Saturday, January 18, 2020
Case Briefs
Case1 Plaintiff(14) VS Defendant(11) February 20th 1889 Fact: Two boys were in a same high school of the village of Waukesha. 11 years old boy kicked another 14 years old boy which caused the boy never recovered the use of his limb. The former was sued by the latter for $2800. Issue: whether a person who unintentionally hurt another person is liable for the harm through intentional harm. Holdings: the jury rendered a verdict for the plaintiff of $2800. Rationale: the touch was the exciting or remote cause of the destruction of the bone.The case was a case of torts and it related to the assult and battery which the defendant should pay money for the plaintiff. The defendant has no proof of any other hurt, and the medical testimony seems to have been agreed that this touch or kick was the exciting cause of the injury to the plaintiff. Case2 Plaintiff Ralph Edward DAVIS VS Defendant Walter Calvin WHITE ,Jr. September 10,1977 Facts : White had obtained a gun in anticipation of shooting T ipton in an argument ,but missed and shot Davis in the stomach who was washing cars in front of his motherââ¬â¢s house on Fairmont Avenue in Richmond ,Virginia.Issue: whether an action based upon a willful and malicious injury by the debtor to another person is nondischargeable in bankruptcy. Holdings: the debt resulting from that act is nondischargeable in bankruptcy. Rationale: Every person is liable for the direct ,natural and probable consequence of his acts, and that every one doing an unlawful act is responsible for all of the consequential results of that act. The evidence here clearly show that the shooting was a wrongful act intentionally done and Davisââ¬â¢s injuries resulted from that act.And the debts results from that act. If one intentionally commits an assault or battery at another and by mistake strikes a third person, he is guilty of an assault and battery of the third person. Case3 Plaintiff Dan R. CULLISON vs Defendant Ernest MEDLEY February 2,1986 Fact: Cul lison encountered 16-year-old Sandy in a Linton, Indiana, grocery store parking lot and invited her to his home. Sandy didnââ¬â¢t come alone ,instead father Ernest and other family members accompanied her. He was berated and felt threatened since then.Increase fear from that incident lead him to serious psychological problems and affect his normal life. Issue: were the actions of threatening sufficient for reasonable people to apply battery. Holdings: It is error for the trial court to enter summary judgment ,which means that the appellant will get another trial. Rationale: Ernest kept grabbing at the pistol as if he were going to take it out, which gives Cullisonââ¬â¢s the apprehension of being shot or injured an assault constitutes a touching of the mind, if not of the body. The tort invades the plaintiffââ¬â¢s mental peace.Case4 Plaintiff John Robert DICKENS (31) vs Defendant Earl V. PURYEAR and Ann Brewer Puryear (18) April 2ed 1975 Fact: Dickens was beat into semi-cons ciousness and threatened to leave the state of North Carolina after lured into rural Johnston county by defendants, husband and wife . Ann Puryear and Earl Puryear appoint four men to inflict assault on him. Dickens then filed his complaint on 31 March 1978 for his physical injury and emotional distress. Issue: whether a threat or attempt to show violence constitutes assault.Holdings: plaintiffââ¬â¢s recovery for injuries ,mental or physical, caused by these actions would be barred by the one-year statute of limitations. Rationale: ordinarily mere words, unaccompanied by some act apparently intended to carry the threat into execution, do not put the other in apprehension of an imminent bodily contact ,and so cannot make the actor liable for an assault. Case 5 Plaintiff Eckert vs Long Island R. Co. November 26 1867 Fact: The deceased ,Henry Eckert, successfully saved a child near the main track but was stuck by the locomotive and received such injuries as to kill himself.Eckert ,t he wife ,acted as administratrix sued the Long Island R. Co. ,tending to prove that the cars were running improperly. Issue: whether a person who voluntarily place himself in danger to save a child is liable for negligence Holding: principles of law cannot yield to particular case, which means the intestate is liable for negligence. Rationale;as a reasonable prudent person who has the full knowledge and apprehension of the risk incurred ,the act of saving others ,which is not a duty imposed by law ,cannot relive him from negligence.The cars were being run at a very moderate speed, not over seven or eight miles per hour, that the signals required by law were given and that the child was not on the track over which the cars were passing, but on a side track near the main track. The company is not the insurer of ,or liable to those who ,of their own choice and with full notice, place themselves in the path of the train and are injured. Case 6 Plaintiff Cooley vs public Service Co. Nove mber 29. 1935Fact: During a heavy storm, several of the Public Service wires broke and fell to the ground and one of it which carried a voltage of about 1300 came into contact with the telephone messenger ,Cooley. The contact created violent agitation in the diaphragm of the receiver and a loud explosive noise. Cooley suffered from traumatic neurosis and loss of sensation on the left side. She claimed that it the defendantââ¬â¢s consequent duty to maintain such devices at cross-overs as would prevent falling wires from coming into contact with a telephone wire.Issue: whether the harm caused indirectly of the company is responsible for the negligence . Holding: a verdict should have been directed for the defendant. Judgment for the defendant. Rationale: To the extent that the duty to use care depends upon relationship the defendant's duty of care towards the plaintiff is obviously weaker than that towards the man in the street. The defendant's duty cannot, in the circumstances, be to both. If that were so, performance of one duty would mean nonperformance of the other There was no least evidence to show the plaintiff suffered an electric shock.There was evidence that baskets and similar devices were used by the Telephone Company, some years ago, for the protection of their wires at cross-overs. Case7 Plaintiff Andrews vs Defendant United Airlines. Inc. Fact: A briefcase fell from an airplaneââ¬â¢s compartment injured Billie Jean Andrews seriously. No one knows what caused the briefcase to fall. She claimed that the airline didnââ¬â¢t prevent the foreseeable injury. Issue: whether safety measure is enough and the airline is responsible for the injury.Holding: summary judgment was reversed ,which means a new trial. Rationale: the United has failed to do all that human care ,vigilance, and foresight reasonablely can do under all the circumstances. Case8 Roberts v. Ring Facts: Ring was a 77 years old man driving south on a much traveled street in Owatonna , and he passed clear over a boy who ran into his way ,crossing the street to the west . Issue: An old man was not alert enough and failed to stop his car while he saw the boy, is that enough to raise an issue of his negligence.Whether a boyââ¬â¢s age should be taken into consideration when it comes to contributory negligence. Holdings: The old man is responsible for negligence. Rationale: the boys age should be taken into consideration . D failed to stop his car, the infirmities weighed against him. Care was required to avoid injuring other travelers. Case9 Daniels v. Evans Facts:19 years old Daniel was died in a collision of his motorcycle and Evansââ¬â¢ automobile at Lebanon on August 4. 1962. Issue: minor engaged in activities undertaken by adults, whether the standard of care to minors still prevails.Holdings: a minor operating a motor vehicle, whether an automobile or a motorcycle, must be judged by the same standard of care as an adult and the defendantââ¬â¢s objecti on to the Trial Courtââ¬â¢s charge applying a different standard to the conduct of the plaintiffââ¬â¢s intestate was valid. Rationale: when a minor engages in such activities a s the operation of an automobile or similar power in driven device, he forfeits his rights to have the reasonableness of his conduct measured by a standard commensurate with his age and I thenceforth held to the standard as all other persons.All drivers must, and have the right to expect that others using the highways , regardless of their age and experience, will, obey the traffic laws and thus exercise the adult standard of ordinary care. One cannot know whether the operator of an approaching automobile is a minor or an adult ,and usually cannot protect himself against youthful imprudence even if warned. Case10 Wood v. Boynton and another. Facts: the plaintiff was the owner of a small stone ,which turn out to be a rough diamond and worth more than $700 ,but she tendered it to the defendants ,who are p artners in the jewelry business in December,1883 ignorantly for $1. 0. she asks to recover the possession of that uncut diamond of the alleged value of $1000. Issue: whether inadequacy of price by the mistake of the vendor can still entitle her to rescind the sale and so revest the title in her. Holdings: There is no ground for a rescission of a sale and the circuit court affirmed the judgment. Rationale: There is no evidence of fraud or warranty in that sale. It is her own mistake for selling it without further investigation about the intrinsic value. The facts known to both parties is on equal basis, and the buyer didnââ¬â¢t exert influence on her sale.Case11 Anderson v. Backlund Facts :in the written lease, a written lease defined the tenancy of the Defendant, who was a tenant on a 640-acre farm owned by the plaintiff. In an oral agreement, the defendant agreed to buy 100 head of cattle and bring upon the farm and consume good pasture thereon ,while he purchased 7 more ,and th e defendantââ¬â¢s promise on his side failed accordingly. The plaintiff want to recover the promissory note. Issue: whether the oral advice can constitute a contract. Holdings: The learned trial court right directing a verdict.The plaintiffââ¬â¢s counterclaim falls. Rationale: There is lack of mutual assent to the same proposition and the language is too indefinite and general as to the usual elements of a contract. The minds of the parties never net upon the essential terms. Case12 The superintendent and the trustees of public schools of the city of Trenton v. IRA Bennett and Aaron Carlisle Issue: The house falls down before its completion ,solely by reason of a latent defect in the soil, and not on account of faulty construction, whether the loss falls upon the builder or the owner of the land.Facts: The covenant of Everham and Hill was to build , erect, and complete the school-house upon the lot in question for the sum of $2610,the whole price was to be paid for the whole b uilding and the division was into installments to aid the completion of the work. But the house falls down before completion as a result of a latent defect in the soil. Holdings: it was overruled by the court, which means it is the defendants who need to shoulder the responsibility.Rationale: if a party enter into an absolute contract, without any qualification or exception, and receives from the party with whom he contracts the consideration of such engagement ,he must abide by the contract, and either do the act or pay the damages. He that agrees to do an act should do it, unless absolutely impossible. He must overcome all the difficulties and do everything necessary to erect and complete the building. The destruction of the incomplete building was neither caused by a sudden tornado nor a latent softness of the soil. It can be done.The defendants doesnââ¬â¢t do enough. ?&! , :What if the land belong to the government and both side are contractors? Can the contractor get the tot al sum of money? They cannot ,because they do not actually finish it . if so ,it is not equal, the defendant didnââ¬â¢t get all the consideration instead they should pay for the loss caused by nature. Isnââ¬â¢t it common sense to do some investigation on the soil before building? Case13 Vickery v, Ritchie Facts: Two parties acted honestly and in good faith of their contract to complete a building on a lot.However the discrepancy between two writings, $33721 on the plaintiffââ¬â¢s side and $23200 on the defendantââ¬â¢s side, invalidate their express contract. The plaintiff asked to recover a balance of $10467. 16. Issue: The architect make the fraud and lead to a mutual mistake on both sides and the failure of the contract, whether implied contract or compensation is liable when the supposed one failed Holding: the plaintiff is entitled to recover the fair value of his labor and materials. Rationale: The mutual mistake in this particular left them with no express contract by which their rights and liabilities could be determined.The law implies an obligation to pay for what has been done and furnished under such circumstances. When the whole contract will fail . the parties may have reasonable compensation for what they have done in reliance upon it ? &! they should cry on each othersââ¬â¢ shoulder as they are both victims. I am satisfied with what the judge has done. But the architect shouldnââ¬â¢t escape. Case14 Hertzog V. Hertzog Facts: the son asserted that he remained in the employment of his father until he was about forty years old and they lived together the most of the time even after the son got married.The son also claims that he lent$500 of his wifeââ¬â¢s money to his father. The son asked his father to pay. Issue: family association involved ,whether a contract of hiring applicable when it is evident but no evidence to define the work between father and son. Holdings: Judgment reversed and a new trial awarded. The plaintiff is not winning yet. Rationale: There was no express contract or sufficient proof to define hiring. ?&! : They should consider the situation. What if the son lives like parasites and annoys the parents a lot? What if the father is cruel and treated family members as slaves?Surely such kind of evidence could be found. When the father dies ,where is his heritage ? and if the son will hesitates that, why shall he complain? Case15 Cropsey v. Sweeney Facts: the plaintiff ,Eliza Ann Cropsey married James Ridgeway on the 25th of august,1821, remarried him in the year of 1825 after James got a divorce with his ex-wife whom he separated since 1815 and lived with him till 1847 when he passed away. At the first marriage, James was a carpenter and builder and worth about $1000. while ,at the time of his death ,it is more than$150000.Both of James descendants claimed the whole of his estate. Later, the plaintiff demanded judgment for $40000. However the defendant demurred that the complaint does not constitute any cause of action. The defendant appealed to the general term. Issue: whether she should be paid for the work she did if she is not a legal wife. Holdings: the order of the special term overruling the demurrer must be reversed and the plaintiff losses. Rationale: there is no express promise pretended in the complaint. The plaintiff was standing in the suppose relation of wife and the her marriage is not valid.Her own story of devoted faithful love and services as a wife and mother cannot permit us to say that she is legally entitled to receive pay for those services as a servant. Q&! stupid law.!!!! !!! How could they make such things happen and happen again? Isnââ¬â¢t there a policy to permit or prevent illegal marriage or make it legal ? The so called law cannot give her justice because it cannot get out of this dilemmaââ¬âshe is a wife, yes, but it is not legal, so she failed. She is servant ,no ,because she is a supposed wife, she failed the complaint again. The first marriage is done ,why she is still not an lawful wife?Rings, children ,canââ¬â¢t they served as evidence to constitute implied contract or something? Case16 Shaw v. Shaw and another. Facts: The plaintiff ,then Mrs, Moseley , accepted Percy John Shaw ââ¬Ës proposal and married him on December 10 ,1938. For 14 years they lived as husband and wife at Cannock, during which time the plaintiff advanced to Shaw in varying sums about 250pounds to buy stock, to assist him in acquiring land ,and to pay for agricultural machinery. When Percy died intestate , her distribution of assets was delayed because Percy ââ¬Ës lawful wife was still alive.In 1939 the plaintiff by her reply alleged fraud. Since the alleged promise was unenforceable ,she appealed. Issue: The promisor is not able to go through a lawful marriage and only he knows the fact, whether a breach of promise can apply. Holdings: she is entitled to get a fair sum of 1000pounds as damages. Rationale: The plaintiff d id not know that the defendant was married ,and did not know that his promise might be contrary to public policy. The promisor knew the facts but promised that he is a widower. In that marriage, the plaintiff used her savings for his affairs and served as a wife for 14 years.Q&! : How much would he pay a call girl for one night? How could a wifeââ¬â¢s damages be valued? What is immoral or unlawful? Case17 Noble et al . v. Williams et al. Facts: the plaintiffs were hired to teach the public school in Jackson, ky ,for the fall term of 1908. The school failed to pay the rent and buy supplies. In order to conduct the teaching ,the teachers paid. They want to recover the rent. Issue: whether they voluntarily paid the rent which is not included in the teaching contract could still recover that money? Holdings: judgment affirmed ,the plaintiffs failRationale: the school abide by the teaching contract . The teachers voluntarily paid an obligationn which was not theirs . ?&! maybe the Jud gment is right. But it encourages people to mind their own businesses in the future. Case18 Sommers v. Putnam county board of education et al. Facts: Plaintiff ,father of 4 minor children of compulsory school age and taxpayer of Riley township ,Putnam county, Ohio filed a petition in the court of common pleas of Putnam county, praying for a money($397)judgment against the Putnam county board of education and the township board of education . he petition avers that ,by reason of the failure ,neglect, and refusal of said defendants in error, and each of them, to provide high school work within 4 miles of his residence, or to transport his 4 children to high school, or to provide and furnish board and lodging for his children ,the plaintiff was compelled to and did transport his 4 children to and from his residence to said high school for some days.Issue: whether the quasi contract apply and therefore is entitled to compensation when the parent perform an act of beneficial intervention in the discharge of the school boards legal obligation to provide transportation or access for children to high school ? Holding: the demurrer will be overruled and plaintiff is entitled to receive a money reimbursement. Rationale: in the syllabus,â⬠if a board of education in a district fails to provide sufficient school privileges for all the youth of school age in the district ,a mandatory duty rests upon the county board of education to provide same access to children . As the performance of that duty by parent is beneficial to school boards who failed to do that ,the parent is entitled to compensation. The fact that ,at a little different stage in proceedings, mandamus would lie is no answer to the argument of the plaintiff here that, when he has expended money, time, and effort in performing a duty enjoined by statute upon the boards ,he can receive a money reimbursement.
Friday, January 10, 2020
How International Differences in the Ownership and Financing Essay
Explain how international differences in the ownership and financing of companies could lead to differences in financial reporting. There are major international differences in accounting practices whereby different companies in a country may use different accounting systems. This differences between companies mainly influenced by a companyââ¬â¢s country, size, sector or number of stock exchange listings. It is very significant that banks are the capital provider for small family-owned business in Germany, France and Italy. However, in the United States and the United Kingdom there are large numbers of companies that rely on millions of private shareholders for finance. There are three type of financial system has been formalized by Zysman which are capital market system, credit-based government systems and credit-based financial institution systems. These types could be simplified further to ââ¬Ëequityââ¬â¢ and ââ¬Ëcreditââ¬â¢. In United States and United Kingdom, companies are finance by investors rather than by individual shareholders. So, in these countries with a widespread ownership of companies by shareholders who do not have access to internal information, there will be a pressure for disclosure, audit and fair information. Thus, this will lead to a different financial reporting. On the other hand, in ââ¬Ëcreditââ¬â¢ countries, few of the listed companies are dominated by bankers, governments or founding families. In Germany, important owners of companies as well as providers of debt finance are the banks. Besides that, listed companies in continental European countries are also dominated by banks, governments or families where the information published is not so detail. Hence, this can automatically lead to differences in financial reporting. In addition to that, most continental European countries and in Japan, the external financial reporting has been created for the purpose of protecting creditors and for governments due to the lack of ââ¬Ëoutsiderââ¬â¢ shareholders. So, due to the greater important creditors in these countries, it leads to more conservative accounting. This is because creditors want their money back if companies suffer losses or damages, whereas shareholders may be interested in an unbiased estimate of future prospects. Hence, this could lead to some differences in financial reporting.
Thursday, January 2, 2020
Derechos migratorios de padres de ciudadano de EE.UU.
En la actualidad, ser padre o madre de un ciudadano americano menor de 21 aà ±os no da lugar a ningà ºn derecho desde el punto de vista de las leyes migratorias de Estados Unidos. La respuesta es muy clara y no admite lugar a interpretaciones. No hay derecho a quedarse en Estados Unidos por esta razà ³n ni tampoco a sacarà una visa por el mero hecho de ser el papà ¡ o la mamà ¡ de un nià ±o o nià ±a que es estadounidense. Es otras palabras, no es suficiente tener un bebà © en Estados Unidos Unidosà para emigrar legalmente. Ademà ¡s, dependiendo de los casos puede ser un problema para los padres que desean renovar sus visas de turista. En este artà culo se informa sobre los distintos supuestos que pueden darse cuando unas personas extranjeras tiene un hijo que tiene ciudadanà a estadounidense. Quà © pasa si estando en Estados Unidos se tiene un hijo Si una mujer extranjera da a luz en Estados Unidos, su hijo es ciudadano de Estados Unidos salvo en el caso de que sea hijo de padre o madre diplomà ¡tico que està ¡ en el paà s en esa funcià ³n. La ciudadanà a estadounidense por nacimiento en el paà s, que tambià ©n se conoce como ius solii, se produce con independencia del estatus legal de los padres, en otras palabras, no importa si son indocumentados. En estos casos el bebà © tambià ©n adquiere la ciudadanà a.à Ni siquiera sirve para proteger frente a una posible deportacià ³n.à Pero lo que no pasarà ¡ es que los padres puedan cambiar su estatus migratorio por razà ³n del nacimiento. Si son indocumentados, seguirà ¡n siendo indocumentados. Ademà ¡s, para evitar perder la custodia de los nià ±os en caso de detencià ³n por estar indocumentado, es altamente recomendable explorar la posibilidad de hacer unà poder de representacià ³nà (power of attorney)à en previsià ³n de que se pueda dar esa circunstancia. Por otro lado, los padres del bebà © nacido en EE.UU. està ¡n en el paà s legalmente con una visa temporal como, por ejemplo, de trabajo o de turista, deberà ¡n conservar el visado para no perder su estatus y salir dentro del plazo autorizado para permanecer en el paà s. Padres que regresan a su paà s de origen con hijo nacido en EE.UU. El padre o la madre no tienen derecho a conseguir ningà ºn tipo de visado o de tarjeta de residencia por razà ³n del nià ±o. Pueden solicitarla, pero sà ³lo le serà ¡ concedida si reà ºnen por ellos mismos los requisitos para su obtencià ³n. En otras palabras, si por ejemplo, solicita un visado de turista, deberà ¡ ser considerado elegible y admisible. En caso contrario la peticià ³n serà ¡ rechazada. Y asà sucede con todas las visas. Por otro lado, el nià ±o que nacià ³ en Estados Unidos conserva su ciudadanà a aunque nunca regrese a vivir a su paà s de nacimiento, ya que esa no es causa para perder la nacionalidad americana. Si se desea solicitar un pasaporte para el menor o algà ºn tipo de documentacià ³n pueden pedirle un acta o certificado de nacimiento, que puede conseguirse desde el extranjero. Lo que sà sucederà ¡ es que de acuerdo a las leyes actuales, si el nià ±o nacido en Estados Unidos vive toda su vida en el extranjero entonces con el paso del tiempo no podrà ¡ transmitirle su nacionalidad americana a sus propios hijos nacidos tambià ©n fuera de USA. Y es que para que pueda funcionar ese tipo de transmisià ³n derivada de la nacionalidad se requieren ciertos aà ±os de residencia en EE.UU., que varà an segà ºn se trate del padre o la madre y de si està ¡n solteros o està ¡n casados. Quà © pasa si el hijo es estadounidense aunque haà nacido en el extranjero Hay casos en los que un nià ±o/a nacidos en el extranjero son estadounidenses y asà consta en el Reporte Consular de Nacimientos en el Exterior. Si la ciudadanà a se da porque sà ³lo uno de los padres es estadounidense, el otro no puede reclamar ni una tarjeta de residencia ni una visa para los Estados Unidos argumentando que tiene un hijo americano. Sà ³lo puede obtener documentacià ³n para viajar de dos formas. En primer lugar, para emigrar definitivamente por medio de una green card, sà ³lo puede hacerlo si reà ºne por sà mismo los requisitos para sacarla o si està ¡ casado con un estadounidense que le pide.à En segundo lugar, si es para viajar temporalmente a Estados Unidos, sà ³lo podrà ¡ sacar una visaà no inmigrante tipo turista, estudiante, intercambio, trabajo, etc. si califica por sà mismo y cumple con todos los requisitos. Quà © pasa cuando el hijo estadounidense cumple los 21 aà ±os de edad El ciudadano americano que es mayor de 21 aà ±os puede solicitar la tarjeta de residencia para sus padres. Si bien deben darse los siguientes requisitos: Vivir en Estados Unidos, ya que se trata de una visa para reunificacià ³n familiar.Tener ingresos para patrocinar suficientes.Firmar un affidavit of support o juramento de apoyo econà ³mico de sus padres.Ademà ¡s, es necesario que el padre o la madre que quieren gozar de este beneficio no incurran en ninguna de las circunstancias por las que se puede rechazar una peticià ³n de tarjeta de residencia permanente. ââ¬â¹ Si el padre o la madre se encuentran ya en EE.UU e ingresaron ilegalmente al paà s entonces hay un problema grande ya que no puede ajustar el estatus.à En estos casos, antes de presentar los papeles es recomendable consultar con un abogado ya que en la mayorà a de los casos, en la prà ¡ctica, no va a ser posible arreglar los papeles.à Pero como cada caso es à ºnico, tener en consideracià ³n que en ocasiones es posible pedir un perdà ³n provisionalà por dureza extrema,à tambià ©n conocido como waiver y asà sacar la green card, aunque seguirà aà siendo necesario viajar fuera de EE.UU. para una entrevista en el consulado. Caso de hijos abandonados o abusados por sus padres Si el hijo o la hija obtienen los papeles por medio del programa de Estatus Especial de Inmigrantes Juveniles (SIJ), los padres nunca jamà ¡s podrà ¡n obtener beneficios migratorios por peticià ³n del ese hijo. Caso de hijo nacido en EE.UU y padres estaban en el paà s con visa temporal No es infrecuente que una mujer embarazada ingrese a Estados Unidos y dà © a luz a un bebà © que, por derecho de suelo, adquiere la ciudadanà a estadounidense. En estos casos es importante pagar los gastos del parto porque si no se hace, lo harà ¡ Medicare, un programa del gobierno federal de los Estados Unidos. Hacer esto es considerado como cargaà pà ºblica y, por lo tanto, causa para negar una visa o su renovacià ³n. A veces pasan aà ±os antes de que el problema se detecta, pero si el consulado o los agentes en el paso migratorio determinan que se tiene un hijo estadounidense y se sospecha que no se ha pagado por el gasto hospitalario entonces se puede negar la visa, cancelarla y, en el caso de estar en la frontera, prohibir el ingreso a Estados Unidos. Curiosidad sobre los apellidos hispanos en USA à Aunque en las à ºltimas dos dà ©cadas la migracià ³n ha llegado a niveles histà ³ricos realmente altos lo cierto es que a dà a de hoy la mayorà a de los hispanos son estadounidenses ya nacidos en el paà s.à Debido a los altos nà ºmeros de los flujos migratorios y de nacimientos, los latinos somos en la actualidad la mayor minorà a, habiendo pasado en nà ºmero a los afroamericanos. Una prueba de esta importancia demogrà ¡fica se encuentra en el censo, donde casi una veintena de apellidos latinos se encuentran entre los 100 primeros e incluso 2 està ¡n en el top 10. Este es un artà culo meramente informativo. No es asesorà a legal para ningà ºn caso concreto.
Tuesday, December 24, 2019
Reflective Reflection On Reflections - 1118 Words
Reflections Thunder crashed all around making the ground shake. I was running late as usual, but this time I was not sure what I was late for. The ground was uneven as I ran to my destination; whether that was home or work I can not quite remember. Consequently, I just knew I needed to arrive there and quickly. Thunder boomed again, but this time it was different. Ahead a flash of lightning struck, blinding me, causing my eyes to close for a split second, then I felt a breath of air tickle my neck. I shut my eyes tight, terrified to turn around as goose bumps crawled up my arms. Nevertheless, I turned around slowly opening my eyes, but there was only darkness surrounding me. Gasping, I turned and sprinted the trees rushed past as Iâ⬠¦show more contentâ⬠¦Looking around for any sign of life, the floor creaking with step I took, I came to a black and white striped door with no apparent way to enter. ââ¬Å"Is anyone there?â⬠I called hoping I would not receive an answer. Slowly the door opened with a sigh and light beamed from the inside. Objects started to move rapidly as the door spun out of control. I fell to my knees, overcome with fatigue and dizziness. When it passed a new door stood in front of me though this time it was as tall as a toddler. Curious, I made myself as tiny as I could wondering if I could fit. One arm made it through the door when suddenly the sound of a chainsaw echoed throughout the hall. Too late I realized it was coming from the door. A scream of agony escaped my mouth as the chainsaw penetrated my skin and slowly sawed my arm in half. ââ¬Å"Stop! Please make it stop!â⬠I could not handle it any longer as the pain shot up my whole body. Then, with a loud clunk my arm landed on the floor next to me. The pain from my arm numbed me to the bone, tears streamed down my face finally turning into a waterfall of tears. ââ¬Å"Hmm. Melody, I like the taste of that name,â⬠a silky voiced resonated around me. Twisting my head in the direction of the voice I looked for the source but was unable to find one. ââ¬Å"W-w-who are you?â⬠I wailed. ââ¬Å"Nobody of importance my dear.â⬠Pain still coursing through me, I delicately rose fromShow MoreRelatedReflective Reflection1266 Words à |à 6 Pagesevaluate key academic sources linked with reflective practice, these include models by Gibbs, Kolb and Schon. One of these reflective models will be used to provide a critical analysis of my experience on the Study Skills and Employability module. Critical reflection will be included on how I felt during the module and what I have learnt from the module as well as what I would do next time if I was to repeat the module again. Reflection/ Reflective practice Reflection involves looking back on an experienceRead MoreReflective Reflection895 Words à |à 4 PagesI do not recall learning about reflective practice in my undergraduate studies. Reflective practice according to Barbour (2013), ââ¬Å"is the cyclic process of internally examining and exploring an issue of concern, triggered by an experience, which creates and clarifies meaning in terms of self, existing knowledge, and experience; resulting in a changed conceptual perceptive and practiceâ⬠(p. 7). According to Barbour (2013), reflective process has many positive outcomes to help guide the nurse to becomeRead MoreReflective Reflection819 Words à |à 4 PagesThis reflective essay will be adopted from Rolfe, Freshwater and Jasperââ¬â¢s (2001) reflection model. This reflection is based on a case study that I have read and will be based on the intervention I have chosen to treat the patient. Mr. Castello was admitted to the ward for observation after a fight and sustainin g a laceration to his right forehead from a beer bottle and extensive bruising and scratches to his left arm. Mr. Castello had a pre-existing chest infection, Type 1 Diabetes Mellitus (DM)Read MoreReflection Of Reflection And Reflective Practice1584 Words à |à 7 Pagesdemonstrate my understanding of reflection and reflective practice. Reflection means that we learn by thinking about our experiences and seeing them in a different way. (Dewey, 1938) suggested that, ââ¬Ëwe learn by doing and realising what came of what we didââ¬â¢. Nurses experience physical, hands on, during their roles, but unless they search for the knowledge that comes from realising what came of what they did, then practice standards will deteriorate. Reflective practice is vital for nurses, responsibleRead MoreReflective Reflection1277 Words à |à 6 Pagesduring my staying, I understood that it would be challenging to fulfill all my learning needs in such a short time, though now looking back at my initial plan, I see that in fact I have learnt and discovered much more than I expected. Therefore, my reflection essay is multifaceted and demonstrates all the aspects which I have developed and discovered for myself during the studying, such as knowledge, skills, understanding and attitudes. Initially, I wanted to develop my conceptual understanding of myRead MoreReflective Reflection : Reflective Learning913 Words à |à 4 PagesReflective learning leads to the growth of an individual both in the personal and professional life supporting him morally, emotionally and psychologically. Reflection learning can help us better understand our strengths and weakness. It also helps us identify our questions values and beliefs. It encourages acknowledging and challenging possible assumptions on which our feelings, ideas actions and reactions are based. We can identify the areas of discrimination and acknowledge our fears. Also, itRead MoreReflective Reflection On Reflective Practice1474 Words à |à 6 PagesReflection is a form of personal response to experiences, situations and events. Reflective practice therefore is based on experience and instinctive learning that one may not aware of it until responded to the situation. It demonstrates how to combine with ones qualities an d clinical knowledge and skills in order to .deliver safe and effective patient care. (Jones, 2016).Individuals reflects because issues arise that needs to be considered both before and after one performs. The piece of reflectionRead MoreReflective Reflection Of Reflective Practice1896 Words à |à 8 PagesThe general trend for scholars was to either explain or expound on theories of the previous scholars but Professor of nursing Gary Rolfe (2001) designed a reflective model to simplify the learning cycle. This version of the reflective cycle was comprised of three questions that ask the reflective practitioner: What, So what, and Now what? (Rolfe 2001)The idea is that through these questions we gain a description of the situation ultimately leading to critic of the situation as well as the f knowledgeRead MoreReflective Reflection On Reflective Practice1332 Words à |à 6 Pages Reflective Practice in Special Education Using Action Research Sunny Suzanne West St. Josephââ¬â¢s University Course Title Ã¢â¬Æ' Abstract: Reflective Practices in Special Education Using Action Research Title and Link to Study: Promoting Reflective Practices in Special Education through Action Research: Recommendations from Pre-service Teachers; Paula Wenner Conroy http://journals.library.wisc.edu/index.php/networks Research Problem and Purpose of the Study: What is reflectiveRead MoreReflective Reflection748 Words à |à 3 Pagesmany aspects throughout the semester. One general example of this improvement is the vocabulary, where simple vocabulary in the first essay had become more complex by the final essays. Additionally, I also believe that my writing has become more reflective of my actual voice and opinions, an improvement considering my first essays were best described as vague. Overall, it has become apparent to me that my writing overall has improved since taking this class. One of the first compositions that was
Monday, December 16, 2019
The Clast Essay Topics Stories
The Clast Essay Topics Stories Clast Essay Topics Secrets Unfortunately, stumbling in the TMI zone of essay topics is more prevalent than you believe. Thinking positively to motivate one is only the proper action to do when you are requested to compose an analytical essay. Whether it is a poem, a random stream of thoughts, sarcasm, or some other sort of writing so as to feel more creative, it is not always the ideal idea. Make certain you connect the significance of the activity to a particular experience or story to provide the essay direction. Individual schools sometimes need supplemental essays. Students often discover that almost all of their work on those essays is done before they even begin writing. Therefore, many students and employees decide to get low-cost essay rather than writing it themselves. Your response shouldn't be a book report. The main reason is these topics are not that broad or narrow. Make sure you're in a position to cover the complete topic. Choosing good informative essay topics is simple if you understand how to go about doing it. Write a list of three or more key ideas you will contain in your thesis and body paragraphs. The same as the name of the book or a movie says a good deal about it, the topic that you choose will serve to draw the reader. This list of topics may supply a notion you may get excited about. Structural suggestions and transitional clues can help you to learn the components of very good writing. Colleges want a feeling of maturity and introspectionpinpoint the transformation and demonstrate your private growth. They are more likely to admit students who can articulate specific reasons why the school is a good fit for them beyond its reputation or ranking on any list. Students know the way to be creative. They lead busy lives and often forget about an upcoming deadline. There are lots of ways to interpret this type of prompt. This prompt gives you the chance to speak about your passions and display your extracurricular pursuits. Some terrible topics show admissions officers you don't have a very good awareness of judgment or maturity, which is a problem as they are building a category of college students who have in order to manage independent life on campus. In accordance with your impression and comprehension of the text, give the portrait of the very best king. Attempt to conclude with an illustration of the way the failure improved the direction you deal with similar situations now. On the flip side, in case you made a very good choice, focus on what influenced you to make that decision and the way it has changed you. You should have your reasons, and our principal concern is that you find yourself getting an excellent grade. Selecting a major is a significant step for a college student. However, you can be certain that you're getting a fine work for the price tag you're paying. Finish the drills in every single section to practice what you've learned. By applying the reviews together with the practice tests, you will have the ability to sharpen your abilities and pass the CLAST. By studying just a little bit every day, you can get accustomed to the test format and time limits, which will permit you to be confident and calm so you can pass the CLAST. There's, obviously, a limit on the variety of pages even our finest writers can produce with a pressing deadline, but generally, we figure out how to satisfy all the clients seeking urgent assistance. You are going to be notified of the fee when you get your registration material. Simply take the diagnostic tests located in the reviews to learn which sections of the CLAST will offer you the most difficulty. Observing each test, you will discover an answer key with detailed explanations designed to assist you master the test material. Gun ownership ought to be tightly controlled. Topics like death and divorce are cautionary since they can be exceedingly hard to write about. Well, for several of explanations.
Sunday, December 8, 2019
Big Picture Management for Organizational Goals -myassignmenthelp
Question: Discuss about theBig Picture Management for Organizational Goals. Answer: Introduction The role of the manager is extremely important in the achievement of the organizational goals of any organization. the ability of the manager to analyze the big picture helps in the setting of the organizational approach to fit the over market scenario in achieving its organizational goals (Bosch et al. 2007). The big picture perspective in the management analysis scenario stands for the understanding of the overall macro environments and its effect on the different stakeholders affecting the overall business (Quinn et al., 2014). The big picture takes into account the various problems plaguing the organization along with their possible solutions and the ability of the manager to see the prospective changes in the organization to cash-in on the different possible opportunities presented in the market (Mattingly, 2016). the ideas of the manager in this scenario are a result of the out of the box thinking and helps in the envisioning the possible changes for the success of organization in future. Literature Review The different aspects of the big picture vision of the management are heeded in this scenario and the different studies help in the understanding of the big picture and its importance. Role in Organizational Management According to Yaacob, Ali Nayan (2013), The big picture of an association assumes an imperative part in giving understanding into the basic leadership process. Subsequently, this paper explores how specialists and chiefs get the highlights of the big picture, and afterward distinguish related difficulties. Information examination and understanding demonstrate that specialists and leaders pick up the big picture through a procedure of coordinated effort. The outlining system was utilized as a part of the coordinated meetings to speak to mental models which are critical for later use in the outline organize. The understanding of the leadership ideals and aligning them to the employee needs and the organizational goals helps in achieving an overall improved performance by the organization. According to Hahn et al. (2016), the different new innovations in the present digital approach of the different markets and the crowdsource based funding needs a better analysis of the big picture. In the research the different aspects affecting the working environment of the crowdsourcing and its viability in the different work environment today are analyzed to present themselves as the big picture. The article helps in understanding how the application of the big picture helps in planning and utilizing the latest resources for the overall success and development of the business objectives. The different perspectives in the different organizational structures helps in relating to the different organizational perspectives. Role in Innovation According to Basadur Gelade (2006), the organizations today need to compete in the global market and need to implement a number of changes to suit their overall suitability in the management environment. this has led to the introduction of the importance of the unders0tanding of the big picture by the manager as in this the manager not only identifies the problems and threats to the organization but also evaluates a number of innovative ideas to be incorporated in the structure for its overall success. The overall approach of the manager affects not only the overall work environment but also helps in assuring that the employees have job satisfaction and perform better in the organza ion. The analysis of the big picture by the manager helps in developing new innovative ideas for the overall success of the organization (Ellemers, 2013). The ideas on the other hand need to be thought about not only from the perspective of the market but form the view of their alignment to the organizat ional approach and the organizational goals of the organization. the manager in this context needs to understand the different challenged and use a step by step approach to the problems faced. As pointed out by Trimi Berbegal-Mirabent (2012), the new organizations need to understand the market and align the different perspectives based on the demands of the market to better the organization and the understanding of the big picture plays a major role in it. The innovation of new ideas is one of the basic requirements of surviving in the present market and the manager has a major role in it. The innovative ideas and the different economic and the organizational perspectives are to be taken into account for the better understanding to the big picture and its implementation helps the employees focus on the innovative ideas of success. The innovation and the knowledge management are one of the major prospects to be focused on by the different employees of the organization (Sheffield, Sankaran Haslett, 2012). The different perspectives in this context are to be understood by the managers to evaluate the viability of the thought approach. Role in Crisis Management According to Ley et al. (2012), the analysis of the big picture by the manager helps in the crisis management within the organization and helps in developing a number of different and innovative approaches to mitigate the issues. there are a number of scenarios pointed out in the research in which the manager has to develop an approach in the organization in tandem with the different other organizations to find solutions to the impending crisis in the organization. crisis management being one of the important roles of the manager the foreseeing of the crisis and the beforehand planning of the different impending crisis in the organization. According to Matthews (2015), the understanding of the organizational framework has an important role to play in the overall achievement of the goals of the organization. The understanding of the framework or the overall functioning of the organization is an important part of the overall growth of the organization. the manager has an important role to play in the understanding of the framework and the suitability of the employees according to it. Analysis of Literature Review As seen from the different studies the analysis of the big picture by the employees play an important role in the operations in the organization. The different roles of the manager encompass a number of varied areas and has a vital role to play in the overall functioning of the organization. As a manager it is extremely important to understand the different needs of the organization and formulate the overall policies to address the important issues faced by the organization. The crisis management in the organization is one of the most important roles as a manager as any crisis and the overall job-related problems faced by the employees due to it will greatly affect the performance of the organization. the framing of the big picture greatly helps the managers in mitigating the crisis by foreseeing and planning or addressing them with prompt planning and action (Fris Lazaridou, 2017). The thinking and planning is also important to understand the viability of the different plans that a re to be implemented in the real time environments. The application of the different data presented to the managers helps the manager to understand the functioning of the organization and its relative importance to the wanted outcome. In case it is not so more innovative and different methods are implemented and tested in the organization. the overall big picture helps in his evaluation and innovation the big picture in the simulated scenarios against their outcomes in their real time applications helps the managers in understanding its overall success in implementation (Goldsmith, 1996). The managerial role in the organization is to make sure that the needs of the all the stakeholders are addressed and the organizational goals are achieved in the process. As a manager, the analysis also helps in projecting then outcomes of the certain action plans and to ensure its applicability with the wanted outcome of the organization from the process. The organizational structure and the functioning is in the purview of the manager and the framing and understanding of the big picture helps in aiding the functioning of the different layers of the structure (Aguirre-Rodriguez, Bosnjak Sirgy, 2012). The big picture also helps the manager in the overall deployment of the ideas forwarded by the heads of the organization and make sure that they are implemented without hindering the overall functioning of the organization and making necessary interpolations for it. Conclusion Thus, in this essay a number of skill of the manager and its importance in accordance to the formulation of the big picture and its understanding are presented in the essay. I think I have developed a number of abilities in the understating of the big picture and its implementation for the success of the organization as I understand that the implementation of the different innovative strategies is equally important as maintaining the uniqueness and identity of the organization. Moreover, the role of the employees and the external stakeholders as the important factors of the big picture is understood. One of the parts of the big picture I think I cannot properly and fairly implement is the implementation of the managerial roles in the crisis management strategies within an organization. therefore, it is extremely important to focus on the crisis management as an integral part of the crisis management in the current scenario. Nevertheless, the big picture understanding relatively eases the task of the manager and helps him in better management. References Basadur, M., Gelade, G. A. (2006). The role of knowledge management in the innovation process.Creativity and Innovation Management,15(1), 45-62. Trimi, S., Berbegal-Mirabent, J. (2012). Business model innovation in entrepreneurship.International Entrepreneurship and Management Journal,8(4), 449-465. Matthews, J. R. (2015). Assessing organizational effectiveness: the role of performance measures.The Library Quarterly. Bosch, O. J. H., King, C. A., Herbohn, J. L., Russell, I. W., Smith, C. S. (2007). Getting the big picture in natural resource managementsystems thinking as methodfor scientists, policy makers and other stakeholders.Systems Research and Behavioral Science,24(2), 217-232. Mattingly, C. (2016). Accounting for oneself and other ethical acts: Big picture ethics with a small picture focus.HAU: Journal of Ethnographic Theory,6(1), 433-447. Quinn, R. E., Bright, D., Faerman, S. R., Thompson, M. P., McGrath, M. R. (2014).Becoming a master manager: A competing values approach. John Wiley Sons. Ellemers, N. (2013). Connecting the dots: Mobilizing theory to reveal the big picture in social psychology (and why we should do this).European Journal of Social Psychology,43(1), 1-8. Sheffield, J., Sankaran, S., Haslett, T. (2012). Systems thinking: taming complexity in project management.On the Horizon,20(2), 126-136. Fris, J., Lazaridou, A. (2017). An additional way of thinking about organizational life and leadership: The quantum perspective.canadian Journal of Educational administration and policy, (48). Aguirre-Rodriguez, A., Bosnjak, M., Sirgy, M. J. (2012). Moderators of the self-congruity effect on consumer decision-making: A meta-analysis.Journal of Business Research,65(8), 1179-1188. Goldsmith, A. A. (1996). Strategic thinking in international development: Using management tools to see the big picture.World Development,24(9), 1431-1439. Ley, B., Pipek, V., Reuter, C., Wiedenhoefer, T. (2012, May). Supporting improvisation work in inter-organizational crisis management. InProceedings of the SIGCHI Conference on Human Factors in Computing Systems(pp. 1529-1538). ACM. Yaacob, S., Ali, N. M., Nayan, N. M. (2013, November). Understanding big picture and its challenges: experts and decision makers perspectives. InInternational Visual Informatics Conference(pp. 311-322). Springer, Cham. Hahn, N., Chang, J., Kim, J. E., Kittur, A. (2016, May). The knowledge accelerator: Big picture thinking in small pieces. InProceedings of the 2016 CHI Conference on Human Factors in Computing Systems(pp. 2258-2270). ACM.
Sunday, December 1, 2019
Rocky Mountains Or Rockies Essays - , Term Papers
Rocky Mountains Or Rockies Rocky Mountains or Rockies, great chain of rugged mountain ranges in western North America, extending from central New Mexico to northeastern British Columbia, a distance of about 3220 km (about 2000 mi). The Great Basin and the Rocky Mountain Trench, a valley running from northwestern Montana to northern British Columbia, border the Rockies on the east by the Great Plains and on the west. The Rocky Mountains form part of the Great, or Continental, Divide, which separates rivers draining into the Atlantic or Arctic oceans from those flowing toward the Pacific Ocean. The Arkansas, Colorado, Columbia, Missouri, Rio Grande, Saskatchewan, and Snake rivers rise in the Rockies. The Rockies may be divided into four principal sections?Southern, Central, Northern, and Canadian. The Southern Rockies, which include the system's broadest and highest regions, extend from central New Mexico, through Colorado, to the Great Divide, or Wyoming, Basin, in southern Wyoming. This section, which encompasses Rocky Mountain National Park, is composed chiefly of two northern-southern belts of mountain ranges with several basins, or parks, between the belts. The component parts include the Sanger de Crisco and Laramie mountains and the Front Range, in the east, and the San Juan Mountains and the Swatch and Park ranges, in the west. The Southern Rockies include the chain's loftiest point, Mount Elbert (4399 m/14,433 ft high), in central Colorado. More than 50 other peaks of the Rockies rising above 4267 m (14,000 ft) are in Colorado; these include Longs Peak (4345 m/14,255 ft high) and Pikes Peak (4301 m/14,110 ft high). The Central Rockies are in northeastern Utah, western Wyoming, eastern Idaho, and southern Montana. They encompass the Bighorn; Bear tooth, and Unite Mountains and the Absaroka, Wind River, Salt River, Teton, Snake River, and Wasatch ranges. The Unite Mountains are the only major portion of the Rockies that extends east west rather than north south. Among the peaks of the Central Rockies, which include Grand Eton and Yellowstone national parks, are Gannett Peak (4207 m/13,804 ft high), Grand Eton (4197 m/13,771 ft high), and Fremont Peak (4185 m/13,730 ft high). The Northern Rockies are in northern Idaho, western Montana, and northeastern Washington. They include the Saw tooth, Cabinet, Salmon River, and Clearwater Mountains and the Bitterroot Range. The loftiest points in the section, which includes Glacier National Park, are Granite Peak (3901 m/12,799 ft high) and Borax Peak (3859 m/12,662 ft high). The Canadian Rockies, located in southwestern Alberta and eastern British Columbia, are composed of a relatively narrow belt of mountain ranges that terminates at the Lizard River lowland in northeastern British Columbia. The peaks of the section, which takes in Banff, Jasper, Kootenay, Waterton Lakes, and Yoho National Parks, include Mount Robson (3954 m/12,972 ft high), Mount Columbia (3747 m/12,294 ft high), and The Twins (3734 m/12,251 ft high). Slopes generally are very steep, and there are numerous glaciers. The Rocky Mountains are a geologically complex system with jagged peaks as well as almost flat-topped elevations. The Rockies were formed mainly by crustal uplifts in comparatively recent times, during the late Cretaceous and early Tertiary periods, and later were reshaped by glaciation during the Pleistocene Epoch. Today the Rockies receive moderate amounts of precipitation, most of which occurs in the winter. Lower levels are covered chiefly by grassland, which gives way to extensive forests, principally of conifers. Above the woodland is a zone of grasses and scattered shrubs. Most peaks have little vegetation around the summit, and some have a year-round cap of snow and ice. The Rockies are sparsely populated for the most part and contain few cities. The principal economic
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