European Law the Ordinary Legislative Procedure

n European Law the Ordinary legislative procedure is used when drafting hard law to ensure that the democratically elected representatives of the EU citizens have an equal say in appropriate areas of law making. There will be a brief analyse of the Ordinary legislative procedure and a discussion on it. European Law is very complex law , within EU law there is various different treaties which are in place. Two most significant treaties which have importance to the legislative process are The Treaty on European Union and the Treaty on the functioning of the European Union.The Treaty on European Union also known as the Maastricht Treaty was signed in Maastricht 7th of February 1992 and the Treaty on the functioning of the European Union also was known as the treaty of Rome until the Treaty of Lisbon came Enforce and changed it’s name , the original Treaty of Rome was signed in 25 March 1957. These two treaties have effect on the constitute of the Union , and in effect these two d ocuments had all ready created a Federal State which was recognised by the European Court of Justice this was before the Treaty of Lisbon as put in place.Within EU there are two types of Legislation Primary and Secondary. Primary legislation is the ground rules or basis which is set out in the treaties. Secondary Legislation includes regulations, directives and decisions these are derived from the principles and objectives set out in the treaties . The EU’s standard decision-making procedure is known as ‘co-decision'. This means that the directly elected European Parliament has to approve EU legislation together with the Council.The TEU established the co-decision procedure , this provided the European Parliament with new powers of amendment and right to reject legislation. This procedure was carried on through out all the treaties , however the Treaty of Lisbon renamed the co-decision procedure to the ordinary Legislative procedure. The ordinary Legislative procedure i s highlighted in article 294 of the TFEU. The ordinary Legislative Procedure must be applied wherever the legal base provides that an act shall be adopted â€Å" in accordance with the ordinary legislative procedure† (art 294 (1) TFEU. The procedure begins with the commission submitting a proposal to the European Parliament and the council. The commission also take into account since the treaty of Lisbon they must also propose this forward to the national parliaments this can be seen in protocol 1 and 2 of the TEU. The next stage is the first reading and normally the first reading is by the European parliament. First Reading The parliament decides whether or not to view the proposal which was made by the commission , the parliament then contacts the council and tells them its view of the proposal.Then there are two possibilities which can arise: If the council approves the Parliament’s position , the council , acting by qualified majority , shall adopt the act concerne d . The wording of the act will correspond to the position of the parliament ( art 294(4) TFEU);. If the Council does not approve the Parliament’s position , the Council , acting by a qualified majority ; shall adopt its position and communicate its position to the parliament and communicate its position to the parliament (art 294(5) TFEU. The Council shall inform the Parliament fully of the reasons why it adopted its own position at first reading (art 294(6 TFEU). This will obviously include reasons as to why the council has rejected the Parliament’s position. The commission shall also inform the Parliament fully of its position (art 294(6) TFEU). The first reading of legislation is very length and time consuming. When the council disapproves of the legislation instead of going straight to the commission who projected the future piece of legislation they report back to the Parliament then vice versa .This is making this process very complex as instead of doing two ste ps this could be easily completed in one ,the Council could just report back to the commission and this would make this process so much more effective This would also allow the hard law to be implemented quickly so they can take direct effect within the EU. Second Reading The Parliament has three months from their first initial contact with the council about the commissions proposal for legislation if they have not came to a decision whether or not to carry on with the proposed legislation or agree with the Councils view on it .Then the council will be deemed to adopt the act in accordance with its position Art 294(7)(a) TFEU. The Parliament can take different approaches within the three month timeframe. The Parliament can reject the Council’s perception if they do so then the act would be considered not to have been implemented. This is known as veto and prevents the bill becoming law. However in order for this procedure to take place there must be a majority vote of the com ponent members of parliament.Or they can vote an majority vote to propose the amendments of the future legislation which the council has proposed. In my opinion I think that it is beneficial that the parliament can chose to make the law veto as personally the parliament members are for the citizens of the European Union therefore as they have the power of veto then they can ensure fair and effective legislation is introduced into Europe and not just any old law which is only really benefiting members of the Council.Although in order to make the law veto there must be a majority which I personally don’t think its fair as alias are likely to stick together ie France, Germany etc normally side with each other these major European countries hold the most power in central Europe therefore this can have an major effect on the smaller countries like Malta. The smaller countries may be forced to implement law which they did not agree to , but due to the majority vote it will have to be implemented or the proposed piece of legislation which would benefit them significantly may be rejected.Once the parliament amends the piece of legislation it then has to be agreed by the European parliament members, the amendments are then sent to both the Council and the Commission. The Commission then looks over the draft piece of legislation and looks particularly at the amendments and they liaise with the parliament giving their opinion of the amendments which the parliament made. The Council has a different role in regards to the amendments.They Council does not give there opinion but merely can reject all amendments , accept all amendments , or accept some amendments and reject others. This stage is unnecessary personally because the commission has all ready give their opinion of the legislation as they came up with the idea to create the legislation and generally have a outline of what the legislation should consist of , although it does have its Also the Council has also gave their own opinion in the first reading.The Parliament has a huge work load because of this as they are continuingly asking for opinions and are constantly having to change the draft to suit the Council and Commission. This can have a huge effect to the hard law within Europe as countries can choose to opt out of specific pieces of legislation , as the Council , EP and the Commission would be continuously back and forth with opinions trying to make the law suit every member state.For example when the Treaty of Lisbon was first introduced Ireland refused to sign it and because of this it resulted in a second referendum being conducted in 2009. Also Czech Republic negotiated an opt-out from the Charter of Fundamental Rights of the European Union. Personally in my own opinion this is not fair allowing countries to opt out of certain pieces of legislation or treaties. This defeats the purpose of the EU being established. The European Union was created to ensure fairness , equality and satiability within Europe and try to unite Europe as one.Allowing countries to opt out is not creating a fair and equal Europe it is simply just allowing member states to do things their own way to suit themselves. Generally I believe that the majority of EU members do not take the time and consideration to review the law that is being presented to them and how this could actually benefit or effect the citizens that they are suppose to be representing at times I feel members of the EP , Commission and the Council only think about themselves and how it could effect them not the citizens.The Council must act within 3 months of receiving the amendments from the parliament. The council approves all the amendments of the Parliament acting;(i)by a qualified majority if the Commission has also accepted all the amendments; (ii) by unanimity if the commission has rejected all the amendments or (iii) by a mixture of the two if the Commission has accepted some (qualified majority) an rejec ted others (unanimity) in this case the act is deemed to have been adopted (art 294(8)(a) and 294 (9) TFEU)If the Council does not want to approve all the change in the act , then in this case the President of the Council and the President of the European Parliament must liaise with each other and come to an agreement and conduct a meeting of the Conciliation Committee within the six week time period. This is highlighted I ( art 294(8)(b) TFEU) Conciliation Committee The conciliation committee of an equal amount of members from the council and also an equal amount of members from the European parliament.There aim is to agree on the draft piece of legislation which was conducted , within the second reading and come to an agreement of how the legislation should be written. However there must be a majority vote of both the EP and Council members. The commission also takes part in the discussions and â€Å" shall take all necessary initiatives with a view to reconciling the positions o f the European Parliament and the Council† After the meeting with the Conciliation Committee there are two possibilities which could occur: The EP and Council can agree with the joint test and then the act Would be deemed to be adoptedHowever a third reading of the act may be required this is seen in Article 294 (13) & (14) TFEU. In this article it explains what the third reading consists of , according to the article it states â€Å" if , within that period , Conciliation Committee approves a joint text , the European Parliament , acting by majority of the votes cast , and the Council, acting by a qualified majority , shall each have a period of six weeks from that approval in which to adopt the act in question in accordance with the joint ext. If they fail to do so, the proposed act shall been deemed not to be adopted. Section 14 relates to the time frame the EP and Council has ; â€Å" The period of three months and six weeks referred to in this Article shall be extended by a maximum of one month and two weeks respectively at the initiative of European Parliament or the Council. This third reading yet again is simply another procedure which is not required although if both the EP and the Council cannot agree , where do you go from there? Personally I think there should be more stricter rules when creating legislation , especially when the council needs a majority vote , this is making the process a more lengthy procedure as the Council may be agreeing to adopt the law but because there is no a majority vote it has to go for a further reading. The ordinary legislation suggests in its integrity suggests a common procedure however this is not the case this , procedure is very complex and time consuming. Generally I feel this process contradicts it’s self completely.The European Parliament is demanding more powers from the Council but the Council is not willing to accept these demands. However it is made apparent in article 296 TFEU that the Parl iament can choose to make the law veto , but cannot demand for the amendments they have made to the draft to be accepted. Therefore the Parliament must either accept or reject the amendments , which completely defeats the purpose of common procedure . Once the EP makes the law veto the its back to square one again.To conclude personally I feel that the ordinary legislation procedure for European Law is very complex and contradicts its self in so many ways. Therefore I do not think it is a very effective way to create hard law as the parliament can choose to make the law veto however cannot reject all amendments , is this not just making the law negative ? The European Union was created to ensure equality and fairness within its members states I believe the EU is not fulfilling its objectives and it gives far to much power for the Council , the Council is elected members of state who were elected by majority , they are not really representing theEuropean citizens , personally I think the Parliament should have more powers as they are for the citizens. â€Å" Law of the European Union† John Fairhurst (Pearson ) 8th Ed â€Å" Law of the European Union† John Fairhurst (Pearson ) 8th Ed Art 294(7)(a) TFEU this article relates to the 2nd reading of the legislative process it states â€Å" approves the Council’s position at first reading or has not taken a decision , the act concerned shall be deemed to have been adopted in the wording which corresponds to the position of the Councils: Art 294(7)( c) TEFU. Law of the European Union† John Fairhurst (Pearson ) 8th Ed p136 art 294(8)(a) and 294 (9) TFEU. In this section of the article section (8) subsection A states â€Å" approves all amendments , the act in question shall be deemed to have been adopted. † this basically means that if the Council accepts the changes to the legislation within the second reading then it can become law and be implemented.Article 294 section 9 states that â€Å"the Council shall act unanimously on the amendments on which the commission has delivered a negative opinion† this section suggest that the Council can accept some amendments and reject others by this must be agreed by everyone. Law of the European Union† John Fairhurst (Pearson ) 8th Ed p136 Article 294 TFEU Section 8 subsection (b) – â€Å" does not approve all the amendments, the President of the Council, in the agreement with the President of the European Parliament, shall within six weeks convene a meeting of the Conciliation Committee†. Article 296(11)TFEU

Ground Rules in the Classroom

â€Å"No group can work successfully without rules that govern interactions and behaviour† (Minton 2005). Ground rules in a classroom depends largely on the type and the length of the course and the ages, ability and life experiences of the group being taught. Ground rules need to be set out at the beginning of a course to establish what is expected from the learners in terms of behaviour and mutual respect of fellow learners and the teacher. A good tool to use to implement these rules would be an â€Å"ice breaker† whereby the teacher would ask the learners to write down their own ideas of the perfect learning environment for them; for example, a brainstorming activity. The learners could then share their ideas with their peers and through a general consensus come up with a list of rules they wish to implement in their classroom. The teacher would make the rules manageable, tailoring the rules according to the needs of the learners and so giving the learners ownership of their own rules. The teacher would support, motivate, encourage and persuade the learners. Adult learners will usually feel resentful and alienated if a teacher takes a command and control approach in their style of teaching. Behaviour and respect are mutually interlinked. Good teacher/learner relationships and peer relationships are based on mutual respect. The learner respects the teacher for their teaching skills, personal qualities, knowledge and professionalism and the teacher respects the learner as an individual and their attempts to learn. All rules underpin behaviour and respect for others as respect and behaviour are mutually inclusive. Overt behaviour comes from respect.

Steinberg V the Chicago Medical School

Steinberg v The Chicago Medical School Appellate Court of Illinois, First District, Third Division. Mejda, P. J. , and McGloon, J DEMPSEY, Justice: In December 1973 the plaintiff, Robert Steinberg, applied for admission to the defendant, the Chicago Medical School, as a first-year student for the academic year 1974–75 and paid an application fee of $15.The Chicago Medical School is a private, not-for-profit educational institution, incorporated in the State of Illinois. His application for admission was rejected and Steinberg filed a class action against the school, claiming that it had failed to evaluate his application and those of other applicants according to the academic entrance criteria printed in the school's bulletin.Specifically, his complaint alleged that the school's decision to accept or reject a particular applicant for the first-year class was primarily based on such nonacademic considerations as the *806 prospective student's familial relationship to members of the school's faculty and to members of its board of trustees, and the ability of the applicant or his family to pledge or make payment of large sums of money to the school.The complaint further alleged that by using such unpublished criteria to evaluate applicants the school had breached the contract, which Steinberg contended was created when the school accepted his application fee. In his prayer for relief Steinberg sought an injunction against the school prohibiting the continuation of such admission practices, and an accounting of all application fees, donations, contributions and other sums of money collected by the school from its applicants during a ten-year period prior to the filing of his suit.He did not ask the court to direct the school to admit him, to review his application or to return his fee. The defendant filed a motion to dismiss, arguing that the complaint failed to state a cause of action because no contract came into existence during its transaction with Stein berg inasmuch as the school's informational publication did not constitute a valid offer. The trial court sustained the motion to dismiss and Steinberg appeals from this order. The 1974–75 bulletin of the school, which was distributed to prospective students, epresented that the following criteria would be used by the school in determining whether applicants would be accepted as first-year medical students: ‘Students are selected on the basis of scholarship, character, and motivation without regard to race, creed, or sex. The student's potential for the study and practice of medicine will be evaluated on the basis of academic achievement, Medical College Admission Test results, personal appraisals by a pre-professional advisory committee or individual instructors, and the personal interview, if requested by the Committee on Admissions. In his four-count complaint Steinberg alleged, in addition to his claim that the school breached its contract (Count I), that the school 's practice of using selection standards which were not disclosed in the school's informational brochure, constituted a violation of the Consumer Fraud and Deceptive Business Practices Act (Ill. Rev. Stat. , **589 1973, ch. 121 1/2, par. 261, et seq. ) and of the Uniform Deceptive Trade Practices Act (Ill. Rev. Stat. , 1973, ch. 121 1/2, par. 311, et seq. ) (Count II); fraud (Count III), and unjust enrichment (Count IV).Since we are in accord with the trial court's decision that the complaint did not state a cause of action under Counts II, III and IV, we shall limit our discussion to Count I. A contract is an agreement between competent parties, based upon a consideration sufficient in law, to do or not do a particular thing. It is a promise or a set of promises for the breach of which the law gives a *807 remedy, or the performance of which the law in some way recognizes as a duty. Rynearson v. Odin-Svenson Development Corp. (1969), 108 Ill. App. 2d 125, 246 N. E. 2d 823.A contrac t's essential requirements are: competent parties, valid subject matter, legal consideration, mutuality of obligation and mutuality of agreement. Generally, parties may contract in any situation where there is no legal prohibition, since the law acts by restraint and not by conferring rights. Berry v. De Bruyn (1898), 77 Ill. App. 359. However, it is basic contract law that in order for a contract to be binding the terms of the contract must be reasonably certain and definite. Kraftco Corp v. Koblus (1971), 1 Ill. App. 3d 635, 274 N. E. 2d 153. A contract, in order to be legally binding, must be based on consideration. Wickstrom v.Vern E. Alden Co. (1968), 99 Ill. App. 2d 254, 240 N. E. 2d 401. Consideration has been defined to consist of some right, interest, profit or benefit accruing to one party or some forbearance, disadvantage, detriment, loss or responsibility given, suffered or undertaken by the other. Riddle v. La Salle National Bank (1962), 34 Ill. App. 2d 116, 180 N. E. 2 d 719. Money its a valuable consideration and its transfer or payment or promises to pay it or the benefit from the right to its use, will support a contract. In forming a contract, it is required that both parties assent to the same thing in the same sense (La Salle National Bank v.International Limited (1970), 129 Ill. App. 2d 381, 263 N. E. 2d 506) and that their minds meet on the essential terms and conditions. Richton v. Farina (1973), 14 Ill. App. 3d 697, 303 N. E. 2d 218. Furthermore, the mutual consent essential to the formation of a contract, must be gathered from the language employed by the parties or manifested by their words or acts. The intention of the parties gives character to the transaction and if either party contracts in good faith he is entitled to the benefit of his contract no matter what may have been the secret purpose or intention of the other party.Kelly v. Williams (1911), 162 Ill. App. 571. Steinberg contends that the Chicago Medical School's informatio nal brochure constituted an invitation to make an offer; that his subsequent application and the submission of his $15 fee to the school amounted to an offer; that the school's voluntary reception of his fee constituted an acceptance and because of these events a contract was created between the school and himself.He contends that the school was duty bound under the terms of the contract to evaluate his application according to its stated standards and that the deviation from these standards not only breached the contract, but amounted to an arbitrary selection which constituted a violation of due process and equal protection.He concludes that such a breach did in fact take place each and every time during the past ten years that the school evaluated applicants according to their *808 relationship to the school's faculty members or members of its board of trustees, or in accordance with their ability to make or pledge large sums of money to the school. Finally, he asserts that he is a member and a proper representative of the class that has been damaged by the school's practice. The school counters that no contract came into being because informational brochures, such as its bulletin, do not constitute **590 offers, but are onstrued by the courts to be general proposals to consider, examine and negotiate. The school points out that this doctrine has been specifically applied in Illinois to university informational publications. People ex rel. Tinkoff v. Northwestern University (1947), 333 Ill. App. 224, 77 N. E. 2d 345. In Tinkoff, a rejected applicant sued to force Northwestern to admit him, claiming that the university had violated the contract that arose when he demonstrated that he had met the school's academic entrance requirements and had submitted his application and fee.His primary contention was that the school's brochure was an offer and that his completion of the acts, required by the bulletin for application, constituted his acceptance. In rejectin g this argument, the court stated: ‘Plaintiffs complain Tinkoff, Jr. was denied the right to contract as guaranteed by the Illinois and United States constitutions. We need only say that he had no right to contract with the University. His right to contract for and pursue an education is limited by the right which the University has under its charter.We see no merit to plaintiff's contention that the rules and regulations were an offer of contract and his compliance therewith and acceptance giving rise to a binding contract. The wording of the bulletin required further action by the University in admitting Tinkoff, Jr. before a contract between them would arise. ‘ The court based its holding on the fact that Northwestern, as a private educational institution, had reserved in its State charter the right to reject any application for any reason it deemed adequate.Although the facts of the Tinkoff case are similar to the present situation, we believe that the defendant's re liance upon it is misplaced. First, Steinberg is not claiming that his submission of the application and the $15 constituted an acceptance by him; he is merely maintaining that it was an offer, which required the subsequent acceptance of the school to create a contract. Also, it is obvious that his assertion that the bulletin of the school only amounted to an invitation to make an offer, is consistent with the prevailing law and the school's own position.More importantly, Steinberg is not requesting that the school be ordered to admit him as a student, pursuant to the contract, but only that the school be prohibited from misleading prospective students by stating *809 in its informational literature, evaluation standards that are not subsequently used in the selection of students. Furthermore, the school does not allege, nor did it demonstrate by way of its bulletin or its charter that it had reserved the right to reject any applicant for any reason. It only stated certain narrow st andards by which each and every applicant was to be evaluated.In relation to the preceding argument, the school also maintains that the $15 application fee did not amount to a legal consideration, but only constituted a pre-contracting expense. Consequently, the school argues that as a matter of law the $15 is not recoverable as damage even if a contract was eventually entered into and breached. Chicago Coliseum Club v. Dempsey (1932), 265 Ill. App. 542. In the Dempsey case, boxing promoters incurred expenses and entered into several contracts that were necessary for the staging of a heavyweight championship fight.However, most of the contracts were entered into prior to signing Dempsey (the then heavywright champion) for the event. For example, approximately a week prior to Dempsey's signing, the plaintiff entered into a contract with a fighter named Wills, who was to be the champion's opponent. Dempsey signed a contract but later breached it, and the fight promoters sued him for e xpenses incurred by them under the Wills contract and under other contracts **591 which had been entered into by them in anticipation of the champion signing a contract and fulfilling his obligation thereunder.The court stated: ‘The general rule is that in an action for a breach of contract a party can recover only on damages which naturally flow from and are the result of the act complained of. . . . The Wills contract was entered into prior to the contract with the defendant and was not made contingent upon the plaintiff's obtaining a similar agreement with the defendant Dempsey. Under the circumstances the plaintiff speculated as to the result of his efforts to procure the Dempsey contract. . . Any obligations assumed by the plaintiff prior to that time (of contracting with Mr. Dempsey) are not chargeable to the defendant. ‘ The defendant's reliance on the Dempsey case is also misplaced. Although it is a leading case for the proposition that expenses incurred during p reliminary negotiations to procure a contract are not recoverable as damages, it has no relevance to the allegations of Steinberg's complaint. The defendant misconceives and misstates his position when it asserts that the Tinkoff and Dempsey cases ‘are completely ispositive of plaintiff's argument that the informational brochure constituted an ‘offer' to evaluate applicants solely on the basis of criteria set forth therein, and the submission of an application with the $15. 00 fee the ‘consideration' *810 binding that offer and effecting a consummated contract. ‘ He does not claim that the brochure was an offer and his submission of a fee an acceptance of that offer. To repeat, what he does claim is that the brochure was an invitation to make an offer; that his response was an offer, and that the school's retention of his fee was an acceptance of that offer.We agree with Steinberg's position. We believe that he and the school entered into an enforceable contr act; that the school's obligation under the contract was stated in the school's bulletin in a definitive the school's stated criteria. application fee–a valuable consideration–the school bound itself to fulfill its promises. Steinberg accepted the school's promises in good faith and he was entitled to have his application judged according to the school's stated creiteria.The school argues that he should not be allowed to recover because his complaint did not state a causal connection between the rejection of his application and the school's alleged use of unpublished evaluation criteria. It points out that there is an equal probability that his application was rejected for failing to meet the stated standards, and since the cause of his damages is left to conjecture they may be attributed as easily to a condition for which there is no liability as to one for which there is. This argument focuses on the wrong point.Once again, Steinberg did not allege that he was damage d when the school rejected his application. He alleged that he was damaged when the school used evaluation criteria other than those published in the school's bulletin. This ultimate, well-pleaded allegation was admitted by the school's motion to dismiss. Logan v. Presbyterian-St. Luke's Hospital (1968), 92 Ill. App. 2d 68, 235 N. E. 2d 851. The primary purpose of pleadings is to inform the opposite party and the court of the nature of the action and the facts on which it is based.The Civil Practice Act of Illinois provides that pleadings shall be liberally construed to the end that controversies may be settled on their merits. Jorgensen v. Baker (1959), 21 Ill. App. 2d 196, 157 N. E. 2d 773; Ill. Rev. Stat. , 1973, ch. 110, par. 33(3). Therefore, a cause of action should not be dismissed unless it clearly appears that no set of facts can be proven under the pleadings which will entitle the plaintiff to recover. **592 Herman v. Prudence Mutual Casualty Co. (1968), 92 Ill. App. 2d 22 2, 235 N.E. 2d 346. Additionally, a complaint will not be dismissed for failure to state a cause of action if the facts essential to its claim appear by reasonable implication. Johnson v. Illini Mutual Insurance Co. (1958), 18 Ill. App. 2d 211, 151 N. E. 2d 634. A complaint is not required to make out a case which will entitle the plaintiff to all of the sought-after relief, but it need only raise a fair question as to the existence of the right. People ex rel. Clark v. McCurdie (1966), 75 Ill. App. 2d 217, 220 N. E. 2d 318.Count I of Steinberg's complaint stated a valid cause of action, and the portion of the trial court's order dismissing that count will be reversed and remanded. Alternatively, the school asserts that if Steinberg is entitled to recover, the recovery should be limited to $15 because he is not a proper representative of the class of applicants that was supposed to be damaged by the school's use of unpublished entrance standards. Fundamentally, it argues that it had no contract with Steinberg and since he does not have a cause of action, he cannot represent a class of people who may have similar claims.We have found, however, that he does have a cause of action. The primary test for the validity of a class action is whether the members of the class have a community of interest in the subject matter and the remedy. Smyth v. Kaspar American State Bank (1956), 9 Ill. 2d 27, 136 N. E. 2d 796. Even if the wrongs were suffered in unrelated transactions, a class action may stand as long as there are common factual and legal issues. Gaffney v. Shell Oil Co. (1974), 19 Ill. App. 3d 987, 312 N.E. 2d 753. The legal issue in this case would be the same as to each member of the class, and the factual issue–the amount payed by each member, an application fee of $15– identical. Steinberg alleged that in applying for admission to the school, each member of the class assumed that the school would use the selection factors set out in its 1974†“75 bulletin, and that admission fees were paid and contracts created, but that each contract we breached in the same manner as his.This allegation established a community of interest between him and the other members of the class in terms of subject matter and remedy, and since he has a valid cause of action against the school, the class has also. He is a proper representative of the class and his suit is a proper vehicle to resolve the common factual and legal issues involved even though the members of the class suffered damage in separate transactions. However, the class action cannot be as extensive as Steinberg's complaint requested.Recovery cannot be had by everyone who applied to the medical school during the ten years prior to the filing of his complaint. His action was predicated on standards described in the school's 1974–75 brochure; therefore, the class to be represented is restricted to those applicants who sought admission in reliance on the standards in that brochure. We agree with the school's contention that a State through its courts does not have the authority to interfere with the power of the trustees of a private medical school to make rules concerning the admission of students.The requirement in the case of public schools, applicable because they belong to the public, that admission regulations *812 must be reasonable is not pertinent in the case of a private school or university. 33 I. L. P. Schools, s 312. We also agree that using unpublished entrance requirements would not violate an applicant's right to due process and equal protection of law. The provisions of the due process clause of the Federal constitution are inhibitions upon the power of government and not upon the freedom of action of private individuals. 16 Am.Jur. 2d, **593 Constitutional Law, sec. 557. The equal protection clause of the 14th Amendment does not prohibit the individual invasion of individual rights. Gilmore v. City of Montgomery (1974), 417 U. S. 55 6, 94 S. Ct. 2416, 41 L. Ed. 2d 304. The order dismissing Counts II, III and IV is affirmed. The order dismissing Count I is reversed. The cause is remanded for further proceedings not inconsistent with the views expressed in this opinion. Affirmed in part; reversed in part and remanded with directions. MEJDA, P. J. , and McGLOON, J. , concur.

Privatization of East Germany Research Paper Example | Topics and Well Written Essays - 1500 words

Privatization of East Germany - Research Paper Example It was considered to be at the same economic level as a third world country (Farazmand 41). On the other side of the wall, the westerners enjoyed a lot of prosperity in their economy along with an economic boom. This was before the reunification of the two sides in the year 1991. The eastern part was under communism rule whereas the western part was under a democratic regime. The practices in the west led the east to lag behind in terms of their routines, achievements and demographics. It also led to their underproduction, lack of proper resource utilization, automation and prospects for growth in the future (John 32). After the reunification of the western and eastern states in the year 1991, the German state encountered a high level of unemployment along with an increase in taxes. The results of the communist policies on the East German population led to the fleeing of thousands of their people into the western part (John 54). This culminated in the building of the wall to stop the further entry of the easterners in the year 1961. The east German people lacked the ability to think autonomously and engage in the activities of risk-taking. These people also had fewer levels of sophistication as compared to their counterparts on the west of Germany. The immigration of the easterners to the west caused many problems in unemployment in their industries. However, the trend brought many advantages to the western manufacturing industries. This is because the labour costs decreased because of the increase in the available labourers (Philip 52). The manufacturing costs that the west incurred also reduced a nd this gave them an increased advantage in their competitiveness around the globe. By the time the communist regime fell in the eastern part of Germany, their authorities were experiencing several problems. The authorities in the east were unable to subsidize bankrupt manufacturing industries and their production had decreased.     

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Professionalism in health care - Essay Example Last month, I worked in a group made up of professionals of several interrelated fields, whereby we all worked on a common project. Despite the qualifications of group members, the project did not go well as planned due to shortcomings related to teamwork. For instance, group members usually digressed and spent project time to discuss their own matters and solve personal issues. This was primarily due to lack of a group leader. Had the members chosen a leader, then the latter would have had the responsibility of keeping the group in order, which could have been beneficial in timely completion of the task. On the other hand, group members succeed in completing part of the project due to some positive teamwork practices. For instance, the group members came up with new approaches to the problem through creative thinking and brainstorming, all of which contributed positively to the team and in turn completion of the

Complaint Letter Assignment Example | Topics and Well Written Essays - 750 words

Complaint Letter - Assignment Example After placing my order, I had to wait for more than 30 minutes to receive it. To make matters worse, the order was wrong and the person who served me was not professional enough to address my complaint. Instead, he answered me in a rude way as if I was a stranger in this particular restaurant that I have always treated with great esteem. I have also been forced to write a letter of complaint as a result of the bad treatment I received from one of the company’s staff members. I always believe that the customer is king in business but I was treated as a villain on this day in question. Companies that fail to treat their customers as valuable assets are likely to be negatively impacted by bad publicity they are likely to receive from other disgruntled customers. I therefore expect to get formal apology for this bad experience at McDonalds’ since I am a very loyal customer to the company. This will help me not to issue negative statements about the company that can tarnish its image. The other issue is that the company has not yet responded to my complaint and this has also contribute towards doubting the authenticity of the company in offering reliable and quality services. I probably feel that I have not yet received a response from the organization as a result of the fact that they are investigating the case so as to get to the root cause of the problem. Such kinds of issues need careful attention since they can tarnish the image of the organization if not properly handled. Therefore, the manager dealing with the case ought to take necessary measures that are meant to ensure that this issue has been solved in an amicable way in order to avoid a scenario where the image of the organization will be tarnished as a result of such simple issues. From this experience, I have discovered that some employees can just be rude and they can tarnish the image of the company.

The Asylum and Immigration Act 2004 Essay Example | Topics and Well Written Essays - 1250 words

The Asylum and Immigration Act 2004 - Essay Example This discussion briefly overviews the main aspects of this Act and expresses concerns regarding its effects from non-governmental agencies. The Act contains provisions that merge the present immigration appeals structure into a streamlined appeals process with little chance for further appeals by an immigrant. It also addresses undocumented immigrants and disallows financial support from family members outside the UK after appellant is cleared to depart the UK. Further provisions include human trafficking, a continuation of the 'safe third country' measure and lists behaviours, spelled out for the first time in the Act, which could destroy an immigrant applicant's credibility. The Act also includes provisions introducing procedures to reinstate payments of benefits of an immigrant's back-dated integration loan and introduces modifications to homelessness regulations in order that a refugee must attain an association with local authorities. In addition, the Act establishes further legal consequences for those persons who come to the UK lacking proper documentation. As of its enactment, the Act makes it a crime for a pers on not to have a valid document identifying their nationality and identity to the immigration authorities upon arrival in the UK. "A person shall be presumed not to have a valid document if s/he fails to produce it at the request of an immigration officer" ("Explanatory Notes", 2004). Critics charge that, in particular, this Act does not express a national desire to preserve the human rights of immigrants, especially in the case of women for whom there is inadequate protection both internationally and nationally from the realities of gender discrimination. The Refugee Council is of the opinion that this Act punishes refugees for being just that, refugees, which by definition probably have insufficient travel or citizenship documentation from the country they are escaping. According to the United Nations High Commissioner for Refugees, "in most cases a person fleeing from persecution will have arrived with the barest necessities and very frequently without personal documents" (Refugee Council, 2004). Refugees escaping from state instituted acts of persecution can hardly obtain travel documentation of any type such as a passport from the governmental entity that is itself responsible for the persecutory actions from which the refugees are escaping. The immigrant/ref ugee may explain and defend their right to asylum but they must still prove their legal right to be in the country. If they cannot provide proper proof in the form of documentation, they will be subject to criminal court procedures and subsequent penalties. The major concern regarding this no-win situation for refugees is the plight of women in particular. Women are less likely than men to possess even the initial ability to obtain travel documentation or personal identifying papers on their own. Many countries do not allow women this privilege without the consent of a male family member. This Act, in short, penalises female refugees more so than men, a group already more severely persecuted on a worldwide scale than are men. A provision (Section Four) of the Act, makes human trafficking of persons either into or out of the UK for the purposes of a exploitation criminal

Contemporary And International Marketing Essay Example | Topics and Well Written Essays - 2750 words

Contemporary And International Marketing - Essay Example of globalization has forced countries and the businesses to broaden their strategies and implement these strategies in other markets to expand the size of their business and economies. Moreover, televisions, cameras, telecommunication services and products and electronic gadgets are in great demand by consumers and businesses, who are involved in producing these products and services, see this increasing demand as a great opportunity to produce even greater revenues. The expansion of business can be in the form of foreign direct investments, Greenfield ventures, licensing and franchising or by opening up a subsidiary in cross border regions. Businesses can be involved in international markets for the sake of achieving benefits and significance of production based on the increased supply and demand in foreign markets (Lukac). In Sony’s case, the Japanese conglomerate decided to expand into international markets for the sake of delivering benefits of its products and services to the customers all around the base and in return, maximizing its annual revenues and shareholders’ wealth (Sony Corporation). Sony has divided its business into five geographic regions. These are Japan region, United States region, European region, Asia-Pacific region and Other Areas which include different markets in Africa, North and South America and Oceania. Sony makes its major profits in United States, Japan and European regions, thanks to the bulk selling of its communication gadgets and television in these regions. Sony’s annual revenues in 2011 were amounted to around 7,181,273 Japanese Yen which are -0.0045% lower than the revenues reported in 2010 (Sony Corporation). Sony considers four emerging markets as its future prospects for setting up factories and operational facilities... This report stresses that Sony offers a variety of standardized products through the geographic regions in which it is doing business. These products can be classified as electronic devices, games and entertainment solutions. These categories includes a range of televisions and projectors, home theatres, cameras, laptops, games, portable entertainment solutions, cellular phones, batteries and chargers, peripheral devices and etc. Reason for producing and delivering standardized products to the target customers at dispersed locations is the high cost of producing and delivering differentiated products. Moreover, consumers’ preferences for electronic goods and gadgets are same all around the world which allows Sony to sell its trademark and standard products throughout. This paper makes a conclusion that the review of Sony Corporation’s business reveals that the company has established itself as the manufacturer of quality electronic goods and gadgets. The consistency in quality delivered to the customers and after sales service makes Sony the world’s largest manufacturer of electronic goods and a reliable name in the field, which helps the company to maintain the current market share and attract new customers. Moreover, the massive size of its business, which is dispersed in 5 regions of the world, helps Sony to outclass its competitors, which is supplemented by the strategies adopted by the company regarding its marketing mix.

Walmart Article Example | Topics and Well Written Essays - 750 words

Walmart - Article Example Wal-Mart purchases directly from the manufacturer. This coupled with the effective use of technology and warehousing strategies, Wal-Mart is able to provide its customers with quality products at competitive prices. Such decisions made by companies, which help them gain a competitive edge against their rivals in the market are termed strategic decisions. These decisions involve some degree of innovation and thus, help companies gain advantages which are sustainable (Hayden et al, 4). One of the key components of Wal-Mart’s business model is its human resource. The company has a frugal culture yet the working environment is pleasant. The employees are called associates as opposed to employees. An associates’ well being is of high priority for the management. There is no concept of work-union, as the company takes care of associates’ needs and demands. The promotion criterion for managers is dependent upon the profits made by their particular outlet; thus, it leads to maximum work efficiency. In order to inculcate spirit of competitiveness, the stores are not only encouraged to compete with other retail franchises, but also amongst themselves. The organization is well equipped with the latest technological innovations, which are like real time market research, satellite system and store performance tracking. In addition to this Wal-Mart is very particular about its logistic partnerships with various vendors from around the world. Low cost logistics are the reason why Wal-Mart has its present competitive edge. Thus, the company pays special attention to its procurement process (Canak, 5). Over the years Wal-Mart has thrived by using a number of various different factors to its advantage. This includes a business model which till date is a mystery to those outside the organization. The company is also very good at hiding its deficiencies and covering its faults. Thus, it provides an example of organisational model to the competitors seems which virtually seems flawless and is overall very efficient and effective. Such effective strategies by the company, has made it one of largest retailers of America. Wal-Mart follows three fundamental and generic strategies - Focus Strategy, Differentiation Strategy and Cost Leadership. Wal-Mart started its operations by opening large stores in small shops (Canak, 5). At that time, all the other companies focused their efforts and resources on large metropolitan cities. However, Wal-Mart saw a gap and thus, capitalized on it by opening stores in small towns, not only did the company had a monopoly, but also had to pay low rental costs and goods were available at cheap local prices. Wal-Mart aims to not only provide products at low prices, but also provide unique and differentiated products to its consumers. The store’s USP is high quality products at lowest possible prices. This is one strategy that Wal-Mart has followed since the very beginning and plans to follow for its future strategic plans as well. It order to reduce its product cost, the company streamline its procurement process by getting products manufactured from different parts of the world. This reduces the production costs and thus, the eventual end price of a product (Hayden et al 12). High inflation has plagued the world over the past few years. Even though countries have found their way out of the recession, high economic inflation is still a problem. Wal-Mart plans to provide goods at affordable

Summary Essay Example | Topics and Well Written Essays - 1000 words - 5

Summary - Essay Example Even in the early twenty first century there was only a minimal use of the internet and that was usually through advertisements and manipulation of simple search processes. These methods had the advantage of being familiar to everyone, and they could easily be monitored to produce hard facts and figures which allowed companies to measure the effectiveness of their marketing and their ratings with the public. It is widely reported that all of this has changed now that social media have taken over the world. The authors observe that traditional media like television are still popular, but they are being affected by the time that consumers spend on more interactive media such as twitter. The size of the shift towards social media is very large, but even more striking is the speed with which this change has happened. Even within the last two or three years there have been massive changes in the percentage share of traditional and social media when it comes to attracting consumer attentio n. Paradoxically the authors see in these modern trends a return to one of the basic truths about marketing, namely that word of mouth sells products more effectively than big budget advertising. Social media open up a new channel in which old fashioned word of mouth can flourish once more. This is an exciting reality for many companies and it is clear that Name: ID engaging in dialogue with customers online is going to be an essential ingredient in marketing in the future. There are a few words of warning from the two authors, however. The first caveat to mention is the fact that social media cannot achieve all of the same things that traditional marketing campaigns used to do. For a start it is difficult to predict how a conversation with the public will go, because of the interactive nature of the communication. A company can control very tightly all of the images and texts which are published with the company logo in magazines or on television. This is not so in social media, be cause the consumers may react well or badly to a product, and they can turn the tables on a marketing professional by engaging in campaigns of their own. This can work in the company’s favor if the message is positive, but it can cause untold reputational damage if the consumers criticise or ridicule the product. The problem with social media is one of control: a company cannot exercise very much control about what is said about their products. Another point to remember is that social media has not replaced more traditional avenues for marketing. It is an additional channel, and it lends itself to particular segments of the market. The speed of its implementation can also offer companies an opportunity to step in and influence the way that a press story or marketing campaign is going. Some people have argued that it social media are free to use, and that this means a word of mouth campaign can be a cost effective option. In reality, however there are quite significant hidden costs in the operation of marketing activities online, such as the need to have sustained and knowledgeable staff input around the clock. Word of mouth can have an immediate and significant effect on sales. This sounds attractive, but it must be remembered that the sales can go down or up, depending on the kind of messages that are being sent Name: ID across the internet. The authors point out also that there are some

Infinite Truth Essay Example for Free

Infinite Truth Essay Since the dawn of philosophical thought there has been a desire to find truth. Now exactly what truth is depends upon whom you ask. Philosophers have been searching for truth in various forms for at least as far back as Aristotle in the first century B. C. all the way up to Carl Hempel in the 20th century A. D. To Aristotle and Plato truth was reality; To Descartes truth was found in God; To Hempel truth was found in explanation. None of these are accurate and yet all of them point toward the same truth. Reality, as defined by Plato and Aristotle, God, as proved be Descartes and ideal explanation as modeled by Hempel, all allude to the same thing. They point out that mankind is a finite being and that truth is only attainable in infinite understanding, an impossibility of man at our current stage of development. Two of the earliest known men to approach the study of reality, or metaphysics were Plato and his student/rival Aristotle. These two inquisitors of reality looked at it from opposite schools of thought. Plato sought after answers by looking at the world with an outside/in point of view. Meaning he used what he perceived in the world to draw conclusions. Aristotle on the other hand approached the world from an inside/out perspective. He applied his thoughts and beliefs to the world. Aristotles beliefs lead to him seeing only one level of reality. He felt there was only one imminent world and that forms existed within particular things. Aristotle held that form had no solitary existence and existed in matter. In order to explain that form is an inherent trait of matter he quotes Antiphon and points out that if you planted a bed and the rotting wood acquired the power of sending up a shoot, it would not be a bed that came up, but wood. (Matthews, pg. 9) To Aristotle the form of the matter was wood and form is the unchanging reality. Platos view of metaphysics shows two realms to our reality: there is the realm of changing, sense-perceptible, becoming things and a realm of forms; eternal, fixed, and perfect. The realm of form was the source of all reality and of all true knowledge. Both Plato and Aristotle use form to describe reality, which to them is truth, as being eternal in nature. So truth is eternal, or infinite in nature, but what of Platos other realm, the realm of perception. Plato, in the republic, gives an in depth explanation of how he views this sense-perceptible realm. He uses his allegory of the cave. In the allegory, Plato compares people, unlearned in his theory of forms, to prisoners chained in a cave. They are unable to turn their heads. All they can see is the wall of the cave and behind them burns a fire. Between the fire and the prisoners there is a parapet, along which puppeteers can walk. The puppeteers, who are behind the prisoners, hold up puppets that cast shadows on the wall of the cave. The prisoners are unable to see these puppets, the real objects that pass behind them. What the prisoners see and hear are shadows and echoes cast by objects that they do not see. Such prisoners would mistake appearance for reality. They would think the things they see on the wall were real. They would know nothing of the real causes of the shadows. So if the prisoners were to talk to one another about a passing object and called it a doll they would think they are talking about a doll, but they are really talking about a shadow. (Plato, Book VII) Plato portrays in his allegory of the cave a dualistic view of truth. He speaks of the eternal properties of form as Aristotle does, but he also adds his insight into mankinds finitude and inability to perceive the realm of forms completely. The fact that people take as truth what they perceive will plague philosophers into the modern era. Much later, in the 17th century A. D., in his Third Meditation Descartes proves the existence of God. He builds his entire argument upon his proof in the previous meditation that in order for him to think, he must exist. From this single observation, Descartes notices that the idea of his existence is very clear and distinct in his mind; based upon this clarity and the fact that he has just determined his own existence, he deduces a rule. All the things that he sees as very clear and very distinct are all true. He then explains that he knows that he is imperfect due to the fact that he has doubts. Clearly, knowing is more perfect than doubting. From this notion, he realizes that within him lies this idea of a perfect being and that he is incapable of producing this idea alone. Descartes also determines several qualities that God possesses merely by observing himself. Descartes thought that whatever ideas he himself had, if they contained perfections, then God would possess them. If the ideas were in any way imperfect, then God would not possess them. The attributes of God that Descartes came up with are that He is infinite, independent, supremely intelligent, supremely powerful, and which created myself and everything else (Descartes, Pg.45). Descartes then makes the point that he has the idea of infinite describing God. At the same time, Descartes is a finite being. Since it has already been established that this more perfect idea of infiniteness cannot come from the less perfect idea of finiteness, the idea could not have originated from Descartes alone. Therefore, Descartes concludes that God necessarily exists and in so doing is infinite. In his Principles on Philosophy Descartes describes how God is the primary cause of motion; and that he always maintains an equal quantity of it in the universe. (Matthews, pg. 99) To Descartes God is the infinite cause and balance in the universe. Descartes states in the beginning of his proof that all things clear and distinct are true. That is no more accurate than saying that all ideas that are ambiguous to someone are unconditionally untrue. He also states, the existence of God depends on the clarity and distinctness with which we perceive the idea of God. Therefore, if to me, it was not clear and distinct then it would not necessarily be true. But the clarity and distinctness of our thoughts depends on the existence of God. This seems to be a very circular argument and is dependent on the existence of God to prove the existence of God. Again human perception falls short of truth. Do people understand truth more in more modern settings? Over the course of the 20th century Carl Hempel came up with two models of human explanation that he organized as ideals. Bas Van Fraassen puts forth a few problems with the models. The problems he states are; asymmetry, relevance, low probability, and legality. These are not the problems with the models. The real problems come from, as Hempel puts it, the universal laws invoked?can have only been established on the basis of a finite body of evidence, which surely affords no exhaustive verification. (Balashov, pg. 51) He also says that because of this all the laws used in the deductive-nomological method of explanation are all only probabilistic. This means that the only method that Hempel actually explains is his probabilistic method. Since all laws have been shown to be probabilistic the problem falls back to the fact that they been established on the basis of a finite body of evidence and therefore causes an epistemological problem. We cant define to what degree our laws are true. We cant know the probability of these laws on an infinite scale. Hempels models should be taken as models for ideal situations, for if we had the knowledge of infinity then the laws needed would be defined and all of the infinite variables could be accounted for. So true explanation can only be attained with infinite understanding. The search for truth is as old as man himself. The world in which we live seems as true to us as anything. We see, feel, smell and touch what is around us and yet we cannot accept that that is all there is. Man instinctively has a need to organize, order and explain the universe. We have concepts like reality, God and perfection, all of which we cannot completely grasp. We are not perfect and we are not sure what it means to be real, for we know only what we can sense and yet we know our senses can fool us or be wrong. If our senses and thoughts are the only way for us to interpret the universe and they can be fooled then we cannot know what is real. We cannot fully explain anything. And yet we have a need, a desire for a force that is infinite and true. We name that force God. For in God is explanation and truth and the infinite understanding that we lack. God is what we use to explain Platos form and we are the shackled prisoners in a cave of illusion. Work Cited Balashov, Yuri and Rosenberg, Alex. Philosophy of Science: Contemporary Readings. Routledge: Taylor and Francis Group. NY  ©2002 Descartes. God and Human Nature: Third Meditation Matthews, Michael. The Scientific Background to Modern Philosophy. Hackett Publishing Co. Indianapolis  ©1989 only probabilistic. This means that the only method that Hempel actually explains is his probabilistic method. Since all laws have been shown to be probabilistic the problem falls back to the fact that they been established on the basis of a finite body of evidence and therefore causes an epistemological problem. We cant define to what degree our laws are true. We cant know the probability of these laws on an infinite scale. Hempels models should be taken as models for ideal situations, for if we had the knowledge of infinity then the laws needed would be defined and all of the infinite variables could be accounted for. So true explanation can only be attained with infinite understanding. The search for truth is as old as man himself. The world in which we live seems as true to us as anything. We see, feel, smell and touch what is around us and yet we cannot accept that that is all there is. Man instinctively has a need to organize, order and explain the universe. We have concepts like reality, God and perfection, all of which we cannot completely grasp. We are not perfect and we are not sure what it means to be real, for we know only what we can sense and yet we know our senses can fool us or be wrong. If our senses and thoughts are the only way for us to interpret the universe and they can be fooled then we cannot know what is real. We cannot fully explain anything. And yet we have a need, a desire for a force that is infinite and true. We name that force God. For in God is explanation and truth and the infinite understanding that we lack. God is what we use to explain Platos form and we are the shackled prisoners in a cave of illusion. Work Cited Balashov, Yuri and Rosenberg, Alex. Philosophy of Science: Contemporary Readings. Routledge: Taylor and Francis Group. NY  ©2002 Descartes. God and Human Nature: Third Meditation Matthews, Michael. The Scientific Background to Modern Philosophy. Hackett Publishing Co. Indianapolis  ©1989.

Proposition 34 Case Essay Example for Free

Proposition 34 Case Essay If the states voters approve it, Proposition 34 will eliminate the death penalty in California and replace it with life in prison without the possibility of parole. Specifically, Proposition 34 will: Repeal the death penalty as maximum punishment for people found guilty of murder and replace it with life imprisonment without the possibility of parole. Apply retroactively to people already sentenced to death. Require people found guilty of murder to work while in prison, with their wages to be applied to any victim restitution fines or orders against them. Create a $100 million fund to be distributed to law enforcement agencies to help solve more homicide and rape cases. California has seven hundred and twenty five people on death row. Seven of the seven hundred and twenty five people currently on death row have exhausted all appeals and are therefore eligible for execution; although a federal judge said that legal challenges to Californias lethal injection procedure must be resolved before any of them could be executed. The last time a prisoner was put to death in California was in 2006. California is one of 33 states that currently authorize the death penalty. The death penalty in California was judicially invalidated in the 1970s and was then reinstated as Proposition 7 in 1978. Thirteen inmates have been executed since then. Some arguments people are making who are FOR proposition 34 are that more than one hundred innocent people have been sentenced to death in the United States, and some have been executed. Their argument is stating that if proposition 34 is passed then we will never execute an innocent person in California again. Another argument is that California’s death penalty is too closely and broken beyond repair. They argue that one, only thirteen people have been executed since 1967-no one since 2006, most death row inmates die of old age. Two, we waste millions of tax dollars on special housing and taxpayer-financed appeals that can last 25 years. And last but not least in today’s society death row inmates sit around doing nothing. More arguments are that proposition 34 will make convicted killers work and pay into victims’ compensation fund, it will keep the killers in prison until they die, it will free up millions of tax dollars (to help our schools and to catch more murderers and rapists), and it saves money. Supporters are saying people think death penalty is cheaper then life in prison but they are wrong. Supporters also say California will save nearly $1 billion in five years, and the money could be spent on law  enforcement and our schools. Another thing supporters say is that there are more then one million unsolved cases of murders, so if we demolish the death penalty then some money can go to DNA testing, crime labs, and all other tools that help solve rapes and murders. Arguments that non supporters are making is that California is broke and abolishing the death penalty will cost tax payers over $10 0 million in the next four years and many years and many millions more in the future, instead of justice, killers get lifetime housing/healthcare benefits. Proposition 34 is not about saving money, it is about ACLU’s agenda to weaken public safety laws. Proposition 34 lets serial killers, cop killers, child killers, and those who kill the elderly, escape justice. Proponents don’t acknowledge that when California’s death penalty was eliminated before, condemned criminals were released only to rape and kill again. Voters had to restore capital punishment to restore justice. The death penalty is given to less than 2% of murderers whose crimes are so shocking that juries of law-abiding citizens unanimously delivered the sentence. Capital murder victims include: two hundred and twenty five children, forty three police officers, two hundred and thirty five raped and murdered, and ninety tortured and murdered. Non- Supporters also say that ACLU is the problem and that it is the ACLU and supporters who have disrupted fair implementation of the law with endless delays. Other states including Ohio and Arizona give criminals full rights and fairly enforce the death penalty. California can too. Also, that marketing Proposition 34, supporters make cost claims based on newspaper articles and â€Å"studies† written by the ACLU or other death penalty opponents. Department of Corrections data suggests abolishing capital punishment will result in increased long-term costs in the tens of millions, just for housing/healthcare. Taxpayers will spend at least $50,000 annually to care for each convicted killer who didn’t think twice about killing innocent children, cops, mothers and fathers. Non supporters say proposition 34 proponents don’t want you to know that it is not about the money, it is about their political agenda. In my opinion, if I were voting, I would vote no on proposition 34 because I feel that if someone can murder or rape another person then they deserve to die. There are way too many people in this world that are raping and killing others so we need to get rid of the ones already caught. I feel that if people actually start to get executed  for their stupidity then others will start to think twice before they go and rape or kill some one else. If we take away the death penalty then I feel that people will begin to kill and rape even more because in their minds it is â€Å"Hey, it’s only life in prison without parole, I still get benefits and I get to work†. If the death penalty get abolished California is screwed! Works Cited http://www.smartvoter.org/2012/11/06/ca/state/prop/34/

Customer Needs And Expectations Tourism Essay

Customer Needs And Expectations Tourism Essay Lists of different places with different prices whether it is cheap or expensive or either it has a hotel or car package for the customers flights. It helps the customers to choose what they really like or what they can afford. British Airways did this because they knew that people have different taste, different needs and status in life. *British Airways achieved their customers expectations and needs by serving the main expectations and needs of their customers. E.g. they gave you an opportunity to book a flight; choose from their list of different places with different prices; you can change your booking and etc. They EXCEED their customers expectations and needs by doing things like: BA on your mobile -The British Airways app gives you all the information you need about your next flight in the palm of your hand- you can check in for flights; download and use mobile boarding passes; view the latest arrival and departure information; see upgrade offers for future flights; track any British Airways flight and Book a new flight by just using your phone. Mobile boarding pass All British Airways customers can now download a boarding pass on their phone, within 24 hours of flight departure. There is no need to print it as all the details are in the mobile boarding pass. The barcode is scanned as you move through the airport. With their mobile boarding pass, you will be able to store your boarding pass in your clear security; access British Airways lounges and board the aircraft *British Airways exceed the customers expectations and needs by giving their customers an easy way to access some informations about British Airways like they can book a new flight by just using their phone plus they can now download a boarding pass on their phone which is convenient for their customers. That was also unique for the customers because not all of the airlines have that kind of customer service. Information at the airport -London Heathrow, London Gatwick, London City and other airports Making a smooth getaway They know how busy any airport can be so they give a few pieces of information that could help ease the experience for their customers. Information that include: Where you can find their lounges Whether you want to catch up on work before you travel, enjoy a snack or simply unwind, youll find an area in one of their lounges to relax away from the busy airport environment with Wireless broadband provided by  Spectrum Interactive is free in all British Airways UK lounges.   Safety and security Checking-In Theyve made checking in fast and easy so you can spend more time doing what you want to do. -Mobile check-in . You can check in whilst travelling to the airport, or choose seats for tomorrows flight home without leaving the beach by just using your phone. *They exceed customer service by telling to their customers where can they see the lounges which is convenient for their customer because it can also allow them to surf internet and eat while waiting for their flight. It is useful especially for the business men/women and to the people rushing just to go to the airport so they can do their work by not just wasting time waiting for their flight and they can eat especially for the people who rushed to go to the airport that dont have time to eat. For their airports and other airports Terminals Check-in facilities at the airport Bag drop desks Terminal map Flight connections Transport links *They exceed their customer service by giving informations like where are their terminals checks in facilities, bag drop desks and terminal map which is really helpful for their customers because sometimes customers got lost at the airport because they dont know where they would go. In addition, usually instead of just waiting for their flights customers were still looking for their destinations at the airport to check in so it was an exceeding customer service and need especially when they also gave informations on some airports where customers over stop. On Board Childrens activities on board They understand that keeping your children happy will play a large part in making your flight as relaxing and enjoyable as possible. They have a number of activities designed to keep them entertained whilst flying with them. *They exceed their customer service by helping the parents of the children to make their children happy that really helps the parents to just relax and enjoy their flights without having some concerns that their children might get bored and irritated because usually children cried and got irritated during the flight that can cause an unpleasant experience for the parents. It was also an unusual customer service. In-flight meals All of their meals are carefully created by leading chefs, and wherever they can they incorporate seasonal produce in their dishes to ensure they use the freshest ingredients with the fullest flavour. Special and medical meals If you have special dietary requirements, you can let them know in advance and they will provide you with a suitable meal. You can request a special or  medical meal  through  Manage My Booking. Travelling with food allergies Theyre passionate about their food and work hard to ensure the meals you enjoy with them are prepared to the highest standard and with the finest ingredients. That includes providing a wide range of special meal options to cater for many food sensitivities and clear labelling of all their meals.   *They exceed their customer service by automatically giving the customer a special/dietary food that access foods that they require. This exceeds the customers expectations as the customer needs have been met without the customer requesting or having to ask as the proactive thinking of the staff have already acted on the customers needs before they have needed to ask or they can also ask you what are your dietary foods or foods that are not allowed for you. Travel Preparation Disability assistance To help us provide you with the necessary service for your needs please let us know how we can help you -Mobility assistance at the airport and in-flight -Mobility assistance provided at the airport Visually impaired passengers If you are visually impaired, they can offer: An escort to and from the aircraft. Individual safety briefings and assistance during the flight. Hearing impaired passengers If you are hearing impaired, they can offer: An escort to and from the aircraft. Separate briefings about safety procedures. Subtitles on the English version of the in-flight safety video. Induction loop facilities are available at most airports and on board through their in-flight headphones. Headphones compatible with standard hearing aids switched to the T position. Transporting your pet When you want to transport your pet, you can rest assured that they will take the very best care of them.  Pets must be booked to travel with British Airways World Cargo, and they will be carried in the aircraft hold.   -Travelling with a Guide/Assistance Dog They will make special arrangements for your Guide/Assistance Dog, to ensure they are able to travel with you in the aircraft cabin.   Certified  Assistance  Dogs for blind, deaf or disabled passengers travel free of charge in the aircraft cabin on most flights from the UK; and provided dogs are compliant with the Pet Travel Scheme, on all British  Airways routes approved by DEFRA to the UK. *Automatically booking the customers that have disabilities into a suit that has access facilities that they require. This exceeds the customers expectations as the customer needs have been met without the customer requesting any assistance or having to ask as the proactive thinking of the staff have already acted on the customers needs before they have needed to ask. They can also do that for the customers pets like dog/ cat. Flying with confidence The UKs most experienced fear of flying course. Is fear of flying holding you back? They can help you The  Flying With Confidence  courses are run by British Airways people who want to help you conquer your fear of flying. Their courses have been running for more than 25 years and have helped more than 45,000 people like you. Customer feedback shows that they have a 98% success rate in helping people like you to overcome their fear of flying. -Stop worrying, start flying Their one day course caters for many different needs, whether you have mild anxiety about flying or are unable to set foot on an aircraft. The courses are run by experienced British Airways pilots and crew as well as a Clinical Psychologist. At the end of the course, you will join others in  conquering your fear of flying  on a short flight with their team of experts. *It is an exceeding customer service because they not just booking you a flight but they also helping you to conquer your fear of flying which is really helpful. It helps because it makes their customer enjoy their flight without having a fear especially for those who has an anxiety of flying. The good thing is the effect of their help affect you throughout your life which really helps you to enjoy travelling without having a fear. This is not just a service for them but they also concern that your fear of flying can affect your work and life especially for business men/women because they are more likely to travel often and for the outgoing people that afraid to travel by a plane. Thorpe Park They MEET their customers expectations and needs by doing things like: Full Ride Listing THORPE PARK has so many awesome rides that we have had to stick them in a big list for your viewing pleasure. Book a Ticket Online/Phone and Book a ticket with Hotel Ticket Deals Opening Times *They meet their customers expectations and needs by serving the main expectations and needs of their customers. E.g. they gave you different ticket deals; look at the list of their rides; you can book a ticket with hotel; look at their opening hours and etc. They EXCEED their customers expectations and needs by doing things like: Park Map *Thorpe park exceed their customer service by giving/allowing their customers to print out a Park Map which help them to know the locations of the rides, food and drink stalls. It helps the customers to easily find the rides, toilets, food and drink stalls. Usually, for some amusement parks do not give a map of their amusement park that makes a hard time for the customers to find the rides, food and drink stalls. Therefore it is an exceeding customer service that they actually giving a park map to the customers without the request of the customers. Thorpe Park official APP THORPE PARK brings you the official iPhone and iPod Touch App. Its packed full of features to keep you entertained and informed at the nations Thrill Capital. You can also grab exclusive offers like: Park Map Interactive Park map that shows your exact location in relation to the rides, food and retail units, cash points, toilets and lockers†¦all via the iPhones GPS Ride Information See all the extreme thrills waiting for you on their rides, as well as videos and photos to really get the adrenaline pumping in anticipation. Offers Exclusive discounts and promotions to the Park as well as at the retail and food units. Park Info Information on THORPE PARK, including: opening times, upcoming events and directions to the Park. * Thorpe Park exceed the customers expectations and needs by giving their customers an easy way to access some informations about Thorpe Park like Park Map, ride information, offer and other park info. It really helps the customers because they can now browse some informations about Thorpe Park by just using their phone which is really accessible. Thorpe Park exceeds it by browsing the informations about Thorpe Park by just using a phone which is really preferable for their customers. DISABLED GUIDES BEFORE YOU ENTER THE PARK Parking Those holding a blue disability badge are required to pay  £3 for car parking. When a guest displays a blue disability badge, they can park in the disabled area of the car park, next to the Admissions area on a first come first served basis. Ticket Concessions We offer a concessionary admission price for disabled guests and one accompanying helper. We will require proof of entitlement before the concessionary rate is given. Such proof includes a blue/orange badge, Attendance Allowance book etc. Please note this is for Admission to the Park only and does not guarantee entitlement to a disabled Ride Access Pass from Guest Services. If you require any assistance when purchasing your tickets, please do not hesitate to speak to a staff member in the Admissions area. Guests using wheelchairs who have not pre-booked tickets in advance should use the access ramp at the Annual Pass Building to purchase tickets for THORPE PARK . When entering the Park please use the right hand gates at the turnstiles which have a wider access point. Annual Pass Holders with a registered disability have the option of a free helper pass. Please see ENJOYING YOUR DAY AT THORPE PARK Ride Access Passes Disabled guests who are unable to queue may be eligible for a Ride Access Pass for themselves and one helper. The wristband given will allow the disabled person and the helper to bypass the queuing system usually via the exit or designated entrance designed for ease of access. Proof of entitlement will be required before the Ride Access Passes are given. Such proof includes: Documentary evidence in the form of a letter from a GP or hospital consultant, which details reasons that the guest is unable to queue. Please note this must be seen by THORPE PARK every year, and this is different documentation to that required for admission to the Park. In certain situations (such as extreme weather conditions, mechanical problems or power interruptions) it may be necessary for guests to be evacuated from the rides, possibly from the highest point. We ask that any helpers are a minimum of 14 years old, and physically able to assist in the event of an evacuation. We can advise but it will always be up to the individual guest to decide whether or not they should ride. Ride Safety Several rides are unsuitable for guests with heart, back, or neck conditions, or expectant mothers and we strongly recommend those guests who have had recent surgery or an injury do not ride some of our more Thrilling attractions. On many of our rides guests need to have the ability to brace themselves in an upright position, and all rides require guests to keep their arms and legs inside the ride carriages, and remain seated at all times. Not all of our rides are suitable for all guests. Each ride has a strict operating requirements that all riders must meet. Please do not ask our staff to break these rules as they are there for your safety. As well as taking note of the ride restrictions, we also strongly suggest that you watch our rides in motion before making a decision on whether to ride. Toilet All toilet locations around the Park have access for guests with disabilities, and we operate the Nationally recognised RADAR key system to access them. If you dont have your own key, you can hire one from Guest Services for a  £10 refundable deposit. Guest Services Located in the lower level of the Dome, we are able to offer advice on ride access and restrictions along with offering guests with disabilities several options to make their experience at THORPE PARK both enjoyable and comfortable. *Thorpe Park automatically recommends the customers that have disabilities into a suit that has access facilities that they require. Thorpe Park recommends the annual pass and the wristband that allow them to park in the disabled area of the car park and allow those who are unable to queue may be qualified for a Ride Access Pass for themselves and one helper that they may be able to bypass the queuing system usually via the exit or designated entrance designed for ease of access. In addition, they tell what rides are suitable for them; all their toilets have access for guests with disabilities; they tell where the disabled toilet is and they offering several options for guests with disabilities. This exceeds the customers expectations as the customer needs have been met without the customer requesting any assistance or having to ask as the proactive thinking of the staff have already acted on the customers needs before they have needed to ask plus they really concern about the securi ty and safety of their guests.

Minor Characters Impact on Willy Loman in Arthur Millers play, Death

Minor Characters' Impact on Willy Loman in Arthur Miller's play, Death of a Salesman In the Arthur Miller play Death of a Salesman, Willy Loman comes in contact with several characters, many of whom prompt him to examine his past as well as his conscience. Charley's son Bernard is such a character. Lacking dimension and depth of character, Bernard functions primarily as a foil to expose Willy's tragic and pathetic nature. The other characters have no real interaction with Willy that would allow for development. During Willy's first flashback, Bernard appears only to remind Biff of the Regents exam. Willy refers to Bernard as a "pest" and an "anemic," and Biff mimics his father by saying that Bernard is "liked, but not well liked." Despite Bernard's academic talents, Willy and his ...

lord of the flies :: essays research papers

The leading characters in this book are Ralph, Jack and Piggy. The other boys are mentioned often but most of it is about those three boys. Ralph and Jack are both "leaders". That's because they are so "loud", everyone listen to them. Piggy is really different from Ralph and Jack, he is kind, he does what others want him to do, he seems to be quite shy too, but he is also very clever, he has good ideas but it is hard for him to be heard. The environment where everything happens, is on an island that looks very nice, it’s a paradise palm trees, white sand, coco-nuts, clear ocean water, beautiful starry nights with the sound of the ocean crashing on the beach. "The shore was fledged with palm trees. These stood or leaned or reclined against the light and their green feathers were a hundred feet up in the air. The ground beneath them was a bank covered with coarse grass, torn everywhere by the upheavals of fallen trees, scattered with decaying coco-nuts and palm saplings. Behind this was the darkness of forest proper and the open space of the scar.† Lord of the Flies is about a group of English schoolboys who are from 6 to 12 years old. They have been set on a fate island somewhere in the south Pacific after a crash. This could have been a dream situation for the boys; no teachers, no parents and no rules that tell them what to do or not do, but the dream situation develops in to a hard society where rules are set up and everyone has its own task.. They started to hunt and live a life like if they never would be rescued. After a while this big group became divided into two smaller groups with Jack and Ralph as leaders. This "competition" developed a bloody fight on life and death. long environmental descriptions make the book very interesting, depicting the scenery so clear. If you use your imagination it can feel like you’re there. I like Lord of the Flies because it was exciting and it showed how we humans can be, I think shows people how bad we actually are in a hard situation, but that's also what I think William Golding wanted to say with this book, he did also show the difference between two different kind of leaders.

Physics of the Arctic :: physics arctic

The Arctic is a strange and unusual place where nature still rules with and icy fist. In the land of the "high noon moon", the extreme cold has a strange effect on the environment, the people, and even everyday objects that we take for granted act different. Ice rules the land and shapes it to it's will. Layers of cold air change a normal scene into a wonderland of color and mystery. Normal, everyday items take on unusual characteristics in the sub-zero climate. Ice wedges are structures where water has filled a crack or hole in the ground and froze over the winter. As the water freezes, it expands, making the crack bigger. As the Wedge gets bigger, the whole it creates gets bigger and gets fovered with sediments and dirt. On the surface, these ice wedges make the ground look like a patchwork of tiles, called polygons. As the wedge gets deeper, it begins to melt and the water is then put under high pressure from the surrounding ice and dirt. This causes the water to be forced to the surface. As it moves twards the surface, the rock and soil above it are pushed out of the way, making pingos. These pingos are usually a small hill with a ring or rock and soil at the center. Many pingos, thought, can reach the size of a house or other large building. When we think of a mirage, we usually think of a hot desert. In the arctic, though, the thermal layering of the cold air causes a similar effect. The effect is the opposite of a heat mirage though. Here, you can see that the mountain looks to be up-side down and mushroom shaped. In the winter in the far north, the temperatures can get real low! This was the coldest temperature during the winter of '03-'04. The extreme cold allowed me to have a little fun and also caused a few problems. On the morning that the temperature reached -54F, i decided to get up early and go into town to get a picture of a sign so all my friends would beleave me when i told them how cold it had been, when i started to move in the car, however, i noticed that the tired felt wierd as i drove. When the air in the tires is supercooled, he presure drops and the tires arreap to deflate, causing the bottoms to become flattened against the ground.

Happiness and Humor Group Promotes Life Satisfaction for Senior Center Participants Essay

Abstract The effects of a Happiness and Humor Group in the promotion of life satisfaction in an elderly center were examined. Fifteen participants in the beginning of the study were given a self-rated 32-item Life Satisfaction Scale Survey. After which they engaged in a once a week, 10-week program for the Happiness and Humor Group. Although the number of participants increased throughout the sessions, only the 15 original participants were administered the same test after completion of program. Introduction The purpose of the study is to address former findings conducted by the same researcher. A year ago, the researcher performed a qualitative study on stress. In the earlier study, there were 54 participants, ages 65-100 years, all of whom are members of several Southern California senior recreation programs. It was learned that the primary stressor among older adults was loneliness. As a follow-up to this, the researcher deemed it necessary to develop a group program that would address coping skills for the stressor. In late adulthood, people experience a lot of stressful moments when they face everyday with pessimism and regret about the past. In the opinion of the researcher, the psychological and over all well-being of the elderly is being neglected as the world faces many innovation and continued progress in technology, basically banking on younger people. The elderly continues to be an important part of society and their concerns have to be addressed. Since most of them, especially those living in senior centers, face loneliness as they are already far from relatives and family, the researcher thought that something should be done to ease the pain of being lonely. The Happiness and Humor Group was offered once a week for a 10-week period and was held at a local California Senior Center. An initial test, Life Satisfaction Scale (Lohmann, 1976) was conducted to the original 15 participants. The same is done after completion of program. The Happiness and Humor Group should improve the lives of the participants and increase their satisfaction for their present living status. They should be healthier and more psychologically balanced and score higher in the written scale survey after they finish all the sessions in the program. Review of Related Literature Old age in some books is concretely defined as the stage of a person’s life after 65 years (Burgess, 1949). However, there are people younger than 65 years that tend to manifest those characteristics that encompass being of old age (Burgess, 1949). To clearly define old age, it is the last period of a person’s life terminated by death. According to some books (Papalia, 2002), aging is divided into two stages: Primary and Secondary aging. Primary aging is said to be the time when the body inevitably deteriorates and this process continues through out the years. On the other hand, Secondary aging results from the abuse the body receives through the years. These abuses are often avoidable and are within the control of the human person (Papalia, 2002). Along with other indications of aging is the manifestation of psychological changes. Depression, for one is seen as one of the psychological problems faced by the elderly today. It also affects the biological aspect of living, how organs in our body work, blood flow, etc. Depression is said to speed up physical decline of aging and cause problems internally (Papalia, 2002). As much as there are negative and problematic aspects to aging, like all other stages of development in a person’s life, there is also a positive light to this. Erik Erikson’s Theory on Human Development indicates that at this late period of adulthood, a person experiences a conflict between ego integrity versus despair (Papalia, 2002). One has to get past the troubles of yesterday, get over regret and what-could-have-beens and learn to accept the wholeness of one’s life and the coherence of learning picked up throughout the years. Nonetheless, there are different ways to measure a person’s life satisfaction in aging. There are scientists who measure this through health conditions, cardiovascular functioning, brain activity, psychological well-being, economic stability, etc (Papalia et al). Nevertheless, all of these play a role in a healthy person’s life. Although, in different studies, other people, for example, give more importance to their health or economic stability as their basis for an accomplished or successful aging. In the end, it may still depend on a person’s priorities in life that could help him or her achieve optimal aging. There are different theories that deal with aging. One is the Disengagement theory (Papalia, 2002), which simply states that at this particular stage, people tend to disengage themselves with society and focus more on themselves. They tend to be more in touch with their thoughts, feelings and emotions as they look back at the past and realize what they have learned, gone through—both positive and negative. On the other hand, there is the activity theory (Papalia, 2002) that indicates that to achieve better aging, one must engage him or her in different activities. Another important theory that should be taken into account when dealing with better aging is the Continuity Theory (Papalia, 2002). This states that there is a great need for the elderly to relate the present and the past. For them to be satisfied, they have to be able to continue doing what they are used to when they are younger. It could mean that a once healthy youthful man who is active in sports should not be hindered by age to play his interest. Activities should be present as it was when they had the energy to do it. Of course, one should strain themselves so much to the extent of injury. However, being able to do what one can do before, is an encouragement in itself and provides opportunity for proper aging. Aside from exercise and being active, humor and laughter help a lot in the aging process. As earlier mentioned, the elderly tend to be more serious as they reflect on their lives. This may produce a lot of negative feelings as they face regret and sorrow at losses. Negative feelings do not only affect mental health but also the entire functioning of the human person. There are a great number of studies and literature depicting humor and laughter as greatly influential to the improvement of a person’s over-all well-being. It improves the immune system, heart functioning and mental health, among others (Du Pre, 1998). According to studies, cortisol, a hormone secreted by the body during times of stress suppresses the proper functioning of the immune system making humans more inclined to getting sick (Du Pre, 1998). To counter this, studies have been made to show that laughter, in fact, acts against the negative effects of stress. (Du Pre, 1998). In a study made by Dillon, Minchoff and Baker (1985), participants were made to watch humorous videos. They have found that those who watched the videos had a significant increase in an Immonoglobulin A (IgA) level. This substance is a virus-fighting chemical made by the immune system (Du Pre, 1998). Studies like this show that indeed laughter and humor contribute a great deal to improving a person’s immune system. Laughter can be achieved through social interaction and other forms of entertainment such as videos and film viewing. Another study by Adams and McGuires (1986) showed that through a 6-week period observation of elderly participants watching funny videos, there had been a significant decrease in requests of pain-relieving medication (Du Pre, 1998). The social interaction portion of laughter is very much helpful, as well. Unfortunately, for the elderly, as they try to disengage themselves and focus more on â€Å"self†, they forget to interact and the importance of sharing and relating with others. Such is the importance of group psychotherapy. According to Yalom (1995), group psychotherapy brings about instillation of hope, interpersonal learning, group cohesiveness and universality. People become more hopeful as they see that there are others who are in the same boat. They find out that there are those who can relate to them and that they are not the only ones who are going through the things that they are experiencing. The same is true for its universality. Group dynamics brings natural concern and care for others. They become more mindful of their surroundings and helpful, allowing themselves to be useful (Yalom, 1995). Interpersonal learning is picked up as each one involves him or herself in discussions. As they share their feelings and work out their problems they become more cohesive as a group and help in the development of the social skills that they thought they do not need anymore. Indeed, humor is a powerful force with the psychological and physiological effects on the body similar to the health benefits of aerobic exercise. The National Council on Aging promotes quality of life as an important factor for successful aging and a major component in one’s perception of happiness. In a study involving 182 participants, Vilaythong, Arnau, Rosen & Mascaro (2003) saw a relationship between humor and hopefulness. The researchers discovered an increase in the state of hopefulness after exposure to humor. Moreover, Wooten, (1996), stated â€Å"Finding humor in a situation and laughing freely with others can be a powerful antidote to stress and gives us a sense of perspective on our problems. † Of course, in all this, there is a mind set that should be taken into account. One must be optimistic about things and their outlook in life. At the age nearing death, it could be said that this is somewhat very difficult. The elderly is typically viewed as people who are not as functional as they were in their youth (Cox, 1993). The people or family surrounding a senior person should not automatically think that an elder needs his or her assistance. When an elderly feels that he or she has to be assisted in everything and could not perform independently, this may lead to a feeling of low self-worth and they become more pessimistic about things (Cox, 1993). If people can trust elders to carry out tasks, not to difficult for them to perform independently, then they learn to build confidence on what they can do. Furthermore, doubts about themselves, reservations and other unhealthy beliefs that maybe they cannot have purpose anymore, gradually disappears (Dryden, 2001). Here, one can see the effect that positive thinking or optimism provided by the environment, and later on re-learned by self, helps in healthy and a higher satisfaction in aging. Putting all this together, one could see that there is a right way to age. The elderly can get maximum satisfaction in aging if they conserved their energy and strength, if they are able to adapt to challenges and losses, and finally, if they could spend their time productively and wisely (Papalia, 2002). Method Subjects 17 men and women ages 65-89 years who volunteered were administered a pre- and post- self-rated 32-item Life Satisfaction Scale Survey (Lohman, 1976). The form used did not ask for the individual names of the participants. Rather, they were asked to put a fictitious name to ensure honesty and validity of results. The initial testing was conducted during the first session of the Happiness and Humor Group, and the final testing was done on the 10th and final session. Materials A scale survey called Life Satisfaction by Lohman (1976) was conducted. The Happiness and Humor group consisted of a 10-session program which was carried out once a week in a span of 10 weeks. Film viewing was used, this includes DVDs brought by the participants themselves and a few episodes starring Ellen DeGeneres. Lively music was also used in some of the sessions where there was dancing and exercise. Whistles, candies and other paraphernalia were also used in different sessions, serving different symbolisms and purpose. Procedure The first session of The Happiness and Humor Group at their senior center included 15 participants. They were given a test to measure their Life Satisfaction. They were not prompted for real names, rather they were asked to put fictitious names. Afterwards, the first activity began. Each participant was asked to pick a candy or energy bar which best suited or represented his or her personality. The session was ended by the researcher giving a lecture regarding pessimists and optimists. The second session included additional participants. The researcher welcomed the larger group with an activity â€Å"Lighten Your Load† in which everyone shared a way that they could lift pressure from their lives. An intense discussion took place following the introduction of the topic, â€Å"The Typical Wants and Desires of Human Beings†. An activity of light exercise to lively music concluded this session. More people joined during the third session. The importance of Exercise, Nutrition, Recreation and Attitude (ENRA) , and how these all added to a happier and healthy life was discussed. Exploring the ENRA principle of Attitude consisted of an activity â€Å"Count Your Blessings† where the participants wrote down and shared three positive things that happened to them during the week. They were also asked to share with the group how they think they were able to contribute to the positive things that happened to them. At the end of this third session, group members, not the instructor, began to tell jokes which enabled them to connect with each other through shared humor. Similar activities followed after this session, at the same time, more people joined in. Group psychotherapy happens as they share with each other ways to cope with loneliness and how they started thinking more positively. On the seventh session, a discussion was initiated regarding how guilt blocked happiness. Film viewing was also then started. A brief episode that starred Ellen DeGeneres was shown to the group. The video was followed by a laughter prescription issued by the researcher. This entailed all the participants to have a daily dose of 15 minutes of laughter everyday. The session ended with the prescription papers actually signed by the researcher. The eighth session was composed of 25 participants. There was exercise and the researcher introduced an international folk dance. Such activity enforced the ENRA principles. Kazoos and whistles were distributed with the instructions to â€Å"blow the whistle on themselves† when they got too serious. The session again, ended with a summarization of what they have learned that day and group sharing. The sessions that followed were characterized by more film viewing, exercise and dancing. The participants were encouraged to bring their own DVDs or videos should they want to share with the other group members. Later in the session, ENRA principles of Nutrition and Recreation were discussed as they were related to community availability. The researcher offered directories to farmers’ markets nearby and ideas for low cost activities and entertainment around the community. The participants were often reminded that happy people eat healthy foods, exercise, play, and most importantly, have a positive attitude toward life. At the tenth and last session, each participant received a certificate of achievement for being a part of Happiness and Humor Group. They celebrated their success with each other at a healthy buffet which consisted of fresh and healthy food that they themselves purchased from the local farmers’ market. The session ended with humorous stories, ones that they could share with friends or recall for their own 15 minutes of laughter just had been prescribed. Results n=17 Mean SD Pre: 42. 605 54. 256 22. 6 Post: 65. 828 72. 883 13. 7 Difference between tests 5. 6 Table 1. Results for Life Satisfaction Scale Survey (Lohman 1976) Table 1 shows the mean and standard deviations of the group before and after the intervention. Specifically, the mean before the intervention is 54. 256, and this has increased to 72. 883 after the happiness and humor sessions. Significance Level 0. 5 Table 2. T-Tests Variable Method Variances DF t-Value Pr>[t] Score Pooled Equal 32 2. 90 0. 0067 Score Satterthwaite Unequal 26. 3 2. 90 0. 0074 The conduct of the t-tests for dependent groups show that the post-test score is significantly higher than the pre-test score (t=2. 90, pF Score Folder F 16 2. 73 0. 0528 The insignificant F-value shows in Levene’s test for equality of variances (F=2. 73, p>. 05) suggests that both score distributions (pre and post) come from normally distributed score populations. Discussion From the statistical results above, one can see that there is significant change in the participants. Also, qualitatively, their outlook has changed significantly and they have become more optimistic. In the beginning, it was evident that group dynamics and sharing are really effective tools. One member, Cam, 75, shared eagerly during the first session that her selection of the candy bar reminded her of growing up in an orphanage in Scotland. Another, Abraham, 82, told about how he would eat a bite-sized candy bar and relax in the afternoon. The verbal and nonverbal connections were being established between group members, even reaching out to the silent and timid ones. Participants also felt more at ease because of the environment that was presented to them. Jokes are highly welcomed and encouraged. In fact, more than once, the researcher would tell a joke, reminding the participants of the group the theme of happiness that is the program. Also, it encouraged people to show and share parts of their lives through funny and touching anecdotes. Group cohesiveness was noticeable by the fourth session and continued throughout the remainder of the sessions. Participants served each other coffee, listened without interrupting, and best of all, made plans to socialize outside of the weekly group meetings. Edna, 68, stated that she felt like a kinder person. She mentioned that she called friends and invited them to her apartment, equating to a more confident and more sociable outlook in life. Another participant, Keiko, a timid, more quite 83-year-old, cried at the end of one of the sessions when she shared that she allowed her son to drain her of happiness. She declared that she was going to put into practice what she had learned in the group. Sharings were always rewarded and welcomed eagerly by other participants. They have learned to become more open to one another’s concerns and have become greatly supportive of one another. Both participants and researcher saw how popular the Happiness and Humor Group grew. People came in wanting to join because they say that â€Å"they want to be happy. † Even during the course of the program changes and positive results could already be seen in the participants. They themselves would say how much they are already evolving. For instance, Sam, 82, disclosed that he was easily annoyed by many people and he wanted to learn a better way of relating to those who bothered him which showed a shift in his attitude. Many other observations and learnings came from the members themselves. There were observed comments such as a time when it was noted how appointments are made with doctors and dentists for specific health concerns, but one never sets a meeting for life-renewing recreation and leisure. This realization came about during the session when they were given laughter prescriptions. In the latter part of the program, one could easily detect that people are greatly more confident to share personal matters as compared when they were just starting. They were able to vent out concerns and this made them feel really better, emotionally, most especially. One member, Dixie, brought up during one of the sessions the issue about families. The participants spoke of family traditions and ritual, children and parents playing together, laughter and honest, open communication without retaliation. Dixie, once an abused spouse, went on to say that the group has empowered her to be happy and feel less guilty. After evaluation of all these, the researcher feels confident that the Humor and Happiness Group program indeed served its purpose. The elderly felt more comfortable to socialize and felt less lonely, seeing that there are those around them who can relate with their feelings and emotions. They think more positively and are more accepting of where they are now, hopefully, looking at the past with less regret. They are equipped with knowledge of adequate exercise, varying forms of it, to keep them fit, proper nutrition to keep their minds healthy and working. Researchers in gerontology, leisure services, social work and related disciplines are eager to discover how to increase the quality of life for older adults, particularly those stressed by loneliness. Furthermore, many researchers have followed a line of investigation comparing the relationship between possessing a sense of humor and good health. Leslie Gibson, a hospice community liaison, has observed that the more developed the sense of humor, the more graceful the acceptance of physical change and deterioration associated with aging. The Happiness and Humors Group developed for an aging population demonstrated that humor was a significant part of increasing their life satisfaction. In part, it was made possible by connecting the participants with others during the ten sessions in order to create a bond, a sense of belonging through humor and laughter. The researcher encourages administrators and practitioners to explore the possibility of launching a similar group within their own communities to help promote greater life satisfaction among the older adult populations that they serve. Lastly, a further study could be conducted similar to the Happiness and Humor Group. Other activities such as one on one consultations with psychologists and patients could be conducted to maybe reach out to those who are really having a hard time opening up in big groups. Frequency of the session could also be improved, making it twice to thrice a week, instead of once a week. The total length of the program could actually be considered enough to host all needed activities for the participants. However, if such program would be revised, adding more that could specifically cater to the needs of other elders in other cultures, a longer program period is advised. Another improvement could be made by asking the participants who just later joined the Happiness and Humor Group to provide feedback and have them accomplish surveys as to how the program actually enriched their lives. Family support could also be added to the curriculum, although this may be hard for those who have relatives or family far from the center where they are in. All in all, the Happiness and Humor Group could be considered a success on its own and in the future when it would actually be implemented in senior centers, the researcher hopes that more elderly would be able to participate and experience the life-changing process the program offers. References Alpert, J. E. & Fava, M. (2004). Handbook of chronic depression:Diagnosis and therapeutic management. New York: Marcel Dekker. Anastasi, A. & Urbina, S. (2002). Psychological Testing (7th Ed.) New Jersey: Prentice Hall. Arnau, R. C. , Rosen, D. H. & Vilaythong, A. P. (2003). Humor and hope: Can humor increase hope? International Journal of Humor Research. 16-1, 78-89. Ayres, V. E. , Mackenzie, K. R. , Weisman, M. M. , Welch, & R. R. , Wilfley, D. E. (2000). Interpersonal psychotherapy for group. New York: Basic Books. Bernard, M. E. , & DiGuiseppe, R. (1994). Rational-emotive consultation in applied settings. New Jersey: Lawrence Erlbaum Associates. Burgess, E. W. , Cavan, R. S. , Golhamer, H. , & Havighurst, R. J. (1949). Personal adjustment in old age. Chicago: Science Research Associates. Boyle, G. J, & Joss-Reid, J.M. (2004). Relationship of humour to health: A psychometric investigation. British Journal of Health Psychology, 9, 51-66. Cox, C. (1993). The frail elderly: Problems, needs and community responses. Westport, CT: Auburn House Paperback. Dryden, W. (2001). Reason to change: A rational emotive behavior therapy (REBT) workbook. New York: Brunner-Routledge. Du Pre, A. (1998). Humor and the healing arts: A multimethod analysis of humor use in health care. New Jersey: Lawrence Erlbaum Associates. Elmes, D. G. , Kontowitz, B. H. , Roediger III, H. L. (2001). Experimental psychology (7th Ed. ). Singapore: Wadsworth. Macfarland, K.(2005). Battling late-life depression: Short term psychotherapy for depression in older adults-A review of evidence based studies since 2000. Annals of the American Psychotherapy Association. 8(4). Papalia, D. E. , & Olds, S. W. (2002). Human development (8th Ed. ). New York: McGraw Hill. Pinel, J. P. J. (2003). Biopsychology (5th Ed. ). Boston: Pearson. Roeckelein, J. E. (2002). The psychology of humor: A reference guide and annotated bibliography. Westport, CT: Greenwood. Szabo, A. (2003). The acute effects of humor and exercise on mood and anxiety. Journal of Leisure Research. 35(2). Turnbull, M. & Wolfson, S. (2002). Effects of exercise and outcome feedback on mood: Evidence for misattribution. Journal of Sport Behavior 25, 4. Wooten, P. (1996). Humor: An anecdote for stress. Holistic Nursing Practice. 10, 49-55. Yalom, I. D. (1995). The theory and practice of group psychotherapy. New York: Basic Books.   Plagiarism Report Generated by EVE 2. 4 7/3/2007 11:46:32 PM Document: Humor 1. doc Amount of document detected to be plagiarized: . 54% (less than 1%) Please Note: Because plagiarsm on this paper is below 15%, please check these results carefully to make sure plagiarism has in fact occured. Matching material was found on these sites: http://www. sp. uconn. edu/~yian/frl/26sptrel. htm Student essay with matching content underlined for easy detection: Running Head: LIFE SATISFACTION FOR SENIOR CENTER PARTCIPANTS Happiness and Humor Group Promotes Life Satisfaction for Senior Center Participants Abstract The effects of a Happiness and Humor Group in the promotion of life satisfaction in an elderly center were examined. Fifteen participants in the beginning of the study were given a self-rated 32-item Life Satisfaction Scale Survey. After which they engaged in a once a week, 10-week program for the Happiness and Humor Group. Although the number of participants increased throughout the sessions, only the 15 original participants were administered the same test after completion of program. Introduction The purpose of the study is to address former findings conducted by the same researcher. A year ago, the researcher performed a qualitative study on stress. In the earlier study, there were 54 participants, ages 65-100 years, all of whom are members of several Southern California senior recreation programs. It was learned that the primary stressor among older adults was loneliness. As a follow-up to this, the researcher deemed it necessary to develop a group program that would address coping skills for the stressor. In late adulthood, people experience a lot of stressful moments when they face everyday with pessimism and regret about the past. In the opinion of the researcher, the psychological and over all well-being of the elderly is being neglected as the world faces many innovation and continued progress in technology, basically banking on younger people. The elderly continues to be an important part of society and their concerns have to be addressed. Since most of them, especially those living in senior centers, face loneliness as they are already far from relatives and family, the researcher thought that something should be done to ease the pain of being lonely. The Happiness and Humor Group was offered once a week for a 10-week period and was held at a local California Senior Center. An initial test, Life Satisfaction Scale (Lohmann, 1976) was conducted to the original 15 participants. The same is done after completion of program. The Happiness and Humor Group should improve the lives of the participants and increase their satisfaction for their present living status. They should be healthier and more psychologically balanced and score higher in the written scale survey after they finish all the sessions in the program. Review of Related Literature Old age in some books is concretely defined as the stage of a person’s life after 65 years (Burgess, 1949). However, there are people younger than 65 years that tend to manifest those characteristics that encompass being of old age (Burgess, 1949). Ergo, to clearly define old age, it is the last period of a person’s life terminated by death. According to some books (Papalia, 2002), aging is divided into two stages: Primary and Secondary aging. Primary aging is said to be the time when the body inevitably deteriorates and this process continues through out the years. On the other hand, Secondary aging results from the abuse the body receives through the years. These abuses are often avoidable and are within the control of the human person (Papalia, 2002). Along with other indications of aging is the manifestation of psychological changes. Depression, for one is seen as one of the psychological problems faced by the elderly today. It also affects the biological aspect of living, how organs in our body work, blood flow, etc. Depression is said to speed up physical decline of aging and cause problems internally (Papalia, 2002). As much as there are negative and problematic aspects to aging, like all other stages of development in a person’s life, there is also a positive light to this. Erik Erikson’s Theory on Human Development indicates that at this late period of adulthood, a person experiences a conflict between ego integrity versus despair (Papalia, 2002). One has to get past the troubles of yesterday, get over regret and what-could-have-beens and learn to accept the wholeness of one’s life and the coherence of learning picked up throughout the years. Nonetheless, there are different ways to measure a person’s life satisfaction in aging. There are scientists who measure this through health conditions, cardiovascular functioning, brain activity, psychological well-being, economic stability, etc (Papalia et al). Nevertheless, all of these play a role in a healthy person’s life. Although, in different studies, other people, for example, give more importance to their health or economic stability as their basis for an accomplished or successful aging. In the end, it may still depend on a person’s priorities in life that could help him or her achieve optimal aging. There are different theories that deal with aging. One is the Disengagement theory (Papalia, 2002), which simply states that at this particular stage, people tend to disengage themselves with society and focus more on themselves. They tend to be more in touch with their thoughts, feelings and emotions as they look back at the past and realize what they have learned, gone through-both positive and negative. On the other hand, there is the activity theory (Papalia, 2002) that indicates that to achieve better aging, one must engage him or her in different activities. Another important theory that should be taken into account when dealing with better aging is the Continuity Theory (Papalia, 2002). This states that there is a great need for the elderly to relate the present and the past. For them to be satisfied, they have to be able to continue doing what they are used to when they are younger. It could mean that a once healthy youthful man who is active in sports should not be hindered by age to play his interest. Activities should be present as it was when they had the energy to do it. Of course, one should strain themselves so much to the extent of injury. However, being able to do what one can do before, is an encouragement in itself and provides opportunity for proper aging. Aside from exercise.