Key facts Assignment Example | Topics and Well Written Essays - 500 words

Key facts - Assignment Example The second step is to determine the key elements of the cause of action that is raised by the facts of case. The third step is to outline all the facts of the case that are important to the elements of action raised in the second step. The fourth and final step is to outline which of the facts listed satisfy the key elements of the cause of action to be discussed in a court of law. There are three steps used in indentifying the facts in a court opinion. The first step involves reading the entire case having in mind what was decided in regards to what facts of the case were. The second step is to read and analyze the holding of the case. This helps to understand how the court answered the legal questions raised on the facts of the case. The last step is analyzing the key facts used to make the holding of the case (Albright & Putman, 2013). Police in Burbank initiated surveillance on Leon after receiving confidential information that they were selling cocaine and investigation earlier showed that he stored a stash of methaqualone in his house. After a search Leon was indicted by a grand jury in California and charged with drug trafficking. The court granted a motion to suppress evidence arguing it was defective due to the warrant and lack of probable cause. On Appeal, the government argued that the police acted on good faith when using the defective warrant. The court of appeal affirmed trial court decision and declined the government argument of good faith. Reasoning: The exclusionary rule was a judicial act not a constitutional right that safeguards the Fourth Amendment. It deters police from misconduct and abuse. However, a police who acts with a defective warrant in good faith cannot be held for misconduct. There lacks basis when evidence is suppressed when they relied in good faith using a defective search

Concept of Self Essay Example | Topics and Well Written Essays - 1250 words

Concept of Self - Essay Example The self develops out of a conversation, by using symbols. Mead was responsible for developing the concept of symbolic interaction, the most important factor in human social relationships. Symbolic interaction consists of interpretation, that is, comprehension of the meaning of other person's actions. The foundation of cooperation is social relations and it relies on the communication process in which meanings are conveyed. Non-symbolic interactions are those in which partners respond to each other's actions directly. Mead emphasized that the interactions and even cooperation, as seen in animals is purely biological. As against this, humans can interpret and mutually define their actions, rather than just reacting to them. In Mead's opinion, human thought, experience and conduct are essentially social. Human beings interact with each other in terms of symbols; the most important of which are contained in language. Without symbols, humans will not interact and therefore no human society. Mead was of the opinion that animals respond through gestures, but their interactions are unconscious and non-rational. Only human beings are capable of abstract thinking. The human mind can have inner conversation and adopt an attitude towards oneself. Human cognition has a symbolic nature. Animals, according to Mead, do not possess this ability, for they do not possess self. AccoAccording to Mead, self distinguishes humans from the world of nature. He distinguished two aspects of self: subjective I and objective Me. I is responsible for interpretative reactions towards social stimuli. This aspect is responsible for creativity, spontaneity, and unpredictability at times. I is the basis of self-image. The me aspect is the social self, developed in accordance with other people's views and expectations. This social fact is what separates human beings from animals. Views of H.Blumer - The Interacting Self Blumer opined that human interaction is influenced by symbols, interpretation, or addition of significance to other humans' actions. He maintained that symbolic interaction is typically human field of operation. He said that the mental and cognitive aspect of constructing meanings excludes both interaction between human and nonhuman animals and interaction between nonhuman animals themselves. According to Blumer, a human being can be an object of his own action. He can act toward himself and guide himself toward others on the basis of the object he is to himself. This process involves a selection of the objects considered relevant for the individual and an appropriate handling of the meanings of those objects. As against Mead, Blumer stresses on the I side of the self. This I is built socially, as it is a result

Book review 3 Essay Example | Topics and Well Written Essays - 250 words

Book review 3 - Essay Example The whole idea was conceptualized after a five year teaching of high ranked executives in the world’s best Harvard Entrepreneur program. From her observations, it became evident that majority of her students spent very little time in picturing and actualizing their own companies’ strategies. Leadership and strategy are inseparable. This is a point missed out by many leaders. Clearly as seen, strategies are not ‘how to’ functions in an organization. They cannot be executed on their own, and thus the need for a strong leadership background. There is a very little understanding of the intertwined intimate relationship between leadership and strategy. For this reason, managers keep seeking professional advice from external specialists to help in making company analysis and strategically position them for competitive advantage. This has made strategy a lucrative business for most experts. A question that every business leader must answer is, â€Å"Does your company matter?† (Montgomery pp. 13). For this reason, leaders should not only be willing and ready to learn on how best to be effective managers but also creatively think of possible ways through which their businesses can prosper. In real sense, vey many leaders find it extremely difficult to trace t he existence of their companies and thus cannot even describe or identify the needs in their individual companies. This causes lots of confusion at the lower levels of management because of the colliding decisions at the top. Since leadership and the strategy are inseparable, a question is posed to business leaders; â€Å"Are you a strategist?† (Montgomery pp. 20). A strategist is a leader who wholeheartedly guides the ongoing process from the conception of an idea, its execution, and post convincing results. A strategist carefully watches, identifies, makes decisions, and risks other opportunities for

Effective Leadership Essay Example | Topics and Well Written Essays - 2000 words

Effective Leadership - Essay Example Effective leadership is highly important in an organizational setting. A leader of an organization plays a significant role in the success of an organization. There have been prominent examples in the past in relation to the success of organizations merely due to effective leadership of those organizations (Lussier, 2009). Leadership is different from the management of an organization. The management of an organization directs the workforce of the organization without involving the employees in the decision making. The management merely directs the employees and it does not take into account the will or commitment of the employees to complete the task. A manager only wants a specified task done in accordance with the specific set of directions given by the manager within a rigid deadline. This can be frustrating for the employees and it may affect their efficiency. Thus, due to the lack of efficiency in the employees, the organization as a whole may lag behind and there may be lack o f motivation among the human resource of the organization. On the other hand, a leader does not impose any duties to his staff or his subordinates. Unlike a manager, a leader involves his subordinates in the decision making processes and exceeds his expectations towards them in order to acquire feedback from his subordinates. In this manner, the subordinates not only get motivated to perform the task more effectively and efficiently but they also perform their valuable opinions in the decision making process. It is one of the basic traits of effective leadership that the leader makes all the decisions collectively. Due to the involvement by the subordinate staff, there are a number of different options that come up, thus the leader is provided with a number of options so that he may choose the best option. Thus, in an organization with an effective leadership, there is high level of motivation among the subordinate staff and this high motivation results in the increase in the overal l efficiency of the operations of the organization (Armstrong, 2006). A leader may involve the subordinate staff in a number of ways. Different manners of involvement of the employees by the leader work for different organizations. In some organizations, a leader might present his own opinion and try to sell it to the subordinate staff by presenting the arguments in favor of his opinion. He may also seek feedback from the subordinates in order to ensure that they have been convinced by his opinion and they accept it completely. In another case, the leader might ask for the opinions of the subordinates along with their supporting arguments and he may choose the option after taking feedback from the subordinates and the option that he seems as best. A leader might also provide his opinion and ask the subordinates for any feasible modifications in the leader’s plan. Therefore, it can be said that a leader plays a highly important role in an organization for the efficiency and su ccess of the organization. An effective leader is also very convincing among the employees of an organization therefore it is in the hands of the leader to drive the organization on its way to success. In case of a change in the organization, an effective leade

BARGAINING Assignment Example | Topics and Well Written Essays - 750 words

BARGAINING - Assignment Example Kaiser Permanente thought that a national agreement might lead to nationwide strike or lack of support for the agreement by the local unions. On the other side the coalition of unions believed that the national agreement will lead to national wages that will be lower than the local rates (Leventhal, 2006). 26 of the unions were convinced that the national negotiation would not give the best results for their members. Looking at this someone can realize that the interests of Kaiser Permanente were to make sure that they were able to curb national strikes and prevent local unions from rejecting the agreement. The coalition of unions on the other side wanted to make sure that the union members had job security and that there would not be a decrease in payment rates that were resultants (Leventhal, 2006). The interests mentioned herein can be differentiated from the positions of the involved parties in that they were not the demands made by the negotiation parties. In this case the demands are what will be referred to as the positions of the involved parties. The reasons behind the demands are what are referred to as the interest. This is the primary reason as to why the herein mentioned factors can be referred to the conflicting interests of the interest-based negotiation. For Kaiser Permanente to be contributing to the negotiation process they first had to accept the local wage rates to be used nationally. This is the most appropriate through which the other party will feel like the national negotiation process had something positive for them. With such an action the Coalition of unions will not have to fear that the national agreement will lead to a situation where their members are accorded lesser wages as compared to the wages that they used to get under the local agreements. Given the fact that interest-based negotiation dwells on integration and mutual compromising, the coalition of unions will also have to agree that will prevent

Reflection Essay Example | Topics and Well Written Essays - 500 words - 31

Reflection - Essay Example Diversity also offers a rich mix of characters in a diversified community to promote interactions of people’s strengths and weakness in an organization. A multi-cultured community therefore has an advantage of effectiveness and efficiency in generating solutions to problems, especially if the differences are managed effectively. The interview also established that the benefits of diversity apply across different fields. The interview changed my thinking over superiority issues across diversity. I previously focused on major traits across cultures and believed that people’s potentials depend on their cultural orientations but the interview changed my thinking. I, however, know understand that each culture is rich in potentials and that diversity is not the basis to determining an individual’s ability. Learning of the advantage of integrating cultural features in a multi-cultured community for effectiveness has also informed me that diversity is important and organizations should promote it. I appreciate cultural differences and try to learn more about each culture because of my change in thinking. I interact with people from different culture, with honesty, and even try to incorporate their traits in my life and activities. My attention has therefore shifted to developing diverse relationships that I currently work on. The important information that I learnt about diversity, from the cultural immersion, is the role of diversity decision making. While different cultures have different approaches to decision making, each approach is not perfect but integration of positive elements from each culture improves decision-making process, leading to informed decisions. The knowledge has developed a new perspective in me and I will in future incorporate perspectives from different cultures while making decisions. I will identify individuals from each

Tobacco's Scandalous Past Essay Example | Topics and Well Written Essays - 500 words

Tobacco's Scandalous Past - Essay Example In 1901, "Edward VII, the tobacco-hating queen's son and successor, gathers friends together in a large drawing room at Buckingham Palace...and announces, "Gentlemen, you may smoke" (Borio). Smoking jackets became popular and advertisements glorified the attractiveness of smoking. This was the age when it was fashionable to enjoy a glass of port wine with an elegant after dinner cigar ("History of Smoking"). This sensation swept Great Britain and began the conflict between good health and fashion for the tobacco industry. Soldiers during World War I were treated to cigarettes in their rations and as they brought the habit home, it gained even greater popularity. According to Borio, one-third of the returning soldiers were addicted to cigarettes. By 1935 the reported cases of lung cancer among cigarette smokers were skyrocketing and in 1938 the first medical report on the ill health effects of tobacco was released by John Hopkins University (Borio, "George Seldes on Tobacco"). By 1948, lung cancer was growing at 5 times the rate of any other cancer and had become the most common form of disease (Borio). Many of the victims of smoking were veterans who had gained the habit during World War I. The last half of the 20th century witnessed a string of monumental events concerning tobacco.