Judgement Essays (Examples)

The true source of drama, then, is in the accounts of the genuine events, or fictionalized versions of true events.

The Nuremberg war crime trials presented many thorny jurisprudential issues, such as the problem of ex post facto criminal law and the issue of how the court obtained jurisdiction over the defendants. In particular, what justification is there for an international (rather than a German) tribunal to try a case in which the offenses were committed by Germans against other Germans?

The trial of the Nazi judges presented additional dilemmas. What of Rolfe's argument that Janning remained on the bench in order to make the system of justice more merciful than it otherwise would have been? Certainly if Janning had resigned he would have been replaced by a more brutal official. Should this be a defense against charges that in some cases Janning had acted in a brutal and lawless…

Bibliography

Crowther, Bosley. "The Screen: 'Judgment at Nuremberg': Palace Shows Stanley Kramer Production." New York Times. 20 December 1961. 24 July 2005  http://movies2.nytimes.com/mem/movies/review.html?title1=&title2=Judgment%20at%20Nuremberg%20%28Movie%29&reviewer=BOSLEY%20CROWTHER&v_id=63796&partner=Rotten%20Tomatoes&oref=login .

Judgment at Nuremberg. Dir. Stanley Kramer. Perf. Spencer Tracy, Burt Lancaster, Richard Widmark, Marlene Dietrich, Maximilian Schell, Judy Garland, Montgomery Clift, Werner Klemperer and William Shatner. United Artists., 1961.

Muller, Ingo. Hitler's Justice: The Courts of the Third Reich. Cambridge: Harvard University Press, 1991.

Nuernberg Military Tribunal, Volume III, Page 1156. 24 July 2005  http://www.mazal.org/archive/nmt/03/NMT03-T1156.htm .

Or if a robbery occurred and among the suspects was a black person, what is the likelihood of people accusing him of the offence. Very high, we would say. This is because of availability and stereotypical connection between people of minorities and crime. In this heuristic again, five kinds of errors or biases can emerge:

1. Some errors are purely theoretical in nature. The two events may not be as related to each other as were initially assumed. For example all Muslims with beard are not fanatic or extremists but there is a likelihood that these two would go together in a person's mind.

2. People with show insensitivity to previous results. They may fail to take into account prior probability outcomes and instead rely on their own judgment based on representative-ness.

3. No attention to the size of the group examined. In other words, people tend to foget about…

Judgment in Managerial Decision Making:

Availability, representativeness, and affect heuristics

The availability heuristic can best be summed up 'if it is not worth being remembered, it is not important.' In short, if a problem is available (i.e., preoccupying the manager) it is assumed to be more important than one which is not. Sometimes dealing with immediate problems are necessary, such as when managing a crisis or during an organization's busy season. However, it can also lead to a 'seat of the pants' managerial style in which the manager is always putting out fires rather than anticipating problems before they occur. On one hand, emphasizing recent information can be valuable and prevent a manager from remaining stymied in old behavior patterns. On the other hand, it can mean a lack of historical context for the data of which one is using to make a judgment. A manager of an ice cream…

References

Availability heuristic. (2014). Changing Minds. Retrieved from:

 http://changingminds.org/explanations/theories/availability_heuristic.htm 

Giesler, H. (2013). Affect heuristic. Being Human. Retrieved from:

 http://www.beinghuman.org/article/affect-heuristic

Secondly, the manager should consider calculating an expected value for every concluded branch, then each probable node and every decision node as a simple means of identifying expected values for each decision alternative. While the expected value is equal to the payoff, it is also the product of its probability and payoff.

Due to its results, the expected value rule is regarded as the most reliable way of judgment in managerial decision making because of its reliability in maximizing anticipated profit. However, the ability of a manager to reach actual decisions and maximize profit through this tool is based on his/her willingness to accept risk. The expected value rule is reliable because it enables managers to have different attitudes towards risk-taking in the process of making decisions. The different attitudes in turn enable managers to make risky decisions in ways that maximizes expected utility of the valuable or profitable outcomes.…

References:

Olivas, R. (2007). 3.4. Expected Value. Retrieved April 10, 2014, from http://www.stylusandslate.com/decision_trees/3_0_basic_concepts/3_4_expected_value/3_4_expected_value.html

Thomas, C.R. & Maurice, S.C. (2008). Decisions Under Risk and Uncertainty. In Managerial

Economics (9th ed., Chapter 15). Retrieved from  http://highered.mcgraw-hill.com/sites/0073402818/student_view0/chapter15/

A year later, Soviet's premier in collaboration with Cuba installed nuclear missiles on the Cuban island, a few miles from the U.S. This decision triggered the Missile Crisis in Cuba and many global leaders feared the possibility of a nuclear war (Blight & Kornbluh, 2007).

Focalism / focusing illusion played a part in this failure

As evidenced above, Kennedy's reign offers potent examples of the psychological theory about flawed focusing illusion (group decision-making). Because the group culture overruled the internal agreement, members became unrealistic. In this case, the products of focusing illusions played a part in the failure of the invasion. President Kennedy's poor decision-making practices led to insufficient solutions to the issues of the invasion. Because the president and his advisors limited their discussions to few alternative courses of action, they disregarded further consideration of alternatives, which could have been worthy to the course. The team ignored all viable…

References

Blight, J.G., & Kornbluh, P. (2007). Politics of illusion: The Bay of Pigs invasion reexamined. Boulder, Colo: Lynne Rienner Pub.

Craughwell, T.J., & Phelps, M.W. (2008). Failures of the presidents: From the Whiskey Rebellion and War of 1812 to the Bay of Pigs and war in Iraq. Beverly, MA: Fair Winds Press.

Higgins, T. (2009). The perfect failure: Kennedy, Eisenhower, and the CIA at the Bay of Pigs. New York: Norton

Some of that came from the sunk costs, but much of it also came from the escalation of commitment between the countries, as well (Beniada, 2006). In other words, if there are two entities working on a project and one of them says it will not back down and will finish the project, the other entity will often do the same to save face and to keep its commitment. That is an important way that companies and individuals continue with the commitments they have made to one another, but it can also be problematic when it leads to an overzealous belief that a project must be completed no matter what, and that both entities working on the project have to focus their entire beings on the project at hand. The Concorde was very expensive, took longer to build than expected, and cost both Britain and France much more than the…

References

Beniada, F. (2006). Concorde. Minneapolis, MN: Zenith Press.

These sorts of attitudes guided these people to show poor judgment and to simply expect the plant to bend to their needs. This showed a poor understanding of reality on their part. That the council attempted to deny the permit to the plant without having legal grounds shows that these decision makers had poor judgment. They did not take the time to properly learn about the situation, to learn about their legal position or to understand that is it their role as newcomers to fit into the existing community as opposed to the other way around.

Good judgment comes from proper understanding of history and one's legal position. To achieve the best results from good judgment, people must avoid placing themselves in awkward positions in the hopes that problems will simply resolve themselves later. Good judgment must be shown from the earliest decision, or the entire situation could be beyond…

Good judgment is something that comes from careful consideration of the issue and understanding all of the steps that have lead to the development of the particular dilemma faced. No situation arises without context. Consideration of that context provides a means for making better decisions. In Antigone, Creon's poor decision is backed by the chorus. The chorus, however, is not a worthy source of sound decision-making. It provides little in the way of perspective. This shows that good judgment comes from within, not from listening to the inevitable chorus of voices. The chorus is merely loud, not necessarily wise and is unlikely to bear the consequences of the decision, should it be made with poor judgment. Creon thus suffered because he failed to consider the entire context and did not tune out the chorus when it offered…

Intuition in Judgment and Decision-Making: Extensive Thinking Without Effort: A Summary

This paper looks at a strong argument made by Betsch and Glockner in the paper "Intuition in Judgment and Decision-Making: Extensive Thinking without Effort." Ultimately Betsch and Glockner argue that intuition is a mental process where complex streams of information can be processed without a huge cognitive effort (2010). The authors also argue that the intuitive process of the individual are how information can become integrated, whereas analytic information just guides the search, generation and swap of information (2010). Betsch and Glockner spend the bulk of the paper arguing in favor of this notion and demonstrating that the integration of information and the prioritization of information is something which can be engaged in without cognitive control and which is unfettered by the amount of encoded information or cognitive capacity (2010). The paper thus continues in talking about how these…

References

Betsch, T., & Glockner, A. (2010). Intuition in judgment and decision-making. Psychological Inquiry, 21, 279-294.

Sato, R. (2008, March 6). Intuition is not pseudoscience, say researchers. Retrieved from Dailygalaxy.com

Ayer on the Nature of Ethical Judgments

Ayer makes a truly original and remarkable statement about moral judgments and ethical judgments which some scholars have summarized as a phenomenon called emotivism. ithin this theory, there is the belief that moral judgments aren't necessarily truthful; they're an expression of sentiments of approval or disapproval (Ayer). Thus, according to this construct saying something like murder, stealing, lying or cheating is "wrong" merely expresses how the speaker feels about it. But to say that something is "wrong" because the speaker doesn't necessarily like something, doesn't mean that the action described is wrong. The only truth exhibited is in the sentiments of the speaker. As Ayer explains, "[I]f I say to someone 'You acted wrongly in stealing that money', I am not stating anything more than if I had simply said, 'You stole that money.' In adding that this action is wrong, I am…

Works Cited

Ayer, A.J. "The Emotive Theory of Ethics." Chapter 10 in Moral Philosophy: Selected Readings. 2nd ed.

Edited by George Sher. Fort Worth, TX: Harcourt-Brace, 1996, pp. 120-128.

Pollard, B. (2010). Subjectivity and Objectivity in Moral Judgements. Retrieved from ed.ac.uk:

http://homepages.ed.ac.uk/wpollard/objsubj.pdf

forming judgments, and the development of sound, persuasive arguments. Inquiry helps eliminate first impressions, preconceived notions and biases through a process of investigation of issues. The investigation itself could be either an inquiry into facts or an inquiry into opinions. Given the widespread availability of information, a key aspect to conducting inquiry is the ability to be realistic about how final the answers are likely to be. One good way to determine this is to evaluate when the evidence is sufficient to permit the making of a judgment with certainty or if the evidence gathered is enough to demonstrate that one view of the issue being investigated has the force of probability. Points that need to be borne in mind while forming judgments include the need to distinguish between: typical and atypical personal experiences; the person and the idea; what is said and how it is said; why…

Similarly, too, concluded Ms. Tutu, God has crated different 'flowers' in His garden. By assessing that all look alike, the individual is only criticizing God. God deliberate created a diverse world. He recognizes that each race has its own particular contribution to afford the world just as its individual, with his own particular talents and characteristics have too. The fact that different colors, cultures, mannerism, way of life, physical features, and so forth exist does not infer that we condemn and denigrate others who are different to us. On the contrary, we should recognize and applaud their differences and seek to learn form them. acism does exist, concluded Ms. Tutu. We have to acknowledge its existence and seek to address the problem.

Ms. Tutu's perspective corresponds to that of the essayist, but I still consider the essayist to be radically slanted in her perspective. Not all individuals do discriminate against…

References

Cook, S.W. (1978). Interpersonal and attitudinal outcomes in cooperating interracial groups. J. Res. Dev. Educ.12:97 -- 113

Daily Mail. (2 Feb, 2010). 'Taxi drivers accused of racism for displyign sign saying they are 'English speaking'  http://www.dailymail.co.uk/news/article-1247944/Taxi-drivers-accused-racism-displaying-sign-saying-English-speaking.htm 

Helling, J. "Allowing" Race in the Classroom: Students Existing in the Fullness of Their Beings

http://home.avvanta.com/~building/strategies/multicultural/helling.htm

artwork entitled "The Judgment of Paris," by Lucas Cranach the Elder. Specifically, it will briefly describe the subject of the work, and analyze the work in regard to its expressive content. What statement do you think the artist wanted to make? What techniques did the artist use to make this statement? Discuss the composition; the treatment of figures; the use of color, light/shade; scale; the treatment of space; the handling of paint; the organization of space. "The Judgment of Paris" depicts a famous mythological scene with great attention to detail and reality. Cranach's work expresses the myths of old set in his current time of the 15th and 16th centuries. His ability to combine ancient stories with modern settings might have been incongruous, but instead, his paintings are stimulating examples that blend elements to created a coherent and charming whole.

THE JUDGMENT OF PAIS

Lucas Cranach the Elder was a…

References

Editors. "Lucas Cranach the Elder." ArtCyclopedia.com. 2002. 3 April 2003.  http://www.artcyclopedia.com/artists/cranach_the_elder_lucas.html 

Scherer, Margaret R. The Legends of Troy in Art and Literature. 2nd ed. New York: The Phaidon Press, 1964.

Beauty Beast

Judgment and Superficiality in "Beauty and the Beast": Parsing a Fairytale from a Postmodern Perspective

It is the conceit of nearly every epoch to assume that certain ideas, perspectives, and frameworks are new or unique to the current time, and with postmodernism this has extended to the notion of purposefully and meaningfully fragmented texts. That is, many postmodernists view fragmentation and purposeful alienation from reality -- truly, a questioning of what constitutes reality -- as the quintessential and definitive postmodern element (Erb, 51). hile it cannot be denied that the postmodern period and postmodern works frequently embrace and utilize such fragmentation, and while perhaps no era has used it to the extremes or with the prevalence as the postmodern era, it must also be acknowledged that concepts of alienation from truth and reality are not new to the period, though they were dealt with quite differently in earlier…

Works Cited

Beaumont, Jeanne-Marie Le Prince de. "Beauty and the Beast." Accessed 2 May 2012.  http://www.pitt.edu/~dash/beauty.html 

Craven, Allison. Beauty and the Belles: Discourses of Feminism and Femininity in Disneyland. European Journal of Women's Studies 9(2) (2002): 123-42.

Davidheiser, James C. Fairy Tales and Foreign Languages: Ever the Twain Shall Meet. Foreign Language Annals 40(2) (2007): 215-25.

Erb, Cynthia. Another World or the World of an Other? The Space of Romance in Recent Versions of "Beauty and the Beast." Cinema Journal 34(4) (1995): 50-70.

Limitations of the Research or Gaps

A Critical Analysis of the usiness Judgement Rule under the Australian Corporation Law

There have been many large businesses which have collapsed unexpectedly to cause irreparable damage to the investors worldwide in recent years. The most recent and larger cases are those of the fall of the mighty U.S.-based Enron International and the Australian firm, HIH Insurance. These cases shook the faith of the stakeholders in the ability and the intention of the directors who were in charge of the operation of these enterprises. These cases have also made it harder for the directors to negate the fiduciary duty imposed upon them by the law. For instance, according to the 1997 Directors' Duties and Corporate Governance prepared by the Commonwealth of Australia, 'There has been increasing debate in Australia about the standard of corporate governance, particularly in light of the experiences of the late…

Bibliography

Adams, M, 'Australian corporate law reform or evolution,' ALRS 1 (2012) [1-10].

Black's Law Dictionary. (1991). St. Paul, MN: West Publishing Co.

Byrne, M, 'Do directors need better statutory protection when acting on the advice of others?,' (2015), 21 Australian Journal of Law [238-257].

Commonwealth Corporations Act 2001, Section 180.

The ethical demands of accounting extend beyond merely advancing the interests of the client.

B. Personal views

The issues of balancing the ethics of one's profession with the need to do one's job do not merely pertain to accounting, but touches upon all workers. For example: does a manager's duty merely lie in maximizing shareholder value, or does he or she have an ethical obligation to his or her employees to secure their welfare? Until recent regulations, accountants often placed their desire to please clients over their responsibility to the public to produce a valid audit. But even when not legally or professionally bound by a formal code of ethics, a worker should not be forced to put aside his or her own sense of integrity to serve his or her employer.

C. Workplace application

A worker should not be expected to do something unethical that violates common laws of…

Reference

Schmutte, James & James Duncan. (2009, September). Professional judgment: A model for accounting and auditing decisions. The CPA Journal. Retrieved March 2, 2010 at  http://findarticles.com/p/articles/mi_qa5346/is_200909/ai_n39231893/ 

Ryan, Frank. (2009). Thoughts on civility and selfless sacrifice. Central Penn Business Journal.

Retrieved March 2, 2010 at  http://findarticles.com/p/articles/mi_qa5295/is_20091204/ai_n45187458/ 

Vogel, Melanie. (2009, September 1). The new soft skill: Virtual competence. Career Journal.

Miss Brill

Judgment and Otherness in "Miss Brill"

Katherine Mansfield's short story "Miss Brill' appears at first to be a rather simplistic and superficial description of an older woman and her silly infatuation with her fur stole. By the end of the story, however, the reader realizes that there is an irony at work throughout the text on several levels, and the very appearance of superficiality that is so well-crafted early on in the story is revealed to be a misconception contrived equally by the perspective of the story itself and by the reader, who must necessarily employ their standard human perceptions, subjectivities, and judgments in order to engage with the story. Through detailed renderings of character, point-of-view, and setting -- as well as through the rather oblique nature of the story's plot -- Mansfield very poignantly and pointedly explores the theme of "otherness" and the manner in which human…

Investment in South Africa

In your judgment, were the possible utilitarian benefits of building the Caltex plant in 1977 more important than the possible violations of moral rights and of justice that may be involved? Justify your answer fully by identifying the possible benefits and the possible violations of rights and justice that you believe may be associated with the building of the plant, and explaining which you think are more important.

The possible utilitarian benefits of building the Caltex plant in 1977 were not more important than the possible -- or actual -- violations of moral rights and justice involved. The violations of moral rights and justices should have been prioritized. Looking back on the situation, of course, we have the benefit of knowing history, and the case of the South African apartheid is an exemplary case for the power of socially responsible investment movement.

In 1977, when the…

Resources

1. Jack Magarrell, "U.S. Adopts Stand on Apartheid: Backed on Many Campuses," The Chronicle of Higher Education, 12 March 1979.

2. See Herman Nickel, "The Case for Doing Business in South Africa," Fortune, 19 June 1968, p. 72.

3. Investor Responsibility Research Center, Analysis E-Supplment No. 9, 7 April 1977, p. E 114.

4. Texaco Proxy Statement, 1977, item 3.

Relativism: The relativistic analysis would emphasize the extent to which different people have different priorities and perspectives. According to that point-of-view, the decision to become fully sexual might be right for some individuals and less advisable for others in the identical scenario. Whereas some girls might highly value their virginity and even hope to wait until their marriage to become sexual, other girls with different values, goals or priorities might be more comfortable with the decision to become sexual sooner. Uncertainty: The uncertainty analysis would emphasize that one can never accurately predict the consequences of decisions and their outcomes.

According to this perspective, the decision to become sexual right now could prove to be a good decision or a very bad decision but that would be determined by what happens afterwards; conversely, it is not possible to analyze that decision in advance. This point-of-view might suggest simply going with whatever…

Sources Consulted

Sternberg, R.J., Jordan, J. (2005). A Handbook of Wisdom: Psychological Perspectives. Cambridge University Press.

Biases and Judgment

In the notes from the Juicy ed Tomato Steering Committee, it becomes quite clear that there are several biases, held by the steering committee members, and that these are reflected by their attitudes and comments regarding the proposal. eflective decision-making is not being utilized by these committee members, as also evidenced by their comments. eflective decision-making requires reflective thinking, and this is based on an individual being open-minded and willingness to challenge their personal beliefs with new information ("Professional certificate," 1999). Clearly, the committee members are not willing to challenge these personal beliefs and are acting in a close-minded fashion, as demonstrated by the biases they exhibited.

The H manager seems to be the least biased, although the sense that she may be a little upset by the fact that her suggestions were not previously, may indicate that she still is a bit biased to full implementation,…

References

Professional certificate for instructional leadership school principal, all grades (advanced program). Fall 1999. University of Kentucky. July 28, 2005 .

Language

American English is incredible malleable and diverse, and it would be a mistake to impose artificial rules. Not only would it be a mistake, it could even be construed as racist. The imaginary Correct English (whether Oxford or Webster-based prescriptive grammatical rules) is one that is clearly defined by the white upper-class hegemony in higher education. As Deresiewicz (2005) states, "there is no such thing as Correct English, and there never has been." Dialects and accents are a sign that the language is alive. Language reflects subculture and social identity, and can allow for the vivid expression of ideas that would be severely restricted if there were only one Correct English.

Language is a form of cultural capital. Therefore, "stigmatized forms" of language such as edneck or African-American speech, are "typically those used by social groups other than the educated middle classes -- professional people, including those in law,…

References

Baron, D. (n.d.). Language and society. PBS. Retrieved online:  http://www.pbs.org/speak/words/sezwho/socialsetting/ 

Cutler, C. (n.d.). Crossing over. PBS. Retrieved online:  http://www.pbs.org/speak/speech/prestige/crossing/ 

Deresiewicz, W. (2005). You talkin' to me? The New York Times. Jan 9, 2005. Retrieved online:  http://www.nytimes.com/2005/01/09/books/review/09DERESIE.html?_r=2&pagewanted=print&position= 

Finegan, E. (n.d.). State of American. PBS. Retrieved online:  http://www.pbs.org/speak/speech/correct/prescriptivism/

Problem-solving and Decision-Making in Nursing and Explain How Clinical Judgments Are Outcomes of Critical Thinking in Nursing

The American Philosophical Association (APA) has "defined critical thinking as purposeful, self-regulatory judgment that uses cognitive tools such as interpretation, analysis, evaluation, inference, and explanation of the evidential, conceptual, methodological, criteriological, or contextual considerations on which judgment is based" (Benner 1). In a nursing-specific context, nurses must be engaging their critical faculties at all times. They must analyze situations in a discriminatory fashion using logic, even while having enough confidence and "contextual perspective, creativity, flexibility, inquisitiveness, intellectual integrity" to be open-minded and use their intuition when needed (Benner, Hughes, & Sutphen 1).

In contrast to the scientific method, making clinical judgments is merely the use of objective reason. Nurses must use a problem-specific approach that is focused upon the here and now. "The goal of detached, critical objectivity used to conduct scientific experiments…

References

Benner, Patricia, Ronda G. Hughes, Molly Sutphen. (n.d.) Chapter 6. Clinical reasoning, decision-making, and action: Thinking critically and clinically. Retrieved:

 http://www.ahrq.gov/qual/nurseshdbk/docs/BennerP_CRDA.pdf

Managerial Decision Making

Understanding bias is crucial to good decision-making because of the problems that are inherent in emotional human beings making intellectual decisions. That is not to suggest that people cannot engage in logical and rational decision making, but simply to recognize that there are frequently problems in the logical decision-making process. "Several of these problems occur because the human mind is easily influenced by internal and external factors. Biases and perceptions can lead to a misconstrued view of reality and the way we process information (ebugio, 2013). Furthermore, there are several different forms of bias: confirmation bias, anchoring, overconfidence bias, gambler's fallacy, and fundamental attribution errors (Pavey, 2014). As a result, when decisions are made in group settings, there may actually be several different types of bias impacting, and these various biases may actually make it more difficult for individuals to recognize that their teammates are engaging in…

References

Pavey, S. (2014). Avoiding psychological bias in decision making. Retrieved May 18, 2014

from MindTools website:  http://www.mindtools.com/pages/article/avoiding-psychological-bias.htm 

Rebugio, A.B. (2013, July 12). Bias and perception: How it affects our judgment in decision making and analysis. Retrieved May 18, 2014 from Small Wars Journal website:  http://smallwarsjournal.com/jrnl/art/bias-and-perception-how-it-affects-our-judgment-in-decision-making-and-analysis

Lord Byron's poem, "The Vision of Judgment," Satan ascends from hell to prosecute the newly deceased George III and claim George's soul. After a farce of a trial, George slips into heaven where he spends eternity practicing his psalms.

Of course, one could argue that Satan loses George's soul not because of his failings as a prosecutor but because the celestial court becomes so involved in resolving the superfluous matter of Mr. Southey that it loses track of George entirely. That charitable interpretation, however, would be giving this particular Devil far more than his due.

While clearly a glib and confident speaker who is not lacking in his ability to play to his audience, Satan loses custody of George's soul because he makes a series of blunders so basic that most first year law students would be humiliated to admit to making them. Satan lacks enthusiasm for his own case.…

Organizational Ethics and Self-Assessment

Making moral judgments is one of the most challenging endeavors both in academic studies of morality and the daily application of the moral standards in the society and workplace as seen in the cases presented in the four scenarios presented. In the first case, the manager, Terry, should have taken the company vehicle for assessment as was required instead of covering 2,000 more miles than stipulated since there was a reasonable factor behind the 3,000 miles checkup mark. Transcending this requirement first meant total disregard for the laws put down by the company she works for and also disregard for the lives of those who may sue the car as it ultimately happened to Pat. It was morally insensitive to do what she did since the probability of effect was quite high as Terry's disregard for professional directly meant life endangerment.

The second case it is…

References

Johnson E.C., (n.d). Organizational Ethics: A Practical Approach.

Judgment on Physician Assisted Death

Prosecutions, where the state stands as the main complainant, are held up as criminal prosecution. A State prosecutor is duty bound to prove sufficiently that the action of the accused was inconsistent with the existing laws. In the case of the physician who gave a lethal dose to assist a terminally ill patient in dying it is the duty of the prosecutor to defend the existent law. The prosecutor ought to present to the court sufficient information regarding the law on physician assisted deaths.

Decision Taken and Justification

The legality and legality of physician-assisted death have raised numerous debates some leading to the Abolishment of laws against assisted suicide others upholding the law. The different state has differing justification on assisted suicide with some allowing physician-assisted suicide on grounds of the patient's quality of life and others assessing the palliate care measure explored to determine…

References

Quill, T. E., & Battin, M. P. (2004). Physician-Assisted Dying: The Case for Palliative Care and Patient Choice. eds., . Baltimore, Maryland U.S.: Johns Hopkins University Press, 2004.

William, B. (2000). Depression, Hopelessness, and Desire for Hastened Death in Terminally Ill Patients with Cancer. Journal of the American Medical Association, 284(22), 2907-2911.

Judgment in Managerial Decision Making

Managerial Decision Making: Certainty, Uncertainty, and isk

Making decisions is a vital part of both personal and professional life. When a manager has to make decisions, he or she needs to weigh certainty, uncertainty, and risk (obbins & Judge, 2007). My attitude about these three different areas of consideration has helped my ability to make rational decisions, in most cases. That is because I tend to be very risk-averse. I am not a gambler, and I do not like to take big chances with anything. That may not always provide me with the highest possible return, but it does lower the chances of putting too much at risk and struggling because of it. In order to realize the value of that, it is important to understand how it works when a person has to consider three different areas in making managerial decisions. The choice between…

References

Bazerman, M.H. & Moore, D.A. (2008). Judgment in managerial decision making. NY: Wiley.

Robbins, S.P. & Judge, T.A. (2007). Organizational behavior (12th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.

alarm clock will break and so you'll oversleep. When you do wake up, you will burn your lips, tongue and liver on your coffee. Your car will refuse to start, and when it does you will discover that one of your tires is flat. While changing your flat tire you will be bitten by a black-widow spider. Just as you arrive at the emergency room, the nurses will go out on strike. A small earthquake will then strike, crushing your car in the hospital garage. You will develop gangrene after you leave the hospital without being treated - but not before a bicyclist runs into you as you walk home, knocking you down and breaking your glasses.

Okay, maybe we haven't all had days that were exactly this bad, but sometimes they come close - which is no doubt one reason that many people are so attracted to conspiracy theories.…

To this end, synergy can be likened to economies of scope, whereby the quality of decisions reached goes up with the inclusion of more minds (Nelson & Quick, 2012). Information-sharing is based on the idea that every individual possesses some unique information besides that which is known by everyone (Nelson & Quick, 2012). When several individuals come together in a group, they consolidate these unique pieces of information, creating a more complete informational platform and consequently, a decision of high quality (Nelson & Quick, 2012).

Group decision making is not without its share of drawbacks; i) since the technique is built on consultations, it usually involves lengthy procedures that could be quite costly to the organization, ii) it could kill team spirit, especially if some members feel that they are being shortchanged, iii) decisions are largely influenced by members' relative statuses - in an academic group task, for instance, members…

References

Band, J. & Partridge, L. (2001). Advanced Decision Making. Beaconsfield, Buckinghamshire: Select Knowledge Ltd.

Bazerman, M.H. & Don, a.M. (2008). Judgment in Managerial Decision-Making (7th ed.). New York: John Wiley and Sons.

Nelson, D. & Quick, J. (2012). Organizational Behavior: Science, the Real World, and You (8th ed.). Mason, OH: Cengage Learning.

During that time, the United States and the Soviet Union were engaged in something called the competitive escalation paradigm. This comes about when one entity (i.e. A person, business, organization, or even a country) attempts to, essentially, "one up" another entity and the competition between what they have, what they want, or what they can do simply continues to escalate quickly (Bazerman & Moore, 2009). The U.S. And the Soviet Union did that with their missile defense and offense strategies, with both countries focused on building up missiles they could use to attack the other one and defenses they would use to keep the other one's missiles out (Fitzgerald, 2001). It is good to be prepared, and protecting a country from a nuclear ballistic missile strike is certainly important, but both countries took these issues too far. It was not that they needed more missiles or a better defense, necessarily,…

References

Bazerman, M.H. & Moore, D.A. (2009). Judgment in management decision making (7th ed.). NY: Wiley.

Fitzgerald, F. (2001). Way out there in the blue: Reagan, Star Wars and the end of the Cold War. NY: Simon & Schuster.

Judgment in Managerial Decision Making: The Ponzi Scheme

Everyone makes decisions, both good and bad, throughout their lives. ecently, there has been quite a bit of talk about the bad decisions that businesses and their executives have made. Issues like the stock market and sub-prime mortgage issues have financially devastated some people, as have Ponzi schemes. These types of schemes create fraudulent investments that seen to offer great rates of return (Dunn, 2004). Instead of investing, though, the person running the scheme is using the investment money from new investors to pay the "dividends" of previous investors. More and more money is needed to sustain the scheme, but by the time everything collapses the original person running the scheme has pocketed and/or spent a huge amount of money (Dunn, 2004). Many people have been jailed for Ponzi schemes, as most people do not get away with them for very long…

References

Dunn, D. (2004). Ponzi: The incredible true story of the king of financial cons (Library of Larceny) (Paperback). New York: Broadway.

Frankel, T. (2012). The Ponzi scheme puzzle: A history and analysis of con artists and victims. USA: Oxford University Press.

Judgment in Managerial Decision Making

Linear Decision Making

Linear decision making works by looking at, essentially, a "straight line of choices" that involves picking one option even when the future options cannot be seen. This is important to consider, because it allows a person to address a potential issue in a way that requires careful thought. As the person moves down the line of choices, he or she has to decide each time whether to take the presented choice or whether to keep going on the chance that the next choice (or one further up the line) might actually be a better option (Albantakis & Deco, 2009). There is a certain level of risk in this type of decision making, because it is possible that the person will make a decision too soon in the process that will strongly impact the outcome. If the person would have waited, he or…

References

Albantakis, L., & Deco, G. (2009). The encoding of alternatives in multiple-choice decision making. Proceeds of the National Academy of Science, USA, 106: 10308-10313.

Bogacz, R., Brown, E., Moehlis, J., Holmes, P., & Cohen, J.D. (2006). The physics of optimal decision making: A formal analysis of models of performance in two-alternative forced-choice tasks. Psychology Review, 113: 700-765.

According to Aristotle, a man's true worth is known by his deeds that is how he acts and reacts in certain situations. He holds the view that a person's actions can be judged by a certain standard of perfection which he calls 'good'.

Conclusions

Critique of Judgment is a masterpiece of Kant that attempts to correlate aesthetic and moral judgments. In his work he tries to find moral dimensions to concepts of sublimity and beauty. He also put forward his ideas on art and considers beauty as it essential component. In certain parts of his writing he posits that beauty can be considered superior to art on the basis of its purposiveness. He shows that nature or natural beauty is compatible with morally good and that our moral ideas are well-matched with nature. His work expounds on art, beauty, morality and ethics. His series of critiques with last one as…

References

PHILOSOPHY OF ART HUME AND KANT: Summary and Comparison', Retrieved December 16, 2006, at  http://www.mnstate.edu/gracyk/courses/phil%20of%20art/hume_and_kant.htm#4 

Island of Freedom: Immanuel Kant 1724-1804, Retrieved December 16, 2006, at  http://www.island-of-freedom.com/KANT.htm 

Aristotle (384-322 BCE): General Introduction. The Internet Encyclopedia of Philosophy, Retrieved December 16, 2006, at  http://www.iep.utm.edu/a/aristotl.htm 

Critique of Judgment. The Wikipedia Encyclopedia, Retrieved December 16, 2006, at  http://en.wikipedia.org/wiki/Critique_of_Judgment

First, they evaluate the truthfulness of the message. Next, they evaluate the authentic of the persuader. Third, they determine the persuader's level of respect for the persuadee. Fourth, they examine the equity of the persuasive appeal. Finally, they look at the social responsibility for the common good of the action they are being urged to take. Combining all five elements together, a person is able to make a judgment about a persuader's ethics.

Personally, I feel that ethical judgments are most effectively made at a situational level. I do not believe that universal ethics apply, but instead feel that situations can help determine the ethicality of a particular action. For example, I do not feel it would be unethical for an American President to lie to the American people about a planned attack on foreign country if being honest would jeopardize the soldiers on the mission. Likewise, I do not…

Ethics

The Terri chiavo case was an unusual incident where a person who should have been removed from life support long ago was sustained due to federal and public intervention. The case instigates moral and ethical questions of decision to end life as well as the limits of autonomy in surrogate decision making. Torke et al. (2008) argue that guardian judgment is often used as decision-making when a patient lacks the cognitive abilities to decide treatment for herself. urrogate decision-making, however, has its own flaws and should be replaced by something more rational. Using the Terri chiavo case as base, the following essay argues that the decision whether or not to prolong a patient's life (or indeed any decision revolving on an incumbent or cognitively disabled patient) should focus on the patient's dignity and individuality rather than on his or her autonomy.

The Terri chiavo Case: background

The Terri chiavo…

Sources

Ditto, PH (2006) What would Terri want? On the psychological challenges of surrogate decision making. Death Studies, 30: 135 -- 148,

Lazzaerini, Z et al. (2006) Legal and policy lessons from the Schiavo case: Is our right to choose the medical care we want seriously at risk? Palliative & Supportive Care, 4, 145-153

Mathes, P (2005) Terri Schiavo and End-of-Life Decisions: Can Law Help Us Out? MEDSURG Nursing, 14 Issue 3, p200

Torke, AM et al. (2008) Substituted Judgment: The Limitations of Autonomy in Surrogate Decision Making J. Gen Intern Med. 23(9):1514-7.

usability has been increasingly brought to the forefront. This is because the look and feel of a particular product or service will provide customers with a lasting image of the organization. Over the course of time, this will have an impact on the competitive position of a firm inside the marketplace. As a result, these kinds of issues have been receiving increasing amounts of attention. To determine the effectiveness of this approach there will be a focus on: accessing usability, who should make these kinds of judgments and how disagreements should be resolved. Together, these different elements will provide specific insights as to how these issues can be effectively addressed. This is when an organization can build upon these favorable perceptions, to have a positive impact on their bottom line results.

What do you believe are the appropriate criteria for assessing usability?

Usability is when someone can easily interface a…

References

Conflict Resolution. (2012). Mind Tools. Retrieved from:  http://www.mindtools.com/pages/article/newLDR_81.htm 

Usability 101. (2011). Use It. Retrieved from:  http://www.useit.com/alertbox/20030825.html 

Schutz, S. (2005). Using the Internet for Anonymous Surveys. Duke Space. Retrieved from:  http://dukespace.lib.duke.edu/dspace/bitstream/handle/10161/2735/Pylatiuk_02.pdf?sequence=3

Values and Morals in the Accounting Industry

The important questions to be addressed are taken from the "…business ethics/corporate social responsibility literature, oriented towards business enterprises but also of relevance to professional bodies: whether being ethical 'pays' in financial terms; and whether formal codes are useful in promoting ethical behavior…" (Cowton, 2009, p. 177).

Accountants are charged with carrying out ethical and moral decisions in their everyday work, but judging from some of the scandals in recent years (Enron, orldCom, the Anderson Accountancy, etc.) not all accountants are up to speed with those ethical and moral decisions. This paper reviews the judgments that accountants should be making based on morality and ethical values, whether the accountant is working for a multinational corporation or for a small business with only half a dozen employees.

Accounting Students and Moral Decision-Making

Deborah Leitsch writes in the Journal of Business Ethics that auditors are…

Works Cited

Brown-Liburd, Helen L., and Porco, Barbara M. (2011). It's What's Outside that Counts:

Do Extracurricular Experiences Affect the Cognitive Moral Development of Undergraduate Accounting Students? Issues in Accounting Education, 26(2), 439-454.

Cooper, Barry J., Leung, Philomena, Dellaportas, Steven, Jackling, Beverley, and Wong,

Grace. (2008). Ethics Education for Accounting Students -- a Toolkit Approach.

The mathematician's goal might be to determine the angle of a triangle; the painter's goal might be to assault the viewer's eye with a distorted or 'wrong' proportion or using an impossible perspective. In other words, the criterion depends on the desired result of the project and the type of literal or figurative knowledge one wishes to convey. Neither system of knowledge is better, merely different, with different criteria or goals.

Elgin's statement of reflective equilibrium acknowledges human beings have many different goals in knowing something is true or right. Sometimes our goal is to make something practical, as when seeking knowledge in a scientific truth. Other times it is to reconcile two different moral ideas from two different systems. Other times it might be to create art. Elgin is not a relativist, a charge that might be leveled at her words by some foundationalists. She states that one needs…

Works Cited

Elgin, Catherine Z. Considered Judgment. New Jersey: Princeton University Press, 1996.

Cognitions Pertaining to Illness

The role of risk estimates in preventive behaviour

The hypothesis that was formulated by Students X and Y can best be confirmed or refuted, at least generally, by asking the Likert-scaled questions, "How likely do you think it is that you will develop liver disease in future?" At the same time as they ask the question, "How much alcohol do you drink in the average week?" The superiority of this single approach to posing both questions to the respondents relates primarily to the efficiency of the survey administration and the reliability of the results that emerge. A delay of 4 months between posing these survey questions to all of their subjects would introduce a number of significant constraints to this study that could potentially adversely affect the ability of these researchers to accurately evaluate any responses they received.

First and foremost, 4 months is a prohibitively…

Standardization, Expectation, and Judgment in Language Use

We are often advised as college students to write our papers in "standard academic English." If we are putting together a resume or drafting a formal letter, we are expected to use "standard English" as well. In our daily speech patterns in formal situations, our parents or mentors have at some point encouraged us to use "proper" English in order to reflect well on ourselves and our education and background (and on them, of course). But what, exactly, is "standard" English? Who gets to decide? Must it be grammatically perfect? Are long, multi-syllabic words more effective than short, simple ones?

Is there a standardized language we are supposed to use for certain formal situations, and if so, what is it, and how do we learn it? For example, some English texts and teachers advise students to avoid ending a sentence in a preposition;…

References

Cutler, C. Crossing over. MacNeil/Lehrer Productions.

Retrieved May 1, 2012 from  http://www.pbs.org/speak/speech/correct/gatekeeping/ 

Fought, J.G. Gatekeeping. MacNeil/Lehrer Productions.

Retrieved May 1, 2012 from

There would be no room for actual opinion in the model, and it would come down to which option was calculated to provide the highest return. That can actually be difficult to determine mathematically, because there are so many different factors that must be taken into account and that are sometimes not addressed properly. While it is very important to make sure that each valid factor is accounted for, some will hold more weight than others. Assigning a weight to each one is done arbitrarily, so the weights are not necessarily even, realistic, or accurate based on what the person is trying to decide.

Models are important to help managers make decisions, but good managers should know that there is much more to the job than plugging in numbers or factors to get a particular outcome. The manager who is really focused on taking good care of the company and…

References

Bazerman, M.H. & Moore, D.A. (2008). Judgment in managerial decision making. NY: Wiley.

Robbins, S.P. & Judge, T.A. (2007). Organizational behavior (12th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.

General Motors and the United Auto Workers Labor Agreement

Judgment in Managerial Decision making

General Motors and the United Auto Workers have been among the America's largest manufacturers of motor vehicles and related parts. Following pressure of the two leading manufacturers going bankrupt they had to negotiate a change in the labor agreement as an urgent move. The workers and the communities are to be adversely affected by this part of restructuring.

Some of the decisions reached during the negotiation affected the workers negatively in as much as they were mainly to prevent the collapse of the two manufacturers. General Motors reached a decision to close or idle 17 of its facilities, where Chrysler was to close eight plants. The GM seeks to reduce its 60,000 strong UAW workforce by up to 20,000. On the top of that Chrysler is to reduce positions because of the plant closures, however the…

References

Chris Isidore (2011) GM, UAW reach deal. Retrieved May 15, 2014 from  http://money.cnn.com/2011/09/17/news/companies/gm_uaw_agreement/ 

Kimberly S. Johnson and Tom Krisher, (2010) UAW members approve General Motors concessions. Retrieved May 15, 2014 from  http://abcnews.go.com/Business/story?id=7717372

Kurt Lewin's Model For Change

Judgment in managerial decision

Change is always a common thread that all businesses experience in spite of size, age, and industry. For a business or organization to start any successful change process, first there should be an understanding as to why such change has to take place.

According to Kurt Lewin model, before change takes place motivation for change must be generated. An individual should be assisted in re-examining numerous cherished assumptions about oneself as well as one's relations to others; and this is where change starts. Kurt Lewin's model for change put across three theory of change. The three stages are Unfreeze, Change, and Freeze (Refreeze).

Unfreeze

This is the first stage of change according to Lewin. It involves preparing the organization to accept that there is need for change, in which the status quo will be broken down before building up another new…

For example, the EP has the right to bring an action for failure to act, and can also take action to have the ECJ review acts of the Council or the Commission.

Despite those protections, the ECJ determined that the legal remedies provided for in the Euratom Treaty and EEC treaty might be ineffective or uncertain.

For example, an action for failure to act cannot be used to challenge a measure that has already been adopted.

In addition, though the EP has the right to seek a preliminary ruling on the validity of such an action, such a ruling does not mean that anyone will actually bring an action for annulment.

In fact, even though the Commission is required to respect the EP's prerogatives, it is not obliged to adopt the EP's positions as its own.

As a result, the ECJ concluded that the legal remedies available to the EP…

Works Cited

"Article 230." Treaty of Nice. 2000. University College Cork. 25 Aug. 2009

.

Case 70/88, European Parliament v. Council of Ministers, Judgment of the ECJ of 22 March

1990, European Court Reports 1990, p. I-2041.

Then present one argument that demonstrates a strength or a weakness.

The strength of Kant's critique of reason and its excesses can be seen in an examination of Plato's famous Theory of Ideas. For Plato, the only suitable instrument for knowledge of the real world is reason and understanding. He defines understanding as the highest activity of the soul and reason as the second-highest activity of the soul. (Republic, 511c) These activities are necessary to glimpse the things of the real word, the actual Forms contained in the world of Forms. (Republic, 509d). For Plato, true Knowledge was the Knowledge of these real things. (Republic, 509e). For him, all Knowledge was Knowledge of something that exists because what does not exist is nothing, of which it is impossible to have Knowledge. (Republic, 477e)

Through the proposition that knowledge and opinion are different capacities, Plato infers that knowledge and opinion must…

Bibliography

Kant, Immanuel. Prolegomena to Any Future Metaphysics. James Fieser. 1997. Internet resource

Plato, Benjamin Jowett, and Irwin Edman. The Works of Plato. New York: Modern Library, 1928. Print.

In the event that the analysis of records of telephone, e-mail and internet use was considered to amount to an interference with respect for private life or correspondence, the Government contended that the interference was justified. First, it pursued the legitimate aim of protecting the rights and freedoms of others by ensuring that the facilities provided by a publicly funded employer were not abused. Secondly, the interference had a basis in domestic law in that the College, as a statutory body, whose powers enable it to provide further and higher education and to do anything necessary and expedient for those purposes, had the power to take reasonable control of its facilities to ensure that it was able to carry out its statutory functions. It was reasonably foreseeable that the facilities provided by a statutory body out of public funds could not be used excessively for personal purposes and that the…

Bibliography

ECHR Case Law - Copland vs. United Kingdom European Court of Human Rights - Council of Europe Copland vs. United Kingdom 3 April 2007 Violation of Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Legile Inernetului (2009) Online available at http://www.legi-internet.ro/english/jurisprudenta-it-romania/decizii-cedo/copland-vs.-united-kingdom-echr-case-law.html

Vermeulen, Mathias (2009) UN Special Rapporteur Releases Report on the Role of Intelligence Agencies in the Fight Against Terrorism. 27 Feb 2009. Online available at  http://legalift.wordpress.com/2009/02/27/un-special-rapporteur-releases-report-on-the-role-of-intelligence-agencies-in-the-fight-against-terrorism/ 

Recent Case Law on Asylum and Immigration (2008) Migration Watch.

UK ASYLUM LAW and PROCESS in the human rights law [3.1.6] section of the guide: 3.1.6|1 the IMPACT of HUMAN RIGHTS LAW; and 3.1.6|2 USEFUL RESOURCES (ICAR) 2008. Online available at http://www.icar.org.uk/7013/31-law-and-process/316-human-rights-law.html

The Critique of Pure eason proposed and researched, highlighting expertise of how the mind's synthetic framework makes up the world. As a review of taste, such a technique does not try to separate some home that is distinct to beautiful items, however rather intends at exposing how the mind discovers specific items beautiful. Kant thinks that this is possible since the intellect that is associated with common spatiotemporal experience, so it is just fitting to look initially at the nature of these professors prior to continuing to how they associate with aesthetic judgments. An additional reason to continue in this way is that the Critique of the Power of Judgment is scant when it concerns explicating the complimentary play of the creativity and understanding Kant anticipates that his readers have actually accumulated this from the first Critique.

In the Critique of Pure eason we see that in determinative judgments the…

References

Aristotle (1980). Metaphysics, the Loeb Classical Library (trans. H. Tredennick). Cambridge: Harvard University Press, 1 933 / 1980 . 1029a20ff.

Crawford, D.W. (1974). Kant's Aesthetic Theory (London: The University of Wiscon-sin Press).

De Blaas, Eugene, God's Creatures, oil on canvas, 1877, private collection

Kant, I. (2000a). Critique of the Power of Judgment, trans. Paul Guyer and Eric Matthews, ed. Paul Guyer (Cambridge: Cambridge University Press).

Some of the reason for error, therefore, is not related to indifference or for not having enough time to fully consider some matter. Some of it is due to man's propensity to flaw, and to his limited ability (which is related to his limited mental and physical power).

In addition to misinterpreting the nature of the relationship between intellect and free will, Descartes has incorrectly interpreted some of the most vital connotations that accompany free will. There is an innate responsibility that accompanies this gift. Free will presents human beings (and anything else endowed with it, for that matter), the opportunity to do good or evil, to make use of or to squander opportunity, to laugh or to cry. The power of the decision, regardless of the source (which is, of course, God) ultimately resides with the individual. And while the author readily acknowledges the relationship of intellect and will…

76). As automation increasingly assumes the more mundane and routine aspects of work of all types, Drucker was visionary in his assessment of how decisions would be made in the years to come. "In the future," said Drucker, "it was possible that all employment would be managerial in nature, and we would then have progressed from a society of labor to a society of management" (Witzel, p. 76). The first tasks of the manager, then, are to coordinate an organization's resources and provide a viable framework in which they can be used to produce goods and services effectively and efficiently. The second set of tasks concern guidance and control. In Drucker's view, this role is almost entirely proactive: "Economic forces set limits to what a manager can do. They create opportunities for management's action. But they do not by themselves dictate what a business is or what it does" (Drucker,…

(Eljamal; Stark; Arnold; Sharp, 1999)

To conclude, it be said that if we will not be able to master imparting the capability to think in a developed form, our profession, as well as perhaps our world, would be influenced and taken over by someone who would be able to outsmart us to find it out. We would in that case not only remain thinking as to what happened but would also not have the skills required to provide answers to our own question.

eferences

Braun, N.M. (2004, March/April) Critical thinking in the business curriculum. Journal of Education for Business, 79(4). etrieved from ProQuest database on February 20, 2007.

Carroll-Johnson, .M. (2001, April - June). Learning to think. Nursing Diagnosis, 12(2).

etrieved from Thomson Gale database on February 14, 2007.

Cheung, C., udowicz, E., Kwan, a.S.F., & Yue, X.D. (2002, December). Assessing university students general and specific critical thinking. College Student…

References

Braun, N.M. (2004, March/April) Critical thinking in the business curriculum. Journal of Education for Business, 79(4). Retrieved from ProQuest database on February 20, 2007.

Carroll-Johnson, R.M. (2001, April - June). Learning to think. Nursing Diagnosis, 12(2).

Retrieved from Thomson Gale database on February 14, 2007.

Cheung, C., Rudowicz, E., Kwan, a.S.F., & Yue, X.D. (2002, December). Assessing university students general and specific critical thinking. College Student Journal, 36(4). Retrieved from ProQuest database February 14, 2007.

Mabo Case

A Lesson in History:

The Mabo Case and Its Legacy

The Mabo Case, or Mabo v. Queensland, as the case is formally known, refers to a judgment given by the High Court on June 3, 1992. This judgment ruled that the land title of Indigenous Peoples (i.e. The Aborigines and Torres Strait Islanders) would be recognized as common law by Australia. This meant that the doctrine of terra nullis, or land belonging to nobody, was annulled and the indigenous people in question could possess and occupy the land as they wished, and according to their own customs.

Despite this favorable and internationally applauded outcome, however, the reality has not been as uncomplicated. The fact of the matter is that though the Mabo case was a revolution in Australian law and brought the country in line with other remaining common law countries, such as he United States, Canada and…

Works Cited:

1. Amankwah, H.A. (1994). Mabo and international law. Race and Class (35:57). Retrieved Janaury 12, 2012.

2. Howitt, R. (2006). Scales of Coexistence: Tackling the Tension between the Legal and Cultural Landscapes in Post-Mabo Australia. Macquarie Law Journal (6). Retrieved January 12, 2012.

3. No Author. (2012). Mabo v. Queensland. Convict Creations. Retrieved January 12, from .

4. Pelczynski, S. (2012). The High Court Recognition of Native Title - The Mabo Judgment and Its Implications. Action for Aboriginal Rights. Retrieved January 12, from .

According to the South Carolina Nurse Practice Act, the practice of nursing includes "the provision of services for compensation," and the use of "nursing judgment." Nursing judgment is clearly defined as "the logical and systematic cognitive process of identifying pertinent information and evaluating data in the clinical context in order to produce informed decisions." The South Carolina Nurse Practice Act is lengthier than either of the other two definitions provided here. It deals directly with practical and mundane matters related to the profession such as monetary reward for the practice of nursing; the different classes of nurses, "commensurate with the educational preparation," and other official areas of interest: "Nursing practice occurs in the state in which the recipient of nursing services is located." While this definition lacks the inclusion of terms like "compassion," nurses must be firmly grounded in the practical matters of the profession as outlined by the Nurse…

Using the death of her mother on emotional response she argues that in case it had been discovered in the whole episode that her blood pressure seemed to be very low or her pulse rate did not go beyond 60, no any reason that can be used in concluding that she was not grieving. Contrary to claim of James that without existence of bodily feeling then emotion does not have value but only a sort of cold judgment. Nevertheless, as discussed before, to some extent Nussbaum agree that emotions are eudaimonistic due to the fact that it has a bearing on the well-being and flourishing of the subject.

Upon analyzing the criticisms that is directed to the William James' theory, a conclusion can be made that emotional accuracy is not enough to be used in defining perception of bodily change. Based on the criticisms we are able to reach the…

hotel sent the security guard on duty to check on Gonzalez in his hotel room. The defendant rebuffed to open the door. The security guard heard the sound of breaking glasses and the high television volume. This prompted the hotel to summon Laredo Police Department to assist in carrying out investigations. The hotel staff did not appeal the police to take Gonzalez into custody. In the other case, Michael Evans arrived at the club with his companions; he unknowingly groped Ms. Niland who later instructed the security officer to arrest him.

Nonetheless, in the second case, Michael Evans had number of associates including, Chad Sorrell, Bernard Lynch, and Dan Lechner. They witnessed the event at the club as opposed to the first case where Gonzalez was alone studying in his hotel room in preparation for the forth-coming Texas Import/Export examination.

In the first case, due to lack of sufficient evidence…

Cultural Conditioning Block

Cultural conditioning refers to how society's standards and values are passed on to all members of society. Cultural conditioning is a block to critical thinking when people accept society's standards blindly, with this impacting how a person thinks by creating bias and selective perception.

Example: When Nolan tells Keating he does not approve of his unorthodox teaching methods, he is basing his judgment on the fact that Keating's methods and expectations of the students are different to the accepted standards of the school. This is an example of the cultural conditioning block because Nolan does not actually judge Keating's views but shows bias against them because they go against the school's standards and values.

eliance on Authority Block

Definition: eliance on authority is a block to critical thinking when people accept the views of the majority in place of thinking for themselves and forming their own opinions…

Reference Block

Definition: Frame of reference refers to how people see the world based on their own knowledge, experiences, and position. This is a block to critical thinking because it limits people's perceptions and prevents them from seeing the bigger picture.

Example: When McAllister speaks to Keating, he tells him that he is misguided and that encouraging students to be artists will only lead to later disappointments. He also says that encouraging students to dream and think for themselves will not help them. This is an example of frame of reference because McAllister is judging what he has observed on the class based on his own ideas on the value of dreams and free thinking. McAllister's frame of reference is a block to critical thinking because he is not able to consider what the lesson might mean to the students.

perception and on the circumstance that selective perception may be more dominated by images than by any other factor. We are prone to making impressions, yet as the study in this essay shows it may be images that subconsciously form our impressions and direct judgment to be made about them accordingly.

All too often, selective perception gets us into difficulties as witnessed by the Northwest Airlines Flight 259 that crashed after forgetting to extend the flaps for takeoff. This was as minor aspect, yet the pilots completely overlooked it. Selective perception works in social areas of life too where people are regularly hired for certain characteristics that employers observe yet gloss over others. esearch shows that much of causal perceptions or interview selection is made of fleeting instinctive impressions where discrete components are aggregated into a holistic whole. This is called a stereotype and stereotypes are instinctive, unconscious, and often…

References

Asch, SE. (1946). forming impressions of personality Journal of Abnormal and Social Psychology, 41 258-290

Ivcevic, Z & Ambady, N (2012) Personality Impressions From Identity Claims on Facebook, Psychology of Popular Media Culture, 1, 38-45

Gazzaniga, MS, Ivry, RB, & Mangun, GR (2001)Cogntiive Neuroscience Norton & Co.

Glaser, W.R., & Glaser, M.O. (1989). Context effects in Stroop-like word and picture processing. Journal of Experimental Psychology: General, 118, 13-42.

Laurel v. Hardy

Main issue: Laurel and Hardy, a professional comic duo, entered into a contract that agreed if they ever disbanded their partnership, they would refrain from using each other's material without compensation to the other party. After the duo disbanded, Hardy continued to use the materials without paying Laurel. Laurel is suing Hardy for $500,000. Hardy travels and has thus not been properly served Court Papers and refuses to read the local paper or respond to the suit. Laurel motions for a default judgment and Court Costs, which is granted. Hardy appeals this because he has not been properly notified.

Relevant Legal Concept: Contractual law and Service of Summons and Judgment

Procedural Due Process: Service by registered mail and publication in local newspaper; the Court is not responsible if the person being served pleads ignorance.

Relevant Definitions: Substituted Service of Court documents

Relevant Case Law: Dorsey v. Gregg,…

Works Cited

Best, R. (2006). California Physician-Patient Privileges. Retrieved from:  http://california-discovery-law.com/physician_patient_privilege.htm 

Cornell University. (2012). Rule 501. Privilege. Retrieved from:  http://www.law.cornell.edu/rules/fre/rule_501 

Logan, M., et al. (2010) Product Liability: Protection for the "Innocent" Seller. Kane Russell Coleman and Logan. Retrieved from:  http://www.natlawreview.com/article/products-liability-protection-innocent-seller-texas 

Schubert, F. (2010). Introduction to the law and the Legal System. 10th ed. Mason, OH: Cenage.

Nadel et al. v. Burger King Corp. & Emil, Inc.

Legal Brief

What court decided the case in the assignment?

Case C960489 was filed on 05/21/1997 and heard by the Court of Appeals of Ohio, First District, Hamilton County. On 07/07/1997, a discretionary appeal (Case 1997-1386) by Burger King was filed in the Supreme Court of Ohio. he Case is Disposed.

According to the case, what must a party establish to prevail on a motion for summary judgment?

In order for a party to prevail on a motion for summary judgment in this case, it is necessary to show that no genuine issue of material fact existed. Specifically, the Ohio Rules of Civil Procedure, Rule 56 (E) states that:

"When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the party's pleadings,…

The court found that the appellants did not have a duty to warn of the dangers of using a BB gun, that despite the warnings labels on each BB gun package, and the policy of Swallen's not to sell BB guns to customers under the age of 18, the manufacturers and sellers had no duty to ensure that the BB guns were always used under adult supervision and in a safe manner. That to do so would make them insurers of their product and would be tantamount to judicial legislation, which is not a function of the court.

G. The principle of law the case was used (cited) for in the case:

See, e.g., Temple v. Wean United, Inc. (1977), 50 Ohio St. 2d 317, 4 O.O.3d 466, 364 N.E.2d 267; Taylor v. Yale & Towne Mfg. Co. (1987), 36 Ohio App.3d 62, 520 N.E.2d 1375; Hall v. Sun Oil Petroleum Products (Sept. 28, 1984), Lucas App. No. L-84-084, unreported, 1984 WL 14378.