A Problem Assignment on Negligent Misstatement - Free Essay Example

Negligent Misstatement Elimination of the other two objects: First is about cleaner. The normal rules of negligence applied to the case of property owners and persons injured on the property. Because of this, the cleaner isnà ¢Ã¢â€š ¬Ã¢â€ž ¢t the owner of the highly polished floor, which means cleaner doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have the duty of care to Dylan. On the other hand, about the floor polish manufacturer. The proprietor of store has more closely relationship to Dylan than manufacturer has. Besides, the owner of floor is proprietor, not the manufacturer, when the manufacturer translate the floor to the proprietor of store. As a result, cleaner and manufacturer donà ¢Ã¢â€š ¬Ã¢â€ž ¢t have responsibility to Dylan. Duty of Care: This is very similar to the facts of Australian Safeway Store Pty Ltd v Zaluznaà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, which applied the duty of care owned by property owners. Firstly, in this case, it is important to inspect whether Dylan and the pro prietor of store satisfied the neighbour relationship. Dylan was a lawful customer. Quills was operating a store. At the meantime, Dylan injured on the highly polished floor, which is one part of ownerà ¢Ã¢â€š ¬Ã¢â€ž ¢s proprietor. The relationship between Dylan and Quills satisfied the neighbour test for duty set out in Donoghue v Stevenson, which means the proprietor of store must take reasonable care to avoid acts or omissions which proprietor can reasonably foresee would be likely to injure proprietorà ¢Ã¢â€š ¬Ã¢â€ž ¢s neighbour (Dylan). In other word, the proprietor of store owe a duty to Dylan. Unlike the facts of Romeo v Conservation Commission of the Northern Territory (1988) 192 CLR 431 (High Court), this case the risk of highly polished floor is obviously by the proprietor, but not consumer. Because it is hard to inspect the smooth degree of floor by a normal consumer. Standard of Care/Breach: It is reasonable foreseeable that person will easily slip on the highly pol ished floor. No reasonable Quills have taken reasonable care to protect the customers from foreseeable harm, which is the highly polished floor, such as Strong v Woolworths Ltd. The proprietor should put a warning plate before the highly polished area. Unfortunately, the proprietor didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t take any action to avoid this risk. As a result, the proprietor breach the duty of care. Damage: The issue here was factual causation. Dylan suffer considerable loss both on physical and economic. It was necessary to apply a à ¢Ã¢â€š ¬Ã‹Å"but forà ¢Ã¢â€š ¬Ã¢â€ž ¢ test. Dylan would not suffer these lose, if the proprietor not breach the duty of care to him. As a result, the breach of care is the causation for the loss to Dylan, which cause him absence of four monthsà ¢Ã¢â€š ¬Ã¢â€ž ¢ work. Dylan will win a claim for loss of medical expenses and the damages which produced from the four months when he was out of work. This case is not similar with Metrolink Victoria Pty v I nglis (2009) VSCA 227. In Metrolink case, Inglis succeed for the loss of extra $7000 because it is reasonably foreseeable that crashing into a tram could lose the tram operator some revenue. In other word, the loss was not too remote. Similarly, Dylan will win the loss for out of work with four month and the expenses for medicine, because it is reasonably foreseeable that slipping on the highly polished floor could lose the revenue and paid medicine. However, the damages after four month will be hardly to remedy. The reason is that the proprietor of store impossible to recognise that Dylanà ¢Ã¢â€š ¬Ã¢â€ž ¢s leg did not heal quickly because of a hereditary bone defect, which means this situation is not foreseeable to the proprietor. Moreover, the reason why Dylan had to take on lighter work is the deferred recovery. In a word, the proprietor of store doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have a liable to the damage caused by Dylanà ¢Ã¢â€š ¬Ã¢â€ž ¢s lighter work. For moral appeals, the propri etor of store would consider to negotiate to Dylan about his remedy for the time during his deferred recovery. The amount of damages depended on the detail of condition for an injury examined by accrediting body. Negligent Misstatement Jenny should sue Steve, the land surveyor in the employ of the Council Duty of Care: This is very similar to Tepko Pty Ltd v Water Boardà ¢Ã¢â€š ¬Ã¢â€ž ¢s case. whenever a person gives information or advice to another upon a serious matter in circumstances where the speaker realises, or ought to realise, that he is being trusted to give the best of his information or advice as a basis for action on the part of the other party and it is reasonable in the circumstances for the other party to act on the information or advice, the speaker comes under a duty to exercise reasonable care in the provision of the information or advice he chooses to give. Therefore, it is critical not only that the plaintiff relied on the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s advice or information, but also that the reliance reasonable in all the circumstance. In this case, there is no inducement to apply Jenny, who was thinking of purchasing five acres for a sheep farm, reliance was reasonable with the advice from Steve, who was a land surveyor in the employ of the Council. Subsequently, Steve own a duty of care to Jenny when advising the certain land was à ¢Ã¢â€š ¬Ã…“agricultural use onlyà ¢Ã¢â€š ¬Ã‚  and confirming that the zoning would not be altered. Jenny had reasonable relied on his advice. Because Steve was a land surveyor and normally had expert knowledge and information from land. In other word, but for Steveà ¢Ã¢â€š ¬Ã¢â€ž ¢s advice, Jenny will not purchasing property. On the other hand, Steve failed to inform the water-supply plan to Meadows, which is the key aspect to this case. As a result, the action of Steve is negligent of misrepresentation. As the Section 18 ACL, the representation was made in trade or commerce and it was mi sleading à ¢Ã¢â€š ¬Ã¢â‚¬Å" therefore there was a breach of Section 18. Damages can be awarded because the breach of Section 18 caused the loss. Contract Law Mrs. Shi and her husband have a contract with Mr. Gao, similar with Todd v Nicol. There are three essential elements in contract. Offer and acceptance, intention to create contract, and consideration. Offer and acceptance: Mr. Gao have made an offer to Mrs.Shi and her husband to live with him. Although Mr. Gao has proposed to Mr. Shi and her husband should come to Melbourne to look after him. He also promised Mrs.Shi and her husband could live in the house rent free, and he would pay all expenses if they looked after him. Ms Shi and her husband sold their apartment and moved to Melbourne. Offer was existed when Mr Gao contacted his niece that invited her to come to Melbourne to look after him with free rent. Acceptance was existed when Ms Shi and her husband sold their apartment and went to Melbourne. Consideration: Mrs. Shi sold their house, which was regarded as a consideration in the contract. Normally, the courts are reluctant to interfere a social or domestic arrangement. In Todd case, Todd quit her job, sold her furniture and moved with her daughter to South Australia. So the consideration were produced when Todd did these previous activities. In these case, Mrs. Shi and her husband sold their apartment before they move to Melbourne, which the apartment in shanghai, these factors which influenced the court were the cost of journey, the lack of any condition covering a possible return and the fact that if this was not an enforceable agreement Mrs. Shi and her husband would have been largely subject to what was no more than the whim of Mr.Gao. There are three essential elements of simple contracts. There are the unnecessary of formal document and written and requirement of consideration. As a result, with the existence of offer, acceptance and consideration, there is a contract. It is n ot a sample for social or domestic arrangement. Contract Law Harryà ¢Ã¢â€š ¬Ã¢â€ž ¢s advertisement is an Invitation to Treat in accordance with Partridge v Crittenden. Offer: as the case Harris v Nickerson, Partridge v Crittenden and Grainger Sons v Gough, an advertisement placed in media, normally, is regarded as an invitation to treat, not an offer. However, in this case, contract was existed when Doug accepted the price. Harry have made an offer to Doug in response to his invitation to treat. Doug rang and said he would pay $5,000 for the car. Harry has said that he will think the response to Doug for one week. Doug responded if he heard nothing from Harry within a week he would regard the car as his. So Doug accepted the offer from Harry. Acceptance: Harry did not responded to Doug in one week, which was regarded as a crucial issue through the whole case. Byrne Co v Van Tienhoven) revocation must communicate to offeree. There will be a contract if Harry accepted a nd responded the requests from Doug. Unfortunately, Harry didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t do any action. The similar case is Routledge v Grant. An offeror may make an offer conditional on the happening of a particular event. If that condition is not satisfied, the off lapses and cannot be accepted. According to this, in this case Doug has accepted Harryà ¢Ã¢â€š ¬Ã¢â€ž ¢s offer before Harry may revoked which means that Harry has breached the contract with Doug before offer lapse. When no time limit is mentioned, the offer remains open for a reasonable time: Ramsgate Visctoria Hotel Co Ltd v Montefiore (1866) LR 1 Ex 109; Ballas v Theophilos (No 2) (1957) 98 CLR 193. However, in this case, there is a limit time for Harry responded to Doug, and he did not answered it. Doug can be awarded damages. Consideration Harry can revoke response that told Doug about a week for consideration before the deadline time. There may be a contract if Doug accept Harryà ¢Ã¢â€š ¬Ã¢â€ž ¢s request. Becau se consideration is existed in that sentence. Harry will sale his car and Doug will have a week to have other opportunities to purchase other cars. Additional, the response of Doug revealed an additional terms. Doug would regard the car as his after a week with no response. This term was not mentioned by Harryà ¢Ã¢â€š ¬Ã¢â€ž ¢s response. In other word, it is a counter offer because of the additional term. Subsequently, with counter offer, Harry has a right to terminate his offer any time.

Explanation Of Educational Material Pamphlet On...

Explanation of Educational Material: Pamphlet on Immunizations Introduction The purpose of patient education is to increase competence and determination of the clients in regards to the information they know and acquire. The goal for teaching is to have clients develop confidence in the information that they have gained, and that they feel they can trust where the information is coming from (Bastable, 2014). Health care facilities are the primary source of information for many clients and pamphlets, brochures, or booklets, and are designed to increase knowledge, awareness, sensitivity and intention to act. (Dana, 2005). The pamphlet I created is to educate parents of young children on myths and facts of immunizations. The layout of my†¦show more content†¦Parents determine if their children receive vaccinations, they have to take the child to the doctor’s office, and there has been a noticeable decline in vaccinations in children (Kruse, 2013). Children are given vaccines at a young age because this is when they are most vulnerable to disease , therefore it is important to reach the parents while the children are young (Center of Disease Control, 2012). Geography isn’t as much of a factor for my pamphlet because I would like to target as many parents as possible, not just ones of a certain geographical location. My pamphlet was designed to be very readable for parents, and relate images they would associate with vaccinations. The most important image I think that parents need is the chart on panel 2 and 3 indicating the schedule for when their children should receive vaccines. This is very important as many parents are unsure of when to get their children vaccinated, or what immunization they are receiving. As well, the content within the pamphlet is based on common misconceptions parents may have heard about vaccines. I wanted to explain why these myths were false, and base the information on reliable sources to help address the concerns of the parents and educate them the vaccines are safe for their children. The Learning Characteristics of the Target Population While creating this pamphlet I kept in mind that my target audience was an adult population who has very different learner

Collagen Facts and Functions

Collagen is a protein made up of amino acids that are found in the human body. Heres a look at what collagen is and how it is used in the body. Collagen Facts Like all proteins, collagen consists of amino acids, organic molecules made from carbon, hydrogen, and oxygen. Collagen actually is a family of proteins rather than one specific protein, plus it is a complex molecule, so you wont see a simple chemical structure for it. Usually, youll see diagrams showing collagen as a fiber. It is the most common protein in humans and other mammals, making up 25 percent to 35 percent of the total protein content of your body. Fibroblasts are the cells that most commonly produce collagen. The word collagen comes from the Greek word kolla, which means glue.Eighty percent to 90 percent of the collagen in the human body consists of types I, II, and IIIÂ  collagen, although at least 16 different forms of the protein are known.Gram for gram, type I collagen is stronger than steel.Collagen used for medical purposes need not be human collagen. The protein may also be obtained from pigs, cattle, and sheep.Collagen may be applied to wounds to serve as a scaffold on which new cells can form, thus improving healing.Because collagen is such a large protein, it is not absorbed through the skin. Topical products that contain collagen cant actually deliver any of it below the skin surface to replenish damaged or aging tissue. However, topical vitamin A and related compounds do promote collagen production. Functions of Collagen Collagen fibers support body tissues, plus collagen is a major component of the extracellular matrix that supports cells. Collagen and keratin give the skin its strength, waterproofing, and elasticity. Loss of collagen is a cause of wrinkles. Collagen production declines with age, and the protein can be damaged by smoking, sunlight, and other forms of oxidative stress. Connective tissue consists primarily of collagen. Collagen forms fibrils that provide the structure for fibrous tissue, such as ligaments, tendons, and skin. Collagen is also found in cartilage, bone, blood vessels, the cornea of the eye, intervertebral discs, muscles, and the gastrointestinal tract. Other Uses of Collagen Collagen-based animal glues may be made by boiling the skin and sinews of animals. Collagen is one of the proteins that give strength and flexibility to animal hides and leather. Collagen is used in cosmetic treatments and burn surgery. Some sausage casings are made from this protein. Collagen is used to produce gelatin, which is hydrolyzed collagen. It is used in gelatin desserts (such as Jell-O) and marshmallows. More About Collagen In addition to being a key component of the human body, collagen is an ingredient commonly found in food. Gelatin relies on collagen to set. In fact, gelatin can even be made using human collagen. However, certain chemicals can interfere with collagen cross-linking. For example, fresh pineapple can ruin Jell-O. Because collagen is an animal protein, theres some disagreement over whether foods made with collagen, such as marshmallows and gelatin, are considered vegetarian.

Stakeholder Analysis - Free Essay Example

Sample details Pages: 6 Words: 1945 Downloads: 10 Date added: 2017/06/26 Category Business Essay Type Narrative essay Did you like this example? 1. Briefly describe the seven steps of stakeholder analysis a. map stakeholder relationship Before the stakeholder relationship has been made, there are some questions that will be asked for analysis and identifying major stakeholder. The stakeholder to be selected must knowledgeable, current and close to the source of the issue at hand. The stakeholder analysis is only as valid and reliable as the sources and the processes use to obtain the information. For example, if the Mattel’s recalls, you would place the Mattel Inc. in the centre stakeholder box and then continue identifying the other groups involved with that issue. b. map stakeholder coalitions After identify and make a map of the stakeholders who is going to involved in the firm in the incident addressed, this step is to determine and map any coalitions that have formed. The coalition among the stakeholder is important. Interest groups and lobbyists sometimes join force against a commo n ‘enemy’. If the numbers of the advantages is seeing by, the competitor may join force. Mapping actual and potential coalitions around issues can help the CEO anticipate and design strategic responses toward these groups before or after they form. c. assess the nature of each stakeholders interest There are four types of stakeholders the CEO may face in the company. That is supportive, non-supportive, mixed blessing and marginal. The supportive and the non-supportive will against the CEO. While the mixed blessing and the marginal, the CEO are less sure for their support for the strategy. The opening example like Mattel, if you are the CEO, along with his staff, you might determine that the support of Mattel would be many. Non-supportive stakeholders or those who may include some shareholders and their lawyers, the Chinese government, members of the U.S. government, the victims and their families, consumers, competitors and the media. The interest of these stakeho lders is varying. By systematically, completing this audit, as a CEO in facing the crisis, it can create a broader or more objective picture in the situation faced. d. assess the nature of each stakeholders power There are eight types of power that different stakeholders exert, first, voting power, the ability of stakeholders to exert control through strength in numbers. Second, political power where the ability to influence decision making processes and agendas of republic and private organizations and institutions. The third is economic power, which the ability to influence by control over resources either monetary or physical. Forth, the technological power where the ability to influence innovations and decisions through uses of technology. The fifth is the legal power by the ability to influence laws, policies and procedure. The sixth is the environment power, where the ability to impact the nature. The seventh is the culture power, the ability to influence values, norms a nd habit of people and organizations and the last one is the power over individuals and groups. This is the ability to influence particular, targeted persons and groups through different forms persuasions. For instances, the Mattel suggests that shareholders, number of congress and individual constituent have voting power over the Mattel policies and officers jobs and responsibilities. In that case, the Chinese contractors and government representatives the economy power over the Mattel expenses and profit. While the U.S. government also use the political power for the Mattel’s operating and manufacturing polices and the process. e. construct a matrix of stakeholder moral responsibilities This step is to determine the responsibilities and moral obligations for company have to each stakeholder. A matrix of stakeholder has their own responsibilities. For example, the Mattel’s CEO may see the firm’s economic responsibility to the owner to preventing as many c ostly lawsuits as possible. Legally, the CEO may want to protect the owners and the executive team from liability and damage. This would entail proactively negotiating disputes outside the courts. Ethically, the CEO may keep the company’s stockholders and owners current regarding his or her ethical thinking and strategies to show responsibility toward all stakeholders. To complete the matrix in this stage, the ethical principles can be referring to follow as: utilitarianism (weighing costs and benefits), universalism (showing respect and concern for human beings), rights (recognizing individual liberties and privileges under laws and constitutions), justice (observing the distribution of burdens and benefits of all concerned). In this stage, the CEO might advise shareholders to show responsibility by publicly announcing their plans for resolving the problem. f. develop specific strategic and tactics After get the result from the preceding steps, it can continue to outli ne specific strategies and tactics that wish to use with each stakeholder. Firstly, a CEO should consider whether to approach each stakeholder directly or indirectly. Secondly, need to decide whether to do nothing, monitor, or take an offensive or defensive position. Third is determine whether to accommodate negotiate, manipulate, resist, avoid or ‘wait and see’. Finally, the CEO can decide what combination of strategies those want to comply to achieve the goal. g. monitor shifting coalitions In this stage, the time and the event can change the stakes and the stakeholders and their strategic. Tracking external trends and events and the resultant stakeholder strategies can help CEO and his or her team act and react accordingly. This dynamics process that occurs over time and is affected by the strategic and action that a CEO and the team direct with each stakeholder group as events occur. Decisions of a CEO are influenced by how effective the stakeholders respond a nd the CEO team strategic and action. A CEO would typically follow the utilitarian ethic of weighing costs and benefits of all your strategies and actions toward each major stakeholder group. If the CEO neglecting the public, the company ‘bottom line’ can be affect. By following the Mattel case, when you see the child who is harmed or may be at risk, you might have attempted to take care of each child. You may recall the manufacture at China, then plan meeting with the person in charged and pay a visit to the victim families to show the concern about the case and to protect the company image and reputation going forward. 2. Explain the diagnostic typology of organizational stakeholders The diagnostic typology of organizational stakeholders can be separate into two classes and four types. For the classes, the low class is the supportive and the marginal while the high class is mixed blessing and non-supportive. The diagnostic typology of organizational stakeholders shows two dimensions, that is potential for treat and potential for cooperation. The type one is the ideal strategic for the focus corporation. Type 1 is the supportive stakeholder with a low potential for threat and high potential for cooperation. Here the strategy of the focus company is to involve the supportive stakeholder. In contrast, the is a non-supportive stakeholder who show the high supportive for threat and a low potential for cooperation. The type four stakeholders is mixed blessing. The mixed blessing is with a high potential for threat and cooperation. In this situation, the stakeholder could become the supportive or non-supportive. And the last one is the type two, the marginal stakeholder. This stakeholder has a low potential for both threat and cooperation. This kind of stakeholder may not be interested in the issue of concern. 3. Discuss the 7-phase issue development process using an example Seven phase issue development process are felt need, media coverag e, interest group development and growth, leading political jurisdictions, federal government attention, legislation and regulation and litigation. The first is a felt need arises; this is for emerging events, advocacy groups. The second is media coverage. The media coverage is developing such as the television segment like news, internet, or the newspaper and other news and blogging sources. The third is the interest development gains momentum and grows. The fourth is the policies. These policies are adopted by leading political jurisdictions for cities, states and country. The federal government gives the attention to the issue occurred. The federal government have the responsible to hearing and the studies for the cases. The sixth is the issues and policies evolve into the legislation and regulation and the last one is issues and policies enter litigation. In the Mattel’s company, the CEO and the top level team is use this framework to anticipate and prevent the recalls an d also respond to the public about the cases. The Mattel toy recalls and its partnership with the Chinese contractors and subcontractors the outsourcing debate in general is related to the topic to analyse by using the second issue frame work that is media coverage. There is an article which is written by Christopher Clott’s with the title â€Å"Perspectives on Global Outsourcing and the Changing Nature of Work†. This article provided the excellent background information. These seven steps are useful in identifying and following the public issues like the Mattel’s Inc. faced. 4. Describe the 4-stage issue life cycle approach There are four stages in life cycle, which is social expectation, political issues, legislation and social control. The first step is social expectation and the awareness. In this process, it is about the social discussion and debate. The societal awareness is low at first and approached the highest at stage there that is legislative e ngagement and decrease when it reaches the stage four. The social awareness is like the emerging the events, advocacy books and so on. In the event, they will discuss about the problem occurred and debate about the problem. The interest group will pay the attention if the problem is related to them. The second of the stage of life cycle is the political awareness. The political awareness involved the media attention and the hearing is held. In this stage, is include the incorporate of the media coverage available in the country, the interest group development and growth and the leading political jurisdictions adopt policies. The third phase is the legislative engagements which are law passed, legal involvement and regulations enacted. And the last stage is social control and litigation. This are include the compliance issues, legal conflict and court rulings. 5. Identify and explain the 4-stage approach to crisis management Crisis management is a method that to study how corpo ration and leaders respond to the crisis faced. By using this method, it is essential for understanding and possibly preventing the future fiascos because crises is continue to occur year by year. There are the four stages for crisis management. That is prodramal, acute, chronic and conflict resolution. The prodromal or pre-crisis is also known as the warning stage. The second stage still can proceed although this stage is not recognized or does not actually occur, but is requiring the damage control. For the example, Mattel experienced several recalls with its Chinese subcontractors. First recall is given by sending a warning sign that issues existed. Represented from the Mattel let the subcontractor takes blame at first. In the second stage, acute crisis which mean the damage has been done. This stage is use to control the damage as much as possible. This is the short stage among the four stages. In 2005, a toddler died from ingesting a magnet from a Mattel toy that was manufactur ed in China. Since there is no laws governing this type of incident, Mattel had not considered the risk faced. The third stage is the chronic crisis. The chronic crisis is also mean clean up stage. This is a period of recovery, self-analysis, self-doubt and healing. In this process, the congressional investigations, audits and interviews occurred. The final stage is crisis resolution. This stage is the goal of crisis management. In this stage, it is about what is the best solution for the problem occurred. Don’t waste time! Our writers will create an original "Stakeholder Analysis" essay for you Create order

Bridging The Gap The Innate Cultural Disconnect Between...

Bridging the Gap: The Innate Cultural Disconnect between Civilian and Military Life Over the last 14 years, the United States has undergone the longest era of war in its history, yet that era of conflict has had little to no personal impact on the lives of average Americans (Zucchino). For countless cultures and millennia, military forces have served as something of a microcosm of society, with the gulf between military and civilian cultures sometimes seeming completely unnavigable. In recent years, however, the void between American military life and civilian America has been expanding immensely. Where does that socio-cultural dissonance come from, and what does it mean for the future of American politics and military relations? What can be done to bridge the gap? Examining these truths, we can determine the deeply felt impacts of war, not just on those directly involved, but also in the relationship between civilians and the military. There is an increasing level of physical distancing between members of the military and civilians, which doubtless plays a significant position in the increased separation between military and civilian life. Military bases often boast their own shopping centers, movie theatres, restaurants, and sports facilities, meaning that there is little to no reason for a soldier to leave the base when stationed there. The military bases act like fortresses, entirely closed off from the outside world, becoming a substitute society that provides everyShow MoreRelatedHuman Resources Management150900 Words   |  604 Pages3 HR TRANSITIONS HR Management Contributes to Organizational Success More effective management of human resources (HR) increasingly is being seen as positively affecting performance in organizations, both large and small. A joint venture between General Electric and a Japanese company, GE Fanuc is a manufacturer of factory automation and control products. Headquartered in Virginia with 1,500 employees, the HR department primarily performed administrative support activities. But when Donald

Essay about Als Outline - 1145 Words

SPC2608 Section # September 18, 2011 Title: Amyotrophic Lateral Sclerosis Topic: The unknowns of ALS Specific Purpose: To inform my audience on being aware of ALS. Thesis Statement: INTRODUCTION Attention Material: Have you ever heard of ALS, better known as Lou Gehrig’s disease? For many people, ALS is a disorder that they may not know much about. I never heard of it either until my father was diagnosed with this disease in 2006. Because there is no known cure, it is important to detect this disease early, so that proper treatments and preparation can be done before it’s too late. Thesis Statement: ALS is a disease that is terminal, non-curable and can be hereditary or not.†¦show more content†¦In some people with ALS, the parts of the brain that allow us to think, remember, and learn also are affected by the disease (Labby). C. Strictly speaking, ALS involves degeneration and death of both upper and lower motor neurons. While most patients have clear loss of both types of motor neurons, some patients have greater loss of upper motor neurons, while other patients have greater loss of lower motor. These differences do not change the diagnosis. In these circumstances, the more general term ‘motor neuron disease’ is appropriate (MDA). D. According to the MDA (Muscular Dystrophy Association), the diagnosis of ALS is a clinical diagnosis, meaning there is no specific test for it. Often, tests will be administered to rule out illnesses with similar symptoms. These may include an MRI of the brain or spinal cord, an electromyography (EMG) study of nerve and muscle function, and a variety of blood and urine tests. (Transition: â€Å"Now that we know a little about what ALS is, let’s talk a little bit about who can get ALS†.) II. Who can be affected by ALS. A. Although this disease can strike anyone, it is extremely rare in kids. 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Government by the People for Politics & Relations - MyAssignmenthelp

Question: Discuss about theGovernment by the Peoplefor Politics International Relations. Answer: Over 150 years ago, the government by the people term| came along as the then President Abraham Lincoln addressed an audience of over 15000 citizens. The term just meant that the primary government interest was to safeguard all the interests and demands of their citizens. This concept meant that citizens, elected government officials that would represent all their issues and guarantee their ultimate survival. Government by the people was founded under the principles of democracy where each citizen had a right, responsibility and their problems were the main agenda as they were the government because there would be no government without the citizens (Nun, 2009, p. 56). The concept of government being owned by the people revolves about handing the power to the subject individuals and citizens. Peoples power is significantly exercised through the electoral system where they elect their representatives to present them and their demands on all levels of administration. Social, political and economic issues affecting the citizens are taken by these representative leaders or agents and addressed at the policy making level. Democracy falls under two descriptions, namely direct and representative, where direct democracies are where people ideas, suggestions, complaints and demands are represented by non-elected individuals who all sit together to solve the issues at hand. The modern representative way is provided for in most of the world constitutions where citizens have elected intermediaries who represent them. Direct systems have faded as a result of new complexities of society both in populations and issues. Thus representatives are the only way. The representative formation is expected to carry out the demands of the people as they are elected by the electorates and given the power to make legislation, administration and political decision for the betterment of their societies (Bulley, Sokhi-Bulley, 2014). Peoples government is deeply explained for in the constitutions as it provides them with their rights and responsibilities. The powers and the responsibility of the government toward their citizens are clearly stipulated in the same document. Complex aspects of the laws simply explain how the majority have their rulings while minority rights are safeguarded by laws. People majority rule is visible during electoral processes such as referendums and political position elections. Numbers and percentage of the people voting particular direction will determine the results thus proving that the citizens have the power. Minority and vulnerable sections of the citizens are well protected by the constitution thus meaning that they are protected against discrimination on the basis of their statuses or condition (Petriwskyj, Cuthill, 2017). Law experts have extensively explained that the government by the people phenomena can only be accomplished through the above ways where the governments powers are significantly limited and reduced while the peoples rights and powers are promoted. Regardless of the land or country if the Constitution is based and followed on the principles of we the people and there is control of government powers, then the Abraham Lincoln ideology would prevail. Peoples freedom and government control is not limited to individual rights but also extend to legal groups and organizations that are protected by the constitution. While a government is making a decision, it is likely to consider this organizations as they are part of the people who elected them and are well protected for in the constitution. The main difference between peoples government and a totalitarian government is based on freedom and political understanding that people should be given the right to control their lives, as totalitarian culture promotes obedience and apathy (Qvortrup 2002, p. 67). Civilization was the mother of democracy; however, civilisation would not be accomplished if people are ignorant. Education is a fundamental principle of ensuring that people are taught about their rights and powers toward the government. Dictatorship seeks to develop acceptance attitudes and limit citizens questioning by suppressing information and education systems that would enlighten the masses. The government is the peoples servant; however, this will all be in vain if people are not empowered to ask questions to their leaders. In this 21st century, most of the governments in the world are based on democratic principles and foundations that hand over the power to those respective principles and its subject. Several questions have been asked whether this power to the people is just a saying or implemented ideology along all departments and levels of the government. When the foundations of these principles were formed, the complexities of our societies was not as it is today. Environmental regulations were not there because the population was not huge as it is, slavery was still legal, labour transgressions were not present, food and water security were a nonissue. However, this has changed due to the massive increase in populations while civilization has reached every corner of the globe. Economic concepts are beginning to be more dynamic and complicated thus raising of new laws that may conflict with fundamental values of people's government and freedom. These complexities were obviously not present during the days of the familiar Gettysburg Address. Social freedoms such as sexualities free will were not critical issues to be addressed then ,since the social culture had not evolved as now (Nu'uhiwa 2013, p. 78). Modern governments around the world have promised their citizens a government run by their wills and not of the few intrest and thoughts. United Kingdom citizens were given a chance to vote whether to remain or exit the European Union in a referendum. This act in itself shows that the government recognizes that their citizens are the primary and core stakeholders of their government. However, democracy and will of the people are contradicted when several reports and experts say that the citizens of this country were given contradictory and misleading information about the referendum repucurssions. The leaders have been given a role in educating and presenting all credible material facts to their citizens so as to inform them on decisions that they are about to make and their consequences. Such a case present a conflict because wrong or misleading information may have influenced the decision making of the voters thus limiting free will values. (Pretorius 2006, p. 78). Several countries in the world are practicing nuclear and war malpractices, but many would ask if these leaders are apparently representing the will of the people or theirs. Government overthrows and coups are happening at an alarming rate in Africa and Asia where leaders elected by the masses are ousted by military powers. These states rise under these foundations are usually questioned about their loyalties, whether it lies in their interest or to their citizens .The ideology of people's government is almost insignificant in some republics as there have been reported cases all over the world where leaders are voted out by people but refuse to hand over their offices. Economic crisis all over the world due to corrupt and exploiting leaders is becoming usual and rampant. People are forced to go on demonstrations to have their demands heard and dealt with as their systems of administrations are not working for their betterment. Chaos, protest, and complaints of ordinary citizens all over the world have raised many questions whether their governments still remember that their the utmost priority is their electorates. Epstein (2011) has argued that modern USA systems are not based on democracy and the will of United States citizens. He has stated that conflict of people's will and the government will have been relevant in the voting systems where referendum process are limiting people's power to control and check their states. Epstein has stated that contrary to the basic understanding of government run by citizens, now citizens are accorded individual rights and protection other than being treated as a group. He has argued that we the people term has been restrained of its power by the courts so as to promote the powers of the arms of government thus limiting peoples voice. Epstein is indicating that the modern governments are using strategic legal moves such as referendums so as to limit the power handed over to the people. Referendum creates a dilemma where voters rights are exercised, but for democracy to take place these rights has to be limited so as to limit the laws that reduce the power o f the people for the sake of the government. A perfect example of how judiciary as an arm of government limited peoples power was in 2008. California state constituents had overwhelmingly passed the vote to legalize gay couples, but judges there disagreed with the case because the state attorney general could not explain and defend the decision made by the California state citizens. This was a clear indication that the ideas and beliefs of Abraham Lincoln about people having the final say were at risk from the government administration system. Founders of democracy stressed out that people were to given power to dictate both their economic, social and political independence and freedom. The freedom in question would only be achieved if the people were given the right to vote and elect political leaders, who would present their ideas and issues by forming administration arms that would run affairs of the country (Tierney, 2015). The leaders were also given the legal power to formulate and amend laws governing the citizens, but this has proved inefficient as these leaders are occasionally seen passing legislation that explicitly undermines people will. The developed administration arms of the government posed a significant threat to will and the power of the people thus raising the need to form ways to control and check the powers of these arms to safeguard the majority interest. Democracies go deeper than giving citizens the right to vote leaders and referendums. There are unexplained entanglements in laws and freedoms that average ordinary citizens are not aware, this gives them a right to vote but limits their powers as they have been robbed of the right to understand and information about what they are voting for or against (Spicker, 2008). The percentage of Americans turning out for election is becoming less, as tight social-economic constraints force them to forego the political process for other personal activities, thus influencing electoral outcomes that will affect their lives. Technical reduction of peoples power has been seen through electoral and legal processes, where referendums are the perfect example where people rights are limited without their knowing. Truth and trust between the people and the government are most important components in the developed democracies. A lot of political leaders believe that common citizens cannot be trusted with serious issues and truths that affect them; hence putting peoples government at risk (White, 2008). It is essential for the citizens to understand that democratic processes such as referendum will not solve all the issues and may be the primary threat to democracy in itself. Abraham Lincoln regime is popular for giving power to the people rather than taking it away from them, and this would need to happen in modern systems for democracy to prevail. List of References Bulley, D, Sokhi-Bulley, B 2014, 'Big Society as Big Government: Cameron's Governmentality Agenda', British Journal Of Politics International Relations, 16, 3, pp. 452-470, Academic Search Premier, EBSCOhost, viewed 18 May 2017. Epstein, RA 2011, 'Direct Democracy: Government Of The People, By The People, And For The People?', Harvard Journal Of Law Public Policy, 34, 4, pp. 819-826, Business Source Premier. Nun, J. (2000). Democracy: government of the people or government of the politicians? Lanham, Md, Rowman Littlefield. Nu'uhiwa, BS 2013, 'Government of the People, by the People, for the People: Cultural Sovereignty, Civil Rights, and Good Native Hawaiian Governance', Asian-Pacific Law Policy Journal, 14, 3, pp. 57-106, Academic Search Premier, EBSCOhost, viewed 18 May 2017. Petriwskyj, Cuthill, M 2017, 'Barriers to older peoples participation in local governance: The impact of diversity', Educational Gerontology, 43, 5, pp. 259-275. Pretorius, L 2006, 'Government by or over the People? The African National Congress's Conception of Democracy', Social Identities, 12, 6, pp. 745-769, Academic Search Premier, EBSCOhost, viewed 18 May 2017. Qvortrup, M 2002, A comparative study of referendums: government by the people. Manchester [u.a.], Manchester Univ. Press. Spicker, P 2008, 'Government for the people: the substantive elements of democracy', International Journal Of Social Welfare, 17, 3, pp. 251-259, Academic Search Premier, EBSCOhost, viewed 18 May 2017 Tierney, S 2015, 'Direct Democracy: A Comparative Study of the Theory and Practice of Government by the People', Political Studies Review, 13, 3, pp. 408-409, Academic Search Premier. White. R 2008, Government for the people: reflections of a White House counsel to Presidents Kennedy and Johnson. Lanham, Md, Hamilton Books.