ShantanuT01/DACTYL-Pretraining huggingface dataset:
While discussing torts, it is necessary to focus on the cases associated with product liability and the issues of negligence and strict liability. It is also necessary to discuss the cases of torts as legal causes of action. The first situation is connected with the product liability issue and the second situation is connected with the tort and a cause of action. Fact Situation # 1. The June family sued J. C. Penney as a distributor of defectively dangerous products such as Perdana Drop-Side Cribs because of the death of their 19-month old child. The plaintiffs point at the defective design and negligent manufacture and on the fact of distribution of defective products. In this situation, both the manufacturer and distributor can be discussed as liable in tort because of manufacturing and distributing defective products, still, the presence of defects should be proven and reported (Polinsky and Shavell 34). It is possible to speak about negligence in relation to product liability when the manufacturer produces high-quality goods and the seller’s conduct can be discussed as unreasonable because of the further unintentional injury. The fact that the sold cribs regularly malfunction because of the failure mechanism to facilitate the side’s dropping supports the idea that the product is defective, and it can cause dangers (Beatty and Samuelson 423). Thus, the June family should focus on proving the product’s defectiveness in order to impose strict liability on the manufacturer and distributor. Fact Situation # 2. Sally Marfield’s child was born as a result of the doctor’s negligence because the pregnancy was unwanted, and Sally was not informed about the dangerous effects of using such an abortion-inducing drug as Q-Zap on the fetus. It is important to state that the doctor did not warn about the consequences of using the drug and did not propose the test for determining genetic conditions (Pozgar 115). As a result, the born child suffers from pain, and Sally spends funds to support her son’s life. In this case, Sally can sue for wrongful birth as a cause of action because the doctor demonstrated negligence, and he failed to inform Sally about the risks of using the drug and having a child with significant genetic conditions. Consequently, Sally suffers from spending resources to support the son’s life, and the child suffers from a life of pain. It is possible to state that the harm to Sally’s family is caused because of the medical negligence, and this case should be discussed as the medial intentional tort because the doctor also did not inform the patient about his religious position which could also become the cause of his harmful actions. Thus, the doctor did not follow ethical standards, the standards of care, and caused harm to the patient because of not warning about the risks of genetic abnormalities (Rhinehart
Discussion of the people who settled in France before the arrival of the Romans Southern France had a favorable environment for the settlement of primate cave dwellers. Primitive people lived by hunting and gathering. Their culture has been called mega-lithic because they created huge monuments of stone. Prior to the arrival of the Romans, the most advanced peoples appeared on the coast of France. These were Greeks who established trading posts and ports. They were interested in tin, copper, and bronze. Nevertheless, these peoples were not satisfied with ports and trading ports. They started to establish cities and invade lands. Greeks created a prosperous nation and contributed to the rapid economic development of the French region. Greeks have significantly extended the trading routes to the north. Greeks introduced money and writing along with trading goods. Simultaneously with Greeks, Celts have invaded the interior of France. Unlike Greeks who brought trade and culture, Celts brought iron weapons, horses, and chariots. Greeks brought prosperity, while Celts became conquerors. Discussion of the nature of Gallic society (600-50 B.C.) Gallic society consisted of 15 million people who lived in Gaul prior to the Roman conquest. Despite the lack of unity, there was a centralized government and law. Power was held by the families of kings or by warrior aristocrats who were elected. Tribes lived in a permanent state of insecurity and unrest. Customs, social structures, and religion remained the same throughout Gaul. There were two dominating classes: the priests and the nobles. Such sciences as astronomy, medicine, and philosophy were very important for Gallic society. People lived in dwellings made of timber and branches covered with straw. The Gauls wore long shirts and trousers. Gauls were seen as brave, lively, gifted in speaking, unstable, and quarrelsome. How was Gaul politically organized by the Romans both before and after the introduction of Christianity? When Romans started their conquest of Gaul, they brought a new political system into the region. Domination was accepted because conquerors respected local customs and institutions. Romans gave titles to the ruling aristocracy and granted them extensive power in political affairs. Gallic states preserved their boundaries as well as local governments. Civitas, urban centers, was used to describe a territory of a people. Civitas was divided into provinces. Governors of civitas and provinces were elected
Introduction Governments use various methods to intervene in markets for different reasons. Modes of government interventions in markets include the use of tariffs, subsidies, import quotas, voluntary export restraints, local content requirements, administrative policies, and antidumping policies. Hence, the government can influence the market either directly as a competitor or indirectly through tariffs and regulations. These interventions only occur for political and economic reasons. Government interventions in markets and reasons for interventions in markets Tariffs are taxes that governments levy on imports or exports. Governments use tariffs to protect emerging local firms from fierce foreign competitions, protect old firms from competition, and reduce cases of dumping. Dumping aims to avoid ‘too low’ prices of imports in the domestic market. Subsidies are governments’ financial supports to any sector (Office of Fair Trading 26). They may include direct grants, additional capital, exemptions from taxes, guarantees, and low interest loans among others. Subsidies influence the market competition through changes in costs and production strategies. Import quotas limit the amount of goods that a country can import within a certain period. Hence, quotas can influence production of goods in other countries. Quotas protect domestic firms, but may result in increased prices for consumers. They reduce imports to eliminate competition. Voluntary export restraints happen when a government limits the amount of goods or services that local companies can export to other countries (Hill 216). This protects local firms from a fierce competition as witnessed in the case of cheap Japanese cars imported in the US in 1980s. Both countries applied voluntary export restraints to protect the domestic automobile industry of the US. Local content requirements favour the use of locally manufactured parts, labour, services, supplies, and materials for production within the country rather than importing such resources. Hence, governments require a minimum use of local contents to promote domestic economies when foreign firms produce in a country. Local content requirements could also happen because of political influences and the need to protect and benefit a given territory. It happens in the Nigeria Oil and Gas Industry in which the government has made it a law for all multinational oil and gas firms to incorporate local contents in their production chains (Falco, Gallo, Santillo, Troncone and Viecelli 213). Local contents can also include direct investments on the site. Administrative trade policies are regulations that governments formulate to make it hard for other countries
Introduction According to the American Disability Act, ADA is an act which is based on the premise that an employer who has 15 or more employees ensures that they provide reasonable accommodation for those employees or individuals who have disabilities. However, this is unless those disabilities would be deemed to bring about or cause undue hardship. Essentially, reasonable accommodation is a change that follows changes in the work environment which is usually aimed at helping a person who has got disabilities to fit in. Case One According to the ADA, an employer must ensure that the reasonable accommodation arrangements are made for the employee with disabilities. This should ensure that the employee can be in a position of carrying out the essential functions of the job. Therefore, if an employer is in a position of modifying the job’s requirement structure or structure which will cause the employer perceived hardships and at the same time ensure that an employee who has got disabilities to work, then it is paramount that the change of the job should be made. In this case, Hand meets the legal definition of a qualified individual who has got a disability. This is because he cannot be able to carry out some tasks within the job description because of the prevailing circumstances with regard to his health condition. According to the ADA, the employer should be in a position to ensure that he creates conditions or opportunities for employees like Hand to work. This implies that it is the responsibility of the employer to create such conditions. Case two The LMRA is an abbreviation which stands for Labor Management Relations Act. This is a federal law which regulates the kind of relationship that exists between the employers and the employees or the workers. This law seeks to bring a balance between the in terms of rights and needs employers and employees. This is particularly in line with wages, issues to do with collective bargaining and the working conditions of the employees. The discharge from duty of Dale and Brady was a violation of section 8(a) (1) and (3) of the LMRA. This is because the discharge was directed towards the interference and restraint whi
Promotion is an act of an individual’s advancement following his or her performance at work. It is the process that is involved in selecting an individual for a top position during a performance appraisal. The promotion process within any given company allows the assessment and evaluation of the employees’ performance over a given period. It gives the chance for employers to assess their performance and level of success. Promotion can be counted as a rewarding process, hence, it acts as a motivation for employees to improve their performance (Pettijohn et al., 2001). Performance appraisal is an organizational tool that helps managers evaluate and assess one’s potential to work that acts as a record of an individual’s achievement, and through which one can be easily promoted (Reeves, 2000). In the case study provided, the selection process was not planned well as gender balance was not considered. The senior-level managers criticized the negative traits of two interviewees, Jane and Mart, but favored Joe. The rest of the interviewers focused on the applicants’ strengths and weaknesses. The selection process was difficult for Jane, especially when the two senior managers asked her about disciplining employees and if she could handle a budget worth one million. They both assumed that she was not suitable for the job instead of granting her the chance to prove to the company that she was a top achiever and to show her abilities. During the selection process, the interviewers should have treated every interviewee equally in terms of questioning and the criteria for selecting the best candidate from those interviewed. Regardless of the position an interviewee was seeking, the interviewers should have had a positive attitude towards each interviewee. In the case study, the two senior managers, George and Jake, seemed to concentrate more on Jane’s negative sides as compared to her strengths. Jane’s candidacy was good as she is result-oriented and is always looking forward to achieving positive results. She is democratic as she counts on each and everyone’s contribution, she is a good listener, and she uses facts to support her ideas and is worried when things do not go as planned. Jane lacks good managerial and organizational skills and is not controlling. Reeves (2000) found that women do not place important status on control as they are unaware of any significance of the status. On the other hand, Joe is controlling, which is what most employers look for in a manager. He can also address various issues of underperformance when an employee fails to reach a required target. Additionally, he can use his management and organizational skills to make sure that an employee performs as expected, and is focused on meeting set goals and objectives against all odds. Joe would use his strengths and his p
Introduction When conflicts occur in a department or hospital, healthcare workers find it hard to work as a team. This situation can affect the nature and quality of care available to targeted clients (Higazee, 2015). It is always appropriate for health administrators (HAs) to come up with adequate conflict resolution strategies. This discussion gives a detailed analysis of a conflict that was observed in a nursing environment. The Targeted Conflict The unresolved conflict in the department emerged from ineffective leadership. Some of the nurses in the institution were not getting the right support from their team leader. The leader was sometimes biased whenever empowering healthcare workers. Most of the issues and conflicts presented to the leader were ignored. The misbehavior continued to affect the morale of the workers in the institution. The interviewed caregiver indicated that the team leader was not willing to be part of the nursing process (Anderson, 2015). Consequently, some of the nurses in the team chose to take up various leadership roles. Unfortunately, such efforts did not deliver positive outcomes. This situation led to conflicts and disagreements. The majority of the nurses decided to focus on their personal goals. This a
Health, illness and treatments have been looked in different ways based on the cultural beliefs and traditions where one belong. Cultures all over the world have created and practiced different kind of healing system and all of these have rational points on how human bodies function normally and abnormally. Health professionals should integrate diverse cultural concept in dealing to various healing system and modify treatments that put emphasis in giving the best health care that one deserves to have. Multi-ethnic understanding should be taken into consideration because different cultures have their distinct ways in dealing with diseases. The biomedical model of health focuses on the biological aspect of the individual and uses scientific methods to diagnose and cure an illness. The diagnostic methods and tools are used to restore the physical state of the human body. It sees good health as the absence of pain or freedom from disease and is based on a fact. While this model focus on the individual, other healing system like the Hmong model, that has little information about the western medical practice, believes that the causes and the cure of illnesses are divided into two parts, the spiritual and non-spiritual aspect. The story of “The Spirit Catches You and You Fall down” implies that the Hmong sees epilepsy as of divine
Introduction Cheating among student in collages is on the rife today and this is one of the serious challenging factors in most learning institution. According to the article written by Lawrence Himan, ‘How to Fight College Cheating’, he reports that about 74% of the students in colleges have accepted cheating in one or more of the several exams they undertake. He also reports that the evolution of electronic devices have made is possible for the students to accelerate cheating and this includes gadgets like cell phones and PDAs (Anderman, Eric, and Tamera 86). It should also be noted that various colleges are enacted punitive measures to help curb the menace of academic cheating. Failure in the academic paper, forfeiting of the degree course, and a poor recommendation for future jobs are some of the repercussions of cheating in colleges (Anderman, Eric, and Tamera 111). Thesis statement: Is academic cheating expected to be on the rise following the advancement made in the IT sector; Cell phones, I pads, and online assistance. The acquisition of the cell phones which is essentially used for communication has been turned into academic assistance gadget, the cell phones have been made in away that they are able to access internet and this has provided students with the easiest means of reaching useful information regarding academic writings. Student in most parts of the world have been found to engage cell phones widely in accessing information and pasting them in pretense that they are there own (Cizek 146). In this reference, most institutions have banned entrance of the exam room with any device that is internet enabled as this alone is tantamount to suspension as well as expulsion from studies in the institution (Cizek 177). In the other way, the student have used I pads to plagiarize their papers. With the assistance of this device, the students are able to access already similar papers in the various sites in the internet at a fee. Today several sites are on the internet and have presupposed on the possible various papers the students might be expected to give a write up on and do the papers in prior for the students to purchase (Davis, Patrick, and Tricia 123). This kind of arrangement has increased the complacency level among the students and most of the student wait and procrastinate until the last minute that they endeavor to beat deadlines. In this way, the students are able to submit papers not of their original work but in disguise (Davis, Patrick, and Tricia 158). Online assistance also plays a major role as it segments another huge their cases online to freelancers who then undertake to deliver the papers on the time indicated at a cost. The online assistance has equally made it possible for the student to keep postponing their program as they are assured of assistance even in the shortest deadline (Lathrop, and Kathleen 44). Technology has therefore made academic cheating very technical and no one can be apprehended of cheating as the source can not be ascertained. The learning institutions will therefore be forced to devise other methods that are equal to d
Introduction Multilingualism is defined as the ability of a person to speak in more than one language. To many people it is easier to learn a first language than a second language. This is because learning the second language involves learning new things or aspects about the language. Some of the reasons for it being hard could be because old learners may no longer possess the natural ability of acquiring languages like the young children. Discussion There lacks an agreed method of collecting data relating to L1 and L2 learning and this has made most of the data collected unreliable. Mostly, the data related to linguistic is collected informally and this has also contributed to making the data unreliable. Natural capacity and social experience play a big role in language learning. Naturally, human beings have an innate capability to learn their first language right from birth. This explains why all children start learning their first language at the same age and in the same manner and beyond some age limit, then learning of this language can never be complete. It is, therefore, clear that part of first language learning in children is genetic. The role of social experience in language acquisition is seen through the fact that children learn to communicate using language that is used by the people around them. Proper social experience and interaction is thus an important factor in language learning. First and Second Language Learning can be compared using three distinct phases. The first phase involves fundamental knowledge concerning language structures and policies in the mind of the learner during first or second language acquisition. The second phase entails all stages of language acquisition and development including maturational changes that occur during child grammatical development. The third and last phase is a product of first and second language learning. During first or second language learning, language input is an essential factor. However, though first language learning in children takes place in the absence of facilitating conditions such as instructions, feedback, and aptitude. Second language learning requires these facilitating conditions for it to be successful. The question on the possibility of children to attain the last state of first language development with ease and absolute success given the complicated nature of the language and their undeveloped cognitive ability at the learning age poses a logical problem in language acquisition
Historical Background South Africa is one of the developing countries that are showing some positive signs of development among other developing countries. This country is located in the Southern region of Africa Continent. The country was colonized by the Dutch and became independent in the year 1994 after a long period of unrest between the whites and Africans. The first president elect is known as Nelson Mandela who later retired paving way for the election of Thabo Mbeki, the leader of African National congress (ANC) as the president on June 2, 1999. Thabo was in power for 10 years when the third president was elected. Jacob Zuma the leader of the ruling party (ANC) became president of South Africa in April 2009. The three presidents have contributed a lot on the development of this nation. Thesis Statement South Africa has shown some economic growth and development. Geography and historical institutions are believed to have contributed and that is why the study intends to investigate. Economic Growth and Development The development of this economy lies on the formulation of good macroeconomic policies and high-level governance strategies. This country is majorly known for presence of many precious minerals, which include gold and diamond. These economic engines propel this nation to greater heights. South Africa’s agricultural sector has improved significantly. The cause of this improvement is sensitization of the locals on land ownership after the whites left the lands to them. The research done by World Bank has proved the argument. The province of KwaZulu- Natal is known for agriculture. The main crop that is grown in this region is sugarcane. Other crops include, pineapple, citrus fruits, cotton, bananas. There is also animal husbandry in this region. The livestock kept in this area include, cattle, sheep and dairy. The area is rich in Agriculture due to fertile soils that originate from the Drakensberg and Lebombo Mountains (Fortin 126). South Africa is known to have the highest number of learning institutions in Africa. There are also many tertiary institutions that provide technical skills to the country’s citizens. The whites started some of these institutions during the colonial period and they offer some of the best courses. For instance, there are only three universities in Africa, which offer courses in Virology, and all these are located in Africa. This means the country generates revenue from international students who seek education in this area. In general, the increased number of graduates helps the country to grow hence eliminating poverty (Bloom, Canning, and Chan 5). The line graph below shows Gross Domestic Product trends of South Africa between the year 1994 and 1995. South Africa GDP constant 95 prices Year over Year (%YoY) Source: (Maundeni 45) South Africa has a population of 48.7 Million comprising of colored, Asians, whites and Africans. The population provides bot