The 1996 Margin of Victory for U.S. House Incumbents :: Politics Political Election Government Essays

The 1996 Margin of Victory for U.S. House IncumbentsIn 1996, the American public reelected 357 members to the United States House of Representatives of those running for reelection, 95% succeeded. several(prenominal) congressmen received a large margin of success over their policy-making opponents, confusable to election results of the past. Trends in American politics have been the arouse reelection rates of House incumbents as well as large margins of victory over challengers. The purpose of this paper is to examine the factors influencing incumbents margin of victory in the 1996 Congressional elections. Literature Review Most recent research concentrates on the increasing trend at all levels of American government toward full(prenominal) reelection success. Paul Jacob explains that today, challengers have an exceedingly difficult time trying to bastinado an incumbent. For example, incumbents who sought reelection in the 1988 general election had a 96% success rate and 98% in 1990. Though the percentage decreased in 1992 because of House scandals, the general election rate for incumbents still remained high at 93% (Jacob, 1994 30). This is non a new phenomenon as approximately 92% of all incumbent representatives have been reelected since World War II. Even in a year with a lower percentage such as 1992, Davidson and Oleszek emphasize that turnover in the House resulted more from retirements (many involuntary) than from electoral defeats (Davidson, 1994 63). Drawing upon existing literature, Alford and Brady in Congress Reconsidered have suggested four main reasons for this reelection phenomenon. The reasons atomic number 18 as follows (1) congressional district lines drawn to favor incumbents (2) increase resources of incumbent members (3) weak congressional challengers and (4) weak troupe identification of voters (150 and 151). The latter three storys are support by current research however, the first theory is not. By examining similar trends i n the Senate, which does not use district lines, researchers have concluded that congressional district lines do not favor incumbents and are not an explanation for high incumbency reelection rates (151). However, much research has demonstrated that incumbents are usually rewarded on election days because of numerous factors. These factors include congressional perquisites such as campaign funding, franking privileges, and extensive media coverage. As a result, they much face weaker challengers because of such effective use of these perquisites (Erikson and Wright, 1993 99, 101). Finally, American voters do not strongly identify with one party as in the past. much people are declaring themselves independent, and consequently, they are voting for the individual rather than for the party with whom they identify.

Denim Finishing Company Case Essay

1.Mrs. Kelsey Bowser apply the alphabet ashes decided to accustom the name of garments as the address hail unitary wood of the change-over be. Nevertheless, I argue that this was non the best realizable choice. I allow for try to defend my point using the following re affordative. Lets assume that shooter Who Jeans demands 600, not 500 garments per shipment. Although the keep down of garments changes, the total change-over be would hinderance the same, because no additional retooling of the mechanism would be infallible. The whole change-over cognitive change takes 3 hours regarding if the name of garments is 200, 500 or 800. Furthermore, lets pu assert theoretically assume that the smart set is able to achieve some spare capacity and one batch is now composed of 150 garments kind of of 100 garments. Still, although the total number of garments would vastly increase, the change-over approach would be change only break outially. The opportunity cost meas ured as a scattered contribution margin would slightly increase, but the out-of-pocket cost would stay the same, as the wages of the employees and supplies costs allow not change.Thus, it is clear that the number of garments is not the comme il faut cost device driver for the change-over costs. In my opinion the number of shipments would be a much better cost driver for the change-over costs. Regarding the number of garments or the number of batches Guess Who Jeans demands every(prenominal) shipment take aims the change-over costs to be incurred twice. For instance, if 99 shipments were make, the total change-over costs would equal $351 * 198 = $69,498, because two change-overs ($702) would not gain to be undertaken. Thus, the number of shipments clearly drives the canvas costs. Un give carely the former example with the number of garments per batch increasing to 150, the number of shipments fully drives the change-over costs. Every clip the number of shipments rises or fal ls, the change-over costs change by the full total of the two per-changeover costs which right reflect the real stain. Using much(prenominal)(prenominal) a cost driver may be problematic when the allocation of the change-over costs is analyzed. Nevertheless, I argue that those cost should be solely allocated to the properness denim force outing.The demand for the sto recentashing services exceeds the telephoners capacity. Thus, if the Guess Who Jeans passing was declined, the club would use the whole capacity for stonewashing. However, if the press was accepted the stonewashing processes would be somehow interrupted by the propriety denim finishing. Each dangling, and therefore each shipment would require incurring the change-over costs twice. No factor connected with stonewashing drives those costs. Regarding the number of batches or garments used in the stonewashing process each shipment necessitates the cost of $702. Therefore, I believe this cost should be associate d with every shipment done by Guess Who Jeans. In cecal appendage A I present the product profitability abridgment using the number of shipment as the cost driver.Moreover, Mrs. Kelsey Bowser claims that the change-over costs should be handle as product-sustaining costs. Nevertheless, I believe her opinion is scathe. I believe these costs should be on the batch aim in the cost hierarchy. Hence, I believe the initial analysis undertaken by Mrs. Bowser was correct, although the cost driver she selected was improper. Product-sustaining level costs could be defined as activities that are needed to raise an entire product line but are not performed every time a new unit or batch of products is produced Hilton 2010. Although the initiative part of the definition applies to the change-over costs, it is clearly not the case when the split second part of the definition is concerned. The change-over costs kick in to be incurred every time the shipments is delivered and the propriety d enim finishing has to be done. Therefore, I believe these costs should be sort of built in bedd as the batch-level costs in the cost hierarchy.Batch-level costs are believed to arise from activities performed once for each batch or bevy of products Zimmerman 2011. Since the change-over costs need to be incurred every shipment, placing them at this level in the hierarchy seems bonny. 2. It is clear that sooner accepting the proposal several nonfinancial issues agree to be considered in order to force a reasonable decision. First, the management should think how accepting the Gues Who offer would affect the relations with the otherwise clients. Since Guess Who requires the Denim application Compevery not to offer the concomitant font of finish to other customers, it is very likely that relations with other firms will worsen. The Denim Finishing Company has been cooperating with many companies for a wide time. Therefore, those companies may dislike the fact that the new cli ent receives the special treatment, age such benefits could not be observed in their case, tear down though they have been the customers for ages.Consequently, the Denim Finishing Companys reputation may reverberate and furthermore the firm may lose some of its customers that it had foresighted term relations established with. accept the Guess Who offer, as mentioned before, would require the Denim Finishing Company to offer the sure time of finish exclusively to Guess Who. Hence, the firm would be prohibited from providing other companies with this service. in front reservation the decision it should be analyzed if that could lead to probable losings in the future. For instance, although cooperating with Guess Who may be beneficial, the potential gains from offering that type of finish to other clients could be higher. If so, the Denim Finishing Company should rather provide the service to other firms. Naturally, before making such a decision it has to be see to itd if oth er firms would require the Denim Finishing Company to offer the service exclusively to them, like it is the case for Guess Who. Offering exclusive service to one company may top in other companies (not only potential clients as mentioned in the previous paragraph, but as well reliable ones) demands for exclusive treatment.If other clients, peculiarly those who have been cooperating with the Denim Finishing Company for a long time, realize that it is possible to receive such a special treatment, they would likely claim for it too, as it could give them a competitive advantage over other firms in their industry. Thus, the Denim Finishing Company would undoubtedly face a sorry problem. It theoretically could increase the prices for the firms that demand exclusive service, but it could lead to losing those clients. Accepting or declining the Guess Who offer may in like manner result in potential conflicts within the firm that have to be considered. For instance, Bruce Farrand who is against the offer may be so determined in defending his point of notion that if the offer is accepted, he will decide to terminate his employment.However, he faculty be so valuable for the company that the gains from the cooperation with Guess Who would not bushel for the value added by Mr. Farrand. Moreover, some other conflicts could arise in the company after deciding either. Before making the decision it would also be recommended to analyze the potential influence the service offered to Guess Who could have on the railroad car. Since providing the finish would require constant and oftentimes retooling of the machine, it could negatively affect the lifetime of the machine. What is more, it is possible that the quality of services done by the machine would shrink because of those often changes. Hence, the satisfaction among clients could diminish and the high cost of purchasing new machine would have to be incurred soon. It also cannot be forgotten that the current demand exceeds the firms capacity and some of its clients already use services provided by other companies.Thus, if the Denim Finishing Companys has even less time for stonewashing, these clients can shift to competitors. Finally, it should be estimated what potential nonfinancial benefits could cooperating with Guess Who bring to the Denim Finishing Company. Guess Who is considered to be a company that offers innovative and premium products. Thus, being an important subscriber line partner of such a firm could have a substantiating impact on the Denim Finishing Companys reputation. Consequently, it could suck new clients and encourage more companies to cooperate with the Denim Finishing Company. Moreover, flourishing cooperation with Guess Who Jeans could lead to extending the business relations with that company. For instance, it could outsource more of its doing to the Denim Finishing Company.3. If I were tomcat Corcoran, I would undoubtedly have a few headways for the controlle r. First, I would affect about all the problems mentioned in the two previous questions. As mentioned before, I believe that Mrs. Bowser did not place the change-over costs at the right level in the cost hierarchy. Hence, I would like to get to know why she decided to treat them as product-sustaining costs, while there are a lot of arguments supporting the mentation to treat them as batch-level costs. Furthermore, the cost driver chosen by Mrs. Bowser is highly doubtful. I would require the explanation how and to what extent in her opinion the number of garments drives the change-over costs. Since I believe the number of garments is not the right cost driver, I would ask Mrs. Bowser for some other type of profitability analysis, such as the analysis presented in Appendix A. The analysis presented at the meeting by the controller could be misleading.Both Exhibit 3 and Exhibit 4 present data that is in my opinion inaccurate. Moreover, as it was analyzed in the second question accept ing or declining the offer could lead to sevenfold nonfinancial outcomes that may play a significant role on the companys profitability. Hence, I would ask if such factors have been analyzed and if so, what possible impact they may have. I also believe that tomcat Corcoran would be most interested in the total profit his company would have under both scenarios. Analyses presented at the meeting, as valuable as they might be, do not contain such information. For instance, they do not include the facility-sustaining costs that the Denim Finishing Company has to incur.Hence, it would be recommended to present Tom Corcoran with the yearly profit the firm may earn. Moreover, I would ask Mrs. Bowser about the accuracy of her assumptions in Exhibit 4. She estimates that the costs of the proprietary process, as well as the price paid by Guess Who Jeans will not change during the year. However, it may not necessarily be the case. The analysis relies on historical costs that may not be cap ture for the future estimations. Thus, I would like to know if Mrs. Bowser took that aspect into account. Another question would regard the overhead rates of the batch- and unit-level costs. The rates were estimated when only stonewashing was done.However, accepting the offer from Guess Who Jeans would require retaining from using the machine for 600 hours. This could likely result in different overhead costs and consequently different overhead rates. The batch-level value cost can be special(prenominal)ly problematic. It is driven by the machine hours and as previously mentioned the machine is not used for 3 hours before and 3 hours after the shipment. Furthermore, the case invites it unclear whether drying is also performed by the unit 4. The per-garment utilities cost includes 3 hours for washing and 3 hours for drying. However, when the change-over is undertaken, the washing is not performed, because the machine cannot be used. Therefore, during the change-over the utilities cost is possibly lower.This is especially important for the opportunity cost analysis. Since the case is lacking information explaining the problem, if I were Tom Corcoran I would like to clarify it. Finally, I strongly believe that it would also be necessary to ask Mrs. Bowser about the facility-sustaining costs. Such costs are ignored in the controllers analysis. Nevertheless, they still affect the companys profitability. Hence, I would like to get to know how big those costs are. Moreover, the facility-sustaining costs could also be somehow influenced by the possible cooperation with Guess Who Jeans.For instance, the security or insurance costs could rise, since the service is supposed to be offered exclusively to that particular client. Therefore, the analysis of the capacity-sustaining costs would also be useful. To sum up, if I were Tom Corcoran I would have many doubts about the controllers analysis. I would probably ask her to prepare yet another presentation that includes my suggestions. However, if I were to make the decision, I probably would accept the Guess Who Jeans offer. The analysis in the Appendix A, although it does not include nonfinancial factors and may not properly reflect all the costs, clearly shows that such a scenario leads to increased profits.4.Activity-based be is undoubtedly a useful tool that could help the management to make the optimal decision. It is much more accurate that the traditional cost systems. Distinguishing conglomerate activities and determining cost drivers relating to them helps to more precisely allocate the costs. Using one cost driver for all the amount of the overhead could create the situation where the indirect costs are not really driven by the particular cost. For instance, although direct labor hours might to some extent determine the value of the overhead, the influence may only be partial, especially regarding certain products. Using various cost drivers for various activities largely eliminates th is problem. What is more, selecting particular cost drivers for respective activities enables taxing certain activities. This internal tax system gives an bonus to reduce certain costs and therefore improve the companys efficiency. For instance, if machine labor hours are chosen as a driver for the exertion activity there is an impulse to lower the number of machine labor hours which consequently results in decreased value of overhead, lower costs and higher profits. Under Activity-Based be the share of costs allocated directly to the products increases.Thus, the company better understand where its overhead costs go to. It enables the firm to localise the products that are not profitable and undertake relevant actions, such as decreasing costs, raising the price or withdrawing the product. However, the cost hierarchy helps to make such decision regarding not only particular products, but also batches and product lines. This undoubtedly allows making decisions that are more profit -maximizing. Moreover, in the alphabet the practical capacity is used. Therefore, it is possible to determine the groundless capacity. Diminishing the unused capacity is definitely helpful in maximizing the profits of the company. Hence, Activity-Based Costing provides the management with the information necessary to make optimal decisions. To compare, the traditional costing systems do not give such a possibility.However, the ABC method also has some flaws that may result in making a non-optimal production decision. Some of those disadvantages could be observed in the previous questions. First, the system is believed to be complicated. As noticeable in the first question choosing the proper cost driver for the particular activity might be problematic. Selecting the wrong driver could lead to biased results and consequently the decision that is not profit-maximizing. Furthermore, exhausting to maintain the cost hierarchy may also be difficult, as shown in the example of Mrs. Bows er from the Denim Finish Company. The results when the costs were determined as the batch-level where completely different than when they were analyzed to be product-level. Thus, such easily made mistakes could result in a non-optimal decision.Furthermore, as it could be seen in the second question Activity-Based Costing does not include any nonfinancial measures. Thus, even though pure financial values may show that a particular decision is profit-maximizing, it might not necessarily be the case. opposite factors, such as e.g. loss of reputation could actually result in decreased profits. Finally, the ABC method requires gathering data from the whole company, often through interviews. Hence, there is a relatively big possibility that poised data is not perfectly accurate. To sum up, the Activity-Based Costing method is quite reliable tool in making optimal production decisions, especially compared to the traditional costing systems.However, the system has to be carefully planned and implemented, because any mistakes could lead to inaccurate results. Choosing the wrong cost driver and improper grant of the costs in the cost hierarchy may result in undesired errors. Furthermore, as useful as the ABC is, the management cannot rely solely on financial values provided by the method. Before making the decision all nonfinancial factors have to be considered. Only such a consideration combined with the information supplied by the properly designed and applied Activity-Based Costing system can lead to the optimal production decision.

Law of torts Essay

The encounter book tort is of French origin and is uniform of the English word wrong, and the Ro human being truth term delict. It is derived from the Latin word tortum, which spot twisted or crooked. It implies deliver that is twisted or crooked. It is normally subprogramd to mean a rape of business meating to a motor lodgely wrong. Definition a tort is defined as a well-bred wrong for which the remedy is a common law represention for unliquidated regaining and which is non exclusively the break in of a contr exertion or the br distributively of a trust or few early(a) holyly equitable promise.A tort a tests due to a soulfulnesss craft to others in habitually which is created by wiz law or the other. A psyche who commits a tort is kn receive as a tortfeaser, or a wrongdoer. Whither they are more than one, they are called joint tortfeaser. Their wrongdoing is called tortuous exertion and they are originatorable to be sued jointly and severally. The pr inciple shoot of the practice of law of tort is compensation of victims or their dependants. Grants of exemplary changes in accredited shells go away show that deterrence of wrong doers is in like manner nearly other aim of the law of tort. OBJECTIVES OF LAW OF TORTS.i. To determine reclaims between betteries to a dis localizee. ii. To pr veritable(a)t the subsequence or repetition of harm e. g. by giving blesss of injunction. iii. To protect sure chastises recognized by law e. g. a souls temper or good name. iv. To restore place to its rightful proprietor e. g. where property is outlaw(a)ly taken away from its rightful owner. CONSTITUENTS OF TORT To constitute a tort or cultivated wounding 1. in that respect moldiness be a wrongful act or remissness. 2. The wrongful act or omission ingrained(prenominal) give rise to jural damage or real(a) damage and 3.The wrongful act must be of much(prenominal)(prenominal) a nature as to give rise to a ratified rem edy in the form of an put to conclusion for open. The wrongful act or omission whitethorn however non necessarily ca engagement real(a) damage to the grumbleant in order to be follow outable. Certain civil wrongs are unjust even though no damage whitethorn do been suffered by the complainant. 1. Wrongful act. The act complained of should, under the circumstances be legally wrongful as regards the set forthy complaining, i. e. it must prejuridicly affect him in well-nigh legal right. This must be an act or an omission. 2. ravish. The bosom of money a holded by chat up to compensate damage is called remedy.Damage room the brea intimacy out or harm caused or presumed to be suffered by a somebody as a result of some(prenominal) wrongful act of a nonher(prenominal). Legal damage is non the same as existent damage. each infringement of the complainants individual(a) right or illegitimate interference with his property gives rise to legal damage. There must be v iolation of a legal right in cases of tort. The real importation of legal damage is illustrated by two maxims namely Injuria sinfulness damno and Damnum sine injuria. Damnum is meant damage in the tangible sense of money, bolshie of comfort, service, health or the like.By injuria is meant a tortuous act. Injuria sine damno. This is the infringement of and right-down private right without whatever actual loss or damage. The phrase just now content Injury without damage. The psyche whose right is infringed has a cause of action e. g. right to property and liberty are unjust per-se i. e. without proof of actual damage. Example Refusal to register a voter was held as an defect per-se even when the favorite displaceidate won the election Damnum sine injuria This is the occasioning of actual and substantial loss without infringement of any right.The phrase simply nitty-gritty Damage without defacement. No action lies. Mere loss of money or moneys sacred does not constitute a tort. There are many acts, which though harmful are not wrongful, and give no right of action. i. e. damage without speck. 3. Remedy. The essential remedy for a tort is action for insurance, and at that place are other remedies in addition e. g. injunction, specific performance, restitution etc. Further, regaining claimable in tort action are unliquidated damages. The law of tort is state to be a founded of the maxim- Ubi jus ibi remedium i. e. thither is no wrong without a remedy. different elements of tort In re probable cases, the following whitethorn form break open of requirements for a wrong to be tortuous. 1. Voluntary and involuntary acts acts and omissions may be voluntary or involuntary. An involuntary act does not give rise to financial obligation in tort. 2. Mental elements Plaintiff may be indispensable to show some fracture on the part of the suspect. Fault here direction failure to live up to some ideal bar of conduct set by law. To determine blame, the following may be excavated- a) Malice In the popular sense, malice factor ill-will or spite.In Law, it means i) endal doing of a wrongful act and, ii) unbecoming motive. b) Intention i. e. where a psyche does a wrongful act learned the possible consequences likely to arise, he is said to have intended that act, and is hence at breakage. c) Recklessness i. e. where a soul does an act without caring what its consequences readiness be, he is at fault. d) Negligence i. e. where the circumstances are such that a mortal ought to have foreseen consequences of his act and avoided it altogether, he would be at fault if he bothers not.e) Motive Motive is the ulterior objective or subroutine of doing an act and differs from intention. 3. Malfeasance, misfeasance and non-feasance Malfeasance? nominates to the commission of a wrongful act which is actionable per-se and do not require proof of intention or motive. Misfeasance? is applicable to unseemly performance of some lawfu l act, for example, where thither is inadvertence. ?Non-feasance? refers to the omission to perform some act where in that respect is an obligation to perform it. Non-feasance of a gratuitous officiateing class does not impose liability, but misfeasance does. Distinctions between Contract and Tort.1. In a bowdlerize the parties fix the duties themselves whereas in tort, the law fixes the duties. 2. A lead stipulates that whole the parties to the contract give the sack sue and be sued on it (privity of contract) while in tort, privity is not needed in order to sue or be sued. 3. In the case of contract, the duty is owed to a definite soulfulness(s) while in tort, the duty is owed to the community at large i. e. duty in- rem. 4. In contract remedy may be in the form of liquidated or unliquidated damages whereas in tort, remedies are always unliquidated. Distinctions between Tort and Crime 1.In tort, the action is brought in the court by the wound fellowship to defend compe nsation whereas in disgust, proceedings are conducted by the state. 2. The aim of litigation in torts is to compensate the injured companionship while in plague the offender is punished by the state in the pastime of the society. 3. A tort is an infringement of the civil rights belonging to individuals while a shame is a appal of public rights and duties, which affect the whole community. 4. Parties involved in criminal cases are the Prosecution verses the Accused soul while in Torts, the parties are the Plaintiff versus the Defendant.GENERAL DEFENSES IN TORT Generally, a complainant has to prove his case in a court of law and if he does so success adepty, design is passed against the suspect. The suspect on the other hand may defend the case against himself successfully, thus making the complainants action fail. There are some widely distributed abnegations which may be taken to tortuous liability. 1. Volenti Non fit Injuria The general rule is that a somebody cannot c omplain for harm through to him if he consented to run the risk of it.For example a boxer, foot baler, cricketer, etc.cannot seek remedy where they are injured while in the game to which they consented to be involved. Where a defendant pleads this defence rack, he is in imprint dictum that the plaintiff consented to the act, which he is now complaining of. It must be proved that the plaintiff was aware of the nature and extent of the risk involved. There are however some limitations to the application of the maxim of volenti non fit injuria -First, no unlawful act can be legalized by consent, leave or license. -Secondly, the maxim has no validity against an action based on bust of statutory duty.-Thirdly, the maxim does not apply in rescue cases such as where the plaintiff has, under an exigency caused by the defendants wrongful misconduct, consciously and deliberately faced a risk, even of death to rescue another from imminent danger of individualal injury or death, whether the soulfulness endangered is one to whom he owes a duty of protective c everyplaceing as in a member of his family, or is a mere stranger to whom he owes no such special duty. -Fourthly, the maxim does not apply to cases of negligence.-Lastly, this maxim does not apply where the act of the plaintiff relied upon to take a shit the abnegation under the maxims the very act which the defendant was under a duty to prevent. 2. Inevitable Accident. This means an solidus, which cannot be prevented by the exercise of general contend, caution or skill of an ordinary man. It occurs where there is no negligence on the part of the defendant because the law of torts is based on the fault principle an injury arising out of an inevitable stroking is not actionable in tort. 3. Vis Major (ACT OF GOD).This is also an inevitable accident caused by indwelling furiousnesss unconnected with human beings e. g. earthquake, floods, thunderstorm, etc. 4. Necessity Where intentional damage is done so as to prevent greater damage, the defense of necessity can be raised. Sometimes a person may find himself in a position whereby he is forced to interfere with rights of another person so as to prevent harm to himself or his property. The general rule is that a person should not unduly interfere with the person or property of another. It is only in exceptional cases of imminent danger that the defense of necessity maybe upheld.It is based on the principle that the welfare of the state is the supreme law. Whether the defense of necessity would extend to inflicting injuries to the person is debatable. 5. Self defending team Everyone has a right to defend his person, property and family from unlawful harm. A person who is attacked does not owe his attacker a duty to execute. Everyone whose life is threaten is empower to defend himself and may use force in doing so. The force used must be reasonable and proportionate to that of the attacker. Normally, no oral provocation can justi fy a blow.An occupant of property may defend it where his right or interest therein is wrongfully interfered with. barely, in protecting ones property, he cannot do an act which is harmful to his neighbour neither can he adopt a operate which may have defect of diverting the mischief from his own demean to the commonwealth of another person which would otherwise have been protected. 6. Mistake The general rule is that a mistake is no defense in tort, be it a mistake of law or of fact. Mistake of fact, however, maybe relevant as a defense to any tort in some exceptional circumstances e. g.malicious prosecution, infatuated imprisonment and deceit.Thus where a patrol officeholder arrests a person about to commit a crime but the person arrested turns out to be innocent the police force officer is not liable. Mistake however, cannot be a defense in actions for defamation. 7. statutory Authority When the commission of what would otherwise be a tort, is authorized by a statute the injured person is remediless, unless so far as the legislature has thought it proper to provide compensation to him. The statutory role extends not merely to the act authorized by the statute but to all inevitable consequences of that act.But the powers conferred by the legislature should be exercised with judgment and caution so that no un necessity damage is done, the person must do so in good faith and must not exceed the powers granted by the statute otherwise he will be liable. 8. Novus Actus Interveniens. This is when a chain of events results from a tort so that the loss suffered is not within the cathode-ray oscilloscope of those that would naturally occur from the first tort. To refer to a novus actus interveniens is in fact merely another way of saying that the loss was not fairly foreseeable. This however, does not become an excuse if a).An act done in the agony of the moment created by the defendants tort. E. g. If you threw a lighten pyrotechnic into a crowded ma rket place. Several people threw the firework from their vicinity until it explodes on another? s face. b). Where the intervening act is a rescue. 9. 9 Contributory negligence The defendant may rely upon this defense if the plaintiff is also to blame for his suffering. The defendant must prove that The plaintiff exposed himself to the risk by his act or omission. The plaintiff was at fault or negligent. The plaintiffs negligence or fault contributed to his suffering.This defense does not absolve the defendant from liability. It merely apportions compensation of damages between the parties who contributed to the loss. This defense is not available if the plaintiff is a peasant of tender age. TRESPASS infraction as a wrong has a very wide application. It could mean unlawful presence in anothers closure or write down or premises, offence to the ashes of a person or even mean wrongful fetching of goods or chattels. To constitute the wrong of trespass, neither force nor unlawful intention not actual damage nor breaking of an enclosure is necessary.Every aggression of private property, be it ever so minor is a trespass. pry may take any of the following three forms a) irrupt to defeat. b) go against to person, and c) Trespass to goods. TRESPASS TO LAND Trespass to prop up may be committed by any of the following acts a) Entering upon the land or property of the plaintiff b) Continuing to remain in such land or property on expiry of license i. e. Permission to be in it. c) Doing an act affecting the sole self-denial of the plaintiff, in each case without justification. d) By throwing objects into anothers land.e) By using the right of entrance for purposes other than for which it was allowed. Generally, trespass to land is a civil wrong. However it may give rise to criminal proceeding It is important to account that trespass to land is actionable per se, that is, without proof of special damage. In other words, it is not a defense that no damage has been caused by the trespass. Remedies for Trespass to land. 1. Defense of property He may have to use force till he gets ownership but not unnecessary amount of force of violence. This is called remedy of ejection. 2.Expulsion of trespasser especially in case of continued trespass. 3. Distress damage feasant He may seize and take for them impounded as a pledge for the redress of the injury sustained. 4. Damages This means retrieval of monetary compensation from the defendant. 5. Injunction This may be obtained to ward off a threatened trespass or to prevent a continuing trespass. 6. Action for recovery of Land In case the plaintiff is wrongfully dispossessed of his land he can sue for the recovery of the land from the defendant. Defenses against Trespass on land. i.Statutory authority Where the law allows entry upon land. ii. Entry by license Where entry is authorized by land owner, unless authority is abused. iii. Adverse possession Where land has been peacefully possessed for ov er 12 years without disturbance. iv. Act of Necessity Example is entry to put off fire for public safety is justifiable. v. By order of court of law This may be in execution of court order e. g. by court brokers. vi. Self-defense a trespasser may be excused as having been done in self-defense or in the defense of a persons goods, chattels or animals. vii.Re-entry on land A person wrongfully dispossessed of land may re-take possession of it if it? s possible for him to do so peacefully and without the use of force. In this case, he will not be liable for trespass to land. viii. Re-taking of goods and chattels if person unlawfully takes the goods and chattels of another upon his own land, he impliedly licenses the owner of the goods to enter his land for the purpose of recaption. TRESPASS TO PERSON Any direct interference with the person (body) of another is actionable in the absence of any lawful justification.Trespass to person includes assault, battery and false imprisonment. Assau lt Assault means conduct or threat to apply violence on the person of the plaintiff in circumstances that may create apprehension that the latter is in real danger. It is committed when a person threatens to use force against the person of another thus putting the other person in idolize of immediate danger. Examples Shaking of fist, pointing of a gun menacingly at another, allow go a dog fiercely etc. It is important to annotation that not every threat amounts to assault. There must be the means of carrying out the threat and the capacity to effect the threat.The person threatened must be put in fear of immediate danger. An assault is a tort as well as a crime. The intention as well as the act makes assault. Mere words do not amount to assault unless it gives the user? s gesture such a meaning as may amount to assault. Battery Battery means the actual application (use) of force against the person of another without lawful justification. It is incorporeal whether the force is app lied directly or indirectly to the person. But there must be actual bodily contact between the plaintiff and the defendant.Examples striking of another person or touching another person in a rude manner, pouring water on or spitting on another person. Assault and battery is actionable per-se (damage does not have to be proved). False Imprisonment False imprisonment means total restraint or deprivation of the liberty of a person without lawful justification. The duration of the time of detention is immaterial. False imprisonment may be committed even without the plaintiffs knowledge e. g. by locking him up in his bedroom while he is hypnoid and then reopening the door before he has awoken.In such a case the plaintiff may still sue. It is not however necessary that the persons body should be touched. A person is not only liable for false imprisonment when he directly arrests or detains the plaintiff, but also when he actively promotes or causes the arrest or detention of the person. Defenses to assault battery & false imprisonment a). Volenti non-fit injuria A person who has voluntarily consented to come into actual bodily contact with another e. g. in sports, etc cannot later complain against another person who touches him in the dividing line of playing the game.b). Private defense A person is within his legal rights to defense himself, his property or his family. But he must use reasonable force in doing so. c). Legal authority A police officer has statutory authority to arrest a person in the preservation of public peace. Here reasonable force may be used to effect such arrest. d). Forceful entry The rightful owner of property is entitled to use reasonable force to prevent pungent entry on his land or to repossess his land or goods, which are wrongfully in the possession of another. e).Parental authority slew such as parents, teachers, etc can inflict reasonable punishment for the subject and make of the children. Thus a parent exercising parental authority can chastise or even lock-up a child reasonably without being guilty of assault, battery or false imprisonment , nor would a school-teacher. TRESPASS TO GOODS A person can sue for trespass to goods where there is wrongful interference with goods, which are in his possession. Such interference includes wrongful conversion, actual taking of or a direct and immediate injury to the goods.The tort of trespass to goods is meant to protect personal property. To constitute the tort of trespass to goods, the plaintiff must show 1. That at the time of trespass, he had the possession of the goods. 2. That his possession had been wrongfully interfered with or disturbed. Trespass to goods are of three categories namely 1. Trespass to chattels. 2. Goods Detenue and 3. Conversion. Trespass to Chattels It means interference with goods, which are in the actual or constructive possession of the plaintiff. It may involve Removal of goods from one place to another, Using the goods or Dest roying or damaging the goods wrongfully. For an action to be sustainable The trespass must be direct. The plaintiff must be in possession of the chattel at the time of the interference. The tort is actionable per-se. Detenue This means wrongful withholding or detention of goods from the person entitled to their immediate possession. For example If A lends his book to Band B refuses, to return it to A, A is said to have committed the tort of Detenue. Conversion This means dealing with goods in a manner that is inconsistent with the right of the person in possession of them.This tort protects a persons interest in dominion and control of goods. The plaintiff must be in possession or have the right to immediate possession. For example If A intentionally sells Bs goods to C without any authority from B, A is guilty of conversion. Acts of conversion may be committed when property is wrongfully taken, parted with, sold, retained, destroyed or the lawful owners right is denied. Defenses to trespass to goods. Limited defenses are available to a defendant against a wrong to goods.The defendant, however, can claim the right of lien. He may also claim other general defenses like statutory or judicial authority. Remedies to trespass to goods. i. Recaption The plaintiff can recapture his goods that have been wrongfully taken away from him provided he uses reasonable force. ii. Order for specific restitution The court may also order for specific restitution of the goods where damages is not adequate a remedy. iii. Damages The plaintiff is entitled to claim the full value of the goods and damages for any inconvenience suffered by him.OCCUPIERS LIABILITY At common law, an occupier owns a common duty of care to his invites or invitee while within their premises and is generally liable for any injury to them or damage to their goods by reason of condition to their premises. The law relating to occupiers liability in Kenya is contained in the Occupiers Liability Act Cap 34 la ws of Kenya. The object of the Act was to amend the law relating to liability of occupiers and to others for injury or damages resulting persons or goods lawfully on any land or other property.Under the Act, an occupier owes a common duty of care to all invitees and their goods. However the common duty of care may be modified or re stringented by agreement. The occupier is not liable where the accident occurs through the defective work of an independent contractor provided he can establish that the contractor was efficient as far as he was able and that he had inspected the work done. Defenses An occupier may escape liability if the injury or damage is occasioned by danger of which the occupier had warned the invitee.The occupier may escape liability in respect of any damages caused to the invitee if occasioned by the fault of an independent contractor. The common duty of care does not impose on an occupier any obligation in respect of risks willingly accepted by the invitee. The oc cupier owes no common duty of care to trespassers and is not liable for any injury or damage they may suffer while in his premises. indifference Negligence means the breach of a duty caused by the omission to do some social occasion, which a reasonable man would do, or doing of some amour, which a prudential and reasonable man would not do.Negligence consist of neglect to use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect, the person has suffered injury to his person or property. The plaintiff suing under tort of negligence must prove that 1. The defendant owed him a duty of care, The circumstances must be such that the defendant knew or reasonably ought to have known that acting negligently would injure the plaintiff. A road user owes other users a legal duty of care.An inviter owes his invitees a legal duty of care. A manufacturing business of products owes a legal duty of care to consumers. As a general rule, every person owes his neighbor a legal duty of care. The metre of care expected of the defendant is that of a reasonable man. This is a man of ordinary prudence. A reasonable person is an objective stand created by law for all circumstances. Where professionals or experts are involved, the standard of care is that of a reasonably competent expert in that field.There are some circumstances however where not even a reasonable person could have foreseen the plaintiff suffering any loss, in which case, there is no liability upon the person who has committed the injurious act. 2. There has been a breach of that legal duty of care. The plaintiff has to prove that there was a duty imposed by common law, statute or otherwise, upon the defendant and that the defendant was in breach of this duty. However, at certain times, negligence is presumed without proof of breach of duty by the plaintiff. This is in the case of res-ipsa loquitor.RES IPSA LOQUITOR As a general rule, t he burden of proving negligence lies with the plaintiff. He must prove that the defendant owed him a duty of care, that the defendant has breached that duty and that he has suffered damage. However, in certain cases, the plaintiffs burden of proof is relieved by the ism of res ipsa loquitor. Where it is applicable Res ipsa Loquitor means that thing or facts speaks for themselves.This for example, occurs where an accident leads in circumstances in which it ought not to have occurred e. g.a car locomotion on a straight road in clear hold and good visibility suddenly swerves off the road and overturns, where a drum of flour suddenly drops from a warehouse, etc. Such an accident ought not to have occurred except for the negligence of the defendant. Res ipsa loquitor is a rule of endorse and not of law. It merely assists the plaintiff in proving negligence against the defendant. Before it can be relied upon, three conditions must be satisfied, namely a) The thing inflicting the inju ry must have been under the control of the defendant or someone whom he controls.b) The event must be such that it could not have happened without negligence and c) There must be no evidence or explanation as to why or how the event occurred, as the accident is such as in the ordinary line of descent of things does not happen if those who have the duty use proper care. 3. Damage For the plaintiff to survey in claim of Negligence, he must prove that he suffered harm, loss or prejudice, unless this is presumed as in the case of Injuria sine damnum. No damage, no negligence. Defenses to Negligence 1.Contributory negligence This defense is available to the defendant in circumstances in which the plaintiff is also to blame for his suffering. The effect of this defense is to reduce the amount recoverable by the plaintiff as damages by the extent of his contribution. Liability is apportioned between the parties. 2. Volenti non fit injuria This is the article of belief of voluntary assum ption of risk. 3. Statutory authority The defendant must prove in this defense that he acted in accordance with the provisions of the Act. vicarious LIABILITY Vicarious liability means the liability of one person for the torts committed by another person.The general rule is that every person is liable for his own wrongful act. However, in certain cases a person may be make liable for wrongful acts committed by another person. For example An employer may be held liable for the tort of his employees. Similarly, a chieftain is liable for any tort, which the consideration commits in the course of his employment. The reason for this rule of common law is that As the master has the benefit of his handmaids service he should also accept liabilities. The master should be held liable as he creates circumstances that give rise to liability.The handmaiden was at mere control and discretion of the master. Since the master engages the retainer, he ought to be held liable when gagging a wrong person. The master is financially better placed than the servant. It must be proved that a person was acting as a servant and that the said tort was committed in the course of his employment before a master can be sued for a tort committed by his servant. MASTER AND SERVANT A servant means a person employed under a contract of service and acts on the orders of his master. The master therefore controls the manner in which his work is done.The concept of vicarious liability is based on the principle of rightfulness that employee is normally people of meager resources and it is therefore only fair that the injured person is allowed to recover damages from the employers. Therefore a master is liable for the torts committed by his servant. To prove liability under master-servant relationship the servant must have acted in the course of his employment A master is liable whether the act in a question was approved by him or not. It is immaterial that the alleged act was not done for the b enefit of the master.But the master is not liable for torts committed beyond the scope of employment. INDEPENDENT CONTRACTOR An independent contract means a person who undertakes to produce a given result without being controlled on how he achieves that result. These are called contract for service. Because the employer has no direct control of him, he (the employer) is not liable for his wrongful acts. a) However, there are certain cases (exception) under which the employer may still be liable. These are a). Where the employer retains his control over the contractor and in person interferes and makes himself a party to the act, which causes the damage.b) b). Where the thing contracted is in itself a tort. c) c). Where the thing contracted to be done is likely to do damage to other peoples property or cause nuisance. d) d). Where there is strict liability without proof of negligence STRICT LIABILITY Strict liability means liability without proof of any fault on the part of the wron gdoer. Once the plaintiff is proved to have suffered damage from the defendants wrongful conduct, the defendant is liable whether there was fault on his part or not. Strict liability must be distinguished from absolute liability.Where there is absolute liability, the wrong is actionable without proof of fault on the part of the wrong-doer and in addition, there is no defense whatsoever to the action. Where there is strict liability, the wrong is actionable without proof of fault but some defenses may also be available. Defenses i. Acts of God Act of God is a good defense to an action brought under the rule. ii. Plaintiffs Fault If the escape of the thing is due to the fault of the plaintiff, the defendant is not liable. This is because the plaintiff has himself brought about his own suffering.iii. Plaintiffs consent or benefit That the accumulation or bringing of the thing was by consent of the plaintiff. iv. Statutory authority That the thing was brought into the land by requiremen t of an Act of parliament. v. Contributory negligence if the plaintiff was also to blame for the escape. vi. Wrongful act of third party the defendant may take the defence of the wrongful acts of a third party though he may still be held liable in negligence if he failed to foresee and guard against the consequences to his works of that third partys act.DEFAMATION Defamation means the publication of a false line of reasoning regarding another person without lawful justification, which tends to lower his story in the estimation of right thinking members of society or which causes him to be shunned or avoided or has a tendency to injure him in his office, professions or trade. It has also been defined as the publication of a statement that tends to injure the reputation of another by exposing him to hatred, contempt or ridicule.Following are the essential elements of defamation i. False statement The defendant must have made a false statement. If the statement is true, its not defa mation. ii. Defamatory statement The statement must be defamatory. A statement is said to be defamatory when it expose the plaintiff to hatred, contempt, ridicule or shunning or injures him in his profession or trade among the people known to him. iii. logical argument refers the plaintiff The defamatory statement must refer to the plaintiff.

Classical and Operant Conditioning

unequivocal and Operant Conditioning Classical condition is a basic form of learning in which one excitant comes to coiffure as a signal for the extendrence of a second arousal. Du call up unblemished condition, beings acquire information about the relations surrounded by various stimuli, non simple associations between them. (Psychology, pg. 170). In classical condition a stimulus, or a physical event capable of affecting behavior, that initially doesnt elicit a take aparticular answer can obtain the competency to elicit that response as a result of repeated sum with a stimulus that can elicit a response.Classical conditioning became part of a c arful study in the early twentieth century, when the Russian psychologist Ivan Pavlov identified it as an important behavioral bear upon. Pavlov started out his research instruction on the emergence of digestion in dogs. Along his research he sight that the dogs from his studies often began to dribble when they saw or smell ed regimen but in advance they even tasted it. Some of the dogs even salivated at sight of the pan where the fargon was kept, or at the sight of the person who usually brings the food. Pavlov said that the stimuli had in some manner became signals for the food itself.The dogs had learned that when the signals were present, food would soon follow. Pavlov quickly recognized the potence importance of his observation and started shifting his research. His experiment started out with a nonsubjective stimulus, or a stimulus that has no previous effect of salivation such as the chime. He rang the toll indeed immediately followed it by a second stimulus retire to produce salivation, such as a dried shopping center pulverize that was placed directly in the dogs mouth. The fondness powder is considered to be the unconditioned stimulus or UCS, because the ability to salivate was automatic and not learned.On the flipside the salivation of the dog to the ve stupefyable marrow powd er is the unconditioned response or UCR. The bell now is termed the conditioned stimulus or CS because the ability for it to elicit saliva from the dog is dependent on cosmos paired with the meat powder. Salvation in response to just the bell is called the conditioned response or CR. He found that if you ring the bell then give the god the meat powder soon or later the dog allow start to salivate just to the ring of the bell without the meat powder even present.Extinction is the serve well in which you bear the ability to evoke conditioned response when it no longer is followed by a unconditioned stimulus. In the case of Pavlovs dogs, extinction could occur if Pavlov kept plangency the bell and not following it up with the meat powder. This means the dog no longer salivates in response to the bell. If Pavlov keeps ringing the bell some fourth dimensions the dog might remember about the meat powder and salivate even though no meat powder is present. This is called reconditioning .This means the rapid rec everyplacey of a conditioned response (CR) to a conditioned stimulus (CS)- unconditioned stimulus (UCS) pairing. Lets enounce Pavlov stops flirting with the dogs for several weeks because he is working on otherwise research, then utterly goes back to the dogs and rings the bell, the dogs should in theory then salivate due to a process called spontaneous recovery. This is the reappearance of a wounded conditioned response (CR) to a conditioned stimulus (CS) subsequently an interval of time following extinction.If Pavlov was cooking something and the timer goes polish off devising a ringing sound, the dogs most likely would salivate because of a process called stimulus generalization, or the tendency of stimuli similar to a conditioned stimulus (CS) to evoke conditioned responses (CR). Through the process of stimulus discrimination, or the process by which organisms learn to respond to certain stimuli but not to others, the dogs will salivate to the r ing of a bell but if the door bell rand they would not salivate because they discriminate and can tell the difference between the bell and the door bell.Psychology. about. com says that classical conditioning is used in daily life by many dog trainers helping to train pecks pets. Some techniques are also helpful in the word of many phobias or anxiety problems. Teachers can apply classical conditioning in the classroom by creating a haughty classroom milieu to help students overcome anxiety or fear especially with classroom speeches. It helps to get the student relaxed instead of anxious. Operant conditioning is a process through which organisms learn to repeat behaviors that brook absolute outcomes.In operant conditioning it is illogical down into livings and punishments. In the reward part there are two reinforcers, positive and prejudicious. A positive reinforcement is a stimulus that strengthens responses, and a controvert reinforcement is a stimulus that strengthens responses that permit the organism to avoid or escape from their presence. An precedent of a positive reinforcement is when I brought home my report card in 6th marking and there were all As my mom and dad gave me 5 dollars for every A.The target behavior for that use would be the get As and the positive reinforcement would be my parents giving me 5 dollars an A. An exemplar of a negative reinforcement would be on a shivery and dark morning your all snug and impassioned under your covers, and suddenly your alarm clack goes off across the room. Getting out of the warm bed is the last thing you want to do but the illegitimate enterprise is intolerable. The target behavior is turning off the alarm, and the negative reinforcement is getting out of the warm bed in order to turn off the annoying alarm clock.The punishment section of operant conditioning is broken in half just about the same way. There is negative and positive punishment. In negative punishment, the rate if a behav ior is weakened or decreased because the behavior is linked to the loss of potential reinforcements. An example of a negative punishment is in a kindergarten class a young boy lashes out and hits the teacher in the stomach with a pencil as he throws it. The teacher sentences him to 10 minutes in the time out corner. The target behavior is the lashing out and throwing the pencil.The negative punishment is the 10 minutes of isolation in the corner. In positive punishment, stimuli weaken responses that precede them. For example you are driving home from work at an excessive speed, nigh 25 mile per hour over the speed limit. As you go over the little hill you sympathise a state trooper parked on the side of the street with his radar gun pointed right at you. The next thing you know is the flashing lights are right behind you and pulling you over. You get a pretty hefty ticket for your speeding. After you pay your fine you evermore obey the speed limit signs.The target behavior in th is example is the speeding and the positive punishment is the speeding ticket you receive for speeding. B. F. muleteer is known as the father of operant conditioning. He invented a knock called the Skinner box where a rat is trapped inside with a lever. Every time the rat presses the lever it receives a food gibe. establishment might have to be used in order to get the rat to press the lever. Shaping is a technique in which approximate and closer approximations to desired behavior are required for the delivery of positive reinforcement.Basically this means Skinner might have had to shock the rats feet when the rat started going the wrong way. That way it will remember to not go that way. When it finally presses the lever the food pellet drops and it works as a positive reinforcement because if the rat got a food pellet from pressing the lever maybe he will do in again and remember that whenever you press the lever you get rewarded with a food pellet. There are many different e ntrys of reinforcement you can follow. A schedule of reinforcement is rules determining when and how reinforcements will be delivered.A continuous reinforcement schedule is a schedule in which every occurrence of a particular behavior is reinforced. A fixed interval schedule is a schedule of reinforcement in which a specific interval of time must elapse before a response will yield reinforcement. There is also variable-interval schedule which is a schedule in which a variable amount of time must elapse before a response will yield reinforcement. A fixed ratio schedule occurs only after a fixed number of responses have been emitted.Variable-ratio schedules are delivered after a variable number of responses have been performed. The last is a concurrent schedule of reinforcement. It is situations in which two or more behaviors each have its own reinforcement schedule and are simultaneously available. working Cited * Baron, Robert A. Psychology (With Mind Matters CD-ROM). Danbury Allyn & Bacon, Incorporated, 2000. * Classical Conditioning Introduction to Classical Conditioning. Psychology Student Resources Psychology Articles. 06 Jan. 2009 <http//Psychology. about. com/od/behavioralpsychology/a/classcond. tm>. * Plotnik, Rod, Haig Kouyoumdjian, Dennis Coon, and throne O. Mitterer. Introduction to Psychology 1505. Cincinnati State Technical & Community College. Mason, Ohio Cengage Learning, 2008. * Skinner, Burrhus F. About Behaviorism. New York Alfred A. Knopf, Inc. , 1974. * Staddon, John. The New Behaviorism Mind, Mechanism and Society. New York Psychology P, 2000. * Wade, carole, and Carol Tavris. Psychology. New York Addison-Wesley Longman, Limited, 1996. * Watson, John B. Behaviorism. New York The Peoples Institute Company, Inc. , 1924.

Hamer V Sidway

Case Brief I Hamer v Sidway Without a complete and detailed background, Hamer v Sidway involved an uncle promising his nephew a clod sum of money if the nephew could refrain from drinking alcohol, smoking, swearing, and gambling until his 21st birthday. The nephew set up his end of the promise, and the uncle acknowledged that the nephew had right amply earned the money but asked if he could hold the money in the bank until the nephew was responsible enough to vexation for it.The uncle died however, and Hamer, the party with efficacious claim to the money was denied retribution by the executor of the will, Sidway. Sidway argued that the $5000 was without experimental condition because the nephew had benefited from the actions he undertook to receive the award. There were two specific legal questions that were brought originally the court. One being whether or not the nephew and uncle officially and legally agree upon this promise, and the second being the cautious examination of the definition of consideration in regards to a contract.Under investigation the court did find that the contract was binding on a certain date between the two related parties. The findings in relevance to consideration are explained below in correlation with the ruling. primarily Hamer, the plaintiff, recovered at trial, but the judgment was reversed upon appeal by Sidway. When Hamer appealed to the Court of Appeals of New York, he, the plaintiff, eventually won the suit after careful review. The courts reasoning for the decision was based upon the examination of consideration.Sidway had denied payment on the account that the nephew had benefited from the actions taken, regardless of his uncles proposal, and that the promisor, his uncle, was not benefited in all way. The court however was less concerned with whether the promisee happened to benefit from the proposal, but much concerned with how the nephew had given up his legal rights to drink alcohol, smoke tobacco, swear, and adventure in accordance with the contract.They ruled that, consideration means not so much that one party is profiting as that the other abandons some legal right to the present, or limits his legal freedom of action in the future, as an inducement for the promise of the first. It was confirmed that the nephew did give up these legal rights, and fully performed the conditions imposed. As mentioned above, the court ruled in favor of the plaintiff, Hamer, on behalf of the nephew.

Best practices in project quality management/leadership for information technology Essay

Most people plain accept low select from many cultivation techno entery (IT) products. So what if ones laptop crashes a couple of times a week? retributory ensure there is back up for data. So what if one bungholenot log in to the business intranet or the internet right now? equitable attempt a little later when it is less busy. So what if the in vogue(p) version of word- affecting computing device softw be was shipped with several bugs? One may like the softwargons new features, and all(prenominal) new software has bugs. Is fibre a real problem with information technology confounds?Yes, it is IT is not just a luxury available in some offices, homes, or trains. Firms end-to-end the arena provide employees with access to computers. The majority of people in the US workout the internet, and usage in other(a) countries continues to expand rapidly. It took sole(prenominal) six geezerhood for 60 million people to use the internet compared to 20 old age for 60 million to use cell phones (Kathy, 2008, p. 292). Many issues of individual and or host lives cypher on high- caliber IT products.Food is produced and distributed with the help of computers vehicles arrest computer chips to monitor performance students use computers to aid them learn in school organizations obligate care on technology for many business functions and millions of people depend on technology for entertainment and individual communications (Kathy, 2008). Many IT discovers civilize mission-critical systems that are utilized in life-and-death circumstances. Such as sailing systems on aircraft and computer components built into medical equipment.Financial institutions and their clients also depend on high- flavor information systems. Clients get very upset when systems present unfaithful data or display information to unauthorized people that could return to identity theft. When any of these systems fails, it is much more than a mere worriment (Taguchi, 2004). 1. 1 Defi nitions Before one tush kindle the theatrical role of IT envisions, it is divulge to understand the fundamental concepts of project prize trouble. Indeed, it is hard to define project whole step focal point.According to the international organization for standardization (ISO) whole step can be defined as the totality of features of an organization that bear on its ability to satisfy stated or implied requirements (Kathy, 2008). It can also be defined as the extent to which a set of inherent features fulfils call for (ISO9000). Other professionals define attribute based on adherence to unavoidably and fitness for use. Adherence to needs means projects products and wait ones agree laid down specifications. Fitness for use implies a product can be used as it was intended.The purpose of project step watchfulness is to break sure that the project testament put through the requirements for which it was under sproutn. Project management involves among others things co llision or surpassing stakeholder requirements and anticipations. The project mathematical group must inculcate good familys with core stakeholders, especially the primary client for the project, to comprehend what prize implies to them. Many technical projects fail because the project management group aims only at meeting the written requirements for the project (Juran and Frank, 2002).Quality, therefore, must be on an equal basis with project scope, cost, and time. If the projects stakeholders are displease with the look of the project management or the end products of the project, the management group will require adjusting time, cost, and scope to fulfill stakeholder needs. In which case meeting only documented requirements for time, cost, and scope is not sufficient. To attain stakeholder fulfillment, the project group must come up with a good working relationship with all stakeholders and comprehend their implied or stated requirements.Best practices over the years, orga nizations overhear become mesmerized with the term- stovepipe practice-but after continued use, experts began scrutinizing the expression and now better expositions exist. A shell practice starts simply with an idea. Knowing that there is a process, tool, activity, or method that can deliver results effectively than any other method and provides one with the desired results with less barriers and predictable complexities is a welcome.As a result, one apparently ends up with an efficient way of complementary a task by use of a repeatable mental process that has stood the test of time for quite a large number of IT projects (Kathy, 2008). As project type management evolved, so did the meanings of shell practices. Some definitions of outperform practices are complicated while others are somehow simple. Yet, they both(prenominal) mention the same aim of load-bearing(a) project quality management throughout the organization. Firms must decide on the depth and extent of their be st practices. mustiness it be at high take and generic or at a low level and little? A generic best practice may not attain the desired efficiencies whereas a detailed one may not have unlimited applicability. Basically, any plastered can decide to have own definition of best practices and there might even be company quality requirements on the definition of such(prenominal) best practices. For example, a best practice can be defined as something that works, works well, works well on a repetitive basis, leads to a competitive advantage, can be identified in quest to improve business, and prevents the firm from problems.1. 2 Principles Generally, there are 3 basic principles/processes of project quality management 1. 2. 1 Planning quality Planning for quality involves identifying which quality standards are relevant to the project and how to fulfill those standards. Integrating quality standards into project design is a core theatrical role of quality planning. For an IT project , quality standards take enabling system growth, planning a considerable response time, or making sure that the system produces dead on target and consistent information.The core outputs of quality planning are a quality management plan, quality metrics, quality checklists, a process approach plan, and project document updates. 1. 2. 2 Performing quality assurance Performing quality assurance implicates periodical evaluation of the whole project performance to make sure that the project will meet the desired quality standards. The process involves assuming roles of quality in the entire project life cycle. senior(a) management must take the lead in emphasizing the roles all employees play in quality assurance.The core outputs of this process are organizational process asset, project management, project document, and change requests updates (Kathy, 2008). 1. 2. 3 Performing quality operate on Performing quality hold in involves monitoring specific project results to make sur e that they adhere to the desired quality requirements while identifying methods to enhance ultimate quality. This process is mostly linked to the technical techniques and tools of quality management, such as quality control charts, statistical sampling, and Pareto charts.The main outputs of quality control embarrass quality control measurements, validated deliverables, change requests, validated changes, organizational process asset updates, project management plan, and project document updates (Kathy, 2008). This look seeks to Incorporate the best practices in project quality management with quality attractionship/ team work within a quality centre company, Evaluate the significance of project quality management for IT products and services, Understand the techniques and tools for quality control, and Describe how leadership model relate to enhancing quality in information technology projects. 2. 0 Re look of Literature In his book on quality control, Juran (2002) stressed the significance of top management commitment to unceasing product quality improvement. In 2000, Juran published the fifth edition of his noted book. In both texts, Juran demoteed and built upon a trilogy involving quality improvement, quality control, and quality planning. Juran emphasised the expiration between the manufacturers view of quality and the clients view.He observed that manufacturers focused on adherence to requirements, but clients focused on fitness for use. In this book, Juran create 10 stages to quality improvement. These include building awareness of the need and chance for improvement, set goals for improvements, organize to filter the goals, provide training, carry out projects to solve problems, report progress, give recognition, take results, keep ratings, and maintain momentum by establishing yearly improvement lay out of the regular systems and processes of the economy.Crosby (1979) wrote Quality Is Free and is best known for suggesting that firms s truggle for range in imperfections. He stressed that the costs of low quality must include all costs of not doing the work right the first time, such as rework, scrap, wasted man hours and machine hours, customer ill will and wasted sales, and warranty costs. Crosby proposed that the cost of low quality is so embezzle that firms can profitably spend unlimited amounts of money on enhancing quality. same Juran, Crosby developed 14 stages for quality improvement these include making it understand that management is committed to quality, organizing quality control teams with representatives from each section, establishing where current and potence quality problems lie, evaluating the cost of quality and explaining its use as a management tool, raising the quality awareness and personal concern of all employees, take actions to correct problems identified through previous steps, establishing a committee for the nix defects program, training supervisors to actively carry out their pa rt of the quality improvement program, holding a-zero defects day-to allow all employees realize that there has been a change, encouraging individuals to establish improvement goals for themselves and their teams, encouraging employees to communicate to management the barriers they face in achieving their improvement goals, reorganizing and appreciating those who participate, establishing quality councils to communicate on a regular basis, and reworking to emphasize that the quality improvement program never ends. Crosby (1979) initiated the Quality Management move Maturity Grid. Such a grid can be employ to a firms attitude toward product usability.For instance, the initial level in the grid is ignorance, where employees might think they do not have any difficulties with usability. The last level is wisdom, where employees have changed their attitude so that usability defect prevention is a routine part of their activities. Ishikawa (1976) developed the concept of quality circles and pioneered the utilization of cause-and-effect graphics. Ishikawa made notable contributions to quality management, the most important macrocosm Ishikawas total quality perspective, organization quality control and emphasizes to military personnel based quality, the quality diagram, and the creation and use of his 7 basic quality tools.The tools are Pareto analysis, stratification, cause and effect diagrams, check sheets, scatter charts, histograms, and process control charts. Ishikawa believed these 7 tools must be known in depth, if not by all, in a firm and used to evaluate problems and create enhancements. utilize effectively the tools form a powerful quality kit. Genichi (1998) believed it is good to develop product that is stout and or insensitive to manufacturing process variation, rather than attempt to control all variations during manufacturing. To practice this idea, he embarked on the already developed knowledge on design and made it more pragmatical and useable for quality experts.Genichis idea was mainly about the routine maximation of process and product prior to actual processing rather than quality control through inspection. Reliability and quality are ensured at the aim stage. Genichi went on to break off-line quality into 3 core levels. These levels include system design, tolerance design, and parameter design. Foster (2004) identified leadership as being core to the quality improvement process, assuming minimal difference between management and leadership. The role is of a facilitator, and the foundation is-managing by walking, allowing the leader to be in touch with clients, people, and innovation, the three primary sections in the trip of excellence.Foster believes that, as the leader walks, three main operations are occurring listening, facilitating, and listening suggesting caring, able to provide instant help, and transmission of values respectively. Foster, having canvass key American firms concluded that any smart conce pt to organizing had to take into account 7 variables, a framework that was designed to include both the software and hardware of a firm. 3. 0 Findings 3. 1 Best practices both organization has its own point of view of best practices. But slackly there seem to be four basic reasons for embracing best practices. The four are Improving efficiency, Standardization, Improving effectiveness, and ConsistencyIn whatever definition, the company must identify which of the four, or combination therein, the firm targets. The piece focused on best practices as practiced at chromatic Soft-Link Ltd, an IT company based in Switzerland (Crosby, 1979). A best practice is an recognize based, published, and proven way to achieve company objectives. The company has detailed best practices in its procedures/policies and work flows. There are templates and guidelines as well as procedures that the company embraced. Additionally, when it closed a project, the company conducts a formal lesson lettered section. The session involves the sponsors, core team, project manager, and other stakeholders impacted by the project.The lessons are stored in a common database and reviewed with the whole team. Its best practices depend on lessons learned. The company shares these practices with other IT firms for those vendors for which the company is a reference site. All orange Ltd templates, procedures/policies, and work flow can be accessed when necessary and, by request, the quality leadership team set conferences to give feedback as well as explain in details all practices. Any tool, activity or template used by a quality manager that has had a positive impact on quality delivery, knowledge, and process. For example, performing to satisfy customers is a best practice in this IT Company.This is done by assessing each microscope stage of a project. Generally the company views a best practice as any process or activity that enhances a given quality issue, eliminates the need of o ther more complicated procedures, or significantly improves an exist procedure. Each best practice is a living unit and message to amendments, removal, or review. For Orange Soft-Link ltd, a best practice is any process or method that has been successful in producing the desired outcomes through practical application. This IT Company do not embrace professional or manufacturing standards as a best practice until it has been proven that the process or method works in its corporate environment (Kathy, 2008).

Water Pollution

peeing befoulment is when a body of peeing is adversely alter due to the addition of gigantic add ups of textiles to the peeing. (www. imbgnet. net) T here(predicate) be four flakes of weewee defilements and Im way amaze on to describe separately one of them. Im withal pass to tell you the resolvings that I mountain up with and how Im going to set the political science and quite a little obscure to wait on. It is a lot of liaisons that we dont feed sex astir(predicate) wet pollution and how bad it is for our health. each(prenominal) year, 14 gazillion pounds of sewer, sludge, and garbage be boast-yard into the body of pissing. (www. hinkquest. com) Nineteen trillion g whollyons of wipe out also enter the urine annu altogether toldy and it is a hard affaire to refined up. The first type of wet pollution Im going to give tongue to virtu exclusivelyy is Toxic substance which is a chemical substance pollutant that is non a bathroomcelly oc curring substance. This is what we would call man made material that we dump into the weewee any twenty-four hour period. The second one is Organic substance that occurs when an overmuchness of radical national such as manure or sewage enters the piss outline. This is a natural thing that we as human beingnesss rear end move to watch at a consign in succession. peeing pollution is a point and a non point line of descent pollution in which we argon a big factor of. The point source is the scourge that we stage into the peeing every twenty-four hours and the way we reposition the waste that we use. The non point source is like the sewage we dump and we know that we ar doing it. One of the shipway that we argon putting waste into the irrigate is being on the sheet ships. They ar dumping the sewage, bath water, and the other material into the ocean. It is killing all of the food and making us sick on a day to day nutrition. pee pollution is one of the defeat things that we should ever let give-up the ghost in the world. Most countries cant drink or take baths in the water without boiling it first. The non invigoration things that contribute to the induct of water pollution argon all the things that we as humans win or use. The thing that we use in occasional living is a big part of the pollution chore. The living things that are affected by this are the masses and animals that essential the water to survive. hoi polloi we need the water to do al or so everything that we do when we get up in the morning.We deliver to drink this water, baths with it, and cook with it every day. We should be conscientious just about the thing that we do and how we do it. The much that we pollute the water the more living things testament die and our food supply pull up stakes be switch bump off out. Thermal pollution is the third one Im going to talk about it occurs when water is use as a coolant snuggle a power or industrial plant. The w ater is returned to the milieu at a higher temperature than it was originally. Some plants treat the water onwards it is quitd covering fire into the environment, but they forget to let it cool pour surmount before they release it back.Ecological pollution takes place when chemical pollution, organic pollution, or thermal pollution is cause by natural than by human activity. piddle pollution is increasingly becoming a large problem that humans con confront. Water is the most invaluable resource. comely theorise of how practically humans dep poleent on scant(p) water. Water is more valuable than gilt, can we go a day, week, year without, gold or water? The fact is we drink the water, we use it irrigation for farm fields, cooking, rinse clothes, flushing toilets, and industrial solve requires water to function.The earths surface is cover by 70% water, why fuss of protect water? unless 3% of all water is fresh and drinkable and that 75% is frozen, which leaves a grand hail of 1% of the Earths surface water is readily useable for consumption. Taking the fact into account, one can overhear why the conservation and protection of our remaining water supply is vital. Water pollution can be stopped, sources of the pollution must be known. ascendent is like people, all(prenominal) one is complex as well different. Every part time environmentalist can comport a declaration to any environmental problem ails this planet.That is non to say that they are unceasingly in good order. We as humans play a major part into what goes into the water and how it gets there. We might not generate back that we are doing it, but we are. I hark back that since we realize that we are doing it we can recoup a way to stop it. The first thing that we need to do is get the big wigs to get together in, but before I get into that we are going to talk a pocket-sized more about water pollution. I calculate that we can find a better way to store the waste that some of the plants are using. Conversely, are not always wrong either.The solution is the first part, making the solution a reality is second. Water pollution is a problem most everyone would agree does exist. Individuals can do a lot to friend with the water pollution problems and aid in the water pollution solutions. By buying organic food and green dwelling cleaners and face-to-face care items to resist the run off of chemical into ground water. galore(postnominal) pharmaceuticals are eliminated as possible and stay away from meats and the raising used of hormones and drugs. It is important to properly dispose of any paints and varnishes.To apply water pollution solutions is to use less plastics and plastic products and not to litter. Water pollution solutions are very affordable to put into effect. The Unite disk operating system research Council has estimated that to do initial clean-up of all contaminated groundwater is over 300,000 sites crosswise the United States it le ave alone cost $1 trillion dollars over the rails of thirty years. It would comely out to 33 cents per person per day. To reestablishing wetlands is to act as a weaken zone to runoff and to assist in filtering pollutants.less(prenominal) drive to get the amount of air pollution being emitted into the environment and minimize the amount of nitrogen deposition. To improve the sewage treatment system to stop the leaks in the pipes. Conserve water, improve storm water management. proctor watershed. Stop disforestation to soak up the rain water and pr levelt runoff from occurring. The exceed water pollution solutions are simply to pres authorized our governing officials here in the United States, to enforce the environmental protections already on the books.The laws is important, if the take officials is not properly strain enforcement mea veritables and these agencies with those individuals who is committed to defend the environment, and the laws isnt expense the recycled pap er its written on. If we can get the government to pass away a big part in the clean up thusly we depart maintain a great jounce on the world. We go out just need the government to help fund the clean up and sop up sure that we wouldnt hurl to do it again. I think that if the government founder the law sick consequently we indispensableness have to reclean the water ever again.I think that the benefits pass on best display case the living things that use the water every day and need it to survive. We want get sick, need to boil it, and we want have to worry about whats in it. We also want have to worry about the food that we get out of the water having something or dying off. The animals in the world wont die off so right away and they wont have to find water to drink. I think that the challenges allow be to get the government lease and the people involved. I think that the most that we leave behind get out of them both is half and that will be a good start.For the most part will be to get the funding for the cleanup and a place to store all the waste that we get out of the water. When it is all said and by dint of with(p) we will be able to see a new reposition in the water. We will be able to get word clear through the water and see all the way to the bottom. I think that with the help of every one we can make this happen and at the end we can be ever proud of ourselves. I think that with all the planning and the solutions that we can make it happen before the year is out. It will take a lot of hard invent and time, but as a big group we can make it all worthy wide at the end.We should look at what this will mean to all living things and how much it will multifariousness the world. We can leave this and pose the kids to come how beautiful the world can be. We can save many a(prenominal) lives and protect the kids of the future America. It will be even better if I can get a least threesome hundred people from each country to help o ut right along with their government. The government plays a big part and I will make sure that they under bide it to the fullest. I think that we can make a deviation in the world if we just put our sound judgment to it. We cant let the water that we use every day continue to be like this and making us sick.We need to put our foot down and tell them no more with an attitude addicted to it. We should take a stand and let the others know that we will not take it anymore. We need to tell them that it is time for a change and the change is now. We need to stand up as one and show the people who are polluting the waters that we will not take any more of this. We need to come up with a way to make this commove and make sure it is there to stay. I think that we can do it and get everyone involves to make this dream a reality for all those to come and the ones that are here to stay.Water PollutionWater pollution is when a body of water is adversely affected due to the addition of large amounts of materials to the water. (www. imbgnet. net) There are four types of water pollutions and Im going to describe each one of them. Im also going to tell you the solutions that I can up with and how Im going to get the government and people involved to help. It is a lot of things that we dont know about water pollution and how bad it is for our health.Every year, 14 billion pounds of sewage, sludge, and garbage are dump into the water. (www. hinkquest. com) Nineteen trillion gallons of waste also enter the water annually and it is a hard thing to clean up. The first type of water pollution Im going to talk about is Toxic substance which is a chemical pollutant that is not a naturally occurring substance. This is what we would call man made material that we dump into the water every day. The second one is Organic substance that occurs when an excess of organic matter such as manure or sewage enters the water. This is a natural thing that we as humans can try to stop at a poin t in time.Water pollution is a point and a non point source pollution in which we are a big factor of. The point source is the waste that we put into the water every day and the way we store the waste that we use. The non point source is like the sewage we dump and we know that we are doing it. One of the ways that we are putting waste into the water is being on the cruise ships. They are dumping the sewage, bath water, and the other material into the ocean. It is killing all of the food and making us sick on a day to day living.Water pollution is one of the worst things that we should ever let happen in the world. Most countries cant drink or take baths in the water without boiling it first. The non living things that contribute to the cause of water pollution are all the things that we as humans make or use. The thing that we use in everyday living is a big part of the pollution problem. The living things that are affected by this are the people and animals that need the water to survive. People we need the water to do almost everything that we do when we get up in the morning.We have to drink this water, baths with it, and cook with it every day. We should be careful about the thing that we do and how we do it. The more that we pollute the water the more living things will die and our food supply will be cut out. Thermal pollution is the third one Im going to talk about it occurs when water is used as a coolant near a power or industrial plant. The water is returned to the environment at a higher temperature than it was originally. Some plants treat the water before it is released back into the environment, but they forget to let it cool down before they release it back.Ecological pollution takes place when chemical pollution, organic pollution, or thermal pollution is cause by natural than by human activity. Water pollution is increasingly becoming a large problem that humans con confront. Water is the most valuable resource. Just think of how much humans dependent on clean water. Water is more valuable than gold, can we go a day, week, year without, gold or water? The fact is we drink the water, we use it irrigation for farm fields, cooking, washing clothes, flushing toilets, and industrial process requires water to function.The earths surface is covered by 70% water, why fuss of protect water? Only 3% of all water is fresh and drinkable and that 75% is frozen, which leaves a grand total of 1% of the Earths surface water is readily available for consumption. Taking the fact into account, one can see why the conservation and protection of our remaining water supply is vital. Water pollution can be stopped, sources of the pollution must be known. Solution is like people, each one is complex as well different. Every part time environmentalist can have a solution to any environmental problem ails this planet.That is not to say that they are always right. We as humans play a major part into what goes into the water and how it gets there. We might not think that we are doing it, but we are. I think that since we realize that we are doing it we can find a way to stop it. The first thing that we need to do is get the big wigs to join in, but before I get into that we are going to talk a little more about water pollution. I think that we can find a better way to store the waste that some of the plants are using. Conversely, are not always wrong either.The solution is the first part, making the solution a reality is second. Water pollution is a problem most everyone would agree does exist. Individuals can do a lot to help with the water pollution problems and aid in the water pollution solutions. By buying organic food and green household cleaners and personal care items to prevent the run off of chemical into ground water. Many pharmaceuticals are eliminated as possible and stay away from meats and the raising used of hormones and drugs. It is important to properly dispose of any paints and varnishes.To implement water pollution solutions is to use less plastics and plastic products and not to litter. Water pollution solutions are very affordable to put into effect. The Unite State research Council has estimated that to do initial clean-up of all contaminated groundwater is over 300,000 sites across the United States it will cost $1 trillion dollars over the course of thirty years. It would average out to 33 cents per person per day. To reestablishing wetlands is to act as a buffer zone to runoff and to assist in filtering pollutants.Less drive to reduce the amount of air pollution being emitted into the environment and minimize the amount of nitrogen deposition. To improve the sewage treatment system to stop the leaks in the pipes. Conserve water, improve storm water management. Monitor watershed. Stop deforestation to soak up the rain water and prevent runoff from occurring. The best water pollution solutions are simply to pull our government officials here in the United States, to enforce the environmental protections already on the books.The laws is important, if the elected officials is not properly fund enforcement measures and these agencies with those individuals who is committed to protected the environment, and the laws isnt worth the recycled paper its written on. If we can get the government to become a big part in the clean up then we will make a great impact on the world. We will just need the government to help fund the clean up and make sure that we wouldnt have to do it again. I think that if the government make the law sick then we want have to reclean the water ever again.I think that the benefits will best suit the living things that use the water every day and need it to survive. We want get sick, need to boil it, and we want have to worry about whats in it. We also want have to worry about the food that we get out of the water having something or dying off. The animals in the world wont die off so quickly and they wont have to find water to drink. I t hink that the challenges will be to get the government involve and the people involved. I think that the most that we will get out of them both is half and that will be a good start.For the most part will be to get the funding for the cleanup and a place to store all the waste that we get out of the water. When it is all said and done we will be able to see a new change in the water. We will be able to look clear through the water and see all the way to the bottom. I think that with the help of every one we can make this happen and at the end we can be ever proud of ourselves. I think that with all the planning and the solutions that we can make it happen before the year is out. It will take a lot of hard work and time, but as a big group we can make it all worth wide at the end.We should look at what this will mean to all living things and how much it will change the world. We can leave this and show the kids to come how beautiful the world can be. We can save many lives and protec t the kids of the future America. It will be even better if I can get a least three hundred people from each country to help out right along with their government. The government plays a big part and I will make sure that they understand it to the fullest. I think that we can make a difference in the world if we just put our mind to it. We cant let the water that we use every day continue to be like this and making us sick.We need to put our foot down and tell them no more with an attitude attached to it. We should take a stand and let the others know that we will not take it anymore. We need to tell them that it is time for a change and the change is now. We need to stand up as one and show the people who are polluting the waters that we will not take any more of this. We need to come up with a way to make this stick and make sure it is there to stay. I think that we can do it and get everyone involves to make this dream a reality for all those to come and the ones that are here to stay.