Employment Law Case Study Example | Topics and Well Written Essays - 2750 words

Employment Law - Case Study Example I'm only doing my job." He then picked up heavy glass paperweight from the desk and threw it at Mrs Simpson, hitting her in the face which resulted in serious injury. Tom tried to justify his behavior by claiming that his line manager, Sarah Harper, has been constantly criticizing his performance, customer care approach and time keeping. Later, at an official party, where he was rebuked and laughed at for his conduct with the customer, he picked up fight and injured one of his co-employee. In the facts and circumstances given above, two incidents of causing injury are directly attributable to the employee. Thus, the issue presented for consideration is as to who would be held liable for compensation to the victims for the tortuous and wrongful act of Tom Barnes. Apart from the criminal liability of Tom Barns for which a separate action would lie either by the employer or by the customer, in all probabilities, the relief of monetary compensation or punitive damages can be sought by the customer by primarily suing the employer as defendant as the employer is liable under tort for the acts committed by his employee. The liability of the employer for the tort or wrongful commission of an act by an employee emanates from the well known maxim "Respondent Superior", which means, Superior is responsible or let the principal be liable. This liability derives its validity from the fact that he who does an act through another is deemed in law to do it himself. This is also known as vicarious liability of the employer. Vicarious Liability As stated above, Vicarious liability is an old principle of employment law whereby the employer is held to be responsible for the acts of its employees when they are acting within the course and scope of their employment. The vicarious liability of the employer can be traced to the definition of employer-employee relationship propounded by the U.S.Supreme Court in the case of United States v. Silk (1) 91 L.Ed. 1757: 331 U.S. 304 (319), per Reed, J. wherein it was agreed that the test was whether the men were employees " as a matter of economic reality". The important factors were said to be "the degrees of control, opportunity of profit or loss, investment in facilities, permanency of relations and skill required in the claimed independent operation." The indicia of employer-employee relationship is further elaborated in the "Re-statement of the Law" (2) as follows: (a) The extent of control which, by agreement, the master may exercise over the details of the work; (b) Whether or not the one employed is engaged in a distinct occupation or business; (c) The kind of occupation with reference to whether, in the locality the work is usually done under the directions of the employer or by a specialist without supervision. (d) The skill required in the particular occupation; (e) Whether the employer or the workman supplies the instrumentalities, tools and the place of work for the person doing the work; (f) The length of time for which the person is employed; (g) The method of payment, whether by the time or by the job; (h) Whether or not the work is a part of regular business of the employer; and (i) Whether or not the parties believe they are creating the relationship of master and servant. It would follow from the above that since the employee is in total control and supervision

Field Notes and Reports Essay Example | Topics and Well Written Essays - 500 words

Field Notes and Reports - Essay Example Criminal investigation is the way of finding out, assembling, organizing, classifying and presenting evidence to establish what occurred and the person involved with the crime. Criminal investigation is a useful process, and it uses subtractive explanation, a reasonable procedure in which the ending follows from certain details. An investigator proves that the suspect is guilty of a crime through a certain aspect of the evidence (Lyman, 2013). There exist three main scientific methods in which a criminal can be identified, they include; Dactylography: is the study of fingerprints as a way of identifying an individual. Dactylography is regarded as a dependable way of recognizing an individual because the fingers’ and hands’ papillar lines are unique (Lyman, 2013). DNA: Forensic scientists can utilize DNA contained in the semen, blood, skin, saliva or hair found at the scene of a crime to recognize an identical DNA of a suspect. The FBI was the initial public sector crime laboratory in the United States to allow cases for DNA scrutiny. Uniformed and plainclothes officers play different roles in the criminal investigation as people rely on them to safeguard their lives and property. Various police officers focus in various fields such as chemical and microscopic scrutiny, guiding and firearms lessons, or handwriting and fingerprint recognition. Some work in various departments such as Special units and special weapons and tactics also known as SWAT (Lyman, 2013). It reviews and estimates the related features of an offense committed by diverse criminals. The inductive reasoning is founded on the hypothetical and investigational study of the criminal behavior. Inductive reasoning does not require expert forensic acquaintance, education or guidance in the criminal behavior study (Becker, & Dutelle, 2013). Deductive reasoning requires acquaintance and application of psychology, sociology, criminology and psychiatry. In deductive reasoning an

Values Of Russian Education Essay -- Philosophy Philosophical Essays

Values Of Russian Education ABSTRACT: The paper discloses changes in Russian education from a prospective which focuses on the culturology of education (Krylova 1994, 1995, 1996), a new trend in theories of education that is being constructed upon the established turf of philosophy of education. The culturology of education includes inquiry concerning both cultural values and pedagogical methodologies. It attempts to explain the whole complex of cultural, sociocultural, and multicultural problems in education with reference to principles drawn from both educational theory, and cultural anthropology and philosophy. I argue that the solution to many educational problems will become possible when the educator or researcher utilizes the culturological approach in effective ways. The modification of practical and theoretical values in a given system of education is the best gauge of positive change and innovation in education. But as known, there are different kinds of values. For example there are value-myths and value-ideals, enduring and time honored values and and newly articularted values, invariable and variable values, and finally values based in super-personal, personal and interpersonal spheres of endeavor. The real values of education (and philosophy of education, too) have changed in the last years to a considerable extent. The Law of RF (On Education, at July, 10, 1992) directs educators to repect the following principles: education needs to be "humanist" in nature, entailing respect for human individuals; education needs to uplift values common to all humankind; there needs to be a unity of federal cultural and educational space; there needs to be protection for national cultures and regional traditions, so tha... ...not emphasize. The time has now come for culturology to develop their ideas and the practical norms that will change education. References Asmolov A. (1996). Cultural-historical psychology and constructing of the worlds. (Russ). Moscow. Haberman, M. (1991). Can cultural awareness be taught in teacher education programs? In: Teaching Education, N.4, 25-32. Krylova, N. (1996). The Introduction into culturological problems of education. In: New Educational Values: Cultural and Multicultural Environment of Schools (Moscow). N.4, 132-152. Ladson-Billings, G. (1995). Toward a Theory of Culturally Relevant Pedagogy. In: American Educational Journal. V32, N.3, 465-491. Pai, Y. (1990).Cultural foundations of education. Columbus, OH: Merrill Publishing Company. Rozin V. (1994). Psychology and cultural development of the Man. (Russ). Moscow, Russ.Open Univ.

Moving to a new school

Moving to a new school, I admit, is quite frightening. Especially if you are moving in the middle of school year where everybody had already found their own group of friends. But this can change. Maybe moving toa new school can be so much better than staying in your old school, or it can the best and unforgetable experience for you at school. In order to achieve that, here are some tips that can help you. First, ask the teachers in charge of the informations you might need or know in the school. You may contact them via phone or directly.The informations you got from the teachers in charge could be used by you as a guidence to help you adapting in the new school. The teachers whose in charge, whether its a He or she could tell you how to dress for the first day and the things you need. Since you're a new student and have no idea of the rules, They will probably tell you about things that are prohibited by the school to be worn on the first day, no skinny Jeans, no mohawk hairstyles, no braceletes, no crop tops, and manyore. Second, prepare everything beforehand.It ill decrease the possibility of forgetting important things. Third, be open-minded, don't be shy and try to talk to everyone whenever you see the opportunity. If you act like you're scared, people will be reluctant in approaching you. Just act normal and you'll be fine. The last one, make new friends. They will be the ones who help you going through your first year. By following their advice you will be more comfortable moving to a new school. From what I've learnt, the relationships inventory can be classified into two groups.The first one is being people that are able to socialize properly and the other one being people that felt left out and cant blend in their society. After reading and analizing the inventory, i realized that I'm in the middle of those two groups. Sometimes i would rather stay at home spending time by myself than going out with friends or family. I am accepted by my friends, fami ly, and the teachers. They seem to like me but most of the time i am not confident. But other times i can be friendly to everyone and talk to them.Moreover i can share opinions with my friends. I wanted to be in the first group. I want to be able to socialize with everyone and be open- minded. In order to do this, i must develop more self-confident and learn not to be afraid to be myself in front of people. By doing this, I'm sure i can improve. We always wonder and wish to be a famous actor/actress/artist one day. But living as a popular person who surrounded by hundreds of cameras' light everyday might be so annoying sometimes. But have we ever wondered why those paparazzi took the pictures?Is it because of the famousity we have, the achievements in our work, or is it because we did something wrong? Thats Just what happened currently with AQJ, or mostly known as â€Å"dul†, the smallest son of Ahmad Dhani, one of most known musician in Indonesia. Dul has Just had a car acci dent which killed more than 6 people. Dul is still 13 years old, so his father forbid him to drive alone. But it seemed from the source in television, Dul was not listening to his father, so he went to bogor with his at night.Dul was driving â€Å"lencer† car and was believed reached 150km/h speed inimum. Because he drove with a very high speed, he couldn't control the car's balance which made his car crashed the highway seperator and moved to the other road. Since there are victims of this car accident, the victims' family asked the accountability from ahmad dhani's family. Responding to the the victims' family, Ahmad Dhani made a promise to pay for all the education fee until the victim's kid graduate from university. If Dul listened to his father to not driving alone, the car accident wouldn't happen.

A Comparative Analysis of Juvenile Crime In The United States And Japan Free Essay Example, 13750 words

In general, juvenile crimes are committed by individuals under an agreed upon age of legal responsibility. In areas like the United States, there are variances in such designations that make definitive comparisons using juvenile crime statistics imperfect. For example, some states try 16- or 17-year-olds based on the offense, which can lead to situations in which persons under 18 are tried as adults (Puzzanchera, Adams & Hockenberry, 2012). Though not a perfect predictor, it generally can be assessed that the more serious (violent) the crime is, the greater the chance that a state will try a 16- or 17-year-old as an adult. In Japan, the juvenile delinquency problem is as rampant as in the United States. â€Å"In Japan, the crime situation was very good and stable during almost all the postwar Showa Era (1945-1988), while the United States was suffering from crimes. In the late 1980’s, however, crimes in Japan started to increase rapidly, while those in the United States dropped dramatically† (Ogino, 2005). First time offenders are repeating their crimes as early as the same year as the first offense. We will write a custom essay sample on A Comparative Analysis of Juvenile Crime In The United States And Japan or any topic specifically for you Only $17.96 $11.86/page Environment is perhaps the greatest influence on adolescent behavior. This includes family setting, peers, societal pressures through media, and even the internet. In the United States, children are overwhelmed by advertisements for video games, movies and media gadgets that promote and even glorify crime. Many of the video games by Sony PlayStation and Microsoft Xbox award points for murder and theft while promoting sex. Sony PlayStation’s Grand Theft Auto is based upon strategies to steal cars. Part of successful research is comprised of looking in the right places. The factors that contribute to juvenile crime change over time along with economic conditions, trends, and people. These changes must be taken into consideration over time, as opposed to continuously looking in the same basket.

Business Plan For A Business - 1221 Words

Business plans are documents used for planning out specific details about your business. They can range in size from a simple few sentences to more than 100 pages with formal sections, a table of contents and a title page. According to Entrepreneur Magazine, typical business plans average 15 to 20 pages. Comprehensive business plans have three sections business concept, marketplace and financial and these are broken down into seven components that include the overview or summary of the plan, a description of the business, market strategies, competition analysis, design and development, operations and management, and financial information. The primary purpose of a business plan is to define what the business is or what it intends to be over time. Clarifying the purpose and direction of your business allows you to understand what needs to be done for forward movement. Clarifying can consist of a simple description of your business and its products or services, or it can specify the ex act product lines and services you ll offer, as well as a detailed description of your ideal customer. And the following are the major elements of a business plan: http://smallbusiness.chron.com/importance-purpose-business-plan-760.html †¢ Official outline would the vast majority imperative and only your benefits of the business plan, must make clear, brief Furthermore forcing so individuals will read further Furthermore ought to make composed after you bring finished the opposite segments fromShow MoreRelatedBusiness Plan For A Business1223 Words   |  5 Pagesyour own business is to prepare a business plan. A business plan is a written document describing your business future. It tells potential investors and customers what your goals are for the company and how you plan to achieve that. You will need to define your business, products and services, operating procedures and the route your company intends to take to achieve the goals that are set forth. This information summ arizes the sense of your business in a single document. Business plans are inherentlyRead MoreBusiness Plan For A Business998 Words   |  4 PagesIntroduction Prior to initiating a business, it is necessary for the management and the people involved to make sure that a proper business plan is set out in order to understand the needs of the business. In addition to this, it should also be made sure that the market is properly analysed and all the competitors are studied before taking any step related to the new business. Every business has different needs and is initiated in a different scenario. The business plan under evaluation in this paperRead MoreBusiness Plan For A Business1276 Words   |  6 PagesA business plan is sometimes ignored by some people, but I think it is important to develop a good business plan. I think this should be an interesting topic to discuss about. Yesterday, I receive a phone call from a new client asking for help to build a business plan for his new business. My role in this part as a business consultant is to not blindly do the work for my client but asking them questions to generate information about his i deas, and level of involvement to better help him build hisRead MoreBusiness Plan For A Business840 Words   |  4 Pagesâ€Å"Business plans are statement of a business goals, reason they are attainable and plans on meeting it’ (FoxBuisness, 2013). A business plan maps the course and gives a detail plan on how these goals are achievable. It is also important to establish a solid business plan for funding. Some small business use venture capital, bank loans, personal funds, and private investors as sources of funding. The business plan must therefore, sell investors. A well-written convincing business plan can buy investorsRead MoreAn Business Plan For A Business Essay1394 Words   |  6 Pagescelebration. This business sells games and other entertainment products. This business is commercial, but has a social conscience. It wants to sell to service a need, but also hopes to enrich the lives of those it serves as it addresses a need for meaning, not just connection or celebration. This business produces original IP to compete in the entertainment industry. This business will not produce entertainment that is divisive or for purely solitary consumption. This business might start withRead MoreBusiness Plan For A Business Essay1708 Words   |  7 Pagesbrand-new business, expand an existing company, or get financing for a business venture, you will need to write a business plan. A business plan not only lends your business a sense of credibility, but also helps you to cover all your bases, increasing your chances of success. Although writing a business plan can be a lengthy, intimidating project, it is not necessarily difficult. Here is an overview of how to write a successful business plan. What to Include in Your Business Plan Your businessRead MoreBusiness Plan For A Business1546 Words   |  7 Pagesenterprise, especially a business, usually with considerable initiative or risk†. They are usually characterized as people with greatly valued self-reliance, with high optimism and people who who strive for distinction through excellence. I am interested in starting my own basketball business and becoming an entrepreneur. In order to start a business I need a business plan. From research, I have learned that my business plan needs to have an executive summary, identification of my business, financial recordsRead MoreBusiness Plan For A Business2550 Words   |  11 PagesActivities 1. Review current menu in terms of business focus 2. Get staff feedback 3. Get customer feedback 4. Point out restaurant goals and business 5. Write menu redesigning proposal 6. Get restaurant owners approval 7. Initiate stake holder support 8. Get stake holders approval and contribution 9. Redesign new menu 10. Trail with restaurant stake holders 11. Modify the trail menu 12. Mass print the modified RESOURCES 1. Restaurant business plan, current menu, current and historical sales reportRead MoreBusiness Plan For A Business1866 Words   |  8 Pages Business Plan Buiness model in theory and practice according to Wikipedia is used for a broad range of informal and forma l descriptions to represent the core aspects of a business, including the purposes of that business, its process, target customers, of ferings, strategies , infrastructure, organizational structures, trading practice, and operational processes and policies . Below, we would look at two kinds of business model (franchise and tradition al business) , their pros and cons, o r theirRead MoreBusiness Plan For A Business2550 Words   |  11 PagesActivities 1. Review current menu in terms of business focus 2. Get staff feedback 3. Get customer feedback 4. Point out restaurant goals and business 5. Write menu redesigning proposal 6. Get restaurant owners approval 7. Initiate stake holder support 8. Get stake holders approval and contribution 9. Redesign new menu 10. Trail with restaurant stake holders 11. Modify the trail menu 12. Mass print the modified RESOURCES 1. Restaurant business plan, current menu, current and historical sales report

Evolution in the School System Essay - 1664 Words

Evolution in the School System The debate over the teaching of evolution in schools has been an ongoing issue. It first came to the public’s attention in 1925 during the legendary trial Scopes v. State of Tennessee., also known as the Scope’s Monkey Trial. During that time, a young science teacher from Tennessee was on trial for teaching evolution in his classroom despite the state’s constitution stating that only creationism be taught. After much debate and deliberation, the United States Supreme Court ruled in favor of John Scopes, giving teachers throughout the state the freedom to openly teach evolution to their classroom (Farris 163). Much legislation has been passed since that trial, to either ban evolution, or further its†¦show more content†¦As a student at Bronx High School of Science in New York, Jerry Won is frustrated at the teaching of evolution alleging that â€Å"[teachers] teach evolution as fact† (Carnes 3) and â€Å"never teach the flaws [in the Darwinian theory].† (Carnes 3). Similarly, in a survey given to 23 high school students, only one subject felt that humans â€Å"gradually evolved into intelligent human beings† (Dunn). Indeed the evolution theory contains many fallacies. According to Doctor Duane Gish â€Å"the probability of a protein of only 50 amino acids forming by chance would be one to the 65th power† (Gish 23). This statistic would make the idea that life arose by chance an impossibility. Also, â€Å"the rate of destruction ...of amino acids by ultraviolet light or electrical discharges far exceeds their rate of formation† (Gish 23). This is like trying to construct a building with someone going behind the builder and knocking down all of the boards that have previously been put into place. Evidence of the false theory of evolution can also be seen in the data gathered from space. Recent scientific study has concluded that the moon is slowly pulling away from the earth at a very st eady rate. If the moon has been pulling away from the earth at a steady rate, it would have been so close to the earth at the dawn of time, that survival of almost anything would have been impossible due to the largeShow MoreRelatedEvolution over Creationism for the Public School System Essay1829 Words   |  8 Pagesgoing to Sunday school, and they’re telling them that God created them, and then they go to school and they’re being taught that man evolved from an ape† (White, Gary). The argument has taken the better part of a century, as to if creationism or evolution should be taught in public schools (Vedantam, Shankar); and no closer have we came to deciding which idea or more appropriately which theory should be taught to the youth of America. Roughly twenty to twenty-five percent of public school educators holdingRead MoreThe Scopes Trial And Its Effects On The American Education System1719 Words   |  7 PagesThe trial was a lawful case in 1925 in which a substitute high school teacher, John Scopes, was charged with violating Tennessee s Butler Act, which made it illegal to teach Darwinism in any state-financed school. This trial was a gathering between various polar opposites, for example, Fundamentalism and Modernism. The fundamentalism and modernism conversion during the Scopes Trial had an extreme impact on the American Education System. The Scopes trial was a trial over a misdemeanor offense by substituteRead MoreA Number Of Years About Evolution And Creationism1592 Words   |  7 PagesThe Gallup organization has asked three questions for a number of years about evolution and creationism. Question one: Do you think God created humans pretty much in our present form at one time within the last 10,000 years? Question two: Do you think we developed over millions of years from less advanced forms of life, but God guided this process, including our creation? The third question: Do you think we have developed over millions of years from less advanced forms of life, and God had no partRead MoreCreationism vs. Evolutionism in Public Schools1538 Words   |  7 PagesCreationism vs. Evolution in Schools: 1st Affirmative Constructive Speech Creationism and Evolutionism by definition are very different topics. Currently, evolutionary naturalism is the most widely taught view of origins in America. In schools in the modern day, only evolutionism is taught and condoned. But before the 1920s, only creationism was taught, and evolution was forbidden. Then, on February 20, 2008, the Florida State Board of Education voted to revise the public school guidelines to requireRead MoreThe Theory Of Evolution Or Intelligent Design1677 Words   |  7 Pagesseem to be shrouded in mystery, but in modern America two main theories have come to dominate as the explanation; either the theory of evolution or Intelligent Design. The theory of evolution was first published by Charles Darwin, a famous figure who is just as controversial in modern society as he was in his own time. He introduced the public to the theory of evolution in his book On the Origin of Species, where he proposed that new species evolve from older ones through Natura l Selection, or the processRead MoreThe Theory Of Evolution Of Creationism977 Words   |  4 PagesThe theory of evolution is at odds with the views of many religions, and many people want to allow a religious view of creationism to be taught in the public school system. The foundation of evolution is based upon the belief that the origin of all ordered complex systems, including living creatures, can be explained by natural laws without the initiation or intervention of God. A person who believes in the biblical model of creation is viewed by some non- believers as a naive, narrow-minded religiousRead MoreEssay on Creation vs. Evolution in the Public Schools1342 Words   |  6 Pageswith irrefutable evidence. However, regardless of the inability to prove either concept, most public school systems promote evolution as a scientific fact. Many students who lack firm beliefs about the origin of life believe what they are taught without giving any personal thought to the matter. Instead of robotically absorbing biased information, schools should present information about evolution and creation to students and promote a ‘self-deciding’ approach to learning rather than forcing studentsRead MoreCreation Versus Evolution in Schools770 Words   |  3 PagesCreation vs. Evolution: the School Front Despite great efforts to convince the opposing belief for centuries, a battle still brews amongst creationists and evolutionists over the beginning of life and the universe, but neither opinions’ palpability can be firmly upheld through scientific manners. Since science can only prove hypotheses that are testable and based on current observations, neither creation nor evolutionary concepts can be proven with irrefutable evidence. However, regardless of theRead MoreEdward Larsons Work Summer For The Gods1199 Words   |  5 PagesDarwin’s theory of evolution. Darwin s account of random variations, coupled with his survival-of-the-fittest selection process, posed a critical problem for many Christians who retained a teleological view of nature.† (Larson, 17) This threat to Christian spirituality sparked an anti-evolution movement in an attempt to revoke the teachings of evolution in public school systems. The Tennessee House of Representatives soon passed a statut e making it illegal for any public school official to teachRead MoreIntelligent Design: A Bona Fide Theory Essay1278 Words   |  6 Pagesthere is no tolerance for it to be taught in America’s public school education system (Discovery Institute, 2012, para. 2). Those against the idea of intelligent design (ID) being taught in schools argue that it would be unconstitutional, going against the separation of church and state, and ID should not be taught due to the significant amount of evidence supporting the theory of evolution. Those for ID being taught in public schools argue that intelligent design is a scientific theory employing