Marketing Research Essay Example | Topics and Well Written Essays - 2000 words - 3

Marketing Research - Essay Example The data gathered and interpreted during marketing research significantly supports the organizations draw out future plans according to the changing trends and scenario of the market. It is considerably helpful in enhancing the organizations’ volume of production and sales. â€Å"Marketing research† Zaidi & Javed opine, â€Å"concentrates on data collection related to market product while interacting with the consumers, gathering information from them and interpreting results about various aspects of a market product.† (Zaidi and Javed, 2002:7). A marketing research is usually conducted either to prove the validity of the previous study, already conducted either by some other researcher or the same researcher in some other area or time period, or to gather latest information related to discover the various aspects of a market commodity. â€Å"All employees must practice the marketing concept in their everyday corporate behavior for a firm to be able to say that it is applying the marketing concept for consumer orientation, goal orientation, systems orientation and market exchange process.† (Dr. Langford, B. E.). The rapid transformations in business environment have made significant impacts on marketing research. Business environment is defined as the cultural and structural characteristics of an organization, an industry, a company or a market. In other words, the term refers to the managerial activities, departmental interactions, individual and group tasks, strategy formulation, implementation and analysis, and interaction between different branches and sections etc. The upper management and board of executives determine, review and regulate the cultural and strategic environment of an organization. The business culture is based on the management techniques devised for this purpose. â€Å"The business environment of an organization includes rituals and routines, control systems, organizational structure, power

Ethics - Morality Essay Example for Free

Ethics Morality Essay 1. Definition of Ethics It studies how man ought to behave. Ethics is a thoughtful review of how to act in the best interest of patients and their family. It is also about making good choices based on beliefs and values regarding life, health, suffering and death. Relationship of Ethics in other branches of science: * Ethics and Logic- Studies the correct and organized thinking of a man. Focused foremost on demands of materials, nonhuman world, or world of â€Å"things† in one’s environment it is people-oriented * Ethics and Psychology- Both deals with the study of man and his behavior. Studies how man ought to behave. Concerned with man’s moral obligation or the result of his behavior. It studies the human behavior from the perspective of morality. * Ethics and Sociology- Sociology deals with the study of social order and human relations in a society. Sociology is related to Ethics because Ethics deals with the study of moral orders in a society. Importance of Ethics: Ethics form the base ground of values, which differ from one culture to another. Ethics was applied in health care system, since ancient Egyptian times. A physician has moral obligations towards his patient based on physician patients relationship. The ethical principle of confidentiality confirms that patient can trust his health care provider not to disclose any information that the patient may have given in order to get cured. A current ethical issue in research involving human participants informed consent has prime importance. The subject and his guardian must have the capacity to understand the issue in question and the possible risks of treatment in the trial study. We need to do more to ensure that medical research practices are sound and ethical, and the goals of research should be secondary to the well being of the participants. The study of ethics and the study and practice of healthcare have not merged much in the past, but nevertheless ethical standards are essential to the practice of the health professions. Each professional discipline has its own code of conduct, guidelines for practice and philosophy of care to direct practice within its professional remit. There have been several international declarations of human rights within healthcare to protect patients from unethical practices that might nevertheless be portrayed to them as necessary evils in the course of scientific research and utilitarian principles – that is, the greater good. Despite the relative lack of moral philosophy and healthcare ethics in the curricula of healthcare professionals, it does not take long for anyone in clinical practice to face their first ethical dilemma about which they are called upon to make a judgment or have a view. In any healthcare system, whether organized and managed by the state or government or by the independent sector (private or non-governmental/voluntary) – or any mixture of these – moral issues will frequently be raised and should challenge the practitioner, teacher, manager or researcher. Establishing moral codes of practice between the various organizations mentioned above is important at the outset of any professional relationship or client encounter. For the practitioner the appropriate use of professional power, compared with the relative vulnerability of the lay client/patient during the first meeting, establishes the relationship for all future transactions between the two parties. In the context of progressive illness there are many occasions that will challenge this relationship as the illness trajectory takes its course. 2. Basic concepts in Ethics. Definition of Human Acts Human Acts (Actus Humani) refer to â€Å"actions that proceed from insight into the nature and purpose of one’s doing and from consent of free will†. Specifically, human acts are those actions done by a person in certain situations, which are essentially the result of his conscious knowledge, freedom and voluntariness, or consent. Hence, man performs these actions knowingly, freely, and voluntarily. Aspects of Human Acts * The Act Itself or the Object Of The Act. The act itself refers to the action that is done or performed by an agent, or simply, what the person does. This is the â€Å"substance of a moral act†, and here regarded as the basic factor of morality. More concretely, the object of the act is â€Å"that act effect which an action primarily and directly causes (finis operis). It is always necessary that the result of the act, independent of any circumstances or of the intention of the agent. † * The Motive or the Intention. The motive is the purpose that for the sake of which something is done. It is the reason behind our acting. It answers the question â€Å"why the person does what he does? †. Man normally performs an act as a means to achieve an end or goal, different from an act itself. And since the motive or intention is practically present in all human acts, it then becomes an important and integral part of morality. * The Circumstances. It refers to the various conditions outside of the act. They are not part and parcel of the act itself. Circumstances are conditions that influence, to a lesser or greater degree, the moral quality of the human act. The moral goodness or badness of an act is determined not only by the object or act itself, plus the motive or intention of the moral agent, but also on the circumstances or situation surrounding the performance of the action. Classification of Human Acts * Elicited Acts. These are actions performed by the will. (Wish, Intention, Consent, Election, Use) * Commanded acts. These are those acts done by man’s mental or bodily powers under the command of the will. (External and Internal Actions) Constituents of Human Acts * Knowledge. A human act as a deliberate act is a KNOWING ACT. No human act is possible without knowledge. * Freedom. The CAPACITY or POWER to choose between two or more courses of actions WITHOUT being forced to take one or the other by anything except our own will. * Voluntariness. A human act is a WILL- ACT. A voluntary act is different from what is merely WILLED and cannot be controlled by the will, as good or bad. Modifiers of Human Acts * Ignorance. It is the absence of necessary knowledge, which a person in a given situation, who is performing a certain act, ought to have. Ignorance therefore is a negation of knowledge. It can be classified as Vincible or Invincible Ignorance. * Passion or Concupiscence. It is here understood as a strong or powerful feeling or emotion. It refers more specifically to those bodily appetites or tendencies as experienced and expressed in such feelings as fear, love, hatred, despair, horror, sadness, anger, grief and the like. Passions are either classified as Antecedent or Consequent. * Fear. It is defined as the disturbance of the mind of a person who is confronted by an impending danger or harm to himself or loved ones. Fear may be considered a passion, which arises as an impulsive movement of avoidance of a threatening evil, ordinarily accompanied by bodily services. * Violence. It is generally referred to any physical force exerted on a person by another free agent for the purpose of compelling the said person to act against his will. * Habit. It is a constant and easy way of doing things acquired by the repetition of the same act. Habit is a lasting readiness and facility, born of frequently repeated acts, for acting in certain manner. Definition of Morality Ethics and morality are two words, which are oftentimes used interchangeably, not just in ordinary discourse and in popular media but also in academic discussions. Etymologically, the word â€Å"ethics† is derived from the Greek word â€Å"ethos†, which can be roughly translated in English as custom or a particular way and manner of acting and behaving. The Latin equivalent for custom is â€Å"mos† or â€Å"mores†. It is from this root word that the term â€Å"moral† or â€Å"morality† is derived. The two terms, ethics and morality, in this sense, therefore, have literally the same meaning. That is why ethics is usually taken synonymous with morality. Also because of this, ethics is also called morality, or more precisely, the other name of ethics is morality. Norms of Morality The general way in which a given society or group operates is largely determined by societal norms of morality. These norms are composed of the rules by which people are supposed to operate within that society, and these rules can be explicit or implicit. According to the definition of societal norms of morality, they are subject to change from society to society and age to age. If a particular social norm becomes unpopular, it ceases to be a social norm. There are, of course, some societal norms that are viewed with differing perspectives even within a society. Because of this, any given society can be broken down into further subgroups that share a more common set of societal norms. This process can, in theory, continue all the way to the individual level, at which point it ceases due to the obvious need for more than one person to constitute a group. Understanding and adhering to social norms begins at birth, and most of these social norms are so ingrained within an individual that it is difficult to see that they exist. Formal social norms are quite easy to spot, of course, because they are recorded in some way and require a specific punishment if they are not followed. Informal social norms make up the vast majority of social norms, however, and are much easier to miss. They take the form of folkways, which are rather informal norms that are ordinarily followed, but do not carry great consequences when broken, and mores, which are also informal, but carry great consequences when broken. The development of social norms is inevitable, and the pressure to conform to them is great. There are occasions upon which the larger group conforms to the norms of the individual or a small group, but it is far more likely that the individual or small group will conform to the norms of those in the majority. It is important to be aware of social norms so that the actions an individual can determine which social norms are worthy of challenging and which serve a useful purpose. Many of these social norms will not ever be noticed because they are a core part of each person, but it is still useful to reflect upon those which can be noticed. Determinants of Morality The factors in human conduct that determine whether it is good or bad. There are three such determinants of morality, namely the object, the end, and the circumstances. By object is meant what the free will chooses to doin thought, word, or deed-or chooses not to do. Be end is meant the purpose for which the act is willed, which may be the act itself (as one of loving God) or some other purpose for which a person acts (as reading to learn). In either case, the end is the motive or the reason why an action is performed. By circumstances are meant all the elements that surround a human action and affect its morality without belonging to its essence. A convenient listing of these circumstances is to ask: who? Where? How? How much? By what means? How often? Some circumstances so affect the morality of an action as to change its species, as stealing a consecrated object becomes sacrilege and lying under oath is perjury. Other circumstances change the degree of goodness or badness of an act. In bad acts they are called aggravating circumstances, as the amount of money a person steals. To be morally good, a human act must agree with the norm of morality on all three counts: in its nature, its motive, and its circumstances. Departure from any of these makes the action morally wrong. Definition of Rights. Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are often considered fundamental to civilization, being regarded as established pillars of society and culture and the history of social conflicts can be found in the history of each right and its development. According to the Stanford Encyclopedia of Philosophy, rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived. The connection between rights and struggle cannot be overstated — rights are not as much granted or endowed as they are fought for and claimed, and the essence of struggles past and ancient are encoded in the spirit of current concepts of rights and their modern formulations. Definition of Duties. A duty to use care toward others that would be exercised by an ordinarily reasonable and prudent person in order to protect them from unnecessary risk of harm in a typical medical malpractice lawsuit, the plaintiff has the burden of proof to show that the physician had a legal duty of care to the patient, that the physician breached that duty, and that the breach caused injury to the plaintiff. Divisions of Duties An appropriate division of duties is the first basic principle of internal control. Remember, the basic point is that no single person should handle a transaction from beginning to end. The primary reason is to prevent an individual from having enough control over a transaction to where errors and/or irregularities can occur and go undetected for extended periods of time. An appropriate division of duties should also produce warning signals when errors and /or irregularities do occur. It is important to keep in mind that a good division of duties does not guarantee that things will operate, as they should. This is because two or more people can be involved in wrongdoing (i. e. collusion). Unannounced rotation of job duties and surprise audits can help reduce the chances of collusion. 3. Disablement Terminologies Disability * Inability to function normally, physically or mentally; incapacity. * Inability to pursue an occupation because of physical or mental impairment * The term disability summarizes a great number of different functional limitations occurring in any population in any country, of the world. People may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature. Functional Limitation * Any health problem that prevents a person from completing a range of tasks, whether simple or complex. Handicap * A disadvantage for the given individual resulting from impairment or a disability that limits or prevents the fulfillment of a task that is normal in that individual. * A disadvantage that makes achievement unusually difficult. * The term handicap means the loss or limitation of opportunities to take part in the life of the community on an equal level with others. It describes the encounter between the person with a disability and the environment. The purpose of this term is to emphasize the focus on the shortcomings in the environment and in many organized activities in society, for example, information, communication and education, which prevent persons with disabilities from participating on equal terms. Impairment (Indirect and Composite) * To cause to diminish, as in strength, value, or quality: an injury that impaired my hearing a severe storm impairing communications. * Any abnormality of, partial or complete loss of, or loss of the function of, a body part, organ, or system. * An injury, illness, or congenital condition that causes or is likely to cause a loss or difference of physiological or psychological function.

Physiology Of Human Bones And Joints Biology Essay

Physiology Of Human Bones And Joints Biology Essay This includes all the physical and chemical processes that go on inside living things and that are necessary for proper functioning of the body. Physiology is closely related to anatomy, the study of different organs in a body and their relative positioning. This is because an understanding of functions of body parts requires a prior understanding of how the body is built. Human physiology is the specific study of the workings of the human body. The organ system approach is usually employed to study human physiology, including that of the bones and joints. Organ systems are a group of cells, tissues, and organs with a particular function. Organ Systems The human body consists of the following organ systems:  [2]   Musculoskeletal System This system consists of bones of the skeleton, joints, muscles, connective tissue, ligaments, tendon, and cartilage. The musculoskeletal system provides a framework for the body, protects many critical organs, and facilitates movements of movable body parts. Nervous System This system is there for transmission of signals between different parts of the body for coordination of body movement. The nervous system comprises the brain, spinal cord, sensory cells called neurons or nerve cells, and nerves that connect these sensory cells. Cardiovascular System This system includes heart, blood, and blood vessels. It supplies nutrients to all parts of the body through blood. The system works in close conjunction with the respiratory system. Respiratory System This system consists of the lungs, air passages, and respiratory muscles. It arranges for oxygenation of blood and release of carbon dioxide from blood. Endocrine System This system is made up of numerous glands, each secreting some hormone. These hormones are released directly into the bloodstream for regulation of the bodys metabolism. This organ system includes glands such as the pituitary gland, adrenal gland, thyroid gland, pineal gland, pancreas, and thymus. The pancreas is also a part of the digestive system and functions as an endocrine as well as exocrine gland. Digestive System This system absorbs nutrients from consumed food and disposes waste. It consists of the mouth, esophagus, stomach, small intestine, large intestine, rectum, and anus. The liver and pancreas, which secrete digestive juices, are also part of this system. This system works in active collaboration with the nervous system and the cardiovascular system. Urinary System This system produces, stores, and disposes urine. It is made up of two kidneys, two ureters, one bladder, and a urethra. Reproductive System The reproductive system is involved with the production of reproductive cells. It also provides a mechanism through which these cells are combined. This system consists of external genitalia as well as organs that produce the reproductive cells. Immune System The immune system protects the body against disease. It includes bone marrow, white blood cells, lymph system, antibodies, spleen, and thymus. Integumentary System This system safeguards the body from damage and comprises of the skin and appendages of the skin such as nails and hair. The study of human physiology includes an exhaustive focus on all these systems. This study has to be combined with a fundamental understanding of the molecular, cellular, and tissue level principles that form the basis of the functions of these systems. Proper functioning of the human body requires all these systems to work smoothly. The overall health of the human body is determined by the efficiency of the collective or integrated working of all these systems. An important concept in physiology is homeostasis. This refers to the maintenance of certain physiological parameters within a narrow range despite frequent changes in the external environment. Such a control is essential for proper functioning of all the organ systems. The physiological parameters that need to be kept within limits include body temperature and concentration of electrolytes and glucose in the cells. Physiology Explained Origins of the Term Physio The term physio is derived from the Greek word phusis, meaning nature, and was used by people of ancient Greece around 1000 B.C. The word phusis is also said to refer to the Greek goddesses of nature who maintained the balance of nature. The term also implied normality as opposed to something that is monstrous or perverse.  [3]   Differences Considerable physiological differences exist between humans, other animals, and microorganisms. These differences can usually be ascribed to the process of evolution. Darwins theory of evolution proposes that all life on earth started from a single-celled organism that slowly diversified into numerous species. In order to adapt to the surroundings, the physiology of organisms changed slowly. Different climatic conditions triggered different type of changes and, over the centuries, led to the development of varied life forms. Humans have an average brain-to-body mass ratio of 1:40 that is exceeded only by small birds (1:12). This highly developed brain is said to be the reason why humans are more intelligent than other animals. Such a brain is also the reason why humans have a longer memory than most other animals. Usually, animals beyond the human species live in the moment and are, therefore, free from emotions such as spite, guilt, and self-consciousness. Fingers and Legs The thumb is most developed in people. During evolution, Man felt greater need for the thumb and hence it developed better than in other species. The thumb adds a whole new dimension to the activities that humans can perform. People could make and use tools and advance scientifically because of the thumb. While a superbly developed brain provides the arthritis patient with ideas, the thumb helps in the conversion of some of these ideas into practice. Humans walk on two hind legs while most other animals walk on all four legs.  [4]  Certain types of monkeys do walk on two legs, but that is not their normal mode of mobility. This feature provides the arthritis victim with an erect posture and frees their hands for other, more important activities. This is also the reason why humans have a running speed lower than most other animals of a comparable size. Cardiovascular, Communication, and Sensual Differences The number of chambers in the heart vary among animals. Humans have four chambers, reptiles usually three (except crocodiles that have four chambers), fishes have two, and so on. Moreover, communication skills are very highly developed in humans as compared to other animals. Man is the only animal capable of articulate and coherent speech as opposed to certain sounds and gestures made by animals that can convey their emotions only in a broad sense. As compared to many other animals, humans have an inferior sense of smell, eyesight, and hearing. During the course of evolution, humans made steady progress and started to tailor their environment to their needs. In a partly customized environment, the necessity of these senses declined as compared to when humans lived in open and, often, unprotected environments. Microbiological Differences Humans and animals have numerous organs that are a collection of many cells and tissues. Each organ has some function(s). This specialization is either absent or limited in microorganisms as the number of cells is limited. Organ systems such as musculoskeletal system, nervous system, and cardiovascular system are usually absent in the bodies of microorganisms. Many microorganisms are capable of rapid reproduction when the temperatures are moderately high. This rate is very high as compared to humans and most other animals, and the reproduction activity slows down in cold environments. Microbes such as bacteria can freely exchange genes with other similar species leading to quick mutation and evolution. This process of horizontal gene transfer poses great challenges for medical science as the variant species can resist even targeted medication. Reproduction in microbes can be asexual, sexual or both.  [5]  Fungi reproduce asexually while bacteria can re produce in both ways. Barring a few exceptions, most animals reproduce sexually. It is the sexual reproduction in bacteria that can lead to mutation and associated problems for medical science. This process is called conjugation and involves transfer of DNA from one bacterium to another via a thread type structure known as pilus. Such a transfer enables the bacteria to pass characteristics and leads to the formation of a varied species capable of survival in newer, more hostile environments. Normal Functions of Bones and Joints Purpose of Bones All the bones and joints in the body form the skeletal system that is inherently linked with muscles to form the musculoskeletal organ system. The skeletal system serves three fundamental functions.  [6]  As noted from chapter three, the skeletal system supports all the other organ systems of the body by providing a framework of bones and joints on and inside which other organ systems are rested. This structure also provides shape to the body. Bones provide protection from internal organs such as brain, lungs, uterus and others. This is a notable function and, therefore, merits a somewhat detailed treatment: The skull encases the brain and protects the eyes and the middle and inner ears. The sternum, rib cage, and spine shield the heart, lungs, and prominent blood vessels. The vertebral column forms a covering around the spinal cord. The spine and ilium safeguards the hip and the digestive and urogenital systems. Movement Movement is provided by bones in combination with attached muscles. Skeletal muscles operate in pairs and when one relaxes, the other simply contracts. An example is the bicep-triceps combination. When the arm is stretched, the bicep relaxes with contraction of the triceps and vice versa. Many times, bones provide leverage by amplifying the magnitude and changing the direction of force generated by the muscles. Impaired Bone Health Overview of Consequences Unhealthy bones are unable to perform all or any of their functions of support, movement, protection, production of blood cells, and acting as a reservoir and dumping locations respectively for useful and toxic minerals. Bone disease is a generic term for disorders related to bones that make bones weak and brittle and, therefore, more likely to break. Sources for bone disorders include heredity, nutritional deficiencies, injuries, and infections. The general effects are a pronounced decrease in the quality of life due to the inability to move efficiently and due to frequent bone injuries and possibly fractures. Premature death can result in extreme cases. Infectious Arthritis This can result in people with weak joints. The source is a fungal, viral, or bacterial infection in such joints and the symptoms include swelling and redness around the joint, joint pain, and fever. The infection is transferred through blood or can be a result of injury, surgery, or injection. Infectious arthritis is discussed further in chapter 19. Rickets This is found in children and is due to vitamin D deficiency. It makes the bones weak and soft. The effects include restricted movements with bone and muscle pain. Low bone density is due to insufficient development of bone mass during childhood. This can aggravate into osteoporosis later on in life.  [7]   Bone Cancer This affects the normal functioning of bone cells and tissues. Usually, cancer in the bone is a result of spread of cancerous cells to bones from another part of the body. Very rarely does bone cancer originate in bone cells. There are different types of bone cancers that affect bone cells, cartilage cells, and the bone marrow. Symptoms include swelling, pain, and weak bones; fatigue, unexplained weight loss, night sweats, and chills. This disorder can assume serious proportions if it affects a load-bearing bone such as the femur, forcing the patient to use a wheelchair for considerable duration of the treatment. Pagets Disease This bone disease interrupts the cycle of continuous breakdown and rebuilding of bones. Severe pain and swelling in joints are the symptoms of this disorder that can enlarge and weaken the bones. This can intensify into other disorders such as deafness and arthritis. Osteogenesis Imperfecta (OI) This is a genetic disease that causes bones to break easily and other conditions such as curved spine, weak muscles, brittle teeth, and hearing loss. The disease causing gene is inherited and affects the development of collagen a protein that in turn affects bone development. Fibrous Dysplasia This results in replacement of bones with fibrous tissue, thereby causing excessive growth and swelling of bones. Weak bones affect the ability to walk and the disorder can also cause endocrine problems. The reason this disorder inspires a certain degree of awe is because the cause is unknown, it cannot be prevented, and cure only aims to mitigate the adverse effects. Osgood-Schlatter Disease This malady affects the area where the knee cap and tibia (shinbone) are connected. The disease is more likely to affect adolescents and causes swelling, tenderness, and pain in the affected area. The pain can range from mild to severe and from occasional to constant. Physiology of Joints Purpose of Joints Joints are those locations where two or more bones are attached. Joints provide connectivity between different bones of the body. The fact that almost all bones are connected to form the skeletal system and that the muscles are connected to the skeleton ensures coordination of movement between different parts of the body. This connectivity integrates all the body parts into one whole entity. Joints facilitate movement through contraction and relaxation of muscles. Purposeful movement is fundamental to animal behavior and enables them to execute all activities necessary for survival, leisure, and reproduction. A certain amount of flexibility is lent to the skeletal structure by joints, which also serve as shock absorbers. Evolution has lent different structure to different types of joints in different animals. However, their essential functions remain unchanged. An example is the joints in the hind legs of land based carnivores that are designed for pouncing on prey. This is why they can jump high by using their hind legs. At the other end of the spectrum are the herbivores with bones and joints of hind legs designed for high speed. The joints of monkeys are designed for quick climbing and rapid movement among trees. Reptile joints enable them to crawl and pounce at high speeds. All members of the cat family except the cheetah have retractable claws. The claws are made so as they are joined to the last phalange that can move forward or backward along a curvilinear path. This mechanism prevents unnecessary wearing of claws. The claws are voluntarily unsheathed only during hunting and serious fighting. The cheetah is designed for high speed and requires the claws to be continuously unsheathed in order to gain and maintain traction while sprinting. Even among carnivores, joints serve slightly different functions. Members of the dog family have joints compatible for a prolonged chase. Their hunting strategy involves wearing down the prey. Cats are ambush hunters. Their joints are stronger and capable of sudden acceleration for bringing down the prey suddenly. This would also mean greater shock absorbing capacity of their joints, although they are not suited for endurance. In humans, all joints can provide movement except the bones of the cranium. These cover the brain and are not capable of movement for obvious reasons. The human palm has a peculiar structure where the thumb provides exceptional gripping ability. Such a structure is absent in all the other animals and bestows humans with the capacity to execute a whole range of specialized activities. Joints in the human body can be classified on the basis of type of movement that they provide physiologically: Hinge joints facilitate movement similar to that of a hinged door along one axis only. They allow up-or-down movement but not from side to side. Examples of such joints are the elbow, knee, and the upper and lower jaw. Ball and socket joints allow movement in all directions upwards, downwards, and sideways. The shoulder is an example of such a joint. Another example is the acetabulam or the hip joint where the thigh bone is connected to the pelvis. Pivot joints permit pivotal movement of one part about the other. An example of this type of joint is the movement of the skull about the backbone where the skull can rotate about the topmost bone of the backbone. Gliding Joint is characterized by gliding movement of one bone / part over the other. The wrist joint is an example of such a joint. Joints can also be classified according to the mechanism that holds the bones together at the joint. Application of this criterion renders the following types of joints.  [8]   Fibrous or immovable joints are held together by ligaments only. Examples of such joints are the radioulnar and tibiofibular joints, the joints of bones inside the forearm and shin, respectively. Cartilaginous joints are where the connection between bones is provided by cartilage. An example is the joints between the vertebrae. Synovial joints are held together by a synovial capsule that is made from the protein collagen. The inner layer of this capsule is known as the synovial membrane and it secretes a lubricant called synovial fluid. Furthermore, there is a hyaline cartilage that pads the ends of the bones in these joints. Synovial joints can be hinge joints, ball and socket joints, pivot joints, or gliding joints. They can also be saddle type or condyloid type. Different finger bones of the same finger are joined by a saddle joint while condyloid joints join the metacarpal bones to the first phalanges. Developmental Aspects of Male and Female Bones Overall Bone Similarities When it comes to bones and joints, considerable similarities exist between the framework of males and females. As a matter of fact, the skeletons of all primates exhibit certain generic features such as a large brain, highly developed fingers and thumb, generalized pattern of teeth, forward facing eyes, and bony eye sockets. The following points of resemblance are observed between the human male and human female skeleton. Both have exactly the same number of bones: 206. Same number of bones also means the same number of joints, although the precise number of joints in the human body is a matter of debate in view of differences in opinion on what constitutes a joint. An inclusive estimate indicates to the presence of about 250 to 350 joints in the human body. The shape of most bones in the male and female skeleton is similar, although some bones are differently shaped in view of the different roles of males and females. The femur or the thigh bone is the longest and strongest bone in both human males and human females. Stirrup or stapes is the smallest bone in the human skeleton irrespective of gender. This bone is located in the middle ear and its average size ranges between 0.25 cm to 0.33 cm. The average human bone density is around 1500 kg/m3 for a normal, healthy adult, although males have slightly higher bone density than women. Here again, different researchers have obtained varying results rang ing between 1000 kg/m3 to 1900 kg/m3. With this, the human skeleton comprises a significant percent of the total body weight. Exceptions Certain peculiarities or exceptions are common to the male and female skeletons. The presence of fused bones in the cranium and pelvis serves as an example here. These bones are not connected through joints but fit into each other the way pieces of a jigsaw puzzle do. The three bones in the middle ear, collectively referred to as ossicles, connect only with each other. The hyoid bone located in the neck serves as a connection point for the tongue. It is not connected to any bone in the skeleton. It is held in position only by muscles and ligaments. Overall Bone Differences Different hormones affect the development of bones in males and females and this is the primary reason for bone differences. Testosterone is the main hormone that affects bone development in males while estrogen does the same for females.  [9]  The differences between male and female skeletons can be better understood when seen in the context of differences in race, lifestyle, and physical activity. When comparisons are made between males and females of the same race and with comparable lifestyles, the following points of differences can be observed. In Relation to Childbirth There are two differences in relation to the process of childbirth covered in the precedingchapter. Females have a more movable coccyx or tailbone and a wider and flatter sacrum connected to the pelvis. The coccyx is the last bone of the backbone and sacrum is similarly located near the end of the spinal column. Such a structure allows the head and shoulders of the fetus to pass through the cavity during childbirth. Bones that make up the arms and legs are thicker, longer and, therefore, stronger in case of males. Bones in the arm include the humerus that supports the bicep, radius, and the ulna that support the forearm. Males possess relatively larger phalanges or finger bones. Size Male skeletons are usually larger and heavier than female skeletons. Traditionally, men have assumed the responsibility of hunting, gathering, and working outdoors while women have been assigned to domestic responsibilities and childbearing. Men, therefore, have traditionally needed more strength and this explains the strength-related differences in the male and female skeletons. Face The facial bone structure in males and females is different on account of difference in the structure of the skull. Men have more developed bulge at the back of the head and more noticeable brow ridges. The chin area of men is more angular and square as compared to female chins that are pointed and more rounded. Spine Length and Others The length of spine in women is shorter as compared to men. The shorter spine creates an illusion of female legs being longer than that of males. Other differences include a narrower rib cage, more rounded shoulder blades, and smaller teeth in the female skeleton. Developmental Aspects of Male and Female Joints Overall Similarities Human male and female joints have certain common features. The first similarity is the number of joints. Since the number of bones in the bodies of males and females is same, the number of joints is also same. The number of joints is between 250 to 350.  [10]  There is no exact number due to lack of unanimity on what precisely constitutes a joint. Another prominent similarity is the types of joints. Both males and females have the same types of joints according to the mechanism for holding joints together. The functions of most of the joints in males and females are similar. This point of similarity is a natural corollary to there being equal number and same type of joints. Differences Men have broader shoulders and smaller waists while women have wider hips and narrower shoulders. This makes the angles of muscle alignment and tendon attachment different in the joints of males and females.  [11]  Female joints are, on an average, more flexible and have a greater range of movement than male joints.  [12]  This is due to women having a lower center of gravity due to wider hips and greater distribution of weight around the hips and thighs. On account of this significant point, the following dissimilarities are observed: 1) It is easier for women to perform mobility exercises and exhibit actions such as hurdling and the fosbury flop during high jump, while; 2) men are better at events such as long jump, shot put, and hammer throw; 3) the said feature also makes women less susceptible to injuries during the execution of jumps over hurdles, but on the downside, this feature lowers the efficiency of the muscle pull and makes women more prone to muscle injuries and 4) elbows and ankles in the male skeleton are smaller and have a smaller carrying angle as compared to female skeletons. This makes male elbows and ankles stronger. Analysis Physiology is the study of functions of different organs and organ systems in the human body, which body consists of ten organ systems. The bodys overall health is determined by how well these systems function collectively. People are the apex creatures on this planet on account of their highly developed brain, thumb, and communication. The skeletal system consisting of bones and joints is the physical foundation on which other organ systems of the body are rested. It also protects different organs in the body and with the attached muscle system forms the musculoskeletal system that facilitates movement of movable body parts. Due to differences in their biological roles, bones and joints of men and women are slightly different. Men have broader shoulders while women have wider hips. This provides a lower center of gravity for women with greater joint flexibility and better coordination of movement. The same feature, however, makes women more prone to muscle injuries.

British Telecom Essay -- GCSE Business Management Studies Essays

British Telecom My aim in this investigation is to discuss whether or not British Telecom has successfully grown and developed since its Privatisation to compete on a world scale. In addition to this has it any long-term strategies for future growth and development of products. According to the 1996 Budget Red Book, more than 50 major businesses have been privatised since 1979 and the state owned sector of industry has been reduced be two-thirds. British Telecom was privatised in 1984, with no major restructuring. This meant that a public monopoly was transferred directly into private hands, this natural monopoly benefited from having economies of scale. Of course this move had it's advantages but there were also disadvantages. These were mainly among the staff who now had much less of an 'easy time' in work. Not only this but as a result of privatisation the company obviously became cost effective and jobs were lost in order to reduce costs. 'Privatisation is seen as a way of reasserting consumer sovereignty, raising standards of provision, of increasing efficiency and of reducing costs.' There are many reasons to why the Government chose a course of denationalisation. State monopolies create inefficiency, are poor in innovation and restrict consumer choice; instead of the consumer being sovereign, power has been transferred to the state and its bureaucracies. Before privatisation all nationalised companies had to have their expenditure passed by the Treasury, because of this they found it difficult to raise money. During these years almost 250,000 people who wanted a new phone line couldn't get them and BT didn't know what to charge the people who did have them. Privatisation gave companies t... ...nge' from Mercury and have seen their share price rise from an initial 130p back in 1984 to an incredible 1351p now. BT, while being a natural monopoly in Britain realise that their position is being challenged. Although their share of the land-line market has still nearly been all encompassing they have seen that the market as a whole decrease as almost half of the UK population have gone out and bought mobile phones. In answer to this threat BT have taken up a strong position in the mobile phone market themselves, competing alongside the big guns such as Orange and Vodafone. Through several acquisitions they have established themselves as a leading company with 7 million UK customers and very sound plans for the future, which they see as being a unification of the latest mobile phone technology along with the immense power the Internet has to offer.

The Relationships Between Quaker, The Company, And Semiotics :: essays research papers

The Relationships Between Quaker, The Company, and Semiotics For my presentation I have looked at one of Peterborough's oldest and biggest manufacturer, The Quaker company. More specifically the outside and inside of the building. As I was driving towards the building I thought, what was so significant about the Quaker building and how could a picture of a Quaker be so significant in today's culture. I also thought that this whole image of Quaker could not be that overwhelming, however, with great embarrassment I was completely mistaken. This one business and more specifically building has so many signified meanings and linguistic meanings that I did not no where to start from. When I stood at the foot of the hill of the Quaker building I was overwhelmed by the enormous size of it and how it sits on a hill overlooking the north end of downtown Peterborough. I started to think that this is the signifier, it's big and it's on a hill. Now if you think about this for a minute you begin to realize that simply the size and position of this building has many meanings, which are of course subconsciously. The Quaker building has many meanings and therefore the signified list is very long, but first we will look at the signifier. The sign is the word Quaker, plain and simple, and the signifier is Q-u-a-k-e-r. However the word Quaker is not just a word, it means many, many things, which is where the signified comes in. The actual building is huge, which gave me the feeling that they are a successful company and that their product must be all over the world. The building is also white brick. This, without even knowing it gives you a feeling of safety and purity(just as their products should be). Then there is the fact that it is situated on the top of a hill, when you put meaning to this, there is the feeling of greatness and domination. In my opinion these meanings or signified's work like a funnel, they all at first have nothing to do with each other, but when you put them together they all funnel into one thing, a marketing ploy to buy their product. My point is, that they new exactly where to place theirbuilding and what colour to paint it for the sole purpose of selling their products. They new what meanings people would pull from these signs and signifiers. When looking at the word Quaker you get a feeling of comfort. It gives an impression of going back to past times where morals and family values were at

The Progressive Period Essay -- American Government, Roosevelt, Politi

In 1901, America welcomed the youngest president to ever rule, President Theodore Roosevelt. At forty-two years old, the former New York governor dominated the news unlike any previous president had done. His many exploits, such as boxing and horseback riding, led the press to gain interest in him. Known for being very outgoing and likable, Roosevelt used his personality and popularity to advance in his programs. â€Å"His leadership and publicity campaigns helped create the modern presidency, making him a model by which all future presidents would be measured†(524). He felt that the government should take control when states show incompetence in dealing with problems. Roosevelt saw the presidency as a â€Å"bully pulpit.† He believed he could use the media to persuade the public, rather than going to congress. â€Å"By 1900, trusts-legal bodies created to hold stock in many companies-controlled about four-fifths of the industries in the United States†(525). Some trusts used unfair business practices. This gave trusts a bad reputation. There were many trusts that lowered their prices to drive competitors out of the market. These trusts then took advantage of the lack of competition and jacked prices up even higher. Even though Congress passed the Sherman Anti Trust Act in 1890, the act’s indistinct language made enforcement difficult. â€Å"President Roosevelt did not believe that all trusts were harmful, but he sought to curb the actions of those that hurt the public interest†(525). The president’s main focus was filing suits under the Sherman Antitrust Act. Roosevelt made newspaper headlines in 1902 when he ordered the Justice Department to sue the Northern Securities Company, which established a monopoly over northwestern railroads. The Suprem... ...air business practices. The FTC issued over 400 cease and desist orders. Under Taft’s administration, the LaFollette Seamen’s Act was passed in 1915. This law helped improve conditions for sailors in the merchant marine considerably. In 1916 goods manufactured by children were outlawed due to the Keating-Owen Child Labor Act. Child labor was declared unconstitutional in 1918, as was the Chile Labor Act of 1919. Interstate railroads were provided an 8-hour day by the Adamson Act of 1916. The Smith-Lever Act was passed in 1914 during Taft’s presidency. Under the supervision of the Department of Agriculture, this act granted Federal funds to states for farm extension work. Two years later, the Federal Farm Loan Act was passed in 1916, providing farmers with long-term credit facilities similar to those granted business and industry under the Federal Reserve Act.

Judicial review

We repeat these answers here as a convenience to you. IA Judicial review The courts can decide whether the laws or actions of the legislative and executive branches of government are constitutional. The process for making this determination is judicial review.The doctrine of judicial review was established in 1803 when the United States Supreme Court decided Mammary . Madison. AAA Jurisdiction To hear a case, a court must have jurisdiction over the person against whom the suit is brought or over the property involved in the suit. The court must also have jurisdiction over the subject matter. Generally, courts apply a â€Å"sliding-scale† standard to determine when it is proper to exercise jurisdiction over a defendant whose only connection with the jurisdiction is the Internet. A Trial and appellate courts A trial court is a court in which a lawsuit begins, a trial takes place, and evidence is presented. An appellate court reviews the rulings of trial court, on appeal from a j udgment or order of the lower court. AAA Discovery Discovery is the process of obtaining information and evidence about a case from the other party or third parties. Discovery entails gaining access to witnesses, documents, records, and other types of evidence. Electronic discovery differs in its subject-?that is, e-media rather than traditional sources of information, such as paper documents. A Alternative dispute resolution The traditional method of resolving a legal dispute is through litigation. Alternative methods include negotiation, mediation, and arbitration. In negotiation, the parties attempt to settle their dispute informally without the involvement of a third party acting as mediator. In mediation, the parties attempt to come to an agreement with the assistance of a neutral third party, a mediator, who does not, however, make a decision in the dispute. In arbitration, a neutral third party or a panel of experts hears a dispute and renders a decision.Answers to Critical T hinking Questions in the Features Beyond Our Borders-?critical Thinking (Page 76) One of the arguments against allowing Shari courts in the United States is hat We would no longer have a common legal framework within our society. Do you agree or disagree? Why? Arguments in favor of allowing Shari courts-?or at least permitting the application of Shari principles in disputes in U. S. Courts or in alternative methods of dispute resolution-?include the legal and cultural principle of giving effect to agreements.If the parties to a dispute have agreed to a certain set of standards to govern their situation, those standards could be applied. This would not undercut our common legal framework, but reinforce it. Arguments against allowing Shari courts or reminisces in the United States would most likely center on the conflicts between Shari tribunals and standards and state or federal authority, governmental bodies, or law. Adapting the Law to the Online Environment-?critical Thinking (Pag e 83) How might a large company protect itself from allegations that it intentionally failed to preserve electronic data?A corporation might defend against charges of intentional destruction or loss of data by showing, for example, that the absence is due to the implementation of a policy to periodically purge electronic systems. Such charges might be avoided by not destroying he data but instead storing it. Questions in the Cases Case 3. 1 -?Critical Thinking (Page 69) Ethical Consideration Was it fair for the North Carolina courts to require a New Jersey company to litigate in North Carolina? Explain. Yes, it was fair to require Independence to litigate in North Carolina.The courts ruling did not offend â€Å"traditional notions of fair play and substantial justice† because Independence purposely availed itself of the privilege of doing business in North Carolina. Independence had engaged in numerous transactions with Southern for a year and had billed Southern for services in amounts totaling ore than $21,000. Therefore, Independence should have expected to be hailed into court in North Carolina in the event of a dispute. Case 3. 2-?What If the Facts Were Different? Page 73) Suppose Gucci had not presented evidence that the defendant made one actual sale through his Web site to a resident of the court's district (the private investigator). Would the court still have found that it had personal jurisdiction over Hugging? Why or why not? The single sale to a resident of the district, Gucci private investigator, helped the plaintiff establish that the defendant ‘s Web site was interactive and that the defendant used the Web tit to sell goods to residents in the court's district.It is possible that without proof of such a sale, the court would not have found that it had personal jurisdiction over the foreign defendant. The reason is that courts cannot exercise jurisdiction over foreign defendants unless they can show the defendants had minimum conta cts with the forum, such as by selling goods within the forum. Case 3. 3-?Critical Thinking (Page 90) gal Consideration How would business be affected if each state could pass a statute, like the one in Texas, allowing parties to void out-of-state arbitration?If all states could pass statutes like the one in Texas, many parties would probably be less inclined to transact business. An arbitration provision allows a party to limit the burden and expense of settling any disputes. If another party could freely void such an agreement, there would be a greater risk of arbitration in an inconvenient forum, costly formal litigation, or both. That risk increases the perceived costs of doing business, making the business opportunity less attractive. Thus, many parties may decline to enter contracts without enforceable arbitration provisions.Answers to Questions in the Reviewing Feature t the End of the Chapter IA. Federal jurisdiction The federal district court can exercise jurisdiction in th is case because the case involves diversity of citizenship. Diversity jurisdiction requires that the plaintiff and defendant be from different states and that the dollar amount of the controversy exceed $75,000. Here, Garner resides in Illinois, and Foreman and his manager live in Texas. Because the dispute involved the promotion of a series of boxing matches with George Foreman, the amount in controversy likely exceeded the required threshold amount. A. Original or appellate jurisdiction Original jurisdiction, because the case was initiated in that court and that is where the trial will take place. Courts having original jurisdiction are courts of the first instance, or trial courts-?that is courts in which lawsuits begin, trials take place, and evidence is presented. In the federal court system, the district courts are the trial courts, so the federal district court has original jurisdiction. AAA. Jurisdiction in Illinois No, because the defendants lacked minimum contacts with the state of Illinois.Because the defendants were located out of the state, the court would eave to determine whether they had sufficient contacts with the State for the Illinois to exercise jurisdiction based on a long arm statute. Here, the defendants never came to Illinois, and the contract that they are alleged to have breached was not formed in Illinois. Thus, it is unlikely that an Illinois state court would find that sufficient minimum contacts existed to exercise AAA. Jurisdiction in Nevada Yes, because the defendants met with Garner and formed a contract in the state of Nevada.A state can exercise jurisdiction over out-of-state defendants under a long arm statute if the defendants had sufficient contacts with the State. Here, the parties met and negotiated their contract in Nevada, and a court would likely hold that these activities were sufficient to justify a Nevada courts exercising personal jurisdiction. Answer to Debate This Question in the Reviewing Feature at the End of the Chapter In this age of the Internet, when people communicate via e-mail, tweets, Backbone, and Keep, is the concept of jurisdiction losing its meaning?Many believe that yes, the idea of determining jurisdiction based on individuals' and companies' physical locations no longer has much meaning. Increasingly, entrants are formed via online communications. Does it matter where one Of the parties has a physical presence? Does it matter where the e-mail server or Web page server is located? Probably not. In contrast, in one sense, jurisdiction still has to be decided when conflicts arise. Slowly, but ever so surely, courts are developing rules to determine where jurisdiction lies when one or both parties used online systems to sell or buy goods or services.In the final analysis, a specific court in a specific physical location has to try each case. Answers to Issue Spotters in the Example Feature at the End of the Chapter IA Sue contracts with Tom to deliver a quantity of computers to Cue's Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. Fifth dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case?Explain. Yes. Submission of the dispute to mediation or nonbinding arbitration is mandatory, but compliance with the decision Of the mediator or arbitrator is voluntary. A At the trial, after Sue calls her witnesses, offers her evidence, and otherwise presents her side of the case, Tom has at least two choices between courses of actions. Tom can call his first witness. What else might he do? Tom could file a motion for a directed verdict. This motion asks the judge to direct a verdict for Tom on the ground that Sue presented no evidence that would justify granting Jan relief.The judge grants the motion if there is insufficient evidence to raise an issue of fact. Answers to Questions and Case Problems Business Scenarios and Case Problems 3-1 A Standing to sue (BELT page 73) This problem concerns standing to sue. As you read in the chapter, to have standing to sue, a party must have a legally protected, tangible interest at stake. The party must show that he or she has been injured, or is likely to be injured, by the actions of the party that he or she seeks to sue. In this problem, the issue is whether the Turns had been injured, or were likely to be injured, by the county's landfill operations.Clearly, one could argue that the injuries that the Turns complained of directly resulted from the county's violations of environmental laws while operating the landfill. The Turns ivied directly across from the landfill, and they were experiencing the specific types of harms (fires, scavenger problems, groundwater contamination) that those laws were enacted to address. Thus, the Turns would have st anding to bring their suit. 3-?AAA Question with Sample Answer-?jurisdiction Marry can bring suit in all three courts. The trucking firm did business in Florida, and the accident occurred there.Thus, the state of Florida would have jurisdiction over the defendant. Because the firm was headquartered in Georgia and had its principal place of business in that state, Marry could also sue in a Georgia court. Finally, because the amount in controversy exceeds $75,000, the suit could be brought in federal court on the basis of diversity of citizenship. 3-AAA Discovery (BITE pages 81-82) Under the work-product rule, attorneys are allowed to protect information that they have gathered as a result of their own skill and diligence.For example, an attorney for a party involved in an auto accident can go out to the scene of the accident and observe the fact that there is a stop sign missing without being under any obligation to divulge such information to his opponent in the lawsuit. Similarly, an attorney who discovers a recently ecocide case decision supporting his or her theory is under no obligation to share this discovery with the opposing attorney. If attorneys had to share everything, they would be less inclined to expend efforts on behalf of their clients because, in essence, they would be working for both sides at once. -?AAA Case Problem with Sample Answer-?Arbitration Based on a recent holding by the Washington state supreme court, the federal appeals court held that the arbitration provision was unconscionable (see page 296 in Chapter 1 1) and therefore invalid. Because it was invalid, the restriction on class-action suits was also invalid. The state court reasoned that by offering a contract that restricted class actions and required arbitration, the company had improperly stripped consumers of rights they would normally have to attack certain industry practices.Class-action suits are often brought in cases of deceptive or unfair industry practices when the lo sses suffered by an individual consumer are too small to warrant a consumer suing. In this case, the alleged added cell phone fees are so small that no one consumer would be likely to litigate or arbitrate the matter due to the expenses involved. Because the arbitration agreement eliminates the usability of class actions, it violates public policy and is void and unenforceable. 3-AAA Venue The purpose behind most venue statutes is to ensure that a defendant is not â€Å"hailed into a remote district, having no real relationship to the dispute. The events in dispute have no connection to Minnesota. The Court stated: â€Å"Looked at through the lens of practicality-?which is, after all, what [the venue statute] is all about-?Nestsg's motion can really be distilled to a simple question: does it make sense to compel litigation in Minnesota when this state bears no relationship to the parties or the underlying events? ‘ The court answered no to this simple question. The plaintiff resides in South Carolina, her daughters injuries occurred there, and all of her medical treatment was provided (and continues to be provided) in that state.South Carolina is the appropriate venue for this litigation against Nests to proceed. 3-AAA Arbitration (BELTS page 85) Arbitration can be compelled under a contracts arbitration clause as long as a dispute involves matters covered by the contract provision. In the set of facts in this problem, the terms of the parties' contract are central to the resolution of their dispute. Under the contract, all claims that PRM has against Premiering go to arbitration because the arbitration clause covers â€Å"all disputes. † That includes allegations of fraud and theft.Such matters can be resolved by arbitration. In the actual case on which this problem is based, the court ruled that PRM had to take all complaints about Premiering to arbitration. On appeal, the U. S. Court of Appeals for the Eighth Circuit affirmed this ruling. 3-A AA Spotlight on National Football-?Arbitration An arbitrator's award generally is the final word on the matter. A court's review of an arbitrator's decision is extremely limited in scope, unlike an appellate court's review oaf lower court's decision.A court will set aside an award only if the arbitrator's conduct or â€Å"bad faith† substantially prejudiced the rights of one of the parties, if the award violates an established public policy, or if the arbitrator exceeded her or his powers. In this problem, and in the actual case on which this problem is based, the NAP argued that the award was contrary to public policy because it required Matthews to forfeit the right to seek workers' compensation under California law. The court rejected this argument, because under the arbitrators award Matthews could still seek workers' compensation under Tennessee law.Thus, the arbitration award was not clearly contrary to public policy. 3-?AAA Minimum contacts (BITE pages 66-68) No. This statement alone was insufficient to establish that Illinois did not have jurisdiction over the defendant. The court ruled that Med-Express failed to introduce factual evidence proving that the Illinois trial court lacked personal jurisdiction over Med-Express. Med-Express had merely recited that it was a North Carolina corporation and did not have minimum contacts with Illinois. Med-Express sent a letter to this effect to the clerk of Cook County, Illinois, and to the trial court judge. But that was not enough.When a judgment of a court from another state is challenged on the grounds of personal jurisdiction, there is a presumption that the court issuing the judgment had jurisdiction until the contrary is shown. It was not. 3-?AAA A Question of Ethics-?Agreement to arbitrate 1. This is very common, as many hospitals and other health-care provides have arbitration agreements in their contracts for services. There was a valid contract here. It is presumed in valid contracts that arbit ration clauses will be upheld unless there is a violation of public policy. The provision of medical are is much like the provision of other services in this regard.There was not evidence of fraud or pressure in the inclusion of the arbitration agreement. Of course there is concern about mistreatment of patients, but there is no reason to believe that arbitration will not provide a professional review of the evidence of what transpired in this situation. Arbitration is a less of a lottery that litigation can be, as there are very few gigantic arbitration awards, but there is no evidence of systematic discrimination against plaintiffs in arbitration compared to litigation, so there may not be a major ethical issue. . McDaniel had the legal capacity to sign on behalf of her mother.Someone had to do that because she lacked mental capacity. So long as in such situations the contracts do not contain terms that place the patient at a greater disadvantage than would be the case if the pati ent had mental capacity, there is not particular reason to treat the matter any differently. Critical Thinking and Writing Assignments 3-AAA Business Law Critical Thinking Group Assignments 1. The statute violates litigants' rights of access to the courts and to a jury trial because the imposition of arbitration costs on those who improve their sections by less than 10 percent on an appeal is an unreasonable burden.And the statute forces parties to arbitrate before they litigate-?an added step in the process of dispute resolution. The limits on the rights of the parties to appeal the results Of their arbitration to a court further impede their rights Of access. The arbitration procedures mandated by the statute are not reasonably related to the legitimate governmental interest of attaining less costly resolutions of disputes. 2. The statute does not violate litigants' constitutional right of access to the courts because it provides the parties tit an opportunity for a court trial in the event either party is dissatisfied with an arbitrator's decision.The burdens on a person's access to the courts are reasonable. The state judicial system can avoid the expense of a trial in many cases. And parties who cannot improve their positions by more than 10 percent on appeal are arguably wasting everyone's time. The assessment of the costs of the arbitration on such parties may discourage appeals in some cases, which allows the courts to further avoid the expense of a trial. The arbitration procedures mandated by the statute are reasonably related to the estimate governmental interest of attaining speedier and less costly resolution of disputes. . The determination on rights of access could be different if the statute was part of a pilot program and affected only a few judicial districts in the state because only parties who fell under the jurisdiction of those districts would be subject to the limits. Opponents might argue that the program violates the due process of th e Fifth Amendment because it is not applied fairly throughout the State. Proponents might counter that parties who object to an arbitrator's decision have an opportunity to appeal it to a court.Opponents might argue that the program exceeds what the state legislature can impose because it does not reasonably relate to a legitimate governmental objective-?it arbitrarily requires only litigants who reside in a few jurisdictions to submit to arbitration. Proponents might counter that this is aimed at the reduction of court costs-?that the statute rationally relates to a legitimate governmental end. An equal protection challenge would most likely be subject to a similar rational basis test. Under these and other arguments, the reduction of court costs would be a difficult objective to successfully argue against.