Business law definitions

Business law definitions Business Law Assignment Common law and stare decisis Common law is all that law that is made by judges. It is initiated by citizens when they file cases in courts. Stare decisis is a term used in the common law to mean that decisions made in court cases should be based on previous decisions. It simply means that the decision should stand. It therefore means that in business, this is a principle that can assure a business person of the ruling of a case that is similar to the previous. Rulings in business cases are hence made predictable. Bailment It is where a person delivers his personals to someone else for safety keeping. Bailor is the one delivering property while the one receiving is the bailee. It involves delivery of goods to somebody else in trust creating a contract either express or implied. The bailee must be willing to possess the property physically but is not entitled to use it. In business transactions, the bailee has both the duty of care and responsibility to re-deliver the property. Statute of frauds This is a requirement that certain contracts like sale of goods that exceeds a certain value, land sale or a guarantee of debt be made in writing and then signed to prevent perjury and fraud. Two sophisticated business corporations may enter into a joint venture say of about 10 years. There are different negotiations that they engage in and one party promises that it will join the negotiations in time. In case the party fails to honor the negotiations, the second party (business partner in the venture) can use statute of frauds in a court case as an affirmative defense in breach of an agreed contract. Civil law versus criminal law Civil law deals with disputes between organizations, individuals and between these two where compensation is given to the victim. Criminal law/penal law is a body of common and statutory law and generally deals with crime and punishment of criminal offenses. Civil law is mainly applied in business when there are property disputes like real estates and landlord/tenant disputes. Criminal law in business mainly affects those who engage in alcohol intoxication and trafficking in controlled substances. A civil liability arises out of the relations that a business has with the individuals it deals with. Federal and state courts Federal courts are the courts established under U.S. constitution to deal with disputes arising out of constitution and laws that are initiated by congress. On the other hand state courts are established by states and normally have a broader jurisdiction. State courts are entitled to grant corporations a merit of limited liability. Since the time of Sherman Act, federal courts have been increasingly regulating the businesses. 1970s saw creation of three bodies by the federal government. These include Consumer Protection Agency, Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA). Personal jurisdiction, subject matter jurisdiction and venue Personal jurisdiction refers to the requirement for a court to hear a case over the right parties involved in that case. Subject matter of the case is what has made rise to the case and this is what the court should deal with. On top of this, a roper venue should be selected to hear the case. Federal courts have limited SMJ. A business in dispute with another can only file a case and state the specific party in it and the main reason as to why they are filing the case is a requirement from the courts. In such a case, the case can only be heard in the appropriate federal district. Garnishment and execution Garnishment is a legal process through which property or money owed to a debtor or held by garnishee for the debtor is taken in order to pay the judgment. The most garnished properties are banks and wages accounts. Execution of judgment is enforcing a judgment legally through sale and seizing of debtors property. Just in case the garnishee is a bank, loan, savings or credit union, the creditor is supposed to produce a blank notice of right to claim exemptions. A business that wants to garnish wages for its employees must first obtain a judgment for the debts. This is because only a certain percentage of wages can be garnished. Garnishment of wages and execution of the same judgment is possible if the debtor in question is above poverty line. Mediation, arbitration and accord and satisfaction Assisted communications in any agreement is mediation. Arbitration is the legal process of resolving disputes outside the courts where the parties involved have agreed on it. It is mostly used in international commercial transactions where business disputes have risen. The third party chosen by the two parties is a neutral one. Accord and satisfaction refers to any purchase to be released from a debt obligation. Payment in such a case will normally be less than owed amount. Satisfaction is the consideration. An example is if a contractor is supposed to construct a building worth $6,000. The owner of the house after construction claims that inferior work lead to a building that did not match the pay to the constructor. A mutual settlement agreement of $4,000 is paid as full payment. This is a new contract created through offer, acceptance and consideration. Consideration is $2,000. Intentional torts, negligence and strict liability in tort A tort is a civil wrong. An intentional tort is a wrong that a defendant should have known or even knew that it would occur through their inactions and actions. Negligence torts will occur where the actions of a defendant are termed reasonable unsafe. Strict liability torts occur when an action causes damage, like in cases where a proprietor manufactures and sells a defective product. State law provides for the employer to compensate an employee injured in the job (strict liability). Intentional torts have damages that are broader than those in negligent torts. In business transactions, a difference arises between the intentional and negligent tort because the plaintiff must prove that defendant acted with intent. Requirements for an enforceable contract For a contract to be valid in a court of law whether its verbal or in writing, it has several requirements. An enforceable contract must have an offer, consideration and acceptance. Other requirements for an enforceable contract may also include consent, competence and legality. In any business contract, there must be a proposed deal which may remain open until the day the other party rejects, accepts or retracts it. A contract is voidable if it has got no acknowledgement and a bargained benefit. There are many business agreements but all those that bear no consideration or any of the requirements as outlined in business law are not contracts. The purpose of the uniform commercial code and its application to contract law The uniform commercial code is a body of legislation enacted so that the sale of goods and interstate commercial transactions can be facilitated in U.S. its essential elements normally address commercial transactions. This is usually in a single uniform code. Different states may apply UCC differently. It does apply to contracts in the sale of goods in different manners. In any commercial setting, any sale of movable goods requires the application of UCC. Sale of goods that require application of UCC usually involves a merchant. Click-Wrap Agreements and the electronic signatures in global and national commerce act Click-Wrap agreement is a common form of agreement that allows any user to go through the terms of agreements before acceptance. An electronic signature is any electronic sound, process or symbol associated and attached to a contract or record and is generally accepted and executed by those with intentions to sign the given record. In most bank transactions, PIN and passwords have been used to access an ATM or when one is purchasing merchandise on-line. E-sign is commonly used to permit parties in a contract take advantage of efficiencies in the digital world. Sole proprietorship, partnership, corporation and Limited Liability Company Sole proprietorship is a form of business owned and operated by one person called a sole proprietor. He has unlimited liability for all the business debts. He incurs all the losses alone and enjoys all the profits. A partnership is a form of business formed by a minimum of two and a maximum of 20 persons. It may be either general or limited. In a limited partnership, all general partners have unlimited liabilities but limited partners have limited liability for the debts while in a general partnership, all partners have unlimited liabilities (myownbusiness.org, 2003). A corporation is normally a form of business unit started and operated by the government. All investors in a corporation have limited liability. Limited liability companies are normally state run entities where all the members have limited liability. For income tax purposes, its taken as a partnership. Fee simple and life estate Fee simple estate is the absolute property ownership that entitles the owner to all the rights of that property. This applies to all property restricted by the private and law restrictions like covenants and zone ordinances. In this case, death of the owner results in the ownership transfer to the heirs (thismatter.com, 2005). Life estate, a freehold estate is where ownership of the estate is limited only to duration of a persons lifetime. This may be the life tenant or another designated individual. The owner of this estate has most of the benefits since he enjoys most of the ownership rights by possessing it, leasing it but this will automatically end whenever the life estate ends. Contrary to fee simple, a life tenant cannot pass the rights of ownership to the heirs. Warranty Deed and Quitclaim deed A warranty deed is a deed which states that the seller owns the given property and no liens in the property may be transferred over in case its old. It sets the record straight that the property is owned legally. Its a deed that ensures the buyer that he is dealing with the rightful owner of the property and thus no post purchase surprises. Its normally used in majority of property sales. In cases where another person claims the same property, the new buyer is entitled to compensation by the original owner. A quit claim deed is presented to the buyer by the person who holds responsibility of the property but not the owner. Such cases occur when death occurs and this property is passed on as inheritance. A buyer of the property is not given much protection by obtaining this deed like when he is provided with the warranty deed (fsboamerica.org, 2009). Adverse possession This is principle in real estate law which states that a person who may possess the land of another person in a given extended duration of time may be in a position to claim the title of that land. Where a business has been in possession of a given piece of land, they can prove adverse possession by showing that the possession was actual, hostile, exclusive, notorious, hostile, open, and continuous for the statutory period and under cover of claim. It is now commonly governed by statute and law. Its however stated that lands owned by the government are exempted from this principle. Where the land owner granted permission to the claimant in use of property the adverse possession claim is not deemed hostile and will thus fail. Employment at will versus TitleVII of the civil rights act of 1964 Title VII of the civil rights act of 1964 is an act that was passed so that it can protect people from being employment discrimination on the basis of religion, race, sex, color and national origin. This is a law that has been protecting job applicants and company employees. It applies to all companies that have 15 or more employees. Promotion s in companies cannot be decided on basis of race, color sex national origin or sex. All business are required to pay their employees in the same job group a uniform pay despite their different origins nationally, race, sex, religion or color. Employment at will means that the employer does not need a good cause to fire an employee. An employee employed at-will can be fired any time. Such an employee has limited legal rights to fight that termination. Most states except Montana have adopted have adopted policies that enable them to employ at will. The purpose of the securities act of 1993 and the purpose of the securities and exchange act of 1934 Securities act of 1933 was a federal legislation regarding sale of securities. Securities act of 1933 was enacted in order to provide more information about and within securities markets. Its a legislation that addressed for better disclosure where companies are expected to register with Securities and Exchange Commission. Its main purpose is thus to make sure that investors are receiving significant and material information about securities in public sale and prohibiting deceit fraud and other misrepresentations in sale of securities to public. Securities exchange act of 1934 created the SEC and it outlaws abusive and manipulative practices in securities issuance, required registration of brokers, stock exchanges listed securities and dealers and disclosure of certain financial information. Sarbanes-Oxley act This is a legislation that was enacted in 2002 in response to Enron and WorldCom financial scandals. Its manly used to protect the general public and shareholders from fraudulent practices and accounting errors. Its administered by the Securities and Exchange Commission (SEC). Common law legal system versus the civil law legal system In civil law system, legislation is the primary law source. As a result courts will usually base rulings on provisions of statutes and codes. When hearing business cases, courts normally reason merely on basis of general principles and rules in codes. On the other hand common law system use cases as the primary law source and statutes are taken as incursions and interpretations are narrow. Each an every state has a specific definition on doing business according to the common law. Foreign corrupt practices act Its provisions prohibit bribery of foreign officials of other governments by U.S. nationals prescribing record keeping practices and accounting. Any U.S. company that violates FCPA are fined up to $2million whereas individuals like directors and of companies and officers pay a fine of $100,000 and face imprisonment of 5 years or even both. In such cases there is imposition of civil penalties. References Fsboamerica.org. (2009). Warranty Deed vs. Quit Claim Deed. Retrieved from http://www.fsboamerica.org/Warranty-Deed-vs-Quit-Claim-Deed.cfm FMyownbusiness.org. (2003). Business Organization. Retrieved from http://www.myownbusiness.org/s4/ FThismatter.com. (2005). Estates in Land. Retrieved from http://thismatter.com/money/real-estate/estates-in-land.htm

Strategic Human Resources Practices At Tesco

Strategic Human Resources Practices At Tesco This report reviews and discusses the strategic Human Resource and practices at Tesco. Strategic HRM has gained both credibility and popularity over the past decade, specifically with respect to its impact on organisational performance (Paauwe, J Boselie P. 2003). By the introduction of strategic management Tesco has introduced a high commitment model which offers training and development to all employees with this the role of HR within the organisation has increased in importance. Strategic management helped Tesco to expand its business. Tesco operates in a very competitive market; the consumer has a choice where to shop for their groceries. With this Tesco expanded their portfolio to include CDs, DVDs, electrical goods and clothing. Recently they have expanded into the financial services offering customers products from Credit cards to insurance. All their products are available on the internet 24 hours a day Their slogan, every little helps is used to show their commitment to customers, this has been used to reduce prices and to increase the level of customer service. This slogan is now used in their staff training; the human-resource strategy at Tescos revolves around work simplification, challenging unwritten rules, rolling out core skill s to all head-office employees and performance management linked to achieving steering-wheel targets. This highlights the way in which Tescos business measures are closely linked to performance management (Anonymous 2003). Tesco ensures that each and every employee has the opportunity to understand his or her individual role in contributing to the Tesco core purpose and values. This requires an innovative induction programme that caters for different cultures, styles of learning and varying commitments to the job. The frontline employees are considered the ultimate reflection of Tesco to its customers, but all employees have a very important role to play in turning core values and customer commitment into reality on a daily basis (Whitelock, N. 2003). A business without strategy is a business without direction. A strategy without a competitive advantage is a business without a precondition of success. The core objective of Tesco is to establish value for customers in order to gain their lifetime loyalty and also to ensure that all of its employees, wherever they work, are aware of the role they play and that they can clearly see how their actions affect the big picture of the overall business. The training creates a graphical journey through the history of Tesco, its core purpose, values, business goals, financial aims, operations and marketing strategy and its commitment to customers. All employees are receiving more training than before (Whitelock, N. 2003).The main advantage of strategic management in Tesco was that it helped it to take lead against its rivals in the competition. strategic action that the Tesco have undertaken is what they labelled as Regeneration. Among the areas where Tesco have regenerated includes Puchung, Kuala Lumpur, and Simpang Pulai. In this strategy, the company places a store in specific areas which they consider as deprived and in dire need of employment. This way, they have instituted a store in a location where there exists little competition and in the same time increases their reputation on the area by providing jobs for people in the community. Moreover, this strategy also moves their commodities closer to the public. Providing the needs and quality service to their customers is the functional dimension of Tescos business strategy. TESCO introduced over 5,000 new food lines this year. Another innovation is bringing in screw-cap wines and their own label range Unwind, which is on-track to be a $5m brand this year. Grab and Go counters have been introduced into over 500 stores, offering customers a huge choice of cheese and hot chicken without having to queue, making it simpler and cheaper to operate. (2002) ADVANTAGES OF STRATEGIC MANAGMENT Discharges board responsibility In Tesco Tescos strategic direction is discussed with all employees and managers. This helps the individual employee to understand their role and importance within the organisation. Forces An Objective Assessment Strategic managment creates value by providing opportunities for organic learning, development of intellectual capital and enhances core competencies. This value is crucial to the organisations future success. This helped Tesco to take the lead over its rivals in the fiercely-competitive UK supermarket sector. The strategic policy (Future) started in the companys supermarkets, where its aim was to free up stores employees so they could do more and improve customer service. This will help them to see their future growth of the company and tackle any competition easily. Provides a Framework For Decision-Making Strategy provides a framework within which all staff can make day-to-day operational decisions and understand that those decisions are all moving the organization in a single direction. Strategy provides a vision of the future, confirms the purpose and values of an organization, sets objectives, clarifies threats and opportunities, determines methods to leverage strengths, and mitigate weaknesses (at a minimum). As such, it sets a framework and clear boundaries within which decisions can be made. In Tesco by giving training to their staff was able to meet their objective that is customer satisfaction which had a significant impact on the success of the organization. Supports Understanding Buy-In Allowing the board and staff participation in the strategic discussion enables them to better understand the direction, why that direction was chosen, and the associated benefits. For some people simply knowing is enough; for many people, to gain their full support requires them to understand. This led the organisation in the path of growth and are now the no1 supermarket in UK. Provides an Organizational Perspective Strategic management takes an organizational perspective and looks at all the components and the interrelationship between those components in order to develop a strategy that is optimal for the whole organization and not a single component. At Tesco all the operational issues are handled very effectively. Helps in  through planning You can think of ways to maintain your strengths and increase your competitive advantage by thoroughly planning .which was done by Tesco and are one step ahead of its rivals DISADVANTAGES OF STRATEGIC MANAGMENT The Future Doesnt Unfold As Anticipated One of the major criticisms of strategic management is that it requires the organization to anticipate the future environment in order to develop plans, and as we all know, predicting the future is not an easy undertaking .E.G. recession in UK had a negative impact on the growth of Tesco. It Can Be Expensive It can be expensive for some organisations to hire people who develop strategies. In Tesco also there was a high cost for training of its employees. Long Term Benefit vs. Immediate Results Strategic management processes are designed to provide an organization with long-term benefits. If you are looking at the strategic management process to address an immediate crisis within your organization it is not possible Impedes Flexibility When you undertake a strategic management process, it will result in the organization saying no to some of the opportunities that may be available. This inability to choose all of the opportunities presented to an organization is sometimes frustrating. Tesco had a opportunity of diversification but sad no because of their strategic policy. Conclusions Tescos long term strategy is to continue to place value on employee training and to integrate this value into the culture of the organisation. They are using this approach to maintain their competitive edge. The value that is placed on HR demonstrates commitment from the top levels of the organisation to training. Tescos intentions are to maintain this increased emphasis on staff training and to integrate this learning fully into the organisation. There is constant reviewing of the intervention, and make adjustment were necessary. Tesco is a very successful UK organisation. They have increased their market share and retail units over the past five years. This has been achieved partly through a fully integrated HR department. Although this is not the only factor to their success, it has certainly been a major factor in it. A combination of good Tesco management, Tesco marketing strategy and a lean business model has seen the supermarket rise above its competitors to dominate the UK ma rket. REFRENCING Books by Armstrong, M (2005) (9th Edition) A Handbook of Human Resource Management Practice Kogan Page, London Beardwell, I. et al, (2004) (4th Edition) Human Resource Management a Contemporary Approach Prentice Hall, Harlow. Blackwood T, (1995) Accounting for Business Business education Publishers Limited, Sunderland Buchanan D, and Hucczynski A,(1991) Organisational Behaviour Prentice Hall, Padstow Journals Anonymous (2003) Human resources deliver Tescos bright Future Human Resource Management International Digest, Bradford: Jul/Aug 2003 Vol.7, Iss. 4 Guest, D (1999) Human Resource Management-The Workers Verdict Human Resource Management Journal, London, 1999.Vol.9, Iss. 3; Internet DTI (1998) Building the Knowledge Driven Economy Green Paper, accessed through www.dti.gov.uk/ www.tesco.com 21 Nov 2005 advantages and disadvantages to a strategic management process. Access through www.charityvillage.com/cv/research/rstrat36.html

Computer Access :: Technology Personal Narrative Teacher

Computer Access My current situation finds me teaching 7th grade block (language arts and geography) at Beach Middle School in Chelsea, Michigan. Chelsea, as a community, is fairly well-off financially. Technology is a priority for its citizens and for its schools. I am currently typing this on my school-issued laptop that is less than a year old. I am sitting on my couch and my cat is sleeping on my left arm. My classroom contains a brand new PC for my students to use and a new HP DeskJet color printer. There are two different labs of brand new laptops at my disposal. I am one of Moran’s â€Å"haves.† Being one of the â€Å"haves† doesn’t mean that my students can use computers everyday, nor would I sign up for that. We have debated and argued and complained and reasoned our way into a sign-up system that works most of the time. For the walk-in lab of twenty-eight laptops, the sign-up sheet is posted one week in advance and is available on a first-come, first-serve basis. The sign-up sheet is posted in the lab itself. It is posted by the Media Center clerk, and she has her favorites. The rest of us are routinely confounded by the apparent speed with which some teachers are able to access the sign-up sheet. For those of us who are not quite quick enough, there are two laptop carts. Each cart has fourteen laptops and a printer. All of the laptops are wireless. We can sign up for one or both laptops at a time. The sign-up sheet is in the Media Center, and the sign-up sheet is available for the entire school year. In September, I can sign up for June. I have done already this year. We have two different sign-up procedures because of the different planning styles of our teaching staff. We in the language arts and social studies departments tend to do our planning months in advance. For at least the last two years, the 7th grade block staff has met in the summer and plotted the course of the year. Computer Access :: Technology Personal Narrative Teacher Computer Access My current situation finds me teaching 7th grade block (language arts and geography) at Beach Middle School in Chelsea, Michigan. Chelsea, as a community, is fairly well-off financially. Technology is a priority for its citizens and for its schools. I am currently typing this on my school-issued laptop that is less than a year old. I am sitting on my couch and my cat is sleeping on my left arm. My classroom contains a brand new PC for my students to use and a new HP DeskJet color printer. There are two different labs of brand new laptops at my disposal. I am one of Moran’s â€Å"haves.† Being one of the â€Å"haves† doesn’t mean that my students can use computers everyday, nor would I sign up for that. We have debated and argued and complained and reasoned our way into a sign-up system that works most of the time. For the walk-in lab of twenty-eight laptops, the sign-up sheet is posted one week in advance and is available on a first-come, first-serve basis. The sign-up sheet is posted in the lab itself. It is posted by the Media Center clerk, and she has her favorites. The rest of us are routinely confounded by the apparent speed with which some teachers are able to access the sign-up sheet. For those of us who are not quite quick enough, there are two laptop carts. Each cart has fourteen laptops and a printer. All of the laptops are wireless. We can sign up for one or both laptops at a time. The sign-up sheet is in the Media Center, and the sign-up sheet is available for the entire school year. In September, I can sign up for June. I have done already this year. We have two different sign-up procedures because of the different planning styles of our teaching staff. We in the language arts and social studies departments tend to do our planning months in advance. For at least the last two years, the 7th grade block staff has met in the summer and plotted the course of the year.

Children And Exercise Essay -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  In our society today one of the most difficult problems we are facing is the large numbers of obesity in our children. One of the major factors in that is this; our children have become less physically active. At an early age children start watching TV, learn how to operate a computer, and play video games. Having technological skills is now a necessity in all of our lives because everything has turned â€Å"computerized,† but the fact is that our children are relying on these types of entertainment rather than getting up and physically exercising to entertain them selves. This directly affects the large number of obese children in our country today because of the lack of physical exercise. It is not that we want our kids to look a certain way or to be better at sports than everyone else, but it is that we want our kids to be physically fit and to develop a healthy lifestyle. Physical exercise is not only for adults, it is for children as well, so we must understand the importance of our children exercising and the benefits from it. By doing that it will make an impact on that child for the rest of his/her life.   Ã‚  Ã‚  Ã‚  Ã‚  The reason we should be hesitant to allow our children to watch TV or play video games is that once a child does that, then he/she starts to enjoy it and wants to do it more and more. It becomes an event that they look forward to doing. Whether it is anxiously waiting on a certain TV show to come on, or hurrying in the house to get to their favorite video game. Children have become obsessed with these types of entertainment and have completely forgot about physical activities. Children do not look forward to getting some friends over to play football in the backyard as much anymore. They look forward to getting friends over to go inside and play a video game while eating chips and drinking cokes. Not only are they eating wrong foods, but also they are cutting out the physical activities to burn those calories off. Granted children should have restrictions on the types of food they eat, I am not taking anything away from that fact. But if a child is at least exerci sing then he/she will burn off a lot of those calories consumed in those unhealthy foods. So one question to ask is this; why are children becoming more dependent on technology rather than physical activity?   Ã‚  Ã‚  Ã‚  &nbs... ...verything you and your child need to know about   Ã‚  Ã‚  Ã‚  Ã‚  sports, Physical activity, and good health - a doctor’s guide for parents an coaches.   Ã‚  Ã‚  Ã‚  Ã‚  New York: Newmarket Press. Kalish, Susan. (1996). Your Child’s Fitness: Practical advice for parents. Champaigne:   Ã‚  Ã‚  Ã‚  Ã‚  Human Kinetics. Hinson, Curt. (1995). Fitness for Children. Champaign: Human Kinetics. Gabbard, C., LeBlanc, B., & Lowy, S. (1994). Physical Education for Children: Building   Ã‚  Ã‚  Ã‚  Ã‚  the Foundation, 2nd edition. New Jersey: Prentice-Hall, inc. American Heart Association. Exercise (Physical Activity) and Children. April 4th, 2005   Ã‚  Ã‚  Ã‚  Ã‚  < http://www.americanheart.org/presenter.jhtml?identifier=4596 > Diagnose-Me. Problems associated with lack of exercise. March 27th, 2005. April 4th, 2005. < http://www.diagnose-me.com/cond/C380381.html >. IDEA Fitness Journal. Exercise Decreases Risk of Depression in Kids. October 2004. April   Ã‚  Ã‚  Ã‚  Ã‚  4th, 2005. < http://pdfserve.galegroup.com/pdfserve/get_item/1/Scdbf1ew6   Ã‚  Ã‚  Ã‚  Ã‚  _1/SB806_01.pdf >.

Our Time Machine :: essays research papers

Our Time Machine H.G. Wells once wrote a novel called The Time Machine, it was published in 1895. This exciting little adventure featured a device that had power over time. Who knew that in 2001 we too would have such a device? One invention that has made it evident that we have reached the twenty first century is named Tivo. With this, one has the ability to pause, fast forward, and essentially tamper with live television. This gadget is, in a sense an actual time machine. We’re living in an age where the word digital seems to come into play with every new invention. Digital technology includes all types of electronic applications that use information in the form of numeric code. This information is usually in something called a binary code—that is, code that can be represented by strings of only two numeric characters. These characters are usually 0 and 1. Devices that process and use digital information include personal computers, calculators, automobiles, traffic light controllers, compact disc players, cellular telephones, communications satellites, and now Tivo. Most of the information we sense is analog in nature—that is, it varies constantly, and an infinite number of values can be assigned to the information. For example, the brightness of a light bulb dimmed gradually from on to off could be considered analog information. This infinite number of brightnesses can be broken up into ranges. If the possible brightnesses are broken into two ranges, then the values 0 and 1 can hold digital information relating to the brightness of the bulb. However, each of the two digits still represents a countless number of analog values. The ranges of brightnesses can be divided again and again, until there are thousands of ranges of values, each of which can be represented by a numerical value. Once analog information has been broken up into digital information, it is impossible to perfectly reverse the process and re-create all of the possible analog signals from the corresponding digital signals. This is why most analog signals are represented by a great number of digital information levels. For example, the sound stored as digital information on a CD is broken down into 65,536 levels. A CD player translates the digital information into analog information so that a speaker can convert it into sound waves. Some devices process digital information using a tiny computer called a microprocessor. It performs calculations on digital information and then makes decisions based on the results.

Jardi tancat Essay

Nacho Duato uses several motifs in Jardi Tancat to establish intent in his work. His work is based on Catalonian folk tales collected and sung by Maria Del Mar Bonet, to express the poor Catalonian people’s communal hardships, struggles and desperation as they cyclically farm the land. Duato has portrayed this intent through many motifs such as, curved lines and gestural action motifs. He has then manipulated these motifs through each section to unify the work as a whole. One motif frequently shown throughout the piece is the use of curved lines. This is shown in the opening silence section as all six dancers are waking from a low, hunched over crouch on their knees with hands rested out in front portraying their fatigue. Then in unison, they make a sudden jump with a forceful dynamic to a two-footed, curved stance with their hands clasped at the lower back to convey them supporting their back from the aches and pains. They then slide the hands down towards the back of the knees arching the spine in reference to stretching, as knees invert, they release their arms and curve upwards in a sustained motion repeating three times. The rounded and hunched movements portray the physical strain of their daily routines of cycling work has on their body and high releases reflecting the intent of faith and prayer in the work. A manipulation of this curved motif is shown later on in section one in unison with their arms resting on another to further establish the intent of communal connectedness. As they stand side by side in two parallel lines in the back corner facing upstage, by rolling and pulsating their spines they resemble the support they have for one another in the community throughout their hardships and sorrow. Gestural movements are incorporated throughout Jardi Tancat. One of the motifs include ‘sowing’ or seed planting action, which involves a low, curved line of the spine again to emphasize the straining work. Hunched over with a slumped dynamic determining the draining work, the dancers travel laterally across the space with heavy, limping ‘step-cross’ footwork. This pathway is performed in unison in the opening silent section, indicating planting endless rows of crops. As they travel diagonally, their sagged,  contracted back emphasizes the physical burden on the body. This is also evident through the angular-shaped arm bent above their head, supporting the back, whilst the other arm is stretched with fingertips skimming across the floor ‘planting the seeds’. This motif is later on manipulated and shown in the fourth section ‘Out of the Fields!’ Repeating the movement, however working in cannons with efficient shuffling dynamic. Neat, and smoothness of the rows is no longer required as speed is all that’s needed to get the tiring chore done. This motif is repeated and manipulated throughout Jardi Tancat to represent the cyclic nature of their daily lives. The curved lines and gestural motifs used within Nacho Duato’s work ‘Jardi Tancat’ implement the intent of his work. These motifs are then further manipulated using space, time and dynamics to further establish meaning and expand intent of his work. Nacho Duato is then able to successfully and clearly display the continuous communal hardships that Catalonian farmers endure everyday through these motifs.

Understanding Contemporary Moral Issues from a Catholic

Understanding Contemporary Moral Issues from a Catholic Perspective Withdrawal of life-sustaining medical treatment'. â€Å"And the dust goes back to the earth as it was, and the spirit goes back to God who gave It†. (Ecclesiastic 12:7). In order for me to comprehend and discuss the moral Issue of withdrawal of life- sustaining medical treatment from a Catholic perspective, I needed to have an understanding of what Bioethics refers to. It is a shared reflective analysis and discussion of ethical issues in health care, health science, and health policies.It engages dialogue and thought from our society comprising of doctors, patients, scientists, politicians and the general public (What Is Bioethics? 2014). Using Bioethics as a framework to discuss withdrawal of life, It helps us to realism the position the catholic church has adopted In Its views and beliefs.. The catholic church wishes to trigger a deeper thinking regarding moral issues and offers practical help in moral deci sion making by encouraging us to think about the role of the Church in society from two distinct roles; that of Doctrinal and of Pastoral (Rev Dry.Joe Parkinson, personal communication, July 18, 2014). One of my duties as a teacher facilitating in a Catholic Education School Is not only to Identify what the Catholic Church doctrine upholds, but also to counsel and support those In need. The Catholic doctrinal view Is that there needs to be a prohibition on euthanasia, because society may create a sub-class if we approve assisted death and what the Church offers is a development when bringing about a change of society's mindset in which you offer palliative care and managed pain relief instead of looking at euthanasia as the only option (Dry.Joe Parkinson). The Church acknowledges that this Is a challenge In an aging society, but e need to promote an environment that upholds the dignity of the sick, vulnerable and the aged. From a pastoral approach, the Catholic perspective Is that d ecision making regarding values and morals is based on a process of identifying the options and choosing what is most important to us. The Catholic Church advocates discussion and examination of what is driving the decisions and what are the other values and factors at play.Saying this, the Catholic Church also realizes that the choices are often not perfect and one very Important point Is to emphasis that the Church will never abandon someone based on differences of viewpoint and acknowledges that individuals may have come to a decision, knowing that is the best that they can do, having balanced the ethical and moral decisions in their conscience. The Catholic Church appreciates that as human beings we are not remote controlled Catholics.However, the Church also recognizes it has to take a position regarding morality, a standpoint that asks us to recognize that we are responsible for our decisions and that they Impact the bigger picture In regards to Catholic Church teaches us to v alue life, promote and to protect life (Pontifical Council for Health Care Workers, 1995). The Church also promotes prayer and counsel to sits individuals in the decision making process and urges individuals to examine whether they feel the outcomes are acceptable before God.Saying this, the Church also understands that we need to be true to ourselves. Whilst our ethics, our reasoned choices, may often be intuitive, they allow us to make choices that make us accountable as individuals. These ethical choices expresses our values and our actions as well as our intentions, it essentially defines our values. In the issue of withdrawing life-support, it is quite possible to go about getting the right thing, but going about it in the wrong way.Morals and ethics challenge the thought that if it does not break the law; than it is acceptable. However, some lawful acts are not morally right. From a Catholic teaching perspective the primary objective and value is â€Å"To preserve the dignity of the person† and this remains its fundamental value. Unfortunately, it is often forgotten. The Catholic Church advocates that life is a gift and acknowledges that we are part of all creation and therefore, we are the stewards of the world, not the domination.The symbolism of the crucifix is a reminder to Christians that we understand and trust in Jesus, that there is eternal life and that e need to live through our mortal life. This viewpoint is that life is a gift and on that basis alone we have a responsibility to protect the weak, vulnerable, the young and the old. This is one of fundamentals of Christianity. Yet as human beings we experience illness, suffering and death and sometimes euthanasia may seem like the best choice. However, when we treat other human beings as expendable; we diminish our own humanity (Dry Joe Parkinson).The Catholic Church suggests that when we make moral decisions, we make these using a formula; a format for our moral decision-making, one in w hich we examine what the facts are and what is ally going on. A set up that asks the individual whether their core values are being respected, upheld and what the guiding ethical principles involved are. The rhetorical triangle (Image 1) is helpful to visualize how it is used by the Catholic Church for teaching and passing on the values of the Church. (Image 1 . The Rhetorical Triangle, reproduced from Google images).This type of plan will question who should be involved in the decision making and whether the decisions will and should be reviewed? This framework would also take into account what legal definitions need to be considered in terms of unwanted reattempt versus the decision of suicide, it will identify what the core values involving the patient are, who are the other relevant people involved and also the duty of care that affects the hospital staff, whilst still protecting the individual's autonomy (Euthanasia law is no cure-all for Dutch doctors, 2009).What is interestin g to note, is that the Catholic perspective is that life should not be preserved at all costs if it does not take into account the dignity of the individual and their decision on whether they wish to take part with treatment and whether they have been given the opportunity o think and discuss if the means of treatment is morally disproportionate, does not offer any reasonable therapeutic benefit, is overly burdensome or, in some given us intelligence to think things through, yet the Church will never advocate the taking of a human life (Dry Joe Parkinson).On the other hand, the law takes the view that duty of care is higher than the individual's autonomy. These laws impact on careers and hospital staff alike, as in the case of Christian Roister, a 49 year old man who was left quadriplegic after being hit by a car. A Western Australian landmark court decision ruled in favor of Mr.. Roister, stating that a patient had the right to refuse treatment and to choose not to receive nutritio n and hydration and any person or care group providing palliative care would not be criminally responsible (Physician-assisted suicide the same as euthanasia? 014). To safeguard the autonomy of the person, the Catholic Church endorses the use of Advanced Care Plans and appointment of an Enduring Guardian to ensure that the patient is treated and cared for respectfully and with dignity. In Christina Tone's report entitled ‘Assisted Suicide. How the chattering classes have got it wrong, 2010 ‘she writes about Debbie Purdue, who suffered from Multiple Sclerosis.Debby Purdue won the right to have the prosecution guidelines affecting those who assist suicide clarified and in 2010, the United Kingdom published guidelines that in no way pave the way for assisted suicide; but call for each case to be Judged on its own merits. These guidelines are imperative in protecting those working with the sick, disabled, aged or terminally ill and for those worried that if assisted suicide were to be introduced on compassionate grounds, it would lead to death on request or euthanasia without consent. Finally, as a teacher in a Catholic Education system.