Comparison Of Deontology And Utilitarianism - Free Essay Example

Sample details Pages: 8 Words: 2281 Downloads: 10 Date added: 2019/08/07 Category Ethics Essay Level High school Tags: Utilitarianism Essay Did you like this example? Deontology refers to an ethical theory that was introduced by a German philosopher Immanuel Kant. The theory postulates that individuals have a moral obligation to act in line with prescribed principles and rules irrespective of the outcome. John Stuart Mill, on the other hand, founded the Utilitarian theory that indicates that the outcomes of a particular action or decision determine whether it passes as right or wrong. Don’t waste time! Our writers will create an original "Comparison Of Deontology And Utilitarianism" essay for you Create order Overall this paper seeks to analyze and compare ethical theories of Deontology and Utilitarianism. The theory also goes by the name duty-based. It focuses on what people do and not the consequences of their actions. Kant insisted that individuals ought to focus on doing the right thing for the reason that they pass as right and refrain from doing the wrongs things for reasons that they stand as wrong. Broadly, Kant insists that one cannot justify a particular action by indicating that it resulted in good consequences which explain why sometimes the theory acquires the name non-Consequentialist. The origin of the name deontology traces back to a Greek word deon, which means duty (Mills 109). Noteworthy, duty-based ethics refer to the popular principle of the thing common among the people. Kant and those who uphold duty-based ethics contend that certain acts pass as right or wrong by what they are and that individuals have a responsibility to act accordingly irrespective of the outcome that results from the same. Deontologists believe that moral rules ought to guide the universe for instance; they believe it is wrong to kill, tell lies and steal whereas it is right for one to keep promises. The extreme part of the theory is that it indicates that individuals have a responsibility to do the right thing at all times even if the action produces more harm compared to doing the wrong thi ng. Notably, deontologists indicate that individuals have a duty irrespective of the circumstances to do the right thing and it does not matter whether it produces bad results. Kant suggested that in its application, the theory might look inapplicable but remaining firm on it will often result in the society living harmoniously (Kant 26). For instance, Kant argues that it would be unethical for one to tell a lie in a bid to save a friend from a murderer. In light of the above, it suffices to assert that people will be considered as doing the right thing if their actions have moral standing. Importantly, deontologists focus on the value of individuals by according equal respect to all human beings. Kant insists that, Moral principles are based on reason (Burnor Raley 155). Deontology forms the basis of the current human rights since it establishes respect and dignity of every single person including those that stand at odds with the expectations of the larger group. Additionally, Kantian, deontological ethics indicates that some action should never be done irrespective of the good consequences they deliver. The ideology reflects the thinking pattern of the individuals. Importantly, Kant indicated that moral rules should have the quality of universality, for instance, he indicates that, Act only in accordance with a ma xim that you can at the same time (rationally) will be to universal law or principle (Burnor Raley 161). That implies that the moralrules should have some universal traits in that the consequences ought to be similar irrespective of where they are applied. According to Kant, all human beings require equal treatment regardless of ones position in society (Kant 21). Kant believes that society becomes ideal when people live within prescribed moral rules. Deontologists focus more on the intention that people have for acting in a particular way. The motive of an action supersedes the outcome of a specific action which explains why the results bear little meaning to them. For instance Kant states that, Goodwill freely chooses freely chooses to fulfill its duty, and moral duties are determined by reason (Burnor Raley 157). Overall, Kants Deontological theory disregards many aspects of human actions and treats them as premeditated occurrences that can be controlled and regulated using the societal moral rules (Kant 31). The theory does not consider that some action occurs as unconscious responses to the happenings in the environment. Some human actions requires impromptu responses that do not give one time to determine their ethical implications and thus judging the outcome of such actions by their intention stands as immoral in the first place. Deontology only applies to actions that an individual carried out after meditating on them. Deontology observes seven primary duties that they believe that people ought to adhere to in the quest to make the society balanced and upright. The first duty is that of beneficence which entails assisting other individuals to increase their pleasure or improve their character. The second duty of non-maleficence forbids one from causing harm on other people while the thi rd duty of justice indicates that one ought to ensure other people receive what they deserve without being shortchanged whether they know it or not (Kant 43). The additional duty is the one that dwells on self-improvement where it insists that an individual should always strive to make themselves better in all aspects of their lives including, social, economic, and intellectual among others. The duty of reparation, on the other hand, provides that one ought to recompense others if they act wrongly towards them. The theory agrees that no human being can claim perfection, but if an individual causes pain or loss to the others, the person ought to make fair compensation to the people. He claims that, We should never use people for our own purposes; instead we should treat everyone as having worth in themselves, (Kant 158). The duty of gratitude demands that an individual ought to benefit individuals who have helped them. The duty means that an individual has a responsibility to return the favor to others for their good deeds towards them. The duty of promise keeping closes the bracket of the seven duties. Promise-keeping compels one to honor commitments that they make to others as they interact in their various activities. Mills defines Utilitarianism as a theory that determines the moral rightness or wrongness of action depending on their outcomes. He asserts that actions stand as for right if they produce happiness and wrong if they produce misery. In other words, Mills holds the view that the end justifies the means. Mills indicate that everyone in the society strives to find happiness and pleasure in their actions and sometimes the consequences of their quest attract the undesired results of pain and suffering (Mills 37). According to Mills, if an action brings about positive consequences, then it passes as good and no one ought to judge it otherwise, and when it produces bad outcomes, it passes as wrong. Utilitarianism holds the view that the intention or motive of an action has no impact of determining its moral stand (Mills 67). For instance, Mills avers that if someone finds himself in the hands of armed robbers and lies to them to escape, the action passes as morally right. The outcome is that the individual saved his life which stands as a positive outcome even though the person lied at first. Utilitarians contend that the overall purpose of morality in society entails making life better by way of increasing the number of good things such as happiness and pleasure. They also believe that morality ought to decrease the number of negative things such as unhappiness and pain that causes human suffering. Mills outlined three basic principles that serve as the basis of the utilitarianism. He indicate d that pleasure or happiness stand as the only aspect of human life that bear real intrinsic value. He also noted that actions pass as right as long as they promote happiness and wrong as long as they promote unhappiness. The third basic principle indicated each persons happiness counts in an equal measure (Mills 67). In general, Mills indicated that society ought to focus on promoting things that make human life better and encourage people to always engage in actions that aim to improve the general well-being of the community. Deontology focuses more on the motive of action as opposed to the outcome of the same action while utilitarianism focuses on the outcome of an action and not on the motive or the means by which the result occurred. The two theories differ sharply in their definition of morality on the ground that one focuses on the outcome whereas the other one focuses on the process (Mills 45). Importantly, deontologists care much about the rules and regulations of morality as opposed to the purpose of the same morality. Overall, utilitarianism and deontology serve to promote the general well-being of the society only that they differ in their application. Noteworthy, utilitarianism focuses on the person while deontology focuses on the action. In the former, the person ought to live within the provisions of the rules and violating them for whatever reason has no justification. They also believe that human actions have motives and the motives ought to form the basis for judging an action as right or wrong. Utilitarianism also focuses on rules and regulations while deontology focuses on the stability of the society. In light of the above, utilitarianism believes in systems and institutions and not the people. Proponents of the theory place trust on established institutions as opposed to placing it on people themselves. They also believe that human beings cannot be trusted with decisions on various matters which explains the much focus on judging an action by motive as opposed to the outcome. Deontologists, on the other hand, put trust on people which explains why they judge an action as right or wrong on account of their outcomes. Importantly, deontologists focus on the larger society and anything that brings happiness on the society that cannot be objected. Deontologists believe the greatest objective of life entails creating happiness and pleasure to the people and not to down them with rules (Mills 123). The theory believes in giving people freedom of choice. The proponents believe t hat human beings ought to be given free will to decide on the actions they want to partake. They also indicate that freedom involves allowing individuals to do the things they want to do and only judge them by their outcomes. Deontology discourages the use of moral rules in controlling peoples behavior. They advocate for freedom of choice and the outcome of consequences. The theory strongly believes that human beings engage in actions that result in the common good of the society if given the freedom to choose what they want to do without imposing moral rules in them. Utilitarianism, on the other hand, believes that human beings are inherently evil incapable of doing good on their own which means rules stand as essential in the society (Mills 142). They believe that rules motivate or act as stimulants for individuals to do good things. Whereas the two theories have notable differences, they also share similarities. For instance, both theories focus on human beings behavior. Behavior forms the basis for the two theories as they believe that society can live in happiness and exercise equality if human beings commit to doing the right thing. Both of them believe that when people do the right thing, then society will achieve general happiness where everyone will find pleasure in life. In the same light, both theories believe that human actions form the basis of morality (Mills 129). The two theories categorize human action into two categories: right or wrong. The two categories also form the foundations for moral judgment as those who do the things th at the society considers good pass as good people whereas those who do the wrong thing pass as bad people. According to Utilitarianism morality provides a means to an end but must never be mistaken for the end itself. Human beings live in a world with rules and regulations made by people who believed that social order could only exist when rules and regulations bar people from engaging in actions that harm others. The society leans towards deontological ideas in that authorities all over the world have rules and regulations that govern the activities of citizens in their respective jurisdictions (Mills 112). Violating those rules attract punishment which explains the presence of the judiciary and the correctional facilities. Importantly, both Utilitarianism and deontological theories agree that human happiness and pleasure stand as the end reward for good actions. Everyone in society strives to bring joy to oneself and others, but at times some people find themselves doing the wrong thing even as they strive to deliver happiness. Deontology holds that such a person should never be judged as bad on such an account. Importantly, both ethical theories demonstrate rigidity in their principles meaning they cannot accommodate changes in the society. The society remains a very dynamic institution requiring that rules and regulations change to accommodate the emergent issues thus making the application of the two theories almost impossible. Freedom entails living free from rules that govern and determine rights from wrongs and bad people from good people. Works Cited Burnor, Richard, and Yvonne Raley. Ethical Choices: An Introduction to Moral Philosophy with Cases. Oxford University Press, 2017. Kant, Immanuel. F OR KANT, ETHICS can be defined as the system of the ends of the pure practical reason. The two parts of moral philosophy are distinguished as treating respectively of ends and of duties of constraint. Kant holds that since humans are free (moral) beings, duty is self-constraint. It is because of this that it is possible to combine con-straint with the freedom of the elective will. Journey Into Philosophy: An Introduction with Classic and Contemporary Readings (2016): 432. Mill, John Stuart. Utilitarianism. Seven Masterpieces of Philosophy. Routledge, 2016. 337-383.

The Merchant of Venice Is Shylock a Villain or a Victim...

In this essay I will try to discover is Shylock a villain or a victim, in the William Shakespeare play â€Å"The Merchant of Venice† It is difficult to say if Shylock is a complete villain or a victim, as his character is complex and ambiguous. However, it is difficult to view Shylock as anything other than a devious, bloodthirsty and heartless villain in the majority of the play. There are a few points in the story where he can be viewed as victimised, as most Jews were at that time, but Shakespeare has purposely portrayed Shylock as a stereotypical Jew, greedy, and obsessed with money. Shylock has been written to be very inflated and exaggerated. Even when Shylock makes his first appearance in the play, his first words are â€Å"Three thousand†¦show more content†¦Although Shylock is hurt by the theft of his turquoise ring by Jessica, given to him by an old love (Leah), such shows of human feeling or emotion are under numerous, and he seems more concerned with his material wealth, than his own offspring. It was probably this attitude that frustrated his daughter and made her determined to escape him. E ven his own servant Lancelot describes him as, The Jew is the very devil incarnation, Shylock certainly is victimised by the Christians, Antonio spat in his face, Solerio and Solanio constantly mock him, for his religion and misfortunes. As the dog Jew did utter in the street: My daughter! O my ducats! O my daughter! Act 2, Scene 8. However, it is hard to say if the characters treated all Jews like Shylock , as he is only one of two Jews in the story (The other Jew, Tubal, only has dialogue with Shylock) and perhaps Shylocks victimisation is due to his own behaviour, and his religion only used against him as a tool for attack. â€Å"The Jew,† Shylock, as he is referred to throughout the play, does make some good points, and shows his discontent at the treatment of his people, in what is probably the best and most well-known part of The Merchant of Venice, Act 3, Scene 1: â€Å"He hath disgraced me (Antonio), and hindered me half a million, laughed at my losses, mocked at my gains, scorned my nation, thwarted my bargains, cooled my friends, heated mine enemies – and what’s his reason? I am a Jew.† ShylockShow MoreRelatedThe Character of Shylock as a Victim or Villain in The Merchant of Venice1527 Words   |  7 PagesThe Character of Shylock as a Victim or Villain in The Merchant of Venice Do you consider the character of shylock to be a victim or villain in the play The Merchant of Venice? Shylock is one of the most interesting, memorable and debated characters in the play â€Å"The Merchant of Venice†. In many ways this is because he is both a victim and a villain. Shylock was made a laughing stock of and is ridiculed by the Christians because he was Jewish. The Jewish communityRead MoreEssay The Merchant of Venice Shylock Villain or Victim777 Words   |  4 PagesShylock, Villain or victim? The Merchant of Venice June 8th, 2011 In the play The Merchant of Venice Shylock is supposed to be the protagonist, the definition of protagonist is; the leading character or a major character in a drama, movie, novel, or other fictional text. 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Capital Budget Capital Structure Decisions -Myassignmenthelp.Com

Question: Discuss About The Capital Budget Capital Structure Decisions? Answer: Introduction: In the present case the firm Antena 3 Televisin is considering an opportunity in a new studio by replacing the old one. For the purpose of setting up a new studio, the firm will have to invest in some of the fixed assets. It is to be evaluated whether to invest in new studio by replacing the old one or not. The capital budgeting technique named as Net Present Value will be applied here to reach at the appropriate decision. Analysis of the case: The cost of each of such fixed will have to be adjusted for the depreciation every year and the firm will be entitled to the tax savings on such depreciation. However, land is an asset on which deprecation is not charged. Also, depreciation is a non-cash expense and hence it will be deducted from the cash inflows of the year only for the purpose of availing tax benefits and afterwards it will be added back to the respective cash flows to find the present value of cash flows (Drake, 2006). The discounting rate used to determine the present values of the cash flows will be calculated on the weighted average cost of capital. WACC represents the blend of companys capital and debt structure on the basis of their individual proportions. To calculate Cost of equity, the capital asset pricing model will be applied and the cost of debt, for the purpose of WACC calculation, will be taken as after tax cost of debt. The tax benefit will not be received on capital investments such as acquisition of various assets. Effect of inflation is not to be given on depreciation as depreciation is a non-cash item (Graham Harvey, 2002). Capital loss will arise at the end of last year i.e. 11th year at the time of sale of new studio because the written down value of the total assets is less than the amount realised on sale of the entire unit. Tax savings will be available on such capital loss. In case of working capital investment, the recovery of 50% of amount of working capital will be made and it will be given impact of inflation @ 3% and the capital gain on sale of old studio will also be taxed at the end of year 1. Decision on the basis of Net present value: In part the net present value of the free cash flows from the new studio is positive hence it will be profitable to invest in this proposal (Refer excel sheet) In this part working capital investment is required to be made and hence it is giving negative net present value, therefore in such case capital investment must not be made as it will not be profitable (Refer excel sheet). Conclusion: Therefore, it can be said that the firm must not go for additional working capital if it is considering to invest in the new studio. References: Drake, P.P., Capital budgeting techniques.Online (datum posledn revize: 29.6. 2006): www. fau. edu/~ ppeter/fin3403/module6/capbudtech. pdf. Graham, J. and Harvey, C., 2002. How do CFOs make capital budgeting and capital structure decisions?.Journal of applied corporate finance,15(1), pp.8-23.

Legal and Ethical Basis for Confidentiality of Health Information Essay Example

Legal and Ethical Basis for Confidentiality of Health Information Paper If a motion to quash has been filed, which of the following is most likely to be true? A. The patient has signed an authorization for release. B. Medical records have been subpoenaed. C. A malpractice suit has been filed. D. A breach of confidentiality has occurred. 2. If a case involves private law, which of the following is most likely to be the subject matter of the case? A. Tort B. Substantive criminal C. Criminal procedure D. Constitutional law 27 925 Oak Street Scranton, Pennsylvania 18515-0001 Lesson 1 Health Information and Litigation When you feel confident that you have mastered the material in Lesson 1, complete the following examination. Then submit only your answers to the school for grading, using one of the examination answer options described in your â€Å"Test Materials† envelope. Send your answers for this examination as soon as you complete it. Do not wait until another examination is ready. Questions 1–20: Select the one best answer to each question. EXAMINATION NUMBER: 40982100 Whichever method you use in submitting your exam answers to the school, you must use the number above. For the quickest test results, go to ttp://www. takeexamsonline. com Examination 3. If the result in a case is that the defendant has to go to jail for a year, which of the following is most likely true? A. It was a malpractice case. C. It was a misdemeanor case. B. It was a contract case. D. It was a felony case. 4. Bob says that his claim is based on the fundamental law of the nation. Most likely, Bob is relyin g upon what source of law? A. Constitution C. Regulation B. Statute D. Common law 5. Carl files suit in federal court. Which of the following would be sufficient to give that court subject matter jurisdiction? We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you FOR ONLY $16.38 $13.9/page Hire Writer A. The claim involves more than $75,000. B. The claim involves more than $25,000. C. Carl and the defendant reside in the same federal district. D. The claim involves a federal statute. 6. Default judgment is entered in favor of Carl. Which of the following must necessarily be true A. The defendant’s position was weak. B. Carl’s case was strong. C. The court determined that the defendant was at fault. D. The defendant failed to file an answer within the required time. 7. Judgment has been entered against Sally in the Eastern District Court of Kentucky. Which of the following necessarily must be true for the judgment to be valid against her personally? A. She was a resident of Kentucky. B. The court had subject matter jurisdiction and she was a resident of Kentucky. C. The court had personal jurisdiction over Sally and subject matter jurisdiction. D. Sally resides in the Eastern District of Kentucky. 8. Martha the medical assistant is legally compelled to give testimony in a under oath in a malpractice lawsuit. Which of the following is necessarily true? A. Her immediate supervisor insisted that she do so. B. She received a subpoena duces tecum. C. She received a subpoena ad testificandum. D. She is the key witness in the case. 28 Examination, Lesson 1 9. Martha the medical assistant testifies in the malpractice case that the defendant, Dr. Jones, admitted he had committed malpractice on Mrs. Smith. This testimony likely would be excluded on what grounds? A. Physician-patient privilege C. Irrelevance B. Hearsay D. Martha not being a physician 10. If a party wants to avoid the time and expense of proving matters that aren’t really in dispute, which discovery tool would best achieve that end? A. Interrogatories C. Request to produce documents B. Depositions D. Requests for admissions 11. Which of the following is true regarding jury trials? A. The judge has no role. B. Parties may request a jury trial for any type of case. C. The judge and jury both have a role. D. The jury decides whether evidence should be admitted. 12. Which discovery tool would be especially appropriate to use against a plaintiff claiming physical injuries that the defendant believes are being faked? A. Request for physical examination C. Request for admission B. Deposition D. Interrogatories 13. Which of the following is characteristic of mediation? A. The court controls. B. The parties remain in control. C. A decision is imposed. D. The mediator decides who is right. 14. Bob obtains a judgment against Ned and knows Ned earns a good salary at Widget, Inc. Bob should A. ask the court to order Widget, Inc. to fire Ned if he doesn’t pay. B. obtain an order of garnishment. C. obtain a writ of execution. D. serve Ned with a request to admit he owes the judgment. 15. A pretrial conference most likely would occur A. before the complaint is filed. B. during an appeal. C. before discovery begins but after the complaint is filed. D. after discovery. Examination, Lesson 1 29 16. If a show cause order is issued, which of the following is most likely the case? A. Someone failed to respond to a subpoena. B. The plaintiff’s case is weak. C. The complaint failed to show a cause of action. D. A party tried to obtain records without a subpoena. 17. An order setting a trial date is more likely to be entered A. when the complaint is filed. C. at a deposition. B. at a pretrial conference. D. at a show cause hearing. 18. If a health information manager discloses health-care information otherwise prohibited by statute or regulation, the health-care provider could be liable for breach of confidentiality Unless A. it was pursuant to a subpoena. B. the health-care provider consented to the release. C. the health-care provider wasn’t told about the release by the health information manager. D. it was pursuant to a valid court order. 19. Hannah, a health-care information manager, receives a subpoena the legality of which she questions. She should A. ignore it. B. seek advice of counsel. C. comply with it unless the patient takes action to stop her. D. make her best guess about whether or not it’s legal and either comply or ignore it. 20. Which one of the following is true? A. All subpoenas are valid to authorize release of medical records. B. All patient authorizations to release medical records are sufficient to authorize release. C. Some jurisdictions require both a subpoena and a release from the patient to authorize release of records. D. All jurisdictions require both a subpoena and a release from the patient to authorize release of records. Legal and Ethical Basis for Confidentiality of Health Information Essay Example Legal and Ethical Basis for Confidentiality of Health Information Essay If a motion to quash has been filed, which of the following is most likely to be true? A. The patient has signed an authorization for release. B. Medical records have been subpoenaed. C. A malpractice suit has been filed. D. A breach of confidentiality has occurred. 2. If a case involves private law, which of the following is most likely to be the subject matter of the case? A. Tort B. Substantive criminal C. Criminal procedure D. Constitutional law 27 925 Oak Street Scranton, Pennsylvania 18515-0001 Lesson 1 Health Information and Litigation When you feel confident that you have mastered the material in Lesson 1, complete the following examination. Then submit only your answers to the school for grading, using one of the examination answer options described in your â€Å"Test Materials† envelope. Send your answers for this examination as soon as you complete it. Do not wait until another examination is ready. Questions 1–20: Select the one best answer to each question. EXAMINATION NUMBER: 40982100 Whichever method you use in submitting your exam answers to the school, you must use the number above. For the quickest test results, go to ttp://www. takeexamsonline. com Examination 3. If the result in a case is that the defendant has to go to jail for a year, which of the following is most likely true? A. It was a malpractice case. C. It was a misdemeanor case. B. It was a contract case. D. It was a felony case. 4. Bob says that his claim is based on the fundamental law of the nation. Most likely, Bob is relyin g upon what source of law? A. Constitution C. Regulation B. Statute D. Common law 5. Carl files suit in federal court. Which of the following would be sufficient to give that court subject matter jurisdiction? We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Legal and Ethical Basis for Confidentiality of Health Information specifically for you FOR ONLY $16.38 $13.9/page Hire Writer A. The claim involves more than $75,000. B. The claim involves more than $25,000. C. Carl and the defendant reside in the same federal district. D. The claim involves a federal statute. 6. Default judgment is entered in favor of Carl. Which of the following must necessarily be true A. The defendant’s position was weak. B. Carl’s case was strong. C. The court determined that the defendant was at fault. D. The defendant failed to file an answer within the required time. 7. Judgment has been entered against Sally in the Eastern District Court of Kentucky. Which of the following necessarily must be true for the judgment to be valid against her personally? A. She was a resident of Kentucky. B. The court had subject matter jurisdiction and she was a resident of Kentucky. C. The court had personal jurisdiction over Sally and subject matter jurisdiction. D. Sally resides in the Eastern District of Kentucky. 8. Martha the medical assistant is legally compelled to give testimony in a under oath in a malpractice lawsuit. Which of the following is necessarily true? A. Her immediate supervisor insisted that she do so. B. She received a subpoena duces tecum. C. She received a subpoena ad testificandum. D. She is the key witness in the case. 28 Examination, Lesson 1 9. Martha the medical assistant testifies in the malpractice case that the defendant, Dr. Jones, admitted he had committed malpractice on Mrs. Smith. This testimony likely would be excluded on what grounds? A. Physician-patient privilege C. Irrelevance B. Hearsay D. Martha not being a physician 10. If a party wants to avoid the time and expense of proving matters that aren’t really in dispute, which discovery tool would best achieve that end? A. Interrogatories C. Request to produce documents B. Depositions D. Requests for admissions 11. Which of the following is true regarding jury trials? A. The judge has no role. B. Parties may request a jury trial for any type of case. C. The judge and jury both have a role. D. The jury decides whether evidence should be admitted. 12. Which discovery tool would be especially appropriate to use against a plaintiff claiming physical injuries that the defendant believes are being faked? A. Request for physical examination C. Request for admission B. Deposition D. Interrogatories 13. Which of the following is characteristic of mediation? A. The court controls. B. The parties remain in control. C. A decision is imposed. D. The mediator decides who is right. 14. Bob obtains a judgment against Ned and knows Ned earns a good salary at Widget, Inc. Bob should A. ask the court to order Widget, Inc. to fire Ned if he doesn’t pay. B. obtain an order of garnishment. C. obtain a writ of execution. D. serve Ned with a request to admit he owes the judgment. 15. A pretrial conference most likely would occur A. before the complaint is filed. B. during an appeal. C. before discovery begins but after the complaint is filed. D. after discovery. Examination, Lesson 1 29 16. If a show cause order is issued, which of the following is most likely the case? A. Someone failed to respond to a subpoena. B. The plaintiff’s case is weak. C. The complaint failed to show a cause of action. D. A party tried to obtain records without a subpoena. 17. An order setting a trial date is more likely to be entered A. when the complaint is filed. C. at a deposition. B. at a pretrial conference. D. at a show cause hearing. 18. If a health information manager discloses health-care information otherwise prohibited by statute or regulation, the health-care provider could be liable for breach of confidentiality Unless A. it was pursuant to a subpoena. B. the health-care provider consented to the release. C. the health-care provider wasn’t told about the release by the health information manager. D. it was pursuant to a valid court order. 19. Hannah, a health-care information manager, receives a subpoena the legality of which she questions. She should A. ignore it. B. seek advice of counsel. C. comply with it unless the patient takes action to stop her. D. make her best guess about whether or not it’s legal and either comply or ignore it. 20. Which one of the following is true? A. All subpoenas are valid to authorize release of medical records. B. All patient authorizations to release medical records are sufficient to authorize release. C. Some jurisdictions require both a subpoena and a release from the patient to authorize release of records. D. All jurisdictions require both a subpoena and a release from the patient to authorize release of records.

Argenntine american culture essays

Argenntine american culture essays I grew up between Argentine and American culture. I lived ten years of my childhood life in Argentina, and now as an adult I am living in the United States. So I have many things to say about these two cultures, but I will only talk about what I know most about Argentine vs. American culture. According to what I saw there is a relationship between families and friends that both Argentines and Americans have. When I first came to U.S, I really hated it here. American culture was so different than Argentinas culture, when it comes to relationship between people. And Americans are less friendly with other people and more selfish compared to Argentines. In Argentina, families and friends are very close to each other. Every Sunday at noon, there is always a BBQ in someones house to for families and friends. Weekdays are so busy working that people in there always find some time to meet their families and friends on weekends. Also they live so close to each other, so they can be together and see each other any time they want. Also Argentine are very gentlemen, they always let ladies first, and they are very kind. When a close friend needs help they are always together, helping each other in whatever he or she needs. Americans are more selfish; maybe they do not know that. But I think they should try to change step by step to learn to do in in-group and have more connection with other people. It is sad that there is no closeness between a family member who lives in N.Y. and another who lives in L.A. or even though they are living in the same neighborhood they do not see each other very often. It is sad that only twice a year there is a family reunion, one in Thanksgiving and one in Christmas. Another thing that really caught my attention is, that American men are kind of rude, because they do not act like a gentleman suppose to do. When I first came in the U.S. I did not have a car, so I had to take ...

The Risk Management Process and its Interactions with the Project lifecycle essay

The Risk Management Process and its Interactions with the Project lifecycle essay The Risk Management Process and its Interactions with the Project lifecycle essay The Risk Management Process and its Interactions with the Project lifecycle essayThe risk management process is the pivotal element of the project lifecycle because the successful implementation of the project and completion of its lifecycle depend on the accuracy and effectiveness of the risk management. In the contemporary business environment, it is virtually impossible to foresee all risks and threats that may affect projects, but the accurate analysis and assessment of existing risks and the elaboration of the risk management plan can help to prevent them or, at least, minimize the major risks, which the project may confront at any stage of its lifecycle (Chari, 2007). The risk management process should develop within the framework of the project lifecycle focusing on specific challenges that emerge at the specific stage of the project lifecycle. On the other hand, the risk management should also elaborate the holistic approach to the project lifecycle, risk assessment and preve ntion. Therefore, the risk management process should focus not only on every stage of the project lifecycle but also assess the project as a whole and elaborate the risk mitigation plan to prevent or, at least, minimize risks and threats the project may confront in the course of its lifecycle and, thus, minimize negative effects of risks and threats that may emerge.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Project lifecycle  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The project lifecycle consists of four phases, including initiation, planning, implementation and evaluation. Each stage is equally important for the overall success of the project. Therefore risks associated with the implementation of every stage of the project lifecycle are dangerous and may threaten to the successful implementation of the project. The project team should analyze every stage of the project lifecycle to understand, identify and evaluate all possible risks, which the project may confront.  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The initiation stage involves the elaboration of goals and essence of the project. As a rule, strategic goals are set and the vision of the project emerges. Risks emerging at this stage can affect the further development and implementation of the project. The initiation stage is the primary stage of the project lifecycle that gives the start to the project. Therefore, the initiation stage determines the trajectory of the development and implementation of the project and, thus, determines the overall success of the project lifecycle.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The planning stage is pivotal because it lays the foundation to the practical implementation of the project because the project team implements the project on the ground of the project plan. In this regard, researchers (Lucas Baroudi, 2002) recommend developing alternatives to the main project plan. Alternative plans help to choose different ways of the project implementation d epending on risks that affect the project and changes in the course of the implementation of the project both internal and external.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The implementation stage involves the implementation of the plan, which though is not always implemented succinctly because often changes to the plan are necessary to complete the project successfully. In this regard, researchers (Ponzi Koenig, 2002) recommend to accompany the implementation stage with the permanent monitoring and control over the implementation of the project plan to identify flaws of the plan and introduce changes to complete the project successfully and transit to the final stage of the project lifecycle – evaluation.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The evaluation stage is the last but not the least stage of the project lifecycle. The accuracy of the evaluation of the project determines the effectiveness of lessons learned by the project team from the project. Moreover, the adequate evaluation of the project helps organisations to take a decision on the further maintenance or completion of the project as well as to assess the overall effectiveness of the project and its impact on the organisational performance.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Risk analysis and assessment  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The identification of the risk is the first and major step to the effective risk management and risk mitigation to prevent its negative impact on the project lifecycle. The identification of risks involves the analysis of each stage of the lifecycle of the project, identification of key stakeholders and analysis of possible risks that may emerge along with the preliminary assessment of possible effects, if those risks do occur.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Researchers (Finley, 2007) distinguish the following potential risks, which the project lifecycle may face, including: technical, costs, schedule, client, co ntractual, natural, financial, political, environmental, people. At the same time, the project team should be aware of the fact that each project is, to a certain extent, unique and, therefore, risks may vary depending on the project. The list of potential risks may be shorter or longer but the point is to identify risks succinctly and allocate resources properly. The proper allocation of resources means that the project team identifies risks and determines their probability and allocates resources required for the mitigation of those risks and elimination of their negative effects. Resources required for the risk management may vary but, as a rule, they include human resources, financial resources, equipment and other resources that may be required to manage risks effectively. In such a way, the risk assessment and analysis involve the identification of key risks and the probability of their occurrence.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In addition, risks analysis and ass essment involves the study of the impact of specific risks on the project lifecycle, which may vary from low to high impact.   The project team should forecast the possible impact of every particular risk that may emerge in the course of the project. The analysis of the impact of specific risks helps the project team to allocate required resources and develop possible alternatives to mitigate risks and minimize their negative effects on the project. Risks may vary in terms of their impact on the project from low to high but the probability of their occurrence varies too.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Therefore, it is possible to roughly group risks into four main categories: risks that have the low impact and are unlikely to occur; risks that have the low impact but are likely to occur; risks that have the high impact but are not likely to occur; and risks that have the high impact and are likely to occur (Schein, 2009). The latter are the most dangerous risks, which the project management team should come prepared to and be ready to confront at any stage of the project lifecycle. Nevertheless, the project team should not underestimate minor risks too. In fact, low risks may have a considerable impact on the project lifecycle, if they remain unaddressed by the project team. Such risks will steadily undermine the implementation of the project that may lead to its failure. In addition, different risks may have a different impact on different stages of the project lifecycle (Seitanidi, 2008). For example, risks that may emerge at the planning stage may cause the failure of the project at the implementation stage, if they remain unaddressed at the planning stage. Similarly, risks that emerge at the initiation stage may lead to the failure of the project at the planning stage. In such a way, risks should not only be identified, analyzed and assessed properly, but also the project team should respond immediately to any risk that is identified in the course of the project lifecycle.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Risk mitigation to the project lifecycle  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Researchers (Peters, 2002) distinguish different risk mitigation strategies that help to identify risks and respond to them effectively. At the same time, risk mitigation strategies include: risk avoidance, risk sharing, risk reduction, and risk transfer (Wisner, et al., 2004). Each strategy is applied depending on the nature of the risk and its impact on the project lifecycle or particular stage of the project lifecycle.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The risk avoidance implies the careful risk management strategy, when the project team attempts to minimize all the risks by elaborating the most secure project management strategy. However, even though this strategy seems to be very efficient because it leads to the avoidance of risks, but, in actuality, such strategy makes the implementation of the project extr emely challenging. Researchers (Royse, Thyer, Padgett, Logan, 2006) insist that the risk avoidance may lead to the refusal of the project team from daring and potentially highly beneficial projects because of certain risks associated with their implementation and the focus on mediocre projects that are safer, but also they are less profitable compared to more daring ones.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The risk sharing is quite challenging strategy because it admits the occurrence of certain risks but the team management does not try to avoid it but confronts those risks and shares the responsibility and mitigation of risks between different stakeholders or project team members. For example, a project may involve the risk of increase of its costs that will raise the burden of additional funding of the project. While using the risk sharing strategy, the project management team members can invest equal shares to cover extra expenses required for the successful accomplish ment of the project.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The risk reduction is an efficient strategy, which involves the reduction of risks by means of the preparedness of the project team for their emergence (Schmitt Simonson, 2007). As the project team comes prepared to risks, the team can allocate resources and develop effective strategy to reduce the negative impact of risks on the project lifecycle. As a result, the risk reduction strategy helps to reduce negative effects of risks on the project lifecycle.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As for the risk transfer strategy, this strategy is also quite effective because it involves the transfer of risks from the most vulnerable stakeholder or part of the project to the least one (Viardot, 2011). For example, a company working on the construction project can use the subcontractor, who is more experienced and prepared to the risk mitigation, to complete certain stage of the construction. As a result, if the risk occurs, the subcontractor will deal with the risk management. Such risk transfer is effective because the subcontractor will be more efficient in the risk management compared to the company working on the construction project due to more extensive experience and better preparedness to such risks.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The risk mitigation should remain intact during the entire project lifecycle. In such a way, the project management team will always come prepared to risks and prevent them from occurrence or manage them effectively, if they occur. The risk mitigation should also focus on the project lifecycle as the whole to tackle risks that may be not identified at specific stages of the project lifecycle.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Contingency planContingency plan can secure risks and prevent the overall failure of the project lifecycle. The project plan should always involve alternatives or, at least one alternative, which can come into acti on, when either risk starts undermining the project and threatening to the project lifecycle. In addition, project managers should also plan contingency funds, which are funds set aside and used, in case of risks start interfering into the implementation of the project and affecting negatively the project lifecycle. The contingency plan contributes to the overall helps to back-up the risk management initial plan and minimize the negative impact of risks on the project lifecycle.Correlation between the project lifecycle and risk management processEach stage of the lifecycle should have all possible risks to be identified and measured in terms of their impact on the particular stage of the project lifecycle. Second, the risk mitigation plan for each stage of the project lifecycle should be elaborated and implemented respectively to the implementation of the project and progress of its lifecycle. Third, the contingency plan should be developed for each stage of the project lifecycle to ensure that the project management team will come prepared to confront risks and introduce reserves and extra funding and other resources to deal with risks, if the prepared risk mitigation plan fails. Finally, the project management team should elaborate the general risk mitigation plan along with the contingency plan that will help to plan the risk management for the entire project lifecycle.ConclusionThus, the project plan should be a flexible plan to maintain the project lifecycle successfully and mitigate risks emerging in the course of the implementation of the project at any stage of its lifecycle. The identification, assessment and analysis of risks help the project team to elaborate the risk mitigation plan. The risk mitigation plan, in its turn, helps to decrease the negative impact of risks on the project lifecycle and facilitates the successful accomplishment of the project. In addition, the risk management process should also include the contingency plan that will help the project team to accumulate resources and develop alternative plans to deal with emerging risks.

Business Plan - Strategic Phase Marketing Assignment

Business Plan - Strategic Phase Marketing - Assignment Example The IT consulting firms deal with so many products in different fields from professional services to security firms. The Morab consulting firm is meant to deal with staffing. The staffing industry needs to be up to date with the current technology in order to stay ahead of the complex industry, where good quality and high production is the basis of selling your product or service (Seaby, 2010). The major categories of the products are: The company will focus mainly on linking businesses with experts or qualified technologists for short periods of time for firms that are in urgent need of technologists due to unavoidable circumstances like employee absenteeism due to sickness or other reasons. In other cases where companies need skills and it is a temporary fix, so they need experts to deal with the situation. The software needed for making the staffing possible is based on the hosting the software. In hosting the software, there are two options, either use direct calls to gain access to the software from where it was developed or purchase it since it has limited negotiation deals. In due time be able to develop the software internally (Marks, 2013). Akken cloud is a low rate software engineering company that sells recruiting and staffing software. The delivery policy is based on the type of use and in our case it is going to be self-hosted which means that the software company is going to install the software in our company systems and in return they are going to charge 15% more from the initial buying price. If there are going to be hardware costs the company will decide on the ground on the way forward. The profit margins for the advisory sector is going to be close to 5% in the first month due to the fact the fact that the input in the first month is more and there is a limited number of clients. In the outsourcing department where we are