The Dimension of Inter-Professional Practice

Introduction This aim of this assignment is to analyse the unique role and contribution of nursing practices within inter-professional jobs and consider how inter-professional practices influence the way we manage the people in our care, using evidence based commentary. Mental illnesses are complex conditions and therefore cannot be managed by one professional. Holistic treatment of mental health patients requires a cohort of clinical professionals (Barker, 2008). For this assignment I chose Gibbs Reflective framework (1988) to enable my personal reflection and to improve my future nursing practice. In accordance with the NMC Code of Practice (2008) names have been changed to comply with confidentiality regulations; Grace will be my client’s name. Inter-Professional Team Working Pollard (2005), defined inter-professional working, as the process whereby members of different professions and/or agencies work together to provide integrated health and social care. Leathard (2003) states inter-professional working implies a group of professionals from different professions engaging in interdependent collaborations with mutual respect to provide integrated health and social care for the client’s benefit., Housley (2003) argues the multidisciplinary team is a group of people of different professions who meet regularly to discuss individual clients. Successful teamwork can have direct consequences for patient care and the inter-collaboration model of healthcare delivery is one of the most important modernisations of the healthcare system in recent years (Humphris and Hean, 2004). Effective team-working produces positive patient outcomes, while ineffectual team-working contributes to negative incidents in patient care (Grumbach and Bodenheimer, 2004). Client background Grace, a 21 year old female, was formally admitted via community mental health nurse due to non-concordance of medication. Grace suffers severe mental illness and personality disorder with a high level of self-harming, poor personal hygiene and inability to perform activities of daily living ADL’s. The Roper, Logan and Tierney model (Bellman 1996) states that 12 ADL’s produce a picture of the person’s lifestyle and these can be used to highlight problems which require nursing intervention. Inter-disciplinary team working and my role in Grace’s care The multidisciplinary review meeting for Grace’s care comprised a consultant psychiatrist,; a psychologist who assessed Grace’s behaviours and gave counselling sessions; social workers who assessed social wellbeing; an occupational therapist who assessed ADL; a dietician and the care-coordinator who was the key-worker involved in Grace’s care when she was in the community. The registered mental health nurse assigned to Grace was my mentor, and I was given the task of shadowing my mentor to assess Grace’s mental state on the ward and monitor any physical changes. The inter-professional team at the review placed Grace on level 3 observation due to her self-harming. Feelings I felt challenged and nervous about shadowing and handling the nursing report during the multidisciplinary team review. However, I realised this is a key role of the nursing professional in an inter-professional team, Davies & Priestly (2006) views nursing handover as vital information about clients under the care of nurses, allowing nurses to improve both the handover process and improve patient care delivery. I felt empathy for Grace, especially her anxiety over the (in her eyes) large number of people (the care team) caring for and deciding her ‘fate’. She shared in her one-to-one sessions that she was nervous of not doing the right things in front of the team and I remember thinking ‘we are both nervous for similar reasons’,, as I was also nervous about what the team thought about me and my practice. I reassured Grace that we were here to help her, using my communication skills to listen and ally her fears. Hamilton et al. (2010) stated listening is an essential skill for a mental health nurse. I felt frustrated within the team, feeling that some members worked toward their own goals rather than collectively aiming to ensure the best holistic care for Grace, which made working within the team challenging. An example of this was the doctor’s decision to exclude Grace from participating in ward activities without assessment from the occupational therapist. This is at odds with the traditional nursing role, which seeks to include the patient both physically and psychologically. I felt that this decision was not in Grace’s best interest, and could prolong her discharge. Evaluation In evaluating my empathy with Grace and her anxiety, I felt there was an understandable connection as we were both in new situations, while too much empathy can lead to difficulties in nursing (Mercer and Reynolds 2002), empathy is an important aspect in nursing. Whitehead (2000) states that one angle of team work that is often neglected is the ‘relationship’ between client and nurse, which she argues is important to ensure positive care outcomes and therefore should not be disregarded within a collaborative framework. After talking to my peers I found that we all felt some anxiety about working within a multi-disciplinary team. In evaluating my time as an inter-disciplinary team member and my anxiety, I realised this eased when roles were defined and responsibilities shared. Ovretveit et al. (1997) asserted that understanding and clarification of roles from the onset is necessary for good team-working and failure to define roles correctly can lead to confusion. My frustrations within the team were in part due to my anxiety of performing poorly in front of my mentor, and my inexperience of working within an interdisciplinary-team. I had little understanding of how the different roles and philosophies of other professionals would need to be compromised to ensure both safety of and good care for Grace and perhaps I placed too much importance on the nursing role without understanding what other professionals brought to the team. Analysis While my empathy can be a positive aspect to my nursing, on reflection, it may have clouded my judgement and my ability to follow the right course of action, given that Grace was known to self-harm. The decisions made by the doctor complied with Local Trust Policy (2010) on self-harming. Furthermore, NICE guidelines (2004) states that staff develop preventative strategies to ensure patient safety in cases of self-harming, by reducing opportunities to self-harm. The inter-disciplinary team decided Grace should not be allowed to participate in ward activities due to risk of self-harm. Through analysis of the team-work shown within this case, I believe that the team showed effective communication, as each professional had a good knowledge of the role they were expected to play in supporting Grace’s care and effective communication is vital in team-working (Ovretveit et al. 1997). My frustrations within the team can be explained by Whitehead (2001) who identified that collaboration work, while beneficial, did have a variety of barriers that could hinder development of close collaborative relationships within the different service provider’s professions, one being that the different professions may have different ideas on patient treatments that are at odds with other professionals within the multi-disciplinary team. While at first I did not understand the challenges that inter-professional working brings and thus did not feel that every member had Grace’s care foremost, after analysing my time within the team, I feel that every member was supportive of each other’s efforts to facilitate Grace’s recovery. Many opportunities were available to discuss concerns over the care-plan such as debriefing, one to one interactions, and supervision, highlighted by Freeth (2007) as vital to ensure good inter-professional development. Barriers to good inter-professional collaborations include poor communication, lack of understanding of other team members’ roles, work priorities and professional hierarchy (Whitehead, 2000), where such issues are apparent, it can be helpful to identify shared goals and voice concerns. Inter-professionals should use clinical judgment that encompasses the best of all team members’ professions in care provision to improve client wellbeing, aid th em to cope with health problems and achieve the best quality of life with their illness (RCN 2003; DoH, 2008). Conclusion In retrospect, I feel the strength of the team was its ability to develop and manage excellent patient-focussed care, resulting from the variety of disciplines, personalities and expertises. I have gained an in-depth insight into the roles and responsibilities nurses have in the development of client-centred care and a better understanding for the other team members professions, which I feel now that I was lacking. This reflective process has helped me gain an understanding of the importance of inter-professional team collaboration in managing clients with self-harm issues using positive practice guidance as stated in the NHS guidelines. Action plan This experience has taught me that inter-professional practices involve effective communication between team members and respect for other professional’s knowledge of client needs. I will seek to gain greater understanding of other clinical roles and what they represent and bring to the inter-disciplinary team. I will undertake personal development and learning by keeping up-to-date with changes in practice, embracing and promoting interpersonal working. This reflective commentary has enhanced my knowledge of inter-professional working, the challenges involved and the importance of communication and compromise, which will contribute to my personal development as a mental health nurse. In respect to my patient centred empathy, I believe this is an important trait in nursing; however, in the future I will temper my empathy with professionalism that focuses on patient safety first. I plan to improve my knowledge and expertise of the roles of other professionals. I will begin by focussing on the respect and value I have of other professionals’ expertise. With respect to my lack of confidence, I shall endeavour to develop confidence in sharing my knowledge in group forums. The placement amplified the importance of identifying and understanding patients’ needs and sharing this understanding with the inter-professional team members in order to facilitate effective healthcare interventions. References Barker. P., (2009). Psychiatric and Mental Health Nursing: The Craft of Caring. 2nd ed. London. Hodder Arnold. Bellman, LM. (1996) Changing nursing practice through reflection on the Roper, Logan and Tierney model: the enhancement approach to action research. Journal of Advanced Nursing, 24(1): 129–138. Davies S., Priestley MJ., (2006). A reflective evaluation of patient handover practices. Nurs Stand. 20(21):49-52. Day, J., (2006). Interprofessional working an essential guide for health and social care professionals. Cheltenham: Nelson Thornes. Freeth, D., (2007). International learning Association for the Study of Medical Education: Edinburgh. Gibbs, G., (1998). Learning by Doing: A Guide to Teaching and Learning Methods. Oxford: Further Education Unit, Oxford Brookes University. Grumbach K, Bodenheimer T. (2004) Can health care teams improve primary care practiceJAMA. Mar 10;291(10):1246-51. Hamilton S., (2010). Rethink, Research and Innovation Teams Report for Nursing and Midwifery Council on nursing skills for working with people with a mental health diagnosis, London Housley, W., (2003). Interaction in Multidisciplinary Teams. Ashgate Publishing Limited: England. Humphris D, Hean S. (2004) Educating the future workforce: building the evidence about interprofessional learning. J Health Serv Res Policy. Jan;9 Suppl 1:24-7. Kozier, B., Erb G., Berman A., Snyder S., Lake R., Harvey S. (2008). Fundamentals of nursing: concept, process and practice. Harlow: Pearson Education Limited. Leathard, A., (2003). Inter-professional Collaboration: from policy to practice in health and social care. Philadelphia: Brunner – Routledge. Local Trust Policy (2010b). Assessment and Management of Service Users Who Self-Harm Policy, Local Trust Mercer, SW and Reynolds, WJ (2002) Empathy and quality of care. Br J Gen Pract. 52(Suppl): S9–12. NHS Choice (2011) NICE (2004), Self-Harm, Clinical Guidelines 16, cited from:http://www.nice.org.uk/nicemedia/pdf/CG16FullGuideline.pdf (Accessed 11/11 2012) NMC (2008), Code of Conduct, Nursing and Midwifery Council, London Ovretveit, J., Mathias, F., Thomoson, T. eds., (1997). Interprofessional working for health and social care. Hampshire: Macmillan Press Limited. Pollard, K., (2005). Interprofessional Working: an Essential Guide for Health and Social-Care Professionals; England, Nelson Thrones Limited. Roper, Logan and Tierney (1996), Whithead (2000) Education, behavioural change and social psychology: Nursing’s contribution to health promotion. Journal of Advanced Nursing, 34(6), 822-832 Whitehead D, (2001) Applying collaborative practice to health promotion. Nursing Standards. 15(20):33-7. Bibliography General Social Care Council, (2006). Code of Practice For Social Workers and Employers. London: GSCC. Golightley, M., (2008). Social Work and Mental Health People. Learning Matters. Barker. P., (2009). Psychiatric and Mental Health Nursing: The Craft of Caring. 2nd ed. London. Hodder Arnold. Taylor. C., Lillis. C., Lemone. P., (2001). Fundamentals of Nursing: The art and Science of Nursing Care, 4th edn, Lippincott, Philadelphia. Thompson I., Melia K., & Boyd K., (2000). Nursing Ethics, London, Churchill Livingstone

Law and morals

Law and morals Part A Law has been defined by Sir John Salmons as the body of principles recognized and applied by the state in administration of Justice. There are two theories on what law Is, the natural law theory and the positivist law theory Lloyd a natural law theorist defined the law as the constant assertion that there are objective moral principles which depend upon the natural of the universe and can be discovered by reason Natural law theorists believe that for law to be valid It must coincide with natural law.Natural law theorist Aristotle describes natural law to be the law of nature. Positivist law theorists such as John Austin would describe law as ‘a law which exists to be law though we happen to dislike It' positivists such as Jeremy Beneath rejected natural law theories, he describes them as ‘nonsense on stilts' his key argument was that natural law was based on principles that could not be proved. Legal positivists believe that a law that is made In a m anner recognized by the sovereign power of the state is valid irrespective of its content.Legal rules have many different characteristics. For example breach of legal rules can result in state sanctions and reoccurred – a S. 47 PAPA 1861 offence carried and a maximum sentence of 5 years. Compliance is not a matter of choice when it comes to legal rules. These rules are imposed upon all members of society. Compulsory compliance applies to judge made decisions as well. The case of R v R established that man could be found guilty of raping his wife, this was a Judge made law.Fuller would argue that this is not valid law as it is retrospective. Legal rules are made and take affect at a precise time. A precedent is created in the Judgment of case and it applies to future cases and rower courts. The legislation will only start to take effect at a precise time for example the Smoke Free Premises and Enforcement Regulations , implemented a ban on smoking in public places , were made on 13th December 2006 but came in to effect on the 1st of July 2007.Phil Harris defines society ‘Morality as a set of beliefs, values, principles and standards of behavior. Compliance with moral rules is voluntary, so people have a choice as to whether or not they follow these. People make personal decisions as to what they consider moral and immoral. Moral duties of Individuals ray. For example some people may believe that abortion is immoral while others consider It acceptable. Moral rules develop gradually. They often stem from religious rules made thousands of years ago.Over time, what society once considered Immoral, can become acceptable. For example attitudes towards homosexuality continue to change Moral rules are enforced Informally , usually through social or domestic pressure for example John terry lost his title as the England football team captain because of his Infidelity Sir John Salmons describes the relationship teen law and morality as two Intersecting circle s, with the Intersection representing laws with moral values and the separate areas for laws and morals with no connection.Many laws have a moral connection such as the law against murdering another person this can be traced back to religious scriptures such as the 10 Commandments and is punishable by a mandatory life sentence Public morality can influence changes in the law, like abortion was legalized by the Abortions Act consenting adults as society changed to accept homosexuality the more law has followed this change by reducing the age of consent to make it the same for trousseaux couples in 2000. Law reform may result from a campaign to change public morality. Howard league for penal reform persuaded the government to take a look at capital punishment.The government refused to change the laws because society considered death penalty to be morally correct. Subsequently a pressure group was set up, during the years of 1955-1957 public opinion was changed by the campaign; and the government introduced laws to abolish the death penalty Public morality can be influenced by law reform such as the Disability Discrimination Act 995 as by the Disability Discrimination Act 2005, which makes it against the law to discriminate against disable people in any areas of employment, education, access to goods, facilities and services and the function of public authorities.It can be argued that legislation is introduced to with the aim of educating the public to recognize morally wrong behavior. Thus demonstrating the convergence between the two Some legal rules appear to have no moral connection. Like the fact that smoking tobacco and drinking alcohol is legal but cannabis is illegal. Road traffic laws such as irking on a yellow line. In Britain there is no Good Samaritan law, however we all have a moral duty to help those around us if they are in danger.For example a passer-by will not be legally held responsible if they don't help someone drowning. But they do have a mo ral duty to help them this was shown in 2007 when 2 Peso's were subjected to bad media and moral outcry when they failed to help a drowning boy. The reason for divergence between moral and legal rules is that the moral attitude might not me widespread and they may not reflect popular morality The UK as a large multicultural, multiracial society, with citizens with different views on politics and religion.For example some people regard abortion as immoral while others see it as acceptable for medical reasons only at the second reading of the human fertilization and embryology bill on may 20th 2008 MSP voted against reducing the current 24 weeks abortion limit to 20 weeks. Therefore demonstrating that although there is a relationship between Law and Morality it will always be partial. Art B The wolfed report was issued in 1957; it was set up to consider the law relating to nonsexual acts & prostitution, also to see the function of the criminal law in such cases. The committee said the function of the law is to pressure public order and decency and to protect citizens from what is offensive or injurious and to provide sufficient safeguards against exploitation and corruption of others, particularly those who are vulnerable.The function of the committee is not to intervene in private life of citizens or to enforce any particular pattern of behavior. The committee made three proposals which were, homosexual acts between two concerting adults should e made legal, soliciting in the streets should be made an offence and selling of services for money should be a private matter. The Hart and Devils debate was prompted by the wolfed report by the wolfed report. The focus of the debate was the extent to which the law can enforce moral rules.Lord Devils set out his view in a book (the enforcement of morals, with Hart setting up his views in his own book that the minority should not be made to conform to the view of the majority when in private. Sir James Stephen argued in his book liberty, equality, fraternity (1874) that o shouldn't attempt to distinguish between self-regarding act and acts which regards others is like an attempt to distinguish between acts which happen in time and acts that may happen in space.The wolfed report supported Harts view that law and morality should be separate, however various cases decided since the report show that Judges are imposing their moral views on their Judgments, for example R v Brown. This is an example of how moral change led to legal change. Devil's views are in line with those of Sir James Stephen, as Devils believed that individual privacy should be respect.

NSA Eavsdropping VS Privacy rights Essay

Abstract The United States government should not have the right to eavesdrop and target U.S citizens because of matter of national security. However if we have nothing to hide from the government, then why we should be afraid of the government eavesdropping on U.S citizens because of a national security reason, if according to the government it is to benefit and protect us? Should we give our privacy rights away for security? â€Å"Once you’ve lost your privacy, you realize you’ve lost an extremely valuable thing.† (Graham B. 1958). In this essay I will talk about the National Security Agency eavesdropping versus privacy rights. I will also discuss whether the National security agency should have or not the right to take U.S citizens digital privacy away in exchange of security. I will also share my opinion on which side I stand and the reasons why I believe so, supported by veridical facts that are known and have been exposed to the light from the United States government. However I will also emphasize the government’s point of view. Last after having both sides perspectives and facts, I will conclude explaining on which side I stand and the reasons why, based on the research that I will provide to the reader throughout the essay. Should the National Security Agency have the right to listen to all digital communications and target all Americans because a matter of â€Å"national security†? In order for the National Security Agency to have complete access to all types of digital communications it w ould need a warrant against all civilians. Therefore if the National Security Agency is really using secret warrants, then it is violating the fourth amendment of the constitution of the United Sates which is the part of the Bill of Rights that prohibits unreasonable searches and seizures, it also requires any warrant to be judicially sanctioned. Under the Fourth Amendment, law enforcement must receive written permission from a court of law, or a qualified magistrate, to lawfully search and seize  evidence while investigating criminal activity. Therefore if the national security is using these warrants against all U.S citizens, then all Americans are being considered criminals by the government. The Bush administration passed through the congress a secret warrant to give through the United States Department of Defense full access and authority to the National Security Agency to eavesdrop on all United States citizen digital communications and databases. Now what is the National Security Agency â€Å"NSA†, and what is the function and purpose of this agency? The National Security Agency is the main producer and manager of signals intelligence for the United States. Estimated to be the largest intelligence agency in terms of personnel and budget, the NSA operates under the jurisdiction of the Department of Defense and reports to the Director of National Intelligence who is Keith Alexander. The National Security Agency is home to America’s code makers and code breakers. The National Security Agency has provided timely information to U.S. decision makers and military leaders for more than half a century. The National Security Agency is unique among the U.S. defense agencies because of the government wide responsibilities. National Security Agency provides products and services to the Department of Defense, the Intelligence Community, government agencies, industry partners, and selected allies. They also deliver critical strategic and tactical information to war planners and war fighters. According to this information that was shared by Keith Alexander in 2009, the National Security Agency clearly has a lot of power, however this power should be used to target potential threats against the U.S citizens, not the U.S citizens. In the past year, the NSA has repeatedly denied that it is collecting data on U.S. citizens. In March 2012, NSA chief Keith Alexander told Congress that his agency doesn’t even have the ability to collect data on Americans. â€Å"The NSA gathers intelligence under Section 702 of the FISA Amendment Act, which allows the NSA to gather data on non-U.S. citizens outside the U.S. It also gathers tens of thousands of â€Å"domestic communications† by and from Americans in its normal gathering of foreign surveillance, according to declassified court finding.† (PBS. 2013). Now we can observe that there is a contradiction in between what the National Security is saying about spying on people, and what many articles are actually saying. However if these accusations from the people are true, how can we be sure and support them  since the National Security Agency is a classified agency that will never disclose this information with the civilians? A former contractor from the National security agency Edward Snowden gave away his liberty and his salary, which was above two hundred thousand dollars a year. Just to tell the world through The Guardian that the National Security Agency was violating the fourth amendment and spying all digital communications and targeting all civilians as high risk targets against the United States. Snowden said he just wanted the public to know what the government was doing. â€Å"Even if you’re not doing anything wrong you’re being watched and recorded,† (CNN. 2013). Snowden told The Guardian newspaper in the United Kingdom that he had access to the full rosters of everyone working at the NSA, the entire intelligence community, and undercover assets around the world. â€Å"I’m just another guy who sits there day to day in the office, watching what’s happening, and goes, ‘This is something that’s not our place to decide.’ The public needs to decide whether these programs or policies are right or wrong,† (The Guardian. 2013). When Edward Snowden issue happened and turned the people’s trust and faith against the government, the people started wondering and researching what were the methods that the government was using to target and spy all digital communications. PRISM, for example, is a clandestine mass electronic surveillance known to have been operated by the United States National Security Agency (NSA) since 2007. The Prism program collects stored Internet communications based on demands made to Internet companies such as Google Inc. The Apple Company just officially announced another source that helps the National Security Agency with data and information, when the iPhone 5s came out they announced that they would be sharing their database with National Security Agency. â€Å"Tim Richardson, District Manager of Apple’s North America Marketing Department admits about the sharing of Database with NSA, he said to Jane M. Agni† (Hackersnewsbulletin. 2013). The National Security Agency has been compiling a special database for over a year now to use with the new Apple technology. This clearly says that through the National Security Agency the government has an extremely high interest on listing and monitoring all communications of civilians. Of course people don’t find this acceptable, neither they can believe anything that leaders from the  government say. Civilians now think that when our leaders like the National Security Agency say nobody is listening to your phone calls, after the facts of the whistleblower, it actually means that all phone calls and digital communications are being intercepted, recorded and saved, then converted to text via a computer software which is PRISM. Prism then converted the txt into a metadata that gets analyzed by a computer algorithm and searched by National Security contractors. The contractors can listen to both recorded and live calls, as well as read emails, chats, financial histories, and then get the secret court rubber-stamp for the secret warrant, which is completely against the fourth amendment. However, the government is completely aware that this is a total violation of the fourth amendment, so they classified it as a matter of national security because they know if Americans realized what they are actually doing they will be upset and take action against it. Even if they spent billions of dollars trying to hide it, at some point the will truth come out. And president Obama said the same thing in 2008, but it seems that he didn’t take his own advice, that he gave to his administration in his first speech as president. Eventually the truth came out even that rumors of these violations were going around Edward Snowden made it official and this created many protests against the government. One of the main groups that took action against it is t he Anonymous group, who are an anonymous group of hackers from all around the world who work together against the government. Their weapon against the government is data information, they hack into classified networks and then they share the information they obtain with everyone. Their emblem is, â€Å"Knowledge is free, we are anonymous, we are a legion, we don’t forgive, we don’t forget, expect us.† If a government cannot be clear and not show their people what they want, then the civilians will stand up against the government and that is what the anonymous group is doing. For example, they are having a march on Washington D.C, and they are expecting 5 million people to show up to show the government how they feel about their acts and violations. If they don’t stop denying what has been clearly shown and proved by people from inside the government the people of the United States will take into consideration other options to change the government and its way of doing things without a permission of consent of the civilians. If we look back to history, every time there has been a revolution it is because  the people were tired of an oppressing government and they took action against it, but at the same time Americans are not focused on what is really happening in the government. They are too focused into what the media is feeding them which is another of the government’s methods to keep people distracted from the violations they are doing, and this is what all these anonymous type of groups are doing, which is to try to wake people up to the reality of all the rights we are losing because of a matter of national security. Internet References ACLU. (2013). â€Å"ACLU sues NSA for massive spying program† American civil liberties of union. Retrieved from https://www.aclu.org/secure/aclu-sues-nsa-massive-spying-program-stand-us CNN. (2013). â€Å"Man behind NSA says he did it to safeguard privacy, liberty. CNN Politics. Retrieved from http://www.cnn.com/2013/06/10/politics/edward-snowden-profile/index.html Electric Frontier Foundation. (2013). â€Å"NSA spying on Americans†. Defending your rights in the digital world 2014. Retrieved from https://www.eff.org/nsa-spying Parks, Alika. (2013) â€Å"NSA wiretapping. â€Å"Government agencies foster unfair economic advantages†. The Huffington Post. September 9 2013. PBS. (2013) â€Å"NSA ability to intercept domestic communications raises more privacy questions† PBS Newshour. Retrieved from http://www.pbs.org/newshour/bb/government_programs/july-dec13/nsa_08-21.html National Security Agency. (2009). Freedom of Information act. Retrieved from http://www.nsa.gov/public_info/foia/index.shtml The Guardian. (2013) â€Å"Latest on the computer analyst whistleblower who provided theGuardian with top-secret NSA documents leading to revelations about US surveillanceon phone and internet communications†. The NSA Files. Retrieved from http://www.theguardian.com/world/edward-snowden Hackers News bulletin. (2013) â€Å" Apple admits, iPhone 5s finger print database to be shared with NSA†.HN Bulletin News. Retrieved from http://hackersnewsbulletin.com/2013/09/apple-admits-iphone-5s-fingerprint-database-shared-nsa.html

Law Questions Assignment Example | Topics and Well Written Essays - 250 words

Law Questions - Assignment Example Reliable has accepted too many contracts and must sub-contract the Grocery Inc. renovation to Casual Handyman. Grocery Inc. was not aware of the sub-contract. When Grocery saw the poor work that was being done and that Casual, not Reliable, was doing the work, Grocery applied for a court order to stop Casual from doing any more work (injunction) and then sued Reliable for breach of contract, seeking specific performance of their contract. Reliable argued that it has a right to sub-contract the work or, in the alternative, to walk away from the contracts obligations because of commercial impracticability. Who wins? Explain your answer. Grocery wins the case because the contract involves personal skills by Reliable or its employees. In addition, no natural phenomenon has occurred after the contract to warrant impractability and this means that Reliable has no defense (Cross and Miller, 2011). 3. Jeff is 17 years old and works in the produce department. He made a down payment on a car that he purchased from Steve at a used car lot. Steve assumed that Jeff was over 18 years old and did not ask for proof of age. Six months after the purchase, Jeff lost his job and could no longer make the $200/month payments. Jeff returned the car to Steve and said he wanted to cancel the contract and that he wanted his money back. What are the possible outcomes? Explain your answers. Steve is likely to accept the car and refund the money. This is because no valid contract existed and this further means that there was no consideration for the payment. Steve therefore owes Jeff the money (Cross and Miller, 2011). 4. Grocery Inc. has a written contract with Cereal Inc. to purchase 20 cases of cereal each month at $22/case. The contract does not state the types of cereal or how the 20 cases will be divided among Grocerys stores. After a flood, Cereal suffers extensive water damage to its warehouse and the contents therein. With the exception of Soggy Flakes,

Nielsen Media Research Case Study Example | Topics and Well Written Essays - 2250 words - 1

Nielsen Media Research - Case Study Example n this paper the author will present different issues that are affecting Nelson Media and forecast on their success story, as well as areas where they need to improve. The different factors of management are looked into and the possible ways of improvement are found out too. There are a lot of environmental considerations that affect Nielsen Media performance. Some of the environmental factors are competition and customer confidence. Customer confidence affects the number of clients that the company has, while competition also affects the profit made by the company. To be able to overcome these issues, the company has to improve the quality of its services which starts with changes in management and the general change in their workforce. When estimating the number of people who watch a show, the company may at times be forced to intrude the privacy of people. For example, in order to know the family members who are watching movie at some particular time, the company has to know what exactly is being shown and who is watching the movie and who is not. This enables them to get confidential information that should not be available to the general public; it is one of the ethical issues that arise for the company consideration. This is avoided by keeping all the clients’ information confidential. The primary issue in this case is the spreading of all the clients’ information across many databases. The complete picture of the client is not achieved; his/her needs are not met by the company. There was no information about the participants of the communication in this system. The main contextualizing environmental factors are time and weather conditions. The factors that affect the level of ethical choices are the manager, the organization, and the stage of moral development. The manager is the one who has to make important decision with respect to the company. The criteria for finding the ethical decision can be used here to find out if indeed the decisions that

Formal Legal Brief on a Tort Law Case Essay Example | Topics and Well Written Essays - 1000 words

Formal Legal Brief on a Tort Law Case - Essay Example Donoghue suffered severe gastroenteritis, shock, as a result, Mrs. Donoghue brought a claim for damages against Stevenson, and the trial judge found the action sustainable while the court of appeal overturned the decision. Mrs. Donoghue appealed to the House of Lords. Issues In this case, the issue was whether Stevenson the manufacturer of the beer owed Mrs. Donoghue who consumed the contaminated beer a duty of care. Stevenson raised an issue, where even if Mrs. Donoghueproved allegations of the consequences of the contaminated beer correct his duty of care did not extend to every consumer of the products he manufactured and for which he would not be liable. Lord Atkin stated that Mrs. Donoghue has to show that the injury resulted in breach of duty by Stevenson and in the circumstances by Stevenson to take reasonable care to prevent injury. Rules The rule applied in this case was the neighbor principle, which essentially states that if a negligence case is to be successful the proxim ity of the two parties that are the claimant and the defendant should not be too remote. The proximity of the defendant and the plaintiff should be that of a neighbor. To capture this position is Lord Atkin’s neighbor principle, which provides that some concept of relationship must be in existence giving rise to a duty of care. He goes ahead to state that the general rule that one loves his neighbor and one ought not to hurt his neighbor. A neighbor in this case gets a restricted response. The rule is that one should take reasonable steps to avoid acts or omissions, which are reasonably foreseeable, would be likely to injure one's neighbor. A neighbor according to Lord Atkin is anyone who is directly and, closely affected by ones act ions or omissions and one reasonably ought to have them in contemplation before doing the act or omissions in question. Analysis For an action in negligence to succeed, the plaintiff must show that there was a duty of care owed to the plaintiff b y the defendant. The defendant must have breached the owed duty of care, and as a result, the plaintiff suffered damage. This duty existed prior to the case of Donoghue V Stevenson, but the duty owed was usually in sheer circumstances or proximity between the two parties. In determining the existence of a legal duty of care based on the general principle of proximity of the parties and the foresee ability of the event in question. This case provided that even in situations where the duty of care did not initially exist an individual owes a duty of care, not to harm other people who are reasonably foreseeable to be hurt by such actions. In order for the action, to succeed Mrs. Donoghue had to establish the connection between her and the manufacturer, Stevenson in relation to the negligence. The duty of care in this situation is that of an ordinary, prudent man. According to the case of Anns v London Merton Borough foresee ability is what might be reasonably expected to occur due to t he actions of the defendant. The position is that liability may only arise in a case where the defendant would have foreseen the harm and avoided it. In this case, Stevenson knew that public members would consume the ginger beer and; therefore, Stevenson had a responsibility of ensuring the beer befit human consumption. The position in this case is that if a manufacturer puts a product for consumption in which the products form precludes examination

Nelson Mandela Research Paper Example | Topics and Well Written Essays - 1250 words - 1

Nelson Mandela - Research Paper Example Nelson Mandela’s rejection of the offer of conditional amnesty made by Botha, the second was Nelson Mandela’s search for a way to make peace after the assassination of Chris Hani, and the third was Nelson Mandela’s refusal to stand as president for a second term. Because of these decisions, Nelson Mandela not only served as a successful political leader, but also earned a lot of respect in the eyes of people of his own nation as well as the whole world in general. The African National Congress was in much need of a sturdier measure against the apartheid government. The armed wing launched by Nelson Mandela helped attack the apartheid government. Today, he is remembered as a very successful political leader and people study his leadership tenure to learn lessons for effective and successful leadership. Nelson Mandela can be considered as a great leader because he is the pioneer of the modern South Africa. The influence of Nelson Mandela on the political scenario of South Africa today is huge. Nelson Mandela was very popular among the South Africans. Many people of his nation called him Madiba that was the traditional clan name of Nelson Mandela. He was also known by the word Tata, which is used to refer to father in the tribe of Xhosa (Karimi, 2013). He struggled for freedom tirelessly, which earned Nelson Mandela the respect of not only his own people, but also the whole world at large. He is popular for his passion, humanity, and humility. Nelson Mandela saw the armed fight as a mechanism of defense against the violence inflicted by the government. He said, â€Å"My people, Africans, are turning to deliberate acts of violence and of force against the government in order to persuade the government, in the only language which this government shows by its own behavior that it understands†¦If there is no dawning of sanity on the part of the government -- ultimately, the dispute between the government and my people will finish up by being settled in violence and

Business Operations and Systems Essay Example | Topics and Well Written Essays - 1000 words - 1

Business Operations and Systems - Essay Example Unipart has become one of the most successful logistics companies in the UK and delivers goods to global companies like Vodafone Jaguar, Airbus, Hewlett Packard, and retail companies like Halfords and ASOS (Sherlock, 2008). The main reason behind its efficient delivery system is the Lean methodology concept. Lean methodology is a concept which can be applied to all types of companies to improve the efficiency level of the employees (Nash, Poling and Ward, 2006). The basic approach of Lean methodology is to identify and eliminate unwanted wastes in a company (Graban, 2011). There are usually eight types of wastes in every company. The first type of waste is producing goods more than it is required. The second type of waste is excessive inventory which increases the warehousing and storage costs. The third type of waste is unnecessary movement of goods and employees because it does not add value to the productivity of the company. The fourth type of waste is the unnecessary processing of goods and services which adds no value to the products and services from the viewpoint of a customer. ... The below mentioned chart will describe the Lean methodology in details: Figure 1: Lean Methodology Concepts ( Source: Nash, Poling and Ward, 2006) Challenges faced by Unipart Like any organization, Unipart faced a number of challenges. Initially, Unipart was part of a state owned motor vehicle manufacturer. Later, the government sold Unipart to its former managers. The managers decided to come up with a unique management strategy that would motivate the employees and increase the efficiency levels of the workers. Most of the workers in Unipart had completed a basic level in education since their main task involved loading and unloading of the packages. Extensive training was imparted to the workers to improve their skills but the management faced certain challenges like there were protests from the workers and trade unions. The training could not address to the basic issues and problems of the workers (Sherlock, 2008).x The managers of Unipart tried following the management principl es of global companies like Toyota, but it failed to produce any effective results (Sherlock, 2008). Remedies to the challenges The managers stopped imitating the management principles of global companies and evolved their own theory which was termed as â€Å"The Unipart Way†. This theory included certain key components like â€Å"The University on the Shop Floor†. This was a learning centre that was open throughout the working hours of the company and workers were welcomed with any sort of queries at any time of the day. The managers also introduced e-learning and work-based assessment facilities. These techniques of improving the company performance proved to be beneficial (Sherlock, 2008).

Elasticity of rubber Assignment Example | Topics and Well Written Essays - 1500 words

Elasticity of rubber - Assignment Example Rubber substances are not confined to natural rubber, however. They take account of a great variety of synthetic polymers of comparable properties. An elastomer is considered as a polymer that shows evidence of rubber elastic properties, i.e. materials that can be possibly stretched to a number of times its original length without breaking and which, upon release of the stress, instantaneously returns to their original lengths. A rubber is more or less an elastic material, since its deformation is instantaneous and it further shows almost no slither (Bjork, 1988). The distinctive nature of rubbers was ascertained by John Gough in 1305, and described his findings and experiments as shown in this subsequent paragraph. A person has to clasp one end of the slip of a rubber between the thumb and forefinger of each hand; get the central point of the piece into slight contact with the lips; further lengthen the slip swiftly; and you will instantly make out a feeling of warmth in that sectio n of the mouth that is in contact with stretched rubber. For this resin evidently grows warmer the further it is lengthened; and the edges of the lips possess a higher degree of sensibility, which facilitates them to discover these changes with greater facility than other parts of the body. The augment in temperatures, which is recognized in the event of extending any pieces of Caoutchouc, may be obliterated in on the spot, by allowing the slip to contract again; which it will do quickly by desirable quality of its own spring, as soft as the stretching forces cease to act as soon as it has been fully exerted. Gough made these comments regarding his second experiment: In any case one end of a slip of Caoutchouc is fastened to a rod of wood or metal, and some weight is fixed (added) at the other extremity/end; the thong will be seen to become longer with cold and shorter with heat (Mark, 1984). To make certain this concept, it is necessary for a self experimentation. One will only nee d a strip of rubber, a weight and a hair-dryer. Gough presented no better explanations to the unexpected findings, such as that the expected stiffness increments with rising temperatures and that heat is progressive throughout stretching duration. It took approximately fifty years prior to the formulation of thermodynamics of the rubber elasticity. Rubbers exhibit predominantly entropy-driven elasticity through measurements of force and specimen length at varied temperature levels. Thermo-elastic effects of rubber shows that stretched rubber samples which are subjected to constant uniaxial load contract reversibly on heating, and the same sample can give out heat reversibly if stretched. These two observable concepts are true and consistent with the view that the entropy of the rubber decreased on stretching. Molecular picture of the entropic forces is dated back to the theoretical work of 1930’s, when it was suggested that the covalently bonded polymer chains had been orient ed during extension (Gumbrell, Rivlin, &, Mullins, 1953, p. 1495). Methods and procedures This study involved an investigation in the thermo-elastic behaviors and thermodynamics, with regards to the energetic and entropic elastic forces. At minimum strains, characteristically less than ? = L L 0 < 1.1 (where L and L0 are the dimensions of the unstressed and stressed specimens, respectively), the stress at