Main Factors of Lesson Plan Papers Essay

Main Factors of Lesson Plan PapersWhen addressing a classroom without goals, objectives, and a clear path is an obvious mistake that any teacher could make. The greatest idea will fall flat without understanding what to consider when lesson planning, and as we know all lessons require knowing how to reach specific students and how to respond to their needs as a student. Outlined in this paper is the Framework for Teaching, Core propositions, comparison of framework and propositions, main factors to consider when lesson planning, and how to identify the difference between goals and objectives, as well as observable and measurable objectives. Charlotte Danielson’s Enhancing Professional Practice: A Framework for Teaching (2007), Danielson used the Praxis III assessment and created organized responsibilities for teachers. Within this, there are four domains that were covered in The Framework for Teaching; planning and preparation, classroom environment, instruction and, professio nal responsibilities. She outlines what each of the four domains is and clearly states the key concept and thesis. In 1987, The National Board of Certified Teachers (NBCTs) created a policy of the vision of accomplished teaching that they had. NBCTs also created The Five Core Propositions to â€Å"form the foundation and frame the rich amalgam of knowledge, skills, dispositions, and beliefs.† The Five Core Propositions are: teachers are committed to their students and their learning, teachers know the subjects they teach and how to teach those subjects to the students, teachers are responsible for monitoring and managing student learning, teachers should think systematically about their practice and learn from experience, and teachers are members of a learning community. All five of these propositions outline what every teacher should know and be able to do. Here is a visual organizer comparing the framework of lesson planning to the propositions of teaching by using different colors to categorize it. It is clear to see how the framework for lesson planning comes across in the propositions for effective teachers. Teachers should be able to create plans of goals and activities to help promote learning and implement instruction into their everyday lessons. A detailed lesson plan should consider how to organize and achieve the goals  and objectives of the lesson that is being taught. When a teacher is planning a lesson, they should start with the end in mind. Including several instruction methods to ensure, various learning types are being addressed. To have an effective lesson it has to focus on time allowances to be able to ensure productivity and completion of the extra activities. Once the initial lesson is complete, revisions, adaptations, and sometimes, re-teaching the lesson may be crucial in order to make sure that every student fully understands. Goals and objectives, as well as observable and measurable objectives, are important to have in the lesson plan as well. Goals for a lesson are an outline for students to understand the direction that they are intended to go in. Goals are not measurable. Objectives clearly define the goal, including measurable and observable behaviors. A method if setting clear objectives in lesson planning is to use S.M.A.R.T., which is an acronym for (S) Specific, (M) Measurable, (A) Attainable, (R) Realistic or relevant, and (T) Time Limited. For Example teaching students how to draw a triangle is the goal. The objective is that students will show their understanding by (a) identifying the correct and incorrect triangle, (b) correctly draw a triangle. This behavior is observable of the triangle identified correctly and drawn correctly. The measurable objective is to have 80% of the class showing they can do both of these things without help. Teaching to a captive audience is a huge responsibility. To be able to honor this responsibility it is our duty as a teacher to create engaging and nourishing lessons for every student. As well as being able to understand the logic, method, and clear process of lesson planning that will allow observable and measurable success in the classroom. References National Board for Professional Teaching Standards (2014). The Five Core Propositions. Retrieved on October 17, 2014 from www.nbpts.org Methods for Effective Teaching: Meeting the Needs of All Students, Sixth Edition, by Paul R. Burden and David M. Byrd. Published by Pearson. Copyright 2013 by Pearson Education, Inc. http://www.madison.k12.al.us/personnel/NBCT/TchrInfo.htm. Retrieved October 17, 2014.

Anil Ambani: a Biography

————————————————- Anil Ambani From Wikipedia, the free encyclopedia | This  biographical article  needs additional  citations  for  verification. Please help by adding  reliable sources. Contentious material about living persons that is unsourced or poorly sourced  must be removed immediately, especially if potentially  libelous  or harmful. (June 2012)| Anil Ambani| Born| 4 June 1959  (age  53) Mumbai,  Maharashtra,  India| Residence| Mumbai, Maharashtra, India| Nationality| Indian| Alma mater| University of Mumbai The Wharton School|Occupation| Chairman of  Anil Dhirubhai Ambani Group| Net worth|   $6 billion (2012)[1]| Religion| Hinduism| Spouse(s)| Tina Munim| Children| 2[2]| Parents| Dhirubhai Ambani Kokilaben Ambani| Relatives| Mukesh Ambani  (Brother)| Website| Anil Ambani| Anil Dhirubhai Ambani  (Gujarati:   ( ) ), born on 4 Jun e 1959, is an Indian businessman. He is the chairman of  Anil Dhirubhai Ambani Group, one of the largest private  conglomerates  in India. Anil's elder brother  Mukesh Ambani, who heads as the chairman ofReliance Industries. 3]  The Ambani family is the richest family in India and one of the richest in the world, their wealth inherited from  Dhirubhai Ambani, founder of largest Indian conglomerate Reliance Group. [4]  He is known for having had affairs with bollywood divas and his affair with Sushmita Sen is well known. He is a member of the Board of Overseers at the  Wharton School of the University of Pennsylvania. He is also the member of the Board of Governors of the  Indian Institute of Technology Kanpur;  Indian Institute of Management,  Ahmedabad. citation needed]  He is a member of the Central Advisory Committee,  Central Electricity Regulatory Commission. In March 2006, he resigned. He is also the Chairman of Board of Governors of  DA-IICT,Gandhi nagar. [5] Contents  Ã‚  [hide]   * 1  Career * 2  Awards and recognition * 3  Personal Life * 4  Bibliography * 5  References * 6  External links| ————————————————- [edit]Career Ambani joined  Reliance Industries, the company founded by his late father  Dhirubhai Ambani, in 1983 as Co-Chief Executive Officer and is credited with having pioneered many financial innovations in the Indian capital markets. citation needed]  For example, he led India's first forays into overseas capital markets with international public offerings of global depositary receipts, convertibles and bonds. He directed Reliance in its efforts to raise, since 1991, around US$2 billion from overseas financial markets; with a 100-year  Yankee bond  issue in January 1997 being the high point, after which people regarded him as a financial wizard[citation needed]. He along with h is brother, Mukesh Ambani, has steered the Reliance Group to its current status as India's leading textiles, petroleum, petrochemicals, power, and telecom company. [citation needed])[citation needed]  He is a close friend of movie star  Amitabh Bachchan  and  Subrata Roy. One of his major achievements in the entertainment industry is the takeover of  Adlabs, the movie production to distribution to multiplex company that owns India's only dome theatre and the recently announced joint venture worth US$ 825 million with  Steven Spielberg. [citation needed] He has been embroiled in a dispute with his brother, Mukesh Ambani, over the supply of gas from the latter's KG basin. citation needed] He recently topped Business Sheet's â€Å"world's biggest loser† list of business leaders who lost money in the late 2000s recession,[6]  losing $32. 5 billion in 2008, which brought him out of the top ten list to number 34 in 2009. ————— Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€- [edit]Awards and recognition * Conferred the ‘Businessman of the Year 1997' award by India's leading business magazine  Business India, December 1997. [citation needed] ————————————————- [edit]Personal LifeAnil Ambani is married to  Bollywood  Actress  Tina Munim  and has two sons Jai Anmol and Jai Anshul. [7]  He has taken part in the  Mumbai Marathon  race. Ambani is also a fan of  Premier Leagueclub,  Newcastle United  and was extremely close to buying the club in September 2008. In June 2004, Anil was elected as an Independent Member of the  Rajya Sabha  Ã¢â‚¬â€œ upper house of the Parliament of India. He is a  vegetarian. [8]He is known for having had affairs with bollywood divas and his love affair with former miss universe Sushmita Sen is well known. [9]

Is Organic Food Better? Essay

There have been many different food trends over the years. We have been told about eating low fat diets, zero carb diets, and now organic. If you are like many others, there is a good chance that you have heard that organic foods are healthier to eat. They contain more vitamins, minerals, enzymes and taste than engineered produce do. Organic foods are also free from insecticides, pesticides, growth hormones, antibiotics, fertilizers and a whole host of other toxic artificial additives, flavorings, colorings and preservatives. Organic foods are better tasting, more nutritional, better on the environment, and ethically more appealing. What does it mean for food to be organic? When food is grown naturally, it is considered organic; that is, without the use of synthetic pesticides, irradiation, artificial fertilizers, or biotechnology. The growing and tending process is what really defines a food as organic. According to the United States Department of Agriculture (USDA), the soil is thoroughly tested and must be free of chemical exposure for at least three years. The food farmers produce must be free of any chemical or genetically engineered ingredients and must not have been raised or produced with any drugs or hormones. Organic certification procedures require that the food producer and/or distributor keep detailed written records (of where, when, and how the food was produced) and keep the organic food segregated from non-organic food if working with both foods (United). The term â€Å"organic food† is not a new concept. It has been around for as long as agriculture has been on the earth. Food was organic until someone decided to change the way that food was produced. Within the last century a large supply of synthetic chemicals were introduced into the food supply. Farmers, in fear of insects, started using pesticides to kill the insects. They also used synthetic fertilizers (especially nitrogen) to make plants grow fast. Nitrogen-driven growth produces weak, watery, and overly leafy plants which are more vulnerable to insects causing farmers to use more pesticides. Pesticide spraying has contributed to serious health problems for workers on these farms. In the article â€Å"The Truth About Organic Foods,† Jessica. DeCostole writes â€Å"Some studies have linked pesticides in our food to everything from headaches to cancer to birth defects — but many experts maintain that the levels in conventional food are safe for most healthy adults. † Most of the pesticides and fertilizers run off, polluting streams, rivers, oceans, fisheries, and drinking water. Organic farming does not use as harsh of chemicals as conventional farming. This makes it better on the soil and the water supply. People who oppose organic farming argue that organic farming requires twice as much land to grow the same amount of food as conventional farming does. Organic farming may require more land, but it is not double as what conventional farming uses. While organic farming usually requires more land, it is not double. Since the soil is not being depleted, organic farmers can use their land for longer periods of time. Organic farming can also produce higher yields and profits when it is done correctly. According to Jane Goodall in Harvest for Hope: A Guide to Mindful Eating, the top 25 percent of sustainable farmers who farm without the use of chemicals have higher yields than industrial farmers in the United States (161). There’s no question that organic foods are frequently more expensive than comparable conventional foods. Some of this can be attributed to the reduced production costs that can be achieved through commercial fertilizer and chemicals. Some of the price difference can also be attributed to the economies of scale enjoyed by the large multinational food companies, but these food systems are not on a level playing field. U. S. farm policy infuses billions of dollars into the conventional food system and keeps commodity prices artificially low. In the article â€Å"Seriously, Now – Why Aren’t Organics Getting Affordable,† Christy Harrison states â€Å"Conventional crops are heavily subsidized by the federal government in the United States, making them artificially inexpensive. Couple those subsidies — which have been in place since the New Deal — with the cost of cleaning up pollution and treating health problems created by conventional farming, and we’re paying a lot in taxes in order to pay a pittance at the grocery store. † Furthermore, conventional crops have been aided by decades of public and private research and development. Organic food systems receive only a tiny fraction of the agricultural research funds. The problem is not so much that organic foods are expensive; it’s that government policy has made conventional foods too cheap and that hurts farmers, rural communities and the environment. Effectively reducing the price discrepancy requires changes in public policy and strengthened food regulations. As consumers, the best thing we can do to reduce the costs of local and organic is to purchase local and organic. As more consumers choose organic, and a larger network of organic farmers develop innovative practices, prices will inevitably narrow between conventional and organic products. The growing organic market will also induce more public and private investment. Some argue that organic food doesn’t necessarily taste better than conventional food. Taste is subjective though. It is one of the five senses able to detect the flavor of substances. The flavor of food in the mouth is partially contributed to taste. Smell is also a factor. â€Å"The aroma of food contributes up to 80% of what we perceive as taste† (Benefits). The difference between conventional food and organic food is that conventional food contains preservatives to make it last longer. Organic food does not. It is often produced on farms near where it is sold, so it tends to be fresher when eaten. Consumers need to be careful though when buying organic. Multi-national corporations have started to buy some of the organic lines on the market, creating organic factory farms. These farms â€Å"produce monocrops and ship the product cross-country† (Goodall 164). Shipping the food from these monocrops across the country is a bad thing for the environment. Those against organic foods argue that it is not any more nutritious than conventionally grown food. In an interview with Dan Childs of ABC News, Robyn Flipse states â€Å"There is no good evidence that organically grown plants or animals are nutritionally superior to conventionally grown. † Many studies have been attempted to determine if organic food is more nutritious to conventional food, but the problem is variability in how these studies have been conducted. It is difficult to compare findings when there is so much variability (Prosser). It is possible for organically grown fruits and vegetables to contain slightly higher levels of Vitamin C, trace minerals, and antioxidant phytonutrients. It all depends on how it is grown. Foods depend on soil and water for their nourishment, and cleaner soil and water means cleaner food. It is that simple. It is important for us to make a commitment to living a healthier life, and eating healthy is one way to do that. It isn’t just about eating more fruits, vegetables, whole grains, and good fats. We also need to consider food safety, nutrition, and sustainability. How our foods are grown and raised affects the environment as well as our health. According to Samuel Fromartz in Organic, Inc., â€Å"Buying and consuming organic food has come to be viewed not only as a means of avoiding harm, but as a benefit in itself, a personal way of aligning nutrition, health, and social and environmental well-being† (16). Clearly, more research on the possible health benefits of organic foods is needed. That is not the only reason why people are buying them, but it is an important one, and we need more data. Still, it is fair to say that critics are clearly wrong when they try to argue that there is â€Å"no evidence whatsoever† that organics are better than conventional foods. More evidence is needed, but there are some early signs that organic supporters may have been right all along. Works Cited â€Å"The Benefits of Organic Food: Why Organic Food is Better. † Natural Health Guide. Natural Health Guide, 2010. Web. 21 Feb. 2013. Childs, Dan. â€Å"Are Organic Foods Better for You? † ABC News. ABC News, 29 Nov. 2006. Web. 21 Feb. 2013. DeCostole, Jessica. â€Å"The Truth About Organic Foods. † Redbook. Redbook. Web. 21 Feb. 2013. Fromartz, Samuel. Organic, Inc. Orlando: Harcourt Books, 2006. Print. Goodall, Jane, Gary McAvoy, and Gail Hudson. Harvest for Hope: A Guide to Mindful Eating. New York: Time Warner Book Group, 2005. Print. Harrison, Christy. â€Å"Seriously, Now – Why Aren‘t Organics Getting Affordable? † Grist. Grist, 25 Aug. 2005. Web. 21 Feb. 2013. Prosser, Erin. â€Å"Nutritional Differences in Organic versus Conventional Foods: And the Winner Is†¦Ã¢â‚¬  Scientific American. Scientific American, 11 Aug. 2011. Web. 21 Feb. 2013. United States Dept. of Agriculture. National Organic Program. US Dept. of Agriculture, April 2008. PDF file. Self Evaluation I was not aware of using any of the rhetorical strategies while writing this piece. When I write, I research my topic and just write what comes to mind. It is not something that I think about when writing. As I look back at what I have written, I see that I have used a combination of these strategies. I would say that I have used ethos by using proper grammar. I am always watching my spelling and punctuation while writing. It is something that I cannot ignore. I am not like some people that just write and go back and edit afterward. I do most of my editing as I write. I have shown pathos by trying to appeal to the reader’s emotions about our health and environment. I have shown logos by the credible sources I have used, like Jane Goodall. In this piece, I mention a few of the arguments against organic food and counter them with why they are wrong. There are many who are against organic food, but their reasons for being against it do not hold up well. I was able to show sources that backed up why the reasons against organic food are wrong. I really cannot say that any of the techniques (reading responses, writerly practices, or peer reviews) helped me. The peer review for my rough draft was available for me to review for this paper. It was nice to have some feedback on my paper, though I do not feel it made a difference.

Business Economics Essay Example | Topics and Well Written Essays - 1500 words

Business Economics - Essay Example Euro crisis is supposed to result in negative growth for the next upcoming six months. Apart from US, the British are encountering the problem of double dip recession (Winnett, 2011). Currently OECD is giving warning to the US government about an emerging economic slowdown that the country might have to encounter soon. OECD claims to derive such a result from the composite index of the leading indicators. Such alerts have been issued for the seven major economies. It is mostly using CLI instrument to get early signals of downturn from the upswings and downswings within the periodical growth cycle. Such an instrument will surely help OECD to send out early alerts to the economies (Major economies globally heading towards slowdown: OECD, 2008). Symptoms for such a slowdown will be continuous fluctuations in business cycles. Such fluctuations will linger for a long period of time. Slowdown in the euro zone will lose out the confidence of investors especially in the financial markets. Th is could be the main reason behind output contraction in the major economies. United States is already experiencing cyclical slowdowns. Such a trouble had not touched US economy in the last 10 years (Major economies globally heading towards slowdown: OECD, 2008). Preannounced liquidity shocks have been hitting the US economy. Due to such shocks US economy is undergoing unexpectedly large price changes. In recent times jumps in US treasury bonds have been identified (Jiang and George, 2011). Earlier in 1999, OECD had predicted much slower growth in the overall industrialization process for the United States. Accordingly there has a decrease in the short term rate of Federal Reserve Board (Wessel, 98). As per OECD, such a slow and weak growth for the United States is likely to continue till 2013. This will continue along with high unemployment (Winning and Parussini, 2011). The current economic crisis and the Federal government: There are two schools of thought on how the USA governme nt should deal with its current economic problems. One thought deals with the policy of significant deficit reduction that the Greek and Irish governments have implemented. And the other one deals with the substantive Keynesian stimulus package. The later aspect includes a reform of the tax system in order to make taxation more progressive (Kitromilides, n.d.). Policies of deficit reduction: Policies: During the financial crisis and huge debt crisis situation, governments of Greece and Ireland have taken some policies to surmount those crises. In the face of the huge accumulation of budget deficit, debt crisis, in 2010, the both the governments have taken policies to reduce these crises. At first both the governments have taken steps to reduce public expenditures and increase tax rates. This was a policy of fiscal consolidation plan. Along with this both the governments have asked for the financial assistance to IMF and EU. At the same time these governments have taken steps to init iate long-term structural reforms, such as, increasing competitiveness of the economies by improving employment and growth scenarios, enhancing private sector investments, and most importantly boosting the R&D sector of the economies (Kitromilides, n.d.). Explanations on effectiveness: These policies are still under the scrutiny, but they have been successful in the short term. The policy of reducing public expenditure

City plan of Philadelphia. PA Essay Example | Topics and Well Written Essays - 3000 words

City plan of Philadelphia. PA - Essay Example Now is the time to set in place a plan for that future so that current and future residents can once again feel the pride and joy from living in the city of ‘brotherly love’ and a home known for its acceptance of immigrants from all cultures and ways of life. This plan for a new Philadelphia is designed to span only ten years, as time cannot be wasted to get the city back on track towards that prosperity and free and independent city that Philadelphia is known for and certainly deserves to realize once again. Philadelphia’s Present Condition Many urban cities in America are currently facing problems of various sorts. Philadelphia is certain no exception. From infrastructure to education, and budgetary to water issues, Philadelphia is currently going through its fair share of challenges that threaten its very existence. One aspect of Philadelphia that has seemingly not changed over the years, however, is the resiliency of the people. The residents of the city are a vid sports fans, devoted to the area, and consist of multiple generations of families that have called Philadelphia home through the centuries. As such, while these conditions paint a dire picture, they do not truly capture the essence and sprit of the city as a whole. Problems can certainly hurt development and growth, but Philadelphia is well positioned to confront any challenge that it faces and often will arise being a stronger and more determined people as a result. Let us consider for a moment the current state of various issues within the city of Philadelphia as a whole. The first noticeable trend is that, after years of decline, the population of the city has recently started to rise once again. This indicates a movement back to the city a trust in the promise of the future, in spite of the current difficulties currently being encountered. In addition, with all of the negatives being encountered by the educational system, it is encouraging to note an increase in test scores. With the passing of the No Child Left Behind Act in 2001, Philadelphia has encountered over a decade of failing schools systems and poor performance on mandated state testing. While there is still much work to be done in this regard, and Philadelphia as a whole still possesses a most fractured and disjointed educational system, the progress being currently demonstrated is promising and encouraging to the residents of the city. Prior to 2011, Philadelphia had one of the lowest high school graduation rates of urban cities within the United States. Recently, however, even this statistic has begun to reverse itself into positive territory. There graduation rates throughout the city have actually gone up in recent years, and it is estimated that the percentage of adults that have obtained a college degree is now nearly 23 percent. This is figure that many residents of the city thought they would never see. Truth be told, however, these numbers do not paint the whole story. The physical buildings housing many of the city’s educational institutions are crumbling due to age and lack of proper maintenance. The District has long been plagued with budgetary concerns, and the teacher’s have had numerous labor disagreements with the city in recent years. This, coupled with demographic issues also facing Philadelphia has created a perfect storm of trouble for

The Effects of Over-processed Foods in the United States Essay

The Effects of Over-processed Foods in the United States - Essay Example Since invention of processed foods, people directed their time towards microwavable dinners and tasty preserved artificial snacks instead of home cooked meals from local ingredients. As soldiers needed fast, travel-safe foods, the introduction of these processed foods came as a real blessing to them. During the war many women went to work, creating little time to cook at home. Continuing into the 1970’s, soy, corn and cattle became the staple food products when the age of canned, frozen and boxed foods became easily accessible. Most of these products turned into low fat and low-carb foods, which allow large food industries to sell unhealthy foods masked as healthy foods. Red meat consumption in the United States has then continued to rise with 58% of citizens consuming it. In 2003-2004, the consumption of processed red meat was averaged at 128 grams per day, with variations in race, gender, education and age. The nutritional value of a granola bar in another case more closely resembles a candy bar than granola. These foods are easily accessible and marketed to make people believe they are getting a sufficient amount of nutrition while on-the-go. Unfortunately, the public is not aware of the true ingredients that are used to make these foods.

Client Letter Essay Example | Topics and Well Written Essays - 750 words - 1

Client Letter - Essay Example However, on the flip side, there is an advantage that de loan payment is tax deductible and that means that the corporation ends up savings on its tax burden as the progressing payment are made. Given above considerations, the issue is which of the two, debt financing and equity capital in relation to the new corporation; it is advisable to use equity for capital formation. This choice would reduce the risks for the corporation given that it is a new venture. Since the corporation is venturing in a new territory, it is advisable to consider the high risk involved as well as the tax obligations. In this respect, equity capital formation is advised because the corporation will not be in the hook in case of failure. It also offers a flexible payment regime for the corporation .On the same note; the choice would have a positive attribute to the new venture if it is able to acquire investors. That would boost the chances of future prospects for the

Management Essay Example | Topics and Well Written Essays - 500 words - 13

Management - Essay Example Also his duty is to prioritize things, lead towards actions and behaviors and assign tasks and duties. Management is important to individuals because it teaches them to conduct their own selves in accordance with set codes and procedures. It also asks of them to remain alert of the changes that are happening around them. Management is important as it ascertains their willingness towards different tasks and roles that are assigned upon them. Management is an art that is governed by only those people who make the best use of this skill in order to get the particular job done through their actions, behaviors and decisions. These undertakings are carried out by the people who work under the manager. Management is a very comprehensive aspect that entails within it scheduling tasks, prioritizing responsibilities and assigning individual duties. The four functions of management are related as they come about in a particular sequence. Planning is the foremost function without which no management activity can come about. Organizing makes sure that whatever has been planned comes into a solid basis. Controlling takes care of the responsibilities and delegated duties upon the individuals, and lastly leading is a comprehensive duty that rests solely with the manager who is indeed the man in charge. Managers have quite a few resources that are available at their disposal. They have teams working under them. Also the financial aspects are taken care of by the managers as they prioritize things and thus look to settle problems which arise on a consistent basis. Other resources include the meeting up of organizational expenses, time management aspects and other management related concerns (Allen 1999). Resources related to production as there is a definite link between the two. If the resources are not made available, it is quite possible that the production for the sake of the organization would not come about in an easy way. Hence it is

What are the advantages and disadvantages of using participant Essay

What are the advantages and disadvantages of using participant observation - Essay Example Moreover, the concept of participant observation also requires maintaining a reasonable distance between the participants and the researchers so that the process of observation is not affected (Atkinson & Hammersley, 1994). Participant observation is a data gathering technique used to understand and examine the thoughts, feelings and views of the participants under their normal routine life (Adler & Adler, 1994; Wiersma, 1995). They are observed in their normal or regular milieu. The method involves the observation of participants’ behavior and requires the participant observer to look closely, listen carefully and ask sensibly (Lofland, 1971). The aim of this paper is to define participant observation in detail by describing the advantages and drawbacks of this method as a researching method. Moreover the paper suggests some possible steps to overcome the weaknesses of this method. Participant observation is widely known as a technique to collect qualitative data. The idea of participant observation is similar to other qualitative techniques which are based on the assumption that there are multiple perceptions about a particular issue in the associated population. Participant observation is always carried out in a community setting. The distinct feature of participant observation is that it does not distract the participants from their normal behavior. Other research techniques include surveys, interviews, questionnaires etc. All these techniques do not ensure the normal and actual attitude of people. People may answer the way the observer wants them or there may be a diplomatic response to the questions in the surveys and interviews. An example can be taken as a slight or considerable change in a person’s natural behavior due to the presence of television camera capturing him. However, the use of Participant observation ensures the correctness of the c ollected data if the observer knows how to tact situations and keep the observations away from

The Role of Management in Entrepreneurship Assignment

The Role of Management in Entrepreneurship - Assignment Example The manager has to compare the input to the organizational goals and ensure that they can be attained using the resources in the organization. Planning ensures that the managers are prepared for the challenges that may affect the organization during its operations (Pride, Hughes & Kapoor, 2012). Assigning tasks to the departments in the organization is referred to as organizing. Organizing ensures that the plans made by the management translate into actions. The tasks assigned to the department should be consistent with the set goals. The success of individual departments contributes to the overall achievement of the organizational goal. Motivation is another managerial function in the organization. A manager should ensure that his workers are motivated to ensure that they work towards achieving organizational goals. The final managerial function is control. The manager has to control the use of resources to ensure that organizational goals are prioritized. The manager should evaluate the performance of the organization on previous and current projects. The manager has to ensure that the organization's performance improves through control of all ongoing processes in the organization. Management dates back to historic times with the term being used in industries, and control of manual laborers. The term has evolved with the improvement of technology in the modern world. Management theory is crucial to the organization as it improves the productivity of the workers. The organization whose staff understands management theory is competitive compared to other organization in the industry.

Outline the key features of utilitarianism Essay Example for Free

Outline the key features of utilitarianism Essay The theory of utilitarianism was developed by and associated by Jeremy Bentham and utilitarianism is a teleological ethical theory where the moral value of an action can be judged by its consequences. Three main philosophers have come up with different types of utilitarianism. Jeremy Bentham introducing Act Utilitarianism and John Stuart Mill trying to improve the flaws that he encountered with Bentham’s theory with his Rule Utilitarianism and lastly, Peter Singer with his preference utilitarianism. Act Utilitarianism is the original and official form of utilitarianism which states that we must on any occasion act in the way which will produce overall consequences better than those that any other act open to us would produce. Therefore, the greatest happiness principle should inform on any act that we undertake. It only focuses on the outcome of the action and not concerned with the motive or intention of the action. Jeremy Bentham, being an hedonist, which he believes that all humans naturally seeks pleasure and tries to avoid pain. He stated â€Å"nature has placed mankind under the government of two sovereign masters, pain and pleasure†¦ they govern us in all we do, in all we say, in all we think. † Therefore, according the Bentham, an action is right if it brought more pleasure and wrong if it produces pain. Once Bentham had established that pleasure and pain were the important qualities to determine the moral values, he then developed the utility principle. The rightness or wrongness of an action is determined by its usefulness. Usefulness refers to the amount happiness caused by the action. The theory is known as the greatest happiness principle which is ‘an action is right if it produces the greatest happiness for the greatest number of people,† believing that this would create happiness, and an intrinsic key to life. The possible consequences of different actions must be measured clearly to establish which option generates the most pleasure and the least pain. He introduced the hedonic calculus to measure the consequences. The Hedonic Calculus has seven different elements which include that intensity, duration, certainty or uncertainty, propinquity, fecundity, purity and extent of an action. Act Utilitarianism states that the principle of utility should be applied to every individual situation. John Stuart Mill saw Bentham’s theory and tried to improve it in his own way which he introduced Rule Utilitarianism. Rule Utilitarianism teaches that we should establish rules based on the greatest happiness principle and then follow these rules. Therefore there is no need to decide the greatest happiness in every situation because following the rules should in general produce the greatest happiness for the greatest number. Individual acts can therefore be judged as right or wrong by reference to the rules. Mill’s basic idea was that pleasure of the mind that spirit were more value than pleasure of the body. He believes that higher pleasures are generally more intellectual pleasures such as learning, reading and so on. Whereas, lower pleasures are more sensual pleasures such as eating, drinking, sex, etc. Therefore, reading a book, learning something new would be far superior and preferable as humans can only experience these. He said, â€Å"it is better to be a human being dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied,† this means that humans are much more capable of experiencing higher pleasures than animals. Therefore, even if humans are dissatisfied their knowledge of such higher pleasure makes their lives better than animals. Rule Utilitarianism can be divided into two sections which is Strong and Weak rule utilitarianism. Strong rule utilitarians always follow these rules no matter what the outcome will be and believe that these rules should never be broken. Weak rule utilitarians however believe that these rules can be broken if more pleasure is produced. Lastly, Peter Singer’s modern version of utilitarianism which is Preference Utilitarianism. Preference utilitarians believe that something is right if it leads the greatest fulfilment of preference for as many as possible. They consider whether a decision is right or wrong by looking whether it fits in with what people would prefer. Peter Singer was concerned about the minorities and felt that they should also be included when considering what is best for everyone. He also believes that animals have preference, not just humans. And this is because they also feel pain and they have a preference to not feel pain.

The use of current cultural ideas and beliefs Essay Example for Free

The use of current cultural ideas and beliefs Essay The media today has learned that the use of current cultural ideas and beliefs is a strong way to get the consumers attention as well as get their point across. Marketing firms, networks, and production companies have learned that if they culturally relate their product or story to the public, then that would attract more viewers and attention, which in return is money for them. There are many different examples of how marketing firms do this, but is there a movie, show, ad, or song that is just for entertainment only. It is very hard to find a part of the media that is Entertainment Only and not trying to portray a part of our cultural beliefs. The media has a way of portraying what they believe is a problem or their side of an issue. This procedure can sometimes cause the wrong impression or idea within a persons mind. This is not just in the news media; this is also in music, movies, or books. There are many different types of media. The media can range from music, movies, television, books, newspapers, etc. The area that I believe shows the least amount of issues is the music industry, and more specifically the country music industry. Cultural imperialism is defined as the cultural aspects of imperialism. Imperialism, here, is referring to the creation and maintenance of unequal relationships between civilizations favoring the more powerful civilization. Many scholars employ the term, especially those in the fields of history, cultural studies, and postcolonial theory. The term is usually used in a pejorative sense, often in conjunction with a call to reject such influence. Cultural imperialism can take various forms, such as an attitude, a formal policy, military action, so long as it reinforces cultural hegemony. The term emerged in the 1960s. and has been a focus of research since at least the 1970s. Terms such as media imperialism, structural imperialism, cultural dependency and domination, cultural synchronization, electronic colonialism, ideological imperialism, and economic imperialism have all been used to describe the same basic notion of cultural imperialism. Definition Various academics give various definitions of the term. American media critic Herbert Schiller wrote: The concept of cultural imperialism today [1975] best describes the sum of the processes by which a society is brought into the modern world system and how its dominating stratum is attracted, pressured, forced, and sometimes bribed into shaping social institutions to correspond to, or even promote, the values and structures of the dominating centre of the system. The public media are the foremost example of operating enterprises that are used in the penetrative process. For penetration on a significant scale the media themselves must be captured by the dominating/penetrating power. This occurs largely through the commercialization of broadcasting. Tom McPhail defined Electronic colonialism as the dependency relationship established by the importation of communication hardware, foreign-produced software, along with engineers, technicians, and related information protocols,that vicariously establish a set of foreign norms, values, and expectations which, in varying degrees, may alter the domestic cultures and socialization processes. Sui-Nam Lee observed that communication imperialism can be defined as the process in which the ownership and control over the hardware and software of mass media as well as other major forms of communication in one country are singly or together subjugated to the domination of another country with deleterious effects on the indigenous values, norms and culture. Ogan saw media imperialism often described as a process whereby the United States and Western Europe produce most of the media products, make the first profits from domestic sales, and then market the products in Third World countries at costs considerably lower than those the countries would have to bear to produce similar products at home. Downing and Sreberny-Mohammadi state: Imperialism is the conquest and control of one country by a more powerful one. Cultural imperialism signifies the dimensions of the process that go beyond economic exploitation or military force. In the history of colonialism, (i. e. , the form of imperialism in which the government of the colony is run directly by foreigners), the educational and media systems of many Third World countries have been set up as replicas of those in Britain, France, or the United States and carry their values. Western advertising has made further in roads, as have architectural and fashion styles. Subtly but powerfully, the message has often been insinuated that Western cultures are superior to the cultures of the Third World. Cultural Imperialism Culture is not static; it grows out of a systematically encouraged reverence for selected customs and habits. Indeed, Webster’s Third New International Dictionary defines culture as the â€Å"total pattern of human behavior and its products embodied in speech, action, and artifacts and dependent upon mans capacity for learning and transmitting knowledge to succeeding generations†. There is today a heightened sense of connectedness and familiarity with people, events and cultural ways of living in distant places due to the capabilities brought about by the advancements in information and communication technologies. The television in particular global media, have not only made it possible but also fairly easy the interaction with other cultures through the availability of global communicative networks and social structures. These media organisations not only support but make it possible to bring distant images and content from one part of the globe to another within seconds. These immediate mediated experiences have led to the reduction in distance between individuals, society and nation states in terms of both time and space. Inadvertently, this process plays a significant role in cultural globalization by providing an extensive transnational supply of cultural media products from an international media culture and presents a challenge to existing local and national cultures. The proponents of cultural imperialism and media imperialism have long argued that global media with their continuous supply of western-based cultural content and their extensive structure promote a restructuring of cultural and social communities in developing countries. As such, global media is purported as having a crucial role in cultural globalization with their tendency toward homogenizing communities. Nevertheless, to assume cultural globalization as replacing the local ways of living is to presuppose the lack of resilience and creativity on the part of local cultures and also to overstate the role of the media technologies in shaping societies. It cannot be denied that of late there is an ever-growing increase and tendencies toward the consumption of transnational economic and cultural products. It is inevitable that the future years will see a greater struggle between the tensions toward globalization and the attempts to maintain and consolidate national communities. Media may have either a temporal or spatial bias, either making communication more durable over time or expanding the space across which communication may take place. The scope of such a bias can shape social, political and cultural relations as well as institutions. The development of communication technologies in the past few decades shows a tendency for spatial bias, resulting in greater ease in reaching remote parts of the world and crossing visible and invisible barriers. As a result, new communication technologies have proven effective in closing gaps in communication by ignoring national or communal boundaries as well as social differences. The consequence of adopting a new communication technology often goes beyond its basic function as a communication tool. Quite often, controversy arises over the impact of new technologies, which have been described as tools both to strengthen and weaken democratization, and both to liberalize and control the information flow. Excessive generalizations about the impact of media technologies, such as techno-positivism, techno-neutralism and techno-negativism, often fail to take into account various differences in social environments in which the technologies operate. Comments The issue of cultural imperialism emerged largely from communication studies. However, cultural imperialism has been used as a framework by scholars to explain phenomena in the areas of international relations, anthropology, education, science, history, literature, and sports. Censorship is a growing issue in Malaysia as it attempts to adapt to a modern knowledge-based economy. Malaysia has one of the worlds strictest forms of media censorship, with nearly a hundred movies banned in this decade alone on the pretext of upholding morality. The Internet however remains unfettered in line with upholding civil liberties and maintaining democratic spaces. In 2010, Malaysia was ranked 141st in the Worldwide Press Freedom Index by Reporters Without Borders. It was also given a Partly Free status on the Freedom in the World report by Freedom House in 2008. On the Freedom in the World index, graded on a scale of one to seven, with one being the most free and seven being the least, Malaysia obtained four points for both political rights and civil liberties. Unlicensed use or possession of a printing press is illegal under the Printing Presses and Publications Act of 1984. Journalists are frequently given guidelines by the Prime Ministers Office when reporting sensitive issues, and media self-censorship is encouraged. The Film Censorship Board of Malaysia is the government agency responsible for granting licenses to the films for viewing. Malaysias censorship guidelines started out relatively lax. The guidelines were tightened in 2003 amid rising Islamic conservatism: kissing scenes and cleavages were censored, nudity and sex scenes were cut, and many movies were banned altogether. Censorship guidelines for local movie productions were subsequently eased in March 2010. After the negative reactions towards the censoring of an article concerning the 2011 Bersih 2. 0 rally, in mid-August 2011, Prime Minister Datuk Seri Najib Tun Razak stated that media censorship is no longer effective and that the government will review its current censorship laws. In today’s digital society, the increasing use of the internet had penetrated into many aspects of the civil society worldwide. One of the usages that are of concern is the emergence of social media in public discourse. The social media provides citizens with a medium that is relatively easy to access and free from government control. As such it becomes a space for public opinion expression, sharing of information, criticizing the status quo and voicing concerns on matters of personal and public interest. This study is interested in describing the potential role of the social media in breaking the hegemonic dominance of the mass media in Malaysia. Malaysians ability to communicate in real time in a borderless world with the aid of communication technology had redefined space and time where immediacy and transparency in global connections is heightened (Palmer, 2007). Access to information benefits the citizenry, as it would enable them to obtain as much information as possible to make appropriate decisions on matters of importance to them. Access to information also means access to sources in the Internet that may be placed by normal citizens who have their own views on current issues.  Participation here means the rights of citizens to air their views, their grievances and placing their stand on issues. Social media also encourage active discussions of issues. Conclusion The social media in a way functions like that of a normal mass media, containing information that is newsworthy to citizens. It enables the flow of information that is freer, more diversified and more immediate. This is said to be the equilibrium function of social media as it enables active citizens that are denied access of information to set up their own medium such as blogs and thus enabling others to have access to the information contained in them. Access to citizen information is the participative function of the social media. Citizens, through their ability to form information centers, to transmit information, and to share information, will feel a sense of participation in society particularly in the political discourse. If they have an opinion toward a certain issue they would get others to sympathize with them in efforts to win them to their side. It is also a forum for citizens who share the same perspectives to â€Å"gather† and interact without actually meeting face-to-face.

Pizza Hut Data analysis

Pizza Hut Data analysis Introduction Earlier chapters have set the stage for carrying out of this research. This chapter builds on the previous ones by reporting the results of the data analysis. The primary data collected through interviews and questionnaire is presented in graphs along with analysis and findings. From these analysis researchers will be able to proceed towards conclusion and recommendation. Qualitative Data analysis This part of chapter will analyse the interviews conducted with pizza hut management. Strategy Importance To find out and analyse strategy planning and its importance researcher asked questions from Pizza hut management ‘What was the strategic planning behind ERP (MICROS)’ and ‘What were the main objectives behind ERP (MICROS), and Is Pizza hut as an organisation able to achieve those objectives?’. In reply to these questions Operational support manager replied. Strategic plan behind ERP system was to be a market leader in fast food market and to provide excellent customer service through ERP implementation. According to Operational support manager and area managers of pizza hut the objectives behind ERP were to run the business more efficiently, better product quality and customer service, enhanced financial procedures through real time figures and effective marketing through customer information. (Hammer champy, 1993) presented theory of business process reengineering, in their theory they explained that very basic rethinking and essential reforming of business processes to obtain remarkable improvements in current performance is called business process reengineering. Hammer further described information technology is the important factor to help BPR. Pizza hut management identified ERP systems are very expensive to install. The hard work not only finished after installation but organisation have to do more to manage them. So to do all this Pizza hut needed a firm strong strategy. According to (Porter, 1996) simply we have no idea what is strategy and how we can build a good strong strategy. But on the other hand Whittington and Mintzberg helped to give the tools for strategy making. Pizza hut operational support managers answer showed that pizza hut strategy is pre-planned where as an organisation pizza hut management consider not only to install ERP but they also had looked after installation phase and ERP management. Beside this some particular objectives demands for a strong and firm strategy. (Bendoly, 2005) Informed that every time organisations handling ERP projects they should have corporate level strategy for ERP. Unlike Mintzberg emergent school of thought where he highlighted that in organisation normally people don’t know about strategy and certain procedure developed into strategy. (Robert Norton, 2008) made intereting point he said both strategy and opertional approachs helps to minimize risk and manage risk. Operational manager, area manager and store managers all are agree that the basic strategy is growth in sale like earliar Operational support manager said the strategy planning behind ERP was to get maximum share in fast food market and customer service through ERP. (Porter and Millar, 1985) explained corporate level strategy means to make entire organisatin ready for growth and information systems plays vital role in this process that is why ERP are very critical for competitive advantage. According to pizza hut management they are able to achieve their target and as an organisation they are growing. Area manager revleas that pizza hut in 2007 sold 35.4 million pizzas in the UK and pizza hut serve over 97,000 pizzas and 171,000 customers a day at pizza hut UK. Overall sale of Pizza hut is more than  £600 million after installing MICROS. Cheshunt store manager informed that the customer complaints are dropped to 2 to 4 complaints per quarter where before MICROS figures were 10 to 12. Reseacher also tried to find out the challenges faced by pizza hut management. So the main purpose of this question was to findout the difficulties and challenges faced by pizza hut management during implementation. ‘What problems did you encounter during implementation’. In reply to this question operations support manager said, although they had pre plans for ERP(MICROS) still they faced lots of challenges and problems. The first big challenge was cost, MICROS entire package was very expensive to buy and implement. After installing MICROS the second biggest challenage was to change employees mind set and organisation culture. (Bendoly, 2005) made interesting points in ERP implementation, he explained after installation most of the time emplyoee do not have believe on information which ERP system provide. Employees do not have importance of information, that how important it is to put accurate information into the system. Bendloy argued employee play important role in successful implementation. Pizza hut area managers also explained that to over come employees behaviour and to tell them how important it is to put accurate information for better analysis and knowledge pizza hut ran a dominanting training program. Which helped to overcome this problem. Store managers agrees that the training imporved employees performance and staff start to take proper phone no, customer information and order information and support managers start performing daily check according to the procedures. (Kling Iacono, 1984) argued that introduction of technology to organisation often produces opportunities for managers to change the way they control workers. Cheshunt store manager told in start the MICROS help desk was not helpful enough. (Kalling, 2003) also pointed out ERP systems are more than installing software programs. He clarified ERP system implementation trigger change in entire organisation. So managers have to think differently to manage change. He further argued that ERP and business process re engineering is linked with each other. Southgate store manager responded it was not easy to manage change in store. It is difficult to change employees mind set and to convience them on new procedures. Training plays important role but it is time taking process. (Frenzel, 1992) also identified that change management is not a easy process. It is a big challenge in management area. Reseacher found Strategy making plays important role in organisation growth. It helps to estimate risk and to look forward in future. ERP plays important role to achieve strategy objectives by improving organisation efficency and customer knowledge. ERP implementation is not only software implementations but it triggers change in organisation.Proper planning and strategy to manage change helps to overcome different change problems. Impact on operations Researcher asked this question from pizza hut management to find out ERP impact on organisation operations and this also was core question of interview. ‘What is the impact of ERP (MICROS) on operation management after implementation?’ In respond to this question Operation support manager explained after implementing MICROS pizza hut communication is improved via intranet and managers are able to have real time figures in quick time. This helps them to improve speed, decision making process, quality of product and customer service. After installing ERP (MICROS) pizza hut is able to store customer information. Operation support manager explained about new term in pizza hut â€Å"Every second counts† thanks to MICROS. (Mintzberg, 1991) also speak in favour of this according to him the most important thing in these days an organisation can have is its knowledge. Organisations always keep moving from one direction to another for better efficiency and innovation. North Area manager identified MICROS helps to forecast for future in the light of customer’s previous order behaviour. MICROS took last 6 weeks sales and customer pattern to provide forecast with such a detail where managers can find out peak and off peak times even on hourly basis. It help managers to improve scheduling, cost of sales. (Mata, Fuerst, barney, 1995) illustrated that resource base theory demands organisation I.T resources should have broad scope in organisation departments. Area manager descried through MICROS pizza hut management is able to control on waste. Because intelligent forecasting allow managers to prepare according to demand this helps to cut cost of sales. Southgate store manager further explained that scheduling is more accurate this leads towards better cost of labour. According to pizza hut area manger MICROS assist to have â€Å"Right people at right place†. By cutting cost of sales and cost of labour through efficient procedures we are a ble to maximize profit. (Porter, 1996) defines operational efficiency as performing organisational functions better than competitors. He further explained operational efficiency leads towards low cost. South gate store managers answer was continuation of porter theory. He also identified MICROS help to give under 3, under 14, under 30 figures which help managers to check the order processing at different levels so they can find out the problem area. Grays store manager revealed that after implementation they have better pre-prep plan. This saves time and increase speed. Customers get better product and service. (Deming, 1986) presented a system where he said to improve quality (Plan, do, check, act). He believes by following this sequence we can improve quality. Operational support manager Operational support manager identified the big step towards online ordering system MICROS]offer pizza hut customers online ordering facility. It is major achievements to enhance customer service, bring accuracy and speed in order processing. (Jashapara, 2004) pointed out that organisations prime objective is to give products and services which can fulfil customers changing demands. Questionnaire figures make Jashapara point more valid where most of the customers like to place order online. Cheshunt store manager told online ordering system save time and cost of labour. When customer order through online it save order taking time and help to cut hours which used to take order on phone. One of Pizza hut Area manager explained since pizza hut introduced online order service pizza hut‘s North area is saving round 2 % labour per week. (Porter, 1985) argued that organisation willing to achieve competitive advantage needs to create value chain. Value chain refers to increase in margin. In order to achieve this margin all the resources of organisation have to perform. Primary data shows that most of the customers like ordering online due to many reasons such as online ordering system allow them to order more accuratly, provide more information about required product and delivery speed is fast. Primary data shows that most of the customers like ordering online due to many reasons such as online ordering system allow them to order more accuratly, provide more information about required product and delivery speed is fast. Researcher found ERP systems have a huge impact on operational management. ERP systems help to make operations efficient and effective. ERP systems help to cut cost and to maximize profit. At the same time assists to improve customer service directly and indirectly. Impact on Decision Making This question was asked from pizza hut management to find out impact of ERP (MICROS) on decision making and what they do different now. ‘Do you think Pizza hut’s over all decision making ability is improved’. In respond to this question all the managers were agreed and their answer was positive. Operation support manager tells MICROS produce real time figures which mean we can see even 10 sec progress from different point of views. This precise information allows managers to act fast, analyse to make accurate and efficient decisions. Communications between different managers are easy and secure. (Liebowitz, 2000) pointed out that in knowledge management major problem is distribution and organising of knowledge. He further explained data mining tool helpful to overcome this problem. Area manager explained managers can reschedule the staff according to business need. If the sale is low and nothing happening manager can check on MICROS how many team member required and can adjust according to that information. (Bacij, Chaffey, Greasley, 2002) explained that organisations want to work effectively their all the activities must be arranged and monitored by managers according to well informed decisions. Operation manager explained MICROS helped to sort delivery area decision making process through drive time reports. These drive time reports provide time to grid delivery area. (senge, 2006) thinks differently and he argued that a person can have a more information because of technical advancement but it create no difference if the person have not appropriate skills to relate this specific information in a functional way. Marketing decision making is improved because of customer order records. Profit and loss accounts are available online. Overall financial decision making is improved. (Howard Dresner, 1989) first time introduced the thought of business intelligence. He explained it as a set of thoughts and methodologies arranged to enhance decision-making in business through the use of information and information-based systems. Store managers were agree that decision making is improved through MICROS. They can have a look on different reports. Decisions about ordering stock are improved. (Davenport Prusak, 1998) thinks oppositely according to them two third of managers information and knowledge came from face to face meeting or through phone discussion. One third information can be gettable through documents. (Rainey, 2006) argued that the main responsibility of executives and corporate management systems is to produce a well designed business model that can provide enhanced strategic direction, control and governance to the organisation. Researcher found ERP provide information distribution to different managers of different departments. Information availability assists to improve decision making process. Through available and real time figures managers are able to take in time and accurate decisions to react accordingly. Customer service and impact on marketing Researcher asked this question to enquire from Pizza hut management which department of pizza hut as an organisation tool most of the advantage from ERP. ‘What is the most improved area in whole organisation processes, e.g. HR, operations or finance.’ The answer was consists on operation, finance, marketing and customer service. Researcher has done detail analysis on operation and finance in this part researcher is analysing marketing department to look ERP impact on marketing. According to Operations support manager ERP facilitate to store customer information and from this customer information different analysis can be done to find out customer trend, their ordering behaviour and spending capacity. This helps to provide more knowledge about customer. (Sveiby, 1996) explained difference between information and knowledge he argued information is not equal to knowledge. Southgate store manager also speaks in favour of this he said customer information helps to build customer knowledge after some analysis. In analysis of customer information we need some particular information to build knowledge. For example customers order frequency and last order. (Polanyi, 1967) presented a theory about knowledge where he identified knowledge is an activity defined as process of knowing. For (Devanport and Prusak, 1998) knowledge is mixture of experience and information. This gives base to develop new skill and information. Pizza hut area manager thinks according to these theories and explained MICROS database store customer contact information, their last order record. Marketing department is using this information to make new deals, special deals to encourage differentcustomers. MICROS’s online ordering systems introduced new marketing procedures which are low in cost and have high effect in outcome. For example through online systems MICROS data base store email of customers and marketing department use this email information to advertise new deals or products. Grays store manager compared before MICROS customer information was only available in store. This means only store management can access that information and store manager do not have the capacity to organise entire marketing department. MICROS enabled share and centralised database which helps to access customer information of all stores from anywhere. (Fiol Lyles, 1985) presented a theory that rapid change in technology and competition bring new way of thinking in organisations and learning improves organisations performance. (Hubber, 1991) also identified the importance of information he said organisation learns the way of information processing is changed. ‘How new customer related knowledge and information is utilised.’ This question was asked to find out how pizza hut as an organisation is using customer knowledge. Operation support manager identified in his answer new customer information helps to keep customer record. This gives great knowledge about customer behaviour. MICROS help to store customer’s experiences with pizza hut. Their ordering pattern helps to analyse peak and off peak time. MICROS online ordering system helps to do effective marketing through website and emails. Marketing department is encouraging customers to order online because online order save time, improve accuracy and customer service and enhance speed. Area manager pointed out new customer knowledge helps to differentiate the regular customers. And pizza hut management is able to introduce special offers to regular customers and more attractive offers for new customers. Overall MICROS provide knowledge to make an effective marketing strategy to compete. Cheshunt store manager gave example of introducing new business deals only for Cheshunt store this helped to increase sales. Questionnaire answers figures shows that overall more than 70 % like online ordering and special offers. Researcher found ERP systems helps to create knowledge about customer and organisation. And have positive impact on marketing and customer service. ERP systems provide new marketing procedures, ERP systems also help to cut marketing budget through new procedures and facilitate even to do person to person marketing. Researcher also found knowledge is more than information. Financial Impact ‘How much pizza hut spent on ERP and what is the expected time to recover this investment’ and’ Do you think so far investing in ERP was worth to pizza hut as an organisation?’ These questions were asked to have idea about return on investment. Operation supportmanager replied it is difficult to disclose exact figure of MICROS implementations. However he briefly explained MICROS systems were very expensive to implement just to have an idea one MICROS’s enable touch screen system cost  £2200. A small delivery unit at least have 6 touch screens. Pizza hut entire management were agreed that ERP systems implementation investment was worth. It helped to enhance operations, increase sale, managers have better ability to perform and to deliver. (Gattikar Goodhue, 2000) identified benefits of ERP, he explained ERP systems improve administrator role such as finance and human resource. Questionnaire results shows more than 60 % customers agree that they have better accuracyand speed with new online ordering system. They also agreed that online ordering system provide easier and faster way to order. (Hossain, Jon Rashid, 2002) also described ERP benefits they gave explanation that Enterprise resource planning systems are implement to enhance and improve performance of organisation and these systems have impact on entire organisation. Pizza hut management is agreed although MICROS are expensive but their benefits are worth to spend on MICROS. Researcher found even though ERP systems are expensive for an organisation but they are worth for investment. Accuracy This question was designed to ask from interviewers what is the difference after ERP implementation. ‘What do you do differently now’. In reply to this question Operation support manager identify now pizza hut management have secure and easy availability of information. Online ordering system is step towards differentiation. Most of pizza hut competitors do not have online ordering facility. (Porter, 1996) explained organisation want to have competitive advantage have to produce a strategy either to execute different actions or similar actions with different technique. Area manager identified that MICROS produced improved reporting regarding different departments such as inventory report, more powerful sales report. Prevent fraud and more secure communication between customer and organisation. (O’Brien Marakas, 2008) described ERP software based and related to manufacturing, distribution, sales , accounting and human resource reporting software. This allows ERP s ystems to provide analysis and planning reports of different departments. Grays store manager reveals now because of better and precise forecasting they are able to pre-prep more accurately. This makes us able to reduce order making time and improve speed. In questionnaire figures shows 98% customers agree that online ordering system improved speed and order accuracy. Operation support manager identified MICROS provide more accurate accountability and fraud prevention because MICROS record every single transaction between customer and organisation and it also store discounts records. Store managers informed MICROS helped to improve CHAMPS. CHAMPS is Pizza hut standards for individual store performance where they look at Cleanliness, Hospitality, Accuracy, Maintenance, Product and Speed. Researcher found ERP systems help to enhance accuracy in different departments of organisation for better performance and accountability. Quantitative analysis Customers respond regarding ERP system This section of chapter based on data analysis of questionnaire survey to find out customers responds for online ordering service and pizza hut management reply on this questionnaire survey. Survey was completed in one week. Survey respond was 100 %. Pizza Hut online Service system Survey Statistics Started 100 Completed 100 Completion Rate 100% Drop Outs (do not use Pizza hut service) 3 1. Do you use Pizza Hut service in the area? Yes. No. In respond to this question 97 % customers answer was YES and they order food from pizza hut. 3 % said no. The figure shows there is high percentage of people who likes to order food from pizza hut. It gives Pizza hut great advantage in fast food market and shows have great brand name impact in fast food market. Pizza hut management told in interview it is their prime objective to be a fast food market leader. 2. How often do you use Pizza Hut Service? 1. Once a week 2. Twice a week or more 3. Once a month 4. Once a year Question two was designed to get the ordering frequency of customer that how often customer order pizza.51 % customers answered once a week. 40 % said twice a week or more. 7 % said once a month. And 2 % said once a year. Researcher found that pizza hut has good loyal customers. As there are more than 50 % customers who order at least once a week. According to Area manager customer order frequency information helps to improve marketing strategy and forecasting. L.R analysis Order frequency 3. What is your preferred way for ordering food? 1. Calling at Pizza hut 2. Walk in 3. Online This question was asked to identify what is the convenient way to place an order. In reply to this question 43% said they prefer order online 40 % peoples likes to order via phone and 17% customers likes to place order in person at pizza hut. Figures clearly show the different trends in customers. Customers have mixed approach towards ordering service but there are 43% customers as compare to 40% and 17 % who use other services. Researcher can withdraw result in the light of above figures that peoples have more trends to order through online service. Operations support manager also told that MICROS helped them to take one step forward it allow pizza hut to introduce online ordering service. Online ordering system is accurate and faster way to place order. (Shanks, Peter B, Leslie P, 2003) pointed out organisations plan to install ERP when they found it is their requirement to upgrade their active operational procedures 4. How you get more information about your required food? 1. Calling at Pizza hut 2. Printed Leaflet 3. Online product description The main purpose of this question was to find out does online ordering service provide enough information regarding product of pizza hut as compare to printed leaflet and calling at pizza hut. So researcher can determine about customer reaction about product information through online system. 67 % people voted that they will get more information via online. 29 % customers said they find more information on printed leaflets. Only 4 % customers agreed that they get more information about product when they call at pizza hut. After collecting primary data it is easy to identify the findings that 67 % customers are agreed that online system provide more information as compare to other product descriptions. Area manager explained in interview that Online system provide product information in detail because it iseasy to update and give product detail information on website as compare to printed brochure. 5. The information on the website is clearly written and easy to understand 1. Strongly Disagree 2. Disagree 3. Undecided 4. Agree 5. Strongly Agree This question was designed to understand customer’s respond about information that is available on website regarding product and order. In respond to this question 82% customers strongly agreed. 11 % customers said they are agreed and 7 % customer replied they are undecided. After analysing the primary data researcher found that high percentage of customer 82 % strongly agreed and 11 % are happy that information on the online ordering system website is clearly understandable. This clearly shows that online ordering system is playing good role in pizza hut product understanding. 6. The content of the website is up-to-date? 1. Strongly Disagree 2. Disagree 3. Undecided 4. Agree 5. Strongly Agree The aim behind this question was to calculate the accuracy of website offering products as compare to advertising offers and new printed menu. 82% customer strongly agreed that pizza hut website is up to date, 10 % people said they are agree that pizza hut is up to date , 6 % people said they are undecided 2 % people said they are disagree with this statement. Above figures describing that most of the time customers find website up to date. Researcherfinds still 2 % of people are there who said they are not agreed. This is area of concern being a multinational company Pizza hut have to resolve this and the website content should be up to dated for better impact and this is necessary for online system success that all the part of ERP systems in working condition and capable to play their role in organisation services. Southgate Store manager explained this problem as online website is for National level, whilesometimes pizza hut run special offers for local area, and customer find conflict in deals. Area managers described they are working to solve this problem by allowing special discounts for customers. 7. Please rate the ease of navigation of Pizza hut online service 1. Excellent 2. Good 3. Average 4. Poor 5. Very Poor This question was designed to find out the ease of navigation when customers are ordering their food or in between their order and change mind to other product. 61 % customers said the navigation of website is excellent, 31 % said it is good and 6 % said it is average and 2 % said it is poor. There is mixed ratio of answers regarding ease of navigation. Area managers and store managers identified ERP installation helped to improve visuals and navigation through providing intelligent order taking program. Researcher found that online system can be more user friendly to encourage customer for online ordering service. 8. How easy was it to find a particular item you were looking for? 1. Very Easy 2. Somewhat Easy 3. Easy 4. Somewhat Difficult 5. Very Difficult This question is supporting above question and focused particularly on specific item or product.68 % people voted very easy for this question, 21 % said somewhat easy, 9 % said easy and 2 % said somewhat difficult. Pizza hut management explained because of user friendly layout and product detail help to find and select product. Researcher found that 68 % respondent said it is easy to find their required items this shows that online ordering system is really helpful for finding their required product and good for search of items. 9. Please rate the overall content of Pizza hut website. 1. Excellent 2. Good 3. Average 4. Poor 5. Very Poor This question covers generally about accuracy and easiness of the online ordering system. In respond to this question 61 % customer said excellent, 25 % said it is good ,11 % said it is average and 3 % replied it is poor. The statistics illustrate that there is high volume of customers who are satisfied with overall content online ordering website. Pizza hut management identified MICROS online ordering system is on step forward towards better customer service. (Gattiker Goodhue, 2000) Pointed out ERP implementation provides benefits from many angles. 10. How easy was it to modify items in your shopping cart? e.g to change pizza base, 1. Very Easy 2. Somewhat Easy 3. Easy 4. Somewhat Difficult 5. Very Difficult This question was designed to find out the ease of changing order, if a customer wants to change order after deciding final order is it easy to change the final order as compare to other service.37 % customers said very easy, 35 % said somewhat easy and 22 % said it is easy and 4 % said somewhat difficult and 2 % said very difficult. Researcher found that 37 % people found it very easy to change final product this figure is low as compare to above customer’s respond towards online ordering system. This is the area of improvement for online service. In respond to these figures operations support manager told MICROS support team is working to fix problems as they are logged. They always try to provide best possible and user friendly interface to customers and order takers. 11. Was your order complete when you received it? Yes No The main objective of this question was to find out accuracy when order received at pizza hut and processed how accurately it delivered when place through online ordering system. 96 % said yes to this question‘s answer and only 4 % said no. Findings show the accuracy level for online ordering service is good. Where 96% of people said they find complete order. Cheshunt store manager revealed that since they have MICROS online ordering service their store d

Influences on Emotional Expression Essay -- Psychology, Emotions

Emotions play a significant part in our daily lives, especially to our overall wellbeing whenever we share these experiences with other people. The ability to express and interpret emotions is an important skill that everyone can improve on that would greatly benefit their interpersonal communication. Our expressions accompany our emotions; they serve as windows that allow other people to know what we are feeling inside. There are several factors that influence how we communicate our feelings. The primary explanation for the differences in how people express their emotions rests on biology. First of all, our biological sex is the best predictor of the ability to detect and interpret emotional expressions (Swenson & Casmir, 1998). Our gender can shape how receptive we are of other people’s feelings, whether that person is of the same or different sex as us. Usually, people are generally better at recognizing the emotions of the member of the same sex (Adler, Rosenfeld, Proctor, 2007). The definition of being a man or a woman is also influenced by the culture one grows up in. Typically, most boys are taught to be tough even at a young age and are even encouraged by most fathers to play roughly with other boys their age. Crying is one emotion that is greatly discouraged because it is seen as a sign of weakness. On the contrary, it is acceptable for girls since society teaches them to be gentle and nurturing. This probably explains why males are usually more aggressive and competitive than females. These also go hand in hand with the social roles of men and women in society. Our occupations can also get in the way of expressing our emotions, as we are expected to act pleasant even though we don’t really feel that way. For example, ... ...t functions in our everyday life and relationships. Our culture is a good determinant of how we may act and show our feelings around people. The social conventions in our culture also serves as a guide as to what is supposed to be proper behavior when we are playing our social roles in the society we live in. There are times when people would choose to present artificial emotions because of the anxious situations that they are dealing with, hence refusing to disclose their feelings to others. A person’s personality also has huge influence on how they understand and convey expressions; just as our personality shapes our emotions, in turn our emotions also affect our personality. The people that we often socialize with can influence our feelings as we do the same with them. As has been noted, these are all the factors that influence the expression of our emotions.

Salvatore La Puma Essay -- Literature, Cakes

Confucius once said, â€Å"The strength of a nation derives from the integrity of the home.† Many people across the world deem family as the most important aspect of their life. Family is something that often teaches us moral values and helps shape the individuals we become later in our lives. The values taught by family are not only essential, but will help develop the moral character of an individual. In the short story, â€Å"Cakes,† Salvatore La Puma conveys the prominence of family values in Italian-American immigrant culture in the 1940’s industrial era. La Puma utilizes the first paragraph as mini-ethnography to portray the unity of the Vitale family. The introduction states, That summer he sweated from the humidity which in 1940 everyone in Brooklyn sweated from; then he sweated from the hot ovens at Carlo Amato’s pastry shop in Bensonhurst four or five nights a week; then he sweated from the hot ovens at a pastry shop Downtown every day of the week except on Sunday, when he usually slept until noon. From Downtown, Giovanni Vitale came home at the end of the workday on the BMT subway to his wife, Lisa, to their three kids Anna, Steve, and Johnny. After dinner they would all listen to the Philco. Then Giovanni and the eldest kid, Johnny, eleven, walked three long blocks and two short blocks, past the old people who fanned themselves on the stoops, to Carlo’s shop on Seventeenth Avenue (4). The first paragraph evokes the normal and typical structure of the Italian-American immigrant family in this era. In the Vitale family, everyone has their own role. The father, Giovanni Vitale, has the duty of working long hours to provide for his family. The mother, Lisa, has the role of a homemaker, making dinner for the family, and takin... ...llels the image where mother Mary is holding baby Jesus. Although Martina is not related to Johnny, her caring and nurturing behavior illustrates her thoughtful, kind, and hospitable personality. The use of Martina as a mother-like figure, allows La Puma to convey the essence of family values in Italian American culture. Although many families today are dysfunctional and fragmented, â€Å"Cakes† serves to show the importance of unity within a family. No matter what we do or where we go, family is something that will carry us and define who we are. Family serves as a building block or blueprint for success. The values that a family instills allow the â€Å"strength† of an individual to prevail. In this short story, La Puma is able to highlight the role of family as an educator, and protector, and depict the importance of family values in Italian-American immigrant culture.

Essay --

Exercise 11.2: Learning about Policies For this assignment, utilizing the resources given in this exercise as well as the information I gathered from the IT department where I used to work the following are my analysis: My analysis in regards to Security Policy is that whatever organization it is, it’s important to implement a sound security policy that defines what is permitted and what is not. The security policy boils down to outlining the acceptable use of the company's computer, internet, email, and any aspect of the system. It involves practices that reduce the risk of getting information into the wrong hands or preventing unwanted programs or individuals from disrupting service. This can be achieved three ways: One, Physical security by limiting access to a company's computer or networking device by housing critical device in a secured area. Second, Hardware Security which is network devices such as router & firewall that has a built in virus scanner or access rule. Rules which define the list of what activities or programs is allowed and not allowed; and thirdly, Application ...

Alumni Tracer System

The Alumni tracer is a System that even they are far from the schools, the schools can communicate with the graduate students and to know more about their experiences and their careers after finished their studies. Technology is a tool and method used in solving problems and to make the work easier. In our modern generation, almost everything around us is made-up of technology and the most developed gadget in our generation is the computer wherein almost everyone needs it. Students, Teacher, or even a simple user can do anything they want in computers. It can make to help us to make our work easier and faster. Every schools-universities or institutions are using computers. Some of schools wants to remember all those person who have been part of their society, that’s why they want to know if the students from their school has a capability to compete their knowledge or skills to everyone and they want to know more about the students who are already graduated. College has always placed great emphasis on the importance of maintaining a close rapport with its alumni. In order to build and enhance the alumni network, the Alumni Affairs Office was established to act as an intermediary platform in bridging the gap between the College and its vast alumni members. It actively plays its role in maintaining a good relationship between the alumni and College as well as extending dynamic network between alumni from various School of Studies. The Alumni Affairs Office also plays an integral part in organizing various homecomings, thus effectively keeping the communication channel between the College and its alumni open, providing countless opportunities for its alumni in strengthening its networking ties and forging an everlasting bond of fellowship. Thus the researchers came up with an idea of creating an online alumni tracer. The Alumni Tracer is being used by several schools to conduct significant feedback, to reconnect graduates to their alma mater and to know the demographic profile of the employment record of the respondents. Several schools in the Philippines nowadays have been using it and integrate it through their official websites and/or alumni association’s page.

Oil Company Must Decide Whether or Not to Drill

An oil company must decide whether or not to drill an oil well in a particular area that they already own. The decision maker (DM) believes that the area could be dry , reasonably good or a bonanza. See data in the table which shows the gross revenues for the oil well that is found. Decision Dry (D) ReasonablyBonanza(B) good(G) Drill $0 $85 $200 m Abandon $0 $0 $0 Probability 0. 3 0. 3 0. 4 Drilling costs 40M. The company can take a series of seismic soundings ( at a cost of 12M) to determine the underlying geological structure.The results will be either â€Å"no structure†, â€Å"open structure or â€Å"closed structure†. The reliability of the testing company is as follows that is, this reflects their historical performance. Note that if the test result is â€Å"no structure† the company can sell the land to a developer for 50 m, otherwise (for the other results) it can abandon the drilling idea at no benefit to itself. . Conditional Probability for a given st ate of nature Seismic Results Dry(d) Reasonably good(g) Bonanza(b)No structure(N) 0. 7 0. 3 0. 1 Open(O) 0. 2 0. 3 0. 4 Closed (C ) 0. 10. 4 0. 5 That is P (N/D) =0. 7; P (O/G) =0. 3, P(C/B) =0. 5 After you have computed the revised probabilities round to two decimal places a) Construct the appropriate decision tree to help the oil company make the appropriate decisions. This tree must be constructed in logical order with labels and net payoffs. It also includes the revised probabilities ) Fold back the decision tree) to determine the best strategy for the company; you must state this strategy . What is the final expected profit? c) What is the expected value of sample information(EVSI)- the most that should be paid to seismic testing firm for the test? d) Calculate the expected value of perfect information (EVPI)- the most that should be paid to an expert for perfect prediction of the uncertain outcomes e) What is the efficiency of sample information

Civil 1 Review Syllabus

  Now they are lumped together as ‘illegitimate. ’ Thus, spurious children are given rights. 2. Different solutions to old problems †¢ Example: Change in river course 3. Clarification of old provisions †¢ Example: Under the old Civil Code, there were only void and voidable contracts. With the addition of unenforceable and rescissible contracts, the NCC provides clarification 4. Certain subjects omitted †¢ Examples: The dowry has been omitted; certain leases have also been omitted. The NCC is far from perfect. There are structural defects.Certain things which should be in the preliminary section are found elsewhere. An example of this is the vices of consent. Why are they found in contracts? They are relevant in all juridical transactions. Another example is the topic of degrees of relationship. This is found only in succession. Degrees of relationship are relevant in other books too. Finally, why is tradition found in the law on sales? Tradition is not o nly important in sales. Rather, tradition is a mode of acquiring ownership. PRELIMINARY TITLE I. Effect and Application of Laws Art. 1.This Act shall be known as the â€Å"Civil Code of the Philippines. † Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. †¢ ‘This code shall take effect 1 year after such publication. ’ The SC in the case of Lara vs. Del Rosario that the one year should be counted from the date of actual release and not the date of issue. †¢ Executive Order No. 200 supersedes Article 2 regarding the time of effectivity of laws. EXECUTIVE ORDER NO. 00 PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A REQUIREMENT FOR THEIR EFFECTIVITY WHEREAS, Article 2 of the Civil Code partly provides that â₠¬Å"laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided . . . †; WHEREAS, the requirement that for laws to be effective only a publication thereof in the Official Gazette will suffice has entailed some problems, a point recognized by the Supreme Court in Tanada, et al. vs. Tuvera, et al. (G. R. No. 3915, December 29, 1986) when it observed that â€Å"[t]here is much to be said of the view that the publication need not be made in the Official Gazette, considering its erratic release and limited readership†; WHEREAS, it was likewise observed that â€Å"[u]ndoubtedly, newspapers of general circulation could better perform the function of communicating the laws to the people as such periodicals are more easily available, have a wider readership, and come out regularly†; and WHEREAS, in view of the foregoing premises Article 2 of the Civil Code should accordingly be amended so the laws to be effective must be published either in the Official Gazette or in a newspaper of general circulation in the country; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order: Sec. 1.Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the â€Å"Civil Code of the Philippines,† and all other laws inconsistent with this Executive Order are hereby repealed or modified accordingly. Sec. 3. This Executive Order shall take effect immediately after its publication in the Official Gazette. Done in the City of Manila, this 18th day of June, in the year of Our Lord, nineteen hundred and eighty-seven. †¢ ‘15 days following’ – does this mean on the 15th or 16th day? The law is not clear. †¢ Under Article 2, publication in the Official Gazette was necessary.Now, under E. O. No. 200, publication may either be in the Official Gazette or a newspaper of general publication. †¢ ‘unless otherwise provided’ refers to when the law shall take effect. It does not mean that publication can be dispensed with. Otherwise, that would be a violation of due process. †¢ General Rule: Laws must be published in either the Official Gazette or a newspaper of general circulation. †¢ Exception: The law may provide for another manner of publication. Different manner meaning: 1. Not in Official Gazette or newspaper of general circulation; or Example: Read over the television or the radio (provided that the alternative is reasonable) 2.Change in the period of effectivity †¢ ‘publication’ means making it known; dissemination. It doesn’t have to be in writing. †¢ ‘Change period of effecti vity’ – the gap between publication and effectivity should be reasonable under the circumstances. †¢ Before publication, cannot apply the law whether penal or civil (Pesigan vs. Angeles) Why? How can you be bound if you don’t know the law. †¢ Requirement of publication applies to all laws and is mandatory. Art. 3. Ignorance of the law excuses no one from compliance therewith. †¢ Ignorantia legis neminem excusat (Ignorance of the law excuses no one). †¢ This is a necessary rule for all civilized society.Otherwise it would be impossible to enforce the law. It is very hard to determine whether or not a person really does not know the law. Without this rule, there would be anarchy. The law sacrifices occasional harshness to prevent universal anarchy. †¢ There are potential methods to mitigate the severity of Article 3 – Articles 526 (3), 2155, 1334. * †¢ In Kasilag vs. Rodriguez, the SC said that the possession of the antichretic credit as possession in good faith since a difficult question of law was involved – antichresis. In this case, the parties were not very knowledgeable of the law. †¢ Article 3 applies only to ignorance of Philippine law. It does not apply to foreign law.In Private International Law, foreign law must be proven even if it is applicable. Otherwise, the courts will presume the foreign law to be the same as Philippine law. Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. †¢ Lex de futuro judex de preterito (The law provides for the future, the judge for the past). †¢ Retroactive law – one which creates a new obligation and imposes a new duty or attaches a new disability with respect to transactions or considerations already past. †¢ General Rule: Law must be applied prospectively. †¢ Exceptions: 1. If the statute provides for retroactivity. Exception to the exception: a. Ex post facto laws b. Laws which impair the obl igation of contracts 2.Penal laws insofar as it favors the accused who is not a habitual criminal, even though at the time of the enactment of such law final sentence has already been rendered. 3. Remedial laws as long as it does not affect or change vested rights. 4. When the law creates new substantive rights unless vested rights are impaired. 5. Curative laws (the purpose is to cure defects or imperfections in judicial or administrative proceedings) 6. Interpretative laws 7. Laws which are of emergency nature or are authorized by police power (Santos vs. Alvarez; PNB vs. Office of the President) Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. †¢ A mandatory law is one which prescribes some element as a requirement (i. e. wills must be written – Article 804(; form of donations – Article 749†¢) †¢ A prohibitory law is one which forbids something (i. e. , j oint wills – Article 818() †¢ General Rule: Acts which are contrary to mandatory or prohibited laws are void. †¢ Exceptions: 1. When the law itself authorized its validity (i. e. , lotto, sweepstakes) 2. When the law makes the act only voidable and not void (i. e. , if consent is vitiated, the contract is voidable and not void) 3. When the law makes the act valid but punishes the violator (i. e. , if the marriage is celebrated by someone without legal authority but the parties are in good faith, the marriage is valid but the person who married the parties is liable) 4.When the law makes the act void but recognizes legal effects flowing therefrom (i. e. , Articles 1412 & 1413() Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. †¢ What one can waive are rights and not obligations. Example, a creditor can waive the loan but the d ebtor may not. †¢ There is no form required for a waiver since a waiver is optional. You can waive by mere inaction, refusing to collect a debt for example is a form of waiver. †¢ Requisites of a valid waiver (Herrera vs. Boromeo) 1. Existence of a right 2. Knowledge of the existence of the right 3.An intention to relinquish the right (implied in this is the capacity to dispose of the right) †¢ General Rule: Rights can be waived. †¢ Exceptions: 1. If waiver is contrary to law, public order, public policy, morals or good customs 2. If the waiver would be prejudicial to a 3rd party with a right recognized by law. (e. g. , If A owes B P10M, B can’t waive the loan if B owes C and B has no other assets. ) †¢ Examples of waivers which are prohibited: 1. Repudiation of future inheritance 2. Waiver of the protection of pactum commissorium 3. Waiver of future support 4. Waiver of employment benefits in advance 5. Waiver of minimum wage 6. Waiver of the right t o revoke a will Art. 7.Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. †¢ Article 7 is obvious because time moves forward. †¢ Only subsequent laws can repeal prior laws either through: 1. A repealing clause 2. Incompatibility of the subsequent and prior laws †¢ The violation of a law is not justified even if: 1. No one follows the law (i. e. nonpayment of taxes) 2. There is a custom to the contrary †¢ The 2nd par. of Article 7 is judicial review in statutory form. Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. à ¢â‚¬ ¢ This is a new provision taken from common law. Under the civil law tradition, the court merely applies the law. However since the Philippine legal system is a combination of civil law and common law, courts apply statutes as well as resort to the doctrine of precedent. Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. Art. 10.In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. †¢ What if the law is silent? The court should render a decision based on justice as stated in Article 10. Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced. †¢ What if customs are not contrary to law? The custom would be countenanced. However, this does not mean that the custom would have obligatory force. Art. 12. A custom must be proved as a fact, according to the rules of evidenc e. †¢ The law doesn’t specify the cases when custom is relevant in litigation. But in case custom is relevant, it should be proven. †¢ Commentators say that custom is important in cases involving negligence.For example, if a kalesa in Manila is by custom supposed to have rattan baskets to prevent people from slipping, if a person slips because there is no rattan basket, then he can sue for negligence. Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. If months are designated by their name, they shall be computed by the number of days which they respectively have. In computing a period, the first day shall be excluded, and the last day included. †¢ Article 13 has been superseded by Executive Order No. 292 (the Revised Administrative Code of 1987) – Book 1,  §31. Sec. 31. Legal Pe riods. â€Å"Year† shall be understood to be twelve calendar months; â€Å"month† of thirty days, unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains; â€Å"day,† to a day of twenty-four hours; and â€Å"night,† from sunset to sunrise. †¢ Under E. O. No. 292, a year is now equivalent to 12 calendar months and not 365 days. Under Article 13 leap years are not considered. For examples, in order to make a will, one has to be 18 years old. But if you use Article 13, one loses 4 to 5 days if you don’t count the leap years. E. O. No. 292 is better than Article 13 since it is more realistic. †¢ There should have been a definition of hours.That definition is relevant for labor law. According to Professor Balane, an hour should be defined as 1/24 of a calendar day. If you use the definition that an hour is equal to 60 minutes, then we would have to define minu tes, then seconds, and so on. It would be too scientific. II. Conflicts of Law Provisions Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. †¢ Two principles: 1. Territoriality General Rule: Criminal laws apply only in Philippine territory. Exception: Article 2, Revised Penal Code. ( 2.Generality General Rule: Criminal laws apply to everyone in the territory (citizens and aliens) Exceptions: In these instances, all the Philippines can do is expel them a. Treaty stipulations which exempt some persons within the jurisdiction of Philippine courts (e. g. , Bases Agreement) b. Heads of State and Ambassadors (Note: Consuls are subject to the jurisdiction of our criminal courts. ) Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. †¢ Theories on Personal Law: 1. Domiciliary theory – the personal laws of a person are determined by his domicile 2.Nationality theory – the nationality or citizenship determines the personal laws of the individual †¢ Under Article 15, the Philippines follows the nationality theory. Family rights and duties, status and legal capacity of Filipinos are governed by Philippine law. †¢ General Rule: Under Article 26 of the Family Code, all marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized and valid there as such, is also valid in the Philippines. †¢ Exception: If the marriage is void under Philippine law, then the marriage is void even if it is valid in the country where the marriage was solemnized . Exception to the exception: 1. Article 35, 2, Family Code Art. 35.The following marriages shall be void from the beginning: (2) Those solemn ized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; 2. Article 35, 3, Family Code Art. 35. The following marriages shall be void from the beginning: (3) Those solemnized without license, except those covered the preceding Chapter; Even if the foreign marriage did not comply with either s 2 and 3 of Article 35, Philippine law will recognize the marriage as valid as long as it is valid under foreign law. Art. 16, 1. Real property as well as personal property is subject to the law of the country where it is stipulated. †¢ Lex situs or lex rei sitae governs real or personal property (property is subject to the laws of the country in which it is located). †¢ In Tayag vs.Benguet consolidated, the SC said that Philippine law shall govern in cases involving shares of stock of a Philippine corporation even if the owner i s in the US. Art. 16, 2. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. †¢ This is merely an extension of the nationality theory in Article 15. †¢ The national law of the decedent regardless of the location of the property shall govern.Thus, the national law of the decedent shall determine who will succeed. †¢ In Miciano vs. Brimo, the SC said that the will of a foreigner containing the condition that the law of the Philippines should govern regarding the distribution of the properties is invalid. †¢ In Aznar vs. Garcia, what was involved was the renvoi doctrine. In this case, the decedent was a citizen of California who resided in the Philippine. The problem was that under Philippine law, the national law of the decedent shall govern. On the other hand, under California law, the law of the state where the decedent has his domicile shall govern. The SC accepted the referral by California law and applied Philippine law (single renvoi). Problem: What if the decedent is a Filipino domiciled in a foreign country which follows the domiciliary theory? According to Professor Balane, one way to resolve the situation is this – Philippine law should govern with respect to properties in Philippine while the law of the domicile should govern with respect to properties located in the state of domicile. Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solem nities established by Philippine laws shall be observed in their execution.Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. †¢ Lex loci celebrationis (formal requirements of contracts, wills, and other public instruments are governed by the country in which they are executed) †¢ There is no conflict between the 1st of Article 16 and the 1st of Article 17 since they talk of 2 different things. †¢ Thus, the formal requirements of a contract involving real property in the Philippines must follow the formal requirements of the place where the contract was entered into. However, if what is involved is not the formal requirements, then the law of the place where the properties (whether real or personal) are located shall govern. Art. 18.In matte rs which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. III. Human Relations Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. Art. 21. Any person who willfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Art. 22.Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him. Art. 23. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant , the latter shall be liable for indemnity if through the act or event he was benefited. Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. Art. 25.Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another’s residence; (2) Meddling with or disturbing the private life or family relations of another; (3) I ntriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. Art. 27.Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against he latter, without prejudice to any disciplinary administrative action that may be taken. Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage. Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omi ssion may be instituted. Such action requires only a preponderance of evidence.Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. Art. 31.When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result o f the latter. Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (1) Freedom or religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention; (5) Freedom of suffrage; 6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for public use; (8) The right to the equal protection of the laws; (9) The right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposes not contra ry to law; (13) The right to take part in a peaceable assembly to petition the Government for redress of grievances; (14) The right to be a free from involuntary servitude in any form; (15) The right of the accused against excessive bail; 16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against one’s self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and (19) Freedom of access to the courts. In any of the cases referred to in this article, whether or not the defendant’s act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief.Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. Ar t. 34.When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender.Such civil action may be supported by a preponderance of evidence. Upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings. Art. 36. Pre-judicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code