Decoding the PMP?® Exam

PM Introduction Since the early asses, project managers have prepared for the Project Management Professional ([email  protected]) Exam through intense study of the Project Management Institute's ([email  protected]) A Guide to the Project Management Body of Knowledge ([email  protected] Guide). Throw in a few ancillary primers and then take practice exam after practice exam and you've got a good chance of passing.What this approach lacks is an intuitive understanding of what it takes to put the [email  protected] Guide into practice. Many fresh-faced Amps can experience inefficiencies and extra challenges early on, until they overcome this handicap with on-the-Job experience. Depending on the scope and objectives of your project, this could have business-wide ramifications. Why learn from your mistakes when you can prevent them? The Task-Skill Method†* of PM Exam preparation offers a new approach that is more effective and offers more benefits than Just getting you rea dy to pass the exam.The Task-Skill Method prepares candidates through intensive review of the expected roles and responsibilities of a Certified Project Management Professional as identified in Mi's PM Role Delineations Study (REDS), also known as the PM Exam Blueprint. Armed with a fundamental understanding of on-the-Job requirements, you will better understand PM Exam questions and achieve higher overall scores. What's more, you'll be ready to immediately have an impact on your projects.The Task-Skill Method Revealed The Task-Skill Method is the result of more than a decade of lessons learned and process improvement. The breakthrough change lies in the foundational approach. While traditional PM Exam prep techniques prepare you to pass by essentially caching to the exam,' the new Task-Skill Method prepares you by teaching to the role of a PM The . ‘ Task-Skill Method still incorporates significant MAMBO Guide study, exam-taking skills and practice exams. However, they are us ed as reference standards and study or practice aids, rather than foundational requisites.While most traditional approaches are built around the framework of Knowledge Areas, Process Groups and Process Inputs, Tools and Techniques and Outputs, the new Task-Skill Method is built around the framework of the 37 individual Tasks and 65 individual PM Knowledge/Skill Sets of the PM Exam Blueprint. These are well defined and generally form the roles and responsibilities of a PM After . Taking into consideration overlap and redundancy, the Task-Skill Method boils down to 28 individual Tasks and 28 individual Knowledge/Skill Sets.What's more, these Tasks and Knowledge/Skill Sets serve as the foundation for all questions on the PM Exam, virtually eliminating any surprises. The 2012 PM pulse of the Profession study found that organizations with more than 35% PM certified project managers had better project performance. Keeping It Simple The Task-Skill Method reduces the amount of information y ou need to consume, sousing your objectives on what matters most and speeding up prep time. With traditional approaches, you can study up to 100 hours or more, but with the new Task-Skill Method, preparation time can be decreased by at least 25%.In a facilitated classroom environment, preparation time can require as little as 35-40 hours. Forty percent of your preparation time should be focused on the 28 PM Tasks and another 40% on the 28 PM Knowledge/Skill Sets. All should be clearly identified, understood, studied and sufficiently mastered. You should focus on understanding when and where each Task is typically performed across the project lifestyle and here each Skill Set is most essential. The remaining 20% of your time should be devoted to PM practice exams. This will hone your test-taking skills and serve as an additional learning resource.For example, in a 60-hour, self-paced, self-study plan, 12 hours would be devoted to Practice Exams, 24 hours to PM Tasks and 24 hours to P M Knowledge/Skill Sets. A Quick Look at the Exam The PM Certification Exam is a demonstration of your suitability to function as a Certified Project Management Professional. The exam includes 200 questions, many of them situational. Your score reflects your ability to: correctly identify recognized best practices; 2 use proper terminology; and 3 use logical reasoning to apply appropriate tools and techniques in given situations.PM Practice Exams 28 PM Tasks Knowledge/ Skill sets To ensure you are truly deserving of the PM Credential, many questions are deliberately made extra challenging. If you pass, you are awarded the PM Credential. If not, you can retake the exam up to three times in a one-year period. The Tasks and Skill Sets identified in the Task-Skill Method serve as the foundation for all questions on the PM Exam. Must-Know PM Tasks As a PM you may be expected to perform en or all of these 28 identified PM Tasks at various times during your project management career.The PM Exam will thoroughly test your understanding of each one by requiring you to demonstrate adequate knowledge of recognized best practices with respect to each Task. The PM Exam Blueprint identifies 37 individual PM Tasks. With many Tasks, there is overlap and some redundancy. For organization, efficiency and practical study purposes, the new Task-Skill Method effectively consolidates the 37 Blueprint Tasks to 28. Following is a detailed list of each must-know PM Task and the corresponding study aids. Evaluate Project Feasibility It is essential to establish a high-level understanding of the project early on.Is the project high risk, low risk, straightforward, complex? What constraints and assumptions are in consideration? How will you structure the project life cycle? What strategies will work? Study: [email  protected] Guide sections 3. 3 and 4. 1 Perform a Stakeholder Analysis Managing stakeholder expectations is considered the top priority each and every day by many Amps. Study: [email  protected] Guide section 10. 1 3 Develop a Project Charter A Project Charter is the formal document intended to authorize a project (or project phase).It briefly describes high-level project characteristics and identifies/authorizes the project manager. Study: [email  protected] Guide section 3. 3 and 4. 1 4 Define Project Deliverables It is essential to get a firm understanding of the project scope-?what the project is and what it isn't-?early in project planning. Study: [email  protected] Guide sections 5. 1 and 5. 2 5 Create a Work Breakdown Structure Once scope has been determined and agreed upon among key stakeholders, it should be broken down into manageable pieces.

Benefits of a Database & Information Gathering Techniques

Assignment Three: Benefits of a Database & Information Gathering Techniques Ian Keller Strayer University Introduction to Relational Database Management Systems CIS 111 Professor Jonathan C. Thrall April 26th, 2012 Databases are very important to every person in the world today. Whatever you do in you daily routine you are bound to come in contact with some form of database and our world has become so dependent on it that most people won’t even realize the importance of databases. A database is a bunch of files that are usually integrated electronically together to make up one big file.The database stores all of these files in one location and numerous people can access this information all at the same time if they have the proper access from the database administrator. Things that many people do every day that involve database involvement are things like calling a creditor on the phone to talk about a utility bill, performing transactions with you bank online, over the phone or in person, and also using a credit card to pay for supplies at a local retail store. All of these things require access to some sort of database.Database design is basically separated into categories the first being external where data can have multiple views and how the data can be stored into a physical form. Another category is conceptual where internal and external data communicate between each other (Ricardo, 2012). Accounting, bookkeeping information, personal financial records, stocks and personal property inventories are only some examples of how databases are managed and can be created for a multitude of things and all of these different types of files and data can be managed through a Database Management System (DBMS).The better the DBMS system is the better that system will support the organization. When you have a DBMS that supports the organization, that organization will be able to increase productivity, profits and overall status of business. There are many differe nt DBMS designs and some have been proven to work very well. One of those types is the Relational Database System. A DBMS that falls into this category would have to be a DBMS that is capable of maintaining a good relationship among any new data and generate good communications between it and the existing data already in the system (Differentiating 2012).A DBMS has many benefits which will help to keep the organization’s profits at a continuous incline. A well designed and implemented DBMS can organize accounts, maintain records, process requests and prioritize past, present and future events. It will provide the ability to store millions of files of multiple types in one single location and because all those files are in one location, it will also provide the ability to have multiple employees located in multiple areas and non-employees who may be temporarily working for the said organization for a period of time.With a personalized password and few clicks of the mouse all p ersonnel mentioned above can be given complete or partial access to the database for an indefinite or temporary period of time. As with any system benefits also can be drowned out with some disadvantages as well and one of the disadvantages that have is that with many DBMS structures it can be confusing and difficult to navigate through some of the commands. The complexity is much more advanced than many of the Microsoft programs that many employees may be familiar with.This particular problem also causes the system to be very time consuming to unfamiliar users. Security is also a concern as with any electronic device especially ones with internet capability because nothing in this world of technology is â€Å"hacker proof†, meaning the system just like any other, is vulnerable. Another type of database is a Flat File database. This type of database stores data in the form of plain text meaning just what it says; only text can be stored. Every line contained in this type of d atabase constitutes one record.The fields in this kind of database are separated by commas, tabs or delimiters. A flat file is a database that uses a simple structure but as simple as it is the more data added to it, the less efficient it can become. The benefit of the flat file database is that most Microsoft programs such as Microsoft Access, can imported from a flat file converting it so multiple data as well as data types can be used (Flat File 2012). When creating a database from the beginning it can seem very overwhelming at first.There is so much to think of but there are tools available to you that can help guide you through the process. Many database systems have an important role and if they aren’t customized for that particular organization, then the benefits would not be as great. Tools that are available to the organization that help a great deal with construction a database for the first time are available in many forms. Starter packages such as the CASE (Comput er-Aided Software Engineering) package, is a package that contains information to help.This package contains steps for creating a system analysis, project management, and design plans. If the information is used correctly it will help the organization learn how collect the information and determine what information to collect. There is also Project Management Software that can organize your data once it’s collected so the data is prioritized correctly. Last a system catalog can be implemented to work alongside the other aids mentioned above which all work hand in hand to create, manage and maintain the organization’s information.The advantage about most of these programs is they updated automatically with each other (Ricardo 2012). In the rapidly advancing world today, it really is not practical to not have a database program implemented for whatever activities you frequent. Whether it is a business, organization, government agency, community club or even at personal i nformation at home, having files of multiple types organized and merged into one file location is just a smart way of doing business whether the business be personal or professional.Reference Differentiating a good database design from a bad database design.. (n. d. ). Free management Articles – Management resource guide. Retrieved april 26, 2012, from http://www. management-hub. com/database-design. html Flat file definition. (n. d. ). The tech terms computer dictionary. Retrieved april 26, 2012, from http://www. techterms. com/definition/flatfile Ricardo, c. m. (2012). Databases illuminated (2. ed. ). Sudbury, ma: Jones & bartlett learning.

Philosophical Approach For Balancing Issues Term Paper

Philosophical Approach For Balancing Issues - Term Paper Example This essay seeks to answer the question: are there are ways of harmonizing the individual rights whereas defending the public at the same time. As a point of departure, majority argues on when individual rights have been violated, and on similarly complains are raised when protection of the public is contravened. The situation surrounding individual rights and its interconnectedness with the public fabric is a give and take. This implies that, people need to understand that, they will have to sacrifice some degree of privacy for the good of all the members of the society. Majority of people talk of rights without considering the wider perspective of the meaning of rights (Bjarnason & Carter, 2009). This kind of understanding has changed the society to a catered one, where people tend to think and believe that everything should be given to them and this contrasts, the fundamental aspect of seeking to balance the individual rights with the public interests. Numerous philosophers have a rgued the need for people to appreciate the fact that, the society is made of people who get affected by erroneous decisions made, without the consideration of balancing the individual desires, rights and the public interests. This study establishes that the declaration of independence was founded on three fundamental rights: right to life, rights to pursuit of happiness and right to liberty. It is explicitly understood that, the right to life defends the individual’s ability to handle all actions obligatory for the preservation and gratification of life (Bjarnason & Carter, 2009). On the other hand, the right to pursuit to happiness safeguards an individual’s capacity to live for own sake quite than for the societal sake. Equally, the right to liberty defends an individual’s capacity to reflect and act on his own decision. The question that emerges is â€Å"what if individual’s pursuit of these rights violates other people’s rights?† It is the government’s philosophy to safeguard the well-being of its entire populace. For the attainment of balance, a perfect situation may not be a favorable milieu (Snyder, Lopez & Pedrotti, 2011). The truth of the matter is that, individuals will be forced to give up on some rights to provide for a give and take milieu, which is favorable in balancing the societal and individual desires. It should be noted that, a balance should be compromised in order to create and sustain a peaceful coexistence in the society. A comparison of today’s world complexity and that of the declaration of independence makes it somehow difficult to create a fair environment, where societal needs do not conflict those of individuals. For instance, the issues of terrorism have advanced to become a global concern (Snyder, Lopez & Pedrotti, 2011). Terrorism has become a global threat to security. This starts at the individual point, spreads to a group of individuals, and finally to the society. Suc h complex issues affecting the security of all members soothe local and global society compels individuals to forego some critical privileges attributed to individuals’ rights to the governing authority to seek for equilibrium between the individual happiness and insecure society or a secure society and miserable individual lives. In some circumstances, governing authorities may be obligated to monitor phone calls and text messages such that, they can be able to trace terrorists. Despite infringing individual privacy rights, there should be no problem, because the overall intent of such kind of measures is to ensure a safe society for all. It should be understood that, such steps are undertaken as last resort in curbing such crimes. This is an example of equilibrium that should

The Value of Jackson Pollock's Painting Assignment

The Value of Jackson Pollock's Painting - Assignment Example The paper "The Value of Jackson Pollock's Painting" concerns the paintings of Jackson Pollock. Jackson Pollock’s painting can be sold for millions dollars because the artist is generally identified as a self created legend, is related to the innovative painting technique of drip painting within Abstract Expressionism genre, his artworks are renowned for spontaneity, his artistic career is interconnected with the development of mass media, and his artworks are symbolic of Americanism with immense artistic and economic value. One can see that fame and success within the scenario of art cannot be attained without any individual effort. Harold Rosenberg stated that, â€Å"The act on the canvas springs from an attempt to resurrect the saving moment in his â€Å"story† when the painter first felt himself released from Value-myth of past self-recognition†. For instance, the popularity of the artworks by Jackson Pollock is interconnected with the artist’s effort t o go beyond the limits of traditional mode of painting. To be specific, the artist did not try to follow the painters who adopted traditional methods in painting. Instead, he chose his own way and method within art. Besides, he knew that traditionalistic approach towards art, especially in painting, cannot help him to attain the status of a legend. But one must not misunderstand that his aim was to acclaim fame because he believed in individual freedom of artists. Similarly, Jackson Pollock was deeply interested in experimenting with different types of paints.

A Brief Literature Review Coursework Example | Topics and Well Written Essays - 500 words

A Brief Literature Review - Coursework Example Biomedical discipline has recognized the significance of drawing on the wide learning potential derived from qualitative research (Black, 1994). Qualitative research has a big contribution in the fields of medicine, health and public health (Merriam et al. 40). A good qualitative research is one that went through the following 6 steps; 2. Background literature review: it helps one to find out what other people have found out concerning the question. It helps you to be well informed and be more specific about the topic. It also helps one to determine if there is need for the question to be answered (Seidman, Irving 27). Debate and guidance around the quality of qualitative research has often been overshadowed by a kind of ‘disciplinary tribalism’ (Pawson, 2001) whereby polemic debate between quantitative vs qualitative theory the needs of practitioners trying to apply its findings.When one plans to asses the evaluation studies through qualitative study methods in social work, it is imperative that the question of criteria to be used to evaluate the related research studies is critical ( Seale, 2002). In public health it helpful since it does not only answer the research question of how something works but also why it is working. The department of health in 2004 reframed health in the context of its wider economic, social and cultural determinants. The parallel developments of evidence based practice and model of health improvement constitute the determinants at large of health as created by gulf between the significance of addressing health related inequalities and the critical evidenc e to help inform the practice. This translates into a mismatch between increasing multi-disciplinary models of health policy (Davey-Smith, Ebrahim, & Frankel, 2001) and a continued reliance on models of bio medically foccused evidence, emphatic on experiment concepts and attachmnt to attribution. Furthermore, alot translats to

Marketing - Joss AMD Distribution Essay Example | Topics and Well Written Essays - 1000 words

Marketing - Joss AMD Distribution - Essay Example We aim to bridge the gap that exists between the manufacturer and the customer by ensuring that we coordinate well enough to provide the customer with the product as soon as the demand arises. Focusing on commitment, sincerity, quality of work and vibrant growth; we pursue a set of values, derived from supreme client service, a widespread dealer web, professional staff and priority to the needs of our business partners. At the same time, we believe in devising distribution strategies in a way that would lead us to produce tangible results as well. With the above mentioned flair and potential in our stock, we wish to be the distributor for the products of the prestigious Creative Nail Design (CND) Company. It would be an honor for us if we are appointed as the distributors of Spamanicure and Spapedicure products, which are wonders of the modern era. As stated in (CND, 2011), The Spamanicure – Citrus and Almond products along with the Spapedicure – Marine, Earth and Home products are world-class products which are proving to be a boon for the salon and spa professionals. To work as a distributor for such high quality skin care products would be a thrilling experience for our company. We believe that we possess the attributes and components to be assigned this challenging task. With prior concrete experience in this regard and also the fact that out of the 132 beauty salons in New York City, to which our company presently distributes Sedal products; 59 are nail salons - would make it easier for us to find immediate clientele. It would be our duty to ensure that the distribution process of these prominent CND products takes place in a smooth manner in the markets of the New York City. We would also make sure that the relationship between CND company and the consumers reaches new heights of mutual trust and reliability by acting as a means of linkage between the two parties. Our marketing strategies have been successful since the time we started our co mpany, and if appointed as CND products’ distributor, we would incorporate our running successful market strategies with further innovative measures and tools to ensure that the sensational CND products not only reach to our current 59 nail salon clientele but also appeal to the other major nail salons in the city. For this purpose, we have a very energetic workforce that is willing to work and commit itself to the task. We also consider organizing seminars to educate people about the CND products and their use. We are well aware of the fact that CND company believes in reliable products, empowering education and practical business building tools. We also appreciate that it pursues excellence and its products are carefully researched and tested before they are planned to sold, depicting the culture that prevails at CND, consisting of principles of honesty, integrity, respect, communication and accountability (CND, 2011). We assure that we would not only respect these consider ate values but would also incorporate them into our working relationship. We would like to briefly summarize how we plan to function as a distribution channel for CND products. Our company believes in doing the basics right, so we always give priority to gaining as much market information as possible. Market research and intelligence plays a great role in becoming aware about the current situation of the market and thereby developing or adjusting plans, in a way, that would yield best results. We would

Background Information Essay Example | Topics and Well Written Essays - 250 words - 1

Background Information - Essay Example ortfolio Strategy group develops a â€Å"Monthly Lead List† which is used by marketing department for the purpose of identification of customers that are part of our portfolio. The list undergoes strict quality checks by an independent Quality Control Analyst, who validates the data by utilizing critical business logic and by using QC results tab for result presentation. The US Bank’s Data Management and Analytics group prepares the Month-end-marketing Metrics, which is also utilized by the marketing department to develop a report that provides guidance regarding marketing sales goals, actual and budgeted costs of marketing, cost per application, cost per lead and the associated variances. Interaction with legal and compliance department for approval of the marketing material that is under development for the purpose of compliance to relevant laws is also carried out by marketing department. During the period before June 1, 2014 approvals for marketing material was only sought from the legal department, but now the marketing department utilizes US Bank’s â€Å"ticket management system† for this purpose. So, now marketing material is approved by compliance department after it has been approved by the legal department. Based on audit, the rating for Marketing review and Portfolio strategy has been labeled â€Å"Effective†. Policy and procedures related to quality control process for marketing lead list have been prepared and released by the Business unit. Whether adequate Quality Control was implemented by the independent analyst or not, could not be ascertained, since supporting documents were insufficient to support the analyst’s position. The team is in the process of implementing control measures which is an indication that they are aware of the prevailing

Health Care Law Coursework Example | Topics and Well Written Essays - 750 words

Health Care Law - Coursework Example The coursework "Health Care Law" overviews the Legal â€Å"System of Health Care Statutory Laws† and presents the analysis which ‘law’ should be ‘modified’ or ‘repealed'. All states in the US regulate medical practitioners in their states, design social and health reforms in line with federal and its own laws, as well as ensuring patient privacy laws. In March 2010, US President signed a reformed Healthcare bill known as the Affordable Care Act, ACA, which aims to increase the number of people legible for medical insurance, particularly lower and middle-income earners. Although the new act will cost a lot, this will be spread over the next few years and it will be beneficial to all in the long run. The act, however, has caused mixed feelings among many people. Many of these would like to see some of the statutes in the bill repealed, especially if they are to pass the bill as law in their states. As many as 18 states have not yet fully voted for the bill to be law in their states. Many states are of the opinion that the act should take into consideration the milestones that individual states have taken in reforming state health care services. One of the biggest issues opposed by most of these states, including the state of Florida, is the requirement that every person is required to purchase health insurance by 2014, failure to which they will have harsh penalties imposed on them. Florida is one of the states that is opposing the Affordable Care Act, rather than seeking to repeal some rules in the act.

ASPECT OF CONMTRACT Essay Example for Free

ASPECT OF CONMTRACT Essay Understanding the essential elements of a valid contract in a business context P1.1. Explain the importance of the essential elements required for the formation of a valid contract There are several important elements in order to form a valid contract. 1. Offer and Acceptance.- In order to create a valid contract , there must be a lawfull offer by one party and lawfull acceptance of the same by the other party 2. Intention to Create Legal Relationship- In case,there is not such intetion on the part of partyes, there is not contract. Agreements of social and domestic nature do not contemplate legal relations .Case ; Balfour vs Balfour (1919) 3. Lowfull Consideration. Consideration has been defined in various ways Acourding to Blackstone Consideration is recompense given by the party contracting to another in other words of Pollock Consideration is the price for wich the promise of the another is brought †¦.consideration is known as quid pro-quo or something in return 4. Capacity of Parties ;The parties to an agreement must be competent to contract. If either of the parties does not have the capacity to contract , the contract is not valid Accourding the following persons are incopetent to contract ; a -miners, b-persons of unsound mind c-person disqualifield by low to wich they ar subject 5. Lawfull Object.; The object of an agreement must be valid . Object has nothing to do with consideration it means to purpoase or design of the contract. This when one hires a house for use of a gambling house , the object of the contract is to run a gambling house 6. Legal formailities ; An oral Contract is a perfectly valid contract espect in those cases where writing registration etc,is required by some statute, in India writing is required in cases of sale, mortgage lease and gift on immovable propriety, negociable instrument etc 7. Certainity of Meaning; Acourding to Section 29; Agreement the meaning of wich is not Certain or capable of being made certain are avoid 8. Posibility of Performance; If the act is imposible in itselfe physically or legally if cannot be enforced at law. For example Mr A agrees with B to discover treasure by magic. SUCH agreements is not enforceable P1.2. Discuss the impact of different types of contract A contract is an agreement between two parties that must include an offer , an acceptance and a consideration .There are a variety of different types of contracts used for different purposes, in addition, certain types of contracts may be more popular in one jurisdiction than in another Bilateral and unilateral implied, viodable,executory and oral contractat are among the common types of contracts used throughout the world Bilateral contracts make up the majority of the contracts drafted. A bilateral contract consists of tho parties who are under an obligation to do something or refain from doing something. For example a contract for the sale of goods is a bilateral contract. The buyer promises to purchase the product and, in turn, the seller promises to supply the product P1.3. Analyse terms ic contract with reference to their meaning and effect The terms of an agreement may be so vague and indefinite that in reality there is no contract in existence at all. (Scammell v Quston (1941)). The presence of a vague term will not prove fatal in every case. The contract itself may provide any disputes about the operation of the agreement can be resolved. (Foley v Classique Ltd (1934)). A court can ascertain the terms of a contract by reference to a trade custom or a course of previous dealings between the parties. (Hillas Co Ltd v Arcos Ltd (1932)). A meaningless term which is subsidiary to the main agreement can be ignored and the rest of the contract enforced. (Nicolene Ltd v Simmonds (1953)). Express terms, are the details of a contract which have been specifically agreed between the parties. (Harling v Eddy (1951)). There are a number of express term that feature a standard contract such as exemption clauses, liquidated damages clauses and price variatio n clauses. This terms can effect a contract. For example liquidated damages clause can affect the term in a contract, because it lays down the amount of damages that will be payable in the event of a breach of a contract. Cancelation charges are an example of a liquidated damages clause. Implied terms, represent addition terms that are implied into an agreement. Those can be by custom (Hutton v Warren (1836), by common low (The Moorcock (1889)), or by statute. The most common being the sale or supply of goods Act 1979. Be able to apply the elements of a contract in business situations P2.1. Apply the elements of contract in a given business scenarios In the business scenario 1, at an auction sale the call for bids by an auctioneer is an invitation to treat, the bids are offers. The auctioneer selects the highest bid and acceptance is completed by the fall of the hammer. (Payne v Cave (1789)). Advertising a forthcoming auction sale does not amount to an offer to hold it. (Harris v Nickerson (1873)). An offer can be revoked at any time before the acceptance but it will only be effective when the oferee learns about it, and it is not necessary that the oferor himself should tell the oferee that the offer has been revoked. (Dikinson v Dodds (1876)). The case study shows that the offeror was Montblanc auction and Harry, Miss Kaur the oferee shown the intention to bid for pen fountain at Montblanc auction, willing to travel to Manchester for it, and she also shown intention to buy pen fountain from Harry but she did not decided 100%, therefore, even though the offer was expre ssed to be open until after lunch break, such offer can be revoked before the end of the time limit, because Miss Kaur did not agreed with the offer. A promise to keep an offer open will be binding if it can be enforced as a separate contract. A legally binding option will be created if the oferee provides some consideration in return for the offeror’s promise to keep the offer open. (Mountford v Scott (1975)). In the case study, Miss Kaur could have paid a deposit in advance to make sure she could still have the pen fountain. Consideration was shown between Harry and Miss Kaur, and each side promise something to the other party. This was not the case with the Mountblanc Auction, even if the auction for the pen collection supposed to be open, the parties did not enter into a consideration. Intention, the low is not concern itself with purely domestic or social arrangements. The parties must have intended their agreement to have legal consequences. In the first case Mountblanc auction showed the intention to offer for bid the pen fountain, and this was mention in the list of items to be auctioned, but because of one or another reason this was cancelled. On the other hand Harry shown the intention to wait until after lunch for Miss Kaur, but because it wasn’t any written contract between them, he decided to sell his pen fountain with a better price of  £1000, breaching the informal contract that he had with Miss Kaur. In the context of contract low, Miss Kaur cannot take any action against the auctioneer for the expense of her travel to the auction and she cannot take any action to  Harry for not selling the fountain pen to her. Business scenario 1, shows that the agreement between Charles, owner of a house, and Murphy, who supposed to make renovation in the house by a set amount of money ( £50.000), at a specific date. Secondly, consideration is shown in the case study where both parties agreed to give something in return. Charles agreed to pay  £50.000 for the house renovation, and Murphy agreed with the sum initially. Intention, is shown when Murphy asked for an increase in salary in order for the job to be done in time, even if Charles agreed initially, than he turn his back on the offer that he made, respecting only the legal terms from the contract. In this situation Murphy can’t make any legal action against Charles. Capacity, in this case both parties where capable of fulfilling their commitments. Charles paying for the service, Murphy capable of doing the service. Genuineness of cons cent appeared between parties, when the initial contract was formed. Here was the time for Murphy to argue for an increase in salary, and not at a later date. Legality element of the contract is present, because it is nothing illegal or contrary to public policy. P2.2. Apply the law on terms in different contracts A standard form contract (sometimes referred to as an adhesion or boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favourable terms and is thus placed in a take it or leave it position. Examples of standard form contracts are insurance policies (where the insurer decides what it will and will not insure, and the language of the contract) and contracts with government agencies (where certain clauses must be included by law or regulation). For example MetLife insurance company, has the terms of the contract are contained in a written document, the parties will be quite clear about what they have agreed to and this is likely to minimise the possibility of disputes a later stage. For example MetLife can make a contract of a life cover with a minimum of  £7, in which the client would know the standard terms and condition stipulated in the c ontract. It would be very time- consuming to negotiate individual terms with every customer, because the company is offering a standard service to a large number of people. Standard form, business-to-consumer contracts fulfil  an important efficiency role in the mass distribution of goods and services. These contracts have the potential to reduce transaction costs by eliminating the need to negotiate the many details of a contract for each instance a product is sold or a service is used. However, these contracts also have the ability to trick or abuse consumers because of the unequal bargaining power between the parties. For example, where a standard form contract is entered into between an ordinary consumer and the salesperson of a multinational corporation, the consumer typically is in no position to negotiate the standard terms. As example MetLife representative often does not have the authority to alter the terms, even if either side to the transaction were capable of understanding all the terms in the fine print. These contracts are typically drafted by corporate lawyers far away from where the underlying consumer and vendor transaction takes place. The danger of accepting unfair or unconscionable terms is greatest where these artful drafters of such contracts present consumers with attractive terms on the visible or â€Å"shopped† terms of most interest to consumers, such as price and quality, but then slip one-sided terms benefiting the seller into the less visible, fine print clauses least likely to be read or understood by consumers. For example a customer of MetLife can be assured for accident protection, but there are only a specific accident that the company may cover the client. In many cases, the consumer may not even see these contracts until the transaction has occurred. In some cases, the seller knows and takes advantage of the knowledge that consumers will not read or make decisions on these unfair terms.(Standard Form of Contracts, 2014). P2.3. Evaluate the effect of different terms in given contracts In the business scenario 4, terms stipulated in the contract are the payment for the research assistant ( £25000) and the working hours, witch in this case are â€Å"whatever hours are necessary to complete the assignments given to her†. Section 1 of Employment Rights Act 1996 that in fact requires the employer to state the amount of hours worked by the employee. Disciplinary procedures had to be insert in the terms of a contract, where, for example Miss Y had to receive a number of warnings that will be given to her before suspension or dismissal, for her behaviour of wearing trousers and not a dress, on the morning of 2nf June. Because of this terms of the contract, Miss Y can  appeal to grievance procedures that relate to complains in regard to any aspect of the employment with witch the employee is not satisfied. In this case dismissal for asserting the right is automatically unfair and there is no service requirements by reason of section 104 of the ERA 1996. (Riches, S. Allen, V. 2011). Under the Employment Act 2002, Miss Y can claim compensation for unfair dismissal. She can also claim because of the Working Time Regulation (SI 1998/1833),where is stipulated that the employee has a maximum of 48 of work a week, a daily rest of period at least 11 consecutive hours in 24 hours, and in work rest break of 20 minutes for those working more them 6 hours daily. Miss Y, could also claim compensation and Health and Safety at Work Act 1974, if the court finds that she receives medical treatment for depression due to the employment environment. Understand principles of liability in negligence in business activities P3.1. Contrast liability in tort with contractual liability Tort liability arises out of a civil wrong, for example, people who do business, sole proprietor or in a partnership are liable for the torts committed by themselves and for torts committed in the course of the business by their agent and/or partners. However, one may avoid tort liability for the acts of business associates if they operate their business as a corporation or a limited liability company. Thus, the choice of entity is too perceived to have potential benefit if one is concerned about limiting one’s tort liability. Regardless of what type of business organization a person is liable for torts committed by himself, if for example he/ she is driving the company vehicle and are involved in an accident the other party is liable if he/she negligently operated the vehicle whether he/she operate as a corporation, partnership or sole proprietor. (Business Law, 2014). Contractual Liability, appears when a corporation or a limited liability company may protect one’s pe rsonal assets should the operator incur a significant contractual liability from the business operation. For example, a building contractor signs a contract to construct an office building for a business client and fails to meet the contractual deadline, the business client holds the contractor liable for consequential damages profits lost for the time the client is not able to occupy the new building. Particularly in the construction area, contractual  liability may exceed simply the contract price. So long as one does not personally guarantee the contract of the business entity, his or her personal assets, assets owned outside the corporation or LLC, are protected as the corporate operator should not be personally liable for the corporate debts, contracts and contractual liabilities. Often, however, people dealing with corporations demand that the principals of the corporation personally guarantee the contracts. (Business Law, 2014). P3.2. Explain the nature of liability in negligence Liability of negligence appears when a claimant is able to prove that: â€Å"the defendant owed him a legal duty of care; the defendant was in breach of their duty; and the claimant suffered injury or loss as a result of the breach†. (Riches, S. Allen, V. 2011:348). For example a producer of goods may be liable to a consumer for loss and damage caused by his defective product under the tort of negligence. A consumer must establish the manufacturer owed him a duty of care. In Donoghue v Stevenson (1932) case, House of Lords established the principles that a manufacturer was a duty of care to all persons who are likely to come into contact with his goods. The breach in duty occurs if the fallowing factors such as the like hood that the damage or injury will be incurred, the serious of any damage or injury, the cost and ease of taking precautions and the social need for the activity. (Balton v Stone (1951). In the final part the claimant has to prove that he suffered damage if t his damage was caused by a negligent misstatement as in the case of Hedley Byrne Co Ltd v Heller and Partners Ltd (1963), or it was consequent upon foreseeable physical injury or damage to property such in the case of Junior Brooks Ltd v Veitcho Co Ltd (1982). P3.3. Explain how a business can be vicariously liable Employers can be held vicariously liable for acts of negligence or omission on the part of their employees in the course of employment even if the employer did not authorise or was unaware of the acts in question. To mount a successful defence, an employer must demonstrate either that the employee was not negligent or that the employee was acting in an individual capacity unrelated to the business of the employer. In some circumstances employers may also be liable for the misdemeanours of their independent contractors or  workers employed by a third party, such as an agency. For example, this applies where the employer authorises the wrongful act or had overall responsibility that could not be delegated. For example an employee that works for a catering agency, who does wrong doing at one of the clients that the agency is sending him to work for, the agency can be responsible for. The main deciding factor as to which employer has the responsibility for a sub-contractor or agency worker is that of control. The employer who gives direction and instructions for the work to be conducted will usually be the one to bear responsibility for misdemeanours carried out during the course of that work. If more than one employer can be identified as having control over the work of the employee then the principle of dual vicarious liability may apply. This is a principle introduced by the decision of Lord Justice May in the recent case of Via systems (Tyneside) Limited v Thermal Transfer (Northern) Limited Others. The case involved compensation for a flood at a factory which had been caused by the sub-contractor of a sub-contractor. In his ruling, Lord Justice May decided that more than one employ er could be subject to a claim and that the amounts awarded should be split equal unless it could be clearly demonstrated that one party bore more of the responsibility than the other. This courageous decision overturned the principle established in Laugher v Pointer in 1826 that only one employer could be held vicariously liable. (Vicarious Liability, 2014). Be able to apply principles of liability in negligence in business situations P4.1. Apply the elements of the tort of negligence and defences in different business situations The tort of negligence is concern with certain kinds of careless conduct with cause damage or loss to others. As explain in task 3.2. There are three factors to consider. Firstly duty of care, if this duty is break and if the other party suffered any damages. In the Business Scenario 5 it is presented the fact that a UK ship was taking oil in Sydney harbour, spilling oil in the water, and because of a spark it set fire to a wharf witch was at 200 yards distance. The case also shows that safety precaution were taken but does not explain how. On the one hand, it can be argued therefore that the duty of care of the UK ship was broken, because the ship supposed to take more precautions on the duty of care and harm any neighbour. The defendant has break their duty of care  because the likelihood of an accident such as this could be foreseen. On the other hand, it can be argued that the defendant can claim â€Å"res ipsa loquitur†, witch mean that the facts spick for themselves, and it can be prove to court that the UK ship took enough safety precaution to avoid any accident, therefore the defendant would not be seen as negligent. The condition must be satisfied for res ipsa to come to play are in case of the event which caused the accident must have been the defendant’s control, witch in this case can be argued that it was, and the accident must be in such nature that it would not have occurred if proper care had been taken by the defendant, witch again could be argued that the ship took enough safety precaution. The damage that occur after this accident was that the claimant suffered damaged on his wharf, thereby he has to prove in court that this damages was made as a consequences of the UK ship actions in the harbour. In the case of Business Scenario 6, the negligence was made by Shell, because they had failed to provide protection goggles to Bell while he was working in spite of the fact that this was not a normal practice at the firm. Negligence was also made but the employee Bell, because firstly he supposed to protect himself especially because he had lost one eye, and he could have been more precaut. The breach of duty was made by Shell, because the job that Bell has implied vehicle maintenance, and while working with materials such as metals, the company should have provided protection for Bell under the Consumer Protection Act 1987. Bell, can therefore claim compensation for its employee negligence towards him, because he suffered injury while working at Shell Company. P4.2. Apply the elements of vicarious liability in given business situations Low states that an employer is liable for damage caused to another person by his employee, while the employee was caring out his work. The employer is liable even though he was not in any way at fault, and this rule even if seems to be unfair for the employer, it is based upon the law and policy. Employer and employee are regarded as â€Å"associated parties† in the business in which both are engaged. In the Business Scenario 7 and 8, Alf and Amos Bridge breach their contractual duties, therefore because they were acting at work, the employer is automatically consider guilty as well by the court. References: 1. Business Law, Available at: http://pullman-wa.com/law/businessLaw.htm, [Accessed on 12.03.2014]; 2. Riches, S. Allen, V. (2011), Keenan and Riches’ BUSINESS LAW, 10th (ed), Pearson: London; 3. Standard form Contracts, Available at: http://faircontracts.org/what-are-standard-form-contracts, [Accessed on 15.03.2014]; 4. Vicarious Liability , Available at : http://www.uktrainingworldwide.com/BB/VicariousLiability.htm; [Accessed on 13.03.2014];

From One War to Another Essay Example for Free

From One War to Another Essay The French and Indian war, a war that had assembled the largest number of troops ever, was caused by more than a hundred years of rivalry between the two countries, had several consequences on the British Empire, and impacted the colonies greatly. When the fire of the French and Indian war was blown out, another match was dropped, starting another war. The main causes of the French and Indian war also known as the Seven Years war, was due to the constant hostility of the two large Empires. Although peace was kept surprisingly well, at the beginning of colonization in the New World, the Ohio River brought upon a new battle. Not only the French and English wanted control of the Ohio River Valley, but the Native Americans who were living there also believed that it was rightfully their land. All held the notion that the Valley was a strategic economic location and none were willing to give it up, which led to the start of small battles. Eventually, this led up to a declaration of war from Britain to France. This caused both France and England to suddenly begin seeking friendship with the Indians in order to have them as allies. Although the English won the war, the consequences that they faced were immense. The war had increased Britains debt to 133 million pounds by 1763, which led to much hatred towards the colonies who were unwilling to help pay this debt. Grennville, and other men of the British Empire bestowed it upon the colonies as their duty to participate in paying the debt.. Grenville took it upon himself to impose harsh acts, such as the Sugar and Stamp act, inorder to take revenue from the colonies. This outraged many colonialists, including Patrick Henry, who at one of Virginias House of Burgesses meetings, openly protested the stamp act, and the unjust acts of the empire. Not only did the British feel that they colonies should take part in paying the debt, but they also held a feeling of resentment due to the colonists minimal of participation in helping with the army, and supplying food and clothing. The British were infuriated that the Colonies were so uncooperative, and unappreciative after all they had done for America.. This led to increased tension and unrest between the colonies and Britain. Quite different from the repercussions of the war of the British, the colonies had very different consequences. Men like George Washington who had participated in the battle began to see that the redcoats were not as powerful as they were thought of, and that they would not always be able to serve and protect the colonies. Also, with colonialists fighting the war beside eachother, this interaction with the other twelve colonies opened the eyese of the colonies making them aware that when united together, they could become a force that could challenge the British Empire. Also the Colonies were angered by the harsh acts initiated by the British, and began to despise the Parliamentary rule. Leading other colonies and people to protest Grenvilles acts; together they held an intercolonial gathering of nine colonies, called the Stamp Act Congress, which lead to the Governors writing to the British Government of how they should be in charge of their own taxation as they saw the British system of taxation without representation as unjust and unlawful. This perception led them to increasingly doubt their loyalty to the empire and these events led to the American Revolution. Beginning as a rivalry between the French and English which caused the Seven Years war, lead to drastic consequences of both the colonies and the British. The British Empire had a huge debt, and lost their relationship with America while the colonials began to imagine breaking free of British rule.The end of a war lead to another war.

Sarah Baartman and Sandra Laing

Sarah Baartman and Sandra Laing Mackenzie Dickson The lives of Sarah Baartman and Sandra Laing were heavily complicated due to colonialism, followed by pseudo-scientific ideas concerning their gender and race. Sarah Baartmans true identity is still unknown; even her real name is still a mystery. Sometime during the 19th century Baartman arrived in England and was dubbed The Venus Hottentot by the media and attendees of the inhumane circus-like act that Baartman was forced to perform. Baartmans life was controlled and ruined by whitemangaze, leading her to become a commodity- not a person. Whitemangaze is the westernized perception of Black women as objects and commodities, entities viewed exclusively through the prism of- either the lure or repulsion of- their corporeality (Werbanowska, 19). The film Black Venus makes an effort to depict the range of reactions of the white male-dominated crowd, from disgust to attraction. The crowd was even encouraged to physically assault Baartman. Baartman was not a person; she was a victim of colonialism employed by western culture that ultimately led to the reduction of all non-white women to the role of (not necessarily sexual) objects. The fetishizat ion and otherization that Baartman suffered as a result of colonialism steams from need for superiority (19). The use of pseudo-science was used to establish this sense of superiority desired among westerners; white people wanted to hear that Africans were biologically unequal to Europeans. In 1816, Parisian scientists declared Baartman was the missing link separating beast from man (Spies, 2). She, along with other non-white people, was viewed as a savage from a world populated by grotesque monsters- fat-arsed females, blood-thirsty warriors, pre-verbal pinheads, midgets and geeks (Werbanowska, 19). Parisian zoologist Georges Cuvier dissected Baartmans corpse and preserved her genitalia, spine, and brain out of scientific curiosity and potential obsession. As demonstrated in the opening scene of Black Venus, Cuvier provided pseudo-scientific evidence to connect Baartman with apes and baboons, focusing on Baartmans bottom, skull, and her preserved genitalia- which he subsequently passes around the room. Moreover, comparing African women with primitive animals such as apes and baboons speaks to the European fantasy of the ignoble savage whose assumed lack of acculturation implies all sorts of uncivilized sexual behaviors (20). Pseudo-science performed by white men like Cuvier enforced the stereotype that African women are savage sexual beasts, who are commodities rather than an individual. The current day Venus Hottentots can be seen throughout the media; theyre called video vixens. Typically, video vixens are attractive, young, black, females that fall victim to the same fetishization and exploitation that Baartman faced in the 19th century. Baartmans story has become synonymous with a past of sexual exploitation, lasciviousness, and likewise, that has presented opportunity for ruminating on the phenomenon of young black women play the roles of video vixen or ghetto chicks' (Henderson, 528-529). Baartman and current day video vixens function under the colonial and patriarchal gaze which perceived them almost exclusively through the prism of their race and gender (Werbanowska, 26). Some video vixens interviewed in the VH1 Documentary Sexploitation on the Set insist they are not being exploited; rather, they are using their body as a form of empowerment. It is undisputable that video vixens are a commodity; they are selling their body and their image in order to gain pr ofit and recognition. The black females who take rolls as video vixens are exploited the same way Sarah Baartman was. They are oppressed because of their race and gender, than transformed into a commodity by profiting from exposing their bodies. In 1966, young Sandra Laings race was called into question by the Race Classification Board in South Africa; Laing was about ten at the time. In the first episode of the series, The Power of an Illusion, race is described as a clear distinction among humans; genes do not have to be closely looked at to determine an individuals race. This was not the case for Laing, who was born from two white parents but had darker skin- thus, appearing black. The film, Skin, depicts the troubles Laing suffered through a time of racial segregation (Apartheid) and lack of legitimate science. Similar to Baartmans story, race is a societal construct used to place non-whites lower in the hierarchal structure, which leads to a life with or without resources, privilege and power (Younge, 106). Pseudo-sciences used to prove/disprove Laings race was based on her physical appearance. As demonstrated in the film, the members of the RCB inspect Laings hair, bottom, and mouth. Another researcher offered the expl anation of a genetic throwback, meaning Sandras white parents carried African genes. This was the only viable explanation for Laings skin color, but the courts found it absurd (Skin). The fact of the matter is that race is a biological myth, but it was believed that race was rooted in biology, and linked to other, more complex internal differences. Like athletic ability. Musical aptitude. Intelligence (Race- The Power of an Illusion). In the end, Sandra was ruled legally white. Despite being legally white, Sandra was shunned by other white people. After finding solace in black communities, Sandra faced legal regulations that prevented her from furthering her life because she was legally white. The forced racial categorization certainly complicated Sandras life. Works Cited Black Venus. Directed by Abdellatif Kechiche , MK2, 2010. Film. Episode One: The Difference Between Us. Race- The Power of an Illusion, directed by  Christine Herbes-Sommers, California Newsreel, 2003. Television. Henderson, Carol E. African American Review. African American Review, vol. 44, no. 3,  2011, pp. 528-530., www.jstor.org/stable/23316222. Sexploitation on the Set. VH1 Video Vixen Documentary. VH1, 2005. Television.   Skin. Directed by Anthony Fabian, BBC Films, 2008. Film. Spies, Bertha M. Saartjie. African Arts. 2nd ed. Vol. 47. Regents of the U of California, 2014.   Print. Werbanowska, Marta. Reclaiming the Commodified Body: The Stories of Saartjie Baartman  and Josephine Baker in the Poetry of Elizabeth Alexander. Ethos: A Digital Review of Arts, Humanities, and Public Ethics. Ed. Katherine Walker and Benjamin Mangrum. Ethos, 2014. 18-32. Google Scholar. Web. Younge, Gary. The Margins and the Mainstreams. Museums, Equality, and Social Justice. Ed.  Richard Sandell and Eithne Nighingale. Routledge, 2013. Google Scholar. Web.

Free Great Gatsby Essays: Reflection of an Era :: Great Gatsby Essays

The Great Gatsby - Reflection of an Era During the 1920's America was a country of great ambition, despair and disappointment. The novel The Great Gatsby is a reflection of this decade, it illustrates the burning passion one man has toward his "American Dream" and the different aspects of the dream. Fitzgerald's work is a reflection of America during his lifetime. The Great Gatsby shows the ambition of one man's reach for his "American Dream," the disappointment of losing this dream and the despair of his loss. In the 1920's the spirit and ambition of the American people soared.   Unlike their European counterparts who were trapped in the social class to which they were born, the American people knew that if they worked hard then they could rise to a higher social class. The flappers and the women's liberation movement were just two examples of how Americans expressed their newly discovered social freedom.   It seemed that nothing was impossible to achieve. James Gatz, shared the spirit and ambition on the American people and fought long and hard to earn his place in the world. He had dreamed of transforming himself from the poor, young man that he was into the wealthy celebrity that he would soon become. Gatsby, as a child, had a daily schedule that he followed. He knew from childhood that he had to work for his fame. "Jimmy was bound to get ahead. He always had some resolves like this or something" (175). Gatsby's ambition lay not only in his future, but as he grew older it would be found in his love. He had an obsession with Daisy Buchanan and tried everything in his power to bring things back to they way they used to be when they first met. He thought he could relive the past. He threw lavish parties to get her attention. He did everything in his power to be near her. " ‘Gatsby bought that house so that Daisy would be just across the bay' " (79) He earned his wealth so that they could finally be together. Like Gatsby, the American people of the 1920's followed their hearts, and their ambition. Through World War One, American men fought to save their country and woman fought to win the right to vote. Even in fashion women were liberated, as the hemline on an average skirt was raised.

Hinduism Essay -- Religion Spirituality Carvaka Yoga Essays

Hinduism In India there are six orthodox schools of philosophy which recognize the authority of the Vedas as divine revelation, and they generally function as pairs - Nyaya and Vaishesika, Mimamsa and Vedanta, and Samkhya and Yoga. Those who did not recognize this authority were the Jains, Buddhists, and materialists. Even in India where spiritual ideas dominate the culture there were some who were skeptical of those ideals and held to a materialist view of the world; they were called Carvaka, and their doctrine that this world is all that exists is called Lokayata. The materialists did not believe in an afterlife and found sense perception to be the only source of knowledge, denying the validity of inference or general concepts. They focused on the senses and the four traditional elements of earth, water, fire, and air. Consciousness for the Carvaka is only a modification of these elements in the body. The soul is also identified with the body, and pleasure and pain are the central experiences of life, nature being indifferent to good and evil with virtue and vice being merely social conventions. This worldly philosophy naturally ignored the goal of liberation (moksha) or simply believed that death as the end of life and consciousness was a liberation. However, they also tended to neglect the value of virtue or justice (dharma), placing all of their attention on the worldly aims of pleasure (kama) and wealth or power (artha). Although Carvaka ideas are mentioned in some ancient writings, their own ancient writings were lost, and much of what we know of the early materialists is based on criticisms of other schools. However, a famous, ancient drama called The Rise of the Moon of Intellect (Prabodha-candrodaya) reveals some of the beliefs of this worldly movement. In this play Passion is personified and speaks to a materialist and one of his pupils. Passion laughs at ignorant fools, who imagine that spirit is different from the body and reaps a reward in a future existence. This is like expecting trees to grow in air and produce fruit. Has anyone seen the soul separate from the body? Does not life come from the configuration of the body? Those who believe otherwise deceive themselves and others. Their ancient teacher Brihaspati affirmed the importance of the senses, maintaining that sustenance and love are the objects of human life. For the materiali... ...ch developed into the Vaishnavite faith in medieval Hinduism. The poem begins with Dhritarashtra asking Sanjaya what is happening not only on the field of Kuru but also on the field of dharma (virtue, duty). Sanjaya describes how both armies are arrayed against each other blowing their conch horns to show their readiness to fight. Then Arjuna asked Krishna to position his chariot between the two armies, and there he saw many of his relatives on the other side, causing him to feel faint and consider not fighting. Even though the others are killing, Arjuna does not think it would be worth it to do so, even for sovereignty of the three worlds, let alone an earthly kingdom. Evil would come to him, he says, if he should kill his relatives. How could this bring happiness? This family destruction is wrong and would destroy ancient family duties and bring on lawlessness, which would lead to corruption of the women and caste mixing. Why should he kill for greed of royal pleasures? It would be greater happiness for him to be killed unresisting and unarmed. Thus Arjuna's mind was overcome by sorrow. Krishna, who is called the Lord, responds by upbraiding Arjuna for timidity and cowardice

According to the US Department of Labor Essay

* The time employees spend in meetings, lectures, or training is considered hours worked and must be paid, unless attendance is outside regular working hours, the attendance is voluntary, the course, lecture, or meeting is not job related or the employee does not perform any productive work during. attendance. * If employees on their own initiative attend an independent school, college, or independent trade school after hours, the time is not hours worked for their employer even if the courses are related to their jobs http://www.dol.gov/overtime Based on the above considerations, the employee has no potential FLSA claim because the overtime he is claiming is not required by the company to perform his physical tests. He can stay fit and in shape and can be trained well with in his job itself and there is no requirement by the company to take additional training to continue to stay in SWAT but he felt that he needed extra training and has nothing to with the company. So as per FLSA Mr.Murphy has no potential claim to collect the overtime for 36 months. See more: Satirical elements in the adventure of Huckleberry Finn essay The five things an employer can do to insure compliance with FLSA and avoid claims are: 1.Classify the employees properly Try to classify the employees based on exempt and non-exempt status based on FLSA regualtions. There is a whole list of exempt employees according to US department of labour and some of that list includes: * Commissioned sales employees of retail or service establishments are exempt from overtime if more than half of the employee’s earnings come from commissions and the employee averages at least one and one-half times the minimum wage for each hour worked. You may also wish to review the applicable regulation. * Computer professionals: Section 13(a)(17) of the FLSA provides that certain computer professionals paid at least $27.63 per hour are exempt from the overtime provisions of the FLSA. * Drivers, driver’s helpers, loaders and mechanics are exempt from the overtime pay provisions of the FLSA if employed by a motor carrier, and if the employee’s duties affect the safety of operation of the vehicles in transportation of passengers or property in interstate or foreign commerce. You may also wish to review the applicable regulation. * Farmworkers employed on small farms are exempt from both the minimum wage and overtime pay provisions of the FLSA. You may also wish to review the specific regulation. Young workers employed on small farms, with parental consent, are also exempt from the child labor provisions of the FLSA. For more information on exemptions from the child labor provisions of the FLSA in agriculture, click the underlined text. Other farmworkers are exempt from the FLSA’s overtime provisions. You may also wish toreview the specific regulation. * Salesmen, partsmen and mechanics employed by automobile dealerships are exempt from the overtime pay provisions of the FLSA. You may also wish to review the applicable regulation. * Seasonal and recreational establishments: Employees employed by certain seasonal and recreational establishments are exempt from both the minimum wage and overtime pay provisions of the FLSA. You may also wish to review the applicable regulation. * Executive, administrative, professional and outside sales employees: and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA. Direct reference: http://www.dol.gov/elaws/esa/flsa/screen75.asp And there are other exempted categories and to avoid potential claims, the handbook of US department of labour should always be checked while running the payroll. 2.Run a proper payroll as per the standards and so there will not be any issues later when faced a claim. 3. Conduct workshops among employees to make them understand the overtime exemptions and non-exemptions. 4.For the exempt employees make sure the wages are paid for the normal working hours to avoid any discriminatory claims. 5.Document the non-exempt employees work hours accurately If taken care and treat all employees fairly as per the standards and creative a crystal clear environment and pay with the transparency there will not be any potential claims. References: http://www.dol.gov/overtime http://www.dol.gov/elaws/esa/flsa/screen75.asp

Pentecostal Movement Its Impact Among the Dalits and Tribal in India Essay

I. Introduction The prime focus of this paper is to explore the modern Pentecostal or charismatic movement and its impacts among the Dalits and the tribal in India. In this paper the presenter will also try to bring out a brief origins and historical development of Pentecostalism, in order to understand the movement and its impact on the Dalits and the tribal in India. 1. Etymology of the term Pentecostal The term Pentecostal is derived from the Greek word pentekostà © which literally means ‘fifty’. It is the Greek name for the Jewish festival known as the ‘Feast of Weeks’ in the Old Testament, which celebrates the fiftieth day after Passover observances. The New Testament used the term to refer to the established Jewish feast. However, since the gift of the Holy Spirit descended upon the disciples on the day of Pentecost (Acts 2), Christians reinterpreted the meaning of it in terms of this event. One of the features of the Pentecostals is the doctrine of baptism in the Holy Spirit with the evidence of speaking in tongues. 2. Who are the Dalits? Dalit is a designation for a group of people traditionally regarded as untouchable. Dalits are a mixed population, consisting of numerous social groups from all over India; they speak a variety of languages and practice a multitude of religions. There are many different names proposed for defining this group of people, including Panchamas (â€Å"fifth varna†), and Asprushya (â€Å"untouchables†). Dalits are outcastes falling outside the traditional four-fold caste system consisting of the hereditary Brahmin, Kshatriya, Vaishya, and Shudra classes; they are considered impure and polluted and are therefore physically and socially excluded and isolated from the rest of society. 3. Who are the Tribal? All over India tribal are generally known by the word Adivasi, Pazhanguli, etc., literally meaning indigenous people or original inhabitants of India. It is believed that the prehistoric India was inhabited first by the Negritos, later added to by the Australoids and then by the Dravidians and  the Mongoloids. The first of the above four, viz., the Negritos, entered India as early as the 4th millennium B.C. 1. The Negritos, still exist in Tamil Nadu, Kerala and Andaman and Nicobar, 2. Australoids represented by the linguistically Austro-Asiatic Kolarian speaking, viz. Mundas and Kharais and Santals, and the Indo Aryan speaking non-Aryan Bhil family, 3. Mongoloids of the Sino Tibetan language family of the whole of north-eastern India, and 4. The Dravidians are the Dravidi speaking race represented now in the entire southern India population and in Madhya Pradesh by the large tribes of Gonds and Khonds, the Kuis in Orissa and the Oraon and Maler in Bihar. Almost the entire tribal po pulation of India is non-Aryan by race and religion. 4. Origin of Pentecostalism The modern Pentecostalism movement was started by a charismatic revival as early as 1901 in Topeka, Kansa. However, April 1906 is generally credited as the beginning date for the modern Pentecostal Movement. On that date at the Azusa Street in Los Angeles, there occurred an outbreak of speaking in tongues. Charles Fox Parham and William J. Seymour, a white and a black respectively were monumental figures in Pentecostalism around whom the Azusa Street revival evolved. Parham and Seymour developed the doctrine that speaking in tongues was the evidence of the baptism in the Spirit. Most of the scholars credited Charles Fox Parham as the founder of the Pentecostal Movement, the founder of the Bethel Bible College at Topeka in Kansas City. He encouraged his students to discover the biblical teachings on baptism of the Holy Spirit and the exercise of the spiritual gifts. On January 1, 1901, Miss. Agnes Ozman requested Pastor Parham to lay hands on her and pray for her and after the prayer she spoke in a Chinese language. The Pentecostal fire experienced by Agnes Ozman and other students at Charles Parhamn’s Bethel Bible College at Topeka, Kansa was just the beginning of a worldwide movement that spread like wild fire. Although there were some contemporary revivals of a similar nature taking place in other countries, most of the world-wide spread of Pentecostalism can be traced directly or indirectly to Asuza Street. After the Azusa Street revival on April 1906, â€Å"Azusa Street soon became the ‘Mecca’ for thousands of visitors around the world.† The people who visited this place went back to their homelands spread this new  experience and spread the Pentecostalism to other parts of the world and formed Pentecostal churches. From the Azusa Street revival in Los Angeles, Pentecostalism spread rapidly around the world and began its advance toward becoming a major force in Christendom. 5. Pentecostalism Movement in India We have observed the modern Pentecostal movement in the 20th century that sparked out of the revivals that took place at Azusa Street, Los Angeles, which spread rapidly to the ends of the earth. Most of the scholars traced back the origin of Pentecostalism to the Azusa Street revival in 1906. However, it is not yet firmly established as to when the Pentecostalism started in India because prior to the coming of Pentecostal missionaries in the 20th century there were Pentecostal like events in the history of Christianity in India. According to Gary McGee, the eminent historian of Assemblies of God, Pentecostalism had already established itself in India long before word of Azusa reached the subcontinent. He validated by showing the documentary evidence that Pentecost, with all the associated phenomena, came to Tirunelveli and Travancore (South India) long before the Azusa revival. The powerful revival was witnessed in the second half of the 19th century in the following years first in 1 860, second in 1873 and third in 1895. People experienced the outpouring of the Holy Spirit and speaking in tongues in all these revivals though the recipients did not know that they were experiencing Pentecostal power as taught in the book of Acts. Another incident was witnessed in 1906 at Pandita Ramabai’s Mukti Mission in Maharashtra, in which young women baptized by the Spirit had seen visions, fallen into trances and spoken in tongues, began before the Azusa Street revival, there is no indication that this was precipitated by events in Los Angeles. According to various authorities as stated by Roger E. Hedlund, Pentecostalism in India has its roots in Maharashtra at the Ramabai Mukti Mission. The Mukti Mission revival was understood by Ramabai herself to be the means by which the Holy Spirit was creating an independent Indian Christianity. However this does not mean that the Azusa revival had no impact on Indian Pentecostalism. The Western missionaries who are the products of the Azusa revival came to India and spread the Pentecostal message to certain parts of India and gave birth to the classical  Pentecostalism in India. The first Pentecostal missionary who came to India in 1907 at Calcutta was A.G Gar who repre sents Azusa Street. There were also other missionaries likes Thomas Barrett, George Berg, Robert F. Cook and Mrs. Mary Chapman who was the first Assemblies Missionary to India who came to Madras (Chennai) in 1915. 6. History of Dalits in the Pentecostal Church In India Christianity has been in existence two thousand years in the south-western and South-eastern corner of India. However, Pentecostalism in India began only at the dawn of the 20th century. George Berg, an American Pentecostal missionary of German descent, was the first to introduced modern Pentecostal movement in Kerala in 1909. George Berg brought number of other Pentecostal missionaries in Kerala he brought Robert Cook in the year 1914, Mary Chapman in 1916, John Burgess in 1926, and Miss Mildred C. Ginn in 1930. Among all these missionaries, Robert Cook was known as the Missionary to Dalits because his main concentration was among the Dalits. From the very inception of the Pentecostal church in the central Kerala both the communities of Syrian and Dalits were attracted and they co-existed together in the church. At the beginning the Syrian Christians has no problem in identifying with the Dalit Pentecostals because they are also from the very low socio-economic background. Dalits on the other hand wanted to escape from caste discrimination, and continues search for liberation from all aspects of life, joined the Pentecostal movement which appeared to them non-structured, non-liturgical emotional Christian movement in the beginning. However, from the third decade of the century denominationalism came out among the Pentecostals and the peaceful co-existence began to change. The number of the Syrian Christians started to denied the rights and privileges of the Dalits especially in church administration and leadership. They were also discriminated by the uppercaste Christian within the churches because of their economical and social status. Thus Dalits felt alienated in the Church. This development has cause caste division between the Syrians and the Dalits Christians within the Pentecostal churches. As a result there was a split between the Syrian and the Dalits in 1930 under the leadership of Robert F. Cook and K.E. Abraham respectively. 7. Reasons for Dalits Embracing Pentecostalism On the basis of being labelled ‘Untouchables’ or ‘Outcasts’, Dalits have suffered extreme forms of disadvantage and oppression for centuries. They were in continuous search for their liberation from all aspects of life and their identity. It was in the 20th century the modern Pentecostal movement with its message of oneness, equality, fellowship, dignity for all races and castes and other several related subjects reached India. The Dalits found the movement appealing to their aspirations in life and began responding to the movement. One of the reasons for Dalits embracing the Pentecostal movement is that they saw several factors common to their pre-Christian culture and lifestyle, which facilitated their entry into the movement. They were able to see some continuity with many of their pre-Christian culture and practices. This aspect of continuity and discontinuity is not only among the Dalits but even among the tribal of Northeast India. Another main reason is the discrimination to the Dalits by the mainline churches basing on their caste origin. Though they became part of the church, they did not share equal status in the mainline Churches. This discrimination encouraged a better spiritual atmosphere where they can have better opportunities. There are many other reasons for Dalit inclination to the new faith, the above given are just some of the basic reasons for better understanding of the topic. 8. Tribal and the Pentecostal Movement It was only in the later part of 18th century Northeastern region came under the influence of the gospel which has brought a tremendous transformation in the region. One of the greatest transformations is stopping the barbaric practice of head hunting especially among the Mizos and the Nagas. When Christianity came in the region Khasis tribe was the first to embraced Christianity among the tribal. According to Dr. J. Edwin Orr, the first revival experienced took place in the Khasi Hills in the 1903. From Khasi Hills the wave of revival spread to other regions in the North East. In the year 1905 the church Mawphlang in Khasi Hills of central Assam, people experienced an unusual fervour manifested by intense prayer, weeping, praise, confession of sin, prophecies, dancing etc. Similar things was happened at Pariong, Nowgong, North Lakhimpur, Golaghat, Sibsagor, Naga  Hills and several other places. The tribal people of North East India has felt the impact of Pentecostal or charismatic movement during the 20th century. This movement has both positive and negative impacts. In Meghalaya the Pentecostal movement has brought change and new congregational life. This movement give the church a missionary zeal, a new vision for missionary outreach resulting in new churches and outreach into six other states as well as outside India. Leadership development and outreach continued to extend among the Garos and into Haryana, Punjab and Mumbai. However, this movement also brought division which led to the formation of new denominations. In Mizoram the Pentecostal movement has greatly impacted on the development of leadership and the formation of mission societies among the Baptist and the Presbyterian churches, which also led to the emergence of a large number of indigenous Christian movements. Today Mizoram is the main centre for the rise of independent Pentecostal charismatic groups in North East India. In the late 1950s out of much suffering and adverse political circumstances till the early 1980s, there was a revival which swap across Nagaland thousands of people turn to Christ as Lord and Saviour. The zeal for the Lord and missions grew among the people which remain through this day. Today over whelming majority of Nagas are Christians consisting of all denominations. The main independent model, growing out of the revival movement is the Nagaland Christian Revival Church founded in 1962. In Manipur United Pentecostal C hurch was introduced in 1953 as the result of Pentecostal movement. Assam and Arunachal Pradesh are recently growing. As result of revival movement in Nagaland, Manipur and Mizoram, major Pentecostal denominations include the Assemblies of God and the United Pentecostal Church are said to be increasing, apart from the indigenous Christian groups. Today in North-eastern part of India we have several Pentecostal or charismatic Churches who are characterized by speaking in tongues, prophesying, healing, and other spiritual gifts. 9. The Impact of Modern Pentecostal/charismatic Movement The Pentecostal message of oneness and equality has attracted many followers especially people from the marginalised group. The Dalits and the tribal in their long search for justice, equality, freedom and status in the society found the Pentecostal movement appealing to them and they responded to it. This Pentecostal or charismatic movement has made a great impact and spread across various denominations in India. 9.1. Social Impact: The Pentecostal movement has brought a great transformation in the lives of the individuals and families in the communities not only spiritually but socio-economically as well. The Pentecostal teaching of oneness in the body of Christ made the untouchables become the children of the Kingdom of God. To some extend this teaching has alleviated caste discrimination. Social evils like alcoholism, slavery, casteism were not tolerated in the church. Pentecostal movement has awakened the self among the Dalits and the tribal which shook the very foundations of the caste-based social structure especially in Kerala. They began to gain self-respect, identity and dignity. This movement also has largely influence some of the largest Pentecostal churches in Bangalore, Chennai, Kolkata and Mumbai to actively engaged in various social programs for the benefits of the poor and the Marginalized. In Madhya Pradesh the Indigenous Pentecostal-Charismatic mission agencies like Blessing Youth Mission, India Evangelical Team, Native Missionary Movement, along with others are engaged in a number of translation, literacy, medical, evangelistic and community development projects as part of their ministry of social and spiritual service in this state. 9.2. Ecclesiastical Freedom: Pentecostal movement is mark by strong congregational ecclesiology. This movement gained a principle of ecclesiastical freedom, which maximizes the role of the local congregational. A movement of the Spirit not controlled by ecclesiastical structures or hierarchy. Pentecostalism promotes corporate and individual discipline and spiritual autonomy among the Dalits and the tribal. As a result of this movement every members of the Dalits Pentecostal churches are allow to fully participate in all activities of the church like prayer, reflections, singing and decision making. Their participations are not based on physical qualifications but on the basis of their experience of the Holy Spirit in their lives. Dalits worship is the expression of real democracy and equality. There is no social discrimination among the worshippers they all come together as one family in Christ. In Dalit Pentecostalism salvation  is essentially the same for men and women. 9.3. Spirituality: The outpouring of the Holy Spirit, variously called revival, renewal, Pentecostal and charismatic movement, always produced a sense of sin and one’s unworthiness especially before God, a fresh realisation of sin forgiven, a fresh outburst of love for God and humanity, afresh burden to share God and his gospel to others, a new release of divine power manifested in prayers, praise, spiritual power encounters and healing. Pentecostal movement help the Dalits and the tribal to personally encounter with the Spirit of God and experienced its transformational power in their lives. 9.4. Emergence of Dalit Theology: According to V.V. Thomas, Pentecostalism has provided the Dalits with an experience of God in their everyday life. They experienced God through healing, financial blessings etc. They do not have any carefully written dogmas and theology but they narrate their experiences of God which give them a lot of satisfaction. In Dalit Pentecostal church they testify, pray spontaneously, and preach without written manuscripts but with a lot of theology in it which relates their everyday lives of the people, struggles, agonies, and burdens. It is said that some of the best preachers in the Pentecostal Movement in Kerala have come from the Dalit background. The Dalits Pentecostal formulated their theology through narrative form. The Dalits prefer a narrative expression of their theology and witness. 9.5. Mission: One of the greatest impacts of early Pentecostal revivals in India, as in most parts of the globe, was its missionary passion. The Pentecostal spirit took its people beyond their boundaries. The missionary waves from various revivals like Mukti, Kerala, and, others impelled the people to be witnesses of the Pentecostal message in many parts of India. Pentecostal has influence the Dalits in the area of mission, one of the chief reasons for Pentecostal growth is its strong emphasis on mission and evangelism. Even in tribal region in Northeast the charismatic movement has resulted in remarkable church growth in many places. Part of the Pentecostal expansion in Kerala is due to outreach ministries to tribal and other  deprived population. Pentecostals have established many churches among hill tribes and estate labourers in remote areas where they have found abundant response. In South Indian Pentecostals became involved in educational and community development programmes along with the expansion of evangelistic and church-planting activities. The missionaries from south India play a vital role in making Pentecostalism a movement in Rajasthan which became a predominantly tribal religion in the state as more tribal people became involved in the movement. 10. Evaluation Pentecostalism has been described as one of the fastest growing global religion of the 20th century. Indian Pentecostals understand the manifestations of the Holy Spirit as a transforming and an empowering experience. Being filled with the Holy Spirit enables people to do extraordinary things otherwise impossible. Pentecostals believe that living in the life of the Spirit can lead to deliverances from all types of oppressions even physical healing. The Holy Spirit is seen as encompassing all of life’s experiences and afflictions. Through Pentecostalism Dalits expressed their opposition to the caste system in Hinduism as well as to the caste based hierarchy of the Church. This is one reason I find that people of different faith traditions to join in the Pentecostal movement on a basis of millennial equality because they just wanted to become people with full dignity before God. Pentecostal therefore became a sanctuary for people who were seeking better social status. Dalits and tribal has a long history on struggle for freedom from various domains. They go through discrimination, inequality, injustice and oppression from the high caste and also from within the church. It was in this context the modern Pentecostal movement message of oneness, equality, dignity regardless of castes and races reached India. The Dalits whose situations are worse than the tribal found this movement appealing to their aspiration in life began to respond to the movement. By 20th century the Dalit actively take part in the Pentecostal movement which has its great impact upon them. This movement has arose the self-awareness within the community and they became conscious of their social identity and they responded to the movement. The Dalit-led congregations tend to emphasize emotionalism, spontaneity, and the  priesthood of all believers, and to conceive salvation in collective terms and as the overcoming of worldly oppression. The Dalits and tribal are the weaker ones in the society and in many ways they have been subjugated and discriminated by the high caste people and their history of struggle still continue. However, the tribal have better status and position than Dalits in the society. Dalits embraced Pentecostal movement mostly with the hope of physical aspect of liberation, whereas, the tribal mostly on the aspect of spiritual liberation. Though Pentecostal movement has made a great contribution towards the Dalits and tribal Pentecostal, ther e are also some areas where this movement has its negative impacts upon the Dalits and tribal. Especially in tribal region in the North east the coming of the Pentecostal movement has divided the church into denominations which has become one of the biggest hindrances to the non-Christians to accept Christ. In the present generation many of the charismatic churches has lots of nominalism. There are instances where their charismatic activity has become a hindrance to others because there are some people who pretend to speak tongues and prophesies which is not from the Spirit but from their own heart. These things are creating confusions and doubts in the working of the Holy Spirit. There are also some people who carry two different personalities in them, inside the church they are different person and outside the church another different person. When we reflect to the beginning of the Pentecostal movement, the early believers received the gifts of the Holy Spirit and they were moved by the Spirit. But today speaking of tongue, using of symbols like â€Å"Hallelujah† or â€Å"Praise the Lord† are becoming a mere traditional in the charismatic churches. These are some of the negative impacts rising in the charismatic churches which are dangerous for our churches. Pentecostal churches needs to be biblically grounded and go back to the earlier emphasis on purity of life and transparency in one’s relationship with God and with one another. The central focus should be on God and not in any other else. II. Conclusion Revival in the Christian community has paved way for the emergence of Pentecostal movement in India. This movement has a great impact to the Dalits and the Tribal. However, as to my observation very few documentation  or research work has been done on the Pentecostal movement in India. In fact among the tribal we hardly have any research works on Pentecostalism especially in North East India. Therefore, with the limited source the presenter has tried to bring to our understanding of modern Pentecostal movement and its impact among the Dalits and the Tribal of India in this paper. To sum up the paper Pentecostal movement aims to achieve human dignity, respect, equality, and for more freedom both in social and spiritual aspects. 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