Wednesday, October 30, 2019

Nursing Shortage Research Paper Example | Topics and Well Written Essays - 1750 words - 2

Nursing Shortage - Research Paper Example The nurses are decreasing in number in many countries of the world, and the number of people suffering from different diseases is increasing. A few nurses who are ready to assist people for many reasons and shortage of nurses are creating many impacts on patients as well as the healthcare industry. In general, the aim of the study was to find the impact on the shortage of the nurses in the healthcare industry concerning the quality of the service the nurses provide in comparison to the previous times when the nursing shortage was not a problem. From the findings of the research one gets to interpret that, the working nurses are under pressure due to the shortage of nurses in the hospital. Moreover, there are signs of lack job satisfaction from the premises since they have considered finding better paying jobs in the country. The facility on the other hand has not made any amends to the looming danger of losing nurses hence they lacked initiative to make the nurses stay. There is no retention plan in the hospital that can curb the prevailing trend of nurse loss in the facility. More so, the synchrony in the facility is out of line making the care vulnerable to mistakes. This implies there is little accuracy in the service rendering in the facility. The fatigue the nurses are experiencing in the hospital with little coordination from the administration leads to more trouble since the lack of direction make the daily activities in the hospital collide causing chaos in the service. However, the nurses have tried to curb the ob stacles through a series of teamwork and perseverance. The environment of the hospital is not having a good environment for the hospitals reputation in terms of the administrations mandate in the hospital. The environment may not portray the hospital in the good light citing the frustrated staff that can snap and utter inappropriate message to the stakeholders costing the hospital

Sunday, October 27, 2019

Role Of The Civil And Criminal Courts Law Essay

Role Of The Civil And Criminal Courts Law Essay The criminal and civil jurisdictions have many differences and some similarities in the way they deal with cases. In this court report I will be discussing the role of the civil and criminal courts by witnessing the law in action and will also compare and contrast the courts. Hierarchy of the Courts Below is a simple diagram of the hierarchy of the courts in England and Wales. All criminal cases are heard at the magistrates court, but for serious offences such as murder and rape it may be heard at the crown court. All civil cases start at the county court which deals with a range of issues from small claims to complex cases. If the case goes to appeal it will be heard in the courts listed above and it will follow the courts hierarchy. The doctrine of judicial precedent is also based on the courts hierarchy where the higher courts will bind lower courts on earlier decisions made. Criminal Jurisdiction: Crown Court To witness the law in action in a criminal jurisdiction the court that I visited was Minshull Street Crown Court in Manchester. The court mainly dealt with indictable offences and either way offences, which could be heard in the Magistrates Court or the Crown Court depending on what the defendant chooses. During the visit to the court I attended a trial which was a rape case. This was seen as a reconstruction case as witnesses had to be called to reconstruct what had happened in the case. The facts of the case are as follows. The defendant, the defendants sister (X), the victim and the victims brother (Y) after attending a family barbeque were quite drunk and so they all went to Ys house. While they were at Ys house they drank more alcohol. At this point the defendant and the victim were both very drunk. After feeling tired, the victim fully clothed decided to go to sleep on the sofa. The defendant slept in another room and X and Y slept in the same room. After waking up some time later the victim realised that she wasnt dressed in the same way that she had gone to sleep and physically felt as though she had sexual intercourse. Sat next to her was the defendant. The victim seeing the defendant ran to her X and Ys bedroom and told them what had happened and remained in their room. Seei ng the victim like this Y rushed down and assaulted the defendant and told him to get out of the house. The indictment was given to the jury after the facts of the case was told by the prosecution. The indictment set out the charges which the defendant was to be tried. It contained two issues: the first was whether the defendant intentionally penetrated with the victim and the second issue of whether the victim consented to have sexual intercourse. The first issue has been admitted by the defendant as he claims that he did have sexual intercourse with the victim, but the question remains of whether the victim consented. This case was heard in front of a judge and jury. The circuit judge had a very active role during the trial; he had to make sure the case is being conducted accordingly with relevant law and practice. The judges main role in the case was to direct the jury and also to give the sentence according to the case if the defendant was found guilty. Before the trial began the judge directed the jury on what they had to do and what they could not do. For example, they had to listen to the facts of the case, evidence and witness statements and decide whether the defendant is guilty or innocent. They were also told not to discuss the case outside court as the decision they give may be influenced and will not be seen to be just. The instructions that were given were clear and understandable and the jury seemed to have understood it. The jury consisted of twelve members as it was a criminal case. These members were aged 18-70, lived in the UK for five years since the age of thirteen and randomly selected from the electoral register to make it fair and represent the society. By having a trial by a jury it allows ordinary members of the public to get involved and know what is happening in the law. But more importantly, it allows the defendant to be judged by his own peers. Lord Devlin describes the jury as a little parliament and believes it is the lamp that shows that freedom lives. Clearly, this statement suggests that the jury is seen to be an important part of the legal system. The jury not only judges according to the facts of the case but also mitigates the harshness of the law as they decide the case according to what they think is fair and right. However, sometimes they may not be the right person to give verdicts as they are not legally qualified but more importantly they may get it wrong. For example, in the case of Pottle Randal  [1]  (1991) the defendant was acquitted even though there was evidence against him. This illustrates the point that the judgement of the case should be left to the judge and not the jury as sometimes they do not get it right. This also leads to inconsistency and loosing certainty in the law as the decision will vary from jury to jury. Many criticism have been made against the jury system, Darbyshire claims that juries are not random, not representative, but anti-democratic, irrational and haphazard legislators, whose erratic and secret decisions run counter to the rule of law  [2]  . During the trial the judge did not use the doctrine of judicial precedent when he summed up the case at the end and there was very limited use of statutory interpretation when the legal issue was addressed to the jury. This is because the jury had to decide the case and his role was to direct them. When the judge summed up the case, after the prosecution and defence presented and questioned their witnesses, he addressed the main points in the case and the legal issues in relation to those facts to the jury. This helped the jury to understand fully what they had to do. The main legal issue that was addressed was the definition of rape. However, the second part of the definition was explained to the jury as the case was concerning this issue and not the intention of the defendant. The second part concerned whether the victim had consented and whether the defendant reasonably believed that she had consented to the sexual intercourse and had freedom and capacity to make that choice  [3]  . The jury had to take this into consideration and whether the victim was able to consent while she was drunk. It was seen that the interpretation of the act given by the judge was given using the literal approach. The plain and ordinary meaning of the word was given to give effect to parliaments intention. The decision of the jury was based on the evidence, witness statements and the reconstruction of the case. At the end of the trial the jury were given time to decide the verdict. In the specific case the verdict was not guilty and the defendant was acquitted. The decision was made in secret. At this point it could be argued that this is seen as a weakness of the jury as we are not able to know how they reached such a decision as there is no explanation given. Civil Jurisdiction: County Court Majority of civil cases are heard at the County Court, many of which are private. Due to the matters being private many will try and resolve their dispute outside of court, with very few cases going to trial. However, if the parties wish they may still go to court with t heir claim. Some civil courts that I attended heard many private disputes which were not available for the public to sit in at. However, at Manchester County Court I was able to attend a trial, this was a property case. The summary of the case was stated by the prosecution at the beginning of the trial. The facts of the case are as follows. The defendant and the claimant lived together for sixteen years. In 1989 they purchased a house which was under the claimants name. In 1996 the house was remortgaged and the claimant sold the house to the defendant for  £85,000 at a profit of  £20,000. The money obtained was used to pay off the mortgage payment by the claimant which was  £44,000 and the rest ( £31,000) was put into the claimants gold deposit account. When the property was first purchased it was seen as a joint venture by the parties even though the property was under the claimants name. However, after the property was sold to the defendant it was claimed that the there was no trust ar ising between them and it was no more or no less than just a remortgaging exercise. But the claimant claims that even after the remortgage they were still living together and the property was seen as a joint venture and they both still had a close relationship before the break up in 2006. The issue arising in this case is whether there was a relationship between the claimant and defendant in order for the claimant to obtain her share of the property. This case was heard by a district judge alone. The role of the judge was to establish the facts and to apply relevant law to the case followed by a reasoned judgement at the end of the trial. The defendant and the claimant were both cross examined by the prosecution and the defendant and were also questioned by the judge on certain issues that was considered to be important. This allowed both parties to provide their point of view and evidence to support their argument in the case. During the trial the doctrine of judicial precedent was used by the prosecution to support the argument he was presenting. To establish that there was trust between the two parties Lord Hoffmans statement in a House of Lord case was used where it sated that trust can be established between the parties. The doctrine of judicial precedent plays an important role in the English legal system. It is based on stare decisis where the previous decision of a higher court stands. This is seen to be binding on all lower courts. So it will be seen that the judge must consider the case when the judgement is given. However, the judge may not have to follow the previous case and can distinguish it on the basis that the facts of the case are different, but if the facts of the case are the same the case can be used. Many parties can go to court to solve their dispute. However, there are alternative methods available for civil cases rather than going to court. Alternative Dispute Resolution Alternative Dispute Resolution (ADR) is another method of resolving a dispute rather than going to court. ADR is part of a continuing contest over the dominance of courts in the apparatus of state law  [4]  . ADR may be more relevant to civil matters than criminal matter as it mainly focuses on disputes involving parties, however, it could also be used in criminal matters depending on the nature of the case. Both litigation and ADR have their strengths and weaknesses when the methods are used. ADR is cheap, less formal, flexible and quicker compared to litigation. But most important of all it protects the relationship of the two parties as there is no winner and no looser. However, if parties do not compromise it may take long for the dispute to be solved also the decision made in many types of ADR is not legally binding such as negotiation, mediation and conciliation. On the other hand, with litigation it is expensive, formal and a more complicated process compared to alternative ADR. Furthermore, it can be time consuming and not flexible enough to suit the parties. However, a decision is always given at the end, which is legally binding and enforced through the courts. As to which method is used depends on the parties and the nature of the case and how complicated it is to solve. ADR is a more convenient way to resolve a dispute than using litigation as there are many more advantages in using this method than going to court. Comparison of the Criminal and the Civil Court There are many differences in the criminal and the civil jurisdiction in terms of the purpose of action, concern, parties involved, standard of proof, the decision and the court in which the case is heard (illustrated in the diagram above). Criminal law is concerned with offences against the state. In order for the defendant to be found guilty the burden of proof is on the prosecution to prove that the defendant is guilty beyond reasonable doubt. The courts of criminal jurisdiction are concerned with punishing the wrongdoer. On the other hand, the civil jurisdiction is concerned to resolve the legal dispute between the two private parties. The standard of proof is also different as it is on the balance of probabilities. These differences are reflected in the cases which were heard at court. For example, in the criminal court the case was to establish that the defendant was guilty of rape beyond reasonable doubt where as in the civil court there was no need for the prosecution to do t his. Conclusion Overall, the courts are distinct in the cases that are heard. The role of the judge in each court was different but was seen to be very important. The courts are seen to be very important for parties that bring their cause of action to court as a person with legal knowledge is able to help them and decision given is binding and legally enforced to do right to the party that has been wronged. WORD COUNT 2,460

Friday, October 25, 2019

Holden in The Catcher in The Rye Essay -- essays research papers

The author has put in plenty of themes, messages, ideas, issues, and motifs. The character, Holden Caulfield is alienated from society, is experiencing the painfulness of growing up, thinks that the adult world is full of phoniness, and is sick of hearing about the American Dream from his teachers. JD Salinger has created a book that has raised plenty of questions and controversy towards the readers. The Catcher in the Rye shows how a teenage mind works. JD Salinger has used a stream of consciousness writing style where the character (Holden Caulfield) talks in first person as he presents his thoughts and feelings to the readers. The setting has taken place in the early fifties and the book uses a lot of profane words. The New York vernacular helps to explain the plot and help define the character. The Catcher in the Rye clearly states that Holden is an individual trapped within a heartless world. He is victimized on the other side of the world but he tries to get in the world which he feels that he does not belong in. Holden wears a red hunting hat as a symbol to show that he is a rebel against the law. By criticizing others, that is the way Holden hides away from his fears. â€Å"Pencey was full of crooks. A few guys came from wealthy families, but it was full of crooks anyway. The more expensive a school is, the more crooks it has - I'm not kidding.† In his mind, the adult world’s is full of phoniness. He imagines that childhood is life while adulthood is death. When Phoebe (his younger sister) asks Holden what he wants to be when he grows up, Holden thinks about it and says â€Å"I keep picturing all these little kids playing some game in this big field of rye and all. Thousands of little kids, and nobody's around - nobody big, I m... ...an instead of his 16 year old self. The ducks are symbolic since they show Holden that some things are only temporary and that they do not always stay the same. The ducks vanish every winter but return once winter is over. It shows how the world and things are temporary and how they don’t stay the same forever. The pond is another symbol as it shows that it is â€Å"partly frozen and partly not frozen.† It is in two states just like Holden who is stuck between childhood and adulthood. â€Å"I live in New York, and I was thinking about the lagoon in Central Park, down near Central Park South. I was wondering if it would be frozen over when I got home, and if it was, where did the ducks go? I was wondering where the ducks went when the lagoon got all icy and frozen over. I wondered if some guy came in a truck and took them away to a zoo or something. Or if they just flew away.† Holden in The Catcher in The Rye Essay -- essays research papers The author has put in plenty of themes, messages, ideas, issues, and motifs. The character, Holden Caulfield is alienated from society, is experiencing the painfulness of growing up, thinks that the adult world is full of phoniness, and is sick of hearing about the American Dream from his teachers. JD Salinger has created a book that has raised plenty of questions and controversy towards the readers. The Catcher in the Rye shows how a teenage mind works. JD Salinger has used a stream of consciousness writing style where the character (Holden Caulfield) talks in first person as he presents his thoughts and feelings to the readers. The setting has taken place in the early fifties and the book uses a lot of profane words. The New York vernacular helps to explain the plot and help define the character. The Catcher in the Rye clearly states that Holden is an individual trapped within a heartless world. He is victimized on the other side of the world but he tries to get in the world which he feels that he does not belong in. Holden wears a red hunting hat as a symbol to show that he is a rebel against the law. By criticizing others, that is the way Holden hides away from his fears. â€Å"Pencey was full of crooks. A few guys came from wealthy families, but it was full of crooks anyway. The more expensive a school is, the more crooks it has - I'm not kidding.† In his mind, the adult world’s is full of phoniness. He imagines that childhood is life while adulthood is death. When Phoebe (his younger sister) asks Holden what he wants to be when he grows up, Holden thinks about it and says â€Å"I keep picturing all these little kids playing some game in this big field of rye and all. Thousands of little kids, and nobody's around - nobody big, I m... ...an instead of his 16 year old self. The ducks are symbolic since they show Holden that some things are only temporary and that they do not always stay the same. The ducks vanish every winter but return once winter is over. It shows how the world and things are temporary and how they don’t stay the same forever. The pond is another symbol as it shows that it is â€Å"partly frozen and partly not frozen.† It is in two states just like Holden who is stuck between childhood and adulthood. â€Å"I live in New York, and I was thinking about the lagoon in Central Park, down near Central Park South. I was wondering if it would be frozen over when I got home, and if it was, where did the ducks go? I was wondering where the ducks went when the lagoon got all icy and frozen over. I wondered if some guy came in a truck and took them away to a zoo or something. Or if they just flew away.†

Thursday, October 24, 2019

Activision: Case Study Essay

Activision was established in 1979 as a third party video game developer-publisher. Formation of Activision has been one of the most significant events for gaming industry. Activision is publisher of one of the most famous game publisher today. Games like Call of Duty, Guitar Hero and Pitfall series are published by Activision. Currently Activision is merged with Blizzard (creator of world’s most played subscription based game) to form Activision Blizzard World’s largest gaming company in a deal worth ? 9. 15 billion. Around the time of formation of Activision, companies used to dominate market place. Gaming industry was not stable. But the things have changed today it’s a global multibillion dollar business. In the starting days of Activision, they had to compete with Atari in games. But later both companies came to understanding that availability of more game for Atari platforms meant more sales of hardware. And both companies kept building games for Atari platforms competing with one another and being benefited from competition. Creating games is a long and expensive process as normal games take about 2 year and $20 million while MMOG’s may take from $50 to $100 million in five years. What Activision and Atari started as co-operative competition still prevails in gaming industry and has helped a huge deal in development of gaming industries. In 2010 there was 8% loss of packaged goods sales of consoles game but online revenue was booming. Activision was able to predict this change in gaming industry market and locate itself in front of customers. In 2010, around 50% of total revenue made by Activision came from digital sources. Since its merger with Blizzard, Activision is becoming more and more console independent. Starting as publisher for console games, today Activision publishes games for anything that can play games like ipad, iphone, phone social gaming (facebook), etc. And the ability to adapt to changing market has kept Activision in top of the gaming industry for so long. There is an argument that more than half of Microsoft’s xbox live subscribers are there for Activision’s Call of Duty. This raise an issue should Microsoft be the only one being benefited from this while Activision only gets paid once during sale of game disc. This makes console gaming dull in compared to World of Warcraft’s online subscription payment (Activision Blizzard charges fees for playing World of Warcraft online in PC). Activision’s competitor EA games seems to have found a simple solution, In order for online multiplayer, gamer have to either buy new disc or buy online registration code that allows them to go online using old disc whose online code is already used. Activision could use this strategy restricting people who bought used games and people who borrowed games to get online hence focusing only on customers who paid for online. For first time ever, in 2008 Activision was the number one US console and handheld game publisher in dollar. In 2008 it published two games: Call of Duty 4: Modern Warfare and Guitar Hero III: Legends of Rock which were number second and first best selling game in US and Europe in dollars during fiscal year. Net revenue earned by Activision in 2008 was $2. 9 billion. Activision’s stage gate model â€Å"Greenlight Process† has helped in development in its product a lot. This process includes analysis of new products in development stage before entering market in four stages as concept, prototype, first playable and alpha. Making sure that product functions properly and is as demanded by current market customers is a very important step in product development which is carried out by high-level cross functional team. Keeping your product polished and problem free is very important. Gaming industry is product based market. Even though there will be customer grouping making your product fit and well is the most. If the product is good customer from another group can be attracted by this (RPG players are different than first person shooter players). In July 9 2008, Activision finally merged with Blizzard entertainment. Blizzard is owned by French conglomerate Vivendi and is the owner of World of Warcraft, world’s largest subscription based MMORPG. This merging helped Activision expand its reach in the industry. Instead of diversifying product Activision move toward merging has proven rather useful. Gaming industry is one of the fastest growing industries. Changes occur daily in market place. Gaming industry started with text games then moved to cartridge based platforms to today’s next gen consoles. And research shows that any gaming device staying in market for more than 10 years is considered to be outdated. So the change is obvious and Activision has to be aware of these changes. Transition period between one generation of console to another generation of console hugely effects gaming industry. Activision’s performance record shows that gaming industry faces a huge halt at these times. During recession Activision was able to maintain its sales and profit curve but in 2005 when all console developers like Sony and Microsoft were preparing for launch of their new consoles gaming companies like Activision and its rival EA has to face depreciation in their business as customers are waiting for newer version of game and gaming consoles.

Wednesday, October 23, 2019

New Heritage Doll Company: Capital Budgeting Essay

The New Heritage Doll Company’s Vice-President of Production, Emily Harris, had to decide which of two proposals she should approve for the company’s upcoming capital budgeting meetings. The first project involved expanding an existing â€Å"Match My Doll Clothing† line, which had a proven record of success in the past. The second project introduced a new initiative called â€Å"Design Your Own Doll†, which used a web-based software enabling users to customize a doll’s features to the customers’ specifications. To help Emily reach her decision, I will calculate the Net Present Value (NPV) of both projects to find out which project is more profitable. In the financial analysis of both projects Emily was given the following assumptions: 1. Operating projections were used to develop cash flow forecasts and then to calculate Net Present Value, Internal Rates of Return, payback period and other investment metrics. The cash flows excluded all financing charges and non-cash items (i.e. depreciation), and were calculated on an after-corporate-tax basis. The New Heritage’s corporate tax rate was 40% 2. Discount rate was set at 8.4% – for medium-risk project 3. NPV calculations included a terminal value computed as the value of a perpetuity growing at constant rate. I computed Free Cash Flows (FCF) to find out the actual amount of cash from operations that the company could use in developing its new projects. I calculated the terminal value for 2020 as projected FCF in the first year beyond the projection horizon divided by discount rate of 8.4% less the perpetuity growth rate, which in this case was 3%. According to my calculations the MMDM’s terminal value in 2020 is 16,346,000 and DYOD’s is 27,486,000.

Tuesday, October 22, 2019

Family Member SSD Benefits

Family Member SSD Benefits Can Family Members Receive SSD Benefits? If you are receiving Social Security Disability, your family members may be entitled to receive a portion of your benefits. These dependent benefits can be paid to a spouse, divorced spouse and children.Let’s take a closer look at the circumstances for each.Spouse A spouse who is caring for your child who is 16-years-old or younger may receive benefits. The benefits will stop once a child is 16-years-old. However, the child will typically receive benefits until he or she reaches 18-years-old.If a spouse is 62-years old or older and his or her Social Security retirement benefits are lower than yours, he or she can receive benefits.Ex-Spouse A divorced spouse who is 62-year-old or older and collects retirement benefits that are less than yours can receive benefits.The marriage between you and the divorced spouse must have lasted for at least 10 years.The divorced spouse must not be remarried.Minor Children Please note that your biological child, adopted child or stepchild can re ceive benefits.Children who are unmarried and under the age of 18 are eligible for benefits until they reach 18-years-old.Adult Children If a child is between 18 and 19-years-old and is a full-time student, (cannot exceed 12th grade) he or she will receive benefits until graduation or two months after turning 19, according to which event occurs first.Disabled Children If a child is 18-year-old or older and has a disability that started before age 22, he or she will receive benefits.Grandchildren In some cases, a grandchild can receive benefits if:The parents of the child are deceasedThe grandchild started living with his or her grandparents before turning 18-years-oldHe or she received at least 50% of their financial support from their grandparent the year before the grandparent qualified for SSD.How Much Can Family Members Receive? The maximum family benefit must be 150-180%. If you are receiving SSD benefits, the amount you will receive is set at 100%. For example, if a father is receiving SSD benefits (100%) his eligible wife, and two children will receive an equal amount of benefits that range from 50-80% in total.We Can HelpIf you are disabled and unable to work, call  Disability Attorneys of Michigan  for a free confidential consultation. We’ll let you know if we can help you get a monthly check and help you determine if any money or assets you receive could impact your eligibility for disability benefits.Disability Attorneys of Michigan  works hard every day helping the disabled of Michigan seek the  Social Security Disability benefits  they need. If you are unable to work due to a physical, mental, or cognitive impairment, call  Disability Attorneys of Michigan  now for a free consultation at  800-949-2900.Let Michigan’s experienced Social Security Disability law firm help you get the benefits you deserve.Disability Attorneys of Michigan, Compassionate Excellence. disability attorney, disability lawyer, Michigan Disability Attorney, social security disability family benefits

Monday, October 21, 2019

Cover Critique #1 with Mark Ecob

Cover Critique #1 with Mark Ecob Cover Critique #1 with Mark Ecob We are very excited to bring you the highlights from our first  Reedsy Live Chat, which as promised will be a regular feature in the coming months.  Every live chat features one professional from the Reedsy marketplace hosting an interactive session that includes among other things free advice on topics like editing, book design, and marketing.We started things off with our first Cover Critique, a big thanks to the terrific Mark Ecob for an informative session.Mark runs his own design studio  and specialises in book cover design. He has worked with large publishing houses like  Penguin, Little, Brown and Amazon, as well as independents such as Faber and Icon. Since 2012 he has been Associate Art Director for Unbound, the London based crowd-funding publisher.  His work has been recognised three times by the Design Art Directors Association (DAD), and exhibited at the Hay Literary Festival 2012.For those of you who missed it, we've compiled a brief recap. However, we strongl y recommend you watch the videos. And if you want to take part in our next Cover Critique, with Jake Clark, remember to send your covers in advance to covers@reedsy.com.Cover Critique  with Mark Ecob - Part 1Just click on the image below to watch the video!