Irac Rules free essay sample

Method for organizing legal analysis so that the reader can follow your argument †¢ Especially helpful in writing exams (IRAC) and legal memos (CRAC). How to do it? As an example, we will look at whether someone can sue for battery as a result of inhaling second-hand smoke. The issue we will look at is whether there is contact, which is required for a battery claim. Issue †¢ First state the question or problem that you are trying to answer (what might bring the parties into court). This can be in the form of a question or a statement depending on what your reader prefers. Examples: o â€Å"There is an issue as to whether contact occurred when the plaintiff inhaled the second-hand smoke. † o â€Å"Does contact occur when one inhales second-hand smoke created by another? † †¢ However, in legal memos, one may state the conclusion up front (in case the reader is too busy to read through the entire analysis. We will write a custom essay sample on Irac Rules or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Some professors also prefer that you state the conclusion up front. Rule †¢ State the rule or legal principle. This may take the form of stating the elements required for a prima facie case. o â€Å"The prima facie case for battery requires the following elements: an act, intent, contact, causation, and harm. † †¢ Some professors do not want you to explicitly state the rule (i. e. , â€Å"The rule is†¦Ã¢â‚¬ ). Rather, they prefer that you imply it in your answer. In other words, cut to the chase by focusing your rule statement on the part of the rule or element that is at issue. o â€Å"The offense of battery requires contact with the plaintiff’s person. † Analysis This is where you state your evidence and explain how you will arrive at your conclusion. You may cite other cases, discuss policy implications, and discuss (discount? ) cases that run counter to your conclusion. †¢ Make sure that you weigh both sides and make counterarguments where appropriate. †¢ Use case law, analogizing and distinguishing, and policy (for example, the goals of tort law ) to work your way to a conclusion. o â€Å"In Howe v. Ahn, the court held that noxious bus fumes inhaled by a passerby constitute harmful and offensive contact. Although the court has not extended this holding to a case involving second-hand smoke, numerous cases have likened second-hand smoke to air pollution (for example, Fox v. Abernathy). Policy considerations also favor finding contact in the present case. If one can prove harm as a result of inhaling second-hand smoke, it is better for the smoker to compensate the victim than burden the state. † Conclusion o â€Å"The court is likely to find that harmful contact occurs when a smoker releases second-hand smoke into the air and that air is inhaled by a bystander. † Exercise: Amanda has a long history of narcolepsy. She has tried all sorts of remedies from caffeine pills to doing jumping jacks every ten minutes to stay alert. After falling asleep during a law school final, she decided to see a doctor for some professional advice. The doctor prescribed â€Å"Stay Awake† medicine. The medicine seemed to work well and Amanda didn’t have any more embarrassing ‘naps’ in class. Two months later, Amanda was riding her scooter home when she fell asleep behind the handlebars. She then crashed into Felix. Felix decides to sue Amanda for negligence. What result?

buy custom Muscle Stimulation essay

buy custom Muscle Stimulation essay Muscles are contractile tissues that aid in the movement of the body. They have the ability to provide the necessary motion for the body. They also give the stamina that is required for the internal organs of the body. Muscles enable the body to have sufficient energy for various activities. The body muscles keep the body upright. Nervous system acts as the main controller of the muscles. Purpose of Study There are three main types of the muscles in the body. These are: skeletal, cardiac, and smooth muscles. These muscles are classified according to their functions and locations. They also appear in different shapes and sizes. For instance: spindle-shaped, flat shaped and circular. This paper seeks to explore different types of muscles, their composition as well as structure. Skeletal muscles are responsible for the support of skeleton. Body builder often do exercises so as to strengthen their skeletal muscles. In other words, skeletal muscles help in the motion of the body. Skeletal muscles constitute fifty percent of the body mass. Skeletal muscles join different skeletons by the help of tendons. These muscles are voluntary and consciously controlled. Usually, when a person decides to make any movement like running or jumping, this information is sent to the nervous system by the brain which then commissions the muscle to act accordingly. If it contracts, then a movement is made in the area that receives the information from the nervous system. The muscles have diverse sizes and shapes. This enables them to do different functions in the body. Some of the skeletal muscles include biceps that are used to bend arms, rectus abdominis found at the stomach, and frontalis located at the forehead. They are located at different parts of the body depending on the degree of their work. Skeletal muscles are made of long cylindrical cells known as fibers. The fibers contain myosin and actin proteins. These fibers are packed in bundles by a skin known as perimysium. They are the most developed muscles of all the three types. The fibers are greatly interconnected in all directions. These muscles require oxygen to normally function. They cosume a lot of energy. This energy is normally made by the adenosine triphosphate (ATP). When work load drastically increases in an individual, the amount of oxygen in the blood decreases. This is due to the increased consumption of oxygen. This may cause fatigue and muscle cramps in any individual. Over exercising is also harmful as it leads to accumulation of harmful chemical like lactic acid. These may make the muscles very painful. Cardiac muscles are another type. These are found in the heart. They are involuntary in there nature. Their activities are not controlled by the brain. They determine when and when not to act. Cardiac muscles are very important in any body. They are the thick muscles at the heart that pump blood to the whole body. When they contract, they pump oxygenated blood to all parts of the body. When they relax, they allow deoxygenated blood back into the heart. The heart is able to systemically beat throughout by the help of these muscles. They contract similarly as the skeletal muscles. They have a regular arrangement as skeletal muscles but are less developed than the former. Their regular fibers are connected at the branches unlike the skeletal muscles which are regular and parallel. When stimulated, the striated muscles contracts and relaxes in short and intense bursts. Smooth muscles are found in the stomach, bladder and also in the digestive system. These are also involuntary in nature. When one eats, their contraction and relaxation help the food move into the stomach for digestion. After digestion, they also allow the nutrients to move to different parts of the body. These muscles are also able to push food out of the esophagus from the stomach. This normally occurs when one is sick. This clearly shows the importance of these muscles as without them, ingesting food would be difficult. Moreover, what help us hold urine until we reach the toilet are these muscles. Without them, urine could be passing out without control. Most importantly, the noble task of these muscles is seen during the process of giving birth. They help the expectant mothers push out the babies. When an object tries to enter your eyes, it automatically closes thanks to the smooth muscles which are involuntarily at work. These musclees are not as developed as the skeletal muscles. They only bundles of thick and thin filaments. When they contract, the shortening takes place in all directions. At this time, the thin filaments slide past thick filaments. The intermediate filaments help in drawing them together. The contractions are controlled by calcium ions and are longer and sustained than all other muscles. In conclusion, the importance of the muscles can never be over emphasized. They control almost all the activities of the body. They respond accordingly as per the stimulus. This has enabled the efficiency of their work. It should be taken into consideration that these muscles require energy. Therefore, proper feeding of the body with foods that provide calories is very essential. They use the oxygen from the blood to breakdown glucose into energy. This the energy used to respond to different stimulations. Over straining the muscles are also not advisable. This expends all the glucose thereby depriving the muscles the required energy for action. This is a major problem for the skeletal muscles that use much energy.This table shows an experiment on the threshold stimulus when different workloads are applied on different skeletal muscles. The results show different outcomes for each the muscles. Every muscle exhibits a different figure. This shows that as the workload increases on the s keletal muscles, the threshold stimulus also increases at different rates. In this case volts stand for the threshold of stimulation. An increase in workload increases the skeletal stimulation. But there is a limit that the skeletal muscle can withstand. At the maximum load of 80 grams, lower forelimb and calf muscles are indicated NONE. This shows an overload to these muscles. They cannot withstand these loads. The stimulation does not produce any effect. Thigh muscles are the strongest here as they can be stimulated by a higher load. The breakdown of ATP produces the necessary energy for muscle to act. Example of attenuation of Vo2/W above the ventilatory threshold (VT) in one subject after the six week electrical stimulation (ES) programme. Vo2/W is the slope of the relation between oxygen uptake (Vo2) and power output. Buy custom Muscle Stimulation essay

Efficient Market Hypothesis Essay Example | Topics and Well Written Essays - 2000 words

Efficient Market Hypothesis - Essay Example While academics point to a large body of evidence in support of EMH, an equal amount of disagreement also exists. For example, investors such as Warren Buffett have consistently beaten the market over long periods of time, which by definition is impossibility according to the EMH. Critics of the EMH also point to events such as the 1987 stock market crash (when the DJIA fell by over 20% in a single day) as evidence that stock prices can seriously deviate from their fair values. (Investopedia, 2006, para.2) Wikipedia defines the Efficient Market Hypothesis (EMH) similar way. An assertion exists that financial markets are "efficient", or that prices on traded assets, e.g. stocks, bonds, or property, already reflect all known information and therefore are accurate in the sense that they reflect the collective beliefs of all investors about future prospects. The Efficient Market Hypothesis implies that it is not possible to consistently outperform the market - appropriately adjusted for risk - by using any information that the market already knows, except through luck or obtaining and trading on inside information. It further suggests that the future flow of news (that which will determine future stock prices) is random and unknowable in the present. The EMH is the central part of Efficient Market Theory (EMT). (Wikipedia: Efficient market hypothesis, 2006, para.1)Efficient Market Theory is a field of economics, which seeks to explain the workings of capital markets such as the stock market.... The EMH is the central part of Efficient Market Theory (EMT). (Wikipedia: Efficient market hypothesis, 2006, para.1) Efficient Market Theory is a field of economics, which seeks to explain the workings of capital markets such as the stock market. According to University of Chicago economist Eugene Fama, the price of a stock reflects a balanced rational assessment of its true underlying value (i.e., rational expectations); its price will have fully and accurately discounted (taken account of) all available information or news. The theory assumes several things including perfect information, instantaneous receipt of news, and a marketplace with many small participants (rather than one or more large ones with the power to influence prices). The theory also assumes that news arises randomly in the future (otherwise the non-randomness would be analyzed, forecast and incorporated within prices already). The theory predicts that the movements of stock prices will approximate stochastic processes, and that technical analysis and statistical forecasting will most likely be fruitless. (Wikipedia: Efficient market theory, 2006, para.1-2) It is a common misconception that EMH requires that investors behave rationally. This is not in fact the case. EMH allows that when faced with new information, some investors may overreact and some may under react. All that is required by the EMH is that investors' reactions be random enough that the net effect on market prices cannot be reliably exploited to make an abnormal profit. Under EMH, the market may, in fact, behave irrationally for a long period of time. Crashes, bubbles and depressions are all consistent with efficient market

What do you think Essay Example | Topics and Well Written Essays - 500 words

What do you think - Essay Example In the United States, political correctness in linguistics is founded on the intention to promote equality for everyone. However this intention has been lost, as I will detail in the following arguments: Our societys over-abidance with political correctness seems to hamper, even reverse the social progress that we have achieved. Our uptightness causes tensions within communities where there need not be any. To encourage politically correct language is to encourage censorship. Trying to hide the truth under the guise of politeness prevents people from getting personal for fear of offending others’ sensibilities. Therefore it does more harm than good. If one chooses to do something that dos more harm than good, it is considered unreasonable or unintelligent. Therefore politically correct language is unreasonable and unintelligent. Politically correct language emphasizes discrimination, rather than lessens it. In some cases it could even become a case of self-fulfilling prophecy, where an otherwise harmless expression, when deemed â€Å"offensive† by the powers that be becomes offensive simply because they say it’s politically incorrect. For example, the children’s rhyme â€Å"eenie meenie miney moe†¦Ã¢â‚¬  is considered politically incorrect because it was at one time and in some areas in the United States associated with racist sentiments (â€Å"catch a nigger by his toe†¦Ã¢â‚¬ ). Political correctness supposedly promotes equality for everyone, but in this case, it promotes the discriminative element, rather than just let the phrase lose the â€Å"offensive† meaning. If it does not fulfill the goals that it intends to achieve, it does not make sense to follow it. Therefore politically correct language is pointless. People who try so hard to say the right thing in the name of political correctness they end up just looking foolish. For example, not using the term African-American for black people

Personal Perceptions of American Revolution Essay

Personal Perceptions of American Revolution - Essay Example Going further back in history, I am now able to view the European colonization of the Western Hemisphere as inclusive of invasion, conquest, and genocide. I now look back with embarrassment about constitutional settlements that protected trade in slaves, committed government to helping slave catchers, and gave extra votes in Congress to slave owners. The moral perceptions  that underpin those reappraisals oblige us to go further. In other words, it made me realize that there is good reason to question whether the American Revolution --the British colonies' fight for freedom from the Crown--was morally justifiable. At the beginning of the course I thought of the revolution in transatlantic terms, springing forth as a result of colonial domination. The initial perception was that the colonists were taxed without due representation in Parliament, their endeavor to gain autonomy promptly suppressed by the Crown, their reluctance to act subservient to unresponsive masters leading, justi fiably, to the sweeping revolution. It is not that these initial conceptions were disproved during the course, but some of them were rectified. There is some veracity to the standard version of the War of Independence, for the colonists had genuine grievances against the British Monarchy. But, as I learned during the course, this version either colors or ignores certain obvious facts. Take say the plight of oppressed groups long inhabiting the vast North American landscape. Their voice was totally unrepresented in the discourse related to the revolution. According to the doctrinaire version of the revolution, the colonists were regarded as the primary victims of injustice. This is blatantly false, because the principal victims were the colored people, including Native Americans, whose generosity and hospitality were grossly abused by the European settlers. Contrary to the belief that European Americans have been all too willing to accept, European emigres came to inhabited territory in North America. Native Americans were populous and many dwelt in stable and structured communities. They had cleared land on the eastern seaboard and cultivated vast terrains. Their nations had established territories which were vital to the hunting component of their economies. These facts were evident to European settlers---especially to those who escaped starvation by accepting as gifts the fruits of Native American agriculture. Yet, distilled history of colonization largely neglects this aspect of early settlements. I also learnt during the course that African Americans are another community that bore the brunt of injustice - as they came to the continent tied in chains and were forced to slog as slaves. In this backdrop, the European frontiersman’s basic grievance was that he was restricted in robbing the already wretched natives and black slaves. Their cry for freedom and liberty was nothing more than a clamor for more control over the disadvantaged slaves and native s. This state of institutionalized injustice was accentuated further during the years of the revolution, diminishing the aura surrounding it even more. In other words, the injuries and sufferings associated with the revolution were apportioned unequally between the colonialists and other colored groups. These darker facets of the American Revolution were not cognizant to me prior to taking the course. And taking the course has made

Public Perceptions of Health

Public Perceptions of Health INTRODUCTION Studies shows that self-perception is a paramount indication of health outcomes. The degree to which self-perception to health is related with personality trait is, though, largely untold. We aim to study the connection between self-perception, personality and trait among people on Health. Health defines a person that is free from pain, injury and illness in both mind and body. Based on World Health Organization (1946) Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. THE PUBLIC CONCEPTS OF WHAT HEALTH IS According to the public, health means the ability of a person or communities to cope and manage their own health when physical, mental and social challenges occur. On the other hand, some of the people believe that being healthy has something to do with physical condition of the body, in fact it has to do with the whole condition of an individual both mind and body. Lots of people makes a great effort to live healthy and feel good for doing so. Thus with this kind of concept, man’s health is like an open system that continuously affected or influenced by external and internal factors. Factors such as coming from the environment, social dynamics and physical and mental state of health play a role in man’s ability to cope. Consequently these pose a challenge on putting an effective health management strategies. These are reasons why a multi-disciplinary approach to health care is paramount to public health. The involvement of multiple teams and other helth allied health professionals into public health management caters to the diverse needs and factors affecting the genral health of the public. In most first world countries, multidisciplinary approach to healthcare has been proven to provide best outcome of care and very cost effective. THE PUBLIC CONCEPTS OF WHAT ILLNESS IS Illness is a disease or a period of sickness affecting the body. But this does not only refer to physical health. Social conditions like poverty, inadequate nutrition, inappropriate housing, rising pollution and unhygienic and unsafe play areas for children fall into the first stage of illness. Each of these illnesses has different views from the public in New Zealand. People with illness tend to be less motivated the moment when they know about their illness while people around them only give minimal support. Some people tend to refuse or hide illness to prevent others to know their illness out of shame or embarrassment which makes matters worst. Therefore these concepts of illness compliment on how public view health, as completely the opposite. And public’s behaviour towards illness greatly affect the healthcare delivery system. Fears, anxiety, social stigma and poor understanding or lack of awareness are factors that are hard to overcome by health professionals in getting services to the public and often the cause of poor compliance to treatment. Thus, management or treatment of illness should not only focus on the physical symptoms and organic causes but also on the emotional and social impact of them to the person. Health professionals practicing under a multidisciplinary team recognize the importance of a support system for someone who is sick especially once they are in the community. For example, smokers in the pacific region give less effort to programs that helps to put an end on their smoking habits by substituting cigarettes with Nicotine replacement therapy. This program was tested when 24.6% of the smokers believe that nicotine replacement therapy can cause more harm than smoking itself and strongly believe that smoking can be stopped even without the program. Basically, Nicotine replacement program became ineffective for the pacific people, as a matter of fact, there was a high proportion of people believes on its ineffectiveness and only a relatively low proportion of pacific people especially in South Auckland that made claims for subsidized nicotine replacement therapies. Even though the campaigns and programs are set, more people are still likely to smoke that contributed to the rising air pollution and risking the health others through second hand smoke. In a research conducted by the Counties Manukau study that MÄ ori parents have low to no aw areness of options for stopping the smoking habit. This indicates that these group of smokers should be better aware in order for them to address their mental illness in smoke addiction. The Ministry of Health and World health Organization as well as the health care professional works hand in hand to help people quit from smoking. To encourage the public quit from smoking Policy on health should strictly manage a tobacco-free environment (i.e. workplaces, school etc†¦) and regulate a policy to stop advertising, promoting tobacco products and also to provide more awareness to the public about the negative effect of smoking. THE IMPORTANCE THE PUBLIC PUT ON HEALTH Life threatening diseases, illness and injury may occur in many instances than any of us would expect, but no one ever know when to happen. In public, insurance has a big impact on their health. According to research, around 32 percent of NZ has health insurance. It may not be big part of the population, but considering that public health here is government funded for primary and acute health needs, this number tells us that health really matters for NZ people. People invest for their health to get a better and quicker health service to avoid queuing up for rationed health services shouldered by the government in public health facilities. As compared to getting public health service where services are prioritized according to needs and acuity or urgency, health insurance caters to the individual need of the public without having to to be on a waiting list. PUBLIC ATTITUDES TOWARDS HEALTH AND MEDICAL PROFESSIONALS According to a recent studies conducted by Reader’s Digest NZ, a popular general interest magazine, out of the Top 10 most trusted profession here in NZ 5 of them are from the health and medical field. Nurses, doctors, rescue volunteers, pharmacists and Paramedics that topped the lists, were on the 2013 list. This means a confirmation of the quality of service and the public being happy of it. However trust creates expectation, a bigger expectation to maintan the quality and standard of health services. This is a challenge not just by the profesionals themselves but more so to the top management and government health or regulatory agancies to ensure public safety is always protected. CONCLUSION Self-perception to health is associated with attitude and personality regardless if there were self-reported medical condition or none. It was highly suggested that personal characteristic has a major contribution to the attitude and personality of the individual between self-perceived health and health outcomes. References: http://www.healthfunds.org.nz/pdf/Fact%20File%20oct2010.pdf http://www.stats.govt.nz/browse_for_stats/people_and_communities/pacific_peoples/pacific-progress www.stuff.co.nz http://www.scoop.co.nz/stories/GE0508/S00119.htm http://www.ncbi.nlm.nih.gov/pubmed/3576258 http://www.shareyouressays.com/113393/short-essay-on-illness http://www.readersdigest.co.nz/most-trusted-professions-2013

Student Achievement Essay -- Education Class Size School Essays

Student Achievement This is a research paper I did to see if class size is related to student achievement. I used two studies to see if class size was related to student achievement. When you read my paper you will gain the knowledge of how controversial this issue is. It shows the actual findings of two studies. My paper shows how younger kids are benefiting from the smaller classes. There is still ongoing research to really decide if smaller really is better. Many parents and teachers desire smaller classes for their children. However, are smaller classes necessarily increasing student achievement? It has been an assumption that if a student is in a small class setting, there are fewer distractions and the learning experience is greater. People feel children have more individualized attention, which may lead young students towards greater academic success. Research has been conducted across the country to see if smaller class size is really better. The number of students in a classroom recently became a controversial issue. There has been research that shows that class size depends on many variables. Some of these variables include the age level of students, subject matter taught, and instructional methods used. â€Å"Recent statistical syntheses of this research reveal that the instructional benefits of smaller classes are most significant for classes numbering under twenty students; in those with twenty five to forty students class size has little overall effect on educational quality† (Ellis, 1984, p.1). The benefits of a smaller class include increased one-on-one learning between the student and the teacher. This also allows the teacher to ascertain a student’s learning ability. If there are fewer stude... ..., Smith, P, Zahorik, J, Halbach, A, Ehrle, K, Hoffman, L, & Cross, B. (2001). 2000-2001 Evaluation results of the student achievement guarantee in education (SAGE) program. Retrieved April 28, 2003 from the World Wide Web at http://www.asu.edu/educ/epsl/SAGE/annual_reports/2000-2001%20Evaluation/epru-0201-104.htm#overview â€Å"Sage Initiative Evaluation†. (February 2002). Sage and direct instruction projects. Retrieved April 28, 2003 from the World Wide Web at http://www.uwm.edu/Dept/CERAI/sage.html. This website was about Project SAGE. It explained exactly what the study intended to do. For example, it planned to: Reduce the student-teacher ratio in their classrooms to 15:1 in grades K-3; Stay open extended hours (creating "lighted schoolhouses"); Develop rigorous academic curriculums; and, Implement plans for staff development and professional accountability.