Tuesday, August 25, 2020

Radiographic Modalities in Detecting Suspected Child Abuse

Radiographic Modalities in Detecting Suspected Child Abuse The moves people make against a youngster so as to perpetrate passionate or physical mischief are, tragically, restricted uniquely by the creative mind. Youngster misuse has been officially characterized as the shaking, punching, battering, hitting, harming, singing or consuming, suffocating or suffocating a kid as well as in any case taking an interest in activities that lead to the child’s physical damage (Safeguarding Children 2006). As of the most recent quite a while, the meaning of kid misuse has likewise coordinated the inability to forestall damage to a kid (Safeguarding Children 2006). In 1946 pediatric radiologist John Caffey first used radiographic pictures in the finding of youngster misuse when cracks of the long bones were joined by subdural hematomas (Longman, Baker Boos 2003). In 1962 Kempe et al. (as refered to by Longman, Baker Boos 2003) offered the term battered youngster disorder to depict wounds found in kids steady with examples of misuse, with skeletal oddities the most widely recognized wounds found in this condition. For instance, bone breaks are seen in as much as 55% of misuse cases (Longman, Baker Boos 2003). As momentum research shows (Freeman 2005; Zimmerman Bilaniuk 1994), the radiographer is regularly the main human services supplier that kid sees who is in a situation to associate or decide the nearness with a non-mishap injury (NAI). Davis (2005) brings up the radiographer sees the kid stripped and is in a situation to see lash marks and other wounding demonstrative of youngster misuse while trying to recognize different zones of injury th rough the radiographic assessment; along these lines seeing irregular wounding or other improper real checks on the patient can help set up an example of maltreatment related to the radiologic discoveries of injury. While Silverman (1987) states that radiography can be utilized to decide both nature of injury creating power just as time of injury alert is likewise pushed as different issues that radiography traditionally is utilized to distinguish can be mistaken for youngster misuse, for example, the radiologic proof of scurvy, osteogenesus blemished, self-supported injury and childish cortical hyperostosis. Youngster misuse measurements Longerman, Baker and Boos (2003) relate stunning measurements for youngster misuse. In the only us during 2000, 1,200 youngsters were lethally harmed in scenes of kid misuse, For instance one to two kids are lethally manhandled by a parent or other guardian on a week after week premise (Safeguarding Children 2006). Norris (2001) states that as much as 27% of cases introduced as accidental wounds were in reality because of occurrences of kid misuse. Youngster misuse related fatalities among kids under 1 year old enough comprise 41 44% of detailed instances of misuse or disregard (Offiah 2003’ Longerman, Baker Boos 2003). Radiographer duties by law The law is very unequivocal with respect to the job of the radiographer in instances of suspected youngster misuse. For instance, the Children’s Act of 1989, Section 27 unequivocally requires every human services supplier to play out all assessments mentioned by other social insurance experts or lawful specialists when cases present with suspected youngster abuse or misuse (Aspinell 2006; Freeman 2005). As a subordinate to the 1989 Act, with explicit respect to human services experts, The Children Act of 2004 orders an additional duty past individual practice rules when working with a manhandled kid or suspecting abuse, and necessitates that medicinal services specialists cooperate to share data as suitable and participate so as to offer the best treatment for the youngster (Aspinell 2006; Davis 2006). Extra rules on the radiographer’s job in instances of suspected kid misuse are promptly accessible (Freeman 2005). Be that as it may, regardless of whether law or not, eventually, the radiographer has legitimate, proficient and individual obligations in identifying instances of suspected kid misuse and has many imaging methodology alternatives. Stover (1986) lets us know explicitly that radiographic assessments can help the distinguishing proof of the injury, instrument of injury, for example, shaking, bending, footing of an appendage or direct blow. Moreover and all the more critically, the radiographic assessment can recognize earlier injury and decide proof of mending forms; which are all vital in circumstances of suspected youngster misuse, abuse or risk (Stover 1986). In this way, this exposition will audit the scope of radiographic imaging methodology choices accessible when kid misuse is suspected. It is considered past the extent of this article to talk about the legitimate jobs and duties of the radiographer in instances of suspected youngster misuse and all things considered, data identifying with this will be expressly rejected past those demonstrations and rules featured previously. Additionally, it is considered past the degree to examine radiographic diagnostics comparable to imaging advancements. The rest of this paper will concentrate carefully on imaging modalities. Standard radiographic x-beam Kirks (1983) accepts that standard radiographic x-beam (SXR) imaging is proper for wounds related with skeletal breaks, pneumoperitoneum, gastric dilatation or injury to the aspiratory parenchyml, which are normal in instances of kid misuse. Specialists disclose to us that skeletal assessments are especially important in cases were non-unplanned injury (NAI) is suspected (Gutanunga, Evans Harrison 2007, Johnson 2007; Summerfield et al. 2007; Offiah 2003) and is the most grounded radiologic based pointers that youngster misuse or abuse has occurred (Diagnostic imaging 1991). Specifically, Alexander and Kleinman (1996) accept that in kids under 2 years old giving wounds steady with youngster misuse the skeletal overview is basic. Parks (2002 as refered to by Imaging suspected NAI 2002) reveals to us that in spite of the fact that the most suitable in instances of suspected NAI, the skeletal overview is one of â€Å"the most troublesome assessments to perform† given general hesitance of the little youngster to submit to the assessment, the sincerely charged situation encompassing the skeletal review demand and the incessant criticalness required. The skeletal overview normally comprises of the accompanying pictures: AP/PA chest, diagonal perspective on the ribs, sidelong skull study in a more established youngster, AP pelvis/femora, AP tibia/fibula, AP humeria, AP lower arms, DP/AP hands, Half pivotal/Townes skull projection, AP 20 degrees skull projection and horizontal aptitude projection in more youthful kids, parallel spine and DP of the feet (Parks 2002 as refered to by Imaging suspected NAI 2002). So as to limit radiation introduction to the creating tissues of little youngsters, exceptional pediatric imaging frameworks have been modernized to utilize uncommon tapes, movies and increase screens (Diagnostic imaging 1991). In youngsters more seasoned than five years old, Alexander and Kleinman (1996) disclose to us the skeletal study is essentially of no utilization when screening for wounds, yet clinical pointers should direct whether such a radiographic assessment is performed. A fresher radiographic aide to skeletal overviews is the bone scintigraphy, additionally alluded to as radionucleotide scintigraphy (Conway et al. 1993; Howard, Barron Smith 1990), supported by ebb and flow research as a corresponding method to the skeletal review as opposed to a substitution when NAI and kid misuse are suspected (Mandelstam et al., 2003). Mandelstam et al. (2003) archived the capacity to distinguish hard peculiarities that avoid customary radiographic skeletal pictures. For instance, 20% of those concentrated by Mandelstam et al. (2003) announced typical skeletal overviews; anyway wounds were apparent upon bone scintigraphy. This model confirmations the expanded affectability of the bone scintigraphy noted by Conway et al. (1993), making a bit of leeway in surveying delicate tissue wounds notwithstanding injury to bone structures. Apgar (1997) stresses SXRs can be of foremost significance for surveying potential kid misuse or abuse through the imaging of hands and f eet to evaluate for breaks. Specifically, Apgar (1997) reveals to us that bone sweeps and skeletal overviews that emphasis on a diagonal perspective on the hand or foot join to report breaks in the hands and feet through confirming recuperating at various stages just as distinguishing cracks from bowing or turning an appendage or digit as opposed to exacting a hard impact. Alexander and Kleinman (1996) accept the skeletal overview ought not be utilized as an essential demonstrative methodology, however ought to be utilized related to SXRs. By and large a GP or essential consideration doctor will demand a skeletal overview be performed when kid misuse is associated to evaluate current and age with earlier wounds. CT Scan Non-unintentional head wounds (NAHI) are the main source of death or neurological brokenness found in babies (Jaspan et al. 2003). Analysts concur CT checks are the perfect radiographic methodology to survey pediatric head injury from which to assess injury as well as family conditions that would prompt NAIH ends characteristic of kid misuse or abuse (Jaspan et al. 2003; Hymel et al. 1997; Alexander Kleinman 1996). Fell (2007) reveals to us CT is suggested over standard SXR as SXR are known to defer analysis; anyway SXR in a triage setting when CT isn't accessible when combined with understanding perception is as yet an alternative. Stover (1986) accepts that a head CT ought to be viewed as required for episodes of pediatric head injury. Lamentably, as Jaspan et al. (2003) demonstrate, there are no consistently settled upon conventions for radiographic imaging of NAHI. Moreover, Alexander and Kleinman (1996) accept that CT examines without the utilization of a MRI may disparage the d egree of injury supported, for instance, MRIs can picture subdural hematomas, which as per Alexander and Kleinman (1996) might be â€Å"the just target imaging proof o

Saturday, August 22, 2020

Advantages and Disadvantages of Franchising

Points of interest and Disadvantages of Franchising Diversifying Franchising is game plan where one gathering (the franchiser) awards another gathering (the franchisee) the option to utilize exchange name just as certain business frameworks and procedures, to deliver and showcase great or administration as per certain particular. The franchisee generally pays a one-time establishment charge in addition to a level of deals revenueas sovereignty, and increases quick name perception, attempted and tried items, standard structure and decor,detailed method in running and advancing the business, preparing of representatives, and continuous assistance in advancing and overhauling of the items. The franchiser increases fast development of business and earningsat least capital-cost. Highlight of the establishment is that every purchaser embraces to satisfy the different conditions and necessities of the dealer (franchiser), identified with the creation and offer of merchandise and the arrangement of related administrations to buyers. According ly, on the planet showcase there are gatherings of organizations joined in a solitary framework under the sponsorship of a significant global enterprise. Its accomplices in the agreement the franchisor gives counsel on corporate area, chooses hardware, helps in preparing, exhortation on the board, and may likewise give money related help. This encourages the normalization and unification of items and administrations of the organizations remembered for the arrangement of diversifying gives solidarity on advertise occasions, style and structure, the nature of merchandise and enterprises sold the centralization of acquisition related reserve funds (and the extra advantage to the franchisor). Focal points of diversifying mode are following (Kotler, 2002, p. 377): Rapid development of deals showcases, the increment in deals volume and the regional extension of the business Absence of the expense of the vertically-incorporated system the executives (decrease of staff costs) A lower level of own capital speculation Lift the glory of the organization and its trademark, acknowledgment from the clients, expanded trust in the quality and scope of items a solitary organization Income from the offer of the permit and leasing land establishment and gear Profit from loaning openings franchisees and lessening the hour of turnover. Drawbacks of diversifying mode are following (Kotler, 2002, p. 377): The probability of a littler piece of the benefits from the establishment business than on their own Low notoriety of one of the establishments without appropriate quality control can influence the notoriety of the firm; Difficulty in controlling the unwavering quality of money related detailing franchisee The franchisor is setting up a potential rival despite franchisee organization Joint endeavors Joint endeavors are frequently made for access to remote markets, company’s choice to collaborate with their outside accomplice, sharing proprietorship and power over the exercis es of the organization. In world practice, there are numerous instances of notable relationship of firms and partnerships to tap new markets and increase upper hand. Making of a joint endeavor might be the favored strategy for access to outside business sectors for the accompanying reasons: 1. In the event that the organization comes up short on the money related, innovative, administrative and different assets for self-advancement in outside business sectors 2. On the off chance that the legislature doesn't admit to its market outside organizations or auxiliaries without the support of nearby capital for some political or monetary reasons; 3. At the point when the organization, for monetary reasons, collaborate with an outside organization for the joint creation, the offer of which will give the organization higher benefits because of the minimal effort of utilization of nearby assets (work, crude materials, and so forth.)

Wednesday, July 29, 2020

The best of English, the worst of English

The best of English, the worst of English Hello, everyone! Its been awhile. How are you? This semester Ive been running around campus, and it looks a little bit like this. You may know the feeling: head down, tiny legs running faster than you thought they could to get out of the rain/cold/slush the weather decided to bestow upon us that day. Maybe a casual face-plant, or two. Although everything seems to be a dash for the finish line, I wanted to take a moment to slow down and appreciate my major. This semester is the first semester that Ive only had one English class. Most of my time is spent working at the Admissions Office, The Daily Illini, and at a startup, but last year I was taking three English classes a semester and I absolutely  loved  it. Sure, there can be a lot of papers (and by that I mean around 30 pages per class, per semester) but English classes provide you with something that a lot of other classes dont: connection. My classes vary in size, but every discussion session is about 15 people. Thats only  15 people, with their own respective majors, interests, ideas, hobbies, and opinions. And you get to know them, I promise. We are a relatively tight-knit group. When you put 15 people into a room all semester and just tell them to talk about books, its an experience that you wont get anywhere else. I dont think that even book clubs usually achieve this level of discussion (but that may have to do with the readings not being mandatory). Either way, its something to appreciate more as I transition from my major classes to my minor classes, which are a lot of large lectures. There are so many English courses to take, with so many topics available its sometimes hard to decide. Ive taken pre-18th century, post-18th century, medieval bodies, Shakespeare, Romantic literature, American literature, heroism and national identities (a comic book class), 19th century womens writers, and slew of other courses. Ive learned that, while it is amazing to be able to read all of the books I actually want to read (that youd probably never imagine reading for course material) its whats beyond that that matters. My backpack, sometimes. English forces you to look at things differently, survey a situation from all angles, and make an argument based off of your observations. Its difficult to convey your thoughts sometimes, and get them across to a large community of peopleâ€"often how its difficult to pitch a new idea to a boardroomâ€"but it provides you with that essential skill of written communication. Granted, it can be extremely difficult to churn out a 10-page paper in a couple weeks. The frustration of starting it is what gets me the most. But being able to demonstrate your thought process,   clearly explain what you want to say in a concise manner and actually have people understand it, thats rewarding. To some in the business world, its invaluable. Overall, its easy to say that I love my major, and my classes. But its nice to take the time to sit down and think about everything Ive accomplished so far in my years at the university. Its a lot more than reading books, and with my major Im confident that I can find my fit in a number of different fields. Just remember, no matter what your major, to pursue what makes you happy. If you ever have any questions about English majors, classes, or school in general, feel free to comment below. Alexandra Class of 2019 I'm an English major in the College of Liberal Arts and Sciences. I'm also minoring in Business. May my blogs help you with your searches toward finding what you love.

Friday, May 22, 2020

Hobbes vs. Thoreau - 2591 Words

Thomas Hobbes’ book, Leviathan and Henry David Thoreau’s essay, Resistance to Civil Government could not be more opposed when it comes to looking at the social contract from a political philosophy viewpoint. On the one hand, Hobbes maintains that humanity’s utmost obligation is to submit oneself to the authority of the sovereign state. Thoreau, on the other hand, argues that under specific circumstances, it is humanity’s duty is to resist the state. This paper will argue that Hobbes does not succeed in establishing our obligation to submit to the sovereign’s authority. Instead it is Thoreau whom is correct that in certain circumstances we are obliged to resist the State. The two main issues with Hobbes’ reasoning in Leviathan regarding the†¦show more content†¦One of the first aspects of Hobbes’ work that undermines his, mostly logically-sound Leviathan, concerns the Laws of Nature. Hobbes seems to take it for granted that all the people in a single state would agree with one another to submit all of their power to one authoritative entity, on the basis that they will realize it is in the best interest of their security. As professor Ian Johnston says, â€Å"If human beings are like sheep, I dont see why they need a ruler; if human beings are like wolves, I dont see how they will tolerate a ruler.† If, as Hobbes suggests, the state of nature is anarchy, then what aspect of nature drives all people to form a commonwealth? In this respect, it appears that Hobbes contradicts himself, for he proclaims that man is brutish, violent, and only concerned with self-interest, however he is also reasonable enough to form a social contract in which his own ease and commodious living is secured. In light of the latter characteristics of man that Hobbes describes, where man is rational enough to participate in such a social contract, the necessity of submitting oneself entirely to the sovereign authority is unfo unded and too extreme. The second main issue with Leviathan concerns the power of the government. Hobbes fails to explain why people would trust an authority made up of other people, no different from themselves. If every person knows that their own inherent violence and selfishness is what necessitates

Saturday, May 9, 2020

Mass Media Such As Television, Newspapers, And Internet

Mass media such as television, newspapers, and internet are the center of the public s communication and entertainment. Society relies heavily on mass media for their news, education, entertainment, and their socialization. It can inspire, persuade, and change the behavior of the audience depending on the objective. The public is often misinformed and uninformed by media outlets to control the information that reaches the public. As technology continues to grow, access to mass media continues to grow as well. Society has 24/7 access to news at all time whether it be on television, computer, cell phone and so on. The constant access also means the public has devices readily available to shine a light on things happening around them that†¦show more content†¦With the media’s ability to control the news, they play a significant role in politics. Citizens rely on mass media to keep them informed on political issues so that they can form an opinion about current events an d vote accordingly in polls. Unfortunately, according to Graber and Dunaway (2015), Like caricatures, media stories often create skewed impressions because they cannot report most stories in detail or full context. The lack of truth and details gives citizens the wrong idea of what is happening and a false impression of people represented in the stories. Therefore, the citizens remain uneducated and uninformed in regards to political issues and politicians, so they are unable to make the decisions needed to better the economy and the future. During the 2016 Presidential campaign between nominees, Hillary Clinton and Donald Trump, there was a tremendous amount of news stories spreading around the country. These stories had no evidence or facts to support their claims. Both candidates were depicted in situations that were untrue. Many false news sites published articles giving the public the impression that Hillary Clinton was heading to prison following an e-mail investigation by t he Federal Bureau of Investigation. Many fake news stories were shared about Donald Trump such as a story stating that Pope Francis endorsed him. The stories continuedShow MoreRelatedThe Effects Of Digital Media On Society s Media1714 Words   |  7 Pagesundeniable that the society is experiencing a mediated culture, where mass media have direct effects on our society. Newspapers, magazines, radios, and televisions constantly give out messages to promote products, attitudes, and ideas in an attempt to influence audiences. The effect is further enhanced when digital media, particularly the Internet, enters the competition for the limited supply of audience attention. 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With recent technological advancements, such as television and the internet, news and information can be widely shared concerning immigration. With the continual increase of news programs, Americans today are often bombarded with all sorts of pressing issues in todays society- but, how do you decide where to get information about issues such as immigration? In todays major media installments, the attentionRead MoreEvolution of Mass Communications Essay examples1151 Words   |  5 Pagesevolution of mass communications has gone through majo r developments; from etching the beginnings of an alphabet into a rock the size of a standard dinner table to letting a computer recognize words spoken into a speaker as it types away what it hears. Dating back to around 1700 B.C. when the first alphabet was said to come into existence, society has come far in different fields of communications. Nothing made as large of an impact in the world of communications as the revolution of the Internet. AlthoughRead MoreMass Media Milestone1700 Words   |  7 PagesMilestone in the history of mass media The first variation of a newspaper was published in Rome in 59 BC. It was a daily sheet that Julius Caesar ordered to be distributed all over the city. However, the first newspaper was printed in Beijing in 746 (Flanagin, 452). Also, a forty-two-page bible was published two years later after a German poet used a printing press to post a poem. This was a significant period that marked the beginning of mass media production. Mass media refers to a communicationRead MoreMass Media855 Words   |  4 Pages Mass Media: Development and Literacy Nakishia White HUM/186 Professor: Allyson Wells Effects of Mass Media Different forms of media have been around for centuries. There have been drastic changes in the use of radio, television, computers, and more over the years. The developments have had significant influences on American culture. 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Wednesday, May 6, 2020

Use of Real Options Theory in Financial Management/Modeling Free Essays

At a previous employment environment, the president of the corporation acted on a whim, rather than, conducting a series of testing for his expansion to go into other businesses ventures. Within a few short months, the plan was abandoned for lack of profitability. As an employee, I thought of this as a failure on the owner’s part. We will write a custom essay sample on Use of Real Options Theory in Financial Management/Modeling or any similar topic only for you Order Now However, the Real Options Theory is basically, weighing the outcome for expansion or acquisition utilizing capital investments for future ventures. Consider Real Option theory as a method to remove some of the risk in capital investments. Helpful assistance and decision making can be derived using such charts as the Decision Tree. The decision can be extremely tiresome. Use of Real Options Theory in Financial Management/Modeling Long past are the days, where a company can sit idling waiting for an idea, because while waiting someone else is making the move. The benefits that an older company may experience through experience may not fit into today’s society of technological changes. However, the risk of a company that has existed over 50 years, can they lose to new companies that evolve because of revolutionary changes in the ability to change the course of history. Creating valuable service for consumers and bringing a product or service to market, must be planned to meet the expectations of stockholder profits. Consider the comparison of social networking sites, Myspace and Facebook. Both are considered to be rapidly growing and competitive to increasing in membership. However, rapidly increase the popularity of Facebook and exceeded the expectations within the social network environment. The billion dollar corporation enters the market with more appeal to younger consumer, as well as a variety of other industries. Facebook provided more appeal by allowing the markets to meet the consumer where they were located, rather than wait on the consumer to come to them. As financial managers in the corporate environment decide which project is beneficial to stock holders’, returns on investment, and which should be abandoned or expanded, risk can become a certainty in the outcome. The risk of capital investment in the attempt to take on future debts just because they have a hunch that the business will be a success. The amount of time to construct a business model would save enormous amounts of money before taking on the future project. Gathering data of the competitive market and using past financial accounting statements will be useful, however, with new projects, there will be limitations, but estimation of the percentage values can be constructed. Strategic budgeting and capital investment planning decisions to expand into the future profitability of a company can be agonizing if not properly planned by financial managers. The assets, in addition to capital and distribution, change over long periods of time according to the supply and demand of the consumer markets. The net present value (NPV) of what is available, as far as Return on Assets and the Return on Investment (ROI). Cost projection into buying new equipment, inventory over the long run rather than a short period. Capital resources and budgets are the topics as it relates to using the Real Options Theory in Financial Management Modeling. Financial managers can utilize the Real Options Theory as a series of practical solutions to foresee into the future over several years. New products and the amount of capital to invest as well as the funding needed to make an expansion or either to realize that the project would not work. Theoretically, it is very simple and that many companies would utilize this theory. However, the recap or history of business failures is not seen in the futility of business success. The numbers may not lie. All systems may say go full steam ahead with the plans for expansion; however, there is a business cycle which will prove the business model incorrect. According to Rothbard, (2005), expectation in business fluctuations all the time. There is no need for any special â€Å"cycle theory† to account for them. It is simply the results of changes in economic data and is fully explained by economic theory. Many economists, however, attribute general business depression to â€Å"weaknesses† caused by a â€Å"depression in building† or a â€Å"farm depression. † But declines in specific industries can never ignite a general depression. Shifts in data will cause increases in activity in one field, declines in another. There is nothing here to account for a general business depression — a phenomenon of the true â€Å"business cycle. † It is pointless to say, as many people do, that a farm depression will ignite a general depression, because farmers will buy less goods, the people in industries selling to farmers will buy less, etc. This ignores the fact that people producing the other goods now favored by consumers will prosper; their demands will increase. (2005, pp. 6) Both the entrepreneur and large corporations have ideas to expand into new market. The main goal is company profits, either with or without expansion. Business expansion into other industries or international territories with current business. However great the idea may seem at the Real Options application of theory will conclude how fallible an idea with be in implementation. Payback period, cash flows and internal rate of return, as well as long term debt financing are the foundation of provision for utilizing the real options theory. Major growth will not derive from duplication of products that are already in the market place, but to begin with creating superior quality and improvements. Such as Facebook found a better way for people to communicate over the internet. Before Myspace, there were such things as electronic mail. Facebook, the ability to socialize as well as form groups, and fan pages begin with meager begins on a college campus. However, did the owner plan for this growth or was it happenstance. How does the work into the corporate structure for a welding company or maybe a warehouse which manufactures auto parts? Examining the stream of information within the forums, research and development addressed. According to Ketchen et al, (2007), â€Å"entrepreneurship refers to firms’ pursuit of superior performance via simultaneous opportunity-seeking and advantage-seeking activities. Both small and large firms face impediments while pursuing strategic entrepreneurship† (2007, p. 71)In other words, rather an entrepreneur or fortune 500 company, Real Options Theory, should be the focus to starting a new business, taking on expansion or abandoning projects. The only difference will be in the amount of capital investments. Kretchen et al, continues to state, Ketchen, et al, (2007), While small firms’ opportunity-seeking skills may be strong, their limited knowledge stocks and lack of market power inhibit their ability to enact the competitive advantages necessary to an appropriate value from opportunities the firms choose to pursue. In contrast, large firms are skilled at establishing ompetitive advantages, but their heavy emphasis on the efficiency of their existing businesses often undermines their ability to continuously explore for additional opportunities. (2007, p. 371) There are many three components in which company financial manager should be interested in the expected return on assets (ROA), return on equity (ROE) and debt ratio. Finally, another method of expansion can be with the acquisition of new business that is in operation. As stated by Stefano, Reality is that buyers must have capital available to be competitive in acquisition negotiations. Accumulating capital may be as simple as retaining earnings in the agency instead of distributing those earnings, which is the equivalent of creating a war chest. The other option is to have a line of credit available from a financial institution. Banks are much more willing to offer financing for acquisitions than in years past. Today many banks are in the insurance business and got there through acquisitions. Insurers are also very supportive of the acquisition process and will uncover acquisition prospects because they like to see their successful agencies growing. Stefano, 2005) As explained by Childs et al, (Sep. , 1998), summarizes several calculation in deductive and calculated reasoning for financial managerial modeling and utilizing the Real Options Theory. They state, â€Å"consider a firm that has the opportunity to invest in two projects (a and b). Investment in each project takes place in two stages: The firm can invest in C1 R (I = a, b) to develop a project, which res olves uncertainty regarding the project’s future profitability; it can then make a further investment of K1, (i= a, b) to implement a project. 1998, p. 308). It is clearly mentions by Childs et al, the â€Å"NPV framework for making capital investment decisions has been extended to recognize the dynamic nature of investment decisions† (Childs, p. 305) According to Miller who goes into greater details of the formulation of providing computations to make a decision, it basically states if one project NPV is greater than 0, then it would be wise to invest in the project or product. Screenshot, (2005, p. 7) Summary Companies can no longer hesitate to make a business decision. However, ecisions that are not planned out utilizing capital assets can also cause undue hardship. It is no longer the large Fortune 500 companies designing the most innovative products and services, but also it can be the small entrepreneur with a grand idea. The markets no longer persuaded by familiar names, but can be mesmerized by new names such as Facebook. Methodology and theoretical planning and measurements can be experimenting with resourceful application s as Real Options Theory. By carefully measuring the logistics of one or more projects and committing or abandoning them all. How to cite Use of Real Options Theory in Financial Management/Modeling, Papers

Tuesday, April 28, 2020

Lord Woolf’s Reforms Essay Example Essay Example

Lord Woolf’s Reforms Essay Example Paper Lord Woolf’s Reforms Essay Introduction Essay Title: â€Å"Although settlement, rather than litigation, poses a number of problems for a civil justice system these matters have been largely resolved by Lord Woolf’s reforms. † What is civil justice system? There are several definitions for the civil justice system. Every civilized system of government requires that the state should make available to all its citizens a means for the just and peaceful settlement of disputes between them as to their respective legal rights. The means provided are courts of justice to which every citizen has a constitutional right of access. Lord Diplock in Bremer Vulkan Schiffb au and Maschinenfabrik v South India Shipping Corp. [1981] AC 909, HL, p. 976. The justification of a legal system and procedures must be one of lesser evils, that legal resolution of disputes is preferable to blood feuds, rampant crime and violence. M. Bayles, ‘Principles for legal procedure’, Law and Philosophy, 5:1 (1986), 33–57, 57. The first impulse of a rudimentary soul is to do justice by his own hand. Only at the cost of mighty historical efforts has it been possible to supplant in the human soul the idea of self-obtained justice by the idea of justice entrusted to authorities. Lord Woolf’s Reforms Essay Body Paragraphs Eduardo J. Couture, ‘The nature of the judicial process’, Tulane Law Review, 25 (1950), 1–28, 7. There have been over 60 official reports on the subject of civil processing the past. Latest published reports were Evershed Report in 1953, the report of the Winn Committee in 1968, the Cantley Working Party in 1979, the Civil Justice Review in the late 1980s and the Woolf. All those reports are focused on the same objects like how to reduce complexity, delay and the cost of civil litigation. What are the problems before reforms? This is a mere compare of the pre-Woolf and post-Woolf civil landscape without baseline statistics. As research for the Department of Consumer Affairs (DCA) on the pre-Woolf litigation landscape (pre-1999) demonstrates that: 50% – 83% of defended cases in the county courts were personal injury (PI) claims overall at least 75% of cases were within the small claims or fast track financial limit; in most courts this figure was 85% or mo re the higher the value of the claim, the more likely both sides were to have legal representation PI cases had high settlement rates and a small number of trials. Non-PI cases had a higher proportion of trials, and a much higher proportion of cases withdrawn. Debt cases were most likely to end in trial (38%) and in all of those the claimant succeeded. In 96% of all cases going to trial the claimant was successful In all types of cases 50% of awards or settlements were for? 1,000 –? 5,000, and a further 25% – 33% were for? 5,000 –? 10,000. Costs in non-PI cases were relatively modest, and in PI cases around 50% had costs of? 2,000 or less, 24% had over? 4,000. Wolf Reforms Lord Woolf’s approach to reform was to encourage the early settlement of disputes through a combination of pre-action protocols, active case management by the courts, and cost penalties for parties who unreasonably refused to attempt negotiation or consider ADR. Such evidence as ther e is indicates that the Woolf reforms are working, to the extent that pre-action protocols are promoting settlement before application is made to the court; most cases are settling earlier, and fewer cases are settling at the door of the court. In fact, most cases are now settled without a hearing. Lord Woolf, Access to Justice (Final Report, July 1996), identified a number of principles which the civil justice system should meet in order to ensure access to justice. The system should: (a) Be just in the results it delivers; (b) Be fair in the way it treats litigants; (c) Offer appropriate procedures at a reasonable cost; (d) Deal with cases with reasonable speed; (e) Be understandable to those who use it; (f) Be responsive to the needs of those who use it; g) Provide as much certainty as the nature of the particular case allows; and (h) Be effective: adequately resourced and organized. The defects Lord Woolf identified in our present system were that it is: (a) Too expensive in tha t the costs often exceed the value of the claim; (b) Too slow in bringing cases to a conclusion; (c) Too unequal: there is a lack of equality between the powerful, wealthy litigant and the under resourced litigant; (d) Too uncertain: the difficulty of forecasting what litigation will cost and how long it will last induces the fear of the unknown; (e) Incomprehensible to many litigants; f) Too fragmented in the way it is organized since there is no one with clear overall responsibility for the administration of civil justice; and (g) Too adversarial as cases are run by the parties, not by the courts and the rules of court, all too often, are ignored by the parties and not enforced by the court. The Basic Reforms of Woolf A system is needed where the courts are responsible for the management of cases. The courts should decide what procedures are suitable for each case; set realistic timetables; and ensure that the procedures and timetables are complied with. Defended cases should be a llocated to one of three tracks: (a) An expanded small claims jurisdiction with a financial limit of? 3,000; (b) A new fast track for straightforward cases up to? 10,000, with strictly limited procedures, fixed timetables (20-30 weeks to trial) and fixed costs; and (c) A new multi-track for cases above? 10,000, providing individual hands on management by judicial teams for the heaviest cases, and standard or tailor made directions where these are appropriate. Lord Woolf’s Inquiry was also asked to produce a single, simpler procedural code to apply to civil litigation in the High Court and county courts. The Final Report was accompanied by a draft of the general rules which would form the core of the new code. Pros and Cons of wolf reforms However, costs have increased, or have at least been front-loaded. In particular, in cases where mediation has been attempted and agreement has not been reached, costs are clearly higher for the parties. Litigation will be avoided wherever possible. People will be encouraged to start court proceedings to resolve disputes only as a last resort, and after using other more appropriate means when available. Litigation will be less adversarial and more co-operative. There will be an expectation of openness and co-operation between parties from the outset, supported by pre-litigation protocols on disclosure and experts. Litigation will be less complex. There will be a single set of rules applying to the High Court and the county courts. The rules will be simpler. The timescale of litigation will be shorter and more certain. All cases will progress to trial in accordance with a timetable set and monitored by the court. The cost of litigation will be more affordable, more predictable, and more proportionate to the value and complexity of individual cases. There will be fixed costs for cases on the fast track. Estimates of costs for multi-track cases will be published or approved by the court. Parties of limited financia l means will be able to conduct litigation on a more equal footing. Litigants who are not legally represented will be able to get more help from advice services and from the courts. There will be clear lines of judicial and administrative responsibility for the civil justice system. The Head of Civil Justice will have overall responsibility for the civil justice system. The structure of the courts and the deployment of judges will be designed to meet the needs of litigants. Heavier and more complex civil cases will be concentrated at trial centers which have the resources needed, including specialist judges, to ensure that the work is dealt with effectively. Judges will be deployed effectively so that they can manage litigation in accordance with the new rules and protocols. Judges will be given the training they need to manage cases. The civil justice system will be responsive to the needs of litigants. Courts will provide advice and assistance to litigants through court based o r duty advice ; assistance schemes, especially in courts with substantial levels of debt and housing work. Final conclusion It can be concluded, overall the Reforms were supported by both branches of the legal profession, judiciary and both the lay and the legal press welcomed them. Promoting settlement and avoiding litigation can be the iggest boon to litigants who otherwise when get entangled in the costly and everlasting court procedures suffer a lot. The reforms intended to focus on reduction in cost and delay, however they did not escape criticism and reduction in cost is still considered to be a debatable area. But the reforms were a step in the right direction and were deemed triumphant as they have resulted in justice being accessible to wider proportion of society especially when problem is of small nature and can be quickly and cheaply dealt with in lower courts. Wholistically, the advantages of the Reforms outshine the disadvantages. The reforms were a positive way for th e future; still a lot of work needs to be done in a few areas for making timely, inexpensive justice available to the lay man. Reduction in cost of litigation as a consequence of reforms was not fully realized but nonetheless it cannot be said that reforms had a detrimental impact on civil justice overall as timely exchange of information between the parties does promote culture of co-operation and settlement if not always and as a result of the reforms problem of delay in litigation were well catered. There was a move away from the adversarial culture and increase in out of court settlements was seen. It can be concluded that the foundation stone for a better and prosperous litigation culture has been laid, what needs to be done now is to rectify the shortcomings of the Woolf reforms and build on the so called revolutionary much needed positive reforms aiming to avoid litigation and promoting timely settlement of disputes, so that parties no longer are faced with the never ending l itigation process. Bibliography http://www. lawteacher. net/english-legal-system/lecture-notes/civil-justice-review. php Cambridge University Press: 978-0-521-11894-1 – Judging Civil Justice: Hazel Genn: Excerpt D. Gladwell, ‘Modern Litigation Culture: the first six months of the Civil Justice reforms in England and Wales’ 19 Civil Justice Quarterly, 2000 pp. 9-18 Gary Slapper and David Kelly, The English Legal System 9th edition, Routledge. Cavendish, Chapter 9(The Civil Process), pg 369. P. 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