around 500 particular clans (Margolin, 1993) and alongside them their lifestyle, their melodies and moves, customs about romance, marriage, pre-adulthood and developing old. Additionally lost were their recommended consuming practices that respects their condition, forestalling corruption through siltation, floods and avalanches.

Prince Case Study Essay

Throughout the years Prince has substantiated themselves as an industry chief in tennis racquets and gear that has changed the sport of tennis through their advancements. They have substantiated themselves as trend-setters through their advancement of the main engineered gut string and numerous different things that have met the degrees of every tennis player. As the universe of tennis changes and the quantity of members builds, Prince is by and by confronted with a test to rethink themselves to fulfill the needs of 21st century tennis players. The development in tennis cooperation brings about an adjustment in the market condition and expects Prince to consider better approaches to remain in front of rivalry. In the 21st century the nearness of innovation and online networking are two significant devices that can be utilized to Prince’s advantage. Prince’s first endeavor to utilize innovation in another racket advancement was a disappointment. They discharged aracket with â€Å"O Port† gaps that should improve racquet speed. â€Å"The thought was to separate itself from the commercial center, however it wasn’t essentially what the market wanted† (Rovell, 2012). Realizing the market request while discharging another item is one of the most significant subtleties to guarantee achievement. Another issue they looked in the discharge is they placed all their confidence into this new turn of events and lost spotlight on different items that made them who they are today. To turn around this slip-up I feel it is the perfect time with the tennis market developing to discharge another kind of racquet. This must satisfy the need of the new developing business sector while as yet focusing on their more seasoned market to proceed with development without loosing buyers. They can accomplish this by legitimately reaching shoppers and seeing what they might want or feel they are absent in a tennis racquet. Another plan to control away from their last racquet discharge would be creating three new racquets that address the issue of each gathering. I don’t think its conceivable to build up a racquet that takes into account all strokes and levels. I feel that utilizing new innovative advancements to structure a racquet dependent on the three unique strokes would address the issues of all degrees of their market. Alongside the development of the tennis business, Prince needs to continuallyâ market themselves and the business to impact customers to put resources into their items. To achieve this Prince could have neighborhood tennis competitions in urban areas to get individuals playing the game. Subsequently this would connect tennis legitimately to their image which markets themselves and the game across the board to boost gainfulness and addition buyer mindfulness. To build their market fragment and contact another crowd to expand their market nearness they could support a school tennis crew or give racquets to a school to get kids into the game at a youthful age. On the off chance that the youngster appreciates the game the chances are the parent will buy their items from Prince which is an extraordinary method to get a more youthful crowd into the game and furthermore utilize this as an online life opportunity. They could begin an after school tennis program with school where they give hardware and show kids the game while keeping them dynamic and in the clear. This could unquestionably bring about numerous open doors for internet based life and increment brand mindfulness through their gifts. Guardians are continually searching for approaches to keep their kids dynamic and in the clear so this fills in as an extraordinary chance to do as such and by and by permits them to enhance their market and give them a serious edge. As Prince develops their organization in endeavor to stay aware of 21st century requests they will require another approach to showcase and elevate themselves to stay in front of rivalry. One approach to do this is facilitating a sponsorship for players that can be advanced through internet based life, for example, twitter and Facebook. It is significant for Prince to contact a more youthful crowd and their enormous nearness on interpersonal organizations makes it significant for them to pick up however much nearness through online networking as could reasonably be expected. Each market portion has an alternate method to be reached so it is significant for Prince to see every one of those business sectors and afterward choose how they will elevate themselves as per their requests. The enormous number of circulation channels inside Prince presents difficulties yet in addition holds numerous open doors for development. One of the most significant circulation channel is mass vendors, for example, Wal-Mart. It is significant that their essence inside mass vendors is generally welcomed and this can be done by setting up explicit presentations to advance their item in which the general customer of these stores will identify with. The manner in which an item is advanced in Wal-Mart might be altogether different than the manner in which its advanced in a forte store. I feel that littler store showcases ought to be based on the supported player connected to Prince. A store like Wal-Mart ought to have the presentation available and noticeable among the numerous items inside the store. Wal-Mart is likewise known at their low costs so Prince ought to have a nearness in the inventory and publicize limits on their items inside the list and in the store. Wal-Mart can convey the lower end racquets to permit this markdown where as littler shops can convey better quality racquets to take into account their crowd. Understanding the crowd of every appropriation channel will permit Prince to appropriately advance and promote their item inside each store. Another territory that Prince depends on to create income is the worldwide market. Worldwide achievement is critical in having an upper hand and continually should be improved to fulfill worldwide market needs. Being that tennis is played everywhere throughout the world their worldwide nearness is similarly as significant all things considered in the US. Latin America has a huge nearness with proficient tennis players and because of this the game is ceaselessly developing around there. To upgrade their worldwide nearness I feel it is imperative to support players outside of the US to keep up their worldwide nearness. At the point when a purchaser sees an expert player from their nation utilizing a Prince racquet it will impact them to buy it. Sovereign should utilize the starting point of top players and focus on these business sectors. There is a lot of pride that comes when somebody arrives at a level in sports from your nation of origin. Ruler can utilize this to further their potential benefit and improve their market nearness in the nations of expert players. Sovereign keeps on being one of the main organizations in the realm of tennis. They endeavor to proceed with their name as a top trend-setter in the field and keep up their worldwide market nearness. With the present development in tennis support there is no better time to re advertise themselves to remain in front of rivalry and creating patterns. Their amazing reputation with significant developments throughout the years have molded the sport of tennis and give themâ a upper hand. To achieve the outcomes they are after they have to make another improvement that takes into account their broad market and increment their quality among youth by extending their web based life nearness. The organization has the entirety of the instruments for progress and whenever actualized effectively they can harden their spot as the top maker in the realm of tennis. Rovell, D. (2012, August 28). Tennis Company Prince Eying a Comeback . Recovered from http://espn.go.com/blog/playbook/dollars/post/_/id/1295/tennis-organization sovereign peering toward a-rebound Valid brand bunch drives sovereign games all through the globe with key working accomplices. (2012, August 16). Recovered from http://www.prnewswire.com/news-discharges/bona fide brands-bunch drives ruler sports-all through the-globe-with-key-working accomplices 166404106.html Glassel, L., and Skaly , N. (n.d.). Ruler sports, inc. tennis racquets for each fragment [Online gathering comment]. Recovered from http://highered.mcgraw-hill.com/destinations/dl/free/0078028892/943336/transcript_vc_Prince_Sports.pdf Kerin, R., Hartley, S., and Rudelius, W. (2011). Promoting. (eleventh ed.). New York, NY: McGraw-Hill-Irwin

Explaining Crime Free Essays

Reasons for wrongdoing are ostensibly criminology’s generally significant and biggest research theme. In this procedure of research, criminologists and scholastics have utilized various speculations in endeavors to clarify how and why individuals resort to wrongdoing (Ellis, Beaver, Wright, 2009). The motivation behind this paper is to inspect a contextual analysis first with the utilization of strain speculations (ST), trailed by social learning hypothesis (SLT). We will compose a custom exposition test on Clarifying Crime or then again any comparative subject just for you Request Now The principal area will include a synopsis of the instance of R v Mark Andrew HUGHES (2009) NSWDC 404 including a framework of the offender’s individual life, of his wrongdoings, and his discipline passed on by the New South Wales District Court. It is critical to layout these realities so as to allude to them and suitably examine them. The accompanying segment will utilize strain hypotheses to investigate factors and causes that lead the guilty party to carry out his violations. Anomie and strain hypothesis will be utilized here regarding Merton’s idea of â€Å"retreatism† (Merton, in Alder, Laufer, 1995), just as Agnew’s general strain hypothesis (GST) as it represents individual and enthusiastic strain got from negative connections (Agnew, 1992). These will be the essential hypotheses utilized for examination in this paper as they are generally pertinent. The last segment will include the utilization of SLT. Drawing from the instance of R v Mark Andrew HUGHES (2009) NSWDC 404, the wrongdoer is a forty multi year elderly person named Mark Andrew Hughes and will be alluded to as Mr Hughes for the length of this paper. Mr Hughes youth included a critical level of negative upgrades. For instance, Mr Hughes experienced dismissal through the bombed relationship of his mom and father at an extremely youthful age, bringing about the total nonappearance of his organic dad. Mr Hughes was then exposed to his mother’s new marriage and relationship with a man who was to turn into his stepfather. This relationship became unstable and included liquor misuse and savagery, coming about likewise in division and separation. Likewise, Mr Hughes was exposed to his mother’s fought with some psychological wellness issues, and issues with the maltreatment of physician endorsed medication. Mr Hughes grown-up connections to some degree mirror his moms. He wedded multiple times of which both brought about separation. Significantly, the main marriage was in 1991 and made three kids, of which one deplorably kicked the bucket at seven months old enough. He is right now is having for all intents and purposes no contact with the other two who are presently youngsters. Mr Hughes noticed his subsequent marriage (1996-2005) was critical to him, anyway crumbled because of his relationship with drugs. This marriage made two youngsters whom he has contact with each Sunday, anyway his present conditions (in authority) implies this is through phone. Aside from the insignificant contact Mr Hughes has with his two children, he has been cut off from his family. It is additionally recognized that Mr Hughes had been seeing an advisor anyway halted only preceding his violations because of the impacts of his illicit drug use at that point. Medications have been a major piece of Mr Hughes life since early on. He started utilizing cannabis at age twelve, and his first involvement in heroin was age fifteen, which brought about addictions and extensive stretches of private treatment. It has been accounted for that in the midst of individual change, Mr Hughes is unequipped for controlling his craving to fall back on drugs (substance misuse) so as to get away. Truth be told, lately Mr Hughes chronic drug use has included speed and ice to such a degree, that he expected to stay high (medicate influenced) so as to maintain a strategic distance from the agony of â€Å"coming down†, which was an every day propensity that cost over $400 per day. One might say that because of Mr Hughes early beneficial encounters, increasing an instruction was a battle, and has been restricted. For example he completed his tutoring partially through optional training, bringing about a few incompetent employments in any case, right away before a breakdown in his subsequent marriage, and his criminal direct, he held work in a reusing processing plant for very nearly fourteen years. It ought to be noticed that the court brings up the discoveries from a notable clinical legal clinician called W John Taylor, who expresses that dependent on Mr Hughes history, he believed he had a direct issue in his initial high school years, affirms he is unmistakably engaging with tranquilize misuse issue, and is right now enduring with sadness. Anyway he feels that Mr Hughes is real in his longing to defeat his habit with drugs, and with the correct help, he gets an opportunity at improving his conduct and addictions. This carries us to the subsequent issue to be illustrated, that is Mr Hughes violations. Beside a charge of break and enter as a kid, another accuse with respect to sexual relations of an adolescent when he himself was an adolescent, and at the age of twenty-two, feelings for falsifications, burglary and medication use, Mr Hughes has figured out how to remain wrongdoing free paying little heed to his chronic drug habits. Likewise, until the latest wrongdoings, Mr Hughes has never served a jail term. Hence taking into account these realities, the court views this as an inconsequential criminal record considering Mr Hughes current age. During the long periods of September as far as possible of November 2008 Mr Hughes reemerges with six genuine criminal offenses, for the most part including break enter and take of which was from a business, a stockroom, a workshop and two homes. Two of these offenses included criminal acts that brought about independent charges, which were taking a vehicle from one of the homes he entered, and furthermore harming property. Significantly one of the six offenses was an irritated break enter and take from a home as one of the proprietors (spouse) got back home and astonished Mr Hughes while he was inside taking. Mr Hughes reacted with forceful conduct compromising him with what has been portrayed as wire shaper, in the long run constraining the man on a bed and advising him to remain there and he would not hurt him. The man cautioned Mr Hughes that his significant other was expected home and trusted this would drive Mr Hughes away, anyway it brought about Mr Hughes tying up the victim’s hands, and choking his mouth for a brief timeframe while he kept on taking and scour the home. It was referenced that Mr Hughes didn't cause any physical mischief, anyway the wrongdoing is viewed as intense. At last, the court went to the general sentence for his violations of eight years and five months, with a non-parole time of five years and five months. The condemning procedure considers a scope of elements which will be talked about later. Agnew’s (1992) GST suggests that wrongdoing is submitted because of weight or strain that is gotten from negative connections and resulting beneficial encounters or occasions through those connections. These connections incorporate three sorts of strain that include circumstances where an individual has removed something important from another, destroyed another’s chances to accomplish an esteemed objective/s, or the curse of hostile and undesirable upgrades (Bernard, Snipes, Gerould, 2010). The outcomes of being exposed to strains of this nature, is the age of different pessimistic feelings inside the individual like sadness, dread, outrage, dissatisfaction, disillusionment, and tension. Consequently, contingent upon an individual’s qualities and condition, these negative feelings can lead them to carry out wrongdoing (Agnew, 2006). The manner by which an individual reacts to this strain and ensuing negative feeling, is to either acknowledge their present circumstance with an inspirational standpoint, which for the most part includes the individual having a decent encouraging group of people; or going to reprobate conduct and the utilization of medications to stay away from contrary feelings (Agnew, 2006; Bernard, Snipes, Gerould, 2010). From this we would already be able to start to see a portion of the parts of GST on account of Mr Hughes. For instance, alluding back to Mr Hughes individual subtleties, Agnew would contend that since this man’s inconveniences began as a kid through the passing of a relationship with his natural dad, the presentation of another dad who introduced negative upgrades and was â€Å"imposed/not wanted†, and he couldn't expel himself from this circumstance or relationship because of his age, he was thusly exposed with the impacts of enthusiastic strain. Furthermore, the most noteworthy individual in his life (mother) was additionally introducing negative boosts without anyone else curing and participating in unstable contentions with the stepfather. As indicated by GST, as a youngster/pre-adult, Mr Hughes would have been enduring with sentiments like dread, outrage, and disillusionment, thus consuming medications was his approach to legitimately adapt/deal with these feelings and relational issues (Agnew, 2006). The way that Mr Hughes was exceptionally youthful when he started to ingest medications, just as dropping out of school early, and carrying out certain types of wrongdoing, is proof of the clarified procedure of Agnew’s ideas in GST, and in certainty were basically used to clarify misconduct and medication use in young people (Bernard, Snipes, Gerould, 2010, p. 64). Furthermore, before Mr Hughes carried out these latest violations, he has from multiple points of view re-encountered these issues in his grown-up connections. For instance, the lamentable loss of his previously conceived child, the loss of his contact with his girls and spouse from the primary marriage, are on the whole instances of something signific ant being expelled from his life. This at that point happened again in the following marriage, which Mr Hughes had expressed was essential to him, and an exceptionally large misfortune. Social Learning hypothesis can likewise assist with clarifying this rehashed understanding of Mr Hughes and will be talked about later. There are two different clarifications using strain hypothesis that can assist with clarifying why Mr Hughes lived the vast majority of his life wrongdoing free, notwithstanding his medication propensity, before carrying out his latest violations. Right off the bat Agnew

The Undeniable Truth About Space and Place Essay Samples That No One Is Telling You

The Undeniable Truth About Space and Place Essay Samples That No One Is Telling You Such a reading is referred to as scanning. Naturally, you'll want to assess the night prior to a test. Just take a couple of minutes at the conclusion of class to check over your test to be certain you have answered all questions and your answers make sense. Just take a couple of minutes to look over the test, then answer all the questions that you understand first. For some individuals, it is a dream that isn't quite simple to reach. Harvey's idea of time-space compression on the opposite hand touches upon the simple fact that with a globalising world, people who dwell in rather distant places can go through the exact same things at precisely the same time. Thus, in a minumum of one method that the huge expansespace was put to good use. It's about sharing the attractiveness of a place that the majority of people aren't conscious of. The Number One Question You Must Ask for Space and Place Essay Samples Thus, you are going to complete everything with a terrific amount of precision. The art of concentration is to eliminate any potential distractions and totally concentrate on the job at hand. The significant disadvantage of space research is that a massive quantity of money is necessary for building a spacecraft. Thus, it's important to ask whether such waste of space at such a substantial scale is essential or not. The point is that if you're speaking about an area, folks know what it is since there is a particular means of defining that location. You might want to label it so there is absolutely no confusion as to its objective. A lot of people aren't very good at writing. As soon as an examiner checks your answer, there are only a few things he or she mainly marks you on. Getting the Best Space and Place Essay Samples You are able to use distinctive voices, verbs and other grammatical devices like conditional modals. However, we're in a position to see an d hear it. Listen to music for a couple minutes. Most important in selecting a study location is finding a place that's relatively free from distractions. In many instances, a few of the beaches operate both evening and day hence this is quite flexible to me especially during the holidays once we want to relax our minds. Besides just schooling at Greenfields, it's the place I was brought up. Facts, Fiction and Space and Place Essay Samples Mobility of human also changes the way an individual gets easily acquainted with his surroundings and space particularly. It's argued this expenditure ought to be spent on other essential things in place of on space exploration. There's no notion of hominess rather it's the feeling of relationship of belonging of a human to a specific space. With the emergence of the electronic digital space, we have made a dimension which we can't touch or smell. All available evidence points to how the Universe is open and it's ceaselessly expanding. Illustrations of what's being meant is commonly the best way to understand an idea. Space on the opposite hand is more straightforward for people to perceive. It's definitely my favourite place on Earth. The reader should receive the thought of the entire essay from the introduction. You may receive all the information that you desire. The author describes the different characteristics of the location for the reader to come up with a mental picture of the way the place resembles. Our site has become the most advantageous location for a totally free essay download. Travel essays might be written for different factors. This provides you with a superior breakdown of the info. Descriptive Narrative Essay Example may be used mainly to recreate an occasion. Space and Place Essay Samples - Dead or Alive? Finally, we'd reap the most benefits if we took initiatives to make sure that we embrace the absolute most ethically appealing parking habits. This is an enormous benefit. Advanced space technologies can definitely be put to fruitful uses like solving the fundamental problems of man and society. Urban planning is a technical procedure for designing of any urban environment, and it's the most important feature of any orderly development of both the settlements together with the growth of any kind of communities dwelling in an urban surrounding. The trick is to keep all you need in there, prepared to go. Applicants who select this option will want to ensure they are presenting their chosen location effectively. The whole procedure for visiti ng the office needs to be described. Urban public place is a significant facet of any urban planning procedure.

A critical analysis of the merits of the Capital Asset Pricing Model - Free Essay Example

Sample details Pages: 8 Words: 2549 Downloads: 6 Date added: 2017/06/26 Category Finance Essay Type Analytical essay Did you like this example? Critically Analyse the Relative Merits of Capital Asset Pricing Model (CAPM) and empirical approaches to asset pricing such as Fama and French model. People always search for new tools or better techniques that allow a job to be completed faster and better. It applies to every field including the finance field. Don’t waste time! Our writers will create an original "A critical analysis of the merits of the Capital Asset Pricing Model" essay for you Create order Capital Asset Pricing Model (CAPM) is used to calculate the cost of capital and measure portfolio performance since 1970s. In 1990s, Fama and French show the CAPM is wrong and they proposed a better three-factor model. One would expect practitioners switching to the new better asset pricing model immediately. However, in a survey conducted by Graham and Harvey (2001), 73.5% of 392 U.S. CFOs relies to some extent on the CAPM when estimating the cost of equity. Brounen, Abe de Jong and Koedijk (2004) conducted a similar survey for 313 European firms and around 45% of on average relied on the CAPM. Why practitioners do not use the three-factor model as Fama and French (2004) claimed? There may be some possible answers. The practitioners may not know the three-factor model; or it is not cost effective to collect the extra information required by the three-factor model; or the practitioners think the three-factor model does not help much, i.e. the Fama-French three-factor model is not alw ays better than the CAPM. Now let us see what CAPM model really is and what are its main properties , its relative merits and demerits and its practical implication with respect to another famous model the Fama and French Model. The CAPM is concerned with the pricing of assets in equilibrium. The CAPM tells us how investors determine expected returns, and asset prices, as a function of risk. The model bases on the idea that not all risks should affect asset prices. In particular, a risk that can be diversified away when held along with other investments in a portfolio is not a risk at all. Only those systematic risk is counted when determining the price. The CAPM model is the extension of one period mean- variance portfolio models of Markowitz (1959) and Tobin (1958) .CAPM is based on numerous assumption and these assumptions become to some sort of basis for criticism by many people as they claim them to unrealistic. The assumptions are as follows and must be kept in mind. Investors choose their investment portfolios on the basis of expected return and variance of return over single period; It is assumed that the diversified portfolio is held by Investors Investors have the same estimates of mean, variance and covariance of all assets; The capitals markets have no transaction costs; Perfect capital market. All assets are perfectly divisible; Single-period transaction horizon. No restriction on short sales; It is also assumed as Investors can borrow and lend at the risk-free rate of return . ( means that a holding period of almost one year is required) No Taxes No commission Basically the assumptions made by the CAPM focuses on the relationship between the risk ( systematic Risk) and return is not as what happens in the real world in which all these decisions are made by companies and individuals. Well if we have a look at capital markets of the world which are not perfect but still this is a point of argument that efficient stock markets which are in developed countries are efficient enough, still there lies some chance of stock market to be priced incorrectly and which further prevents returns not to be plotted on security Market line. We can therefore see that the assumption we took for the single period transaction therefore seems reasonable enough. Investors want to hold a portfolio that reflects the whole stock market. It is very easy for the investors to diversify risk ( specific and Unsystematic) and to make portfolios which track up the stock market. Is it possible to have at a risk free rate in todays world? but in this case it is assumed that such is the case and because the investors to borrow at risk free rate because the individual investor involves more risk as compared to the risk associated with government and resultantly if we are not able to borrow at a risk free rate then the security Market line will be shallower than what we studied in the theory. Regarding the assumption of investors only receiving compensation for systematic risk seems to be very fair to me and is practically acceptable. In my view the assumptions of the CAPM seem to be idealised slightly than the real view and i think there might be some chances of existence of relationship between required return and Risk. The equation for CAPM to find the expected rate of return is mentioned below. E(ri) = Rf + ÃÆ'Ã… ½Ãƒâ€šÃ‚ ²i(E(rm) Rf) Explaining the equation . 1) Rf = Estimate the risk free rate, generally treasury bill rate. 2) Bi = Estimate the stocks beta coefficient, b, which is an index of systematic ( or non-diversifiable market) risk. 3) rm = Estimate the rate of return on market portfolio, such as standaed poors 500 stock composite index. 4) Example : Treasury bill rate ( risk free) = 8% , Bi = 1.5 market portfolio = 12% = E(ri) = 8% = 1.5 ( 12% 8%) = 14% 14% = { 8% risk free rate { 6% risk premium, stock price is 1.5 times more volatile than the market portfolio ADVANTAGES OF THE CAPM The CAPM has several advantages over other methods: It considers only systematic risk, reflecting a reality in which most investors have diversified portfolios from which unsystematic risk has been essentially eliminated. It generates a theoretically-derived relationship between required return and systematic risk which has been subject to frequent empirical research and testing. Another advantage which makes it superior than others is that it calculates cost of equity by taking into account level of risk with respect to stock market. Discount rates are used in investment appraisal which makes it a better model then weighted average cost of capital. DISADVANTAGES OF THE CAPM Besides advantages it also has some disadvantages like in order to compute CAPM we need to assign values to risk free rate of return, the equity risk premium, beta and return on market. The risk free rate of return for which we use yield on short term Government debt changes on daily basis according to different conditions prevailing. Proxy beta for the investments must be different from the companies equity beta. If the proxy for the market portfolio isnt mean-variance efficient then we wont identify the correct CML and the expected returns estimated using CAPM are unlikely to match actual returns. Similarly using a broad stock market index as proxy for the market portfolio may be inappropriate. Another difficulty is that proxy company betas uses information that may not be readily available. More over other issues regarding estimating the expected returns for individual stocks based on Capital Asset Pricing model are Do dividend adjustments in the index matter? It is assumed in C APM that Market portfolio returns includes dividends. It is therefore relevant to ask that number of indexes constructed without dividends do matter in obtaining a best estimate to see whether or not dividends are included in the index used. So where it is possible that the indexes with or without the dividends are considered here. What data frequency and time period should be used? As we know regarding estimation that the more observations we take the better the results are. If we follow this then we should be using long time periods as possible. Similarly if we take long estimation period for the beta and it is possible that the value of the actual beta will change over time and the consequential estimate for beta will be prejudiced. Naturally when this happens we will have to shorten the period. Now as we have to collect more observations over shorter time we can do this by increasing the sampling frequency. What index should be used? As we know CAPM is very precise about the ind ex. Value weighted index which consist of all assets in world should be used. As we know that very limited and small portion of assets are traded on the stock exchanges so its not possible to make such a index so we make a proxy instead. Regarding proxy the most commonly used are equal weighted and value weighted index. There are many of its anomalies which were later on discovered in the 80s and 90s, they in fact became a challenge to the CAPM as the market beta does not suffice to explain expected stock returns. The anomalies were Earning price ratio. Size Leverage Book to Market equity ratio. Basu (1977) shows that when common stocks are sorted on earning price ratio , earning price future return on high EP stocks are higher than those predicted by CAPM. Banz (1981) documented about a size effect that stock of small i.e low market value stocks earned a higher return the predicted by CAPM.small stocks have higher betas and higher returns then large stocks but the difference was mo re than what was predicted by CAPM. Bhandari ( 1988) illustrated that leverage is positively related to stocks expected returns. As we know that leverage is measured by book value of debt over market value of equity. Therefore Fama and French (1992) state the earlier findings of other researchers like , higher book to market equity ratios , ratio of book value to market value , have higher returns that are not captured by market beta which is why Fama and French launched a challenge. The Fama-French three-factor model This Model as previously discussed was put forward by Fama and French in response to the CAPM in which they think had flaws or deficiencies which were therefore overcome in their model. Fama French ( 1992) discussed about the book to market equity ratio, leverage, size and earning to price ratio and according to them the book to market equity has a greater and stronger power then the size but on the other hand, book to market equity ratio cannot be replaced by size in explaining the average returns. A three factor model was therefore proposed by Fama and French for expected returns to show more factors which could be involved and influence the expected returns which the CAPM was not able to include according to them. Variables include the return on stock index, excess returns on portfolio of small stocks over a portfolio of large stocks and excess return on portfolio of high book to market stocks over a portfolio of low book to market stocks. Following is the equation for computat ion put forward by them. (Rit Rft) = ÃÆ'Ã… ½Ãƒâ€šÃ‚ ±i + ÃÆ'Ã… ½Ãƒâ€šÃ‚ ²1i (Rmt Rft)+ ÃÆ'Ã… ½Ãƒâ€šÃ‚ ²2i SMBt + ÃÆ'Ã… ½Ãƒâ€šÃ‚ ²3i HMLt + ÃÆ'Ã… ½Ãƒâ€šÃ‚ µit In the equation, as discussed before SMB (small minus big) is the difference of the returns on small and big stocks, HML(high minus low) is the difference of the returns on high and low book-to-market equity ratio (B/M) stocks, and the betas are the factor sensitivities of the state variables. Fama and French argue if asset pricing is rational, size and BE/ME must proxy for risk. SMB captures the risk factor in returns related to size, HML captures the risk factor in returns related to the book-to-market equity and the excess market return, Rm R captures the market factor in stock returns. However, Fama and French (1992) show that it is unlikely as they find market betas alone has no power to explain average returns. They also find the averages of the monthly cross-sectional correlations between market betas and the val ues of these two state variables for individual stocks are all within 0.15. According to Fama and French (1995) the weaker firms which show a continuous trend of less earning over time and having high book to Market value and have positive slopes on the High minus Low , similarly the firms with a consistent trend of higher earning tend to have lower book to market value and show negative slopes on the HML. According to them, the variation in the risk factor which is relevant to earning performance is captured by HML. Similarly stocks with the property of lower returns over long term which we may refer as the losers tend to have a positive SMB and HML slopes the reason being as they are smaller and financially distressed and resultantly higher future returns. On the other hand stocks with the property of higher long term returns which we may refer to as the winners tend to have negative slopes and low future returns. Fama and French also say that market beta is not able to capture th e co variation in the returns of small stocks and which is compensated in average returns. Fama and French also show the existence of co variation in the returns on small stocks that is not captured by the market betas and is compensated in average returns. Fama and French (1993, 1996) have interpreted their three- factor model as evidence for a distress premium. Small stocks with high book- to-market ratios are firms that have performed poorly and are vulnerable to financial distress, and hence investors command a risk premium. However, the model cannot explain the momentum effect. The Fama-French three-factor model predicts the reversal of future returns for short-term winners and losers. Hence, the continuation of short-term returns is left unexplained by the model. CONCLUSION As we have been through both CAPM and Fama and French models to help investors understand the risk/reward trade-off which they face when making investments. We first introduced the CAPM, with its inherent simplicity, linking market covariance risk to expected returns. Its simplicity helps to build intuition around the concept of modelling return as a function of risk. The CAPMs simplicity is also its greatest shortcoming, as the underlying assumptions limit its ability to explain and predict actual returns. The Fama-French Three-Factor Model expands the capabilities of the model by adding two company specific risk factors SMB and HML. The three factors in concert explain most of the returns due to risk exposure, but it has its own limitations too. CAPM has stood up well against all the attacks and criticisms against it , although these criticisms have increased in the recent years , but in my view CAPM remains a very useful tool in the financial management. In my view with these M odels investors are able to make more informed investment decisions with respect to personal preference regarding the risk/reward trade-off. REFERENCING Bartholdy.J and Peare.P, (2004) , Estimation of expected return: CAPM vs Fama and French, page 1-8. Banz, R.W, (1981), The Relationship between Return and Market Value of Common Stocks, Journal of Financial Economics 9. 3-18. (https://thefinanceworks.net/Workshop/1002/private/3_Asset%20pricing/Articles/Banz%20on%20small%20firm%20effect%201981%20JFE.pdf) French.R and Fama.F (2003), The CAPM: Theory and Evidence, Centre for Research in Security Prices (CRSP) University of Chicago. French.R and Fama.F ( 1996), The CAPM is Wanted, Dead or Alive, The Journal of Finance, Vol. 51, No. 5. Lam Kenneth ,( 2005), Is The Fama-French Three Factor Model Better Than The CAPM,. Page 1-6. Megginson W L,( 1996.) Corporate Finance Theory, Addison-Wesley, p10, Project-specific discount rates, student accountant, April 2008. Russo. Francesco ( 2005) , C APM : The challenges of globalization. International Financial Management. Available at ( https://people.hbs.edu/mdesai/IFM05/Russo.pdf) Shapiro Alex, The Capital Asset Pricing Model (CAPM), Foundations of Finance Note 9, (pp 1-5). Watson D and Head A, 2007, Corporate Finance: Principles and Practice, 4th edition,FT Prentice Hall, pp222-3. Available at ( https://accounting-financial-tax.com/2010/06/more-advance-with-cost-of-capital-analysis/)

Alexander Gibbs. Liberty Union High School - 1025 Words

Alternative Energy Persuasive Essay Alexander Gibbs Liberty Union High School May 10, 2016 In today’s world, the topic of energy is dominated by one thing: ancient organic matter. Carbon and oxygen that existed in this matter when it was alive is still present and is released in the form of carbon dioxide when the coal and oil it was compressed into is burned. The problem is that the carbon that was buried over millions of years was never naturally supposed to be released back into the atmosphere it used to exist in at such an alarming rate. The amount of carbon dioxide flooding into our atmosphere needs to be limited or there will be severe consequences in our future. Carbon emissions are changing the planet for the worse. Energy production (mostly coal) is producing a one third of the US s global warming emissions. Renewable sources produce little to zero percent. The balance of coal and renewable energy in the U.S. needs to be evened out with renewable techniques. Statistics from the Union of Concerned Scientist’s â€Å"Benefits of Renewable Energy Useâ⠂¬  show that most renewable resources emit less than one pound of CO2E/kWh. These have significantly less of a carbon footprint than coal, which emits 1.4 to 3.6 lbs. CO2E/kWh or natural gas, which emits .6 to 2 lbs. CO2E/kWh. This impressive difference of carbon emissions between renewable and fossil fuel is the key to caring for our environment. A 2009 USC study found that if 25 percent of the US sShow MoreRelatedDeveloping Management Skills404131 Words   |  1617 Pagescan I invigorate those who feel outdated and left behind?† â€Å"How do I help the ‘survivors’ of a downsizing pick up the pieces and move on?† â€Å"How do I help people with very different agendas and philosophies work together, especially during periods of high stress and uncertainty?† Anyone tempted to dismissively argue that the answers to these questions are â€Å"common sense† would do well to recall Will Rogers’ pithy observation: â€Å"Common sense ain t common.† In addition, the research reported in the IntroductionRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesManagement, Warrington College of Business Administration, University of Florida; Stanley  M. Howe Professor in Leadership, Henry B. Tippie College of Business, University of Iowa; Associate Professor (with tenure), Department of Human Resource Studies, School of Industrial and Labor Relations, Cornell University; Lecturer, Charles University, Czech Republic, and Comenius University, Slovakia; Instructor, Industrial/Organizational Psychology, Department of Psychology, University of Illinois at Urbana-Champaign

ILAC Method To Analyze The Foundation of Business Law

Question: READ THE FOLLOWING SCENARIO AND USE THE ILAC METHOD TO ANALYSE THE SCENARIO. On April 20 Ming wrote a letter to Lee in which she stated that she was wanting to sell her boat for $10,000 and since Lee had so often admired it, would she be interested in buying it? On receiving the letter the next day, Lee immediately telephoned Ming stating, Its exactly the boat Im after but I would like a few days to think about it. Would you hold the boat for me for a week? Ming answered Certainly. On the evening of April 26, Lee telephoned Ming saying, I accept your offer and I will bring payment for the boat to your house tomorrow. Ming replied to Lee Im sorry but you are too late. I sold the boat to Cherry earlier today. On hearing this Lee was furious and insisted Ming recover the boat and sell it to her. Using the ILAC method and relevant contract law and supporting cases, discuss with reasons whether or not a legally enforceable contract exists between Ming and Lee and explain the subsequent consequences of your answer. Does The Intricacy of The Topic Intimidate You? Tame Your Fear with Unmatched Assignment Help Services from Professional Writers. Answer: Issue The issue that needs to be decided in the present case is that an offer was made by Ming to Lee to sell her vote for $10,000. After receiving the offer, Lee made a phone call to Ming in which Lee asked Ming to hold the vote for a week. Ming became ready to hold the boat for a week however when Lee telephoned Ming, accepting the offer, Ming told Lee that she had already sold the boat with Cherry. Therefore, it needs to be decided if Ming was bound by the promise made by her to hold the board for a week. Law The law provides in this regard the law provides that are promised to keep the offer open is not valid unless it is not supported by separate consideration. It is required in such a case that there is a separate contract and this contract is for keeping the offer open. Such a contract is also known as an option. This type of contract is most useful in case a person is willing to enter into the major contract but wants to have some more time to make further investigations are evaluations. In case, the commitment of some resource like time or money is involved in such investigations, the person who is conducting these investigations may like to have a guarantee that in case the investigations are successful, such persons should be able to reap the benefit of initial expenses made on the investigation or evaluation. Therefore in such a case, the option is a way to encourage this type of initial involvement before making a major commitment. It is also known as keeping one's options open. Application The leading case in this regard is that of Dickinson v Dodds (1876). In this case, Dodds made an offer to sell his house to Dickinson and stated that the offer will remain open until 12 June, 9 AM. However, Dickinson was informed by a third party on 11th June that Dodds has sold the house to someone else. Thereafter, Dickinson purported to accept the offer however Dodds replied that the property has already been sold and it is too late to accept the offer. In this regard the court held that no particular form of revocation is required. The only thing required in such a case is that the offeror somehow conveys to the offeree that he has changed his mind regarding the offer. At the same time, the court also stated that the promise to keep the offer made by the offeree was not binding due to the reason that such a promise was not supported by any consideration. In the present case also, Ming had accepted to keep the offer for a week however the offer was not supported by any consideration. Conclusion on the basis of the above discussion, it can be said that the promise made by Ming to keep the offer open for a week was not supported by any consideration therefore, the promise is not binding on Ming. As a result, early enforceable contract is not present between me Ming and Lee and Ming can sell the boat to Cherry before the expiry of one week. TYPE YOUR REFERENCE LIST HERE Turner, Chris (2007). Unlocking contract law (2nd ed. ed.). London Case Law Dickinson v Dodds (1876) 2 Ch D 46

Versions Of King Arthur Essay Research Paper free essay sample

Versions Of King Arthur Essay, Research Paper Versions Of King Arthur In The Once and Future King by T.H White and? Le Morte vitamin D? Arthur? by Sir Thomas Malory, the writer? s composing techniques vary. King Arthur and the other characters involved in his life are portrayed otherwise by the two writers in the different books because of the differences in the techniques. In T.H. White? s The Once and Future King, White displays a modern authorship manner and linguistic communication. White wrote a instead humourous narrative of King Arthur and all of the characters involved in his life, such as King Pellinore, the Questing Beast, and Merlyn. White besides leaves out many depicting inside informations that aren? t of import to the secret plan, and refers to Malory? s version by, stating, ? but Malory has already told you about that. ? White? s book besides reflects the ideas of war from the clip period that it was written. We will write a custom essay sample on Versions Of King Arthur Essay Research Paper or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In the 1940? s, World War II had late been fought and much of the universe despised war because of the deceases that had resulted from the war. For illustration, the immature King Arthur asks, ? Might International Relations and Security Network? T right, is it, Merlyn? ? Merlyn replies by stating him to believe about it himself. Finally Arthur realizes that might is non right. T.H. White includes many subjects in his book. One major subject in the book is love. For illustration, Arthur is in love with Guenever, Guenever is in love with Arthur and besides with Lancelot, Lancelot is in love with Guenever, and Elaine is in love with Lancelot. Another major subject the book includes is treachery. An illustration of this subject is Guenever and Lancelot bewraying Arthur. Guenever and Lancelot betray Arthur by holding an matter behind his dorsum. In Sir Thomas Malory? s? Le Morte vitamin D? Arthur, ? Malory? s composing manner and linguistic communication is that of the 1400? s. This is because it was written in the mid 1400? s. Malory writes a instead serious and less amusing narrative of King Arthur. Malory gives graphic character descriptions and has small duologue. Malory reflects the ideas of war from the clip period in which it was written. In the 1400? s, war was accepted because it was the manner to suppress land so lands could spread out. Malory? s version contains in writing, elaborate combat scenes. For illustration, one contending scene is described, ? Sir Lancelot was really angry, and he smote Sir Gahalantine on the helm so that he bled from his olfactory organ, ears, and oral cavity, and therewith his caput hung low, and his Equus caballus ran off with him, and he fell down to the Earth. ? Sir Thomas Malory includes many subjects in his book. One major subject in the book is love. For illustration, Arthur loves Guenever, and shows it by stating, ? I love Guenever, the girl of King Leodegrance of the land of Cameliard? ; and Guenever loves Arthur and Lancelot. Another major subject is trueness. Arthur remained loyal Guenever and Lancelot and Guenever and Lancelot remained loyal to Arthur until their matter began. In T.H. White and Sir Thomas Malory? s versions of King Arthur, different composing techniques are used but some are the same. White? s version is humourous while Malory? s version is really serious. White # 8217 ; s is besides in modern linguistic communication and Malory? s in fifteenth-century English. Malory includes many bloody scenes, which White left out. White? s version includes the subject of treachery and Malory? s does non, but Malory? s version contains the subject of trueness and White # 8217 ; s does non. Both Malory? s and White? s versions contain the subject of love. Both versions besides reflect the ideas of the clip period in which they were written.

Sociology Alevel Aqa Essays

Sociology Alevel Aqa Essays Sociology Alevel Aqa Essay Sociology Alevel Aqa Essay Essay Topic: Amy Tan Short Stories Sociology AS at Knights Unit 1: Families and Households Unit 2: Education with Research Methods Revision pack Haberdashers’ Aske’s Federation Sixth Form Mrs Griffiths: [emailprotected] org. uk Mr Roaf: [emailprotected] org. uk 2012 Unit 1 exam: Thursday 17th May, am Unit 2 exam: Friday 25th May, pm Easter Revision: tbc AS Syllabus: AQA Sociology GCE (new specification) Unit 1: Families and Households (SCLY1) * Worth 40% of your AS and 20% of your final A Level * Written paper, 1 hour * 60 marks available Unit 2: Education with Research Methods (SCLY2) * Worth 60% of your AS and 30% of your final A Level * Written paper, 2 hours 90 marks available Timetable * Use your revision checklists to draw up a timetable for revision leading up to the exam. Make sure you cover everything, but make sure it is manageable – you can’t spend every minute working, so allow yourself some time off, both short breaks and occasional days or half days. * Try http://getrevising. co. uk/ Resources * Handouts and powerpoints from lessons are available on the shared drive and on the VLE. * Additional revision resources will be available to download from the VLE * Use the list of websites in this pack to help you identify other useful revision resourcesAQA SCLY1 Unit 1: Families and Households There are 3 sections – choose the CORRECT one, Families and Households (should be section B), and answer all the questions from that section. Time allowed: 1 hour Maximum marks: 60 Time per mark = max 1 min. Questions carrying 24 marks should be answered in continuous prose and you will be marked on your ability to use good English, to organise information clearly and to use specialist vocabulary where appropriate. Possible Question outlines| Marks| Timing| 06| definition of key term, e. g. primary socialisation’| 2 marks| lt;2 mins| To get full marks for this question, you need to explain the term and give a supporting example. Possible questions: * Explain what is meant by ‘primary socialisation’ (Item 2A, line 7). (2 marks) (specimen paper) * Explain what is meant by the ‘expressive role’ (Item 2A, line 5). (2 marks) (January 2009) * Explain what is meant by ‘serial monogamy’ (Item 2A). (2 marks) (June 2010) * Explain what is meant by ‘net migration’ (Item 2A). (2 marks) (January 2011) * Explain what is meant by the ‘social construction’ of childhood (Item 2A). 2 marks) (June 2011) | 07| 2 examples of a particular idea or reasons for a change, e. g. two ways in which childhood has become ‘protected and privileged’| 4 marks| lt;4 mins| To get full marks you need to explain two things, supported by examples that highlight change or increase, if this is specified in the question. Possible questions: * Suggest two ways in which childhood has become . a specially protected and privileged time of life. (Item 2A, lines 4 . 5). (4 marks) (specimen paper) * Suggest two ways in which ‘family life may have a harmful effect on women’ (Item 2A, lines 6 – 7). 4 marks) (January 2009) * Explain the difference between a family and a household (Item 2A). (4 marks) (June 2009) * Suggest two reasons why lone-parent families are more likely to be headed by a female. (4 marks) (June 2009) * Suggest two reasons why women might delay having children (Item 2A). (4 marks) (January 2010) * Suggest two ways in which the position of children could be said to have improved over the last one hundred years. (4 marks) (January 2010) * Suggest two reasons why there has been an increase in cohabitation (Item 2A). 4 marks) (June 2010) * Suggest two reasons why people may migrate to the United Kingdom, apart from that referred to in Item 2A. (4 marks) (January 2011) * Suggest two ways, apart from those mentioned in Item 2A, in which government policies and/or laws may shape the experiences of children today. (4 marks) (June 2011)| 08| 3 reasons for s omething e. g. change in divorce rate| 6 marks| lt;6 mins| To get full marks you need to explain three things, supported by examples that highlight change or increase, if this is specified in the question.Possible questions: * Suggest three reasons for the increase in the divorce rate since 1969. (6 marks) (specimen paper) * Suggest three reasons for the decrease in the death rate since 1900. (6 marks) (January 2009) * Identify three ways in which childhood may not be a positive experience for some children. (6 marks) (June 2010) * Identify three ways in which greater ethnic diversity has contributed to family diversity (6 marks) (January 2011) * Identify three reasons why the birth rate has fallen since 1900. 6 marks) (June 2011)| Questions 06, 07 and 08 may be any combination of marks, adding up to a total of 12. | | | | | 09 | essay question| 24 marks| 4min plan20 min| To reach the higher level marks, you need to demonstrate accurate sociological knowledge and understanding, and apply it directly to the topic in the question. Support your answer with evidence and demonstrate how this answers the question. Possible questions: * Examine the ways in which social policies and laws may influence families and households. (24 marks) (specimen paper) * Examine the ways in which childhood can be said to be socially constructed. 24 marks) (January 2009) * Examine the reasons for changes in birth rates and family size since 1900. (24 marks) (June 2009) * Examine the ways in which government policies and laws may affect the nature and extent of family diversity. (24 marks) (January 2010) * Examine the reasons for, and the consequences of, the fall in the death rate since 1900. (24 marks) (June 2010) * Examine the reasons for changes in the patterns of marriage and cohabitation in the last 40 years or so. (24 marks) (January 2011) * Examine the reasons for changes in the divorce rate since 1969. 24 marks) (June 2011)| 10| essay question with reference to item| 24 marks| 4min plan20 min| To reach the higher level marks for this question, you have to successfully interpret material and apply it to answering the question, and explicitly refer to the item, make it clear how your discussion is answering the question. It is acceptable to repeat key language from the question and item when doing this, however, don’t simply make statements such as and this shows that the it no longer makes sense to talk about the patriarchal family. This is not good enough, you must explain how your discussion of relevant evidence answers the question.Refers to Item X, but on this occasion you are asked to use Item X in your answer, you must do this, to get the full marks. Possible 11 questions * Using material from Item 2B and elsewhere, assess the view that it no longer makes sense to talk about the patriarchal family. (Item 2B). (24 marks) (Specimen paper) * Using material from Item 2B and elsewhere, assess the view that the nuclear family is no longer the norm. (24 marks) (January 2009) * Using material from Item 2B and elsewhere, assess the view that gender roles and relationships have become more equal in modern family life. 24 marks) (June 2009) * Using material from Item 2B and elsewhere, assess the Marxist view that the main role of the family is to serve the interests of capitalism. (24 marks) (January 2010) * Using material from Item 2B and elsewhere, assess the view that, in today’s society, the family is losing its functions. (24 marks) (June 2010) * Using material from Item 2B and elsewhere, assess the view that the modern family has become more child-centred. (24 marks) (January 2011) * Using material from Item 2B and elsewhere, assess the contribution of feminist sociologists to an understanding of family roles and relationships. 24 marks) (June 2011)| | Revision Checklist Unit 1: Families and Households 1 Changing patterns of marriage, cohabitation, separation, divorce, child-bearing and the life-course, and the divers ity of contemporary family and household structures * Marriage: fall in number of marriages, later age of first marriage. * Cohabitation: growth of cohabitation, greater acceptability of cohabitation, types (e. g. trial marriage, long term partnership). * Separation and divorce: legal position, increase in divorce after 1969, reasons for divorce; remarriages and reconstituted families. Child-bearing: number of children, age at which women have first child, changes in parenting practices; lone parent families; beanpole families. * Life course: consideration of range of possibilities, including living alone (singletons), grandparents. 2 The relationship of the family to the social structure and social change, with particular reference to the economy and to state policies * Functionalist views: the importance of the nuclear family, the universality of the family, changing functions, how the nuclear family ‘fits’ modern society. Marxist views: the family as part of the ideo logical state apparatus, as an agent of social control. * Feminist views: patriarchy; liberal, radical and Marxist feminism. * Foucault: surveillance of family life, internalisation of norms. * The New Right: decline of the family, demonisation of single parents, fatherless families, uncontrollable children; Murray’s view of the underclass; need for a return to ‘traditional’ family values. * Some key government policies affecting families, with more detail on the most recent (post-1997). Post-1997 government policies assessed in relation to the theories. * Current policy positions of the main parties assessed in relation to the theories. 3 The nature and extent of changes within the family, with reference to gender roles, domestic labour and power relationships * Gender roles within families: functionalist, feminist, New Right and other views. * The domestic division of labour – changing nature of housework and home-related activities related to changing r oles of men and women and to masculinity and femininity, both in and beyond the home. Decision-making and power relations within households. * Consequences of unequal power: the ‘dark side of the family’, domestic violence, child abuse, mental illness. 4 The nature of childhood, and changes in the status of children in the family and society * The social construction of childhood: how childhood differs over time and between cultures; ways in which childhood is marked as separate from other stages of life. * Children and (paid) work: legal situation in UK; comparison with other countries. * Children as actors within families; the rights and responsibilities of children today. Demographic trends in the UK since 1900; reasons for changes in birth rates, death rates and family size * For each of the three areas of change (birth rates, death rates and family size) students should be aware of the trend, of possible reasons for it and of some cross-cultural/global comparisons. * Birth rates (and fertility rates): falling availability of contraception/family planning; children more likely to survive; cost of raising children; later age of marriage; women giving priority to work, etc. * Death rates: falling higher life expectancy; better health care, protection and treatment for life threatening illness, etc. Family size: falling reasons similar to birth rate but focus on decisions on individual reasons. AQA SCLY2 Unit 2: Education with Research Methods There are 2 sections – choose the CORRECT one, Education (should be section A), and answer all the questions in that section. Time allowed: 2 hours Maximum marks: 90 Time per mark = max 1 1/3 min. Questions with more than 12 marks should be answered in continuous prose and you will be marked on your ability to use good English, to organise information clearly and to use specialist vocabulary where appropriate.The paper has five questions: You are advised to spend 50 minutes on Questions 01 to 04 Y ou are advised to spend 30 minutes on Questions 05 You are advised to spend 40 minutes on Questions 06-09 No| Possible Question outlines| Marks| Timing| 01| definition of key term, e. g. ‘hidden curriculum’| 2 marks| lt;2 mins| Possible questions: * Explain what is meant by the term ‘compensatory’ education. (2 marks) (specimen paper) * Explain what is meant by the term ‘cultural capital’. (2 marks) (January 2009) * Explain what is meant by the term ‘ethnocentric curriculum’. 2 marks) (January 2010) * Explain what is meant by the term ‘vocational’ education. (2 marks) (June 2010) * Explain what is meant by the term ‘cultural deprivation’. (2 marks) (January 2011) * Explain what is meant by the term ‘immediate gratification’. (2 marks) (June 2011)| 02| Explain 3 factorse. g. 3 reasons for boys’ underachievement| 6 marks| lt;6 mins| Possible questions: * Suggest three material factors tha t might cause working-class educational underachievement. (6 marks)(specimen paper) * Suggest three reasons for gender differences in subject choice. 6 marks) (January 2009) * Suggest three ways in which Marxists see school as being similar to the world of work. (6 marks) (January 2010) * Suggest three reasons for boys’ educational under-achievement. (6 marks) (June 2010) * Identify three educational policies that may have contributed to social class differences in achievement. (6 marks) (January 2011) * Identify three policies that may promote the marketisation of education. (6 marks) (June 2011)| 03| Outline some reasons for something e. g. ender differences in subject choice| 12 marks| lt;12 mins| Possible questions: * Outline some of the reasons why different pupil subcultures exist in schools. (12 marks) (specimen paper) * Outline some of the policies introduced by governments to create an education market in the United Kingdom. (12 marks) (January 2009) * Outline some o f the ways in which the labelling process may lead to educational under-achievement for some pupils. (12 marks) (January 2010) * Outline some of the ways in which cultural deprivation may lead to educational under-achievement for working-class pupils. 12 marks) (June 2010) * Outline some of the ways in which factors outside the education system have resulted in improved educational achievement for girls. (12 marks) (January 2011) * Outline some of the functions that the education system may perform. (12 marks) (June 2011)| 04| Essay question:Using material from Item A and elsewhere†¦e. g. assess the claim ‘the main function of education†¦Ã¢â‚¬â„¢| 20 marks| lt;30 mins| Possible questions: * Using material from Item A and elsewhere, assess the claim that ‘the main function of education is to maintain a value consensus in society’ (Item A, lines 7 – 8). 20 marks) (specimen paper) * Using material from Item A and elsewhere, assess the claim that â₠¬Ëœethnic differences in educational achievement are primarily the result of school factors’ (Item A, lines 5 – 6) (20 marks) (January 2009) * Using material from Item A and elsewhere, assess the claim that gender differences in educational achievement are primarily the ‘result of changes in wider society’ (Item A, lines 6 – 7). (20 marks) (January 2010) * Using material from Item A and elsewhere, assess the claim that the main aim of education policies in the last 25 years has been to create an education market. 20 marks) (June 2010) * Using material from Item A and elsewhere, assess the view that the education system exists mainly to select and prepare young people for their future work roles. (20 marks) (January 2011) * Using material from Item A and elsewhere, assess the view that factors and processes within the school are the main cause of differences in the educational achievement of different social groups. (20 marks) (June 2011)| 05| Method s in contextUsing material from Item B and elsewhere†¦e. g. Assess he strengths and limitations of one of the following methods (observation / official statistics) for investigating teacher attitudes towards minority ethnic group pupils| 20 marks| lt;30 mins| Question 05 requires you to apply your knowledge and understanding of sociological research methods to the study of a particular issue in education. You will need to read Item B and answer the question / questions that follow. Question 05 is worth 20 marks and uses the functional word assess, you will need to carefully read Item B, and identify the ‘hooks’, clues written into the Item about material to include in your answer.To get full marks for this question, you have to successfully interpret material and apply it to answering the question, and explicitly refer back to the question, make it clear how your discussion is answering the question. It is acceptable to repeat key language from the question when do ing this, however, don’t simply make statements such as and this shows how useful observation is for investigating teacher attitudes. This is not good enough, you must explain how your discussion of relevant evidence answers the question.Possible questions: * Using material from Item B and elsewhere, assess the strengths and limitations of one of the following methods for investigating teachers’ attitudes towards minority ethnic group pupils: EITHER participant observation OR questionnaires. (20 marks) (specimen paper) * Using material from Item B and elsewhere, assess the strengths and limitations of one of the following methods for investigating boys’ underachievement: EITHER (i) official statistics OR (ii) unstructured interviews. 20 marks) (January 2009) * Using material from Item B and elsewhere, assess the strengths and limitations of one of the following methods for investigating the effect of material deprivation on educational achievement: EITHER (i) un structured interviews OR (ii) offi cial statistics. (20 marks) (January 2010) * Using material from Item B and elsewhere, assess the strengths and limitations of one of the following methods for investigating anti-school subcultures: EITHER (i) group interviews OR (ii) non-participant observation. 20 marks) (June 2010) * Using material from Item B and elsewhere, assess the strengths and limitations of one of the following methods for investigating the role of parents in pupils’ achievement: EITHER (i) questionnaires OR (ii) unstructured interviews. (20 marks) (January 2011) * Using material from Item B and elsewhere, assess the strengths and limitations of one of the following methods for investigating truancy from school: EITHER (i) official statistics OR (ii) participant observation. (20 marks) (June 2011)| 06| Definition of key term, e. . ‘triangulation’| 2 marks| lt;2 mins| For these questions, you can draw examples from any area of sociology with which you a re familiar. Possible questions: * Explain what is meant by the term ‘triangulation’. (2 marks) (specimen paper) * Explain what is meant by the term ‘longitudinal’ study. (2 marks) (January 2009) * Explain what is meant by the term ‘hypothesis’. (2 marks) (January 2010) * Explain what is meant by the term ‘secondary’ data. (2 marks) (June 2010) * Explain what is meant by ‘primary’ data. 2 marks) (January 2011) * Explain what is meant by ‘validity’ in sociological research. (2 marks) (June 2011) | 07 and 08| Evaluation of methodse. g. 1 advantage and 1 disadvantage of using official statistics| 4 marks| lt;4 marks| This question requires you to evaluate a method. Explaining the method or identifying the advantage / disadvantage is not sufficient; make sure you give an example and fully explain the advantage / disadvantage. Possible questions: * Suggest one advantage and one disadvantage of a longitudinal st udy. 4 marks) (specimen paper) * Suggest two disadvantages that sociologists may find when using unstructured interviews. (4 marks) (specimen paper) * Identify two sampling techniques used in sociological research. (4 marks) (January 2009) * Suggest two disadvantages of using media reports in sociological research. (4 marks) (January 2009) * Suggest two advantages of using official statistics in sociological research. (4 marks) (January 2010) * Suggest two problems that researchers may face when actively participating in the group they are studying. 4 marks) (January 2010) * Suggest two factors that may influence a sociologist’s choice of research topic. (4 marks) (June 2010) * Suggest two problems of using personal documents in sociological research. (4 marks) (June 2010) * Suggest two disadvantages that sociologists might find when using structured interviews. (4 marks) (January 2011) * Suggest one advantage and one disadvantage of using laboratory experiments in sociologic al research. (4 marks) (January 2011) * Explain the difference between a sampling frame and a sample. 4 marks) (June 2011) * Suggest two problems of using documents in sociological research. (4 marks) (June 2011)| 09| Essay question:e. g. Examine some of the problems sociologists may find in using experiments| 20 marks| lt;30 mins| Possible questions: * Examine the disadvantages some sociologists may find when using official statistics in their research. (20 marks) (specimen paper) * Examine the problems some sociologists may face when using experiments in their research. (20 marks) (January 2009) Examine the extent to which practical issues are the most important influence when selecting research methods and a research topic. (20 marks) (January 2010) * Examine the problems some sociologists find with using postal questionnaires in their research. (20 marks) (June 2010) * Examine the advantages of using personal documents and historical documents in sociological research. (20 marks ) (January 2011) * Examine the problems that some sociologists may face when using different kinds of experiments in their research. (20 marks) (June 2011)Revision Checklist Part One of Unit 2: Education 1 The role and purpose of education, including vocational education and training, in contemporary society * Functionalist and New Right views of the role and purpose of education: transmission of values, training workforce * Marxist and other conflict views of the role and purpose of education: social control, ideology, hegemony; ‘deschoolers’ (Illich, Friere): socialisation into conformity by coercion * Vocational education and training: the relationship between school and work:human capital, training schemes, correspondence theory. Differential educational achievement of social groups by social class, gender and ethnicity in contemporary society * Statistics on educational achievement by class, gender and ethnicity; trends over time * Social class and educational achi evement: home environment; cultural capital, material deprivation; language (Bernstein); school factors, relationship between achievement by class in education and social mobility * Gender and educational achievement: feminist accounts of gender-biased schooling; the concern over boys’ ‘underachievement’ and suggested reasons; subject choice; gender identities and schooling * Ethnicity and educational achievement: patterns; reasons for variations; multicultural and anti-racist education; experience of minorities in different types of schools * The relationship between class, gender and ethnicity The effects of changes on differential achievement by social class, gender and ethnicity. 3 Relationships and processes within schools, with particular reference to teacher/pupil relationships, pupil subcultures, the hidden curriculum, and the organisation of teaching and learning * School processes and the organisation of teaching and learning: school ethos; streaming an d setting; mixed ability teaching; the curriculum; overt and hidden * the ‘ideal pupil’; labelling; self-fulfilling prophecy * School subcultures (eg as described by Willis, Mac an Ghaill) related to class, gender and ethnicity * Teachers and the teaching hierarchy; teaching styles * The curriculum, including student choice. The significance of educational policies, including selection, comprehensivisation and marketisation, for an understanding of the structure, role, impact and experience of education * Independent schools * Selection; the tripartite system: reasons for its introduction, forms of selection, entrance exams * Comprehensivisation: reasons for its introduction, debates as to its success * Marketisation: the 1988 reforms – competition and choice; new types of schools (CTCs, academies, specialist schools, growth of faith schools) * Recent policies in relation to the curriculum, testing and exam reforms, league tables, selection, Special Educational N eeds (SEN), etc * Recent policies and trends in pre-school education and higher education. The application of sociological research methods to the study of education * Quantitative and qualitative data in education; the dominance of statistics (eg exam results, league tables) * Positivist and interpretivist approaches as applied to education * Issues, strengths and limitations and examples of the application to the study of education of the main sources of data studied (see Sociological Methods section): * questionnaires o interviews (formal/structured; informal/unstructured) o participant and non-participant observation o experiments o use of documents, official statistics and other secondary data * The theoretical, practical and ethical considerations influencing choice of topic, choice of method(s) and the conduct of research on education. Part Two of Unit 2: Research Methods Quantitative and qualitative methods of research; their strengths and limitations; research design * The difference between quantitative and qualitative methods, primary and secondary methods and source, strengths and limitations, using concepts such as validity, reliability, representativeness * The main factors influencing research design * The research process: main stages. 2 Sources of data, including questionnaires, interviews, participant and non-participant observation, experiments, documents and official statistics; the strengths and limitations of these sources * Through a range of examples students should explore the strengths and limitations in different areas of sociological research of each of the named methods * This should include the types of questions asked, different types of interview and of observation, and the range of documentary and other secondary sources; the value of pilot studies; triangulation; ways of selecting samples. The distinction between primary and secondary data and between quantitative and qualitative data * Primary and secondary data: difference, value of each to sociological research, ways of evaluating usefulness of secondary data * Quantitative and qualitative data: difference, value of each in sociological research, ways of presenting different types of data. 4 The relationship between positivism, interpretivism and sociological methods; the nature of ‘social facts’ * The differences between the positivist and interpretivist approaches, related to choice of method and to issues such as validity, reliability and representativeness, quantitative and qualitative data * The nature of social facts: awareness of the relationship between the research process and social life. The theoretical, practical and ethical considerations influencing choice of topic, choice of method(s) and the conduct of research * Theoretical considerations including the theoretical position of the researcher, issues of validity and reliability, the type of data required * Practical considerations including costs, time, access to respondent s, sample size * Ethical considerations including the interests of researcher and respondents, the researcher’s responsibilities to all involved in the research process, the rights of respondents; issues of anonymity, confidentiality and disclosure. Study of the British Sociological Association’s ethical guidelines is recommended. Websites http://atschool. eduweb. co. uk/barrycomp/bhs/ A very good school-based website with links to a range of content, revision materials, ‘duffers guides’ etc for AS and A2 Sociology. www. esociology. co. ukAnother good school-based website, includes information on education and methods at AS level and crime and deviance at A2. chrisgardner. cadcol. ac. uk/ Sociology Learning Support site with interactive tests and quizzes, good for revision. sociology. org. uk/drevise. htm Sociology Central website produced by Chris Livesey, a Sociology teacher, with specific links to AQA Sociology at AS level. www. s-cool. co. uk A good revision site with an A Level Sociology section. www. sociologyonline. co. uk Site covers good introductory materials (e. g. on gender, class, feminism) and information on some of the big thinkers (e. g.Durkheim, Marx and Weber) www. soc. surrey. ac. uk/sru/ Useful information on a range of sociological research methods, produced by the Sociology Department at the University of Surrey. http://media. pfeiffer. edu/lridener/DSS/ ‘Dead Sociologists Website’ providing summaries and links to information for key Sociological thinkers of the past. sociologyexchange. co. uk/index. php mainly provided for teachers, but lots of resources available to download tutor2u. net/blog/index. php/sociology/ blog site highlighting news stories and developments, with some resources. Good for keeping up to date with contemporary developments in sociology.

Thinking machines Essay Example | Topics and Well Written Essays - 4500 words

Thinking machines - Essay Example This paper conducts an analysis of its subject in the form of a qualitative content analysis of relevant available literature. A multi-dimensional approach is adopted to incorporate all perspectives in the analysis. These include perspectives of philosophy, mathematics, language, and related specialized sciences such as Computer Science, Artificial Intelligence, Neuroscience, Robotics and Natural Language Processing. Literature on the Turing Test has also been examined and analyzed to gauge its applicability on modern-day machines. Literature from these diverse subjects of study has been qualitatively analyzed in this chapter in search of a conclusive answer to the central question of the paper. This chapter begins with an analysis of the human thinking process based on the approach of computer science and natural language processing. The objective of the analysis was to define the human thinking process in a quantitative manner and then compare it quantitatively with the functioning of a computer system. The next section of the chapter concentrated on trying to develop a possible mathematical model of the human thinking process based on neuroscience and analyzed by a philosophical approach. Thereafter, the chapter present analyses of the different perspectives held on the subject by related specialized disciplines. These disciplines include Artificial Intelligence (AI), Robotics and Neuroscience. The chapter then takes on an analysis of the Turing Test to gauge its efficacy as a test for human-level intelligence in machines. The chapter is rounded up with an overview in the form of a summary. The literature review conducted for this study was successful in finding the answers to many of the research questions. With regards to the first research question, while Philosophy holds that the human mind itself may not be

Money and banking Essay Example | Topics and Well Written Essays - 500 words - 2

Money and banking - Essay Example Jefferson argues that since no mention of any mandate was present, Congress had no such right. Hamilton dismissed Jefferson’s arguments by citing that Congress has â€Å"necessary and proper powers† to implement the nation’s fiscal and monetary policy. He added that a central bank fits perfectly into this scheme, by making it easier for Congress to do the job. If there were one central bank coordinating all banks, Congress could easily hold one accountable. Eventually, Hamilton’s arguments won, and this would set the practice of establishing central banks for the years to come, beginning with the First Bank of the United States of America. (Johnson 7) This should be viewed actually as the triumph of the power of money over democracy. Money could be represented by paper marked by the government as legal tender. In itself, it is harmless to democracy. But left to the hands of unscrupulous individuals and bankers, money can be used to damage democracy as can be seen in the succeeding events. During the term of James Madison, the bill seeking to renew the First Bank’s Charter was defeated by a narrow margin. Madison liked the outcome, but chaos ensued. The War of 1812 made the US Government to focus its effort in surviving against England. As a result, state-chartered banks began issuing different fiat currencies with little value. Proponents of central banking then blamed Madison for such troubles. Near the end of his term, Madison was forced to sign the charter of the Second Bank of America, as this was the popular clamor of Representatives. (Johnson 9) Thus, although there were hopes that democracy will prevail over the system of credit, central banking won. This episode illustrates clearly the fact that because of money, efforts to implement what is good for the general public can be undermined. Fast forward to 1907,

Tort Law Essay Example for Free

Tort Law Essay After reviewing the facts, I would advise Jason, Penny and Fancy Fashions, Ltd. of their possible causes of action vis-à  -vis the parties who may be held liable for damages for their negligence, namely, Alice, Joyce, the junior doctor, the nurse who administered the anti-tetanus serum, and Richard’s Teaching Hospital.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In particular, I would advise Jason to take legal action against Alice, the learner driver, for damages sustained by him as a result of the collision with her automobile.   My advice is based upon the fact that Alice is liable for actionable negligence. Traditionally, the elements of a cause of action for negligence are: (1) a duty to use reasonable care; (2) a failure to conform to the required standard; (3) a reasonably close causal connection between the conduct and the resulting injury, commonly called â€Å"proximate cause† or â€Å"legal cause†; and (4) actual loss or damage to the aggrieved party (Prosser 1982).   Ã‚  Ã‚  Alice did not comply with her duty of seeing to it that her act of driving does not result in injury to another.     Ã‚  Knowing that she must be particularly careful at a road portion designated for people crossing, she should have slowed down.  Ã‚  Ã‚   Her not exercising reasonable care while driving is the proximate cause of the accident, which resulted in actual damage to Jason.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   I would, however, caution Jason that the task of proving the negligence of Alice would not be easy or simple. The fact of the accident occurring having been proved, Jason would now have to show that Alice was negligent, and that such negligence is the proximate cause of his injury.   To do this, he has to show that Alice fell short of the standard of care required, that is, she failed to do â€Å"what a reasonable, prudent person would do under the same or similar circumstances† (Prosser 1982).  Ã‚   Jason may argue that in determining negligence, the law makes no distinction as to whether or not the defendant is a learner driver or an experienced professional, that what is expected of Alice is that standard of care expected of a reasonable man   in order to prevent a foreseeable wrong.    A reasonably diligent person ought to be aware that pedestrian crossings are designated passageways for people and that it is a basic rule among motorists to exercise due care when approaching such crossings.  Ã‚   As every learner driver ought to know, one of the fundamentals of safe driving is to be always alert at pedestrian crossings; traffic signs are adequate warning to this effect.  Ã‚   Thus, a reasonably diligent driver should approach such crossing with caution by slowing down , his foot poised to hit the brake pedal if necessary.   Judicial notice may be taken of the fact that braking is one of the first skills taught a learner driver.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In fine, Jason would have to satisfy the court: (2) that the negligence of Alice is the proximate cause of Jason’s injury, and (2) that there is no contributory negligence on his part.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Proximate cause has been defined as â€Å"that act or omission which immediately causes or fails to prevent the injury; an act or omission occurring or concurring with another which, if it had not happened, the injury would not have been inflicted.† (Tennessee Trailways, Inc. v Ervin, Supreme Court of Tennessee, 1969).  Ã‚   In the instant case, the omission of care on the part of Alice as she approached the pedestrian crossing would have prevented the accident; thus her negligence is the proximate cause of it. Jury instructions in the state of Texas define proximate cause as â€Å"that cause which, in a natural and continuous sequence, unbroken by any new and independent cause, produces an event, and without which cause such event would not have occurred; and in order to have a proximate cause the act or omission complained of must be such that a person using ordinary care would have foreseen the event, or some similar event, which might reasonably result therefrom.   There may be more than one proximate cause of an event.† (Prosser 1982).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Since contributory negligence either bars the victim from award of damages or reduces the amount thereof, the defendant would probably adduce evidence of contributory negligence on the part of Jason.  Ã‚  Ã‚   Alice may contend that Jason is solely to blame for the accident. He should have realized that in his drunk condition he is prone to danger from passing vehicles.   Ã‚  Ã‚  Ã‚  Alice would attempt to show that a drunk person may not invoke his state of intoxication to evade responsibility for his own negligence, and that Jason ought to have foreseen the possible consequences of his crossing the street while drunk.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In U.S. courts where the doctrine of contributory negligence is still in force resort has sometimes been made to the old common law doctrine of â€Å"last clear chance†: a plaintiff is allowed to recover damages upon showing that the defendant had the last clear chance to avoid the accident. Under this doctrine, the later negligence of the defendant makes him liable for negligence on the assumption â€Å"that he is the more culpable whose opportunity to avoid the injury was later.† (Kansas City Southern R. Co. v Ellzey (1927) However, the said doctrine is history for being manifestly â€Å"inequitable in its operation because it fails to distribute responsibility in proportion to fault.† (LI v Yellow Cab Co. of California Supreme Court of California, 1975).   Ã‚  Ã‚  In the United States, the last clear chance doctrine appears to have been modified or superseded by the theory of comparative or gross negligence or a combination of both, and the issue of determining the best principle to be applied in such cases is now being shifted to the legislative branch.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the United Kingdom, contributory negligence is provided under statutory law.  Ã‚   A plaintiff who is found to be liable thereto may recover damages subject to a reduction to an extent to be determined by the Court.  Ã‚   As provided under Section 1(1) of the Law Reform (Contributory Negligence) Act of 1954, in cases where contributory negligence occurs, â€Å"the damages recoverable in respect thereof shall be reduced to such extent as the Court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage.†   In view thereof, I would advise Jason that the damages to be awarded him in case of a favorable verdict shall be reduced as the Court shall see fit upon a finding of contributory negligence on his part.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Regarding the question of whether or not Jason’s act of walking in the pedestrian crossing while drunk constitutes contributory negligence, I submit that, yes,   it may possibly be so construed.  Ã‚   Alice may invoke the aforesaid statutory provision stating that contributory negligence occurs when there is a sharing of fault by both parties.     She may likewise cite the ruling in Froom v Butcher (1976), where the Court held that â€Å"negligence is a man’s carelessness in breach of duty to others.   Contributory negligence is a man’s carelessness in looking after his own safety. He is guilty of contributory negligence if he ought reasonably to have foreseen that, if he did not act as a reasonable prudent man, he might be hurt himself.†   Ã‚  Ã‚  However, I maintain my position that Jason’s crossing the street â€Å"oblivious to all traffic† does not ipso facto show that he was aware of a foreseeable harm to himself.  Ã‚   A person crossing a street is not expected to be always on the lookout for learner drivers while doing so; they rely on the fact that any motorist is aware of its being a pedestrian crossing and should observe proper care when approaching and passing through it.  Ã‚   Every pedestrian or motorist always assumes that the other person behind the wheel knows what he is doing. Whether drunk or alert, one cannot possibly foresee that a particular motor vehicle is being driven by a negligent driver.   In the case of O’Connel v Jackson (1972) (where an employee rode on a traxcavator against orders, thereby exposing himself to danger, and was crushed when another vehicle rammed into it), it was opined that â€Å"foreseeability is not the decisive test of causation.   It is often a relevant factor, but it is not decisive.†Ã‚     Inasmuch as foreseeability is not decisive, Jason may disprove contributory negligence by showing that he could not have foreseen being struck by a learner driver’s car as he crosses the street. I submit that Alice may not evade liability through negligence by showing that she could not have foreseen that a drunk person would ignore the flow of traffic.   Ã‚  If that reasoning were allowed,   a lame person, an unassisted child or elderly person,   a blind man walking with a cane, or any person with disability who take the pedestrian crossing (and who are perfectly aware of the possibility, however remote, that they would be hit by an oncoming car) would also be liable for contributory negligence in the event of an accident.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Contributory negligence must be proven in court; it cannot be presumed.   In a U.S. case, the plaintiff was injured by a passing train owned by the defendant who was then walking â€Å"on defendant’s right-of-way along a much-used path at the end of the crossties of its main track† and was hit by an open car door.   The jury found that â€Å"plaintiff’s injuries were caused by his own negligence.† However, in a certiorari before the Circuit Court of Appeals, the appeals court held that â€Å"the evidence required a finding that plaintiff was guilty of negligence that contributed to cause his injuries.†Ã‚   Accordingly, judgment below was reversed.   (Erie Railroad Co. v. Tompkins (1938).  Ã‚  Ã‚   Thus, a very drunk person crossing a street cannot be presumed negligent; his contributory negligence must be proved to bar a claim for damages.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As regards the liability of the ambulance driver, I submit that both Jason and Penny as well as the owner of Fancy Fashions Ltd. have a possible cause of action against Joyce, the driver of the ambulance owing to his presumed negligence.  Ã‚     Ã‚  The fact that the accident occurred while he was in an emergency situation does not free him of responsibility.   Citing several U.S. court decisions, Prosser (1982) noted: â€Å"It is obvious, and elementary, that the care required by the standard of the reasonable man will vary according to the risk.   As the danger increases, the actor is required to exercise caution commensurate with it, and to be more careful.† He also took note of other decisions which insist that â€Å"there are no degrees of care but merely amounts of care, greater or less, that the care required of the actor is always the same under the traditional formula, that of a reasonable man under like circumstances; and that the greater danger, or the greater responsibility are merely circumstances that require of him a greater amount of care.†   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In proving the negligence of Joyce, the crash of the ambulance driven by him into the shop of Fancy Fashions, Ltd. is a case where the maxim of res ipsa loquitor may be applicable.     A Tennessee court held: â€Å"Where a motor vehicle, without apparent cause, runs off the road and causes harm, the normal inference is that the driver was negligent, and res ipsa loquitor is usually held to apply† (Tenessee Trailways, Inc. v Ervin (1969).     However, pursuant to the said doctrine, the running off the road of a vehicle may not be construed as negligence per se, but only gives rise to three different effects: â€Å"(1) It warrants an inference of negligence which the jury may draw or not, as their judgment dictates. (2) It raises a presumption of negligence which requires the jury to find negligence if defendant does not produce evidence sufficient to rebut the presumption. (3) It not only raises such a presumption but also shifts the ultimate burden of proof to defendant and requires him to prove by a preponderance of all the evidence that the injury was not caused by his negligence.†Ã‚  Ã‚   If Joyce would be able to show that he did exercise reasonable care in driving the ambulance, and that there was an intervening cause (such as a third party that could have caused him to swerve off the road), the presumption of negligence arising from the maxim of res ipsa loquitor would be overcome.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The three plaintiffs may implead in their action the employer of the ambulance (St. Richard’s Teaching Hospital), being jointly liable for failing to exercise due diligence in the hiring of driver.  Ã‚     Under the principle of vicarious liability (respondeat superior), the employer is responsible for the negligence of his employee which results in injury to another.  Ã‚   Pursuant to this doctrine, â€Å"an employer will be liable for the negligence of an employee committed while the employee is acting in the scope of his employment.   An employee acts in the scope of his employment when he is doing something in furtherance of the duties he owes to his employer . . .† (Lundberg v State Court of Appeals of New York, 1969).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   With respect to the damage sustained by Jason arising possibly from the administering of antibiotics, I would advise Jason that he may have an actionable right against the junior doctor (and against the hospital for vicarious liability), provided that Jason would be able to produce expert testimony that the combination of alcohol and antibiotics, with or without the jolting caused by the ambulance crash, would have produced the injury, and regardless of whether or not the junior doctor consulted the surgeon.  Ã‚     I base my advise on the doctrine of informed consent which requires a physician to fully disclose to his patient the possible consequences of a given treatment.   Ã‚  Ã‚  In Scott v Bradford (1979), the Supreme Court of Oklahoma stated:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   the law does not permit a physician to substitute his judgment for that of the   patient by any form of artifice. Consent to medical treatment, to be   effective, should stem from an understanding decision based on adequate      information about the treatment, the available alternatives, and the collateral   risks. . . If a physician breaches this duty, patient’s consent is defective, and   physician is responsible for the consequences.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As in the case against Alice, I would advise Jason that the recovery of damages against the junior doctor would depend upon the findings of the trial court, i.e., a question of fact to be determined on the basis of the evidence.   Moreover, the defendant physician may contend that the doctrine of informed consent is not absolute; there are exceptions, such as when the information is already obvious or known, or in case of an emergency wherein the information might alarm the patient and aggravate his condition. The doctor might contend that since his primary duty is to do what is best for his patient who is unconscious anyway, he cannot be held liable for withholding information.   As enunciated in Canterbury v Spence ( 1972), â€Å"the patient has the burden of going forward with evidence tending to establish prima facie the essential elements of the cause of action.  Ã‚   The burden of proving an exception to his duty and thus a privilege not to disclose, rests upon the physician as an affirmative defense.†   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Under the first rule, the junior doctor may not be held liable solely on the ground that he did not consult the surgeon who performed the operation on Jason, his skill or competence being presumed.  Ã‚   But assuming it is proved that the jolting in the ambulance did not contribute to or cause the paralysis but only the antibiotics treatment,   Ã‚  the legal task of proving negligence on the part of the junior doctor would still be an uphill battle.  Ã‚   The defendant would enjoy the presumptions under the first and fourth rule: he is presumed competent, and is likewise presumed as not negligent.    On the other hand, Jason would have to prove that his administering antibiotics to Jason despite his being intoxicated with alcohol is contrary to or deviates from the standard of good medical practice in the community. In Boyce v Brown (1938), the issue was whether the taking of an x-ray of the plaintiff’s fractured ankle was considered standard practice (it was not).     Ã‚  Such question regarding standard practice may only be resolved by the testimony of experts in the medical field.     Thus, Jason and company must present affirmative evidence of negligence, such as the failure of the junior doctor to comply with the recognized or standard procedures in such cases, resulting in the injury.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As regards the nurse who administered the anti-tetanus injection, the above rules would likewise have to be applied.   If it is considered standard procedure in hospitals or in the medical community to test a patient for allergy before being given a drug which may have fatal effects in case a patient is allergic thereto, her failure to observe or comply with the said standard resulting in injury to Penny, in addition to the other elements stated above, would make her presumptively liable for malpractice.  Ã‚   The nurse may contend in her defense that the allergy test is not standard or customary practice (if such is indeed the case), and that this rule (otherwise known as the locality rule) should not be applied anymore by the courts owing to the growing variance in the knowledge and skill of physicians throughout the country and the world.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   If the evidence would warrant a finding of liability due to negligence on the part of the nurse, I would advise my client to implead the attending physician who had given the order to the nurse, as well as the hospital on the ground of respondeat superior.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Suppose Jason proves his case against Alice, a question arises as to what extent she would be liable for damages in view of the fact that the injuries suffered by Jason may have been aggravated by the ambulance crash.   In such case, the damages shall be apportioned on the basis of the liability of the parties responsible for the first and the second accident. The Colorado Court of Appeals, deciding Bruckman v Pena (1971) cited   â€Å"the general rule that one injured by the negligence of another is entitled to recover the damages proximately caused by the act of the tort-feasor, and the burden of proof is upon the plaintiff to establish that the damages he seeks were proximately caused by the negligence of the defendant.†   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Subject to the above qualifications and views, Jason, Penny and Fancy Fashions Ltd. may file the appropriate action for damages which will be determined by the evidence presented in court.   Such awards may include but are not limited to medical expenses, the loss of earnings as a result of injury or incapacity, and moral damages due to the pain and suffering caused by the defendants’ tortious acts or omissions.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Finally, I would advise Jason, Penny and Fancy Fashion, Ltd. that despite the wealth of jurisprudence on tort cases, there is no clear-cut approach to a particular case, and the outcome of the cases they would file in court would depend most entirely on the evidence they would present during trial, and how the trier of fact would evaluate them. REFERENCES Boyce v Brown (1938) 51 Ariz. 416, 77 P .2d 455 Bruckman v Pena (1971) 29 Colo. App. 357 Canterbury v Spence (1972) 150 US. App. D.C. 263, 464 F. 2d 772 Erie Railroad Co. v. Tompkins (1938) 304 U.S. 64 Froom v Butcher (1976) QB 286, 291 Kansas City Southern R. Co. v Ellzey (1927) 275 U.S. 236 Larson v St. Francis Hotel   (1948) 83 Cal.App.2d 210 LI v Yellow Cab Co. of California (1975) Supreme Court of California Lundberg v State Court of Appeals of New York (1969) O’Connel v Jackson (1972) QB 270 Prosser, W. Wade, J. Schwartz, V. Cases and Materials on Torts (1982). 7th edition. New York, Foundation Press, Inc. Scott v Bradford (1979) 606 P.2d 554   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Tennessee Trailways, Inc. v Ervin (1969) 275 U.S. 236