Friday, September 6, 2019
Role of Ammonia in Hepatic Encephalopathy Essay Example for Free
Role of Ammonia in Hepatic Encephalopathy Essay The human liver is truly amazing, however little is ever said about the organ. Most people probably wouldnââ¬â¢t be able to locate their liver if theyââ¬â¢re asked to do so. The second largest organ in the body and weighing about 3 pounds, the liver is located right under your rib cage on the right side of your body. It is the only organ that is able to regenerate. While most organs replace damage with scar tissue, the liver has the ability to replace damaged tissues with new cells. The primary function of the liver is to process food that has been consumed into nutrients and filter out any harmful substances that may be the bloodstream. The liver is responsible for keeping our blood suitable for our bodies. With that understood it saddens me to say that there is an estimated 30 million people living in the U.S. with liver failure. These 30 million people are unable to filter out any harmful toxins that may be flowing in their bloodstream. With time they may began to suffer from Hepatic Encephalopathy. Described as episodes of confusion and altered levels of consciousness Hepatic Encephalopathy is caused by to an accumulation of ammonia in the bloodstream that would usually be filtered out by the liver. Although Hepatic encephalopathy is completely reversible with treatment there are very few treatments available. Pharmaceutical have saved many lives through experimental studies and treatments. Although very controversial; many people choose to participate in these studies in hopes of increasing their chances to live a normal life despite suffering from an ailment. I chose to do my assignment on a double-blinded study on the use of Glycerol Phenylbutyrate (also known as Ravicti) in patients with Episodic Hepatic Encephalopathy. The study was completed by Dr. Don Rockey who is the Chief of Medicine at the Medical University of South Carolina. While delivering his oral presentation which he titled ââ¬Å"Randomizedâ⬠, Dr. Rockey mentioned ââ¬Å"the study results provide new insight into the importance of ammonia in the pathogenesis of hepatic encephalopathy. Based on its safety profile, Hyperionââ¬â¢s investigational drug, Glycerol Phenylbutyrate shows promise as a novel therapeutic agent.â⬠The study was conducted with a total of 178 patients selected randomly. 50 of who were on the drug Rifaximin which is a drug also commonly used to prevent episodes of heptatic encephalopany. 29 of the 178 patients were placed on placebo and the remaining 30 patients were placed on the active drug Ravicti. If effective those on the active drug Ravicti should expect to see fewer levels of ammonia in the blood, thus resulting in fewer episodes of heptatic encephalopany. Ho = Patients placed on Ravicti will see no change in ammonia levels in the bloodstream and will continue to have Hepatic Encephalopathy episodes. H1 = Patients placed on Ravicti will see change in ammonia levels in the bloodstream and will have little to no Hepatic Encephalopathy episodes. The results from the study conclude that among the 119 patients not on Rifaximin showed a highly statistical significant reduction among treated patients with 10% vs. 32% (p= 0.003.) Among the patients in the active part of the study experienced fewer Hepatic Encephalopathy episodes 21% vs. 36% (p=0.021.) Those in the active study also reported ammonia levels to be significantly lower 45.7 vs. 58.15 umol/L, (p=0.0036) (p 0.01). A concern I noticed while researching this study is the accuracy of the statistical results since this study was two sided this means that curtain results were expected by both the test subjects and its administers. This study was also done on a small population of people, which is a bias in itself since the sample population lacks diversity. Factors like diet, environment and previous medications were not mentioned in the study which also can contribute to hepatic encephalopathy episodes. Another key factor that is important to gaining a reasonable sample through population is a correlation between test subjects. It was never mentioned in the article what type of liver failure the subjects suffer from nor did the article specify the severity of their condition. Works Cited Annes, Shari. HALT-HE Study Underscores Role of Ammonia in Hepatic Encephalopathy.Drugs.com MedNews. Micromedex, Nov. 2012. Web. 13 Nov. 2012. http://www.drugs.com/clinical_trials/halt-he-study-underscores-role-ammonia-hepatic-encephalopathy-14702.html. A New and Unique Way to Measure Liver Function. Liver Disease Questions. Liver Association of America, n.d. Web. 13 Nov. 2012. http://www.hepquant.com/liver-disease-faq.php.
Thursday, September 5, 2019
Problem Answer to Law of Evidence Question
Problem Answer to Law of Evidence Question In this coursework I have paid particular attention on the Youth Justice and Criminal Evidence Act 1999(YJCEA) , Criminal Justice Act 2003 , Code D of PACE 1984 Code of Practice and cases such as Turnbull [1977] , R v Hanson [2005] , R v Vye [1993] and other relevant cases in order to solve this problem question based on criminal proceedings and interpret the statutes , the general rule and exceptions of hearsay evidence ,apply the case laws and critically evaluate and analyses them. In this given set of facts we need to discuss and apply the legal rules of evidence in the context of criminal proceedings specifically witness competence compellability, good character bad character, general rules of hearsay evidence and its exceptions with the proper application of Youth Justice and Criminal Evidence Act 1999 ( YJCEA) and Criminal Justice Act 2003 and relevant cases , journals , articles . According to the facts Thomas is only 11 years old who saw two men putting electrical equipment into the boot of a white van. He along with Harry Jones identified Adam King as one of the men they saw at a video identification procedure .Now we need to focus on mainly whether Thomas is really competent to give evidence and even if he can, what type of evidence he will provide .As a child under 14 Thomas must give unsworn evidence.[1] In this essence the test for sworn testimony is set out in R v Hayes[2] which is unnecessary in this scenario .However, in R v MacPherson[3] the Court of Appeal held that a 5 years old child is competent in giving witness .Moreover, the evidence of children under 14 is to be given unsworn and that a childââ¬â¢s evidence must be revived unless it appears to the court that the child is incapable of understanding questions put to him and unable to give answers which can be understood.[4]The court must decide not whether he is competent on grounds of age b ut whether he is capable of giving intelligible evidence .It is submitted that a normal 11 years old child would be .The witnesses credibility and reliability are relevant to the weight to be given to his evidence and might well from the basis of a submission of no case to answer but they are not relevant to competence [5] . In delivering the judgment of the Court of Appeal in R v Sed[6] Auld LJ pointed out that section 53 does not expressly provide for 100% comprehension and in this case the Court of Appeal was much influenced by the earlier decision in R v D .[7]Allowance should be made on the witnessââ¬â¢s performance .In this fact it may vary according to the subject matter of the questions, on the length of time between the events referred to by the witness and the date of the questioning and on any strong feelings that those events may have caused [8] as to whether Thomas is really competent to give evidence or not .Moreover according to the statute there is no minimum age for childrenââ¬â¢s to give evidence.[9] In this fact, Thomasââ¬â¢s parents informed the CPS that Thomas is nervous about giving evidence in court .In relation with this there is a possibility to use of Special Measures like to use screens[10], live link [11] , video recorded evidence in chief [12] , evidence to be given in private [13] by the prosecution.In this case the court can interview the child witness[14] and it could be a video interview if necessary [15] .It may be considered that Thomas might encounter special difficulty in testifying .Under section 16 (1) (b) and section 16 (2) of the YJCEA 1999[16] may give evidence by means such as live video link or pre ââ¬â recording . In R ( On the application of D ) v Camberwell Green Youth Court [17] the Divisional Court held that special measures provisions , here involving children , were compatible with article 6 ( 3 ) ( a ) of European Convention of Human Rights [18] which embodies the defendantââ¬â¢s right ââ¬Ë to examine or have examined witnesses again st himââ¬â¢ .As person under 18 Thomas may also be eligible for special Measures Directions .Under section 21 ( 1 ) ( a ) of the Youth Justice Act and Criminal Evidence Act 1999(YJCEA)[19] as amended by the Coroners and Justice Act 2009 , the primary rule in requiring admission of a video interview as examination in chief and cross examination through a live link or video link [20]at trial , applies to all witnesses under 18 , regardless of the nature of the offence . However , under section 21 if the court determines that under the primary rule special measures would minimize the quality of the witnessââ¬â¢s evidence then court can consider a screen which will be open for Thomas to elect to give oral evidence in chief or testify in the courtroom rather than using the live link or pre recorded police video [21].Under section 21 (4C) of YJCEA 1999 the court will consider some factors [22].Although Thomas is not in an age where he might be expected to be able to give live testim ony as he is nervous in giving evidence in court according to the facts but he may be accompanied by an adult to provide support for example his mother who have no personal involvement in this case . Now we need to assess the admissibility of the identification evidence against George Smith .It mainly deals with Code D of PACE 1984 Codes of Practice.[23]Breaches of Code D sometimes can result in the exclusion of identification evidence under s.78 (1) of PACE. Because failure to comply with the provision in CODE D can affect the reliability of the evidence and reliability is an important consideration in the application of s.78(1).An important case on the consequences of non-compliance with the provisions of Code D is R vGorja (Ranjit)[24].Moreover if Code D do not justify the exclusion of identification evidence, they may require appropriate warnings to be given to the jury [25] .In order to avoid mistaken identification of a defendant by prosecution witnesses the Court of Appeal recommended a new approach by trial judges to deal with the problems of identification in Turnbull[26].The directions in this case only apply whenever the prosecution case depends ââ¬Ëwholly or substa ntially ââ¬â¢on the correctness of one or more identifications of the defendant, and the defence alleges that the identifying witnesses are mistaken and in this case the prosecution substantially depends on the correctness on the identification of George. According to Shand v The Queen[27] the prosecution may argue that the Turnbull direction must be given where identification is based on recognition. Moreover, one witness Thomas already mistaken to identify George [28].But sometimes Turnbull is not required when a witness failed to recognize the suspect [29] and Thomas failed to recognize George.[30]In R v Forbes[31] it was held that the breach of Code D did not require the evidence to be excluded under section 78 of PACE. However , in this fact , Thomas failed to identify George[32].Moreover , George denied that he was involved in burglary[33].It could be argue that the identification procedure under Code D paragraph 3.12 is not necessary in this fact .In R v Turnbull[34] ,the Court of Appeal (CA) laid down guidelines for the treatment of the identification evidence where the case depends wholly or substantially on the correctness of the identifications. The guidelines make it clear that the judge should remind the jury of any weakness in the identification evidence and that the judge should withdraw the case from the jury unless there is any other evidence which will support the identification evidence and in this fact there is another witness named Harry who confirmed and recognized George[35] .In this fact it is highly likely that the prosecution will be able to argue that identification of evidence against George Smith is admissible. The next issues to be consider Adam Kingââ¬â¢s previous convictions for assault, robbery and burglary . Evidence of a witnessââ¬â¢s bad character did not have to amount to proof of a lack of credibility on the part of the witness.[36] This question is concern with rules relating to the admissibility of defendants bad character and also the fairness of the changes made by CJA 2003. In this regard the Law Commission reports on bad character in 2002.[37] The common law recognized the way in which evidence of character could be relevant. It could make allegations against a defendant more likely be true but the trial should not be used to investigate the truth of a previous allegation. [38]Sec-101 of CJA 2003 states that in criminal proceedings evidence of defendants bad character is admissible if one of the factors from sub-section 101(1) (a)-101(1)(g) is satisfied [39].In this regard we need to consider the three fold test in R v Hanson[40]which is laid down by the Court of Appeal . In this case the propensity[41] to commit the offence is relied on as the basis for admitting evidence of a defendantââ¬â¢s bad character.[42] The prosecution now may argue that his previous convictions is relevant to an important matter in this trial[43] .But previous convictions for offences of the same description or category does not automatically mean that they should be admitted[44].Adam Kingââ¬â¢s bad character might be admissible by the courts as the defendant has a propensity to committee offences of this kind because a single previous conviction can be sufficient to establish propensity[45] .Moreover in Isichei[46]where the defendantââ¬â¢s propensity[47] to supply cocaine was relevant to the issue of identification. In this issue we need to discuss as to how should the judge direct the jury about George Smithââ¬â¢s character .In this fact George Smith already denied that he have any involvement in the burglary and he donââ¬â¢t even have any previous conviction .Similarly in R v Aziz[48] the house of Lords held that a person with no previous convictions was generally to be treated as being of good character[49] and in this fact it could argue that George have good character .Whenever a evidence of good character is given , its significance must be explained to the Jury .The Court of Appeal laid down two limbs in R v Vye[50]. In this fact it could easily argue that the judge will direct the jury based on the Vye direction about Georgeââ¬â¢s character.However , there were some problems in Vye direction like if someone plead guilty in any other county then he is no longer of good character but in this fact it is already apparent that George donââ¬â¢t have any previous conviction .Moreove r ,in R v M (CP)[51] it was held that once the judge decided that the defendant should be treated as a person of good character then the full Vye direction on good character should be given as it is a matter of law .The prima facie rule of practice is to deal with this by giving a qualified Vye direction rather than no direction at all.[52] According to R v Doncaster[53] it can easily argue that if the defendant has no previous conviction but bad character evidence is given under the Criminal Justice Act 2003 then a modified direction should be given .From the above discussion it can easily argue that the judge in this scenario should direct the jury about George Smithââ¬â¢s character with Vye direction because it is the prima facie rule or practice.[54] Now we need to discuss the issue as to whether the persecution will be permitted to adduce the written statement[55] of Harry who is moving to New Zealand .From this issue it is apparent that we need to consider the statement as hearsay evidence which is defined as a statement made outside off the court with the purpose of showing that the statement is true.[56]But generally in criminal cases hearsay is inadmissible which is also affirmed by Lord Normand in Teper v R [57].Moreover in Myers v DPP[58] it was held that a contemporaneous record made by workers in a motor car factory of cylinder block and chassis numbers was held to be inadmissible hearsay.In this fact , we need to focus if the prosecution made a written statement from Harry then whether it will be admissible[59].In this scenario , Harry was outside of UK[60] and in relating with these sort of issue the Law Commission introduced a ââ¬Ëreasonable practicability ââ¬Ë test which require the party wishing to adduce the evidence to make reasonable efforts to bring the witness to court but the court will take into account some factors such as the seriousness of the case and the importance of the information contained in the statement.[61]Moreover , in R v Castillio and Others [62] it was held that it was not reasonably practicable for the witness to attend and important consideration was given to the evidence given by the witness.The prosecution also argue that it falls within the exception of the general rule as the witness Harry moved outside of UK[63] and it was beyond reasonable doubt[64].From the above discussion it is highly likely that the prosecution will be able to adduce the written statement of Harry at the trial. Total Word Count = 3208 Bibliography: Primary sources: Text Book: Dennis .I.H , The Law of Evidence ,3rd Edition ,Sweet Maxwell 2007 Durston . G , Evidence Text Materials , 2nd Edition , Oxford University Press2011 Allen , C , Practical Guide to Evidence , 4th Edition, Routledge . Cavendish 2008 Choo , A.L-T , Evidence , 3rd Edition , Oxford University Press Spencer,J.R and Flin,R ,The Evidence of Children : The Law and the Psychology (2nd edition, Blackstone , London 2003) H.Phil , Blackstoneââ¬â¢s Statutes on Evidence ,12th Edition 2012 Guidance for Vulnerable or Intimidated Witness , including children (ââ¬Å"The Memorandum 2002) Spencer,J.R. and Flin , R , The Evidence of Children : The Law and the Psychology (2nd edition), Blackstone , London 2003 Emson, R. Evidence. (Basingstoke: Palgrave Macmillan, 2010) fifth edition Munday, R. Evidence. (Oxford: Oxford University Press 2011) sixth edition Roberts, P. and A. Zuckerman Criminal evidence. (Oxford: Oxford University Press, 2010) second edition Tapper, C. Cross Tapper on evidence. (Oxford: Oxford University Press, 2010) twelfth edition Statute: Youth Justice and Criminal Evidence Act 1999 ( YJCEA) Criminal Justice Act 2003 European Convention of Human Rights the Coroners and Justice Act 2009 Code D of PACE 1984 Journals : The Law Commission report (2002) Ho, H.L. ââ¬ËSimilar facts in civil casesââ¬â¢ (2006) 26 Oxford Journal of Legal Studies 131. Munday, R. ââ¬ËCase management, similar fact evidence in civil cases, and a divided law of evidenceââ¬â¢ (2006) 10 International Journal of Evidence and Proof 81ââ¬â103. Munday, R. ââ¬ËWhat actually constitutes evidence of ââ¬Å"bad characterââ¬â¢Ã¢â¬â¢Ã¢â¬â¢ Munday, R. ââ¬ËSingle act propensityââ¬â¢ (2010) 74 The Journal of Criminal Law 127(reviews cases where the Crown has sought to adduce only single acts of misconduct, in order to ascertain how expansively or restrictively the courts interpret the bad character provisions). Redmayne, M. ââ¬ËCriminal evidence: The relevance of bad characterââ¬â¢ (2002) 61 CLJ 684ââ¬â714. Code of Practice for the Identification of Persons by Police Officers (Code D) of the Police and Criminal Evidence Act 1984 (PACE). Devlin Report: ââ¬ËEvidence of identification in criminal casesââ¬â¢ (1976) Roberts, A. ââ¬ËEyewitness identification evidence: procedural developments and the ends of adjudicative accuracyââ¬â¢ (2008) 6(2) International Commentary on Evidence. Ormerod, D. and D. Birch ââ¬ËThe evolution of exclusionary discretionââ¬â¢ (2004) Crim LR 767. Article: The Law Commission (EVIDENCE OF BAD CHARACTER IN CRIMINAL PROCEEDINGS Report on a reference under section 3(1)(e) of the Law Commissions Act 1965 ) EVIDENCE LAW CHARACTER AND CREDIBILITY (February 1997 Wellington, New Zealand ) Bird.J , Plymouth Law and Criminal Justice Review (2014) Birch.D , ââ¬Ë A Better Deal for Vulnerable Witnesses?ââ¬â¢[2000] Crim L.R 223 Creighton,P.ââ¬â¢Spouse Competence and Compellabilityââ¬â¢[1990] Crim LR 34 Hoyano,L.C.H,ââ¬â¢Striking a Balance between the Rights of Defendants and Vulnerable Witnesses : Will Special Measures Direction Contravene Guarantees of a Fair Trial?ââ¬â¢ Hoyano,L.C.H,ââ¬â¢Coroners and Justice Act 2009 :Special Measures Directions Take 2 : Entrenching Unequal Access to Justiceââ¬â¢[2010] Crim LR 345 Durston,G ,ââ¬â¢Bad Character Evidence and Non party Witnesses under the Criminal Justice Act 2003ââ¬â¢ (2004) 8 E P 233 Goudkamp.J ,ââ¬â¢Bad Character Evidence and Reprehensible Behaviourââ¬â¢ (2008) E P 116 Law Commission Consultation Paper ,ââ¬â¢Evidence in Criminal Proceedings : Previous Misconduct of a Defendantââ¬â¢(CP 141) (London , 1996) Law Commission Report No 273 (Cm 5257),ââ¬â¢Evidence of Bad Character in Criminal Proceedingsââ¬â¢ (London , 2001) Mirfield,P ,ââ¬â¢ Character , Credibility and Untruthfulnessââ¬â¢(2008) 124 LQR 1 Spencer,J.R ,Evidence of Bad Character (Hart , London,2010) Byron (1999) The Times, 10 March and Gayle [1999] 2 Cr App R 130 David Ormerodââ¬â¢s commentary in [2011] Crim LR 10, 793ââ¬â798 Dennis, I. ââ¬ËThe right to confront witnesses: meanings, myths and human rightsââ¬â¢ [2010] Crim LR 4, 255ââ¬â74. Mirfield, P. ââ¬ËCharacter and credibilityââ¬â¢ [2009] Crim LR 3, 135ââ¬â51 Redmayne, M. ââ¬ËRecognising propensityââ¬â¢ [2011] Crim LR 3, 177ââ¬â98 Munday, R. ââ¬ËSingle act propensityââ¬â¢ [2010] J Crim L 74(2), 127ââ¬â44 Law Commission No 245 , 1997 , para 8.39 Roberts, P. and A. Zuckerman, ââ¬ËImplied assertions and the logic of hearsayââ¬â¢ Birch, D. ââ¬ËInterpreting the New Concept of Hearsayââ¬â¢ (2010) CLJ 72. Common Laws: R v Hayes [1977] 1 WLR 234 R v MacPherson [2005] EWCA Crim 3605 R v Sed[2004] EWCA Crim 1294 R v D [2002] 2 Cr App R 36 R v K [2006] EWCA Crim 472 R v Powell [2006] EWCA Crim 3 R ( On the application of D ) v Camberwell Green Youth Court [2003] EWHC Admin 22 R v Gorja (Ranjit) [2010] EWCA Crim 1939 R v Forbes [2001] 1 All ER 686 Turnbull [1977] QB 224 Shand v The Queen [1996] 1 WLR 69, 72 R v Nicholson [2000] 1 Cr App R 182 Thornton [1995] 1 Cr App R 578 and Slater [1995] 1 Cr App R 584 R v Oscar [1991] Crim LR 778 Limburne and Bleasdale [1994] Crim LR 118. R v Caldwell [1993] 99 Cr App R 73 R v Hanson [2005] 1 WLR 3169 Tully and Wood (2007) 171 JP 25 R v McDonald[ 2007] EWCA Crim 1194. Isichei [2006] EWCA Crim 1815 R v Aziz [1996] AC 41 R v Vye(1993) 97 Cr App R 134. Teper v R [1952] AC 480 at 486 Myers v DPP [1965] AC1001 R v Castillio and Others [1996] 1 Cr App R 438 R v Bray [1988] 88 Cr App R 354 R v Acton Justices ex p McMullen 1990 92 Cr App R 98 Electronic Sources: www.lexisnexis.co.uk www.westlaw.co.uk www.gov.co.uk www.guardian.co.uk www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-d-2011 www.officialdocumentsgov.uk/document/hc1011/hc08/0829/0829.pdf 1 [1] Section 56(1) (2) of the Youth Justice and Criminal Evidence Act 1999 [2] [1977] 1 WLR 234 [3] [2005] EWCA Crim 3605 [4] Section 53 (3) of the Youth Justice and Criminal Evidence Act 1999 [5] R v MacPherson [2005] EWCA Crim 3605 , [2006] 1 Cr App R 30 [6] [2004] EWCA Crim 1294 [7] [2002] 2 Cr App R 36 [8] Paragraph 45 ââ¬â 46 where there is a danger that a complainant may be incompetent , the judge will usually before the trial have seen a video recording of the complainantââ¬â¢s interview with the police and so will be in some position to make a decision about competence after hearing submissions from prosecution and defence under Youth Justice and Criminal Evidence Act 1999 , section 27 [9] Section 53(1) 0f Youth Justice and Criminal Evidence Act 1999 [10] Section 23 of Youth Justice and Criminal Evidence Act 1999 and R v Brown [2004] EWCA Crim 1620 [11] Section 24 of Youth Justice and Criminal Evidence Act 1999 [12] Section 27 of Youth Justice and Criminal Evidence Act 1999 [13]Section 25 of Youth Justice and Criminal Evidence Act 1999 [14] Guidance for Vulnerable or Intimidated Witness , including children (ââ¬Å"The Memorandum 2002) and it is also available in www.cps.gov.uk [15] Rv K [2006] EWCA Crim 472 , R v Powell [2006] EWCA Crim 3 [16] Section 16 ( 1 ) ( b) of YJCEA 1999 states that if the court considers that the quality of evidence given by the witness is likely to be diminished by reason of any circumstances falling within subsection ( 2 ) like section 16 ( 2 ) ( a ) states that the witness suffers from mental disorder within the meaning of Mental Health Act 1983 . [17] [2003] EWHC Admin 22 [18] Article 6 (3) ( a ) of ECHR states that everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; [19] Section 21 (1) ( a) of YJCEA 1999 states that a witness in criminal proceedings is a ââ¬Ëchild witnessââ¬â¢ if he is an eligible witness by reason of section 16 ( 1 ) ( a) of YJCEA states that whether or not he is an eligible witness by reason of any other provision of section 16 or 17 of YJCEA [20] R v Camberwell Green Youth Court [2005] 1 WLR 393 [21] R v Powell [ 2006] 1 Cr App R 31 [22]Under section 21 (4C) of YJCEA 1999 the court will consider some factors such as (a) the childââ¬â¢s age and maturity , (b) the childââ¬â¢s ability to understand the consequence of giving evidence in a different way , (c) the relationship between the witness and the accused , (d) the childââ¬â¢s social and cultural background and ethnic origins and (e) the nature and alleged cir
The Influence Of Political Environment Of Business Politics Essay
The Influence Of Political Environment Of Business Politics Essay Two basic philosophies are in existence all over the world viz democracy and totalitarianism. In its pure sense,democracy refers to a poltical arrangement in which the supreme poer is vested in the people. Democracy may manifest itself in any of two fundamental manners. If each individual is given the right to rule and vote on every matter,the result is pure democracy which is not,however,workable in a complex society with a large constituency. Hence,the republican form of organization follows wherby the public in a democratic manner,elect their representatives who do the ruling. In totalitarianism also called authoritarianism,individual freedom is completely subordinated to the power of authority of the state and concentrated in the hands of one person or in small groups which is not constitutionally accountable to the people. Societies ruled by pressure clique-political,economic,military or by dicataor plus most oligarchies and monarchies belong to this category. The doctrine of fascism and erstwhile Russian communism are examples of this. The political environment includes factors such as the characteristics and policies of the poltical party,the nature of the Constitution and government system and government encompassing the economic and business policies and regulations. these factors may vary considerably between different nations,provinces of the same nation and also over the time. Example Despite his pragmatic views, dynamism and the dream of 21st century India, Prime minister Rajiv Gandhi could not introduce any far reaching changes even with the candid mandate that overwhelmed him in the election of 1984. But the Congress government under narsimha Rao did it in 1991 and the successive non congress government have carried further the economic liberalization. Why? The changing global scenario,particularly the developments in the communist countries provide the answer. There was considerable differences between the Rajiv era and 1991. Rajiv Gandhi who assumed office in 1984 had given great hopes to the teeming millions of India. No wonder,the congress party led by the young prime minister who promised to mould India for the 21st century was given a thumping victory by the grief stricken electorate. Rajiv who was well aware of the damages done by the unpragmatic regulations was eager to radically reform the economic regime. Hence,many in India and abroad naturally expected that he would introduce far reaching reforms. But alas,the great expectations were belied soon as he succumbed to what he thought or was made to believe was political prudence. The word socialism was still dominant on the political surface. The leftists were severly opposed to even minor economic liberalization and deregulations. To speak against socialism or public sector was regarded as sin. Many in the congress party who thought that socialism and public sector still had a magic spell thought it was still necessary to swear by these ideas which were in favour of deregulation and privatization could be more than those who opposed it,the latter was very vociferous and therefore a determinant force. In short what was thought to be political expediency prevented even Rajiv from making any major departure from the old regime and therefore dogmatism continued to dominate pragmatism. And what started with the big bang ended with a whimper. Of course, Rajiv carried further forward with a little more vigour,the policy of piece meal economic liberalization started since the early 1980s. These have had favourable effects. These measures were however quite insufficient to rejuvenate the economy. The political system under democratic dispensation like ours comprises of legislatures,executive out government or judiciary. Legislature Out of the three, legislatures is the most powerful political institution vested with such powers as policy making,law making,budget approving,executive control and acting as a mirror of public opinion. The influence of legislature on business is considerable.it decides such vital aspects as the type of business activities the country should have, who should owe them, what should be their size of operations, what should happen to their earnings and other related factors. Executive or government Also caleed the state,the term government refers to à ¢Ã¢â ¬Ã ¦the centre of political authority having the power to govern those it serves. More or less a similar meaning is given by E.V.Schneider when he described government as that institution by which men everwhere seek to order society,that is, to control the structure and functioning of society. The founder of our constitution proved for the federal set up with powers being divided between the national and the state government. The powers and functions of the central and state government are described in the constitution. Judiciary Judiciary determines the manner in which the work of the executive has been fulfilled. It sees to it that the exercise of executive authority conforms to the government rules laid down the legislature,it may declare that particular order issues as ultra vires. It also settles the relationship between private citizens and on other hand between citizens and the government. The power of judiciary is of dual type:- The authority of courts to settle legal disputes and, Judicial review-the authority of the courts to rule on the constitutionality of legislation. It is the power of judiciary to settle down the legal disputes that affects business considerably. Disputes between employer and employee, employee and employee and public and employer and government are often referred to courts for settlement and their verdicts are sought. As far as second one is concerned the judiciary gets activated when the legislature passes laws which are repugnant to the constitution and when the executive implements the enactment approved by the legislature in a manner opposed to the requirements of the legislation. In other words courts of justice protects the citizens from unlawful acts passed by the legislature and arbitrary acts done by the executive. Forms of government http://stutzfamily.com/mrstutz/WorldAffairs/typesofgovt.html capitalist government Capitalismà is anà economic systemà which is based onà private ownership. It produces goods with and services for profit motive.à Other items central to capitalism includesà competitive markets,à wage laborà andà capital accumulation.There are numerous variants of capitalism, including laissez-faire,à welfare capitalismà andà state capitalism. Capitalism is considered to have been applied in a variety of historical cases, varying in time, geography, politics, and culture.à There is general agreement that capitalism became dominant in theà Western worldà following theà demise of feudalism.Competitive markets may also be found in market-based alternatives to capitalism such asà market socialismà andà co-operative economics. Economists,à political economistsà andà historiansà have taken different perspectives on the analysis of capitalism. Economists usually emphasize the degree to whichà governmentà does not have control over markets (laissez faire), as well as the importance ofà property rights. Most political economists emphasize private property as well, in addition toà powerà relations, wage labor,à class, and the uniqueness of capitalism as a historical formation. The extent to which different markets are free, as well as the rules defining private property, is a matter of politics andà policy. Many states have what are termed mixed economies, referring to the varying degree ofà plannedà andà market-drivenà elements in a states economic system. A number of political ideologies have emerged in support of various types of capitalism, the most prominent beingà economic liberalism. Types of economies There are many variants of capitalism in existence. They vary by country and region in their institutional makeup and by their economic policies. The common feature of all these forms of capitalism is that they are based on production for profit, market-based or mixed-market allocation of resources, and that they are structured upon capital accumulation. The dominant forms of capitalism are listed below: Mercantilism Mercantilism is a nationalist form of early capitalism that came into existence approximately in the late 16th century. It is characterized by the intertwining of national business interests to state-interest and imperialism, and consequently, the state apparatus is utilized to advance national business interests abroad. An example of this is colonists living in America who were only allowed to trade with and purchase goods from their respective mother countries (Britain, France, etc.). Mercantilism holds that the wealth of a nation is increased through a positive balance of trade with other nations, and corresponds to the phase of capitalist development called theà Primitive accumulation of capital. Free-market capitalism Free-market capitalism refers to an economic system where prices for goods and services are set freely by the forces of supply and demand and are allowed to reach their point of equilibrium without intervention by government policy. It typically entails support for highly-competitive markets, private ownership of productive enterprises.à Laissez-faireà is a more extensive form of free-market capitalism where the role of the state is limited to protectingà property rights. Social-market economy A social-market economy is a nominally free-market system where government intervention in price formation is kept to a minimum but the state provides significant services in the area of social security, unemployment benefits and recognition ofà labor rightsà through nationalà collective bargainingà arrangements. This model is prominent in Western and Northern European countries, albeit in slightly different configurations. The vast majority of enterprises are privately-owned in this economic model. State capitalism State capitalismà consists of state ownership of the means of production within a state. The debate between proponents of private versus state capitalism is centered around questions of managerial efficacy, productive efficiency, and fair distribution of wealth. According to Aldo Musacchio, a professor at Harvard Business School, it is a system in which governments, whether democratic or autocratic, exercise a widespread influence on the economy, through either direct ownership or various subsidies. Musacchio also emphasises the difference between todays state capitalism and its predecessors. Gone are the days when governments appointed bureaucrats to run companies. The worlds largest state-owned enterprises are traded on the public markets and kept in good health by large institutional investors. Corporate capitalism Corporate capitalism is a free or mixed-market economy characterized by the dominance of hierarchical, bureaucratic corporations, which are legally required to pursue profit. State-monopoly capitalism was originally aà Marxistà concept referring to a form of corporate capitalism in which state policy is utilized to benefit and promote the interests of dominant or established corporations by shielding them from competitive pressures or by providing them with subsidies. Mixed economy A mixed economy is a largely market-based economy consisting of both private and public ownership of the means of production andà economic interventionismà through macroeconomic policies intended to correctà market failures, reduce unemployment and keep inflation low. The degree of intervention in markets varies among different countries. Some mixed economies, such as France underà dirigisme, also featured a degree ofà indirect economic planningà over a largely capitalist-based economy. Most capitalist economies are defined as mixed economies to some degree.
Wednesday, September 4, 2019
Circuit Board Fabricators Case Essay -- Business Case Study
CBF has hired you to help determine why they are not able to produce the 1,000 boards per day. 1. What type of process flow structure is CBF using? The company is using a batch shop process flow structure. CBF, Inc. bases its board fabrication process on the average job size or on its typical order. This means that the company proceeds with the manufacturing process in batches so as to meet the specific requirements per order. The typical contract that the company currently gets is 60 boards per order. However, due to persisting factory defects, they manufacture a total of 75 boards per batch in order to compensate for 20% of the boards that they typically reject during the process. 2. Diagram the process in a manner similar to exhibit 6.7. According to the book, the diagram is an operation and route sheet that specifies operations and process routing for a particular part. It conveys such information as the type of equipment, tooling and operations required to complete the particular part. The "Setup Hr." is derived from dividing the setup (minutes per job, as illustrated in exhibit 6.9) by 60 minutes. Likewise, the hourly capacity of each operation (Rate Pc. Hr.) is solved by dividing 60 minutes by the run (minutes per part, as shown in exhibit 6.9). 3. Analyze the capacity of the process. The first thing to consider is the process of cleaning and coating of the boards. This particular process involves the set-up of the machines, the loading of the boards, and the actual cleaning and coating of the said boards by the machines. From the computations above, it is clearly illustrated that there is a disparity between the loading of the boards into the machines and the output of the cleaning and the coati... ...es. 2) Enhance or re-engineer the cleaning and coating machines to improve capacity. Basically, the focus of the recommendations is to reduce the disparities between the capacities of the processes involved. Ideally, their outputs must be equal if not, similar to the preceding and succeeding procedures in order to achieve an efficient manufacturing process. The company is also faced with a 20% reject rate that is absolutely unacceptable. A lot of the produced boards go to waste, and a lot of resources are compromised. Moreover, it contributes to the manufacturing strain, as the production team must start with at least 20% more than the required output just to give allowances to the defects. CBF, Inc. should implement a more rigid supervising/monitoring program with the manufacturing processes in order to pinpoint and arrest the cause of these defects.
Tuesday, September 3, 2019
President FDRââ¬â¢s New Deal Essay -- The New Deal Franklin Delano Rooseve
The 1930ââ¬â¢s were one of the most difficult times in American history. It was the time of the Great Depression. Millions of Americans suffered hardships as the economy was in a free fall. Many Americans were unemployed and lost almost everything they had owned. In 1932, America realized it was time for a change, and elected Franklin Delano Roosevelt in a landslide vote. Roosevelt promised to help end the depression and with his New Deal. The New Deal was Rooseveltââ¬â¢s plan to end the Great Depression. Through increased government spending, FDR enacted numerous public works programs in an effort to simulate the economy. The New Dealââ¬â¢s ââ¬Å"alphabet soupâ⬠(this was the nickname for the numerous programs FDR enacted) was FDRââ¬â¢s plan to people out of the depression. The New Deal affected different industries and groups of Americans in unique ways and helped save the nation. One of the groups hardest hit by the Great Depression were the farmers. Due to overproduction and under consumption after World War I and during the 1920ââ¬â¢s, the prices of crops fell dramatically. Because of the low prices, Farmersââ¬â¢ incomes fell. The farmer was in a crisis as the Great Depression hit. The farmers were crucial to the American economy and FDR and the New Deal intended to help them. In the first one hundred days of the New Deal, Roosevelt attempted to help the farmers by establishing the Agricultural Adjustment Act (AAA). The AAA was intended to help restore purchasing power of farmers. It restored the price takeoff that helped farmers make all that money during the war. Itsââ¬â¢ main plan was to reduce the size of crops by paying farmers to plow their crops under. This, in theory, would shoot the price of the crops. There were a few problems with the AAA though. It seemed as cruel because the government was destroying crops that could be used to feed all the starving people. The AAA also didnââ¬â¢t do much to help tenant farmers and sharecroppers. This was because the money that the government was paying the owners of the farm to plow the fields under was never shared with the tenant farmers and sharecroppers. Even though the farmer owners were told to give some of the money to the people who worked their land they never did. The New Deal also set up other agencies to help farmers. FDR set up the Farm Resettlement Administration, the Rural Electrification Administ... ...al aid for the elderly, but it was not meant to be the main source of retirement. It also provided unemployment insurance, aid for persons who were blind or crippled, and aid to dependent children. Roosevelt would pay for this act with a tax on corporations and rich people. This act gave the people comfort because they now believed that the government would help them financially when they needed it. It also gave unions more initiative to strike because the government has security for them. FDRââ¬â¢s New Deal gave American hope during a time when there was little optimism. It gave Americans jobs; it put food on the table, and started to restored confidence in the economy. FDRââ¬â¢s New Deal might not have ended the Great Depression, but it left a legacy. A legacy that you can see in the unions, in the numerous public works projects, in the big government we have today, in the acts like Social Security, and most importantly in the people whose lives it changed forever. BIBLIOGRAPHY 1) Encartaà ® Concise Encyclopedia Article. (http://encarta.msn.com) 2) Encyclopedia.com (http://www.encyclopedia.com) 3) Franklin D. Roosevelt and the New Deal (http://www.geocities.com)
Monday, September 2, 2019
Crew Resource Management Essay
Military flying differs considerably from commercial aviation due to the special circumstances and restrictions involved. Military discipline revolves around utter obedience whereas CRM aims to foster a culture with encouraging the freedom to respectfully question authority. The primary goal of CRM is enhanced situational awareness, self awareness, leadership, assertiveness, decision making, flexibility, adaptability, event/mission analysis and communication. It recognizes that a discrepancy between what is happening and what should be happening is often the first indicator that an error is occurring. The complexity of military aviation environment demands a foundation of solid airmanship and a healthy, positive approach to combating errors. Aim To learn about the importance of CRM vis-à -vis military aviation CRM ââ¬â Definition CRM can be defined as a management system which makes optimum use of all available resources ââ¬â equipment, procedures and people ââ¬â to promote safety and enhance the efficiency of flight operations. CRM ââ¬â Overview Crew (or Cockpit) Resource Management training originated from a NASA workshop in 1979 that focused on improving air safety. The NASA research at that time found the primary cause of the majority of aviation accidents to be human error, and further showed the main problems to be failures of interpersonal communication, leadership, and decision making in the cockpit. Cockpit Resource Management (CRM) has gained increased attention from the airline industry in recent years due to the growing number of accidents and near misses in airline traffic. Cockpit Resource Management is a far-reaching discussion of crew coordination, communication, and resources from both within and without the cockpit. CRM concepts have endured by not only integrating themselves into the fabric of training, but also expanding the team concept, evolving into new applications, and possibly most important to the original operators, inspiring development and integration of CRM into safety and quality assurance goals at the corporate level. A variety of CRM models have been successfully adapted to different types of industries and organizations, all based on the same basic concepts and principles. Crew Resource Management still continues to focus on CRM in the cockpit, but also emphasizes that the concepts and training applications provide generic guidance and lessons learned for a wide variety of ââ¬Ëcrewsââ¬â¢ in the aviation system as well as in the complex and high-risk operations of many non-aviation settings. Characteristics ââ¬â Military Aviation The military is a non-homogenous organization. Throughout military aviation there are variations in the type of aircraft, missions performed, number of crew, automation levels and much more. Military flyers are by nature rule based i.e they are bound by policies, procedures and regulations that are often complex and overlapping from multiple origins. Therefore there are four principle characteristics that entail the reason for variety in military CRM training. 1. The Man Civilian pilots are highly experienced in terms of flying hours contrary to the military pilots who are motivated and smart but must account for this large difference in experience. In commercial aviation, most pilots are hired on to airlines after they have achieved significant aviation milestones. In military flying, the pilots are cadets or young officers with almost no flying experience at all. They gain experience and proficiency on job. There are a large number of senior pilots and aircrew who garner substantial experience in their career. Another important factor is the age difference. In comparison, military pilots are exposed to demanding situations at an earlier age and do not have the liberty to make decisions based on experience. The rank and experience gradient causes pilots and aircrew to move away for career progression duties other than flying. The learning styles, attributed to age, also differ from commercial aviation. 2. The Machine The complexity of the machines operated by the military pilots is another factor in the training equation. A modern military aircraft requires that an aircrew member often make split second decisions regarding weapons and other automated systems. Several incidents have resulted in inadvertent weapon release, even resulting in the unintentional shooting down of a friendly aircraft. Military CRM must place additional emphasis on man/machine interface. 3. The Mission Military machines have multidimensional roles. They range from super-sonic fighters in high skies to anti-submarine operations dipping helicopter sonar into the sea. From air assault and combat teams skimming the earthââ¬â¢s surface to anti-ship missile firings, military aviation missions are diverse. At the same time, military aviators apply different set of rules to different missions such as higher HQ missions, ORIs, check rides, standard training missions, and ofcourse combat. This often creates a level of urgency in the operators mind about the set of rules to be followed for flying each day. CRM not only tackles this dilemma, it creates a cultural approach towards safety and operational efficiency. 4. The Environment The military is a fertile ground for hazardous attitudes to manifest themselves in young and aggressive aviators. Its only through effective CRM training that these aircrew members are shaped into safer and more effective aviators. Airline flight crews battle the environment, with safety the paramount concern. In contrast, in addition to the environment, the military aircrews must also engage a clever human enemy, armed with missiles and guns, who knows the fight is coming and constantly changes the rules. The relative importance of the mission must therefore be factored into the military CRM equation. Decision making by a young crew member in a combat environment, strapped inside a complex piece of military hardware while engaging a clever human enemy, is different than airline instructions. Therefore, training must be different and requires well deliberated modules in line with CRM practices. Ideology of Military CRM training The concepts which underpin CRM are not new; rather they are an attempt to distil old axioms into a more coherent management style across the flight regime. Safe and efficient military flight operations depend for their success not merely on the acquisition of sound technical knowledge and skills but also on the mastery by aircrew of the cognitive and interpersonal skills which form the basis of good CRM. Cognitive skills not only allow for the development and maintenance of good situational awareness but also underpin high quality problem solving and decision making techniques. In addition, interpersonal skills, which depend for their effectiveness on good communications, encourage the creation of synergy and the development of successful teamwork. Both cognitive and interpersonal skills are enhanced by a good emotional climate amongst the crew, but they are also easily degraded by stress, so management of the emotional climate and stress becomes an integral and important element of good CRM. CRM is not, therefore, merely an abstract management concept; it embraces principles and proficiency which, if combined with a high degree of technical knowledge and skill, will enable the crew to make best use of all available resources to achieve optimum efficiency in the conduct of operations while at the same time maximising the safety of the flight. Organizational benefits of military CRM efforts There are many prominent organizational benefits that have been realized from the military CRM efforts. Some of these are as follows: 1. Improved mission effectiveness 2. Improved aircrew-maintenance co-ordination and co-operation 3. Improved morale 4. Improved training efficiency 5. Better care and use of valuable hardware Conclusion CRM evolved as a program concern with only emphasizing on changing individual styles and correcting deficiencial behaviour in the first generation, to the second generation with more core skills like decision-making. The term cockpit was changed to crew at this point of era as they realised that other aviation community require CRM training as well. The third generation has major development such as including human factors concepts into its program. The fourth generation integrated organizational culture into its context. Till today, the fifth generation of CRM training is still evolving and consistently monitored for any changes to improve in safety. CRM training now shifted its focus to limitation of human performance as compared to the first generation which is psychological in nature. The prime focus of military CRM is on the quality of judgement rather than the quality of skills. CRM is not and never will be the only mechanism to eliminate error and assure safety in a high risk endeavor such as aviation. Error is an inevitable result of the natural limitations of human performance and the function of complex systems. CRM is one of an array of tools that organizations can use to manage error and achieve objectives by prioritizing CRM practice foremost i.e at the tip of the organizational spear.
Sunday, September 1, 2019
Love is Ephemeral
So much of what we do is lost and quickly forgotten, even by ourselves. In the short story, ââ¬Å"One of His Good Daysâ⬠, by Laurence Hill, defines the idea that love is ephemeral. Love is a bond between mortal beings. But what happens when that bond is broken because of an illness? Can you love someone and not be in love with them? To prove this, the author uses the literary technique known as tone to show the reader how the characters feel about their situation they are In. Another literary technique the author uses to demonstrate the theme Is characterization.Hill uses horizontally in the story by showing the actions of the characters. Therefore, Hill uses the literary techniques of tone and characterization to develop the controlling idea that love is ephemeral. Hill uses tone to show the reader how Charlotte emotions get In the way of her love for Francis. Love is a dark and intangible feeling that can expose its targets to danger, pain and suffering. After the car acciden t that Francis had, Charlotte was taking care of him and was nurturing him In any way she could. But it came to a point when Charlotte realized she was no longer his wife and only a caregiver to him.And that's when her love died for Francis. For instance, Francis wants her to stay downstairs with him for the night when she responds, ââ¬Å"l want to sleep. Haven't slept in a month. She had hardness to her voice that he hadn't heard before he tried to look in her eyes. She turned her head away. (9). Charlotte found it suffocating to be around Francis twenty four seven looking after him as If he was a baby. She was tired and reached her limit, which Is why she couldn't look at him any longer. And when she did look at him, she would ââ¬Å"stare at him with eyes like empty saucersâ⬠. ). It was not only Francis who was suffering, but Charlotte to, and she did not want the love for her husband to have a dark and miserable end. Hill uses characterization of Charlotte to demonstrate h ow diminishing health in the elderly, establishes leads to marital estrangement. Charlotte personality changes from warm and loving to cold and removed due to her husband's worsening health. First, Charlotte does everything In her power to ensure her husband's well being, ââ¬Å"she cooked for him and lifted him onto the toilet and got up four times a night for himâ⬠(9).Charlotte character changes throughout the story. She starts to see her spouse more as a burden than a husband. Charlotte is exhausted and leaves her husband in the hospital's care. Charlotte visits became fewer and fewer. ââ¬Å"At first, she visited him twice a day, then once a day, then a few times a week, and lately, once a weekâ⬠(9). It was as If she no longer knew him. Charlotte marriage with her husband has failed due to his recurring disease. People Judge others when they find out a spouse have dropped of the other at the door of a hospital or nursing home. But at what cost?
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