Legal memo

We filed a complaint last month in trial court alleging that there was negligence on the cancel of the store. We were seeking an award for damages. In the answer to the complaint the store alleges that Samaritan Smith had a duty to cancel the spill, and was unable to fulfill that duty because she was distracted by her misbehaving child. The store claims that her creation distracted makes her equally at fault for the Injuries sustained in her trip and fall stroking. state of matterment of Facts While shopping at the local marketplace store with her young son, Samaritan Smith lipped on clear, gel shampoo that had spilled Into the Isle. The fall resulted In a broken hip, requiring an overnight stay at the hospital as well as several months of visible therapy. The grocery store Indicated that although they complete hourly Isle clearance checks they were unaware of the spill. Issues 1. Was the store negligent for not providing an environment free from hazards? 2.Is Samaritan Smith discontinueially responsible for her injuries based on her not keeping comme il faut lookout and not avoiding the spill? 3. Based on the Comparative Fault Act, can Samaritan Smith reform for her injuries? BRIEF ANSWERS 1. In Indiana the owner oaf business or store is required to snap reasonable measures to keep their property in a reasonably safe condition for persons who will be using the property. 2. Samaritan Smith does have a responsibility to maintain her own personal safety. 3. Based on the Comparative Fault Act, can Samaritan Smith recover for her injuries? Applicable Statue 1.A Claimant is barred from recovery if the Claimants opening fault is greater than the fault of all persons whose fault proximately contribute to the claimants damages. The amount awarded is reduced and perhaps eliminated based on the level of claimants fault found. Legal memo By cathedral The store claims that her being distracted makes her equally at fault for the injuries slipped on clear, gel sh ampoo that had spilled into the isle. The fall resulted in a physical therapy. The grocery store indicated that although they complete hourly isleLegal MemoI chose to asseverate contributory negligence because we cannot deny that cases of beer were not properly secured In our vehicle, proving that It was some parting of our own default. The complainant shall be barred from recovering damages if the Trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the Injury or damage for which recovery is sought. Illinois State Statute 735 ILLS 5/2-1116(c) (2011). Thus we must provide proof that the plaintiff, Mr..King contributed at least 51% of the negligence. A similar case would be Attainment v innovational Industries, INC. 960 F. Ad 692 1992 U. S. App. LEXIS 6205. This case Involved a collision between a hand truck (Defendant, Modern Industries) and a person (Attainment). Attainment died due to his Injuries resulting fro m the accident. The decedents capture brought a wrongful death slut against Modern Industries. Attainment was found to be 51% at fault thus the claim against Modern Industries was denied.Attainments actions before he collided with Modern Industries are what led to the accident In the first place. An example of one of Attainments contribution to the accident Is No person shall open the door of a vehicle on the side available to moving barter unless and until It Is reasonably safe to do so, and can be done without Interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic or a period of time longer than necessary to load or unload passengers. Ill. Rev. Stats. 1989, chi. 95 1/2, par. 11-1407. Legal Memo PAP 10 By Jeroboams that cases of beer were not properly secured in our vehicle, proving that it was some percentage of our own default. The plaintiff shall be barred from recovering is more than 50% of the proximate cause of the accidental injury or damage for which recovery U. S. App. LEXIS 6205. This case involved a collision between a truck (Defendant, Modern Industries) and a person (Attainment).Attainment died due to his injuries resulting from the accident. The decedents mother brought a wrongful death suit Modern Industries are what led to the accident in the first place. An example of one of Attainments contribution to the accident is No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor

Are Electronic Medical Records a Cure for Health Care?

Case Summary Health plow is a major matter in the media, and how it affecting people both over the country. The giving medication has utilizeed laws and policies to chink that individuals can collect the proper aesculapian attention, and has made healthcare afford up to(p) for American that are not able to reach out of pocket for services provided. This action by the governance has caused a surplus in patients seen by healthcare providers, which in return has increase the paperwork associated with business practices.As a result, providers are implementing transcriptions such as electronic checkup Records to ensure that patient records are accurate and accessible for multiple providers for proper diagnosis. Electronic Medical Records (EMR) dodgings are systems that provide development some ones life-long health condition and health care behavior which are on the basis of electric concern. The records contained in the system dupe been constructed to take the set up of paper health check records as the main information sources in medical care (Chen, Wang, & Zhang, 2010).As in some(prenominal) system, developers must understand how to integrate information to ensure that the system in capable function properly, and providing users with information requested by incorporating business intelligence into the executing process. Business science (BI) enables developers to clearly state what is postulate throughout the entire organization, and simplifies the slaying process during executing deployment and administration. Implementing and integrating EMR systems is costly, but it is necessary for healthcare providers to fill systems as this to ensure accuracy, errorless information. . ) What management, organization, and technology factors are responsible for the difficulties in building electronic medical records systems? Explain your answer As technology rapidly emerges, businesses are required to adopt new practices to verify and streamline proc esses. Electronic medical records systems have surfaced to eliminate inefficiency, errors and cut enormous spending. Organizations must strategically implement and interact with agencies outside of its walls to integrate EMR systems into it infra social system.Healthcare management, insurance agencies, the government and technology advances have all played a major role in the delay of the creation of a global EMR system. The Governments fight in the murder of EMR system is critical. In 2009, $19 billion was granted through the American retrieval and Reinvestment Act of 2009 to encourage doctors and hospitals to install and use electronic health records (EHRs) which is a fundamental component of EMR systems (MacKinnon & Wasserman, 2009). Without government funding, it would be merely impossible for organizations to implement and adopt ERM systems.Expensive systems are usually frowned upon by organizations, for that reason the government must intervene to ensure improved speed and a ccuracy of data sharing, reporting, and planning. Healthcare providers are beseeming overbooked and the paperwork is overwhelming. Adopting technology is necessary in the healthcare profession to handle daily workloads. The cost of implementing systems to fit the require of the organization is the leading factor that causes providers to resist the integration and incorporation of EMR systems. IT developers are also high intricate in the implementation of systems for hospitals and healthcare providers.Investing in the EMR system is costly, but the failure to implement EMR systems is often contributed to developers ignoring stakeholders of necessity in the hospital (Su, Fulcher, Win, Chiu, & Chiu, 2008). 2. ) What stages of system building will be the most difficult when creating electronic medical record systems? Explain your answer With advances in technology, organization must continually upgrade current systems to ensure that the systems capabilities are functional. One of the most difficult stages in the implementing of EMR system is the sharing of information between different systems.One of the essential purposes of an EMR system is to collaborate and store patient information that can be accessed by multiple providers. Utilizing what is known as an electronic patient records system or (ERP) is an electronic coordinate for the maintenance of information about the health condition and the care received by someone all his/her life (Vilar & Boudoux, 2002) . Some institutions that implement systems using ERP could actually face problems due to HIPPA laws when making information on hand(predicate) to other sources. Being able to provide information nationally could cause major problems for organizations utilizing as well.Providers have issues with privacy with information be easily accessible. Protection of information is vital, and developer must be able to witness access and information that is provided through EMR systems. Christa Teston in her articl e, Investigating usability and meaningful use of electronic medical records, A wide-ranging survey of healthcare providers and patients resulted in negative attitudes from a rather substantial minority of participants about the secondary use of de-identified health information (Teston, 2012). 3. Describe the application of business process management to the endeavor of an electronic medical record system Within an EMR system, careful database management is needed to store sexual relation and historical information. EMR systems implementations require a significant investment in money and time, as well as process change and training, all of which carry a great deal of risk for the organization (MacKinnon & Wasserman, 2009). The implementation of any system requires strategic planning and proactive approaches to management, and business processes.There are design-related issues that many developers struggle with during the implementation process such as privacy, efficiency, accountin g, and noise from data (Teston, 2012). EMR sharing system unified data structure enables the complete exchange of medical information within the hospital encompassed by a particular region. The organizational structure of hospitals can be directly mapped to share electronic medical record system, to simplify the management of permissions.For that purpose, developer must strategically plan to implement a strong security measure for the system. Security implementation within the EMR system requires users such as providers, staff, and manager, to all obtain a registered certificate that enables access to the system (Chen, Wang, & Zhang, 2010). 4. ) Describe the importance of business intelligence and analytics capabilities in the design of an electronic medical record system Understanding technology and the needs of the users plays a vital role in implementing any system.Proactively implementing systems that is readily able to adapt to future technology upgrades requires developers to have intensive knowledge of the industry practices and technology evolvement. Business Intelligence (BI) is used to describe applications and technologies that are collaborated to provide access to analyze data and information about an enterprise, in order assist with business decisions (Wu, Barash, & Bartolini, 2007). Data warehousing is one application that is used in the implementation of an EMR system, and is also considered traditional form of business intelligence.The main goal of BI is to provide a sensation vision for an entire organization to simplify system implementation, deployment, and administration and to deliver strategic, tactical, and operational knowledge and actionable insight (Wu, Barash, & Bartolini, 2007). Reference Chen, Q. , Wang, Z. , & Zhang, W. (2010). Security Design for Electronic Medical Record. Intenational group on Biomedical applied science and Computer Science, (pp. 1-4). doi10. 1109/ICBECS. 2010. 5462307 MacKinnon, W. , & Wasserman, M. (2009). Implementing electronic medical record systems. 2nd Hawaii Intenational Conference on scheme Science (pp. 50-53). Waikoloa IEEE Computer Society. doi10. 1109/HICSS. 2009. 349 Su, Y. -Y. , Fulcher, J. , Win, K. T. , Chiu, H. -C. , & Chiu, G. -F. (2008). Evaluating the implementation of Electronic Medical Record (EMR) organizations. IEEE 8th International Conference on Computer and Information Technology Workshops, (pp. 589-594). doi10. 1109/CIT. 2008. Workshops. 45 Teston, C. (2012). Investigating Usability and Meaningful Use of Electronic. thirtieth ACM international conference on Design of communication, (pp. 27-232). New York. doi10. 1145/2379057. 2379101 Vilar, G. , & Boudoux, C. (2002). The Medical Information Management System (SIGIM) Elaboration of an Electronic Patient Record -. Proceedings of the Second Joint EMBSBMES Conference, (pp. 1954-1956). Houstin. doi10. 1109/IEMBS. 2002. 1053112 Wu, L. , Barash, G. , & Bartolini, C. (2007). A Service-oriented computer architectur e for Business Intelligence. IEEE International Conference on Service-Oriented Computing and Applications, (pp. 279-285). doi10. 1109/SOCA. 2007. 6

Rayong factory of the Simple Shoes Company Essay

Rayong factory of the elemental Shoes Company - Essay ExampleA tell between base, ideal and attainable standards and explain how these may be utilize in the Rayong factory of the Simple Shoes Company. Standard woo is the pre-determined operating cost calculated from Managements standards of efficient deed and the relevant necessary expenditure. It is used as a basis for price fixation and cost go through variance analysis. staple fibreally, standard cost reflectsoQuantities of material and labor pass judgment to be usedoPrices expected to be paid for materials and labor during the coming year, and,oFactory expenses applicable to production based on efficient act and practical capacity operation of the factory.Standard costs are used in the following applicationso grooming & Control Standards provide a benchmark, which serves two purposes guiding and directing the activities of the firm (planning) and analyzing whether the actual activities are in proper direction ( break).o Pricing Decisions Standard cost facilitates decisions as also in decisions involving submission of quotations, replying to tenders etc. Since cost is pre-determined based on acceptable standards efficiency, decision making process is simplified.oVariance Analysis Identification and measurement of variances from standards is realizable with the use of standard costs, with a view to improve performance or to revise standards, whichever is applicable. Management by Exception By analyzing the variances, the decision maker can focus on significant deviations from standards and take disciplinal actions. Managers can concentrate on critical areas of activity where variances are reported. Thus, standard costs facilitate control by exception (Accounting Tools 2008). Characteristics of basic standards (AccountingCoach 2008) Particulars Characteristics Period These standards reflect the costs that would have been incurred in a current past period (i.e. the base period). Change These standar ds are used for items or costs which are apt(predicate) to remain constant over a long period. Short run vs. Long run introductory standards are set on a long term basis and are seldom revised. piece These costs relate to a base year, which is chosen for comparison purposes, like price indices etc. Basic standards do not represent what should be attained in the present period. Suitability Suited further to businesses having a small range of products and long production runs. Comparison of ideal standards and attainable standards (Accountingformanagemt.com 2009) Particulars Ideal Standards get-at-able Standards Conditions These represent the level of performance attainable with the best or ideal set-up, i.e. best quality materials at favorable prices, highly skilled labor, best equipments and layout. These represent the level of performance attainable under conventionality operating conditions, i.e. normal efficiency, normal sales/production volume etc. Efficiency These standar ds focus on maximum efficiency in utilization of resources, i.e. maximum output with minimum cost These standards focus on the practical attainable efficiency, after considering normal imperfections, i.e. optimization (not minimization) of cost per unit. Attainment These are generally not attainable hence such standards may not be taken seriously. These are attainable with probable effort and hence constitute a good benchmark for control. Disposition of variances Variances from the ideals would not indicate the uttermost to which they could have been reasonably and practically avoided. There is no logical method of disposing these variances. Here, variances are deviations from normal expectations. accordingly they are disposed on the basis of the policy of the company in this regard. How these may be used in the Rayong factory of the Simple Shoes Company As is obvious from what has been discussed above a basic standard is more of a historical piece of information without much pra ctical relevance for a new set up. Thus, it is advisable that no effort should be spent on setting up basic standards. Instead it would be much more effective if the

Economic Development and Increasing Solution in Developing Countries Coursework

scotch Development and Increasing Solution in Developing Countries - Coursework ExampleConclusion- This part of the paper summarizes the key findings that argon contained in the body of the article. This summary includes a re-statement of thesis statement and findings. This section also offers a mathematical solution for the problem stated in the introduction and analyzed in the main body. The Links amidst Economic Development and Increasing Pollution in Developing Countries Introduction Economic growth and study are directly pertained to environmental pollution. Research has shown that economic tuition acts as a accelerator pedal for increased levels of pollution and vice versa (Faucheux & OConnor, 2002, p. 115). However, the relationship between economic development and pollution in substantial and growing countries is fundamentally different. This is because this relationship/link is influenced by a different factors. This paper evaluates the factors that form the link be tween increasing pollution and economic development in developing countries. ... This scenario is slowly changing and developing countries such as Brazil and India have higher levels of environmental pollution. This shift is linked to the economic development of third world countries. Even though development countries are aware of the bio-diversity and climate repercussions that occur overdue to environmental pollution, they opt to prioritize their economic development so that they can be able to strengthener their large populations. One of the key features of developing countries is large populations and high birth rates. Most developing countries make up to focus on economic growth in order to address the immediate challenge of ply their populace. Since the repercussions of increased population are less immediate than starvation these countries make the choice to focus on economic development (Kramer, 2001, pp. 321-322). In contrast to developed nations, the economies of deve loping countries are still highly open on heavy industries. Such industries contribute greatly to increased environmental pollution. In this era of globalization, developing countries a lot perceive any attempts to steer them away from reliance on such heavy industries as interference which is aimed at derailing their economic development. This is because they are often economically weak and unstable, developed countries are often incapable of establishing industries that cause less harm to the environment (Schmandt & Ward, 2000, p. 184). In fact it is al closely inconceivable for most developing countries to consider giving up profitable (but environmentally degrading) industries and establish new green industries. ascribable to globalization, most countries need to remain competitive in order to attain economic development.

Analyze the book Coming of Age in Mississippi by Anne Moody - How did Essay

Analyze the book Coming of Age in Mississippi by Anne Moody - How did the arrangement of discrimination work, and why was it so har - Essay ExampleMoodys particular contribution to this strategic subject is to bring out the emotional and psycheal effects of this system of discrimination on the poorest plurality and spell out the awful consequences that followed any attempts at resistance against the overwhelming power of the innocence and racial ruling minority in Mississippi. The economic situation of the protagonist Annes family is very bad. The passages describing the various concomitant family homes, for example, detail the very basic conditions in a matter of fact way, showing how absolutely design it was for African families to share one room, or even on occasion one bed (Moody, 13). Features such(prenominal) as wallpaper fastened on to the walls with tacks (Moody, 3), or a concern for economy in statements such as Stop using up all that soap (Moody, 35) appear extrem e to modern readers, because these low-pitched luxuries are taken for granted by the vast majority of American citizens today. The fact that an eight stratum obsolescent is left in charge of younger siblings, while both parents work long hours in the fields is evidence also that conditions for share-cropping farmers were not much better than those which were endured by African Americans under the old rules of slavery. Grinding poverty is the daily normality for this group of raft, and it saps their strength, taking away the desire and ultimately also the ability to find a better way of life. Annes receive, for example, struggles every day of her life to hand over even these fundamental necessities for her children and this explains her attitude of dejection and hopelessness throughout the book. Anne, as a young child, longs for a more spirited resistance, but does not appreciate the weight of economic responsibility that keeps a mother tied to a succession of demeaning and lo w paid jobs. These harsh conditions are described without ban comment in the opening pages of the book, but as the child grows older and encounters the luxurious bedrooms and bathrooms that white people such as the Johnsons have, a note of envy and indignation appears. It is bad enough to suffer wishing and hunger, but the proximity of a whole other world that is physically nearby but economically out of reach makes the situation even worse. Prejudice and power are certainly factors in the upkeep of a segregated society in Mississippi, but one the most powerful forces that sustained the system of discrimination was widespread and unrelenting poverty. Social differences in the novel are partly defined by the economic factors mentioned above, but also very much influenced by race. The book shows how a child increase up in the segregated South has difficulty in understanding the labels that categorize people into several(predicate) racial groups. The young Anne cannot figure out, for example, why two of her uncles who look exactly like all the white people, cannot be classified as white. Her mothers answer Cause they mama aint white (Moody, 36) appears fragmented to the child, who naturally looks for visual signals in the color of skin, eyes and hair that a person has. By adopting the innocent and questioning attitude of a child, the author cleverly points out the inherently illogical and arbitrary nature of the social hierarchy. The reader is forced to

Perspectives on Culture Essay Example | Topics and Well Written Essays - 500 words

Perspectives on Culture - Essay Examplesocieties, widely grouped into Nilotic, Bantus and Cushitic, cultural form is widely evident in day-to-day life .Different cultures are accompanied by unique springer and norms, some surprising and shocking while others are common to all the cultures. Norms refer to particular rules concerning in force(p) and wrong in a society while customs are the societys practices (Tierney, 2007). legion(predicate) elements of culture and diversity such as aesthetics, ceremony, ethics, health and medicine, gender intentions, folk myths, religion and spirituality, gestures, grooming, sexuality, taboos and ownership resist among societies.Gender roles, for instance, differ greatly among these societies. The Maasai-a Nilotic tribe mainly comprising nomadic pastoralists, surprisingly assign the role of building houses and cooking to women in their community whereas men are expected to protect the community and reckon after livestock. This is not the case with the kikuyu (a Bantu community) or luo (Nilotic) and many other cultures where houses are built by men.Religion and Spirituality, including purpose in life, the possibility and type of afterlife also has great diversity among sundry(a) societies. Each society has a unique god that they worship and believe in. The gods have different call and are believed to reside in specific places where they can be worshiped and consulted at specific times. The kikuyu community for example believes their god-ngai, lives a mountain so they face this specific mountain during worship.Another surprising variation in element of culture among the Maasai is evident in their status- attitudes and behaviors related to people of different rank like age, wealth, top executive or fame. This community considers keeping more livestock and having more children a sign of wealth, the more a person has the wealthier he is. Living among these communities requires knowledge of their language and acclimatize to their food. Language is a set of share symbols that

Alexander Wendt Anarchy Theory Essay Example | Topics and Well Written Essays - 1750 words

Alexander Wendt Anarchy Theory - stress ExampleWendt is more with the realists when they say that the state administration is in a state of anarchy and that the states argon competing for survival. Theorists agree that Wendts theory has important implications for the advancement of foreign politics. Contrary to neorealisms static materialist structuralism, Wendts social theory bears on the tranformative potential of international politics. His theory claims to reveal the potential for a more cooperative international relations, http//en.wikipedia.org/wiki/Alexander_WendtInternational dealings is supposed to have started with the Peace of Westphalia in 1648, from where the modern system of States emerged and since then, various theories have cropped up. Answering a question why we have to thearise everything, Brown says For the majority of theorists in this bea, the answer is clear - explain in order to predict, predict in order to control, or if control is impossible, then at le ast to inform the consequences of undesirable states of affairs and take advantage of whatever opportunities exist, (Brown, 2002, p.12).This word comes from the German word, realpolitic meaning foreign policy based on practical concerns, and the word attained its credence because of Bismarck. This theory assumes that the States themselves are the actors, and these individual actors are influenced by the structure of international anarchy. It is also assumed that World politics is a voluntarily self-helping system and each state is affaireed in its own national interest and there is always affair between one state and another. Its one more assumption is that diplomacy is not for solving the problems, exactly to serve national interests and the main instrument of success is the military force. Since the end of Second World War, reality has bhecome one of the major theories of International Relations which leads to political realism, Winston Churchill was a powerful advocate of r ealist foreign policy. The view was well suited to the early phase of the Cold War. The power struggle between the worlds two superpowers prevail international politics, and the United States sought to contain Soviet expansionism, claims (Knutsen, 1997, p.241). It could be defensive realism with national interest in its core and its interpretation connects with international security, anarchy in international relations and Michiavellis realism. Thucidydes is supposed to be the founder of this school. Michiavelli, though condemned for preaching amoral ways during his lifetime, is the real propagator of Realism. Morganthau is crdited with systemetizing classical realism with his famous half-dozen principles. LIBERALISMLiberalism assumes that states can cooperate with one another through institutional mechanisms and bargaining and they are one gravestone actor in the arena of World politics, and here states are not independent, but interdependent. It also argues that international institutions like Transnational Corporations, IMF, WHO, United Nations are actors in a different sphere, and have a post to play. Francis Fukuyama said that the ideology of