SWOT Analysis: A Small Family Business

SWOT Analysis: A Small Family Business Privately-owned company is unquestionably a quality for RCDC as in a family possessed business, the proprietors see their as a resource for give to their relatives as opposed to riches to expend during their lifetimes (carron,1999). What's more, as of late contended by Zellweger(2007), the all-encompassing time skyline that portrays family firms diminishes the peripheral danger of a speculation and in this way the comparing hazard equal expense of value capital (McNulty,Yeh,schulze and Lubatkin,2002). Thus, family claimed firms can take advantage of venture lucky breaks their non-family rivals don't consider as adequately appealing or consider too risky;such a circumstance offers family possessed firms the chance of building up their exercises unhindered by forceful contenders and of vanquishing markets that contenders can't enter(Zellweger,2007,p-9) Additionally, families may carry with them noteworthy money related and physical resources,called survivability capital(Simon and Hitt,2003),which can be utilized to continue the business during monetary hardship or after ineffective key motion pictures (Dyer,2006). These components are normally known by clients and suppliers,who may set up and develop dependable connections in view of the generosity and reliability created by the family duty (dollinger 1995). 2) Strong Criticism from investors: The persistent negative criticism from executives of warwick speculations with respect to the poor profit installment record and the absence of key course is really a quality of RCDC as it goes about as a drive for development .It is a direct result of this critism and the drop in turnover that the Lancasters and Yorks are attempting to locate each conceivable method to spare their business and fulfill the partners. 3) Long-term involvement with the laundry business: According to the case RCDC has been in the laundry business for over 10 years and they have figured out how to maintain the business sensibly well which implies that they have had a decent piece of the pie and enough clients to belittle and a genuinely decent information on the specific business. They can utilize this experience to defeat the weaknesss and exceed expectations in their conventional business. 4)Flexi-timing: The RCDC has both full time and low maintenance staff which is a quality as it builds the representative resolve ,commitment and promise to the organisation.It diminishes the truancy to a specific level and increment the odds of enlisting exceptional employees.It even aides in lessening the staff turnover and building up the picture of the business. Shortcomings: 1)High staff turnover: As referenced for the situation, RCDC is confronting a hgh level of staff turnover at both staff and administrative level which is one of the reasons for the decreased hierarchical presentation .Excessive worker turnover can hurt the general profitability of a firm and is regularly a manifestation of other difficulties.Every association endeavors to have high productivity,lesser turnovers and most extreme profitability.managing turnover effectively is an unquestionable requirement to accomplish the above goals.Abassi and Hollman(200) focused on that the directors must perceive the representatives as significant supporter of the proficient accomplishment of the associations success.Furthermore,highly roused and performing people are the vital variables of the authoritative efficiency. Therefore,there is have to build up an intensive comprehension of the representative turnover from the point of view of causes,effect and methodologies to limit turnover. 2) Absence of preparing and advancement: This another shortcoming of RCDC which merits referencing as this can be a significant reason for worker turnover as there is no development inside the organisation.according to the case ,the preparation and advancement intercessions are totally nonexistent which implies that there is no extension for representatives to create or achiveve some sort mastery in their specific professions.Moreover,Training and improvement is asource of upper hand for organizations which assists with expelling execution lacks in workers. There I more noteworthy stability,flexibility and limit with respect to development in an organisation.Training adds to worker soundness in at any rate two different ways .Employees become productive subsequent to experiencing preparing. Effective representatives add to the development of the association and development in trn renders soundness to the workforce. 3)safety Measures at work: The setback that occurred with one of the representatives at RCDC makes it obvious that security measures are totally absent in the organization which implies RCDC is putting the ife of its workers in danger by making them work in a dangerous domain which thus ruins the picture of the organization. 4) Conflict among the proprietors: There is a great deal of contention among the proprietors of the RCDC which is one of the main drivers of the underperformance of the company.There is no vital arranging ,no control and no course by any means. Dangers: 1)Competion: One of the fundamental dangers to all the businesss is rivalry and RCDC is no special case. RCDCs fundamental contender is Bletcheys quick clean plc which operstes roughly in the equivalent geological zone .The Bletcheys can even exploit the inward issues looked by RCDC to take more noteworthy market share.as contrasted with RCDC, the showcasing procedures and valuing approaches of Bletcheys.are better and their prosperity rate is additionally very high which is the reason a considerable lot of the RCDC workers have joined Bletchey and they have had the option to pull a considerable lot of the clients alongside them. 2) Seasonal work : Generally individuals consider cleaning for woolen and costly garments so the business will in general be higher in winter and harvest time where as summer is set apart with decreased deals as the garments are machine launderable. 3) Increasing nmber of general stores Another danger representing the customary neighborhood cleaning business is the expanding number of markets having the laundry stores.Most of the pople nowa-a-days think that its advantageous to shop from these general stores where they get their garments likewise drycleaned.This can in the long run lead to finish eradication of the conventional drycleaning. 4)Legal issues: Legal disputes documented against RCDC by its workers is another danger to the smooth working of the business.Firstly it can ruin the picture of the organization by lessening the deals and also it doesn't permit the administration to focus totally on their business as the greater part of their time goes in finding better approaches to manage these issues. Openings: 1)Diversification of business: One of the open doors is to differentiate their business into territories, for example, shoe repairs,film processing,key cutting and agreement cleaning notwithstanding achieveing a degree of greatness in their center business i.e cleaning.Diversifiacation can help RCDC with expanded benefit and occasional difficulties. 2)Innovative Marketing methodologies: RCDC can think of some imaginative advertising thoughts to top the market e.g:E-marketing,offering limits to its steadfast clients etc.It can likewise improve its client support by giving the choice of home conveyance which can demonstrate helpful to clients having a bustling every day schedule and can even beat the danger of one quit shopping. 3)Improved organistioanl methodologies: RCDC needs to actualize preparing and advancement programs for representatives which can help in drawing in an ever increasing number of individuals for work,reduce worker turnover and will make the procedure more organised.Safety quantifies likewise should be remembered for this program with the goal that the pace of mishap is limited. 4)Centralisation of activities: Decentralization Iis a superior open door than centralisation as decentralization would prompt better client care and fast cleaning which could be useful in getting more clients and expanding the benefits .notwithstanding this senior supervisors ought to be given greater obligation and powers so they can take choices with respect to an issue identified with the particular store as and required and don't need to rely upon getting orders from home office. Present and potential issues looked by RCDC in the accompanying territories: a)Operations the board and authoritative issues: Tasks the board is the action of dealing with the assets which create and convey items and services.The tasks work is the piece of the oranisation that is liable for this activity.Every association has a tasks work in light of the fact that each association delivers some sort of items and/or services.Page 4 No association can get by in the long haul on the off chance that it can't gracefully its clients effectively.And this is basically what activity s the executives is tied in with designing,producing and conveying items and administrations that fulfill advertise requirements.For any business,it is an essentially significant movement. General issues in activities the board looked by little and medium measured associations : Activities the board is similarly as significant in little associations all things considered in huge ones.Irrespective of their size,all organizations need to create and convey their items and administrations proficiently and effectively.However,in practice,managing tasks in a little or medium size associations has its own arrangement of problems.Large organizations may have the assets to commit people to specific undertakings yet littler organizations regularly cannot,so individuals may need to do various employments as the need arises.such a casual structure can permit the organization to react rapidly as circumstances or issues present themselves.But dynamic can likewise get befuddled as people jobs overlap.small organizations may have the very same activities the board issues as huge ones however they can be increasingly hard to isolate from the mass of different issues in the association. Present and potential tasks the executives issues looked by RCDC can be examined a follows: 1)No comprehension of the activities vital execution targets: The as a matter of first importance duty

The Purpose of Planning Communication Essay Example

The Purpose of Planning Communication Paper Comprehend the motivation behind arranging correspondence 1. 1 Explain the advantages of knowing the motivation behind correspondence The reason for correspondence is to permit the trading of data, thoughts, ideas, feelings, contemplations and assessments. The advantage of realizing this is so you can utilize correspondence as an apparatus, it is should have been ready to learn, educate and disclose things to other people. We impart in a Business Environment to keep up powerful and productive methods of working and to tune in to and attempt to take care of every others issues. 1.2Explain the purposes behind knowing the crowd to whom comma annunciations are introduced By knowing who your crowd is it is simpler to adjust your correspondence properly. Your tone and arrangement will contrast contingent upon who is accepting the correspondence as will your non-verbal communication, for instance when talking among companions, you are probably going to talk casually with progressively loosened up non-verbal communication while when conversing with a ranking director you would place more idea into what you were stating and the words you pick just as standing upright, grinning and so forth. We will compose a custom paper test on The Purpose of Planning Communication explicitly for you for just $16.38 $13.9/page Request now We will compose a custom article test on The Purpose of Planning Communication explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom article test on The Purpose of Planning Communication explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer The reasons we change the way we ammo to various crowds is to emit the correct impression and to get whatnot need to state across fittingly, viably and effectively. 1.3 Explain the reason for knowing the planned results of correspondences Knowing the proposed results of interchanges advises you if the data you gave was palatable and up to the correct norm or in the event that they required more from you. 1. 4 Describe various techniques for correspondence and when to utilize them There are five unique strategies for correspondence; verbal, non verbal, casual, formal and non-verbal communication. Verbal correspondence is the demonstration of passing on contemplations, sentiments and thoughts using discourse. It is the best sort of correspondence and ought to be utilized when a prompt reaction is required, which can be looked for up close and personal or via telephone. Verbal is additionally a favored technique when data is private. Non-verbal This sort of correspondence is one that doesn't Involve discourse. Instances of non-verbal interchanges are composed, outward appearances, motions and gesture based communication. Composed correspondence can be utilized to have a printed copy/record of an understanding or discussion. Outward appearances and signals can be exceptionally useful to depict your emotions and causes you decide whether the individual you are addressing comprehends what youre saying. Casual Informal correspondence can come in numerous structures, an up close and personal visit, call, content, email, post it note or a casual gathering for a get up to speed. This is utilized day in day out among companions and partners. This is normally utilized when the individuals conveying know one another; a case of this would be beginning an email with Hi instead of Dear Mr.. Formal correspondence is normally utilized when speaking with clients/cloths relying upon the relationship held with them or when techniques and requests are being followed. This is, by and large, the organization utilized consequently when imparting in business with individuals you don't have the foggiest idea. Non-verbal communication Body language is the most legit technique For correspondence; it very well may be depended on by the nearly deaf or conversing with assistance them express what is on their mind and get others. It assists individuals with deciding who they believe is agreeable and can help when there is a language hindrance. . See how to impart recorded as a hard copy 2. 1 Identify pertinent wellsprings of data that might be utilized while planning Ritter correspondence Sources of data can be classed as Primary, Secondary and Tertiary. Essential When data is fundamentally sourced it is assembled by an individual legitimately in contact with the occasion or occurrence. These are the real realities that havent experienced any changes. Instances of these include: Diaries Letters E-sends interviews Sue reeves Secondary An optional wellspring of data is deciphered or investigations information of the essential source. Instances Of these include: Books Magazine and paper articles Commentaries Textbooks Tertiary sources comprise of data which is a mix of essential and optional sources. Instances of these include: Manuals Directories Fact books Bibliographies 2. 2 Describe the correspondence standards for utilizing electronic types of composed correspondence in a business domain. Electronic types of information or correspondence are messages, faxes and so on. While picking electronic correspondences for trade of data, you should think cautiously to choose which the best and most productive technique for correspondence is. 2. 3 Explain various styles and tones of language and circumstances when they might be utilized for composed interchanges. Informal, easygoing, and formal revolting are various styles of composing that have their own desires and results. The style of composing likewise relies upon the motivation behind what is proposed to state, how it is planned to state, what the record will be utilized for and the crowd. Everyday Language Colloquial is a casual, conversational style of composing. Easygoing language is something that we use to speak with family and dear companions. It utilizes casual words that we use regularly consistently. Formal Language Formal language is utilized in business correspondences. It relies upon the words you use, the manner in which you use and identifies with your job. You should be actually pleasing and the language has formal words with legitimate sentence structure, great jargon and magnificent punctuation which are increasingly significant. 2. 4 Explain the explanations behind choosing and utilizing language that suits the motivation behind composed correspondence. The motivation behind composed correspondence is to contact individuals in an increasingly proficient manner. See 1. 4 under Formal. 2. 5 Describe the methods of sorting out, organizing and introducing composed data so it addresses the issues of various crowds. While arranging, organizing and introducing composed data we need to hold up under as a primary concern the permitting. Set up all the archives for introduction relying upon what must be conveyed. Keep reports in the right request, so the correspondence goes in an appropriate stream with no disarrays and blunders. While introducing, be clear in what you talk expressing the destinations. Give a presentation on what you are going to introduce, why you are keeping in touch with them, why the crowd is accepting the composed correspondence. Present it bit by bit unmistakably utilizing appropriate assets where required. At long last, close it down creation clear that all targets were secured. Illuminate the crowd what will add straightaway and what activities must be executed. 2. 6 Describe methods of checking for the precision of substance in composed data. Any composed correspondence must be liberated from spelling and syntactic blunders. It additionally must be morally justified and proficient arrangement. So the accompanying must be checked or considered before the record is concluded to be conveyed. Check the focuses recorded: Whatever we compose must be precise, else it will have appalling impacts and can even destroy the notoriety of the association, and the association would itself be able to fall into difficulty. So all subtleties must be twofold checked for instance dates, names, insights, occasions, conversations, activities and different realities. In the event that you are uncertain of anything, ensure you check with proficient or experienced individuals and update the composed archive. Spell check and Grammar check: Spell-check is an alternative accessible to handily address grammatical error blunders. At times it won't be 100% precise, provided that you had composed a word rather than another, at that point spell check won't have the option to follow it. So it is in every case best to check through the record twice before sending it out. 3. Utilize a Template: Usually every association has an alternate style for archives they produce. They will all be accessible as layouts which one can use to effectively enter information. On the off chance that there isnt a format accessible, you should explore through to locate the right style for the record that you produce contingent upon necessities, division and association and follow the style manual for produce the report. As an association, records must be created in a norm and expert configuration. 4. Have another person check your work: Another approach to guarantee precision is to have your archive perused by another peruser. Here and there when we read through our own work, minor or now and again significant mistakes can be difficult to recognize. Linguistic, accentuation and style mistakes can be gotten if the peruser is an accomplished individual. 2. 7 Explain the reason for precise utilization of syntax, accentuation and spelling. The principle reason in the right utilization of sentence structure, accentuation and spelling is guaranteeing the recipient of the data peruses it the manner in which it was expected. Expansion to this when given an undertaking to do, your boss anticipates that you should do it superbly. At the point when a report has mistakes, perusers will in general doubt everything, including the measurements, suppositions, and realities. For movement in the organization you have to guarantee you complete all assignments to a specific norm. 2. 8 Explain what is implied by plain English, and why it is utilized. Plain English is plain language utilized for correspondence that accentuation clearness and stays away from specialized language. Plain English is utilized with the goal that what you attempt to impart is effortlessly comprehended by everybody and is proper to their understanding abilities and information. 2. 9 Explain the reason for editing and checking composed work. Any work that is composed must be edited and checked espe

Systematic Investigation

Systematic Investigation Systematic Investigation Home›Research Posts›Systematic Investigation Research PostsIntroduction to the studyThe authors of this study assert that mentally challenged humans have had preference assessment tests used on them, in conjunction with behavioral modification sessions, at a regular basis. Preference assessment-tests are therefore a regular component of all operant conditioning programs that have been applied to these mentally challenged people. It’s effectiveness in the improvement of the efficiency of behavioral training in such settings is exemplary, and the authors suggest it could be similarly effective in zoology and environmental research.The study conducted was of the preferences of nine captive orangutans, and were investigated for different food items. The researchers used a pair wise presentation onto, in the recording of nonhuman, animal preferences as concerned five different foods. Over the course of six months, this was on six different occasions.  The orangutans, according to the Results of a Friedman’s 2-way, were found to show a clear overall preference for simple apple. For the five foods, though, there was a significant variability among different orangutans in the preference rankings. This assumption was derived by the readings shown by a Kendall’s tau. Additionally, there was a variability preference in the rankings observed across time for every orangutan. Basically, the preferences of the Orangutan’s change over time. The variations also occur according to individual and regular assessments that should identify items that were used as rewards in behavioral husbandry training. It could be used as a part of feeding enrichment strategies.The researchers are inspired and motivated by the fact that over the past 15 years, very positive reinforcement in training has become popular in aspects of zoological institution and in non-human animal laboratory facilities. A difference exists on how individual animals respond to tr ainings and the speed of their progress. The researchers observe that a first reason for this variation is how positive reinforcement creates a difference in the response of individuals. It’s typical how preferences of individual primates for particular food rewards are assessed by means of no empirical uses by people who conduct training. However there are obvious imperfections to the assessment. An empirical means may be helpful to determine individual preferences.  The researchers acknowledge the extensiveness of the research done with human subjects.A look at the human research as a model when initiating preference research studies on nonhuman primates is therefore necessary.A description of the methodsThe subjectsTo obtain quality results for their study, the researchers had to choose the subjects and analyze their procedures carefully.They chose nine Orangutans that were housed at Zoo Atlanta and these included 4 adult males 1 juvenile, as well as 4 adult female Orangutans. Among them were seven Sumatran Orangutans and 1 adult male Bornean Orangutan as well as an adult male hybrid.In an indoor/outdoor holding area, they were safely housed. It was during the mornings that all test sessions were conducted, and this had to be before the animals were fed. It was done in the indoor holding area as well.While Andrea W. Clay conducted the testing on 6 different occasions from September to December 2006, all the testing was complied with protocols that received approval by the Zoo Atlanta as well as by Georgia Institute of Technology. This is the institute of Animal Care and Use Committee.ProceduresGrapefruit, orange, apple, sweet potato, and carrot were the 5 items of fresh produce tested and each of the subjects were familiar with each of these foods. A standard PC method was used when presenting the items and it ensured a balance for left and right location and the randomization of the pairs presented during each session. The arrangement made on each possi ble pairing had item (a) on the left while (b) was maintained on right, then (b) on left and (a) on the right and was presented once per session in that it resulted to 20 pairings per session. 1 inch is the rough estimate for the food piece cuttings. A lexan tray was used to present the food pieces, and it had two equally sized recessed dishes at one end.  The animals selected one of the two items by pointing when this end of the tray was help up to the mesh of the Orangutans enclosure. Each of the animals easily pointed to one of the two items. But there were occasions where they pointed at once, to each of the two items. As indicated, 6 sessions for each of the animals were conducted for each animal over the period of the six months. To determine if there were individual biases, a Chi-square test was used and the total left versus total right selections for each animal throughout all six sessions.If the animal’s selections were being determined by food preference, rather than s ide bias, then an approximate of 50% left and 50% right should have been the score. The preference of the group of subjects was analyzed using a Friedman’s two-way ANOVA and Kendall’s tau tests were used to analyze the preferences of the group of subjects. Therefore, Kendals tau tests were used to analyze the different orangutans and specifically for individual orangutans across test sessions.  A summary of the resultsOf the female orangutans, one actually showed a significant side bias in her responding as it indicated a significant Chi-square value; hence the researchers dropped her from the analysis.A score was obtained for each of the five food items, and each of the test session by using this formula; number of times selected/ number of times the item was presented. The 100D% score was for each of the particular items. The calculation was done for each of the individual, and hence there was a score for each food item as obtained in each test session for every individual ani mal.The computation of a mean score was done for each item and the rating across all six sessions for all the orangutans. An indication by A Friendman’s two-way test was that the Orangutans, in all, had a preference for some of the food items over others. Apple was the highest in the overall score, and what followed were the orange, sweet potato, grape fruit, and finally the carrot. The tabulation was tabled.Individual preferences were compared, and mean percentage score were obtained for each food item throughout all six sessions for each individual animal. A comparison of the scores was done too.Individual rating scores were graphed for the foods across six sessions and this was necessary to access the stability of each individual orangutan.  Some animals, though, had relatively stable score while others did not.ConclusionThe importance of these applications could not be emphasized more, according to the researchers. And when the goal of the entire study is to use items from th e animal’s daily diet for training and enrichment purposes, it is even more beneficial. The use of preference-assessment tests in conjunction with enrichment or training procedures to determine effects of using preferred items could provide a logical progression from the findings of the study and can use preferred items as rewards. This is opposed to the use of randomly selected items. It has shown that there is an increased efficiency in training behaviors in humans when this is used and should therefore be considered assessing as a method for increasing efficiency of training behaviors in non-human primates as well.

The Narrative Of Olaudah Equiano And Gustavus Vassa, The...

The Interesting Narrative of The Life of Olaudah Equiano, or Gustavus Vassa, the African. Written by Himself told the story of a man’s personal experience of being kidnapped from his home in present day Nigeria, being forced into slavery, and then eventually buying his own freedom all while discovering his true self along the way. Despite the story giving many people around the world an inside look at how brutal the slave trade really was, it caused great controversy. Vincent Carretta questioned the authenticity of Equiano’s identity as an African in his early life. The Narrative was framed to truly influence readers opinions, rather than just educate. Equiano used the identity he created for himself as a way to help readers relate. The controversy surrounding it does have an effect on the narrative as a historical document but not on the true purpose of the story behind it. In the beginning of the narrative, Equiano informs the reader about how early life in Africa, before being kidnapped at the age of twelve along with his sister, was. He discusses his native country’s manners and customs in a way very dear to him (Chapter 1). After being kidnapped and encountering the European man, he continued to question their culture and manners compared to his own. But as he became assimilated more, he becomes blinded by the desire to want to become more like the European man, while forgetting about this African culture. In chapter four of his narrative, he even admits that heShow MoreRelatedOlaudah Equianos the Interesting Narrative of the Life of Olaudah Equiano, or Gustavus Vassa, the African, Written by Himself1119 Words   |  5 PagesOlaudah Equiano s The Interesting Narrative of the Life of Olaudah Equiano, or Gustavus Vassa, the African, Written by Himself, is the story of the eponymous real-life character, Olaudah Equiano, his life, trials, tribul ations and journey from slavery at an early age to freedom. For Equiano, it seems that slavery is almost a metaphysical phenomenon. His entire life is essentially characterized by the different experiences relating slavery, from Africa to the Middle Passage to plantation life inRead MoreThe Interesting Narrative of the Life of Olaudah Equiano or Gustavus Vassa, the African938 Words   |  4 PagesBorn in 1745, Equiano was born a member of the Igbo tribe in a village called Essaka in the kingdom of Benin. He describes Essaka as a remote and fertile village where slavery is a part of life. Born into a family of seven, Equiano is the youngest of six sons and the greatest favourite of his mother. One day, when he and his sister were left to mind their house while their people were gone to their work, they were both kidnapped and enslaved, violating the unwritten rules that slaves should onlyRead MoreSummary : Free Slave Voice 1397 Words   |  6 Pagesfor we are many and evil is few. (OE) after reading the excerpt of â€Å"The Interesting Narrative of the Life of Olaudah Equiano, or Gustavus Vassa, the African,† it was then necessary to read the complete text. Upon completion of the reading, I found that it was somewhat troublesome because there is not a sense of urgency in the tone of his writing to help his fellow Negros out of their enslavement. 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The autobiography begins with narrator transporting the reader back to his early youth. Equiano provides a very detailed description of his village life in Eboe, Africa. However, Equiano life and freedom is quickly taken from him, as he is snatched and thrust into the chains of slavery. Along Equiano enslavement he experiences religion, theories of the enlightenment

Definition of Evidence Essay - 678 Words

Nuts-and-Bolts of Evidence Week #2. Jacob Atkinson CJAD405 3. What is the role of the prosecutor in handling evidence at trial? The role of the judge? The role of the jury? What is meant by the statement, â€Å"the burden of proof of guilt in a criminal case is on the prosecution throughout the trial†? Prosecutor- The prosecutor must determine what evidence needs to be introduced, but also how that evidence is produced and consider the appropriate time in which to display evidence throughout the trial. Judge- A general rule states that trial judges have the inherent power to admit or exclude evidence at trial. A judge is there to oversee the entire case and ensure that nothing gets out of control. Judges have the†¦show more content†¦In other words, the government has the responsibility of presenting evidence first that will allow the case to continue to be heard. Burden of Persuasion can be defined as the burden of persuading the factfinder of the truth of the evidence produced by one side or the other. This means that the attorney will be able to refer to evidence that is clear while he makes closing arguments to the jury. (Ingram, 47-48) 8. What is the difference between a presumption and an inference? A presumption can be defined as the conclusion or inference drawn from the proven existence of some basic fact or group of facts. An inference is defined as the rational conclusion of the existence of a different fact deduced from facts originally proved. (Ingram, 22-23) 9. What is a stipulation? Distinguish between a stipulation of testimony and a stipulation of fact. Stipulation can be defined as an agreement; a bargain, proviso, or condition; e.g. an agreement between opposing litigants that certain facts are true and are not in dispute Stipulation of testimony varies from stipulations of fact because one can withdraw their testimony with the court permission, this is not the case with stipulation of fact. (Ingram, 186-188) 10. Every person is presumed to be sane. Is this presumption rebuttable orShow MoreRelatedIs Globalization Good for Workers? Definitions and Evidence from Latin America1118 Words   |  5 PagesTherefore, even in the case of countries as Chile that have integrated successfully into the international economy, decent work does not come about automatically and in Latin America has generally yet to appear. Summing up the available evidence on changes in job quality in Latin America during the 1990s, average manufacturing wages have increased in real terms, but other dimensions of job quality have deteriorated. 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Health Care System of Taiwan and the United States Free Essays

Health Care Systems of Taiwan and the United States Health care is one of the most essential foundations for any citizenship in any country since whether it is effective or not, it definitely affects the standard of living and the life expectancy of a country. According to Johnson and Stoskopf (2009), â€Å"A health system as described by the World Health Organization (WHO) is the sum total of all the organizations, institutions, and resources whose primary purpose is to improve health,† (p. 3). We will write a custom essay sample on Health Care System of Taiwan and the United States or any similar topic only for you Order Now Therefore, to positively improve a nation, having an effective ealth care system is crucial. Being recognized as one of the powerful countries in the world, the United States has a great shape of health care programs; however, sometimes it is inaccessible to some of the citizens. On the contrary, as a small country, Taiwan is famous for its health care system although there are still defective parts existing in the current system. To compare the differences of health care systems in Taiwan and the United States, we can observe the three major aspects: ownership, cost, and quality. First of all, Taiwan and the United States have different types of ownership in the health care systems. Thus, Taiwan owns a single-payer system, which is run by the government, forcing everyone to Join it and pay. Because of this policy, the coverage of health care is close to 99 percent (Underwood, 2009). In this country, the government-run system covers prevention, primary care, hospitalization, Chinese massage, acupuncture, traditional herbal medicine, mental health care, dental, vision, and long-term care. Unlike Taiwan, the United States possesses several types of ublic and private funding systems: Medicare and Medicaid are the two main public funded plans for Americans. There is also abundance of private insurance companies for people to choose, but they usually have a long list of pre-existing conditions, which restricts many patients since they are unable to receive health care insurance. Although the United States contains public and private programs, nearly 15. 6 percent of Americans had no health insurance in 2003, (Samuel D. , 2010). Secondly, the cost of health care for Taiwanese and Americans is divergent. Thus, Taiwan spends approximately 6 percent of G. D. P. on health care while the United State spends about 16 percent of G. D. P. (Seth B. , 2009, p. 1). Moreover, in Taiwan, people merely have to pay small amount of money set by the Bureau of National Health Insurance (BNHI) for each medical service received, and the BNHI will cover the rest of the payment (Taiwan Health Care Reform Foundation, 2010). As a result, no one in Taiwan goes bankrupt due to the medical bill. Unlike Taiwanese, a lot of Americans undergo bankruptcy since they cannot afford their medical bills. Finally, the quality of health care in Taiwan is not the same as that in the United to turn to. Moreover, there is no waiting time for patients which highly enhances the effectiveness of health care. The competition between public and private hospitals improves the quality. Furthermore, every Taiwanese who is under the coverage has a Smart Card: an electronic health record, which is required for patient to bring along when seeing a doctor. The nurses would scan the card and all the medical record of that patient would appear clearly. It is a paperless system that improves treatment nd reduces redundant process of paperwork. Different from Taiwan, the insurance companies in the United States limit the patients in what doctors and hospitals they can go to, and it is necessary to set up an appointment in advance. In conclusion, it should be underscored that the ownership of health care systems plays an important role for a country because it might affect the entire system. The cost determines whether or not the citizens of the country are able to pay for the bills. The overall quality is a critical aspect of health care system since it ight either directly or indirectly influence a patient’s well-being. It is quite difficult for me to conclude which one of the health care systems is more effective due to the fact that Taiwan and the United States are distinctive in many ways, such as population and country size. Nevertheless, there are still several aspects that the United States can learn from Taiwan: for instance, studying other nations’ health care system. Before deciding on a health care system, the experts in Taiwan carried out research on several successful countries’ programs and eventually established its wn in 1995. How to cite Health Care System of Taiwan and the United States, Papers

Perhaps Love Story Review Essay Example

Perhaps Love Story Review Paper Essay on Perhaps Love Story Virgil is similar to the sad mime with a bleached face and funny sailor. He was used to this role so much that even one time enjoyed trips to the psychoanalyst and games in the suffering of the eccentric. But once a certain Clara told him that its over between them, she throws our hero. Clara? Throws it? .. Whos Clara? And this is where the story begins to unfold crank, which is gradually tired of his eccentricity. Even beloved Paris, which until then only belongs to the heart of thirty and still maturing man, this harmony of jazz, poetry and classical lines Paris ceases to please Virgil  «Arriving at seventeen to the station Montparnasse, Virgil decided. that love Paris because there was no one to love. Paris did not give up. Paris was there when he needed it. Paris is not required to Virgil went on holiday on the island paradise, the beach where the muddying of the cream and the sun. Paris did not care that he was a week did not wash the dishes, he is unshaven and badly dressed. Paris loved him.  » We will write a custom essay sample on Perhaps Love Story Review specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Perhaps Love Story Review specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Perhaps Love Story Review specifically for you FOR ONLY $16.38 $13.9/page Hire Writer There was (and disappeared instantly) Clara, and he did not even know her face. And, probably, it, unlike Paris, it was not all the same, what is this eccentric Virgil.  «Suddenly, his love of Paris began to fade Paris seemed to him absurd luxury item with a sonorous and easily pronounceable name .  » And the whole background story not so much in Paris. Favorite Virgil as something wonderful, a gift for Christmas Is a cake with candles birthday. Paris its just music history, fragments of decorations. Mezanstseny same build women an infinite number of character friends, in which he was either in love or not in love, believing such a turn of events inconsistent with his personal history On the first lines, it is clear that Virgil -. It is the author himself, wonderful observer, eccentric, prone to introspection amusing. And the main object of his observation he is a friend. So, apparently, the majority of quotations from the novel that wants to rewrite into notes concern is women. Maybe because this is the case because I myself belong to the female sex, and flatter me like bright Martin Pages remarks.  «She needed to feel the ground under their feet. To survive. And on the basis of an artificial primitive fantasies and myths she held much more confident than in the objective reality. World Geology Armel depended only on her alone.  » Yes, it is true. Our geology -. In our hands In general, Page, damn ironic, but in the framework of lyricism. Well, tell whether the normal character can go to the union, not wanting to settle for a promotion? Or to live according to this principle:  «noticeable human lurk two dangers: the risk to expose themselves under attack and forgetfulness. It is much safer to stay in the shadows of obscurity.  » It is safer, but it better? Seven days after the call Clara (and it has already become bored of her voice) Virgil seems to be asking the same question. But now it has remained his credo:  «Not only did not lose, we must also somehow managed to win. The task is not simple, because both poles are powerful attraction  ». There is something to think about!  « The work attracted him very thought process, and nothing else. He did not want to climb the corporate ladder. He did not see in this lesson, nothing silly or shameful, but no joy for himself could find no  ». Hmm. Definitely something wrong, Virgil! Definitely time to become a man, and not always playing in their own eccentricities provincial child indifferent Paris  «-. You just have not realized, Virgil, but you have to defend themselves against their violent fantasies . Armel was right: Virgil came up with the woman he loved He saw in them something that really was not. Armel was his close friend, as her deep and mysterious soul does not leave room for creativity. He just did not have to complement her image  » But Armel -. Just a friend, but he needs a lover (and responsibility too). So who is this Clara, whose image he can not be supplemented by one voice only?  «Tea cooled. He lacked Clara. He did not have the woman he ovsem not remember. Twenty-four hours, he believed that they had an affair, and honestly tried to remember how they loved each other. Then a week, he pretended to be suffering because of their breakup. And, oddly enough, realizing that neither the novel nor the rupture was not, he was even more attached to her. If playing a broken heart, he really tore it yourself  ». It remains to figure out how to find my stranger. Organize their chance meeting. Well, it is in his power. In the end for the relationship between people, and specifically, for love must take the axiom: all views are misleading, visibility is not really trust, and obey the rules can not be blindly » .

Critical Enquiry Reflection Sheet Social Work Essay Example

Critical Enquiry Reflection Sheet Social Work Essay Example Critical Enquiry Reflection Sheet Social Work Essay Critical Enquiry Reflection Sheet Social Work Essay The minute of larning that has grabbed my attending in this supervising session is that I need to research and place my pattern model when working bi-culturally with tangata whenua and cross-culturally. During my 6th supervising session my supervisor assessed me utilizing the 2nd direct pattern observation associating to my 2nd learning result to show competence when working with immature people cross-culturally . This appraisal led to treatments around my pattern cross-culturally as I have been closely working with immature people and their households who are of a different civilization from my ain. Besides in my pattern at the curative instruction Centre where I am placed two yearss a hebdomad I am the lone pakeha individual at that place. My supervisor stated in the appraisal that Working in the school scene as the lone female and pakeha individual, has enabled her to place the differences in civilization but besides helped her to work cross-culturally with other staff and clients. Family trial has besides helped her to place countries that need more preparation in . When my supervisor asked me to place how I work bi-culturally with tangata whenua and cross-culturally with clients I was unable to joint easy how I pattern in this scene. My response was that in the alternate instruction scene because I am the lone pakeha individual at that place, I work biculturally and cross-culturally: By esteeming the Maori civilization of the Centre Removing my places when I enter I have had to larn the words in order to take part in the forenoon waiata and karakia I eat my tiffin with the immature work forces and the other coachs each twenty-four hours as sharing nutrient together is portion of the Maori civilization Following on from this I have stated that during place visits with clients and their households I respect the different civilizations ; by taking my places and accepting nutrient and drinks from civilizations where the sharing of nutrient is of import. These responses were really obscure and did non give a clear reply as to how I pattern bi-culturally and cross-culturally. I am cognizant that I have been trained at university to pattern from a bi-cultural and multi-cultural position but I have found it difficult to joint how I do this. As my supervisor has noted I have identified through this supervising session that I need to critically reflect on my pattern cross-culturally and place the countries that I need more preparation in order to go a competent bi-cultural and cross-cultural practician. For the benefit of cross-cultural pattern and working with tangata whenua I as a societal worker demand to recognize that: As a professional assistant, one can experience uneasy when challenged by striking difference is the first measure towards self-reflection. This attitude has a better opportunity of taking to echt adjustment of the client than feigning to be politically right. The creative activity of collegial support constructions and the cultivation of a clime of trust and unfastened sharing within the service puting might promote this attitude, to be affectional in cross-cultural pattern ( Tsang A ; George, 1998, p.87 ) . Looking backward The premises and prejudices that are present in this minute of acquisition is my ain cultural consciousness ; In Tatum ( 2000 ) she discuses the construct of individuality and what it means for the person and how the functions of the dominant over the subsidiary can act upon a individuals position of themselves: This looking glass ego is non a level unidimensional contemplation, but multidimensional. How one s individuality is experienced will be mediated by dimensions of one ego: male or female ; immature or old, affluent or hapless, homosexual, sapphic, bisexual, transgender or heterosexual ; able-bodied or with disablements: Christian, Muslim, Jewish, Buddhist, Hindu, or atheistaˆÂ ¦ ( Tatum, 2000 ) . The function and the devaluation associated with it will differ in relation to the socio-cultural context that the subsidiary person/s and the dominant groups are portion of ( Wolfensberger, 1972, as cited in ( Wills, 2008b ) . Discourses are systemic ways of speaking, discoursing something of significance. They are the effect of a combination of societal, political even economic factors and frequently have voices of authorization . Discourses are frequently informed by beliefs, thoughts and apprehensions that are inexplicit ; taken for grantedaˆÂ ¦even ideologicalaˆÂ ¦Some signifiers of discourse are legitimated and validated but still one can non be confident, and presume that such discourses have become established as a consequence of well-rationalised, carefully researched, developed and strict argument/debate ( Wills, 2008a ) . Looking inward Looking outward Looking frontward I identify to the households that although I am from a different civilization to them I have been university trained to work cross-culturally and I am happy to come in into treatments around what this means for our societal work relation Question building 300 Literature300 In specifying competency one must besides see the significance of civilization. Basically, civilization is understood to associate to some shared elements which connect people in a common manner of sing and seeing the universe. These perceptual experiences of the universe usher daily life, act upon how determinations are made and by whom, and find what is perceived to be appropriate and inappropriate behaviors within any given context ( Connolly, Crichton-Hill A ; Ward, 2005 p.17, as cited in SWRB, 2007, p.5 ) To work with Maori clients the societal worker must aptly understand what Te Ao Maori means, the same goes with working with other cultural and cultural groups. Using Tsang and George s conceptual model of attitude cognition and skills the SWRB created its competency criterions of pattern. To understand what competent pattern for Maori and other cultural and cultural groups means for societal workers in New Zealand I will be critically discoursing in this essay ; what the ANZASW s criterions of pattern are that inform competency and what it means for societal work pattern in New Zealand, I will place and depict the constitutional elements of Te Ao Maori the Maori universe position, critically examine Tsang and Georges conceptual model and use their model to an facet of Te Ao Maori in a pattern scene. Members of the ANZASW are accountable to the association and expected to stay by their policies and processs, competent societal work pattern being one of them, the following 10 criterions for societal work pattern in Aotearoa New Zealand were set and ratified by the National Executive of NZASW ( now ANZASW ) in June 1990: The societal worker establishes an appropriate and purposeful working relationship with clients taking into history single differences and the cultural and societal context of the client s state of affairs. The societal worker Acts of the Apostless to procure the client s engagement in the whole procedure of the working relationship with them. The societal worker s pattern assists clients to derive control over her/his ain fortunes. The societal worker has knowledge about societal work methods, societal policy, societal services, resources and chances. In working with clients, the societal worker is cognizant of and uses her/his ain personal properties suitably. The societal worker merely works where systems of answerability are in topographic point in regard of his/her bureau, clients and the societal work profession. The societal worker invariably works to do the administration and systems, which are portion of the societal work attempt, antiphonal to the demands of those who use them. The societal worker acts to guarantee the client s entree to the Code of Ethics and objects of the New Zealand Association of Social Workers. The societal worker uses rank of the New Zealand Association of Social Workers to act upon and reenforce competent societal pattern. The societal worker uses rank of the New Zealand Association of Social Workers to act upon and reenforce competent pattern ( NZASW, 1993 ) . To exemplify how these criterions for pattern work in professional societal work pattern I will choose one criterion and demo how two facets of the standard apply. For standard four: the societal worker has knowledge about societal work methods, societal policy and societal services, this criterion can be shown in pattern with how Child, Youth and Family services work within a bicultural model and the Treaty of Waitangi: Child, Youth and Family acknowledges its responsibilities and duties to the tangata whenua as a Crown spouse to New Zealand s initiation papers, the Treaty of Waitangi. We are committed to guaranting that services we deliver and purchase are to the full antiphonal to the demands and aspirations of Maori, and that our actions are consistent with the Principles for Crown Action on the Treaty of Waitangi. Our committedness is reflected in a cardinal consequence country improved results for Maori, the confederations and partnerships we have built and go on to further with iwi and Maori societal services groups and communities, our human resource policies, and in our work programme ( particularly the development and execution of a scheme for bettering results for Maori kids, immature people and their households ) ( CYF, 2008 ) . In relation to the societal policy portion of this criterion the CYF s societal workers are cognizant of the statute laws of Aotearoa New Zealand and how other facets of the jurisprudence: Child, Youth and Family s statutory function is defined by the undermentioned statute law: The Children, Young Persons, and Their Families Act 1989 The Adoption Act 1955 The Adult Adoption Information Act 1985 The Adoption ( Inter-country ) Act 1997 ( CYF, 2008 ) . Child, Youth and Family services are an first-class illustration of how an bureau has set guidelines and policies around the criterions set out by the SWRB and ANZASW to implement competent pattern by their societal workers. In the following portion of this essay I will place and depict the constitutional elements of Te Ao Maori the Maori universe position. To understand the Maori universe position we must analyze what are the Maori behavior and behavior in societal relationships or korero tawhito are ; so what the Maori societal constructions of whanau, hapu, iwi mean and what the three categories of Maori society are, and what mana and tapu mean for Maori people who are the tangata whenua of Aotearoa. Korero tawhito are they ways in which Maori behave and behavior themselves in societal relationships: Korero tawhito reflected the idea constructs, doctrines, ideals, norms and underlying values of Maori societyaˆÂ ¦ The values represent ideals, which were non needfully accomplishable but something to draw a bead on to ( Ministry of Justice, 2001, p.1 ) . These underlying values of Maori society are the ways in which Maori people socially interact with each other. The following measure in understanding what the Maori universe position is, is to understand Maori societal constructions: The Maori societal construction was based on decent, senior status and the affinity groupings. Maori recognised four family groups: Whanau the basic unit of Maori society into which an person was born and socialised. Hapu the basic political init within Maori society, concerned with ordinary societal and economic personal businesss and doing basic daily determinations. Iwi the largest independent, politico-economic unit in Maori society. An iwi would be identified by its territorial boundaries, which were of great societal, cultural and economic importance ( Ministry of Justice, 2001, p.2 ) . The kin group a individual belongs to impact their universe position because it influences their topographic point within society. The cardinal constructs of mana and tapu are those which govern the model of Maori society: Mana was inherited at birth, and the more senior the descent of a individual, the greater the mana. Tapu constantly accompanied mana. The more esteemed the event, individual or object, the more it was surrounded by the protection of tapu. The complex impressions of mana and tapu reflect the ideals and values of societal control and duty. The analysis of mana enterprises to place the function of mana in relation to duty, leading and birthright. The scrutiny of tapu illustrated how tapu operated and affected the mundane lives of Maori ( Ministry of Justice, 2001, p.6 ) . In analyzing the elements of Te Ao Maori I have examine the different constructs of Maori behavior and behavior korero tawhito, the Maori societal constructions of family and category and what mana and tapu mean. Theory 300 Standard FOR CULTURALLY APPROPRIATE THEORY/MODEL OF SOCIAL WORK PRACTICE Identifies and is based upon beliefs and values of Pacific Islands civilization. Explains jobs and concerns in a mode that is relevant to Pacific Islands apprehension. Uses Pacific Islands assisting traditions and patterns. Incorporates a Pacific Islands understanding to alter the procedure. Can distinguish facets of the behavior which are associated with Pacific Islands cultural forms from those attendant in dominant palagi cultural readings. Avoids cultural pathological stereotyping. Encompass macro and micro degrees of accounts and intercessions. Incorporates the experiences of the community and persons in New Zealand Society. Can steer the choice of appropriate cognition and pattern accomplishments from other civilizations. ( Adapted from Meemeduma, P. ( 1994 ) . Cross cultural societal work: New theoretical accounts for new pattern, Advances in societal work public assistance instruction, Montash University. ) Ethical motives 300 Skills 300 The Social Work Registration Board of Aotearoa New Zealand released in 2007 a policy statement in respect to the competency of registered societal workers to rehearse societal work with Maori and different cultural and cultural groups in New Zealand. The release of this papers was to put the degrees of competence that are needed for societal workers to work efficaciously in a positive manner to authorise those who are disadvantaged by society.A As Mason Durie remarks, cultural competency about the geting of accomplishments to accomplish a better apprehension of members of other civilizations ( SWRB, 2007, p.5 ) . To be competent when working with other civilizations one must understand the differences and similarities between other civilizations and cognize what is culturally appropriate and inappropriate ; the societal worker needs to esteem the client s civilization and usage resorts available to them to efficaciously work with the client to accomplish the best possible result Bicultural codification of Ethical motives In the following portion of this essay I will critically analyze Tsang and George s ( 1998 ) Integrated Conceptual Framework for Cross-cultural Practice of attitude, cognition and accomplishments. I will make this by depicting the three elements and analyzing these elements by measuring their significance and importance in societal work pattern with mana whenua. To understand what the significance and importance of Tsang and George s conceptual model in relation to mana whenua we must foremost analyze what mana whenua are: Mana whenua ( noun ) : territorial rights, power from the land power associated with ownership and business of tribal land. The folk s history and fables are based in the lands they have occupied over coevalss and the land provides the nutriment for the people and to supply cordial reception for invitees ( Maori Dictionary, 2008 ) . Now we know what mana whenua means the following apart is to depict the three elements of the model: Attitude Commitment to justness and equity Valuing difference Other-directed: Openness to cultural difference Self directed: Critical self-reflection Knowledge Specific cultural content Systemic context of civilization Socialization and internalized civilization Dynamicss of cross-cultural communicating and apprehension Skills Management of ain emotional response Professional intercession within institutional contexts Communication, battle, and relationship accomplishments Specific alteration schemes ( Tsang and George, 1998, p.84 ) . The construct of attitude relates to the societal worker s ain behavior and their usage of ego as a tool when working with clients, the construct of cognition relates to the cognition theories behind cross-cultural pattern and cognition learnt from a practicians ain experiences. The construct of accomplishments relates to the practical facet of working with clients. To utilize the component of attitude when working with mana whenua, one needs to be cognizant of their ain restrictions, deficiency of cognition and apprehension of other civilizations: This consciousness has both autonomous and other-directed deductions. The other-directed look of this consciousness is an openness to cultural difference and a preparedness to larn organize a client. Such openness is based on recognition and positive respect for the cultural differences that exist between the client and the practician, regard for client civilizations, and preparedness to suit alternate universe positions or ways of life. The autonomous look of this consciousness is a preparedness to prosecute in self-reflection, including the scrutiny of possible cultural prejudices, premises, values, and one s emotional experience and comfort degree when challenged with difference ( Tsang and George, 1998, p.84 ) . For a societal worker to be cognizant of their ain restrictions and deficiency of cognition is the first measure in set uping a working relationship with mana whenua, their ain ability to admit the differences and similarities between their ain civilization and their client s civilization is a immense constituent of their attitude when working with their clients. Supervision is needed in this context for the societal worker to be able to discourse with others their ain contemplations and feelings associated when working cross-culturally, for personal and professional growing. Knowledge is the following component in which the cross-cultural pattern model discusses the four elements of cognition: We can place four countries of cross-cultural cognition. First is the cognition of specific cultural content as captured by the cultural literacy theoretical account. In understanding with Dyche and Zayas ( 1995 ) , it is likely non realistic to anticipate cros0cultural practicians to be knowing in a big figure of cultural systems. It may be more practical for practicians to concentrate on the other three sorts of cognition: the systemic context of civilization, socialization and internalized civilization, and the kineticss of cross-cultural communicating and apprehension. Consistent with an ecological position adopted by many societal workers, cross-cultural clinical pattern is understood within the broader systemic context of current structural inequalities, racial political relations, histories of colonisation, bondage, and other signifiers of racial subjugation ( Tsang and George, 1998, p.85 ) . For a worker to work efficaciously cross-culturally they must understand and hold cognition of other civilizations, historically, ethnically, their value and belief systems, their imposts and daily life. To hold a comprehensive apprehension of a client s entire life and life experience a practician must hold an grasp of the effects of their socio-political systems. In this context in New Zealand it would be effectual for societal workers working with mana whenua to hold cognition of the Treaty of Waitangi and what it means for Maori people and the political facets that go with it. The concluding component of Skills in Tsang and George s theoretical account related to the specific skills a societal worker demands when working biculturally with the mana whenua and cross-culturally: Social work accomplishments are specific classs of action taken by practician to accomplish positive alterations needed by their clients aˆÂ ¦ Appropriate attitude and cognition in cross-cultural pattern, hence, must be translated into specific professional behavior which addresses practician, client, institutional and contextual worlds. A assortment of accomplishments have been recommended by writers in cross-cultural pattern, covering professional behavior within institutional contexts ; communicating accomplishments, specific questioning accomplishments such as ethnographic interview, relationship-building accomplishments, and alteration schemes ( Tsang and George, 1998, p.85-86 ) . Practice accomplishments can non be effectual without the societal worker holding a sound apprehension of cognition and the appropriate attitude when working with mana whenua. Skills are the practical constituent on Tsang and George s theoretical account, and when working with mana whenua the practician must utilize the appropriate accomplishments from their cognition base for their work to be effectual. Their interactions with their clients are an of import portion of their function as a societal worker. Mana whenua need societal workers with the specializer cross-cultural accomplishments. In this portion of the essay I have examined Tsang and George s theoretical account of attitude, cognition and accomplishments by depicting the three elements and analyzing the elements by measuring their significance and importance in societal work pattern with mana whenua and other civilizations. Evidence 300

ACT Score to GPA Conversion Table

ACT Score to GPA Conversion Table SAT / ACT Prep Online Guides and Tips Are you interested in converting your GPA to ACT scores or vice versa? This can be useful if you're trying to estimate your ACT score based on your current grades. In this guide, we've pored over the statistics to give you the informationneededto convert between GPA and ACT scores! However, before we get started, let's briefly go over a few caveats. Converting GPA toACTScores? Beware of Caveats! Before you look at the table below, it's important to remember that a person's ACT scores and their GPA show completely different things. An ACT score is based on a single test taken in one sitting while a GPA is based on years of schoolwork in numerous classes. Because of this, the two numbers aren't perfectly comparable. Having a perfect GPA doesn't automatically mean you'll get a perfect 36 on the ACT, and having a low GPA doesn't mean you're doomed to perform poorly on the ACT either. Think of it this way: if a runner gets first place in the 100-meter dash, that doesn't automatically mean they'd get first place in a marathon as well! However, you can roughly estimate one data point from the other by comparing how "good" each of them is. This is similar to saying that the fastest sprinter in the 100-meter dash converts to the fastest runner in a marathon if you were comparing the two races. The data we used matches ACT scores to GPA based on how good each of them is, and, more specifically, the percentiles of students earning each. ConversionBetween ACT Scores and GPA ACT Composite Score GPA (4.0 Scale) 36 4.00 35 4.00 34 3.99 33 3.99 32 3.99 31 3.98 30 3.98 29 3.97 28 3.95 27 3.93 26 3.89 25 3.84 24 3.76 23 3.67 22 3.54 21 3.39 20 3.23 19 3.05 18 2.85 17 2.64 16 2.37 15 2.05 14 1.65 13 0.81 12 0.00 0.00 10 0.00 9 0.00 8 0.00 7 0.00 6 0.00 5 0.00 4 0.00 3 0.00 2 0.00 1 0.00 Methodology: How did we developthis conversion? First, we usedofficial data from the ACTto findprecisepercentiles down to the exact person. After that, we took the grade percentile data found in the above study to calculate class grade percentiles. Next, we presumed that, in order to get a particular GPA, a student with a median class grade of K (out of 100) could score uniformly six points either higher or lower. This allowed us to map percentiles to GPA and create the above table.Our methodologyfor mapping student class grades to GPA is proprietary. (C) 2016 PrepScholar Inc. Did you know that increasingyour ACTscore by 4points can significantlyboostyour chances of getting into your topschools?We've written a guide onthe top five strategies you shouldbe using in order to raiseyour ACT score. Download the guide for free now: What’s Next? Are you prepping for the SAT or going to be starting soon? Learnways to practice that can get you a perfect score on the exam! Is there a particular section of the SAT that's giving you trouble? Check out our section specific guides for SAT Math, Reading, and Writing and Language. Wondering what to expect on SAT test day? We've got all the information you'll need to be prepared!

Red Sorghum by Zhang Yimou Essay Example | Topics and Well Written Essays - 1250 words

Red Sorghum by Zhang Yimou - Essay Example 2. The cultural significance of femininity in China is highlighted in the article. The idea of the feminine becomes one that is in controversy because of the several clashing belief systems of the film. The Confucian ethics and Buddhist traditions first define the feminine of China in one specific way. This is combined with the class structure that is a part of the feminine, which is defined by the expectations of Chinese culture. The Chinese culture is defined first by the history and memory that defines the feminine into the yin and yang roles. The mythical elements are defined by this as well, which creates different feminine roles that are within the culture. After the traditional roles are defined, the movie moves into ideas of the feminine through the different belief systems in the culture. The movie specifically defines the idea of yin and yang as a part of the cosmic order, which is a part of the traditional roles and the feminine. The controversy is created with this by defining the clash of culture and how it changes between different memories, times and cultural meaning in China. The idea of the feminine, from a cultural context, is based on spiritual meanings that come from history and memory and which are passed down between different generations. In the movie, there is a conflict with the cultural significance of the feminine with the definitions of the feminine becoming controversial with the memories, history and social implications. 3. The idea of the Bakhtinian carnival is one that shows the basic needs of the community and culture. The carnival is represented as an idea of basic needs that humans have, including food, water and shelter. The carnival moves from this to a celebration of the basic human needs that are a part of life in China. The appearance of the carnival and the way that it relates to the culture is one that depicts the basic culture, expressions and acceptance that is a part of

Organisational Behaviour Essay Example | Topics and Well Written Essays - 4000 words

Organisational Behaviour - Essay Example The explanation as to why people behave the way they do can be different according to the perspectives of different people because they are not from a single factor of the environment but various issues in the wider organisation. Organisational behaviour is a field of study that explains the impact the different things that a person undertakes in an organisation and how they affect the relationships between them and others. This explains why individuals, groups and structures within an organisation have a great impact on the on employees and employers and the impact on the performance of the organisation. Organisational behaviour explains the effectiveness of the organisation as effects of the conduct of any individual in the organisation in doing various things that are in accordance to their mandate. This concept is used in determining the different things into which an organisation can engage so that it can improve its performance and increase its productivity and profitability. T he analysis of different relationships, the organisational culture and organisational structure of Coca Cola and comparing them with those of the PepsiCo gives an insight into the importance of these aspects of an organisation to its performance. Organisations adopt different theories that help them to establish their businesses in various areas and with prediction that it will have profitability in the future. Methodology In explaining organisational culture and structure, there are various theories that explain the kind of systems that could exist in and organisation because these determine relationships that exists between different members of the society. To help to understand the relationship that exists in a company, using the Leavitt’s model will be necessary because it explains how different systems in the organisation relate and enhance productivity in it (Brooks, 2003, p. 133). This relates the technological, structural and individuals and their roles in developing the strategies that are likely to enhance development of the people (see appendix 1). Weisbord Six-Box Model is one of the common models that will enhance the understanding of the different factors that exist in Coca Cola Company and they interact to influence performance. The model will be helpful to analyse the various incentives, rewards, and plans that a company has that helps individuals to perform well in it (Mullins, 2005, p.508). The other model that will be important in analysis of organisational behaviour by focusing on organisational structure and culture is the McKinsey 7S framework. Robert H. Waterman, Jr. and Tom Peters developed the model to help in monitoring internal changes in an organisation to explain performance potentials of an organisation. This model of analysis provides seven factors that mutually interrelate to influence the performance of individuals in the organisation and therefore, affect the outcomes of a company’s investment in a venture. The 7 S that correlate to produce a properly performing organisation with motivated employees include strategy, skills, structure, style, staff, systems and subordinate goals, which are also known as shared goals (See appendix 2). This model will help to understand the various interrelationships that happen to Coca Cola Company as an operational company within the market. Burke-Litwin model of organisation performance and change relates either the internal and external factors that affect positively or negatively the performance of

Sustainability Benefits of Urban Density

Sustainability Benefits of Urban Density Shreysha Shreysha (Student ID- 4561552) Project Charter The Vision for Melbourne 2026 Project title: Capture the sustainability benefits of urban density Project description Designing more energy efficient cities is a praiseworthy goal in order to obtain sustainable development. Melbourne is developing as a compact densely populated place to live, learn and work. It has one of the largest urban foot prints and a trend of increasing population in CBD due to job opportunities and facilities that holds number of benefits that can help create a sustainable city moving one step further towards better future. The idea of the project is to utilize the forces generated by urban population into the electrical energy that can be brought into use for different purposes. Purpose and justification The main purpose is to take a full benefit of daily activities of Melbournians and channeling these forces into production of electricity. Utilization of increasing urban density to reduce energy consumption will lead Melbourne towards sustainable future. Melbournes CBD is set to become the largest business center with increasing number of people traveling daily towards the city for jobs. There are many sustainable techniques that contributes in lowering the energy consumption. So, use of floor tiles that convert the kinetic force from a footstep to light up the city is one of them. Installation of such tiles in the main city core where attraction of crowd is more likely can be beneficial. Same ideas can be incorporated in the playgrounds and park where children play. West free gateway is the busiest urban freeway in Melbourne where around 200,000 vehicles passes each day. Installation of specially designed slabs with energy capture device under West gate bridge that converts the vehicle force into electricity to light up the road will reduce dependency on the electrical grids. Melbourne has a booming economy and population that loves being physically fit. The trend and need of leading a healthy life style influenced huge numbers of Melbournians to join fitness center. So, it is of no surprise that there are numbers of gymnasium in Melbourne. Even though the conversion of moving wheels of exercise bikes to energy couldnt be justified in the past due to its high costing. Mass production of such motors and increase in demand may result in the price reduction and may change the scenario in a coming decade. Objective Laying the ground work for creating Melbourne citys sustainable energy future Implementing daily activities to convert kinetic force into electricity To reduce the load of electricity on distribution companies To feed the grids with electrical system rather than depending on it Reduction of energy bill To encourage the mass production of energy capturing devices making it affordable for the consumers. Success Criteria Prioritizing sustainability goals towards area where you can make the most meaningful impact and generate the biggest results. .The accumulated electrical energy can be used to power the services within the same building, area or routed to a new location. Cost effectiveness of the energy capturing devices Switching to energy efficient lighting levels in accordance with your production schedule will reduce long term electrical costs. Highlighting project initiatives to the public will help to attract a whole base of customers, resulting in increase in sales. Innovation of new technology that holds benefits for the community Assumptions and Constraints Assumption: Installation costs are high but considering the long run benefit the project becomes feasible. Reduction on the price of devices will attract more eyes towards this technique resulting in the success of the project Similar techniques to be adopted for other activities in future. Constraints: If the installation cost for the motor/generator (energy capturing devices) that is used in the exercise bike doesnt descend, energy output from this technology will have to wait a decade to recover the money that has been invested. Initiation of the project is possible only if the sponsors agree to invest. Lack of support from the community High level Project description A sustainable solution has always been a topic of interest and has been given priority because of its positive and healthy results. Therefore, proper study and justification of the project is to be submitted in order to collect funds form the sponsors (Victorian Government, private organizations) High level risks Energy output from the motor(devices) will have to wait a decade to regain the money invested on this technology if the installation cost for motors/generators in the exercise bikes doesnt descends. Will have to face a huge loss if the people does not support the idea of this technique. Summary milestone A greener city that lights up with the energy created by its urban residents. Over a decade or so, we might dream of a city that feeds the grid rather than depending on it leading the city to better and brighter future. Deliverables The main deliverables of this project are the installation of motors and generator of electricity which gets charged by the human and vehicular force in the area with maximum occupancy of people and vehicles. The main target area for this project would be the main CBD of Melbourne, Playgrounds, West gate bridge and fitness centers in Melbourne. Summary budget Sustainability fund distribution by the Victorian government can be one of the option for collecting budget for the project. The government is investing funds in sustainability projects to improve resource efficiency in Victorian community. So, this would be the opportunity to introduce strategic initiatives to receive investment through funds distributed by the government. Stakeholder list Electricity distribution companies Government of Victoria Residents of Melbourne Fitness centers Department of transport and main roads (Victoria) West gate freeway West gate bridge Sponsors Approval requirements Approval from the Victorian government Approval from the sponsors To be further investigated PM authority on staffing, technical, decision, conflict, resolution, budget management To be investigated Sponsor Victorian government Private organizations To be further investigated

Nathaniel Bacon Essay

One historian has remarked that Bacon’s Rebellion was â€Å"a rebellion with abundant causes but without a cause.† Do you agree? What were the causes of Bacon’s Rebellion? Did Nathaniel Bacon have a cause? Did William Berkeley? In 1676, Nathaniel Bacon marched into Jamestown, Virginia alongside 600 men ready to fight, demanding a military commission. After threatening William Berkeley, the Governor of Virginia and Nathaniel’s own cousin, Bacon was given a military commission. â€Å"In the following months, Bacon’s men waged brutal war against the Indians, turned their guns on Berkeley’s government, forced it to flee Jamestown, and burned the colony’s capital to the ground† (Hollitz, 19). I do not agree with this historian because some of Bacon’s causes for rebellion were important enough to the people living in Virginia to want changes. Taxes began to rise on tobacco, salaries of the government officials began to increase, and no servants were selected to the council after 1640. In 1675 colonists ordered Governor Berkeley to return with an army after killings by the Indians alongside the Fall Line (The line marking the waterfalls of nearly parallel rivers). In March of 1676 the representatives announced war on â€Å"all such Indians who †¦ shall be discovered to have committed murders †¦ and depredation† (Hollitz, 23). Trading with Indians was also now illegal which placed even more economic stress on those traders that needed Indian products to survive. Nathaniel Bacon had a cause for the rebellion after one of his supervisors was killed in a Susquehanna attack. Berkeley’s main reason for being against Bacon’s Rebellion was because he worked out an arrangement in 1644 to avoid conflicts with the Native Americans. In exchange for a large piece of land, he agreed to keep settlers from pushing farther into their lands. After Bacon’s death on October 26, 1676 his rebellion began to decease and everything was eventually restored back to order.

The Doctrine of Equivalents - Free Essay Example

Sample details Pages: 8 Words: 2529 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? INTRODUCTION Before discussing the doctrine of equivalents it is necessary to understand its origin and the reasons which lead to the application of the doctrine in the patent law cases. The Doctrine of Equivalents is a doctrine which was judicially originated by the U.S courts. There are various reasons behind establishment of the doctrine by the courts. Don’t waste time! Our writers will create an original "The Doctrine of Equivalents" essay for you Create order Also the debate over the doctrine of equivalents has raging from more than 150 years, ever since the doctrine has come into existence.[1] When we talk about the doctrine of equivalents as it is interpreted by the Supreme Court of the United States, several issues rise into prominence. It is prudent to note that the patent laws of all countries specify certain minimum conditions, which needs to be fulfilled, prior to the grant of the patent[2] by the concerned authority. Talking about the position of the law in India, all such patent claims with regard to their infringement are governed by the Patents Act 1970. And therefore the concept which is important to be understood with the Doctrine of Equivalents is that of infringement. Simplifying it, whenever any violation of the patent holderà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights takes place then it is to be known as infringement. Infringement takes place in two ways; one is the literal infringement where the infringer copies exactly the same product or process of the patent holder and hence it leads to a direct and clear infringement. Second is the non-literal infringement where the infringer makes certain minor changes and manipulations in the particular product or process of the patent holder. The Doctrine of Equivalents is a kind of non-literal infringement. In this paper the author puts forth to consider the feasibility of the goal of universal harmonization as regards to the interpretation of the doctrine of equivalents and the scope for adopting the same in the Indian Legal System. The author adopts a comparative approach and discussed the position of the applicability of the doctrine in different countries. NATURE AND SCOPE OF THE DOCTRINE OF EQUIVALENTS AND ITS LIMITATIONS Whenever there is a case of patent infringement in front of the courts there are two main stages which the courts follow in order to investigate the infringement claim. The first stage is to check whether the particular product or process is lit erally infringing the patented product or process and the second is to check the infringement under the doctrine of equivalents. The second stage mainly takes place when the first stage fails. By saying this it means that during the judicial determination if there is no literal infringements found then the courts apply the second stage which talks about infringement under the doctrine of equivalents. Equivalence means that a claim element and its counterpart in a product do substantially the same thing in substantially the same way to achieve substantially the same result.[3] HISTORICAL BACKGROUND OF THE DOCTRINE The aforesaid doctrine was established by the judicial efforts to stop competitors from making insignificant changes and modification to the claimed invention, and adding nothing in order to avoid the literal infringement. The view point by the U.S Supreme Court where the court first applied the idea of equivalents over a century ago in Winnans v. Denmead[4] aim ing to secure the necessary protection to the inventors.[5] This was a perceived beginning of the doctrine. In Winans[6] the patent claim involved introduction of a new mode of operation for the railroad cars. The accused device employed the same mode of operation; however the geometrical form of the cars was different than that which was claimed by the patentee. The court held: à ¢Ã¢â€š ¬Ã…“because the exclusive right to the thing patented is not secured, if the public are at liberty to make sufficient copies of it, varying its forms or propositions,à ¢Ã¢â€š ¬Ã‚ ¦the patentee, having described his invention, and shown its principles, and claimed it in that form which most perfectly embodies it, is, in contemplation of law, deemed to claim every form which his invention may be copied, unless he manifests an intention to disclaim some of those forms.à ¢Ã¢â€š ¬Ã‚  Also in a Supreme Court case[7] the expression à ¢Ã¢â€š ¬Ã…“doctrine of equivalentsà ¢Ã¢â€š ¬Ã‚  was used was McCormick v. Talcott.[8] The issue concerning the doctrine arose out of a suit brought by the patentee against persons who had made an improvement in a machine known as the McCormickà ¢Ã¢â€š ¬Ã¢â€ž ¢s reaper of which the patented invention was also an improvement.[9] The patentee charged infringement of the claim for the divider, or that part of the reaping machine, which separates the grain to be cut from that which is to be left standing.[10] Justice Grier proposed dismissing the claim on the grounds that it is infringing improvement of the machine is lacking with the dividing-iron or its equivalent. à ¢Ã¢â€š ¬Ã…“[The patentee] could not challenge other improvements of the same machine, different in form or combination, as infringements, because they perform the same functions as well or better by calling them à ¢Ã¢â€š ¬Ã‹Å"equivalentsà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã‚ .[11] Subsequent to these cases, the issue relating to the doctrine of equivalents came up in several cas es, which led to the creation of several tests, which would help the Court find out whether an object is equivalent to the claimed invention.[12] APPLICATION OF THE DOCTRINE OF EQUIVALENTS As it is a judicially created concept (by the U.S courts) the judiciary has laid down certain tests to apply the doctrine of equivalents. The tests are; i) Function-way result test, ii) Substantiality of difference test. The Doctrine was further established by the U.S courts in the case related to patent infringement of Graver Tank and manufacturing Co. v. Linder Air Products[13] . In this case the Supreme Court adopted the à ¢Ã¢â€š ¬Ã…“function-way result testà ¢Ã¢â€š ¬Ã‚  in order to find out the infringement in relation to the doctrine of equivalents. The test considered that whether the element in the infringing device performs substantially the same function in substantially the same way to achieve substantially the same result similar to that of the element in the patented clai m. Nearly about 50 years after the Graver Tankà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, the U.S Supreme Court acknowledged the doctrine of equivalents again in Warner à ¢Ã¢â€š ¬Ã¢â‚¬Å"Jenkinson Co. v. Hilton Davis Chem Co.[14] criticized and commented on the limited application of the function-way result test in Graver tank. The court said that this method of function-way result test is although a valid method but not the only method (particularly for mechanical products and devices) for the purpose of determining the equivalence. The court in this case threw the light on the other method that is à ¢Ã¢â€š ¬Ã…“substantiality of differences testà ¢Ã¢â€š ¬Ã‚  as criteria to determine equivalence between the patented invention and the accused one. This test is a kind of objective test. The courts say that rather than relying on the unexplained subjective conclusions there should be objective evidence upon which the substantiality of the differences should rest. If a person skilled in art can d iscover the interchangeability of the accused and claimed product. The Interchangeability which is known is powerful evidence that a person skilled in art would have considered a change insubstantial. If the claimed and accused elements are recognized by those of skill in the art to be opposing ways of doing something, they are likely not insubstantially different.[15] By this the Supreme Court is keeping in mind the scope of patent rights of a patentee to protect its patent and how to create a balance between both. LIMITATIONS TO THE DOCTRINE OF EQUIVALENTS The federal courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision in the landmark case of Festo Corp. v. Shoketsu Kinzoku Kabushiki Co.[16] again threw a light on the law dealing with doctrine of equivalence. In this particular case there were two patents which were granted to Festo which were Stoll patent and Carroll patent, both were related to magnetically coupled rodless cylinders. While Festo was marketing its devices the SMC Pneumati cs Inc and the defendant company started marketing a similar device. There were several issues which arose and which were discussed at stretch and then finally the case came up before the Federal Court, which gave a concept and came to a conclusion that prosecution history estoppel[17] could arise at any time whenever any claim made by the plaintiff is narrowed at the time of prosecution in order to satisfy the requirements of the Statute. The Court also went on to discuss the interplay between the doctrine of equivalents and prosecution history estoppel by observing that when prosecution history estoppel is applicable, it will create a complete bar on the use of the doctrine of equivalents.[18] This approach of the Festo Court is known as the Complete Bar Approach. However, the Festo controversy kept on going and did not end at the Federal Circuit Court. This is because an appeal was filed against the order by Festo. The Supreme Court unanimously rejected the Complete Bar Approa ch as propounded by the Federal Circuit Court.[19] There were repeated clarifications made by the court that the principle does not restrain the inventors from assessing the from assessing the infringement against every equivalent to the narrowed element. Instead, the Supreme Court went on to establish a presumption by which the onus shifts to the patentee to show that the concerned amendment does not surrender the particular equivalent in question.[20] The Court thereafter gave three ways by which the presumption could be rebutted.[21] Therefore, we observe that the Court approached the issue in a flexible manner striving to maintain a balance between innovation and certainty.[22] Apart from the Festo decision, there were number of cases like Ranbaxy Pharmaceuticals Inc v. Apotex Inc.,[23] Sheet Metal Workers Local Health and Welfare Plan et al v. Glaxosmithkline Plc[24] it was held that the patent holders were not able to invoke the doctrine of equivalents when they had n arrowed down their claim during the prosecution of patent. [1] M.Scott Boone, à ¢Ã¢â€š ¬Ã…“Defining and Refining the Doctrine of Equivalents: Notice and Prior Art, Language and Fraud,à ¢Ã¢â€š ¬Ã‚  43 IDEA 645 (2003). [2] For further analysis of patentable subject matter, see Section 3 of the Indian Patents Act, 1970. [3] Nard Craig Allen, A theory of claim interpretation, Harvard Journal of Law and Technology, 14 (2000) 1-15. The doctrine of equivalents prevents subsequent inventors from stealing the patented invention by making insignificant changes that avoid infringing the literal language of the claims yet result in essentially the same invention. [4] 56 U.S. 330 (1854) [5] Elizabeth Verkey, Law of Patents, pp.420-21 (Eastern Book Company, 2nd Edition) [6] 56 U.S. 330 (1854) [7] However this does not rule out the usage of the expression prior to 1957 in lower courts. This is evidenced by the fact that in 1949, a reference was made to a doctrine, in a jury charge by Justice Nelson, riding circuit. This doctrine, distinguishing a defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s article of manufacture from a claimed invention, was referred to in the jury charge by Justice Nelson in Buck v. Hermance, 4 F.Cas.550 (C.C.N.D.N.Y. 1849, Case no. 2082). This case concerned a suit by the patentee Buck, against a manufacturer of stoves for an infringement of his patent, which claimed the combination of a fire-chamber with an extended oven and flues. Justice Nelson charged the jury to whether the patent was valid and whether there was any infringement. It is pertinent to point out the relevant parts of Justice Nelsonà ¢Ã¢â€š ¬Ã¢â€ž ¢s charge here. It read as follows: à ¢Ã¢â€š ¬Ã…“In order to be patentable, the charge must be substantial, as contradistinguished from formal. The new article must be different from the article on which it is claimed to be an improvement, not only in its mechanical contrivance and construction but also in its practical operation and effect in produci ng the useful result. This is not formalà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚  It is necessary to note that the emphasis on the Justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢s Nelsonà ¢Ã¢â€š ¬Ã¢â€ž ¢s identity is not unwarranted as the same Judge, subsequently was the author of the Supreme Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision in Hotchkiss v. Greenwood, 52 U.S. 248 (1850), wherein he required that a patentable invention evidence more skill and ingenuity than that required by an ordinary mechanic acquainted with the business. [8] 61 U.S. 402 (1857) [9] Note Justice Grierà ¢Ã¢â€š ¬Ã¢â€ž ¢s opinion for the Court in this regard. He states, à ¢Ã¢â€š ¬Ã…“the inventor of the first improvement cannot invoke the doctrine of equivalents to suppress all other improvements which are not colorable invasions of the first.à ¢Ã¢â€š ¬Ã‚  [10] The claim can be reproduced in the interest of clarity as follows: à ¢Ã¢â€š ¬Ã…“I claim the combination of the bow L and the dividing-iron M for separat ing the wheat in the way described.à ¢Ã¢â€š ¬Ã‚  [11] Supra Note 6. One of the foremost criticism against Justice Grierà ¢Ã¢â€š ¬Ã¢â€ž ¢s opinion, noted by the author in Alan Klein, à ¢Ã¢â€š ¬Ã…“The Doctrine of Equivalents: Where it is Now, What it is,à ¢Ã¢â€š ¬Ã‚  83 J. Pat. Trademark Off. Socà ¢Ã¢â€š ¬Ã¢â€ž ¢y 515 (2001), relates to the failure of the honourable Justice to define the terms à ¢Ã¢â€š ¬Ã…“doctrine of equivalentsà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“equivalentà ¢Ã¢â€š ¬Ã‚ . [12] See the decisions in Union Paper-Bag Machine Co. v. Murphy, (1877) 97 US 120; City of Elizabeth v. American Nicholson Pavement Co., (1877) 97 US 126. Also note the scholarly opinion of Garde Tanuja, à ¢Ã¢â€š ¬Ã…“Legal Certainty, Stare Decisis and the doctrine of equivalentsà ¢Ã¢â€š ¬Ã‚ , European Intellectual Property Review, 27(10) (2005) 365. [13] 339 US 605 (1950) [14] 520 US 17, 41 USPQ 2d 1865 (1997) [15] Brilliant Instruments, Inc., v. Gu ideTech, LLC, No. 2012-1018, slip op., at page10-11 [16] 234 F.3d. 558 (2002). For further discussion on the case refer to John Richards et al., Symposium, Panel I: à ¢Ã¢â€š ¬Ã…“The End of Equivalents? Examining the Fallout from Festoà ¢Ã¢â€š ¬Ã‚ , 13 Fordham Intell. Prop. Media Ent. L. J. 727, 763 n.135 (2003); Michael J. Meurer Craig Allen Nard, à ¢Ã¢â€š ¬Ã…“Invention, Refinement and Patent Claim Scope: A New Perspective on the Doctrine of Equivalentsà ¢Ã¢â€š ¬Ã‚ , 93 Geo. L.J. 1947 (2005) [17] This is the most common argument against the principle of doctrine of equivalents. This principle applies where a patent applicant narrow down the patent claim during the patent prosecution in order to avoid prior art or otherwise to address a specific concern that would have made the claim unpatentable. In essence, this principle bars the applicant from later on using the doctrine of equivalents to recapture what he had surrendered earlier. The noted cases relevant in this context are Shepard v. Carrigan, 116 U.S. 593 (Sup. Ct. 1885); Warner-Jenkinson Company, Inc. v. Hilton Davis Chemical Co., 520 U.S. 17 (Sup. Ct. 1997); Festo Corp v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd. 535 U.S. 722 (Sup. Ct., 2002). [18] ibid [19] 122 US 1831. [20] ibid [21] 122 US 1831,at p. 1842. The presumption could be rebutted by demonstrating that the equivalent may have been unforeseeable at the time of the application; or that the reason behind the amendment bears only an indirect relation to the equivalent in question; or some other reason. [22] Subsequent to this case, the Federal Circuit in many cases was asked to consider the scope of narrowing the claims. See Andrew Tuck, à ¢Ã¢â€š ¬Ã…“Honneywell International Inc. v. Hamilton Sundstrand Corp: A rose by an independent description does not smell as sweetà ¢Ã¢â€š ¬Ã‚ , Georgia Law Review, 39(4)(2005) 1521 at p. 1541. [23] 350 F.3d. 1235 (2003). [24] 2006 US Dist LEXIS 9687, Also See Dr. Unnià ¢Ã¢â€š ¬Ã¢â€ž ¢s work on the same; While discussing the use of the term à ¢Ã¢â€š ¬Ã‹Å"limitationà ¢Ã¢â€š ¬Ã¢â€ž ¢, the Federal Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s opinion in a couple of cases warrants mention. The Court stated that, à ¢Ã¢â€š ¬Ã…“It is preferable to use the term à ¢Ã¢â€š ¬Ã‹Å"limitationà ¢Ã¢â€š ¬Ã¢â€ž ¢ when referring to claim language and the term à ¢Ã¢â€š ¬Ã‹Å"elementà ¢Ã¢â€š ¬Ã¢â€ž ¢ when referring to the accused device.à ¢Ã¢â€š ¬Ã‚  Festo Corp. v. Shoketsu Kinzoko Kogyo Kabushki Co., 234 F.3d 558 at p. 564 (Fed. Cir. 2000) (In note 1, wherein the Court referred to the decision in Dawn Equip. Co. v. Kentucky Farms Inc., 140 F.3d 1009 (Fed. Cir. 1998).