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