The 3 Branches of the American Government Essay -- History Politics Go

The 3 Branches of the American Government The constitution was built up by men who had encountered the fascisms of Europe and had gotten away from its grip. They looked to set up a type of government that could never permit a fascism or dictator ruler to hold control over the individuals like in the spots they had fled. With their production of the establishment of what our legislature is today they made a framework where 3 branches were all of equivalent force and each could be overruled by another which forestalled any branch getting predominant of another. The partition of forces gives an arrangement of shared force called Checks and Balances.(2) The three branches are authoritative, legal and official and they each have explicit forces to adjust those of different branches. The Legislative branch is comprised of the House and Senate. The Executive branch is made of the President, Vice-President, and the Departments. The Judicial branch is made of the Federal courts and the Supreme Court. Every one of these branches has c ertain forces, and every one of these forces is restricted, or checked, by the other two branches. By constraining the three branches to be observed by the others, nobody branch can increase enough capacity to get better over the others. The American Governments arrangement of being separated into 3 branches that can limit each other is the most productive approach to oversee the U.S. in a reasonable way and with no branch getting more impressive than another. Â Â Â Â Â The Legislative Branch, otherwise called the Congress, is comprised of two houses and their fundamental employment is to make the laws of the nation.(1) They are likewise answerable for checking the activities of the other two branches that make up the Federal government. The two houses that make up the administrative branch are, the House of Representatives and the Senate. A portion of the principle forces of this branch comprise of: the death of every single government law; foundation of all lower bureaucratic courts; can abrogate a Presidential veto; and can indict the President. (1) The lower house is the House of Representatives which is comprised of individuals called Representatives. To meet all requirements for turning into a House part an individual must be 25 years of age or more established, more likely than not been a U.S. resident for a long time, and should live in the area the individual in question intends to speaks to. (1) Each state has various Repres entatives relying upon the number of inhabitants in that state ... ...was with the expectations of a legislature of popular government where the desire of the individuals was the fundamental force behind the administration. With just two branches there would be a consistent fight for power and the converging of any of the three current branches with each other would cause a negative impact on the level of influence . This arrangement of isolating force between three branches has given a fair route to the administration to do the necessities of keeping up a fruitful country and has demonstrated to be effective in the avoidance of overbearing or oppressive sort authority occurring. With each branch having a specific territory of duty and the capacity to be checked and controlled by different branches our legislature has figured out how to maintain the beliefs of the first designers of our country. Their journey for a country with a solid focal government that is for the individuals and that guarantees that the opportunities of the American individuals are never lost has been accomplished and the first thought of three branches has demonstrated to be the ideal parity. Book reference http://www.usconstitution.net http://www.usconstitution.net/consttop_govt.html http://www.usconstitution.net/consttop_sepp.html

Abortion is a Choice Essays -- Papers Argumentative Pro-choice Life Es

Premature birth is a Choice Premature birth is an exceptionally dubious issue that has been persistently contended in the course of recent years and will proceed for quite a long time to come. Before I get into the sides of fetus removal we should initially characterize premature birth. Premature birth is the obliteration of the hatchling, or unborn kid while the kid is still in the mother's belly. There are different sides to this fetus removal theme. The Pro-life which is the individuals who are against fetus removal inside and out and the Pro-decision the individuals who trust it is the ladies' entitlement to pick on the off chance that she needs to have a premature birth. By and by, I am Pro-decision and I accept there are some obvious motivations to why I stand firm. In my paper I will bolster my situation with realities about fetus removal, and regions where Pro-life infer that those on the side of a lady's entitlement to pick premature birth are executioners - signifying hostile to life, which is out and out false. Leading I need to express that for a fourth of a century a great many ladies have grown up under the security of Roe versus Swim, secure in the information that opportunity to pick is an essential American worth, and a naturally ensured right. Albeit some contradict premature birth, it might be expected to either absence of information, or that adversaries of fetus removal rights guarantee that over 90% of all premature births are utilized as a substitute for a preventative (Quick Facts). Abortionists prohibit from this definition that lone a portion of those performed are a result of a lady's life at serious risk, there is extreme lethal deformation, or on the grounds that the pregnancy was an aftereffect of assault or interbreeding. Inferring ladies when all is said in done are unreliable and the individuals who might pick fetus removal do as such, with out cautiously thinking about the effect of their choices upon themselves and their families. Motivation to why I am Pro-decision... ...he book of scriptures. Well shouldn't something be said about different religions? Imagine a scenario where an individual doesn't know about GOD, or have confidence in them. Does this imply they will go to paradise and heck, when they don't have a clue what paradise and hellfire are? I feel that the choice of fetus removal must stay inside the individual, and ought to be made based on qualities and individual strict standards, regardless of whether they decide to incorporate religion or not, and ought to stay liberated from political obstruction. Taking everything into account, the issue of premature birth keeps on being examined, discussed, and even tragically, make a huge deal about. In order to settle this questionable issue, I've given my insight and convictions on the issue. Getting over my primary concerns, that it is the ladies' entitlement to pick in the event that she needs to have a fetus removal, and that Pro-life suggest a ton of misimpressions to society which are false.

Thomas Reid's Position on Common Sense Essay Example | Topics and Well Written Essays - 1500 words

Thomas Reid's Position on Common Sense - Essay Example This was idea to condition human experience and make conceivable information on good, strict, and logical kind. The principal scholars were Herbert of Cherbury, just as Rene Descartes; other British agents were Henry Lee, Claude Buffier, Henry Home, G. Leibniz, and some more (Redekop, 2009, p.407). Thomas Reid is viewed as an originator of the Scottish School of Common Sense, whose thoughts affected a few ages of scholars well all through the nineteenth and twentieth hundreds of years. Dismissing the Theory of thoughts, he guaranteed that it was â€Å"sensus communis† (the term Reid used to depict the â€Å"common sense†) that ought to be seen as a strong premise of the philosophical journey. Reid’s principle contentions on presence of mind spun around his response to the thoughts by Hume and Berkeley. Hume accepted that an individual can never understand what the world which is outer for him/her comprises of, since human information is confined by the thoughts t hat are available in human brain. Berkeley, in his turn, kept up that the outside world is simply thoughts innate in human brain. Both Berkeley and Hume declared that a psychological wonder exists as view of certain psychological items (Yaffe and Nichols, 2009, [online]). In opposition to these thinkers, Reid declared that the establishments of good judgment give a support to human confidence in the presence of an outer world. Reid gave reaction to the contentions by Hume, both naturalistic and doubtful by conceiving a lot of presence of mind standards. He considered them to be the premise of sane view of the world and levelheaded idea. To outline, any individual who subscribes to a philosophical contention should genuinely surmise specific convictions. The models are I am addressing a genuine individual, or the outer world exists under the laws which stay unaltered. Along these cases, more presuppositions can be discovered, which are generally positive, significant, and reality-bas ed. In this specific situation, it merits referencing that Reid doesn't see the faith in these principles’ rightness as something sound. Rather, he states that it is reason that requests that the previously mentioned standards go about as essentials and that it is human psyche that inalienably delivers them. In this manner, the topic of rational soundness emerges here, which Reid accepts reclines on his comprehension of the presence of mind working. Corresponding to this, Reid composes, â€Å"For, before men can reason together, they should concur in first standards; and it is difficult to prevail upon a man who shares no standards for all intents and purpose with you.† (Reid, 1846, p.230). Reid likewise accepted that characteristics are to be in â€Å"(...) Something that is figured, hued, hard or delicate, that moves or stands up to. It isn't to these characteristics, yet to that which is the subject of them, that we give the name body. In the event that any man sho uld think fit to deny that these things are characteristics, or that they require any subject, I leave him to make the most of his sentiment as a man who denies first standards, and isn't fit to be contemplated with.† (Reid, 1785, p.766) While Reid’s position on good judgment can be surely known through investigating his analysis of Hume, I might want to quickly plot his thoughts in regards to Hume’s comprehension of information. As it has just been referenced, Hume alongside Descartes, Locke, and Berkeley built up the perfect hypothesis of human brain, which Reid invalidated by offering the positive thought of psyche. The establishing contention against the hypothesis by Hume is

Using Your MBA Essay Samples to Help You Get The Job That You Want

Using Your MBA Essay Samples to Help You Get The Job That You WantIn most cases, when a person gets interested in their career goals, they immediately begin writing a résumé or cover letter for the job that they want. However, most of these people fail to keep track of all of the jobs that they applied for. By doing this, you will have to start tracking all of the jobs that you apply for as well. In most cases, if you are a student at college, this is an incredible benefit.When you apply for jobs, many employers will ask you questions about your personal background and education, but they will never ask you about your specific jobs. However, when you do your MBA essay samples, you will always be able to include all of the jobs that you have applied for. Even though they may not ask you specifically about the jobs that you applied for, they may be interested in knowing about the skills that you have learned from them. Therefore, by doing your MBA essay samples, you will be able to m ake it easier for any employer to hire you.The first thing that you need to remember is that there are many different ways that you can do your MBA essay samples. You will need to choose the one that works best for you. The next thing that you need to remember is that you should use the kind of material that you are most comfortable with. This means that you need to get the kind of material that you have been learning, and not something that you are coming up with on the fly.By doing your MBA essay samples, you will also have an opportunity to show that you are well rounded and that you are one of the better applicants out there. In order to do this, you will need to write multiple documents. The first document that you will need to do is an employment letter. Your employment letter should be very simple and to the point. It will show that you have experience in the job that you want, and it will show that you have a good work ethic and that you are committed to getting the job that you want.If you are going to do the employment letter, it is a good idea to have the head of the human resources department look at it to make sure that it is concise and to the point. The last thing that you need to do is to turn it into a resume. The reason that you are doing a resume is that it will help you get the interview that you want. Therefore, the resume that you write should be concise and to the point, but it should also show that you are organized and a very serious candidate.By using your MBA essay samples, you will find that you are prepared for the interview that you are getting. In addition, it will show that you are really serious about your job search and that you are passionate about getting the job that you want. Therefore, it will be easier for you to get hired by an employer if you include a resume in your MBA essay samples.There are many benefits to writing your MBA essay samples. By doing this, you will have more control over what you put on it. Additional ly, it will show that you have a strong background in the specific fields that you are applying for. Finally, the fact that you have done your MBA essay samples will give you the chance to include all of the jobs that you have applied for.

Benefits Of Going For College Essay - 934 Words

The Benefits of Going to College Mostly everyone knows that going to college and receiving a degree can make the difference between having a job and having a career. There are several other benefits of going to college, like learning how to live on your own and learning new social skills, as well as other daily skills you couldn’t learn in a class room. Studying and writing papers when I’d rather be having fun or even sleeping may seem painful, but earning a college degree leads to personal growth and development. I graduated from high school when I was just sixteen years old. I was young and thought I knew everything. I had no idea what it meant to be an adult. When I was in high school I didn’t have to get up before nine in the morning. I was able to work at my own pace because I went to an alternative school for troubled youth. There was no deadlines on homework. You could just turn them in whenever you got finished. At the time I thought that college was going to be the same way just with harder classes. I was very wrong. College has taught me so much already. It has really made me develop and grow as a person. I have learned how to get up early and turn assignments in by the deadline. I have learned not to procrastinate, study skills and social skills. All of which was not taught in a classroom. College has helped me learn how to get up on time. When I first started in college in 2005 I was only eighteen years old. I stillShow MoreRelatedBenefits Of Going Into The Workforce944 Words   |  4 PagesWhen one chooses to go to college, they are investing in their future career. Once a young adult leaves high school they have a choice to either go to college or to go into the workforce. When deciding which path they will take, they must look at both the benefits and disadvantages. 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1.3 Explain the Responsibilities of the Assessor Essay

1.3 Explain the responsibilities of the assessor * Carrying out assessments in accordance with EAL assessment specifications and assessment documentation * Ensuring evidence provided by learners is sufficient to meet EAL requirements * Providing feedback to the learner about performance and achievement * Devising and agreeing an assessment action plan with the learner as appropriate * Completing all relevant assessment forms and returning them to the internal quality assurer/Centre Contact * Providing feedback to the internal quality assurer * Upholding the standards of the award 3.2 Evaluate the benefits of using a holistic approach to assessmentBy collecting evidence/ information from the learner via†¦show more content†¦But the learner might not be honest or self-critical. * Use of formal / informal witness testimonies * Peer observation * Self-assessment * Initial assessment * reflection 4.4 explain how assessment arrangements can be adapted to meet the needs of individual learners Need to adapt assessment arrangements to meet the needs of the learner Examples of how assessment arrangements may need to be adapted to meet: * Language requirements * Cultural or religious requirements * Physical disabilities * Particular learning needs * Identify individual assessment req. * Agreeing assessment methods with the learner * Using different methods to assess * Repeat assessment * LSO 6.1 evaluate the importance of quality assurance in the assessment process The importance of quality assurance in terms of: * Ensuring the reliability of assessment decisions * Fairness to individual candidates * Upholding the credibility of assessment processes and decisions * Ensuring consistency * This is to determine if the delivery and assessment meets the requirements of the standards or assessment criteria , the whole assessment process needs to be accutat, consistate, safe and meets all organisation requirements. 6.2 summarise quality assurance and standardisation procedures in own area of practiceShow MoreRelatedEssay on Assessment1124 Words   |  5 PagesUNDERSTANDING THE PRINCIPLES AND PRACTIES OF ASSESSMENT 1.1 EXPLAIN THE FUNCATIONS OF ASSESSSMENT IN LEARNING AND DEVELOPMENT. 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The Duel for North America, 1608-1763 Essay Sample free essay sample

I. France Finds a Foothold in Canada Like England and Holland. France was a latecomer in the race for settlements. It was convulsed in the 1500s by foreign wars and domestic discord. In 1598. the Edict of Nantes was issued. leting limited acceptance to the Gallic Huguenots. When King Louis XIV became king. he took an involvement in abroad settlements. In 1608. France established Quebec. overlooking the St. Lawrence River. Samuel de Champlain. an audacious soldier and adventurer. became known as the â€Å"Father of New France. † He entered into friendly dealingss with the neighbouring Huron Indians and helped them get the better of the Iroquois. The Iroquois. nevertheless. did hamper Gallic attempts into the Ohio Valley subsequently. Unlike English settlers. Gallic settlers didn’t immigrate to North America by hosts. The provincials were excessively hapless. and the Huguenots weren’t allowed to go forth. II. New France Fans Out New France’s ( Canada ) one valuable resource was the beaver. Beaver huntsmans were known as the coureurs de bois ( smugglers of the forests ) and littered the land with topographic point names. including Baton Rouge ( ruddy stick ) . Terre Haute ( high land ) . Des Moines ( some monastics ) and Grand Teton ( large chests ) . The Gallic voyageurs besides recruited Indians to run for beaver every bit good. but Indians were decimated by the white man’s diseases. and the beaver population was to a great extent extinguished. Gallic Catholic missionaries zealously tried to change over Indians. To queer English colonists from forcing into the Ohio Valley. Antoine Cadillac founded Detroit ( â€Å"city of straits† ) in 1701. Louisiana was founded. in 1682. by Robert de LaSalle. to hold Spanish enlargement into the country near the Gulf of Mexico. Three old ages subsequently. he tried to carry through his dreams by returning. but alternatively landed in Spanish Texas and was murdered by his mutinous work forces in 1687. The fertile Illino is state. where the Gallic established garrisons and trading stations at Kaskaskia. Cahokia. and Vincennes. became the garden of France’s North American imperium. III. The Clash of Empires King William’s War and Queen Anne’s WarThe English settlers fought the Gallic coureurs de bois and their Indian Alliess. Neither side considered America of import plenty to blow existent military personnels on. The French-inspired Indians ravaged Schenectady. New York. and Deerfield. Mass. The British did seek to capture Quebec and Montreal. failed. but did temporarily hold Port Royal. The peace trade in Utrecht in 1713 gave Acadia ( renamed Nova Scotia ) . Newfoundland. and Hudson Bay to England. squeezing the Gallic colonies by the St. Lawrence. It besides gave Britain limited trading rights with Spanish America. The War of Jenkins’s Ear An English Captain named Jenkins had his ear cut off by a Spanish commanding officer. who had basically sneered at him to travel place weeping. This war was confined to the Caribbean Sea and Georgia. This war shortly merged with the War of Austrian Succession and came to be called King George’s War in America. France allied itself with Spain. but England’s military personnels captured the reputed inviolable fortress of Cape Breton Island ( Fort Louisbourg ) . However. peace footings of this war gave strategically located Louisbourg. which the New Englanders had captured. back to France. shocking the settlers. who feared the garrison. IV. George Washington Inaugurates War with France The Ohio Valley became a battlefield among the Spanish. British. and Gallic. It was exuberant. fertile. and really good land.In 1754. the governor of Virginia sent 21 year-old George Washington to the Ohio state as a lieutenant colonel in bid of about 150 Virginia Minutemans. Meeting some Frenchmans in the wood about 40 stat mis from Fort Duquesne. the military personnels opened fire. killing the Gallic leader. Later. the Gallic returned and surrounded Washington’s hurriedly constructed Fort Necessity. fought â€Å"Indian style† ( concealing and guerrilla combat ) . and after a 10-hour besieging. made him give up. He was permitted to process his work forces off with the full awards of war. V. Global War and Colonial Disunity The 4th of these wars between imperiums started in America. unlike the first three. The Gallic and Indian War ( AKA Seven Years’ War ) began with Washington’s conflict with the Gallic. It was England and Prussia vs. France. Spain. Austria. and Russia. In Germany ( Prussia ) . Fredrick the Great won his rubric of â€Å"Great† by driving Gallic. Austrian. and Russian ground forcess. even though he was severely outnumbered. Many Americans sought for the American settlements to unify. for strength ballad in Numberss. In 1754. 7 of the 13 settlements met for an inter-colonial Congress held in Albany. New York. known merely as the Albany Congress. A month before the Congress. Ben Franklin had published his celebrated â€Å"Join or Die† sketch having a serpent in pieces. typifying the settlements. Franklin helped unify the settlers in Albany. but the Albany program failed because the provinces were loath to give up their sovereignty or power. Still. it was a firs t measure toward integrity. VI. Braddock’s Blundering and Its Aftermath In the beginning. the British sent haughty 60 year-old Gen. Edward Braddock to take a clump of inexperient soldiers with slow. heavy heavy weapon. In a conflict with the Gallic. the British were ambushed routed by Gallic utilizing â€Å"Indian-tactics. † In this conflict. Washington reportedly had two Equus caballuss shot from under him and four slugs go through his coat. but neer through him. Afterwards. the frontier from Pennsylvania to North Carolina felt the Indian wrath. as scalping occurred everyplace. As the British tried to assail a clump of strategic wilderness stations. licking after licking piled up. VII. Pitt’s Palms of Victory In this hr of British problem. William Pitt. the â€Å"Great Commoner. † took the lead. In 1757. he became a first leader in the London authorities and subsequently earned the rubric of â€Å"Organizer of Victory† Changes Pitt made†¦ He soft-pedaled assaults on the Gallic West Indies. assaults which sappedBritish strength. and concentrated on Quebec-Montreal ( since they controlled the supply routes to New France ) . He replaced old. cautious officers with younger. make bolding officers In 1758. Louisbourg fell. This root of a garrison began to shrivel the New France vine since supplies dwindled. 32 year-old James Wolfe. dashing and attentive to detail. commanded an ground forces that boldly scaled the drop walls of a portion protecting Quebec. met Gallic military personnels near the Plains of Abraham. and in a conflict in which he and Gallic commanding officer Marquis de Montcalm both died. the Gallic were defeated and the metropolis of Quebec surrendered. The 1759 Battle of Quebec ranks as one of the most important battles in British and American history. and when Montreal fell in 1760. that was the last clip Gallic flags would wing on American dirt. In the Peace Treaty at Paris in 1763†¦France was wholly kicked out of North America. This meant the British got Canada and the land all the manner to the Mississippi River. The Gallic were allowed to retain several little but valuable sugar islands in the West Indies and two never-to-be-fortified islets in the Gulf of St. Lawrence for angling Stationss. France’s concluding blow came when they gave Louisiana to Spain to counterbalance for Spain’s losingss in the war. Great Britain took its topographic point as the taking naval power in the universe. and a great power in North America. VIII. Restless Colonists The settlers. holding experient war firsthand and come out masters. were really confident. However. the myth of British indomitability had been shattered. Ominously. clash developed between the British officers and the colonial â€Å"boors. † I. e. . the British refused to acknowledge any American officers above the rank of captain. However. the hardworking Americans believed that they were peers with the Redcoats. and problem began to brew. Britishs were concerned about American secret trade with enemy bargainers during the war ; in fact. in the last twelvemonth of the war. the British forbade the export of all supplies from New England to the in-between settlements. Besides. many American colonials refused to assist contend the Gallic until Pitt offered to reimburse them. During the Gallic and Indian War. though. Americans from different parts of the settlements found. surprisingly to them. that they had a batch in common ( linguistic communication. tradition. ideals ) and b arriers of disunity began to run. IX. War’s Fateful Aftermath Now that the Gallic had been beaten. the settlers could now roll freely. and were less dependent upon Great Britain. The Gallic consoled themselves with the idea that if they could lose such a great imperium. possibly the British would one twenty-four hours lose theirs excessively. Spain was eliminated from Florida. and the Indians could no longer play the European powers against each other. since it was merely Great Britain in control now. In 1763. Ottawa Chief Pontiac led a few French-allied folks in a brief but bloody run through the Ohio Valley. but the Whites rapidly and cruelly retaliated after being caught off guard. One commanding officer ordered covers infected with variola to be distributed. The force convinced Whites to post military personnels along the frontier. Now. land-hungry Americans could now settle West of the Appalachians. but in 1763. Parliament issued its Proclamation of 1763. forbiding any colony in the country beyond the Appalachians. Actually. this papers wa s meant to work out the Indian job by pulling the â€Å"out-of-bounds† line. But. settlers saw it as another signifier of subjugation from a far off state. Americans asked. â€Å"Didn’t we merely fight a war to win that land? † In 1765. an estimated one thousand waggons rolled through the town of Salisbury. North Carolina. on their manner â€Å"up west† in rebelliousness of the Proclamation. The British. proud and haughty. were in no manner to accept this blazing noncompliance by the lowly Americans. and the phase was set for the Revolutionary War. Ten. Makers of America: The Gallic Louis XIV envisioned a Gallic imperium in North America. but lickings in 1713 and 1763 snuffed that out. The first Gallic to go forth Canada were the Acadians.The British who had won that country had demanded that all occupants either swear commitment to Britain or go forth. In 1755. they were forcefully expelled from the part. The Acadians fled far south to the Gallic settlement of Louisiana. where they settled among sleepy bayous. planted sugar cane and Sweet murphies. and practiced Roman Catholicism. They besides spoke a Gallic idiom that came to be called Cajun. Cajuns married the Spanish. Gallic. and Germans. They were mostly isolated in big households until the thirtiess. when a bridge-building fling engineered by Governor Huey Long. broke the isolation of these bayou communities. In 1763. a 2nd group of Gallic colonists in Quebec began to go forth. heading toward New England because hapless crops led to miss of nutrient in Quebec because†¦ The people hoped to return to Canada someday. They notably preserved their Roman Catholicism and their linguistic communication. Yet today. about all Cajuns and New England French-Canadians speak English. Today. Quebec is the lone mark of Gallic being that one time ruled. Gallic civilization is strong at that place in the signifier of route marks. schoolrooms. tribunals. and markets. articulately attesting to the continued verve of Gallic civilization in North America.

SFSU needs to replace JEPET

San Francisco State University has one of the most dreaded writing tests by students. This test is known as Junior English Proficiency Essay Test, JEPET. JEPET test is taken after the first two years of study, upon successful 48 semesters and before their 80th semester unit to fulfill the graduation writing requirement. Those who fail must take the English 414 whish will satisfy the university that a student has fulfilled their writing requirement for graduation.Advertising We will write a custom essay sample on SFSU needs to replace JEPET specifically for you for only $16.05 $11/page Learn More However a student must take JEPET before taking English 414. This is usually a timed exam handwritten and student must write a well organized argumentative essay on a given topic and base it on evidence provided. The only reference materials allowed are a dictionary, a thesaurus and a spell checker. This makes it a general writing proficiency test and students en d up not learning writing skills in the subjects they are taking. This essay is therefore aimed at explaining why JEPET should be scraped. The first major reason is that JEPET is a highly generalized one-time exam and not a writing course that only tests a student’s general writing proficiency. A one time exam is not a credible criterion of measuring a students writing proficiency. As it also only test a students general writing abilities and not subject oriented writing proficiency it therefore produces students â€Å"who cannot write† (Turner para 4). Therefore CFSU needs to replace JEPET with a more intensive and subjects based writing course. Secondly, because JEPET is just an exam and not a course, there is a very high failure rate (Turner para 17). This is occasioned by the fact that student who fail JEPET have to sit for English 414, when passed qualifies a student for graduation. The problem with this provision is that it encourages failure as students do not h ave to re-sit JEPET therefore defeating the purpose of the exam, which SFSU has made mandatory for graduation. Thirdly, JEPET is not in favor with SFSU students, many of whom prefer to have â€Å" a course intensive training within one major as it would make passing easier† (Turner para 17). Students will be motivated to be more attentive as they are being trained on subjects they have more appreciation for rather than a â€Å"general English exam† as they refer to JEPET (Turner para 23). This boosted learning morale will improve passing rates therefore necessitating the need to rethink JEPET. Last but not the least, is that JEPET is just an exam to facilitate exit from the university rather than test writing competence. A student must first write English 114 and English 214 before writing JEPET. JEPET seems to be a re writes of these two exams. If a student passes them but fails JEPET, it defeats the logic of SFSU refusing students to graduate until they write another exam (Turner para 34). In conclusion, even though JEPET was formulated with the intention of giving students writing proficiency it has not been successful. This is because it defeats the purpose of its own existence as students are not adequately trained to write. Furthermore those who pass only have general writing skills and not the relevant writing skills in their major subjects. This results in graduates who cannot write and if SFSU has this reputation, its graduates will loose market value as they will be unemployable.Advertising Looking for essay on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More Work Cited Turner, Jack. New Writing Courses Set to Replace JEPET by 2010, [x]press. San Francisco: SFSU Journalism Department. September 2008. Web. This essay on SFSU needs to replace JEPET was written and submitted by user Bobby Jordan to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Meaningful Learning Experience essays

Meaningful Learning Experience essays Throughout my years in elementary and high school, I am able to recall numerous experiences which stand out in my mind as meaningful. Certain teachers had different methods of making their lessons effective and easy to understand. However, in all of my memories, a single day in fifth grade is remembered as an exciting day that literally changed my life. I can vividly remember my first band lesson. The anticipation and excitement I felt as I opened my new saxophone case for the first time was simply inexplicable. I had never held an instrument before; it was all new to me. Yet, slowly, my band director began to instruct me on how to hold the instrument and the fingerings of basic notes. By the end of the lesson, I had learned to play Mary had a Little Lamb and Hot Cross Buns. At the time, I did not realize what made that lesson so memorable. As a 10-year-old child, I knew that I liked this new toy. I also felt that I was a good player. After all, I had learned to play two songs on my first day! In retrospect, however I realize that this positive experience can be attributed to more than just first-time excitement. My teacher had developed a lesson that was comprised of distinct and meaningful components. She began by introducing me to this new instrument, instructing me on basic techniques. This basic introduction was followed by a developmental period. With my teachers help, I began to learn beginning notes and note values. Together, we worked to develop my skills. The lesson was concluded by putting together all of the information that I had worked to develop. The random sounds that I made throughout the lesson became music as I performed my first songs. This gave the lesson a sense of closure, as well as a sense of accomplishment. This memorable learning experience was extremely valuable to me in the fifth grade. Ironicall...

McDonald's Seniors Restaurant Assignment Example | Topics and Well Written Essays - 750 words

McDonald's Seniors Restaurant - Assignment Example These elderly people do not have much to do, and can therefore comfortably spend half their day at her restaurant. According to the case, Quinn’s decision to accommodate her senior customers’ needs by allowing them to spend unlimited time at the restaurant does not improve the image of her McDonald’s franchise. Instead, it tarnishes it, and makes her restaurant appear like a rendezvous point for the old people in her town. The seniors spend a lot more time interacting within the facility than they do making actual purchases. They remain there for hours and fill up the chairs that would have otherwise been occupied by a consecutive number of people. If this trend continues, then Quinn’s profits may plummet. This is because the opportunity cost incurred per chair during these periods is too high to be overlooked. In addition, younger customers may also not want to be associated with a restaurant that has a predominantly elderly crowd. On the other hand, Quin n has successfully established a niche market for herself within the elderly population in her town. She is assured that she can rely on this crowd to bring in the bulk of her income. These seniors value the relationship that they have created with Quinn and her employees above the expenses that they incur whenever they eat at her restaurant (Blythe, 2005). It is almost certain that there will always be old people for Quinn to attend to. They are not as energetic and ambitious as the youth, and would therefore opt to remain where they currently reside. It is therefore necessary that she works towards retaining this loyal clientele. In this regard, Quinn should definitely encourage the senior citizens to keep coming to her restaurant. The party room area, which is able to hold as many as 150 people, should be converted into a recreational space for the seniors. These older people can play the bingo games there, and this would prevent congestion in the main dining area during the morn ing hours. It would also allow her employees to establish a similarly good rapport with the younger patrons who frequent the restaurant. Young customers are generally impatient, and thus if they feel neglected, then they would opt to have their meals elsewhere. Additional room in the dining area would also attract more people to the restaurant. However, there should never be, as Blythe (2005) puts it, â€Å"an over-emphasis of acquiring new customers, at the expense of ensuring that the firm keeps its old ones.† The seniors, who have been Quinn’s loyal customers all through, must continue to enjoy excellent services. Quinn McMahon should introduce the bingo idea during the slow morning hours of 9am to 11am. Since bingo games are popular with some senior citizens, she should ensure that the party room is available for the games. The bingo idea is very viable because it will earn her extra revenue above the normal food and drink purchases. The customers will be charged $ 2 each for the two-hour period and run the game with two of her employees who are underutilized. Quinn should also ensure that coupons are readily available as the prizes to make the games legal, and enable senior citizens to make purchases with them at her retail store. The coupons should also amount to a huge amount of the bingo receipts sold in small amount prices to

Explain in scholarly detail how important is the MANAGEMENT FUNCTION- Essay

Explain in scholarly detail how important is the MANAGEMENT FUNCTION- to individuals and to society - Essay Example Having determined the cause-effect relationship between the success of a company and the society, importance of the role of a manager in making both successful can be assessed. A company achieves its goals through the efficiency of a manager. The manager makes use of four fundamental functions to make this happen, namely planning, organizing, leading and controlling. â€Å"A firm with excellent goals could still fail miserably by being inefficient, meaning that the company hired the wrong people, lost key contributors, relied on outdated technology, and made poor investment decisions† (Certo and Certo, 2008). That is why managers serve as the drivers of success because they plan the way projects would be executed, they recruit people, they assign workers their roles and responsibilities and supervise them with a view to ensuring that they are on the right track and giving their best. So management function is extremely important to both the individuals and the

Analyzing Personal Conflict Management Styles Essay Example for Free

Analyzing Personal Conflict Management Styles Essay Conflict management is the detriment of many teams or groups in accomplishing its goals. This is because most people do not understand the different conflict styles and how to apply the rules and principles associated with the style you may be dealing with. In this paper I will analyze three of the five management styles discussed in the textbook Communication in Small Groups. Avoidance and competition are two styles that I believe have the greatest effect on hindering a group or team from accomplishing its goals. Collaboration, however, is a style that I believe is most effective in assisting a team in attaining its goals. This is a style that I use not only in my professional life but also in my personal life and have seen the difference this style of conflict management makes on individuals who are approached with this technique. Avoidance, according to the Collins English Dictionary is â€Å"the act of keeping away from or preventing from happening. † This definition sums up the reason I believe that of the five conflict managing styles, this one is among the top reasons some teams fail at achieving their goals. Whether it is just that a person does not like confrontation, are afraid to voice his or her true opinions out of fear, or simply do not want to hurt another person’s feelings, the simple fact remains that the team may not be aware of everything they need to consider. They miss the opportunity to be more objective in reaching an educated decision on the goals the team is trying to attain. This can also lead to members of the team feeling as though a member does not care and give them reason to discount whatever input that member may have. It is important to remember that there are certain instances when avoidance is needed to move the team along. For instance if what is causing the conflict is something trivial that will not have an adverse effect on the ultimate goal of the team it is likely a good idea to avoid it. It may be also be a good idea to use this method temporarily to give a team time to gather their thoughts on an important issue they need to resolve, but cannot get certain members to be objective or reasonable because they are standing firm behind their point of view. Competition is a conflict management style exactly opposite of avoidance. This is a very confrontational style, which characteristics consist of forcefully persuading others that their position is the only correct position. A person who exerts this style in most cases seeks to win with the intent of another person losing. They want control and work to achieve it no matter what. This type of style is infectious to a team. It is hard for a team to work at attaining a common goal if the level of competition in the team is such that no one can agree. Competition often leads to unethical ways of trying to persuade others in the team like shouting, or even threatening. These types of behaviors lead to defensiveness and distrust as members may feel as if they are forced into a decision rather than arriving at a decision on their own. Again, just like with all management styles it is not always a bad thing to be competitive. When working as a team it is important to remember the goals of the team and be mindful that the actions taken are working toward that goal. No matter how right a person is individually, he or she must find a way to get the rest of the team to agree that their point of view is correct or the best action for the goal the team is trying to accomplish. Otherwise, they will accomplish nothing and alienate themself from the team. The other members of the team can again feel as if that member does not care about what is best for the team and discount his or her ideas as one sided. Of all of the conflict management styles, collaboration is the style that most researchers agree is the best for achieving the goals of a team. â€Å"To collaborate is to have a high concern for both yourself and others† (Beebe Masterson, 2009, p. 52). This common belief among users of this style drives them to search for answers using all of the tools at the team’s disposal. The different dynamics of the team become assets. They see the differences that distinguish the members of the team as points of view are respected and viewed objectively. Differences like a male versus a female’s perspective, race, culture, and even social or economic status are viewpoints that give all in the team a bigger picture of the different issues they may need to consider when coming to a conclusion about how best to achieve their goal. Though this style is thought of as the best route for teams to use, it is lso one of the most difficult. Even a person who has a natural talent or personality that promotes this style of conflict management has to practice to be effective using this style in a team setting. A person cannot be judgmental and must be sure not to take anything said personally. This is something that most if not all of the team members must have an awareness of. All team members have to feel comfortable with the results and with what was given up from their own personal point of view to arrive at the team’s decision. This style is also very demanding so it requires a good amount of patience. Depending on how quick a decision is needed it is not always possible for a team to achieve and some in the team may not believe that their best interests were achieved. I realized through this research that I am a person who naturally uses the collaboration style of conflict management in many areas of my life. In my relationship with my wife, I use collaboration as a way to strengthen our alliance in running our household. Feeling as if we are a team benefits the decisions we make for our family. Our children see us as united in our decision making. This is something we had to work to achieve and collaboration was the key to its success. We had a competitive style at first and our children would use that fact to split us up on decisions that we made pertaining to them. I could break that cycle by focusing on putting our ego’s aside. Our discussions were no longer about who was right or wrong. It was a process that started with accommodation to show I was willing to take the first step. That eventually grew into compromise, which is what most couples strive for. Finding a middle ground gives most couples the sense that they are working as a team. Collaboration, however, is the ability of that team not to find a middle ground, but actively work to agree and the best plan or action together by understanding and processing each other’s viewpoint to come up with decisions together. It is a style that comes in handy when training my children on the importance of being responsible and accountable for their actions. Collaborating on goals so that they are part of the decision-making process empowers them to believe they have control over what decisions they make. In my school and professional life collaboration has proven to be a way to drive for results. Team members work better when they are at ease in their decision-making, and everyone is comfortable with each other. Disagreements work themselves out with little stress because of the trust established through everyone’s willingness to collaborate on the goals set in place. Because the goals were set together, everyone has a vested interest in its outcome and most want that outcome to be a successful one. When I do encounter a person on my team with a conflicting style, I tend to take some time away from the situation to evaluate the best course of action for our progress. I take into account the level of importance our issue may have on our ultimate goal and what if any ethical issues are involved. Collaboration, though it is my favorite approach, is not always the approach I may use to resolve the issue. I am not one to avoid the issue entirely, but I have had to use accommodation, compromise, and even competition depending on what the issue is and what personality I am dealing with. In conclusion, you can see that there is no one way to manage conflict. I believe that being able to adapt to the different conflict styles will assist a person in overcoming conflict. Collaboration best supports a person who is adaptable and best supports a team’s objective because it focuses on the goals of the team by giving each person on the team’s needs equal importance.

Ritalin: Abuse Essay -- essays research papers

Ritalin: A Miracle Drug, or Another Cocaine?   Ã‚  Ã‚  Ã‚  Ã‚  If the term â€Å"Attention Deficit Hyperactivity Disorder†(ADHD) is mentioned, the first thing that comes to many people’s minds is a drug called Methylphenidate, commonly referred to as â€Å"Ritalin†. Most people know Ritalin is prescribed for ADHD, and they most likely know at least one person who is currently taking it. However, in the 1960s, Ritalin and many other amphetamines were recognized as abusive substances, so many new controls were introduced to more closely monitor the prescribing of these drugs. Despite these new restrictions, the abuse and over-prescribing of Ritalin has re-emerged from the shadows.   Ã‚  Ã‚  Ã‚  Ã‚  One way the over-prescribing of Ritalin has emerged is its constant use for treating ADHD in children and adolescents. ADHD is a behavioral disorder and generally infects boys between the ages of six and fourteen (United Nations Warning on Ritalin, 1). Data shows that 10-12% of all boys in this range are taking Ritalin for the treatment of diagnosed ADHD. Since 1990, the number of people taking Ritalin has increased by 500%. As of now, the United States has the highest level of Ritalin use and production. Canada uses just under half of what the U.S. uses of Ritalin and no other countries have come close. 7-10% of the U.S.’s boys are on this drug, which is an overwhelming number compared to other countries around the world. As a result of this, the gover...

Legalizing Same Sex Marriage

Damien. Lorden Unit 3 Individual Project There are many cause and effects to legalizing same-sex marriage, whether they are beneficial or not depends on the situation at hand. It’s becoming more common in today’s society to be homosexual. Most of the older generations think that it’s something that shouldn’t be legalized, weather it is has to deal with religion, someone’s way of life or whatever else the case may be.Although on the other hand, the younger generations now are becoming more accepting of the thought of same-sex couples. Most young adults/teenagers think that same-sex marriage is acceptable; that everyone should have the right to be happy and love is love no matter what they are. Even though there have been some good bad explanations to why same-sex marriage shouldn’t be legal; there are also many reasons why same-sex marriage should be legalized. There are many benefits to legalizing same-sex marriage that most neglect to realiz e.According to Ramesh Ponnuru in â€Å"Coming out Ahead,† Ponnuru states, â€Å"three causes that change the public’s attitude towards same-sex marriage are sexual revolution, gay activism in the 1990’s, and the disappointment of social conservative organizations† (Ponnuru, 2003). He continues to state â€Å"it’s time for conservatives to take their cue from the New Jersey Nets, or maybe from those hard-luck kids, the Boston Red Sox† (Ponnuru, 2003). He explains how it’s time to accept the revolution and stop trying to use other problems to avoid the difference in lifestyles of the old days and face the new upcoming eras.The times are changing and so should the way the government compares the new rules and regulations of today to previous eras and generations. The way people think and live today are similar, but not the same to how we thought and lived back then. The technology, economy, government, and even schools have changed throu ghout time. If inanimate objects can change throughout time with rules and regulations changing based on their evolution, why can’t rules and regulation change based on era changes/evolutions?In â€Å"What Century Is This Anyway† Edmund White states how â€Å"his generation watched their families marry and with that, 1 out of every 2 marriages ended with a divorce† (White, 1998). With White’s previous quote it could be used as a statement to help benefit legalizing same-sex marriage because: with legalizing same-sex marriage it could help by increasing marriage rates and help with lowering or at least maintaining the divorce rate. â€Å"The first state to legalize same-sex marriage was the state of Massachusetts in 2004† (ProCon. org, 2013).This had lead Massachusetts to have â€Å"their divorce rate lowered 21% between the years 2003 and 2008 also resulting in the lowest divorce rate in the country in 2008† (ProCon. org, 2013). On the other hand, â€Å"Alaska was the first state to alter its constitution to ban same-sex marriage in 1998 causing an increase of 17. 2% in its divorce rate† (ProCon. org, 2013). â€Å"Between the years 2003 to 2008, the seven states with the highest divorce rating all had constitutional prohibitions to same-sex marriage† (ProCon. org, 2013). Most would think that divorce rates count for at least something in the government and economy today.On the gaymarriage. procon. org website is a list of pros and cons for legalizing same-sex marriage. According to one of the many pros listed, â€Å"same-sex marriage could benefit everyone by financial gain to state and local governments† (ProCon. org). Between â€Å"marriage licenses, higher income taxes (the so-called â€Å"marriage penalty†), and the decreases in costs for state benefit programs. The Comptroller for New York City found that legalizing gay marriage would bring $142 million to the City’s economy and $184 million to the State’s economy over three years† (ProCon. org). Same-sex marriage will also make it easier for same-sex couples to adopt† (ProCon. org, 2013). This would benefit the â€Å"US with the 100,000 children are waiting to be adopted, a longitudinal study published in Pediatrics on June 7, 2010† (ProCon. org, 2013). This study â€Å"found that children of lesbian mothers were rated higher than children of heterosexual parents in social and academic competence. The children also had fewer social problems† (ProCon. org, 2013). â€Å"Another study on July 2010 found that children of gay fathers were â€Å"as well-adjusted as those adopted by heterosexual parents†Ã¢â‚¬  (ProCon. rg, 2013) In conclusion, legalizing same-sex marriage can be a very beneficial thing for our government as well as the economy. With the change of times, generations and eras, it’s time to change the ways and views of traditional values. â€Å"Two people of the same sex who love each other should be allowed to publicly celebrate their commitment and receive the same benefits of marriage as opposite sex couples† (ProCon. org). â€Å"There is no such thing as traditional marriage† (ProCon. org). It’s time to except the revolution!

Gender Stereotypes Essay - 1334 Words

Since the beginning of time, gender has played a big role in how one acts and how one is looked upon in society. From a young age children are taught to be either feminine or masculine. Why is it that gender plays a big role in the characteristics that one beholds? For centuries in many countries it has been installed in individual’s heads that they have to live by certain stereotypes. Women have been taught to be feeble to men and depend on them for social and economical happiness. While men have been taught to be mucho characters that have take care of their homes and be the superior individual to a woman. For the individuals who dare to be different and choose to form their own identity whether man or woman, they are out casted and†¦show more content†¦It is unfair that literature teaches women to be such things, it teaches women â€Å"To become women nurses rather than doctor, secretaries rather than attorneys or corporate executives, sex symbols rather than thin kers, elementary school teachers rather than university professors.† (Feminist Criticism 1132) In Jamaica Kincaid’s fiction short story â€Å"Girl† a mother is teaching her young daughter on how to society wants her to act as a female. She is teaching the young girl not to form her own identity and beliefs but to live by how others want her to live. The mother gives the daughter several rules to live by and suggests that if she doesn’t live by these rules she will become a slut. The setting of this story seems to take place in a Caribbean island. This shows that no matter what a female culture is, she is taught the same things like the rest of the world. The mother tells the daughter â€Å"This is how you iron your fathers khaki shirt so that they don’t have a crease; this is how you iron your fathers pants so that they don’t have a crease.† (Jamaica Kincaid 566) The mother is not teaching the daughter how to survive as an individual but how to survive and be accepted by a community that is more than likely ruled by men. Even though wo men have been oppressed for many years in many cultures, there areShow MoreRelatedGender And Gender Stereotypes1141 Words   |  5 PagesGender and race stereotypes are primordial. They have existed forever and are still prevalent in today’s society. The most prominent of these are feminine, masculine, and race stereotypes. With these stereotypes, it can easily be demeaning and make people feel trapped. Films, childrens books, literacy, and fairy tales often convey these stereotypes. Females have been seen as the lesser gender for years. Women are seen as weak, insecure, and dependent people. They are most typically portrayed asRead MoreGender Stereotypes : Gender And Stereotypes Essay1973 Words   |  8 PagesGender stereotypes emerge across time and throughout different cultures and typically they are ascribed to individuals in order to conform to sociocultural ideas and biological norms (Johnston Diekman, 2015). This behaviour is often influenced upon individual s in the earliest stages of life when a infant is not yet capable of expressing his or her own preferences in terms of gender identity, leaving the young child s parents and other adults to choose for them (Pomerleau, et al., 1990).Read MoreGender Stereotypes1352 Words   |  6 Pagesname of Tyler. I am a walking victim of Gender Stereotyping. For as long as I can remember I have been stereotyped by my name and always have heard â€Å"Tyler is a boy name†, â€Å"I thought you were a boy wh en I heard your name† growing up my name was always questioned and people always would ask me the question of â€Å"why did your mom name you Tyler?† After 20 years of life, I am still faced with the question of â€Å"isn’t Tyler a boy name?† I am a walking Gender Stereotype. I have often come to even ask myselfRead MoreStereotypes And Stereotypes Of Gender Stereotypes Essay939 Words   |  4 Pagesbetween which gender was more superior than the other. Males won the battle of the sexes and women had to fight hard for their freedom of equality and right to vote. Even though today women are no longer restricted, like they were once were, they are still unable to achieve their dreams. This is from the gender role-stereotypes. These stereotypes affect their everyday life, school work, and even career choices. 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A stereotype that might be harder to break, either because the people who believe in that stereotype are too ignorant to look past it or because the people who need to rebel are not able to, is gender based stereotypes. One example of this type of stereotype is when gender roles appear inRead MoreGender Stereotypes In Nickel And Dimed1636 Words   |  7 PagesHowever, people in our society today have filled their heads with stereotypes in order to judge people and their abilities. And when hiring employees, stereotypes and first glances is all an employer sees and therefore care about. In her book, Nickel and Dimed, Barbara Ehrenreich proves that a person’s race and gender have a massive influence on the type of low-wage work a person can find, due to the stereotypes that are associated with gender and race in our society today. Ehrenreich exploits the abuseRead MoreGender Stereotypes in Literature1570 Words   |  7 PagesThroughout history women have been victims of many stereotypes. 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And is there any truth to the thought that humans enjoy crass humor more than other typesRead MoreGender Stereotypes1847 Words   |  8 PagesLiving in 21st century United States, being a  much more liberal  and inclusive environment than prior decades, gender â€Å"roles† and their normalities are being severely questioned and challenged. Americans have defined and established gender stereotypes that have become a critical part of how we look at gender roles and create biases about each gender. Stereotypes assume people who belong to a group will appear, behave, look, speak or sound like others from that group. The values, norms, practices

Causes Of The Opium Wars - 1048 Words

The Opium Wars were a series of conflicts that eventually led to China’s decline through the trade and abuse of the drug opium. The first of the Opium Wars (1839-42) was fought between China and Britain, and the second war (1856-1860) involved France as well. In both wars, the foreign powers triumphed over China, causing havoc, causing the fall of the Qing dynasty. Prior to the Opium Wars, China was full of rich culture, remarkable goods, and useful inventions. They had invented gunpowder, kites, and porcelain, all of which were in demand. The Qing dynasty had believed that they were superior to other countries, and refused to let any foreigners access any Chinese territory. There was only one area where trade was permitted, and it was†¦show more content†¦The amount of people using the drug soon increased as well due to the large amount of opium that soon became available throughout the country. The addictive nature also began to cause people to want, or even need, more and more of the drug, ensuring that it would be a continuous market for Britain. The amount of addicts skyrocketed to 12 million at one point, which soon led to a ban on the drug by Lin Zexu, commissioner of China. Zexu arrested dealers, seized crates of the drug, and then dumped 2.6 million pounds of it into the ocean. This was another cause for the opium war, as his actions angered British traders who were not able to get compensation from the British government. Overall, China’s strict trading techniques, in addition to the way they responded to the problem was one of the main causes of the opium wars. Another main cause for the opium wars was China’s unfair trade superiority. Prior to the opium wars, China was the leading trade nation for the world, with its long distance trade reaching many different area of the world, such as Southern Asia, the Middle East, and even Europe. China had the most commercial ships out of anybody in the world up to the 19th centur y, which helped expand its already large economy. China’s goods were in high demand, as they had paper, firearms, tool, silk, tea, porcelain, and much more, making them the world’s superpower for trade. By only accepting silver for these items, China began to haveShow MoreRelatedAnti Opium Movement, Opium War And Their Causes2510 Words   |  11 PagesJoel Palhegyi Final Paper Anti-Opium Movement, Opium War and Their Causes The main theme of 19th century was the imperialism expansion of western capitalistic industrial nations throughout the whole world. During this process, the conflicts between occidental imperialism powers and oriental countries never stopped. The First Opium War, well known as the Opium War, was the war that happened during September, 1839 to Autumn, 1842, between China and Britain. 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Music Is A Magical Piece Of History - 879 Words

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Assignment on Contract & Tort Law - Click to Get Solution

Question: Describe about the Contract Law for Law of Tort? Answer: There shall be two types of contracts that are to be constructed in relation to your business. For the purpose of making a legal relationship by way of a contract with the suppliers of meat and vegetables, a contract for distance selling is required to be formulated among you and the supplier. If the supplier of meats and vegetables is the same person then one contract would be sufficient but if the suppliers are more than one then for each of the supplier a separate contract have to be constructed. In this kind of contracts the parties to the contract by way of certain negotiations formulates the terms and conditions of the concern copy of contract. In this contract all the relevant terms and conditions relating to the goods that are to be supplied, the tenure of the contract, the time limitation regarding the supply of the goods, price of the goods and other relevant factors have to be clearly mentioned. If both the parties to the contract agree then they may introduce a specific term into the contract relating to restricting the liabilities of the concern parties in case of happening of any event that is inconsistent with the terms of the contract. The second type of contract shall be made among the family members with whom the business has been started. This form of contract is known as partnership agreement. In this contract all the terms and conditions relating to the introduction of capital, profit or loss sharing, responsibilities of the partners and other relevant factors relating to the administration of the business shall be clearly mentioned. For the purpose of formation of a valid contract there are certain essential elements which are required to be fulfilled. These essential elements are; Offer and acceptance: For the purpose of construction of a valid contract one party have to make an offer to the other party of the contract and if the other party accepts such offer then the contract begins. This is the most fundamental element in valid contract. The offer and acceptance have to be made with the free consent of both the parties to the contract (Carlill v Carbolic Smoke Ball Co,). Legal relationship: In a valid contract it is necessary that the parties to the contract are intended to create a legal relationship among them by way of formulating the contract. Any contract without legal relation among the parties is void ab initio (Williams v Roffey Bros, [1990]). iii. Consideration: At the time of constructing a valid contract there must be a term relating to the consideration. It is a promise made by the parties to the contract to do any act or to abstain from doing any act in accordance with the terms of the contract. In other word consideration is something that one party receives against the performance of the contract (Balfour v Balfour, [1919]). Competency: The parties to the contract must have attained the age of maturity and they are of sound mind. Privity of contract: Ina contract the parties must have the right to sue each other in case of a breach but any third party cannot do so. In a restaurant, most of the contract forms with the customers along with the restaurant authority. Generally, with the customers face to face contracts are formed. It is not possible that the restaurant authority will make a written contract with all the customers coming for having food. This will not only makes the customers feel irritated but will also create hazard for the restaurant administration. But for those customers who are making the order of food without coming into that restaurant, face to face contract is not possible, in that case distance selling contract shall be applicable (Cooke, 2007). The impact of the contract formed among the restaurant authority and the meat and vegetable seller is that the contract should be a written one and the elements of the contract should be made with the free consent of the both the parties. For direct purchase of meat and vegetable from market there is no requirement to construct any written contract but a bulk order or bulk purchase the written form of contract provides more stability and confidence to the parties to the contract and it is also easy to have the legal enforceability. For the purpose of hire and laundering of table linen it is not necessary that the restaurant authority have to make a written agreement with the laundry man but there is no such limitation to that affect. If it is in written form then the chances for ambiguity and confliction gets reduced (Davidson, 2006). In every contract there are several mentioned terms and conditions, the clearly written terms in the contract are the express terms. But there are some terms of contract which are not expressly mentioned in the context of the contract, these are the implied terms. Expressed terms are generally considered as the conditions of the contract, if either of the party breach any of the condition of the contract then the other party may terminate the contract. Implied terms are considered as the warranty, if any of the party to the contract makes any breach in relation to any warranty of the contract then the other party can claim damages. For instance, if you would like to buy kitchen appliances then you have to pay the price of the appliances it is an expressed term. In that particular price you are entitled to get good quality products that is the implied term of the contract (Elliott and Quinn, 2007). 2: a) For a restaurant it is most important that the raw food materials are delivered on good and fresh condition in proper time. In this contract all of these mentioned terms are very important for the restaurant owners, as breach of either of these terms may cause huge loss to the business. If in a urgent situation the supplier send the foods at around 6 hours late without any justified cause or the food materials delivered are not in a good condition then the other party would not be able to use such goods for the purpose of his business and that will not only cause monetary loss to the other party but it will also cause damage to the good will of the business. Hence, under this particular scenario Mr. Corelli is entitled to claim compensation along with the amount of loss suffered, from the supplier. In the case of Wood v. Lucy, Lady Duff-Gordon, the court held that in case of any breach of any condition of a contract the aggrieved party is entitled to get compensation along with th e amount of loss. But if the goods delivered is not securely packaged, then it is the violation of the contractual right of the other party then that party is entitled to get compensation from the supplier. In the case of Hadley v Baxendale, the court of law held that if in a contract any of the conditions is breached by either party then the other party is entitled to receive damages from the party who has breached such condition, as it is the violation of the contractual right though it may not cause any loss to that party whos right has been infringed (George et al., 2015). b) If a new term is introduced like payment shall be made only after the accomplishment of the terms relating to the delivery of goods, quality of goods and packaging of goods. Then it will signify that there shall be no liability for payment from Corelli against the goods if any of the terms before mentioned is violated by the supplier (Turner, 2006). But if the supplier made compliance of all the conditions then Corelli is liable to pay the amount of payment of the goods supplied. This term expressly mentioned about the nonpayment from Corelli unless the goods are delivered accordingly but it implies the right of the supplier to get the amount after accomplishment of the previous conditions. In the case of Parsons (Livestock) Ltd v Uttley Ingham Co Ltd, the court held that performance of the duties of one party to the contract puts liability upon the other party to discharge the liabilities in accordance to the terms of the contract (Gerven, Lever and Larouche, 2000). c) In this regard Mr. Corelli does not have to make separate contracts with each customer. There is standard form of contracts, where a contract is formulated by the leading party that is the restaurant owners and this contract is made for all the customers in general (Stone, 2003). In this case customers are not entitled to do any negotiation with the terms of the contract, they are at an option to either get or leave it. In the case of Steven v. Fidelity Casualty Co, the court held that the weaker party to the contract shall not have any bargaining power in relation to the terms of the contract but there must not be any unreasonable term into that contract (Giliker and Beckwith, 2008). Mr. Corelli may have the advantage to construct the terms of the contract in accordance to the benefits of the business but any of such terms must not be unreasonable as to its nature and it have to fair for all the customers. d) An exclusion clause may also be introduces in the standard form of contracts. Exclusion clause eliminates the leading party to the contract from any specified liability. For example if any term introduced like beware of your articles and the restaurant administration is not liable for any loss. This term will exclude the liability of the restaurant administration for any loss of articles of the customers in the restaurant premises. In the case of Klocek v. Gateway, Inc, the court of law held that the weaker party to a standard form of contract is not entitled to make any negotiation but the terms of the contract have to be reasonable. All the terms in relation to a standard form of contract are to be general for all and the term must be specified in a conspicuous place where the business is conducted or where the customers are used to come for making the contract with implications. By this kind of clauses the liability of the parties is excluded to a certain extent (Grubb, 2002). Contractual liability is a kind of liability that arises from a contractual obligation. In other words due to the terms of a contract the parties to the contract has to discharge some liabilities accordingly, these liabilities are known as contractual liabilities (Rutgers, 2008). Whereas tortuous arise from any wrongful act done by any person. If any person does any wrongful act and by that act any right of any other person is infringed then the wrongdoer is at a liability to restore the rights or pay compensation, this is known as tortuous liability. For a contractual liability the concern person has enter into a valid contract but for a tortuous liability neither of the person has to enter into a contract. Tortuous liability arises for any civil wrong that is tort. Here in this case, your employer is liable under the tortuous liability for you. And the property company shall be liable under contractual liability to the McAllen Company but it will depend upon the nature of the contr act (Grundmann, 2011). In case of any loss or injury occurs to any person due to the negligence of any other person then the person who has committed the act of negligence shall be liable for payment of damages. If any occupier of a property negligently abstained from doing any act that the occupier ought to do and by virtue of that negligence, if any person suffers from any loss or injury then the occupier shall be liable for that loss or injury (Oliphant and Bagshaw, 2007). It is the duty of the occupier to take reasonable care of the property occupied and for any major alteration the occupier should approach the owner of the property. In the case of Robert Addie Sons (Colliery) Ltd v. Dumbreck, the court held that it is the duty of the occupier to take reasonable care of the property and if there is any loss suffered by other person due to the negligence of the occupier then the occupier of the property shall be liable to pay damages to the person who has suffered from such loss or injury. In the famou s English case of Donoghue v. Stevenson, the court of law has elaborately described the scope of the act of negligence. In this regard the court of law held that for nay act of negligence the wrong doer is bound to compensate the person who has been suffered due to such an act of negligence. In this respect causing of actual loss or damage is not necessary, violation of the right of any person is sufficient for payment of damages (Koziol, Schulze and Antoniolli, 2008). In the case of Fletcher v Rylands, the House of Lords admitted that the English common law is very much applicable upon the wrongs happened due to an act of negligence. If in the course of the employment, any employee suffers from any loss or injury then the employer is liable to pay compensation to that employee, though the loss has been caused due to the negligent or wrongful act of any other person then also the employer cannot escape from his liability, this is known as vicarious liability. The case of Lister v Hesley Hall Ltd, is one of the leading precedent of the laws relating to the vicarious liability. In this famous case the court of law held that the employer is liable to pay damages to the employee who has suffered from injury in the course of the employment, in spite of the fact that the injury may happen by the wrong act of any other person, but it does not reduce the liability of the employer towards the employee (Lahe, 2011). 4: a) Here in this particular scenario, the major issue is not that whether Marry is entitled to get damages or not. The main factor is from whom Marry will claim damages. Marry can claim damages from the insurance company of the cars in the accident. Due to the act of negligence an accident happens but most of the time it happens due to the accident of both parties. But here Marry was not directly injured by the touch of the cars, beside that is had an intangible injury. Hence she is entitled to get compensation as she has suffered from injury due to the accident. It will not fall under the purview of law of tort but there are statutory provisions in this respect like The Road Traffic Act 1988, The Insurance Act etc are the relevant Acts in this kind of cases. The rule of comparative negligence is also not coming here as Marry was quite far away from the accident spot (McKendrick, 2007). In the case of Cochrane v. Linda Manor, the court of law observed that if there is any accident happens it happens due to the negligence of both the parties, more or less both of them are responsible for the accident, so the party who has suffered more is entitled to get damages but the amount of damages shall be reduced by taking into consideration of his part of care that he would not have properly taken. But if the aggrieved person has taken all the due care then the other party is liable to pay damages for the loss suffered by the aggrieved party (Merrill, 2011). In the case of Lai Chau v. Southstar Equity Limited Co. and Brookside Properties Inc, the court of law has observed that in case of an act of accident the aggrieved party is entitled to get damages but it is not absolute, as the reason of accident is that both the parties has made some mistakes and by virtue of that accident has occurred. Hence though the aggrieved party will get the damages but the amount of damages will be reduced but if it is noticed that the aggrieved party has taken due care then the aggrieved party shall be entitled to get the full amount of damages (Oliphant, 2012). b) Under this particular scenario, the rule of vicarious liability does not come into action. The rule of vicarious liability applies when the loss or injury sufferer has suffered the loss or injury by doing any act in the course of the employment, then only the employer is liable to pay compensation to the employee. But here in this case, Marry has not suffered the loss in the course of her employment. She was not doing any job by virtue of her employment as she was standing in the bus stop; she was also not within the premises of her employee. Hence, her employer is not liable to pay any damages to Marry. In the case of Yewens v Noakes, the court of law observed that the employer is liable under the rule of vicarious liability, if the employee has suffered from any loss or injury in the course of the employment or by doing any act in relation to discharging any of the duties of employment. Otherwise no employer shall be liable under the rule of vicarious liability (O'Sullivan and H illiard, 2004). Hence, with the reference of this case, though Marry has suffered from an injury but that injury has not occurred in the course of the employment, so Marry is not entitled to get any damages from her employer (Meyer, 2010). References Andrews, N. (2011).Contract law. Cambridge: Cambridge University Press. Balfour v Balfour[1919]. Brmmelmeyer, C. (2011). Principles of European Insurance Contract Law.European Review of Contract Law, 7(3). Carlill v Carbolic Smoke Ball Co[2015]. Cooke, P. (2007).Law of tort. Harlow: Longman. Davidson, D. (2006).Dark tort. New York: William Morrow. Elliott, C. and Quinn, F. (2007).Contract law. Harlow: Pearson Longman. George, M., Bishop, S., Correspondent, V., Correspondent, V., Gonzales, R., Correspondent, V., Correspondent, V., Correspondent, V., Correspondent, V., Correspondent, V., Gonzales, R., Correspondent, V., Correspondent, V., Correspondent, V., Bishop, S., Gonzales, R., Correspondent, V., Bishop, S., Gonzales, R., Correspondent, V., Correspondent, V., Correspondent, V., Correspondent, V., Correspondent, V. and Correspondent, V. (2015).Home - Saint Lucia News From The Voice St. Lucia. [online] Saint Lucia News From The Voice St. Lucia. Available at: https://www.thevoiceslu.com/ [Accessed 26 Mar. 2015]. Gerven, W., Lever, J. and Larouche, P. (2000).Common law of Europe casebooks. Oxford: Hart Pub. Giliker, P. and Beckwith, S. (2008).Tort. London: Sweet Maxwell. Grubb, A. (2002).The law of tort. London: Butterworths LexisNexis. Grundmann, S. (2011). The Future of Contract Law.European Review of Contract Law, 7(4). Koziol, H., Schulze, R. and Antoniolli, L. (2008).Tort law of the European Community. Wien: Springer. Lahe, J. (2011). Punitive Damages in Estonian Tort Law?.Journal of European Tort Law, 2(3). McKendrick, E. (2007).Contract law. Basingstoke: Palgrave Macmillan. Merrill, T. (2011). Is Public Nuisance a Tort?.Journal of Tort Law, 4(2). Meyer, L. (2010).Non-performance and remedies under international contract law principles and Indian contract law. Frankfurt am Main: P. Lang. Oliphant, K. (2012). Cultures of Tort Law in Europe.Journal of European Tort Law, 3(2). Oliphant, K. and Bagshaw, R. (2007).The law of tort. [London]: LexisNexis Butterworths. O'Sullivan, J. and Hilliard, J. (2004).The law of contract. Oxford: Oxford University Press. Rutgers, J. (2008). Free Movements and Contract Law.European Review of Contract Law, 4(3). Stone, R. (2003).Contract law. London: Cavendish. Turner, C. (2006).Contract law. London: Hodder Arnold. Williams v Roffey Bros[1990].