Case Legal Brief Essay Example for Free

Case Legal Brief Essay Facts: At a teaching hospital, Mullins who is the plaintiff marked or ticked the section of approval form that consented to â€Å"the presence of healthcare learners†. She was assured by the attending Anaesthesiologist that she would handle the anaesthesia. However, when Mullins was unconscious during the surgery, a student (VanHoey) was allowed by the Anaesthesiologist to perform intubation. Mullins’ oesophagus was lacerated by VanHoey as it was VanHoey’s first day practicing on a live patient. The gynaecologist, the anaesthesiologist, VanHoey and the doctors’ were sued by Mullins for battery and other claims. A summary judgment was granted for the defendants by the trial court on all counts. The Court of Appeals supported the Mullin’s claim, whereas the Indiana Supreme Court reversed, saying that the claim was not actionable. Brief Fact Summary: VanHoey, a medical student lacerated the Oesophagus of Mullins during a surgery while performing intubation. Student involvement was not approved by Mullins in her surgery. Battery and lost claim were filed by Mullins. Issue: In addition to the intent to make contact or touch, whether the intent to cause harm is required for the tort of battery claim. Holding: Yes. Mullins could not prove that Vanhoey â€Å"acted intending to cause† harm, though VanHoey â€Å"touched Mullins in a harmful and offensive manner without permission†. VanHoey believed that she had the permission to perform intubation and was relying on her doctor’s authority. The court could not find an materialistic facts that could prove VanHoey wrong. Therefore VanHoey was entitled for the summary judgment. Rule: Battery requires a harmful or offensive touching, without consent, with the intent to cause the resulting harm or offense. Discussion: The opinion in this case proves that the actor’s intent to make contact or touch is not sufficient to claim for battery or lost. The intend to cause harm that results from touch by the actor should be proved.

Obsession in the gothic Essay Example for Free

Obsession in the gothic Essay To what extent do you agree that obsession is a significant element in the gothic writing you have studied? The word obsession means the domination of ones thoughts or feelings by a persistent idea, image or desire. With this in mind, both Faustus and Frankenstein show symptoms of monomania in relation to academic obsession. Similarly, in ‘The Bloody Chamber’ the characters that experience obsession are also male, however they are driven by a different obsession: sexual desire. In the prologue of ‘Doctor Faustus’ it already begins to establish Faustus’ thirst for knowledge and how this resulted in his tragic downfall. Firstly, the Chorus compares Faustus to the Icarus myth â€Å"his waxen wings did mount above his reach†, which suggests that Faustus’ fixation with necromancy is not a power he is supposed to possess, and that his fate will end similarly to Icarus. Furthermore, it states that Faustus â€Å"glutted† for â€Å"learning†. The word gluttony highlights that Faustus’ obsession for knowledge can only result in tragedy because it’s one of the seven deadly sins, and also indicates how extreme Faustus’ obsession is. This is because gluttony’s definition is to gorge yourself with something, and is often to the extent of harm. However, you could argue that Faustus’ greed is not completely based around academic knowledge, and he actually desires rival God in terms of power and knowledge. For instance, when Faustus is listing what he would â€Å"most, desires† he wanted strength that â€Å"exceeded†¦. the mind of man† and was in comparison to â€Å"a mighty god. † In comparison, Frankenstein also overstepped his reach in pursuit of his obsession, and comments that Robert should â€Å"learn† from his mistakes, and that it is â€Å"dangerous† for men who â€Å"aspire to become greater than this nature will allow. † These short quotations show us the viewpoint of Shelley during this period on enlightenment, as she was trying to symbolise a moral and didactic message throughout Frankenstein as a warning of all the forthcomings of what could happen if the exploration of science and knowledge became an obsession. For example, Frankenstein deliberately makes the creature monstrous by making him â€Å"proportionally large† at about â€Å"eight feet in height† because he wanted to finish his creation as soon as possible, and didn’t think about the consequences this would have for the creature when he actually succeeded in bring him to life. On the other hand, in â€Å"The Bloody Chamber† whilst obsession is not as significant as the other two texts, Carter uses masculine sexual obsession to critique how patriarchal our society still is. For example, in ‘The Snow Child† she is called the â€Å"child of his desire†. He wishes for her to be beautiful and nothing else, so it is clear that he is interested only in her appearance and her value as a sexual object. Furthermore, once she has fulfilled her purpose of becoming a sexual object, she dies. This could be Carter symbolizing that once a woman tries to become the objection of a mans obsessions and desires, it becomes impossible for her to ever live up to expectations, and therefore a death sentence.

Role of Religion in Society Sociology Essay

Role of Religion in Society Sociology Essay Functionalism is the most widely-used theory in modern sociology. In general, functionalism uses a systematical approach to any given object, asserting that each element of this object fulfills a necessary role, which is vital either to keep the balance of the system or for its survival. Any change in the state of any of the elements influences the whole system. Functionalism focuses on society as a unity of individuals and the way they, as part of this whole, are affected by various social institutions. It explores religion at the macro-level, analyzing the effect its practices and symbols have on different aspects of society as a whole as well as the harmony between its elements and/or its endurance. According to the functional approach, religion can fulfill different tasks, for example, establish unity, explain and introduce various norms to society, teach people to deal with probable unpredictable outcomes of certain events; it aims at simplifying the ideas or events that are dif ficult to understand. Extreme modern functionalists even argue that religion is vital for the survival of the human race and that it is the only means to enable the transition from selfishness to altruism. Another outstanding theorist of functionalism, Bronislaw Malinowski, also examined small groups to define the social role of religion (Sociology of Religion, 2003). His studies led him to a conclusion that religion had a calming effect on the people, especially in stressful environment. This result was based on the fact that religion had penetrated into fundamental but extremely tense for humans events, such as marriage or burial, for example. For Malinowski, death had a special significance as it meant that society lost one of its members. Nevertheless, he found religion very useful in this instance, as it proposed consolation in the form of life after death. By conducting a funeral, religion eased pain and stress, preventing possible social outbursts. Among others, Malinowski studied some tribes from the Trobriand Islands, who had a special ceremony performed before going fishing, which was their only occupation. This ritual helped them overcome fear about what might happen (as the sea was an unpredictable environment), and also built solidarity. The researcher came to a conclusion that religion helped people face the unknown future. In general, functionalism sees religion as a positive element of society, as it unites people, helps maintain social balance and prevents disorder. Functionalists accept that it is important as religious institutions fulfill functions that society needs for survival, creating individual models of behavior that are beneficial for the social balance. Religion is also viewed as a reconciling measure between an individual as an element of society and society as a whole. Functional approach allows individuals to have different levels of religious involvement. Contemporary functionalists, like J. Milton Yinger, also note that in modern society religion has expanded its influence from the church surroundings to everyday life, which means that activities previously unrelated to religion suddenly become associated with it in the peoples minds (Blasi, n.d.). Religion helps individuals to define their role in society, giving them the feeling of safety and familiarity with other individuals in a certain group. Machiavelli and Hobbes were the first scientists who introduced the concept of conflict into sociological theories. They applied the term of cynical realism to the description of society: motifs of individual behavior were based solely on self-interest. Each society has a certain ideology, represented in a system of beliefs (religion), which is often used according to the interests of the parties involved. But the core of conflict theory lies in the ideas of Karl Marx (McClelland, 2000). According to Marx, the driving force of social existence is labor, which provides people with means to satisfy their basic needs (e.g. food, shelter). The way this labor is organized from a social point of view determines the essential social characteristics, making those who carry out the production the constructors of society. Marx believed that economy was the basis for creating different social institutions that determined the form of social consciousness of each individual. In order to define the role of religion as it is seen in conflict theory, we need to understand Marxs view on society. He saw capitalism as the dominant structure of contemporary economical interactions, in which capital belonged to a small group of individuals, who employed workers. The latter used capital to produce different goods, but in order for that small group of individuals to receive profit, the workers were paid less than they actually had produced. So there was a conflict: those two classes needed each other, as they provided each other with what the other one did not have, but their interests had different vectors. In order to keep the workers (who outnumbered the bourgeois class) under control, different measures were taken: politics, police institution, religion. Conflict theory sees religion as a tool used to prevent the majority from acting on their own, to make them accept the established way of life in society. Marx believed that eventually the workers would take o ver (through growing consciousness), and a new model of economic relations socialism would be established. Max Weber is considered to be a uniting link between conflict theory and the interactionism. The scientist continued developing Marxs views, and added new levels of conflict to his theory. Weber believed that there were more conflicts than just one-kind-of-property conflict, thus acknowledging that there were more resources to fight for and that society was a multiple-class structure, with each class playing a specific role in material economic interactions. Unlike Marx, Weber moved the focus of conflict to the control of means of violence that served to suppress the opposition. What is more important for us, Weber had clearly showed what role religion played in society. He saw religion as a way to emotionally unite people, and that function of religion was exploited by the state. Religion helped different groups acquire certain statuses or develop into certain communities (based on ethnicity, for example). Religious ceremonies built strong feelings of solidarity within the group, cr eated emotional unity and bonds through application of symbols, techniques and various material aids. According to Weber, religion was not above the conflict or means of resolving it, it was another weapon. If some power incorporated itself into religious beliefs of people, it occupied the dominant position in society. Religion might also be used as a means of finding allies against a common enemy. It could be implemented to create a certain social hierocracy. Through this concept, Weber showed that religion was a manipulation tool, creating background for stratification of society (e.g. stratification in relations and established positions of religious leaders, member of the group and non-followers). In conflict theory, any conflict lies in the desire of one group to dominate the other or others, which can be most effectively achieved through violent constraint. One conflict arises when those who have the authority to coerce provide some groups with certain privileges and strip oth er groups of them. According to conflict theory, every individual acts in his own interests, having the ability to influence self-perception of others, which creates another conflict: different people having different resources available to them create the reality of others, which they use to their advantage. At a personal level, each individuals self-consciousness is developed based on the way this individual comprehends the reality that is through interpersonal communication which brings us to the theory of interactionism. Interactionism (short for symbolic interactionism) is another major theory in sociology, the most recently developed among the ones presented in this work. Some of its ideas were taken from Marx, Weber and further developed by George H. Mead and Herbert Blumer with the contribution of Charles Horton Cooley (McClelland, 2000). This theory concentrates on the subjective side of human behavior and social development. It focuses on individuals rather than society. According to interactionism, each person plays a certain role, being able to change his behavior if the behavior of others changes, too. This is because individuals are able to understand and read into the actions of others, which are perceived as symbols. Moreover, each individual perceives himself and his own actions as symbols as well. Interacting with one another, individuals are constantly in the process of interpreting the symbols that they exchange as well as the world around them. Interactionism recognizes individuals a s active participants of social life and constructors of society. Its focus is on the individual interactions, diminishing the importance of established norms (like in functionalism and conflict theory). According to interactionism, the changeable nature of negotiation process between the societys members forms the constantly changing social reality, which nevertheless stays in the frame of the stable set of rules regulating these interactions. It pays special attention to the roles that individuals play in social relations, believing that they can be either pre-defined or not. It is important to understand that individuals not just react, but evaluate the meaning of counteraction, and then decide on their reation. According to interactionism, religion is a certain ideology (a system of symbols) that helps people understand and relate to things that are above understanding, and in a certain way to track their lives in the wake of this ideology. Religion creates an outline of appropriate behavior and incorporates it into peoples minds. Participation in religious ceremonies is a way to confirm the correctness of ones course and to reinforce ones beliefs, but also a means of imposing certain symbols. Interactionism recognizes religion as a very powerful social institution, because if it succeeds in establishing itself as a symbolic system of some individual, it becomes the only right way for this individual to interpret the world around him. Religious ceremonies are seen by this theory as very important for confirming peoples system of beliefs and reinforcing certain interpretation of the world. In general, interactionism is a very subjective sociological approach. Conclusions The three theories represented in this research paper see religion not as an essential truth but rather an illusion of the truth, as it is immensely influenced by different variables. Functionalists see religion as a uniting force bringing societys members together through the feeling of solidarity. They assert that religious symbols are the representation of the values of people and give special meaning to the religious ceremonies and rituals, as they encourage stronger unity in social groups. Functionalism identifies religion as a positive element of the social system since it introduces another unearthly reality to people helping them forget the stress of everyday life. According to functionalism, religion is beneficial for health and is also an important condition for future survival of society. Conflict theory in a figurative meaning sees religion as a drug for certain social groups. It is one of the ways for the oppressed to feel united, though it is a cruel tool in the hands o f the ruling class. They use it to enforce the difficult way of life, make the working class believe that it is their fate and there cannot be another. Religion refers only to the future, promising reward or better life in the distant future or even after death (in afterlife). For conflict theory, religion is at a stage of change, blocking the idea that the current way of life benefits only a few while the majority of society suffers from injustice. It is interesting to mention that both Durkheim and Marx predicted that religion will vanish from the social life being useless. Symbolic interactionism concentrates on the individuals and their interactions through which the way the society functions and the roles of its institutions are defined. This theory sees society as a constantly changeable symbolic organism. Importance of religion is in the first place defined by the meaning of religion for each separate individual. Being part of religion is a continuous and regular comparison a nd confirmation of ones system of beliefs. The research shows that the role of religion can be explained from different points of view, and there is no right or wrong explanation.

Investigating the Resistance of Wires :: Papers

Investigating the Resistance of Wires Aim: To investigate how the diameter of a constantan wire will affect its resistance and hence the current flowing through it. Prediction: I predict that the thicker the diameter the less resistance there will be. Reason: In a metal, some of the electrons are free to move between the ions, to form a "sea" of electrons around the positive metal ions. Metals that are good conductors have more "free" electrons and therefore these electrons move easily around the positive metal ions. However in metals that have fewer "free" electrons, the ions act as obstacles to the flow of electrons and therefore the wire has resistance. The current becomes stronger with the more electrons that flow through a wire in one second. As the diameter increases the electrons will have more available routes between the ions to pass through per second, making the electron flow greater hence the current becoming stronger. See figures 1 and 2: [IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE] In a larger diameter, there [IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE]Figure 1: are more routes for free [IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE] electrons to travel [IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE] through. [IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE] In a smaller diameter, [IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE]Figure 2: there are fewer routes [IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE][IMAGE] for the free electrons [IMAGE] to travel through. Plan: I will set up a circuit consisting of a cell, ammeter, voltmeter and 50cm of constantan wire. The diameters I will use are as follows. 0.56mm, 0.43mm, 0.38mm, 0.32mm, 0.27mm and 0.20mm. I will measure these diameters with a micrometer. I will take three readings of the current and potential difference for each different diameter of the wire and take an average for V (potential difference measured by a voltmeter) and I (current measured by an ammeter) in order to get the most accurate results possible. I will then plot these results in two graphs one plotting V against I and another plotting the average resistance (using ohm's law R=V/I) against the diameter.

Russian-japanese War :: essays research papers

The Russian-Japanese war of 1904 was a European conflict that was fought because one country was becoming too strong. The conflict was mainly fought because two separate countries had their own special interests in far east countries like Korea, China, and Manchuria. Britain and Japan recognized the independance of China and Korea, but at the same time authorized each other to intervene in either territory if their own "special interests" were threatened by another power or by internal disorder. That power was now Russia. There was already a rivalry going on between Britain and Russia because of the Trans-Siberian railway but now there was another dimension. Russia now had access to the pacific. Her presence in Asia threatened already established Britain interests. China leased the ice-free Port Arthur to Russia and allowed them to store their war ships there. The two empires were set on a collision course. Britain was very reluctant to commit herself to a distant threat of war so she took a step to allying herself with the growing industrial power of Japan. In doing so, Britain found her soldiers in the east. At this time Russia failed to realize how powerful Britain and Japan had made themselves. Russia was unable to take Japan seriously even though they had many reports on how large the Japanese naval and military forces were. Unfortunately, Russia's constant penetration into Korea and Manchuria continued unabated despite the presence of numbers of Japanese immagrants and traders. Russia had succeeded in replacing the now defunct Chinese influence with her own. Russia now began taking over the administrative departments and had their officers train the Korean army to fight on their side. In April, May, and June of 1903, Russian's had told the Japanese that they would move out of China. They did not and continued to occupy the land. In July of the that same year, the Japanese Ambassador proposed that Russia and Japan were to recognize the independance of China and Korea. Both nations were to rcognize preponderance, the Japanese in Korea balanced by russians in Manchuria. They were to recall their troops from their respective area as soon as possible. In return, the Russians would protect the railways in Manchuria and the Japanese would do the same in Korea. It came to the attention of the Japanese that the Russians were building up their naval and military forces in the far east. They were also moving troops not only into Manchuria, but also into North Korea. It now became obvious to the Japnese that the Russians had no intention of releasing their hold on Manchuria and Korea. Nevertheless, the negotiations went on. On February 10th, 1904, both nations produced formal declarations of war. On February 8th, a large part of the Russian Pacific squadron lat anchor in

The Benefits to Society of Information Technology :: Exploratory Essays Research Papers

The Benefits to Society of Information Technology Information technology has had a great influence in our lives. Innovations such as television, internet, radio, cellular phones, etc., have influenced the way we teach, the way we shop, the way we maintain ourselves informed, and also the way we view sports. One of the oldest advancements in IT would be television. Television has brought sports to a whole new level. It has allowed people to view events across the country, and also to view events throughout the world. It is a great tool that allows the public to know what is happening as it happens. Television allows some of the most respected events to be viewed live, from our homes. A great example of this is the Super Bowl. The Super Bowl is now a tradition of American lives, and although it has been for many years, the first Super Bowl game was not as viewed by the country as it is now. Most people did not show the game the importance that they do now. With the help of technology the game could be viewed by millions of spectators and that made a big difference. Producers and marketers have managed to make the most out of it, to the point where even people who do not care about the game or the sport would watch it just for the commercials. Companies will air their best commercials d uring this event due to the high ratings that this event has. Broadcasters are also able to improve the viewing experience of sports events by providing fans with game-specific content when they want it. Team facts and game statistics give fans a closer view of the game. This ends to be beneficial to both the fans and the marketers; â€Å"it allows the fan to get closer to the game and the marketer to get closer to the fan.† (Sportvision) Television gets fans involved in the action, and puts the marketers in the broadcast. Another great advancement of information technology would be the use of the Internet. It is a powerful tool that is widely used to get information throughout the world. The greatest advantage about it is that many people have access to the Internet and information can easily be obtained whenever they want. It is one the fastest way to get information about your favorite sport. Information such as schedules, locations, last-minute scores, biographies of the players, purchasing of sporting goods as well as tickets could be done from ones home with the help of the Internet.

Best Practices and Strategies Essay

Ex: functional, conglomerate, and divisional. For this list of practices we will use the divisional design. a. Divisional Design aka M form (the M stands for multidivisional): Is made up of separate, semi autonomous units or divisions and each division has its own goals to accomplish. 6) Culture: Refers to the set of values that helps its members understand what the organization stands for how it wants to accomplish what it wants to accomplish, and what it considers important. 7) Human Resource Strategy Implementation: Requires an understanding of undamental individual and interpersonal behavioral process. b. Individual Process: Psychological Contracts; Personality; Motivation; and Stress. c. Organizational system and Process: Understanding of the causes of stress, the process by which stress affects individuals can cope better with stress in organizational settings. d. Interpersonal Group Process: Group Behavior; Leadership; and Communication. Select one (1) the corporate strategies discussed in Chapter 4 and formulate a human resource strategy that will support the corporate strategy. Cost leadership strategy is one that focuses on minimizing the cost as much as possible. This strategy allows the firm to charge the lowest possible prices for its products, thereby presumably generating an overall level of revenue. A human resource strategy that will support this corporate strategy would be: a. Efficiency Ratio: keeping expenses low with earnings being high. b. Learning Curve: maintaining training and continues training of employee’s. c. Good Purchasing approach: acquiring goods or services to accomplish the goals of the firm. . Maintaining latest technology: helps maintain inventory control, which in return helps ensure products to customers. e. Strategic marketing mix to help ensure market leadership f. Superior customer service: series of activities designed to enhance the level of customer satisfaction. Competitive or above average pay, employee advancement, and employee incentivizes. g. Product leadership: concept which describes delivering state of the art products in the market. Discuss the Fruit Guys business strategy. Identify three (3) other businesses that could use the five (5) questions the Fruit Guys used to determine effectiveness and identify three (3) businesses in which the business strategy would not work well. Provide a rationale for your answer. The business strategy that the Fruit Guys uses is the defender strategy. Defender strategy: works best when a business operates in an environment with relatively little uncertainty and risk and high degree of stability. The goal of the defender is to identify for itself a relatively narrow niche in the market and then to direct a limited set of products or services at he niche. After reviewing the website of the Fruit Guys, their niche is to provide fresh â€Å"healthy brain food† as the fruit guys refer to it as such to the premises of the workplace. As healthy foods to the office â€Å"can boost productivity, improve wellness and help companies improve their bottom line†. The Fruit Guys fills thousands of business of businesses in America with seasonal fresh fruit varying from small family businesses, to major Fortune 500 companies. With their customers sharing their idea on health, and the environment, this helps bring stability to the company, while their employees bring in pride, giving high productivity levels. The five questions that the Fruit Guys have based their strategy on is: I. Have we been respectful to the people we work with employees, coworkers, and customers? II. Have we been responsible to their needs? III. Have we been realistic with them about what we can or cannot do? IV. Can we take personal responsibility for the situation? V. Are we going to be remembered positively? Three companies that could use the five questions to work for their businesses are: a) Car Dealerships (especially Used Car dealerships) b) Construction Companies c) Cleaning Company Three Companies that would not benefit from the use of the five questions are: a) Jc Penny’s b) Walmart c) BJ’S Wholesale Club (ex: Costco) My reasoning behind my choices for the use of the five questions are these companies are more hand’s on with their companies, and actually rely on word of mouth business and repeat business. Without these referrals and repeat business these companies would have to rely a lot on marketing and advertising strategies. My reasoning behind my choices for these businesses that would not benefit from the five questions is because these companies are very well expanded. With many stores in many different locations of one state and through-out many states these companies do not rely on word of mouth or repeat business. As their marketing strategies, advertising strategies, and sales are what continuously brings in repeat customer, and new customers.