Wednesday, July 31, 2019

Information Technology: Its Evolution, Advantages and Disadvantages

Main Topic: Information Technology: Its Evolution, Advantages and Disadvantages Creative Topic: So You Love IT: Where Has it Been? Where is it Going? Sub-topic: A Brief Examination of the Evolution of Information Technology, and Some Uses and Misuses. Today in society, people cannot conceive of a life without technology. Surrounding us are various technologies that are helping people to live their lives with more luxury.Technological advancements are not just limited to computers; there are many other fields in which it has made significant ground breaking developments such as from carts to cars, from constantly being pinned down by gravity to air travel and from being confined to the earth to travel among the stars. There are many significant persons throughout history that have made ground breaking discoveries such as Blaise Pascal, Charles Babbage and Herman Hollerith which in turn laid the foundation for modern IT professionals such as Bill Gate and Steve Jobs.Information Technol ogy (IT) involves more than just computer literacy; it also takes into account how computers work and how these computers can further be used not just for information processing but also for communications and problem solving tasks as well. Our world today has changed a great deal with the aid of Information Technology. Jobs that were once done manually have now become computerized, simply requiring a single click of a mouse to get a task completed versus years ago when everything was exceedingly more difficult.With the aid of IT we are not only able to streamline our business processes but we are also able to get constant information in ‘real time' that is up to the minute and up to date. The significance of IT can be seen from the fact that it has penetrated almost every aspect of our daily lives and the society, from business to leisure. Therefore in order to understand more deeply about IT it is important to inspect the evolution of technology and some of its uses and misu ses. 1. The Birth of IT goes back many centuries, from the development of mathematics, to electro-mechanical machines, to the first digital computer.A. The concept of mathematics was expressed in stone and wood cravings, a calculating machine then to an analytical engine. B. Electro-mechanical machines paved way for communication such as the telegraph, telephone and the Internet. C. Digital computer introduced computer programming, the use of transistor and integrated circuits. 2. The uses of computer have proven to be very beneficial in communication, Business and Education. D. Enhancements in communication have increased transition of data, bridged cultural gaps and brought about positive globalization. E.Computers have created jobs in the business industry and also have improved protection of vital information and have reduced productivity time. F. The use of IT has enhanced education, the ability to learn and access to learning materials. 3. The misuses of computer have been pro blematic in the communication, Business and Education sectors. G. The development of communication devices as brought about issues of privacy, technological addiction and cultural domination. H. Business enterprises have also caused some problems such as job elimination, security breaches and expensive implementation. I.The education sector is diminishing the overall learning process resulting in loss of skill, plagiarism and the poor remains poor. Today in society, people cannot conceive of a life without technology. Surrounding us are various technologies that are helping people to live their lives with more luxury. Technological advancements are not just limited to computers; there are many other fields in which it has made significant ground breaking developments such as from carts to cars, from constantly being pinned down by gravity to air travel and from being confined to the earth to travel among the stars.There are many significant persons throughout history that have made ground breaking discoveries such as Blaise Pascal, Charles Babbage and Herman Hollerith which in turn laid the foundation for modern IT professionals such as Bill Gate and Steve Jobs. Information Technology (IT) involves more than just computer literacy; it also takes into account how computers work and how these computers can further be used not just for information processing but also for communications and problem solving tasks as well.Our world today has changed a great deal with the aid of Information Technology. Jobs that were once done manually have now become computerized, simply requiring a single click of a mouse to get a task completed versus years ago when everything was exceedingly more difficult. With the aid of IT we are not only able to streamline our business processes but we are also able to get constant information in ‘real time' that is up to the minute and up to date.The significance of IT can be seen from the fact that it has penetrated almost every aspec t of our daily lives and the society, from business to leisure. Therefore in order to understand more deeply about IT, it is important to inspect the evolution of technology and some of its uses and misuses. The Birth of IT goes back many centuries, from the development of mathematics, to electro-mechanical machines, to the first digital computer. These ground breaking consecutive technological innovations made it possible to develop the glorious industry we have come to know has IT.Through the use of abstraction and logical reasoning, mathematics developed from counting, calculation, measurement, and the systematic study of the shapes and motions of physical objects(Insert Citation). The development of mathematics led to the development of tools to help in computation such as sticks, stones and various carvings, used in an almost futile attempt to record data and information. These objects were used because no other methods were available to efficiently follow and store a mathemati cal equation at the time.These were used for centuries until the wonderful use of paper came into being and until the marvellous abacus was invented which made performing tedious calculations a bit easier to trace and record. The abacus was a simple wooden box with beads strung along a wooden mid-bar to perform calculation (citation). Mathematics is used throughout the world as an essential tool in many fields, not just IT but also including the natural sciences, engineering, medicine, and the social sciences. Blaise Pascal took advantage of fundamental mathematical principles and developed n outstanding machine. Blaise Pascal was credited with building the first calculating machine in 17th century. He invented the first digital calculator as a means of helping his father perform tedious tax accounting (citation). He called his amazing device Pascal's calculator which had a metal wheel dial that was turned to the appropriate numbers and symbols to preform calculations; the answers a ppeared in boxes in the top of the calculator. This was one the first contributions to the field of IT and it has advanced to the calculators we have grown to know and love today.Pascal continued to make improvements to his machine and built fifty Pascaline machines in total. The first Pascaline machine could only handle 5-digit numbers, but later Pascal developed 6 digit and 8 digit versions of the Pascaline. This method of advancing current inventions in order to expand their capabilities is one of the key concepts of evolution. It was an extraordinary achievement which would lead to greater heights in the field of IT such as the Analytical Engine. In the 19th century, Charles Babbage, whom is considered the father of computing, designed the first â€Å"analytical engine. (citation) It was his idea of a mechanical digital computer which could perform basic input, processing, output and storage that all computers that followed are based on in today’s modern society. This ma chine had a mechanical computing â€Å"mill†(the processor) and used punch cards to store the numbers and processing requirements. Lady Augusta Ada Lovelace was a great supporter of Charles Babbage and she convinced him to use binary systems in his engines. Because she wrote some programs for Babbages’ engines, she is considered the first programmer (citation).His vision of a massive brass, steam-powered, general-purpose, mechanical computer inspired some of the great minds of the nineteenth century. Almost a century later, Charles’ ideas re-emerged with the development of electro-mechanical calculating machines such as the tabulating machine and devices used for telecommunication. Electro-mechanical machines paved way new and exciting way to communicate such as the telegraph, telephone and the internet. A telegraph is a machine which is used for transmitting messages in the form of electrical impulses which can be converted into data (citation).A message sent v ia telegraph is coded in a language called Morse code but the message itself is called a telegram or cablegram. Telegraph machines had to be connected through a series of wires in order to exchange messages. The operator would key a message in the Morse alphabet, and the receiving telegraph machine on the other side would register the message in the form of clicks, different click have different meanings w the messages were decoded. By listening to the pattern of clicks, the receiving operator could hear the message and transcribe it before passing it on to the recipient.Advancements were made to telegraphy which introduced wireless telegraphy. This enabled telegraph messages were transmitted over the radio waves which marked a drastic change in the system, allowing people to rapidly transmit messages in areas without troublesome telegraph cables. Wireless laid the groundwork for later methods of communication such as the telephone. In the 1870s, Alexander Graham Bell designed a dev ice that could transmit speech electrically (the telephone) (citation).The telegraph and telephone are both wire-based electrical systems, and Alexander Graham Bell's superb success with the telephone came as a direct result of his attempts to improve the telegraph which as we can see again that innovation is possible through evolution. The telegraph was basically limited to receiving and sending one message at a time consequently Bell sought to improve on the telegraph to â€Å"fix† this problem. His aim was to be able to transmit multiple messages back and forth across the same line which of course brought us the telephone.But advancements in communication did not stop there. Later on person’s discovered that these same telephone lines could be used to transmit and share data across devices thus the idea of an inter-connected network (the internet) was introduced. The Internet was the result various persons wanting to share information between computers. A man named Lawrence Roberts of MIT (Massachusetts Institute of Technology) connected a Massachusetts computer with a California computer in 1965 over dial-up telephone lines and he discovered hat computer could share information through telephone lines (citation). The idea was developed further and a series on inter-connected networks created what we know today as the World Wide Web. This idea was indeed useful when the first digital computer was made. The first electronic digital computer, ENIAC (Electronic Numerical Integrator and Computer), was developed in 1946 however it was not very efficient due to poor programming and architecture thus it was necessary to improve on computer coding and develop better technology to run the software on (citation).A man named Von Neumann, a mathematics professor, developed the idea further. He added the idea of a stored computer program. This was a set of instructions stored in the memory of the computer, which the computer obeyed to complete the programm ed task (citation). From this stage, computers and computer programming evolved rapidly. The move from vacuum tubes to transistors significantly reduced the size and cost of the machines, and increased their reliability. Then came integrated circuit technology, which has reduced the size (and cost) of computers.In the 1960s, the typical computer was a transistor-based machine that cost half a million dollars, and needed a large, air-conditioned room and an on-site engineer. The same computer power now costs $2,000 and sits on a desk. As computers became smaller and cheaper, they also became faster–made possible by a single integrated circuit called a chip. The evolution of technology has proven to be very useful in various sectors of the world. IT is here to stay thus let us take advantage of it and explore it many benefits. The uses of computer have proven to be very beneficial in communication, Business and Education.Enhancements in communication have increased transition o f data, bridged cultural gaps and brought about positive globalization. Nowadays, people can get hot news from any parts of the world very quickly by using E-mail and Internet. Moreover, telephone-local or/and overseas is playing a key role for people to communicate to with each other. Our means of communication has greatly improved in the dawn of the modern technology. We now have so many hi-tech gadgets that we use for everyday to communicating with people from all over the world.We can now communicate with anyone around the globe by simply text messaging them or sending them an email for an almost instantaneous response. The telephone is a very helpful mean tool for us to talk with people from remote places, then came out the cellular phones, which we can take with us wherever we go. Now, we are given the privilege to use computers and the internet that has such a wide variety of easy communication offers. Transmission of data has become so easy compared to back in the day. With the help of information technology, communication has also become cheaper, quicker, and more efficient.The internet has also opened up face to face direct communication from different parts of the world thanks to the helps of video conferencing. It is one of the reasons why we should be thankful for technology. This ability to communicate with people worldwide has opened our eyes to various other cultures. Information technology has helped to bridge the cultural gap by helping people from different cultures to communicate with one another, and allow for the exchange of views and ideas, thus increasing awareness and reducing prejudice.In a world where there is tension between different racial groups especially in a case where these groups cannot communicate so resolve their differences, it can be a BIG problem for the tourism sector and inter-racial relationship between countries. Advancements in communication have allowed us bridge cultural barriers and rectify our differences. Cult ural unison is very important in developing the world and globalization can be seen a good thing. IT has not only brought the world closer together, but it has allowed the world's economy to become a single interdependent system.This means that we can not only share information quickly and efficiently, but we can also bring down barriers of linguistic and geographic boundaries. The world has developed into a global village due to the help of IT allowing countries like Chile and Japan who are not only separated by distance but also by language to shares ideas and information with each other. IT has not only proved beneficial in method communications but also to the business industry. Computers have created jobs in the business industry and also have improved protection of vital information and have reduced productivity time.Probably the best advantage of information technology is the creation of new and interesting jobs. Computer programmers, Systems analyzers, Hardware and Software developers and Web designers are just some of the many new employment opportunities created with the help of IT. Job creation is just of the aspects that IT has benefited people, securing data is another. IT creates electronic storage systems to protect a company's valuable records. According to the Graziadio Business Report, published by Pepperdine University, secure maintenance of customer and patient files is vital to business integrity.Storage systems, such as virtual vaults, keep information safe by only allowing certain users within your company to access, withdraw, add or change the documents. According to an article in Science Daily, IT security engineering systems protect your electronic information from being hacked, or wiped out during a technological disaster. Electronic security engineering means your valuable records will remain untouchable. Production has also been increased. Now, we can create materials in just minutes with multiple copies of those productions at a t ime.Before persons had to make products manually which sometime took days and weeks which cuts into the companies’ profit and often time this would result in worker’s pay getting slashed in an attempt to keep the business running. This is what the modern machines contribute to our society. The benefits IT has allow aid teachers and students in the educational sector. The use of IT has enhanced education, the ability to learn and access to learning materials. Technology has revolutionized the classroom and the learning experience as a whole.The technology available today has made a wealth of knowledge available to students, which offers great potential for the speed and style of learning. Information is presented in so many ways that any type learner, whether gifted or disabled, can find and use the necessary material. This fact relates not only to the Internet, but to all the many technological improvements in learning, from smart boards to handheld dictionaries. Stude nts at Northern Caribbean University are able to finish 6 months courses in 4 months which is an improvement compared to the time students normally take to learn certain concepts.Some students have become resent the learning process as a whole and the simple reason is because it is just â€Å"not their style†. Since the dawn of technological age pass method of teaching have become boring to students. Pass methods have become stale and it was just not the kind of setting that some students were able to learn in. With the introduction of new methods of teaching and with the â€Å"old† method still present students ability to learn as improve because they can be in a setting that pleases them and makes them comfortable thus learning is easier.Most persons now have access to various learning materials, access to this information is just a click away thus education is now a wide spread privilege. The information on the Internet is there for all who have access, without disc rimination. People of all social strata are able to use technological advances, which is a fairly new academic development. The advantages to IT are numerous however; modern technology doesn't automatically bring the good things but some bad points. The misuses of computer have been problematic in the communication, Business and Education sectors.The development of communication devices as brought about issues of privacy, technological addiction and cultural domination. Too many people can communicate with us all at the same time. It can create opportunities for fraudulent scams and dangerous spamming in a lot of ways. Though IT may have made communication quicker, easier and more convenient, it has also bought along privacy issues. From cell phone signal interceptions to email hacking, people are now worried about their once private information becoming public knowledge.Often times persons receive emails from what seems to be their well trusted banking company which prompts them to verify their bank account number an password after which they later find out that their account was completely drained of all funds. The youth has also been very much addicted to gadgets and they spend too much time with it which results in delinquency in school work, outdoor social activities and also they start to neglect chores and personal hygiene. Try asking a child playing with a PSP to do his homework and more than likely his reply will be â€Å"just one more game†.Try asking that child to get some fresh air and more than likely his reply will be â€Å"I prefer to stay inside use chat on Facebook†. Another disadvantage is that is causes cultural domination. While IT may have made the world a global village, it has also contributed to one culture dominating weaker one. For example it is now argued that US influences have caused most young teenagers all over the world now act, dress and behave like those of the US which results in personality issues because the c hild does not take the time to figure out what he/her is interested in.Instead they imitate and not only adapt a culture’s â€Å"good† standing but also their bad behaviour. These disadvantages extend into the business sector as well. Business enterprises have also caused some problems such as job elimination, security breaches and expensive implementation. While information technology may have streamlined the business process it has also crated job redundancies, downsizing and outsourcing. This means that a lot of lower and middle level jobs have been done away with causing more people to become unemployed. Implementing IT into business operations can save a great deal of time during the completion of daily tasks.Paperwork is processed immediately, and financial transactions are automatically calculated. Although businesses may view this expediency as a boon, there are untoward effects to such levels of automation. As technology improves, tasks that were formerly perf ormed by human employees are now carried out by computer systems. For example, automated telephone answering systems have replaced live receptionists in many organizations. This leads to the elimination of jobs and, in some cases, alienation of clients. Unemployed specialists and once-loyal employees may have difficulty securing future employment.Data security has also become an issue. The ability to store information in an electronic database facilitates quicker, more efficient communication. In the past, an individual would sift through stacks of paper records to retrieve data. With properly implemented technology, information can be recovered at the touch of a button. Although information technology systems allow business to be conducted at a faster pace, they are not without their flaws. Information technology systems are vulnerable to security breaches, particularly when they are accessible via the Internet.If appropriate measures are not in place, unauthorized individuals may access confidential data. Information may be altered, permanently destroyed or used for unsavoury purposes. In order to keep a business â€Å"up to date† lots money has to be spent to implement new technology. Every business must consider start-up costs when implementing any type of information technology system. In addition to the cost of hardware and software, some technology vendors require businesses to purchase user licenses for each employee that will be operating the system. Businesses must examine the cost of training employees in unfamiliar technology.Although basic information technology systems may be user friendly, advanced programs still require formal instruction by an expert consultant. In addition to the start-up expenses, information technology systems are expensive to maintain. Systems malfunction, and when they do, businesses must engage skilled technicians to troubleshoot and make the necessary repairs. These expenses present a major disadvantage of inform ation technology in business, particularly to businesses that are entering the technology era for the first time. The education sector has also suffered at the hand of technology.The education sector is diminishing the overall learning process resulting in loss of skill, plagiarism and the poor remains poor. With this increased access to knowledge also comes a probable loss of communication skills and interactive abilities between students and teacher, and students to peers. These skills are not as necessary in a classroom of computers, where individuality is a component of learning and is encouraged. Aside from learning, conflict resolution and socialization used to be two prominent reasons children came to school. The emphasis now has shifted away from these areas.

Tuesday, July 30, 2019

Cultural Competence in Nursing

Cultural competence is defined as possessing the skills and knowledge necessary to appreciate, respect, and work with individuals from different cultures. It is a concept that requires self-awareness, awareness and understanding of cultural differences, and the ability to adapt to clinical skills and practices as needed (London et al. 2003). In the Orthodox Jewish community, there are many strict cultural guidelines that the women must adhere to. Within the following paper I will provide examples that demonstrate why cultural competency is important in nursing.When seeking treatment in the Orthodox Jewish law,it permits men and women from being alone together unless they are close family member, or married to each other. This law applies when the women is being examined by a physician or a health care provider. For the Orthodox Jewish woman, a female provider is preferable, but the woman will choose the provider she feels is qualified to provide her with the best quality of care and who has the best reputation in his/her field (Abdelhak 2005).Spousal involvement in the delivery of a child is limited; a nurse may misunderstand a husbands lack of support as being neglectful to his wife, the nurse is not being culturally sensitive to the Orthodox couple. The nurse must understand according to the Jewish laws, if a woman is unclean with mucous discharge, bloody show, or amniotic fluid, The husband must exit the room as he is not allowed stay in the room with his wife while she is being examined, unless she is fully covered and will not be exposed to him.To be considered clean again after childbirth or menstruation , the women must go to a ritual bath called the † Mikveh†. The Orthodox Jewish women must consult with their Rabbi for approval of procedures or treatments; amniocentesis or elective cesarean sections. In such cases Orthodox Jewish couples may call their rabbi to ask for guidance on the subject or to get a blessing from him that all will go we ll. This would not be done in medical emergencies, such as a cesarean section for fetal distress or for inductions for medically indicated reasons (Abdelhak 2005).In the Orthodox Jewish community they believe in â€Å"Be fruitful and multiply†. It is Gods will how many children she will have, in this case the woman will avoid ever having a cesarean section as it can limit the amount of children she can have and she will not be able to fulfill Gods will. After childbirth, the nurse must be aware of the religious practices of naming a child. The woman will not fill her paperwork at the hospital, but rather fill it after the ceremony and return its afterwards.The giving of the name is thought to be a religious event and will lose significance if it is announced before either of these times (Abdelhak 2005). Orthodox Jews observe the Sabbath or Shobbas, which begins at sundown Friday evening and ends on Saturday evening. At this time no electrical appliance may be used or or any t raveling by car. If the orthodox Jewish woman is discharged the day of Shobbas; the nurse should know that she will not be able to leave the hospital until Shobbas has ended.To accommodate to her needs the nurse should make sure the woman has a meal before her discharge planning. in the Orthodox Jewish law it permits men and women from being alone together unless they are close family member, or married to each other. This law applies when the women is being examined by a physician or a health care provider. For the Orthodox Jewish woman, a female provider is preferable, but the woman will choose the provider she feels is qualified to provide her with the best quality of care and who has the best reputation in his/her field (Abdelhak 2005).Spousal involvement in the delivery of a child is limited. A nurse may feel that the husband is showing no spousal support or compassion to his wife. During the delivery the nurse can encourage him to give his wife support verbally, but the nurse must understand according to the Jewish laws, if a woman is unclean with mucous discharge, bloody show, or amniotic fluid. The husband may exit the room as he is not allowed stay in the room with his wife while she is being examined, unless she is fully covered and will not be exposed to him.To be considered clean again after childbirth or menstruation , the women must go to a ritual bath called the † Mikveh†. The Orthodox Jewish women must consult with their Rabbi for approval of procedures or treatments; amniocentesis or elective cesarean sections. In such cases Orthodox Jewish couples may call their rabbi to ask for guidance on the subject or to get a blessing from him that all will go well. This would not be done in medical emergencies, such as a cesarean section for fetal distress or for inductions for medically indicated reasons (Abdelhak 2005).In the Orthodox Jewish community they believe in â€Å"Be fruitful and multiply†. It is Gods will how many children she will have, in this case the woman will avoid ever having a cesarean section as it can limit the amount of children she can have and she will not be able to fulfill Gods will. After childbirth, the nurse must be aware of the religious practices of naming a child. The woman will not fill her paperwork at the hospital, but rather fill it after the ceremony and return its afterwards.The giving of the name is thought to be a religious event and will lose significance if it is announced before either of these times (Abdelhak 2005). Orthodox Jews observe the Sabbath or Shobbas, which begins at sundown Friday evening and ends on Saturday evening. At this time no electrical appliance may be used or or any traveling by car. If the orthodox Jewish woman is discharged the day of Shobbas; the nurse should know that she will not be able to leave the hospital until Shobbas has ended. To accommodate to her needs the nurse should make sure the woman has a meal before her discharge planning.

Tda 3.4 1.1

Summarise the policies and procedures of the setting relevant to promoting children and young people’s positive behaviour In my setting there are several policy documents that advise both parents and teachers what procedures are in place to help the children to perform to the best of their abilities and also set out guidelines of what the school expects off the staff, pupils and parents. Our schools behaviour policy also incorporates both the code of conduct, dealing with inappropriate behaviour and the rewards and sanctions guidelines, separate to this are the anti bullying policy and the whole school attendance policy . The behaviour policy firstly sets out the aims of the school, explaining how the school promotes good relationships so that people can work together with a common purpose of helping everyone to learn and work together in an effective and considerate way, this is aimed not only at the pupils but to parents and staff alike. It continues to explain that this policy is in place to enable children to grow in a safe and secure environment, and to become positive, responsible and increasingly independent members of the school community. It then goes on to explain the code of conduct expected off children, staff and parents. This includes rules such as parents and staff not smoking in the school grounds, conduct of parents when collecting their children from school i. e. not swearing and being too loud while lessons are still ongoing, to giving guidelines on what is expected from the children while at school. In these guidelines it explains how the school has it’s set of rules but also that each class teacher, at the beginning of the school year, discusses with the children what is expected, behaviour wise, in their class. The children are also invited to give ideas for these class rules, these rules are then printed out and displayed in the classroom. This document then goes on to explain the rewards and sanctions policy, this explains how the children are rewarded for good behaviour in a variety of ways, such as, the giving of house points and presenting their work in school assemblies, it also states as the child gains more house points they work towards certificates Gold, Silver and Bronze, all the achievements the child earns are stored in their Record of Achievement file, which is presented to them as they leave school in year 6. In the explanations of the sanctions the policy, this is under the dealing with conflict and inappropriate behaviour section, gives examples of behaviour that is unacceptable, this can be things such as shouting out in class, being in areas they shouldn’t be and goes, on to the extreme cases such as bullying and assault. It then goes onto the giving of detentions or missing playtimes because of this behaviour and in the more serious cases it explains the fixed-term and permanent exclusions policy. Finally the document goes to explain the roles of all staff members within the school this includes support staff, teachers, head teacher and finally the school governors. These roles are explained in a brief way and if there are any questions to any part of the document not to hesitate to ask for more guidance. The schools anti-bullying policy firstly explains the schools definition of bullying, which is, â€Å"bullying is action taken by one or more children with the intention of hurting a child, either physically or emotionally†. It then goes on to give the schools aims and objectives in this matter, this covers developing the schools ethos in which bullying is regarded as unacceptable, aiming to produce a safe and secure environment where all can learn without anxiety, aiming to produce a consistent response to any bullying that may occur and to make all connected with the school aware of the schools opposition to bullying and to make clear each person’s responsibilities with regard to the eradication of bullying. It then goes on to explain the roles of staff and parent in both dealing with and eradicating bullying, this includes:- 1) The Governors, their role is to support the headteacher in eliminating bullying in the school, they monitor any incidents that occur and review the effectiveness of the school policy regularly. 2) The Headteacher, it is the responsibility of the head to implement the policy and to ensure all members of staff (both teaching and non-teaching) are aware of the policy and how to deal with any incidents that may arise. The head also reports to the governors about the effectiveness of the policy and if it needs amending. ) The Teaching Staff, teaching staff should intervene at the first sign of any bullying, they must keep records of all incidents that happen involving children in their class, if they see another child from another class being bullied or bullying they should immediately inform that childs class teacher so they can intervene and monitor the situation. T eachers routinely liase with each other through staff meetings and discuss existing or new anti-bullying strategies. 4) Non-Teaching Staff, they are instructed to report any signs of bullying straight away to a member of the teaching staff, who can then direct the ssue to the correct teacher. They should intervene straight away and get the names of all children involved so it can be followed up correctly and efficiently. 5) The Parents, any parent that is concerned that their child might be being bullied, or who suspect their child may be the perpetrator of bullying, should contact their childs class teacher immediately. Parents have a responsibility to support the schools anti-bullying policy and to actively encourage their chaild to be a positive member of the school. The policy then goes on to state that it is monitored by the headteacher , who reports to the governors about its effectiveness. The schools whole school attendance policy starts with an introduction as to why it is important the child attends school and has as fewer absences as possible, including the missing of work and how this can affect their education and intellectual development. It then goes on to explain types of absences both authorised and unauthorised, authorised absences include sickness, medical appointments and any emergencies. Unauthorised absences are those that the school does not consider reasonable, these include, truancy, children being generally late, birthdays, holidays in term time not agreed with the school and holidays that exceed those agreed by the school. It is explained that persistent absenteeism at my setting is classed as missing 20% of the school year, it goes on to say that this severely hampers a childs intellectual development, persistent absentee pupils (PA’s) are tracked and monitored closely and all of these cases are automatically made known to the Local Authority Attendance Team. The policy then states the absence procedure of contacting the school as soon as possible , if not contacted the school will telephone the parent/carer on the first day of absence, if absence persists invite in the parent/carer to discuss the situation and refer to the Early Intervention Officer linked with the school if attendance moves below 85% as per Local Authority protocol. It then explains the role of the Attendance Officer, which is to try and resolve any issues with the school and make a signed agreement with the parent/carer about future attendance, if the matter still persists they can sanction penalty notices or even prosecutions in the Magistrates court, these are of course the last resort if all other avenues have failed. It then goes on to holidays in term time where it says how taking these holidays can affect the childs schooling and that any monetary saving of these holidays can be at the cost of the childs intellectual development. Religious absences such as Eid are authorised but no more 3 days in a school year. Finally the policy states the roles of individuals and their responsibilities of them in keeping to this policy, they are:- Parent/ carer should ensure regular attendance, contact school, try to avoid in term holidays Pupils attend school/registration punctually, speak to an adult if any issues arise that may effect school attendance Headteacher should take lead in ensuring attendance has a high profile in the school, ensur all staff know their responsibilities, take overall responsibility for ensuring the school conforms to all statutory requirements in respect of attendance All school staff should provide a welcoming atmosphere to encourage childrens attendance and provide a safe learning environment, provide a sympathetic response to pupils concerns, be aware of the factors that may contribute to non-attendance, participate in training regarding school procedures. Finally the policy document shows an example of the application for absence from school form to be filled out for any holidays or extended leave, a copy of this is included in this assignment.

Monday, July 29, 2019

Preparing a contract administration plan Essay Example | Topics and Well Written Essays - 500 words

Preparing a contract administration plan - Essay Example The company adopts contract administration plan. This plan, as implemented by the company includes a series of measures undertaken to ensure that contracts execution are monitored for effective performance. One of the approaches adopted by the company towards contract administration is a well established â€Å"contract management system,† a system that records information about contracts for effective management. In order to maximize its capacity to manage data on processes and transactions, the organization applies a combination of data base applications that include â€Å"Access, FoxPro and SQL† (Harmon and Stephan, 2001, P. 2). The three systems have historically been incorporated into the organizational management to ensure continuity and familiarity in management processes. The organization has also implemented contract administration plan through ‘well-managed’ schedules. Adoption of electronic approach by the company has particularly facilitated an efficient contract management plan. Through this approach, the company ensures predefined and planned undertakings in executing contracts. The management schedule has also facilitated proper administration of processes that are undertaken in pursuing contracts. Similarly, the organization uses schedule management to identify anomalies in time plans and to initiate corrective measures. Monitoring and evaluation of proposed schedules and a comparison with the actual schedule has also been a critical tool for the company towards administration of contract plans (Harmon and Stephan, 2001) Proficiency in managing financial accounts and obligations in deliverables is another approach that the company applies towards administration of contract plan. By tracking consideration in agreements, the company avoids litigations for failure to meet its obligations in time. It has also helped the company to monitor and

Sunday, July 28, 2019

Gnosticism and Christianity Essay Example | Topics and Well Written Essays - 500 words

Gnosticism and Christianity - Essay Example Gnosticism and Christianity In spite of the fact that this might be a rather sound philosophy, early Christianity opposed it much. To begin with, Gnosticism rejected the supremacy of the Creator which was one of the major postulates of Christianity. In addition to that, it claimed the world to be evil, but Christianity could not agree that God had created something evil for the people. That is why the latter often rejected the former, suggesting that it is incompatible with the genuine Christian beliefs. There are numerous dogmas in Christology that are of great important. One of them is the teaching about the nature of Christ. According to it, Jesus is simultaneously a full human and a full God. This is a rather important reservation since it shows that the perfect balance in maintained. This doctrine was developed in response to various heresies which claimed that Jesus is either more human or more God. Another important dogma focuses on the significance of Resurrection. Indeed, this is one of the major event in the world history, as it seen by Christians, since after the Resurrection all the people in the world was provided with a chance to save their soul through genuine faith in Jesus. The significance of it can hardly be exaggerated as it shows that God loves people so much that He was willing to sacrifice His own Son for the good of the people. Monasticism is an essential tradition without Christianity. Of course in the fest centuries it could not develop much because this religion was outlaw; however, when it was legalized monasticism was able to flourish.

Saturday, July 27, 2019

Criminal Justice - Homicide Studies Research Paper

Criminal Justice - Homicide Studies - Research Paper Example Report on the Ethics Committee, 2010 The Ethics Committee reports regularly to the American Psychological Association. In its report of 2010 the committee has address the topics pertaining to the ethical issues such as psychologist consulting to reality TV programs, psychotherapy, issues related to psychologist, giving psychological treatment over the internet, etc. In 2010 the Ethics Committee responded to majority of the requests received by the office and attended 46 workshops and discussions on national and international level throughout the year. The responsibilities of Ethics Committee includes to consider the individual cases, cases of the state licensing board or court and finally those which result from committee’s own initiative after getting information from the public. The Ethics Committee starts its working when it receives an inquiry letter from an individual. The show case process starts with a notice from the state licensure board. Then the preliminary investig ations are made to decide whether the case should be closed or it should proceed to the level of formal case. These investigations provide detail information about complain. Formal cases are opened if the responded proved to be charged for ethical violation. The cases pertaining to ethics which meet the threshold criteria are then referred for resolution. The sanctions described in Rules and Procedures (APA, Ethics Committee, 2002) includes that the individuals should be terminated from the APA membership or they should be reprimanded or censured. In the cases reviewed by the committee in 2010 no reprimands were made, there were two cases of censure and five cases of loss of membership. Crime and Delinquency The American population is exposed to pictures of crime and delinquency through all the digital devices and social media which results in fear and affect the attitude of the people and their voting habits. Politicians are using crime and delinquency in their policy agendas to at tract people to vote for them. The relationship between crime, delinquency and political science is determined by deterrence theory, conflict theory, labeling theory and radical theory. All of these are related to the main topic because they are considered important by the political science, crime and delinquency scholars and the theories include the analysis of government and political institutions. The theories are useful in explaining the government and political processes about the criminal acts. After selecting the theories further research articles were obtained from J-store sociological database on the basis of contemporary theoretical trends and past development of the tactic. The results showed that the societal fears gives rise to criminal acts and ultimately ends on criminal punishment. Deterrence theory suggests that the criminals should be punished publically so that it discourages the public to involve in such activities. Conflict theory suggests that criminal acts hav e their roots in the instability between political and social groups. According to the labeling theorist the criminals should be labeled negatively but this negative label can encourage the criminals to act in the same way in future as well. Historical records have shown that the labeling

Friday, July 26, 2019

Business law case study Coursework Example | Topics and Well Written Essays - 3000 words

Business law case study - Coursework Example The Unfair Commercial Practices Directive (UCPD) was passed on May, 2005, and had to be executed by member countries into national law by June 12, 2007 and it was applicable by December 12, 2007. Nevertheless, some member countries – for example, the UK, Spain and Germany – were late in adapting this law. It is said that there are various forms of misleading information about advertising on the internet, but the main form is still associated with misleading pricing information. Clients have complained that some of the prices that firms put on their websites are not the actual prices they pay when they buy the product. Such a case was witnessed in Hillingdon Electricals Ltd (HEL) when they stated on their website that the price of iPads and Tablets were ?29 and ?19, respectively while the actual prices were ?290 and ?190 respectively. This matter brought up a lot of controversy to the organisation, where they ended up stating that it was due to human error. Some clients how visited the store demanded to be sold the gadgets on the prices advertised while others, who had bought the gadgets online went to the store to demand for refunds. This paper will discuss these issues and advice specific clients who were caught in this tussle on their next move. Scenario A – Tony and Ursula Under the Sale of Goods Act of 1979, there are a harsh set of regulations, which sellers and retailers are expected to abide by (Wallington, 2010). When someone purchases a good, it signifies that they have entered into an agreement or contract with the vendor of the good. Under the Sale of Goods Act also, goods should be described, fit the purpose and of satisfactory quality. Fitting the purposes signifies both their day to day use, as well as also any particular purpose, which the buyer agreed with the vendor (Kidner, 2012). For instance, a buyer might specifically request for a printer, which would be compatible with his/her computer. Products sold are also expected to fit nay sample they were show in-store or any explanation in the brochure. Also, the issue of pricing comes into play because there are cases where a client can buy a product online thinking that they paid the price stated on the website and that is not true (McCarthy, 2010). If you wish to claim for a refund under the Sale of Goods Act, then you have a couple possible ways of settling your issue, relying on the situation and what you wish to be done. The claimant’s rights are against the vendor – the organisation, which sold them the product – not the producer, and so they should make any claim not towards the manufacture, but against the retailer. Nevertheless, this act does not apply to products that a client has bought on hire purchase (HP). If someone buys a product, which turns out to be flawed, then they can opt to reject it. This means they can return it and get a full refund of their money (Slocombe, 2012). The word flawed was explained at the begin ning of this section, which also included pricing errors (Wallington, 2010). However, the law only grants you a logical period to do this – what is logical lays on the good and how clear the error is. But, even with complex items or considerable purchases, it is much safer to work with the basis that you normally have less than three to four weeks from the day you received the product to reject it (Kidner,

Thursday, July 25, 2019

Is gender equality achievable in a Muslim society Research Paper

Is gender equality achievable in a Muslim society - Research Paper Example Since the pre-modern era, Muslim society has maintained a strong stand regarding gender-based issues that seemed to bring confusion in the community (Razack 23). This entailed specifying clearly diverse rights encompassing both genders coupled with certain areas and rituals where they best applied. Islam mainly draws its guidance from Qur’an whose teachings normally regard men and women as equal before God and no one is a derivative of the other (Keshavjee 113). However, during prayers, the worship doctrines disregard the service of a woman being an Imam. For the past 150 years, Muslim society has undergone tremendous changes fueled by the emergence of modernity in their states. Moreover, the western culture, like other global communities, has influenced Muslim society towards esteeming of women to the extent of allowing them into the political arena (Fadel). For instance, within the 150-year span, Muslim women have shown excellence in politics and other varied areas like educ ation where some of them are prominent scholars. This is evident in states like Pakistan where Benazir Bhutto held a post of prime minister. These manifestations backed by some religion liberties foresee the achievable gender equality in Muslim society. Islam is particularly amusing in the context how it defines gender equality. For instance, contrary to other societies, at certain incidences women have the privilege of inheritance when even the most influential people do not encompass any mandate to question (Abdullah). This is evident in the case of the husband’s demise or when the father willingly offers to give inheritance. Muslim society defines gender equality in diverse contexts that encompass ritual, family and public. In the family with the man being the head, a woman is liable for the family’s upbringing in the absence of the husband when she becomes the one in charge (Keshavjee 109). Other contexts, except religious services, do not hold strict guidelines wh ich pave more way for women to exercise diverse privileges that will uplift equality. Globally, women activists, especially the political figures, continue to exact pressure regarding Muslim female gender recognition (Abdullah). This aspect acts a motivation to the upcoming female generation who will be vibrant in ensuring that their presence and dignity receive necessary esteem. Hence, they contribute to gender equality even in the most cultured states that currently fail to accept feminine political leadership. Contrary to the pre-modern theologians, who advocated against women holding certain posts in the society, the current situation has changed (Keshavjee 112). Numerous states have permitted women to venture in the political arena where, according to their excellence, they can assume varied posts at which their competence can allow them serve best. This is evident in states like Pakistan, Turkey and Bangladesh (Feryal). Modern religion theologians are not anti-female concernin g their serving in elevated posts so long they observe norms of modesty. Education has also contributed immensely to the emancipation of females from the strict cultures of various states, especially those that entail extremism and enhancement of gender equality (Abdullah). This has offered a woman an upper hand and revolutionized her against certain weird practices, for instance, public canning of women lawbreakers. The action emanates from modern theology that offers room to women since some are becoming independent due to education status, thus, some becoming scholars (Keshavjee 110). This renders them being cosmopolitans and encountering west modernity that continues revolutionizing women further (Feryal). For illustration, an English-speaking Muslim does not apply family law that the Middle East states advocate and emphasize. This depicts a revolutionized society that has disregarded some practices that degrade women and adopt those which will try to enhance equality due to ove rwhelming family

Wednesday, July 24, 2019

What is art Purposes of art Essay Example | Topics and Well Written Essays - 1250 words

What is art Purposes of art - Essay Example Everyone understands what art is, yet there is hardly anyone, who can clearly define what art really is, because art is very practical, yet divine. It adds depth to our lives; it helps us to communicate emotions, feelings and thoughts. Art can be found everywhere around us, yet it has to come from within. Art is so common that at times it takes an effort to see it, yet it is also so rare and unique that, once you experience it, it lifts up the spirit and improves our lives. There is only one thing that is clear and sure about art – it always has a purpose. All of us are creative – each in his own unique way, and each of us pursue his creativity to a different extend. 3.Does art have to be visual and tangible? Explain There are different kinds of arts; some of the kinds are â€Å"visual arts†. Those are painting, sculpture, an architecture, film and photography etc. There are also other kinds of art, such as music, which is not visual by any means, and it cannot b e felt in any physical way, it is not tangible. Yet, just like a masterpiece of â€Å"visual† artwork has an effect on our senses, the same way music touches our hearts and oftentimes penetrates our senses. And the greatest effect on us has a combination of different kinds of art, like combination of visual art and music gives us theater and films. 4.For the sake of argument let’s say that the art world consists broadly of artists, art critics, museums, galleries, art dealers, art historians, art educators, art students and those who enjoy and appreciate art. Consider art as those things specifically intended to be art. Do you think that you are greatly separated from the art world? Explain. If art would only be something that we can experience in special places, such as museums and galleries; if the one could enter the world of art only with the people who gathered specifically to discuss art, or to admire it, then many people would be greatly separated from the art w orld. Fortunately, art is such an integral part of our lives that we can experience it every day. 5.Name 3 purposes of art and give an example of each. To communicate information – viewing works of great masters, we can learn historical details about people’s lives, events, etc. It can even simply tell us about emotions artist experiences; and much more. Social and political purposes – art can be a powerful way to convey a message, draw attention to problem and even to offer solutions. Spiritual purposes: architecture, literature, paintings and other arts are used to bare religious, spiritual, devotional messages. 6.What are some of the ideas art can communicate? How do you see these ideas communicated in your everyday life? Art can bring to attention wide spectrum of ideas, such a discrimination, patriotism, care for elderly, or even integrity and honesty, need for education and so much more. Mostly, in everyday life ideas are communicated through visual arts, such as television, photography, as well as music. 7. What structures or works of art are for spiritual sustenance? Are there any such structures in your community? There are various works of art that are used for spiritual sustenance, such as church buildings, sanctuaries, paintings, etc. Most communities have at least one building for worshiping, which is either a work of art in itself, or it is decorated with different artworks. 8. Briefly describe the subject matter in the art of Romare Bearden. There are many subjects Bearden addressed in his art – places he lived and worked in, landscapes, religious matter, jazz music and many more. Yet the subject matter that became his primary for 25 years is life of Afro Americans. 9. What does his art reveal about the time and place in which he (Bearden) lived? Bearden’s art reflects main concerns of the society of that time. It is easy to see that the world is really contrasting place, and at times the emotions artist expres ses about it are very mixed and complex. 10.What are three traits of creativity? Creativity is often intuitive, has a strong inner

The Issue of Masculinity in Short Stories Literature review

The Issue of Masculinity in Short Stories - Literature review Example As the paper outlines,  the issue of masculinity is a major subject in the three short stories. John Berger’s story ways of seeing tries to explain how women and men are viewed and perceived differently by society. During Berger’s time, the way women and men were represented culturally had extensive influence on their mutual perception, self, and conduct. In my view, the way Berger portrays the men and women is a true reflection of how they are viewed in the contemporary society where there is widespread gender discrimination, oppression of women by dominant men and objectification of women. As Berger aptly puts it, "men act – women appear"(72), men are judged by what they do or their action while women are always judged by their appearance. However, in contrast to the common notion that women are mere objects, they can be a source of inspiration as portrayed in â€Å"The Life You Save May Be Your Own† by Flannery O’Connor’s. Lucynell Crate r Offers Tom Shiftlet a chance to attain Grace. He had no friends, had been wandering but in the long run, Lucynell assists him to get a chance to work hard, get a household, live a quiet life and have an opportunity of watching the beautiful sunset. Although O’Connor’s story shows that women can influence men’s life, it is evident that sometimes men do not appreciate the assistance offered as proven by Shiftlet’s opinion on his marriage as he states, "that was just something a woman in an office did, nothing but paperwork and blood tests†(28). Although he had negative views of the marriage presided by a woman, it can be concluded that he was ultimately married legally to Lucynell’s daughter. My analysis of Tall Tales from the Mekong Delta by Kate Braverman show that society views women as people who can be influenced easily by men to engage in immorality. Braverman states, â€Å"The thrill of motorcycle rides and diamonds offered by Lenny h ad a great influence on her substance abuse†.

Tuesday, July 23, 2019

Hidden Job Market Coursework Example | Topics and Well Written Essays - 750 words

Hidden Job Market - Coursework Example The â€Å"Push† tactic is an effort to reach out to the job market and solidify your presence amongst employers and organizations of your interest not as a job seeker but as a student, volunteer, business partner or mentee. Volunteerism is a very effective tried and tested way to go about it. Often, large organizations are involved in arranging speeches, recruitment drives, competitions, sales and marketing drives, and discussion forums. This serves to achieve several objectives of not only building a strong network but also a chance to learn about the business of different organizations that can come handy while interviews and also a chance to make a great impression on those you are helping out. The trick is to carefully and purposefully exhibit your qualities and at the same time hint you are actively looking for employment. Another strategy can be to be constantly involved in small projects and initiatives with different companies and employers. It is a great opportunity t o add some solid experience and exposure on your resumes while at the same time making a position for yourself in the company. The projects can range from freelance content writing to surveys, from marketing reports to finance projects. The idea of â€Å"Pull† is to bring the hidden job market to you and this can be achieved by branding and marketing yourself most effectively. As Kevin Donlin says job hunt is nothing but a marketing campaign (2007). The first step is to design an outstanding resume and focus it around your key skills and area of interest. The second is to prepare a set of cover letters that are tailor made for every job genre you are interested in. But these cover letters should be treated as more like sales letters with personalized greetings, your skills proven by numbers and facts, and finally an offer that would blow the employer off and set you apart from other candidates like claiming to save the company millions of

Monday, July 22, 2019

Philosophical Analysis Essay Example for Free

Philosophical Analysis Essay â€Å"In the case of an ordinary illusion of the senses we often say: This object seems thus or so; but in reality it is thus (but) the seeming is opposed to the reality only in so far as the chance experience of one point of view gets contrasted with what would be, or might be, experienced from some larger, more rationally permanent, or more exclusive and uniting point of view. † Truth is the embodiment of reality; reality is the embodiment of experience. Yet, truth and reality are problematic concepts. Reality, when expressed in categorical terms, is in itself manifest-creating concept; that is, there is no clearly defined boundary of finding the essence of entities. In short, an attempt to define reality will result to more questions. An attempt to examine the source or basis of reality will inevitably result to ambiguity. What is the implication of this fact to truth? Truth also becomes a manifest-creating concept. Its basis is, from a vantage point, a derivation of reality (Kant, 1786/1926). Here, there is a need to mention two bases of truth and reality. For some philosophers, reality and truth are generally derived from sense experience. Aristotle once argued that the fundamental basis of reality is actual reference to existing objects. Here, reality is objective; truth is absolute. For other philosophers, rationality rather than sense experience is the formal basis of reality. Descartes, for example, argued that sense experiences often result to disconcerting assumptions of what is real and ought to be real (Descartes, 1637/1999). An example may suffice this point. Suppose an individual sees an oar in the water. From sense experience, the individual will interpret the phenomenon as genuine phenomenon. However, the individual perception of what is real is compounded by illusory assumption of what ought to be real. Descartes argued that the oar in the water, when rationality is used as means to discern truth, is a reflection of an actual oar. 2) â€Å"The best definition of truth from a logical standpoint is that which is fated to be ultimately accepted by all investigators (and not something to be identified with) some purely personal end, some profit upon which a particular individual has set his heart. † For many centuries, philosophers pondered on the best definition of truth. Perhaps, the most influential philosopher who developed a systematic approach in analyzing the nature of truth is Immanuel Kant. According to Kant, truth in categorical definition is a derivation of collective facts (Kant, 1786/1926). Kant argued that when a set of facts are accepted to be truth by rational individuals, then it is by definition, part of truth. Subsequent philosophers such as Whitehead and Russell expounded on the concept of truth. According to these philosophers, there exists a set of truths which in character is both relative and self-sufficient. Truth is relative because the discretion of a group of rational individuals is also relative. It is self-sufficient because its consequence is self-compelling. When presented to different individuals, a truth compels the individual to believe and accept it as true. What is the general consequence of these assumptions of truth? In essence, such assumptions reject the notion of absolute truth. Absolute truth defines an epistemological basis of reality; that is, reality bounded not by the laws of nature, but by the law of necessity. One can refer to this reality as Being, Divine entity, or God. However, absolute truth is not necessarily a definitive clause of a Divine entity. Absolute truth is assumed by some philosophers to be manifested in quintessential entities; entities which are purported to exist in reality. It may be argued that this interpretation of reality may be a personalistic interpretation of ends. In any case, it is possible to prove this assumption. References Descartes, Rene. 1637/1999. Discourse on the Method. London: London Publishing House. Kant, Immanuel. 1786/1926. The Critique of Pure Reason. New York: Macmillan Publishing Company.

Sunday, July 21, 2019

The Evolution Of Microelectronics Information Technology Essay

The Evolution Of Microelectronics Information Technology Essay The technological progress of the past decade has played an important role in the advancement of modern society by continuously supplying better quality goods which are accessible to the mass markets. Innovation has shaped our society as we know it which would otherwise be completely different from simple shopping to the achievements of modern medicine, from the hugely successful entertainment industry to the highly sophisticated education system none of these would have been possible without the solid backbone of modern technology. And technology would not exist if micro-electronics was not the highly developed and researched science it is today. A mere 60 years ago, no one would have been able to predict the impact of emerging technologies on worldwide business and economics few would have fathomed the concept of the Internet or even the remote possibility of wireless mobile telephony. The latest breakthrough in technological research is that of nano-electronics. Even if while writing this, nano-electronics is still a largely uncovered science, the odds are that over the following years it will have the potential to realign society, business and economics. Nano-electronics at the consumer level will touch all aspects of our economy, from wages to employment, purchasing, pricing, capital, exchange rates, currencies, markets, supply and demand. Nano-electronics may well drive economic prosperity or at the least be an enabling factor in productivity and global competitiveness. The Evolution of Micro-electronics. Figure 1: Evolution of Micro-electronics The intensive effort  by professionals in the electronics campus to increase the reliability and performance  of products while reducing their size and cost has led to the results that hardly anyone would have predicted but which we have all come to expect. In-fact many think that electronics made a revolution in human history and shaped our future in a way it would never have been possible. Through the years we saw the evolution of electronic components which decreased in size while performing increasingly complex electronic functions at ever higher speeds. It all began with the development of the transistor. Prior to  the invention of the transistor in 1947, its function in an electronic circuit could be performed only by a vacuum tube. Vacuum tubes were found to have several built-in problems. The main problem with these tubes was that they generated a lot of heat, required a warm-up time from 1 to 2 minutes, and required hefty power supply voltages of 300 volts dc and more. Another problem was that two identical tubes had different output and operational characteristics therefore designers were required to produce circuits that could work with any tube of a particular type. This meant that additional components were often required to tune the circuit to the output characteristics required for the tube used. Figure 2: A typical vacuum-tube chassis The first transistors had no striking advantage in size over the smallest tubes and they were more costly. The largest advantage the transistor had over the best vacuum tubes was that it consumed much less power than a vacuum tube did. Besides they also provided greater reliability and longer life. However, it took years to demonstrate other advantages of the transistor over vacuum tubes. The advent of microelectronic circuits has not, for the most part, changed the nature of the basic functional units: microelectronic devices were still made up of transistors, resistors, capacitors, and similar components. The major difference is that all these elements and their interconnections are now fabricated on a single substrate in a single series of operations. Several key developments were required before the exciting potential of integrated circuits could be realized. The development of microelectronics depended on the invention of techniques for making the various functional units on a crystal of semiconductor materials. In particular, a growing number of functions  have been given over to circuit elements that perform best: transistors. Several kinds of microelectronic transistors have been developed, and for each of them families of associated circuit elements and circuit patterns have evolved. The bipolar transistor was invented in 1948 by John Bardeen, Walter H. Brattain and William Shockley of the Bell Telephone Laboratories. In bipolar transistors charge carriers of both polarities are involved in their operation. They are also known as junction transistors. The NPN and PNP transistors make up the class of devices called junction transistors. A second kind of transistor was actually conceived almost 25 years before the bipolar devices, but its fabrication in quantity did not become practical until the early 1960s. This is the field-effect transistor. The one that is common in microelectronics is the metal-oxide-semiconductor field-effect transistor. The term refers to the three materials employed in its construction and is abbreviated MOSFET. The two basic types of transistor, bipolar and MOSFET, divide microelectronic circuits into two large families. Today the greatest density of circuit elements per- chip can be achieved with the newer MOSFET technology. Today, an individual integrated circuit on a chip can now embrace more electronic elements than most complex pieces of electronic equipment that could be built in 1950. In the first 15 years since the inception of integrated circuits, the number of transistors that could be placed on a single chip has doubled every year. The 1980 state of the art circuit is about 70K density per chip. The first generations of the commercially produced microelectronic devices are now referred to as small-scale integrated circuits (SSI). They included a few gates. The circuitry defining a logic array had to be provided by external conductors. Devices with more than about 10 gates on a chip but fewer than about 200 are medium-scale integrated circuits (MSI). The upper boundary of medium-scale integrated circuits technology is marked  by chips that contain a complete arithmetic and logic unit (ALU). This unit accepts two operands as inputs and can perform any one of a dozen or so operations on them. The operations include addition, subtraction, comparison, logical and and or and shifting one bit to the left or right. A large-scale integrated circuit (LSI) contains tens of thousands of elements, yet each element is so small that the complete circuit is typically less than a quarter of an inch on a side. Integrated circuits are evolving from large-scale to very-large-scale (VLSI) and wafer-scale integration (WSI). Since the transistor was invented over 50 years ago, the trend in electronics has been to create smaller and smaller products using fewer chips of greater complexity and smaller feature sizes. The development of integrated circuits and storage devices has continued to progress at an exponential rate; at present it takes two or three years for each successive halving of component size. Nanoelectronics refer to the use of nanotechnology on electronic components, especially transistors. Although the term nanotechnology is generally defined as utilizing technology less than 100  nm in size, nanoelectronics often refer to transistor devices that are so small that interactions and quantum mechanical properties need to be studied extensively. As a result, present transistors fall under this category, even though these devices are manufactured under 65  nm or 45  nm technology. Nanoelectronics are sometimes considered as disruptive technology because present candidates are significantl y different from traditional transistors. Some of these candidates include: hybrid molecular/semiconductor electronics, one dimensional nanotubes/nanowires, or advanced molecular electronics. Although all of these hold promise for the future, they are still under development and will most likely not be used for manufacturing any time soon. Economical and Social Impact of Micro-Electronics and Nano-Electronics. Fears of massive unemployment have greeted technological changes ever since the Industrial Revolution. Far from destroying jobs, however, rapid technological advance generally has created many new important opportunities. In the quarter-century, the industrial economics were flooded with new technologies while at the same time the amount of unemployed people has drastically been lowered. Lately with the help of new findings in the area of microelectronics and nanoelectronics they will have a fundamental impact on both the numbers and types of jobs in the industrial worlds in the following years. The microelectronic revolution already affected employment in enterprises ranging from steelworks to any other company and will continue to affect every aspect of work. Although microelectronic and nanoelectronic controls will not sweep through the industrial world overnight, most experts expect them to be firmly established in production processes. Set against these concerns, however, its a fact that nanoelectronic technologies will increase productivity over a broad range of industrial enterprises. In theory this should lead to enhanced economic growth, which in turn will translate into new roles. Put crudely, the extra production made possible by technological changes coincided with rising wealth and increased demand for manufactured goods and services, a combination that leads to high rates of economic growth and near-full employment. As is well known, combination of technological changes and economic pressures led to a sharp reduction in the worlds agricultural work force over the past half-century. In every major industrial country the agricultural labor force now represents less than 30 per cent of the working population. While the number of agricultural workers has decreased, however, output has risen substantially in general due to manufacturing firms which thus have replaced the workforce needed. At the same time, output, while fluctuating in tune with recessions, has increased. The phenomenon of jobless growth (growing in manufacturing but decreasing or maintaining the same level of employees) has now become established in the goods producing companies, this because mainly through technological change. Underlying this trend is the fact that investment in new production technologies has sought largely to streamline production processes rather than to expand output at a time demand is low and there is a high average wage rate. While these jobs and investment patterns have been developing, employment in the tertiary sector of finance, insurance and government services has been expanding rapidly. It is important to note that it is the productivity increases in the manufacturing industries that have themselves created the economic growth that in turn led to the increased demand for the services of the tertiary sector. This transition from agriculture to industry, and more recently to tertiary sector employment, has not been smooth or even. First, it is clear that microelectronic technologies will create jobs in those industries which manufacture electronic products. There are billions of money which are being lavished on mobile phones, electronic gadgets, computers and other microelectronic products which have spawned a whole industry that did not even exist a decade ago. It was found that about 10 million people are now employed in the electronics industry in the United States only. Through research and technological advancements micro-processors are much more efficient and cost effective that these are being used in almost everything. Micro-processors nowadays can be found in washing machines or incredibly enough also in toys, where years ago one would need to be very wealthy to have a micro-processor working and the phenomenal speeds which they work now. The use of microprocessors in manufacturing industries has essentially intensified the jobless growth that has been taking place in industrial countries in recent years. One should also note that the use of computers and other intelligent machines will lead to increased employment in some areas such as the growing industry of e-business. Today almost every person of the world bought something from the Internet, may it be clothes, electronic products, or any other thing. This industry nowadays is producing so much money that is very difficult to quantify. Computer programming, for example, is a labor-intensive activity that is a likely source of many thousands of new jobs. Demand for programmers is already outstripping supply, and some analysts have even suggested that this shortage could constrain growth in the use of computers in the coming years. But in most other areas of the tertiary sector, microelectronics is likely to lead to slower rates of employment growth or even to job losses. In areas such as insurance and banking, which arc labor intensive occupations that rely primarily on printed paper for their transactions, the application of electronic technology could have a major impact. Nowadays everything in the office is automated . The introduction of word processors, computers, and emails is also another aspect which has affected the economy both from a positive side and from the negative side. In todays offices only a few clerks are needed for what used to be a 50 person job in the 1960s like for example, a word processing task which is done using a computer and which has indeed resulted in unemployment., The positive side is that companies are much more efficient and communication is much more reliable. A simple example is a clerk who is employed with a company which deals with shipping of goods. Nowadays with the help of VPNs (virtual private networks) the clerk connects to his companys server through the internet and can work easily from home. This would alleviate electricity costs for the company as the employee is working from home, while the employee is comfortable working from home. Another simple example how reliable communication has advanced through technological research is by the use of emails. To day one sends an email to any recipient with some simple keystrokes. In turn the recipient receives this email in relatively a few minutes, and if there is a failure the system automatically notifies the sender that a communication has failed and he needs to resend it again. When postal mail was used it was a common thing that mail was lost and neither the sender nor the receiver would know where the letter is and if it has been delivered. The corporate computing environment has witnessed dramatic changes in the last few years, with a shift from rapid expansion of IT infrastructure in support of growing business needs, to carefully managing existing assets and investing in new strategic technologies that provide specific competitive advantages. Information technology managers today are challenged with providing more services to more users, meeting ever-increasing performance expectations, storing and managing exponentially increasing amounts of data, better protecting the network, a nd ensuring system stability-all with limited possibility to expand data centres because of shrinking budgets The advance in microelectronics and nanoelectronics affects not only the number of jobs in industrial countries, but also the type of jobs which will be available. The early use of robots on assembly lines has largely been dangerous and dirty. But as automation extends into design shops and machine rooms, highly skilled occupations were affected. And, at the other end of the sale, the use of computers and storage area networks have eliminated many filing and routine clerical jobs. Microelectronics thus has the potential, to decrease skill requirements in some jobs and increase them in others. Another example where micro-electronics has succeeded is in the area of robotization. The main purpose of robotization is certainly to improve the productivity of manufacturing processes and the qua1ity of products, which help increase competitiveness of produced goods in the market and bring in gains for the companies. From a broader view point, the increase in process productivity may accelerate growth of these industries and then contribute to the growth of the national economy. The preceding discussion indicates that robotization gives rise to reduction in employment in manufacturing processes, which will be at least partly covered by expansion of the market in the long run. It is obvious that seriousness of the employment impact will be greatly eased by the latter effects. Therefore we should estimate how much these effects will be, and if possible in what time spans these effects will emerge. However, it should be noticed that the compensation is only to a certain degree even if it takes over the first type impact in number. The job pattern in a factory or a company will change and transfer of labour force from the jobs for which robots are introduced to those created by market expansion is unavoidable. Another type of economic impact of robotization is as described before impact on the international market. Expansion of exports or at least the reduction of imports of manufacturing goods due to increase in their competitiveness in the international market gives positive impacts on the national economy, but in many cases with the sacrifice of worsening trade balance of partner countries. It means that the competition in the international market is likely to be a zero sum or a1most a zero sum game at least in the short run. All developed countries are certain1y members of the game, new1y industrialized countries or emerging countries will be more sensitive to changes in market competitiveness of member countries. Though the microelectronic revolution already impacted most of the countries in the world, nanoelectronics is likely to have a major impact on the numbers and types of jobs available in the industrial world over the next few decades, every expert who has studied the subject has reached the same conclusion: More jobs will be lost in those countries that do not pursue the technology vigorously than in those that do: Because nanoelectronics will enhance productivity so greatly, the industries that move swiftly to adopt the technology will have a competitive advantage in international markets. As the global economy continues to be transformed by new technology, there will always be need for talent, intellectual property, capital and technical expertise. We see many of these factors responsible for shaping how nations today compete, interact and trade. Technical innovations will increasingly shape economies and market robustness. Technology will continue to drive global and domestic GDP. Competition will be fueled increasingly by fast breaking innovations in technology. Today this is obvious as rapid technological changes in telecommunications, life sciences, and the Internet demonstrates the emergence of entirely new economic and business realities. If the proliferation of todays technologies to form new business models is any indication of the speed and power of change in the economy, future nano-technologies will make for an even more dramatic shift. Rates of progress in microelectronics suggest that in about a decade 80% of the people in the world will possess a notebook-size computer with the capacity of a large computer of today. The future increase in capacity and decrease in cost of microelectronic devices has not only given rise to compact and powerful hardware but also bring qualitative changes in the way human beings and computers interact. Computing and storage capacity are many times that of past microcomputers: tens of millions of basic operations per second manipulate the equivalent of several thousand printed pages of information. The personal computer can be regarded as the newest example of human mediums of communication. Various means of storing, retrieving and manipulating information have been in existence since human beings began to talk. Although digital computers were originally designed to do arithmetic operations, their ability to simulate the details of any descriptive model means that the computer, viewed as a medium, can simulate any other medium if the methods of simulation are sufficiently well described With the technological advance in nanoelectronics multi-core processors represent a major evolution in computing technology. This important development is coming at a time when businesses and consumers are beginning to require the benefits offered by these processors due to the exponential growth of digital data and the globalization of the Internet. Multi-core processors will eventually become the primary computing model because they offer performance and productivity benefits beyond the capabilities of todays single-core processors. Multi-core processors will also play a central role in driving important advancements in PC security and virtualization technologies that are being developed to provide greater protection, resource utilization, and value for the commercial computing market. One particularly frustrating process is compiling software after the code has been written. Compiling is notorious for overloading computer processor capacity and causing, in many cases, lengthy development cycles. During these periods, software engineers are at the mercy of their computer resources. In many cases, the speed at which software code is being compiled results in greater productivity for the programmer. Overall, that translates into a more efficient software development cycle. Consumers, too, will have access to greater performance than ever before, which will significantly expand the utility of their home PCs and digital media computing systems. Multi-core processors will also have the benefit of offering performance without having to increase power requirements, which will translate into greater performance per watt. Placing two or more powerful computing cores on a single processor opens up a world of important new possibilities. The next generation of software applications will likely be developed using multi-core processors because of the performance and efficiency they can deliver compared to single core processors. Whether these applications help professional animation companies produce more realistic movies faster for less money, or create breakthrough ways to make a PC more natural and intuitive, the widespread availability of hardware using multi-core processor technology will forever change the computing universe. Computer processor design has evolved at a constant pace for the last 20 years. The proliferation of computers into the mass market and the tasks we ask of them continue to push the need for more powerful processors. The market requirement for higher performing processors is linked to the demand for more sophisticated software applications. E-mail, for instance, which is now used globally, was only a limited and expensive technology 10 years ago. Today, software applications span everything from helping large corporations better manage and protect their business-critical data and networks to allowing PCs in the home to edit home videos, manipulate digital photographs, and burn downloaded music to CDs. Tomorrow, software applications might create real-world simulations that are so vivid it will be difficult for people to know if they are looking at a computer monitor or out the window; however, advancements like this will only come with significant performance increases nd inexpensive computer technologies. Multi-core processors have the potential to run applications more efficiently than single-core processors-giving users the ability to keep working even while running the most processor intensive tasks in the background, like searching a database, rendering a 3D image, ripping and burning music files to a CD, or downloading videos off the Web. For years, independent software vendors delivered imaginative and robust solutions to solve real-world problems, benefiting both businesses and general consumers. Businesses rely on constantly improving software for automating exceedingly complex processes, including those dealing with e-commerce and information management. Consumers are doing more complex tasks on their PCs, including manipulating digital photographs and media, and running cutting-edge games. The sheer number of new applications, and the exciting functionality they provide, is a credit to software engineers. However, in their quest to design more sophisticated applications, while at the same time making them easier to use and more cost-effective, these professionals are regularly pushing the limits of current processor capacity. Multi-core processors will solve many of the challenges currently facing software designers by delivering significant performance increases at a time when they need it most. With increasing competition and market demands, engineers need to provide more functionality into their designs in less time. Whether enhancing and updating large, enterprise applications or developing the next generation PC game, software developers are acutely aware of the computational requirements during each phase of creation. In additional to what we have read already, nano-electronics affects also the academic part in our society, the knowledge and competencies required for working in the field of future nanoelectronics which are evolvingvery fast. At both ends (material/devices and circuits/systems) there is the need to renew and redefine the content of the knowledge portfolio that colleges provide to students or to company employees for continuous education. Micro-electronics and nano-electronics not only allow us to work comfortably or to enjoy high quality videos but it helps us to travel as well. The old 1950s vision was to have a car which would drive without the need to touch the steering wheel or that it would have everything which a person would dream about. Nowadays almost every car uses microcontrollers in order to control the car from many different ways like controlling the safety of the car itself. In fact most modern cars have embedded the system of traction control which has a microcontroller which constantly monitors the traction and if there is any fluctuation of loss in traction it will quickly compute the necessary adjustments which are needed to regain traction. Apart from this many modern cars incorporate automatic sensors which in turn are all adjusted, monitored and switch on or off by a controller. It is normal as well to see cars which are switched on simply by pressing a button from the key itself, which is indee d a breakthrough in cars history. Micro-electronics has also effected our lifestyles in so many other ways, making our everyday routine a little more comfortable.. For example, nowadays it is easy to find a complete kitchen system which enables us to set the oven to a pre-defined temperature and cook our meal while we surf the internet or perhaps communicate with our friends through social networks which have become very popular. Other home appliances, like washing machines or electric water heaters, can be set in motion using the internet, from practically any location. Micro-electronics has also contributed effectively in administering the use of electricity more efficiently. Todays appliances incorporate sensors and controllers which continuously monitor energy consumption and if there is anything which is not being used in-turn they will turn it off in order to consume less power. The above examples are proof that research in the area of micro-electronics and nano-electronics has contributed hugely to change our society in many positive ways. Teleworking is slowly becoming a reality for many people, enabling them to commute from their own homes, eliminating the need to travel to work, thus giving parents more flexibility. Communication has been made easier because of better telephony as well as more advanced mobile technologies. Scientists are able to carry out research using extremely sophisticated and intelligent machines which was only possible with advancement in the micro-electronics and nano-electronics fields. Conclusion The debate about the social implications of microelectronics and nanoelectronics is ongoing. The past has shown us how the switch from old technologies to micro-electronics has affected all aspects of life, from the standards of living to employment, from a more organized social environment to the manifestation of socio-cultural problems such as modern depression, alienation, helplessness and growing resistance against changes. Mankind is now on the brink of another major change that of changing over from using microelectronics to the newer technology of nanoelectronics and this implies another impact on everything we know. This time, influences on employment will be profound but difficult to predict, because different sectors are affected differently. Nanoelectronics will have a significant impact on the semiconductor industry. All electronics related items like memory devices, storage devices, display devices, and communication devices will be swept away by the nanoelectronics wave. From transistors to the computers they fit in, every single device will undergo transformation. Nano-scale devices will enable the creation of a new world of innovative products, such as biosensors, molecular memory, spin based electronic products, and flexible and light-weight photovoltaic cells. The change is inevitable. The future is nano-electronics.

Saturday, July 20, 2019

Judicial Precedent A Practice Of The Courts Law Essay

Judicial Precedent A Practice Of The Courts Law Essay Judicial precedent: Where past decisions of judges are followed in future cases when the facts of the cases are similar. Once a judge decides a legal principle, it is required that is used in future legal cases with similar issues or facts. This is also known as case law or common law which has developed by broadening down from precedent to precedent. Therefore the legal definition of Judicial precedent can be stated as a courts judgment quoted as an authority for deciding a similar set of facts; a case which serves as authority for the legal principle established in its judgement. It refers to the way in which the law is made and amended through the decisions of judges. Thus, judicial precedent is based on the judges judgement, hierarchy of courts and a good system of law reporting judges. The judicial precedents doctrine is based on the stare decisis principle to stand upon decisions and by which precedents are authoritative and binding and must be followed. In practice, this means that lower courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides balance and certainty in the law. A precedent is always based upon the two factors the ratio decidendi which means a reason for the decision and obiter dictum which means something said by the way and also the decisions made in the previous relevant cases. The ratio decidendi of a case is the important part of establishing precedents that binds inferior courts in the hierarchy. When a judge makes his judgement in a case, he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and reaches at a decision, for which he gives the reason (ratio decidendi). Whereas obiter dictum is a decision given by a judge that has only incidental bearing on the case in question and is therefore not binding in later cases. The decision of the judge may vary according to the facts of the case and is not strictly relevant to the matter in the issue in the original case. The ratio decidendi is the binding part of a judicial decision whereas an obiter dictum isnt. Though, an obiter dictum may be of persuasive (as opposed to binding) authority in later cases. Even if any difficulty arises, the judge will give reasons for his decision, however he will not always tell what the ratio decidendi of case is, and it is then up to a later judge to figure out (elicit) the ratio of the case. However, there may be disagreement over what the ratio is and there may be more than one ratio. Thus, it is not always easy to distinguish ratio decidendi from obiter dictum when evaluating the effects of a particular decision however; when judicial precedent is used, the judge follows or takes the reference of a decision made in a similar past cases that has already been judged upon and he is ruling the same way using the other case as a guideline. Whereas whilst setting judicial precedent the judge renders a decision in a case of a type that had never been tried, or ruled upon in the past, which is completely new, and that his verdict would set the precedent by which all future cases might be judged. Judges, by the way, are not always required to follow prece dent in making rulings. Therefore law reporting, hierarchy of courts and a method of distinguishing between obiter dicta ratio decidendi are considered to be the key features of judicial precedent. The general rule of the precedent is that all courts are bound to follow decisions made by their superior courts and appellate courts are usually bound by their own previous decisions. Any decision made by a superior court is utterly binding on subsequent inferior courts. However, certain of the superior courts consider themselves as bound by their own decisions whilst others dont. Until 1966 The House of Lords was bound by its own previous decisions when Lord Gardiner LC announced a change of practice. The Practice Statement [1966] 1 WLR 1234 stated that even though the House of Lords would treat its decisions as normally binding, it would move off from these when it appeared right to do so. This power has been used carefully. A decision of the House of Lords binds all lower courts but does not regard itself as strictly bound by its previous decisions, for example, in Murphy v Brentwood District Council (1990) the House overruled its earlier decision in Anns v London Borough of Merton (1978) on the issue of a local authoritys liability in negligence to prospect purchasers of property. The Court of Appeal is bound by decisions of the House of Lords although it considers them to be wrong. However in Young v Bristol Aeroplane Co Ltd [1944] KB 718, the Court of Appeal held that it was bound by its own previous decisions subject to the following three exceptions: i. If there is conflict between own previous decisions, the Court of Appeal must decide which is to be followed and which is to be rejected. ii. The Court of Appeal must not follow its own decision which cannot stand with a decision of the House of Lords even if its decision hasnt been expressly overruled by the House of Lords. iii. The Court of Appeal need not to follow its own decision if satisfied that it was given per incuriam (literally, by carelessness or mistake). The High Court and the county courts are bound by the decisions of the court of appeal. Principally there is no difference in the application of stare decisis in the civil and criminal divisions of the Court of Appeal. In practice, in addition to the Young exceptions, because a persons liberty may be at stake, precedent is not followed as strictly in the criminal division however judges tend to follow the decisions of the high court for the sake of certainty. For example R v Taylor [1950] 2 KB 368. The High Court is bound by the decisions of Court of Appeal and the House of Lords however it is not bound by other High Court decisions. The county courts are bound by the decisions of individual high courts. House of Lords and the Court of Appeal binds Divisional Court and normally follows a previous decision of another Divisional Court but if they believe that the previous decision was wrong, they may depart. For eg. R v Greater Manchester Coroner, ex parte Tal [1985] QB 67. The Crown Court judgements are not binding, though they are of persuasive authority. Therefore, Crown Court judges are not obliged to follow them. The decisions made by the judges of county courts and magistrates courts are not binding. They are not usually reported in the law reports as they are rarely important. Judicial precedent is one of the most important source of English law. An original precedent created and applied a new rule whereas the later decisions, of the higher courts, can have a number of effects upon precedents. Particularly they may be: Reversed: where on appeal in the same case the decision is reversed and the appeal court substitute its own decision. Overruled: Overruling can occur if the previous court fail to apply law correctly, or because the later court considers that the rule of law contained in the previous ratio decidendi is no longer desirable. then a higher court can overrule a decision made in an earlier case by a lower court. For example, the Court of Appeal can overrule an earlier High Court decision. A refusal to follow: the court may refuse to follow the earlier decision especially when it is not bound by the decision or can not overrule it but does not wish to follow it. Distinguished: where an earlier case is rejected as authority, either because the different material facts or because the statement of law in the previous case is too narrow to be properly applied to the new set of facts. Explained: a judge may seek to study or discuss an earlier decision before applying it or distinguishing it, thus the impact of the earlier case is varied in the circumstances of the present case. A decision which is reached per incuriam is one reached by carelessness or mistake, and can be avoided. In Morelle v Wakeling [1955] 2 QB 379 Lord Evershed MR stated that the only case in which decisions should be held to have been given per incuriam are those of decisions given in ignorance or forgetfulness of some inconsistent statutory provision or of some authority binding on the court concerned. In Secretary of State for Trade and Industry v Desai (1991) The Times 5 December, Scott LJ said that to come within the category of per incuriam it must be shown that the decision involved some manifest slip or error but also that to leave the decision standing would be likely, inter alia, to produce serious inconvenience in the administration of justice or significant injustice to citizens. However, this rule does not permit the Court of Appeal to ignore decisions of the House of Lords. In Cassell v Broome [1972] AC 1027 Lord Denning MR held the House of Lords decision in Rookes v Barnard [1964] AC 1129 to be per incuriam on the basis that it ignored previous House of Lords decisions. He was rebuked sternly by the House of Lords who considered that the Court of Appeal really only meant that it did not agree with the earlier decision: Even if this is not so, it is not open to the Court of Appeal to give gratuitous advice to judges of first instance to ignore decisions of the House of Lords. (Lord Hailsham) There are three types of Precedent, Original, Binding and Persuasive. Precedent can be used instead of statutory law in civil cases. Precedent is also known as a common-law, whereby judges follow the outcome. Original Precedent: If the point of law is absolutely new and has never been decided before, the decision then judge comes to will form a new precedent for subsequent cases. These cases are persuasive but not binding on the court. Original Precedent is whereby the case is new and has never been in trial, for eg. the cases heard regarding the 7th July 2005 London bombings were Original Precedent as the cases were never heard before a UK judge and hence this rulings would be Original Precedents. Binding Precedent: When a case involves a point of law, the lawyers for both sides will research past cases to try and find decisions that will help their clients win the case. A past decision is only binding if the decision is at the right level in the hierarchy and the facts of the second case are sufficiently similar and also Only the ratio decidendi of the earlier case is binding If a court previously decides on a case the same as the one in front, precedent would be used. For eg, if a person commits murder and there are circumstances whereby the judge ruled that this person is not guilty, then a case in equal standing or the case having the same circumstances, in a later ruling can use the precedent to find the person not guilty. Persuasive Precedent: A persuasive precedent is not completely binding on a court but may be applied. The examples can be given as: a. Decisions of English courts lower in the hierarchy. For eg, the House of Lords may follow a Court of Appeal decision, and the Court of appeal may follow a High Court decision, even though not strictly bound to do so. b. Decisions made by the Judicial Committee of the Privy Council. c. Decisions made in the courts in Scotland, Ireland, the Commonwealth (especially Australia, Canada and New Zealand), and the USA. These decisions are usually cited specially where there is a shortage or absolute lack of English authority on a point. d. Obiter dicta of English judges. Judges use a tool called Distinguishing to avoid following a previous decision which they would otherwise be bound to follow. Distinguishing helps to keep judicial precedent and the law flexible. Where a judge founds that the material facts of the present case to be considerably different from the earlier case, then he may distinguish both d cases and refuse to follow earlier decision. For eg. Merritt v Merritt (1971) and Balfour v Balfour (1919) Judicial Law Making Decisions of judges are used to develop many areas of the law, for eg. Tort of negligence. The speed at which the law develops mostly depends on whether the judge is an active or passive law maker. in the case of R v R (1991) an active law making can be seen, where the House of Lords ruled that rape within marriage was a criminal offence. Also in the case of C v DPP (1995) An example of passive law making can be seen where the House of Lords refused to change the presumption about criminal responsibility of children under the age of 14, thinking that it was the job of Parliament to make such major changes to our law. Like every coin has two sides, there are also advantages and disadvantages of Judicial Precedent Advantages * There is certainty in the law. Only by looking at existing precedents it is possible to forecast a decision and plan accordingly. * There is uniformity in the law. Similar cases will be treated in the same way. This helps to give the system a sense of justice and to make the system acceptable to the public. * Judicial precedent is flexible. There are a number of ways to avoid precedents and this enables the system to change and to adapt to new situations. * Judicial precedent is practical in nature. It is based on real facts, unlike legislation. * Judicial precedent is detailed. There is a wealth of cases to which to refer. Disadvantages * Difficulties can arise in deciding what the ratio decidendi is, particularly if there are a number of reasons. * Rigidity The system is too rigid and does not allow the law to develop enough. * Injustice The strict rules of judicial precedent can create injustice in individual cases * Slow Development The law is slow to develop under the system of judicial precedent. The law cannot be changed until a case on a particular point of law comes before one of the higher appellate courts. * Confusion Hundreds of cases are reported each year, making it hard to find the relevant precedent which should be followed. * Complexity The law is too complex with thousands of fine distinctions.