Thursday, August 15, 2019
Ms Access
1 MS-Access 2007 The new look of Access 2007 Before starting the main part of the tutorial, we are just going to familiarize ourselves with the new look Access 2007 User Interface ââ¬â or Access Screen. The Access Screen The Access 2007 Screen is very different to that in previous versions. The menus have been replaced by the Access 2007 Ribbon; there is the MICROSOFT OFFICE BUTTON instead of the old file menu; and the old database window has been replaced by the Access 2007 NAVIGATION PANE. There is also a GETTING STARTED screen to create or open a database file when Access is launched. Access Ribbon The ACCESS RIBBON works somewhat differently to the old Access Menus. There is a row of ribbon tabs with headings such as HOME, CREATE, EXTERNAL DATA, and DATABASE TOOLS. Clicking on each tab presents you with its own individual ribbon with its own particular icons. Each icon on a ribbon is contained within a group of icons that perform similar tasks. So, for example, the Create tab has groups for TABLES, FORMS, REPORTS and OTHER MSAccess2007 ââ¬â www. neteffect. in 2 Microsoft Office Button The MICROSOFT OFFICE BUTTON is in the top left corner of the Access screen. It replaces the old Access file menu. So to perform functions such as saving, opening, new file creation, and printing etc, you need to click this button. To the right of this button is the Quick Access Toolbar intended to provide you with quick access to some of the more common commands used in Access 2007. There are three default icons on this toolbar ââ¬â save, undo and redo. You can also customise this toolbar to add additional commands as required. Access Navigation Pane The Access NAVIGATION PANE replaces the old database window. It is here where you will see the icons for all the tables, orms, queries and reports that you create. When you want to open one of your database ââ¬Å"objectsâ⬠, you just click on one of these the icons, and the required object will open in the main Access window. Getting Started We will now move onto the first tutorial lesson where the Getting Started Screen will be introduced. Create Access 2007 Database The first step in creating an Acces s 2007 database, is to create a blank database file. This is done from the Getting Started Screen when you launch Access. The file is saved onto one of your PCs folders (which you specify). The procedure for doing this is outlined below. MSAccess2007 ââ¬â www. neteffect. in 3 1. Launch Access To begin, launch Access by clicking on the desktop icon, or choose Access from the start menu. This brings up the GETTING STARTED WITH MICROSOFT OFFICE ACCESS screen. 2. Select Blank Database Template Towards the top left of the screen you will see a ââ¬Å"Blank Databaseâ⬠icon. Click this icon to bring up the Blank Database side bar on the right hand side of the screen. This is where you will enter details about the database file that you are about to create. 3. Enter filename for your Access 2007 database MSAccess2007 ââ¬â www. neteffect. in 4 Begin by entering the name that you want to call the database in the filename textbox. 4. Browse and select folder Next click the folder icon and browse for a folder to put your database. Once selected you should see the file path below the textbox. 5. Click Create All you need to do now is click the ââ¬Å"Createâ⬠command button below, and your database file saves to the location that you specified, and opens for you to work on. You are now ready to work on your newly created database file. The next step is to create an Access table Access 2007 tables How Access stores data in Tables Like all other databases, Access 2007 stores data in tables. They look a lot like the cells of a spreadsheet with columns and rows. Each horizontal column represents a table record, and each vertical column represents a table field. See Table example below: A simple Table ID Number 1 2 3 FirstName John Tracey Anne Surname Jones Smith McNeil Age 35 25 30 In the example Table above, there are four fields containing information about an individuals ID number, first name, surname and age. Below the field headings there are 3 records containing information or data for each individual. As such, a database table is a list with each column containing the same specific sort of information. Each row of information is an individual record that might relate to a particular person, a business, or a product etc. When planning a database table, most database designers will decide which column headings or fields they are going to use. This is the basis of the table structure. The actual data is added later and is not a part of the design process. MSAccess2007 ââ¬â www. neteffect. in 5 Create Access Table 1. Open database file If you created a blank Access database in the previous tutorial lesson, you are now ready to create a new table. Begin by opening your existing database file if it is not already open. Do this by clicking on the Access desktop icon to bring up the getting started screen again. You should see the file name that you just created towards the top of the right hand side bar (If you cant see it, click the folder icon to browse for the file). Click on the file name to bring up your blank database. If, at this stage, you get a security warning underneath the ribbon, click where it says options, select the ââ¬Å"enable this contentâ⬠radio button (in the pop-up window), and then click ok. Your blank database file should now be fully open. 2. Create Access Table Select the CREATE tab on the Access ribbon. Next select the TABLE DESIGN icon from the TABLES group. This creates a new table. 3. Create fields in DESIGN VIEW This brings up the TABLE DESIGN GRID where you enter each field name and its data type. The first field we are going to create is the ID field which is going to contain a unique reference number for each record. Enter the name ââ¬Å"IDâ⬠into the first column of the first row in the grid. Because we want Access to MSAccess2007 ââ¬â www. neteffect. in 6 automatically generate a unique reference number, select AUTONUMBER from the drop down list in the data type column. You can also enter a description for each field, but this is not essential. On the next row the field is going to be called FIRSTNAME and the data type is going to be TEXT. On the third row the field name is SURNAME with the data type again being TEXT. And finally, the last field name is AGE and the data type here is going to be NUMBER. Before you save the table you will need to choose the Primary Key, which in this case is ID. To do this, select the ID row by clicking on it, and then simply click the primary key symbol on the Ribbon. The table design grid should now look like this: You can now save the table by clicking the save icon on the top left of the screen above the Access Ribbon. To view your table select DATASHEET VIEW from the VIEWS group under the DESIGN TAB. This brings up the datasheet view of the table that you have just created. You should see your field headings running across the top of the table. 4. Data entry in DATASHEET VIEW Although entering data onto the datasheet table is not a part of the design process, the table now exists as a database object, and you can test it by entering some information into the cells. Select the first cell in the FIRSTNAME column and enter the name JOHN. For SURNAME enter JONES, and for AGE enter 35. NB just ignore the column underneath the heading ADD NEW FIELD. We created all the fields we needed in design view. MSAccess2007 ââ¬â www. neteffect. in 7 You have now entered the first record in the table ââ¬â record 1 for John Jones aged 35. You can now press the return key and the record will save automatically. You are now ready to enter the second record on the next row ââ¬â TRACEY SMITH 25. Press return and then fill in the data for the last record we are going to do for now ââ¬â ANNE McNEIL 30 Your datasheet table should now look like this: You now have a database table with three records. More records can be added below the existing three at any time. Records in the table can also be searched, sorted, filtered and displayed in a variety of ways. This, however, is something for future lessons. The next lesson to be covered in this tutorial is Access 2007 forms. Access 2007 Forms Access FORMS are user friendly In the previous lesson, you created an Access Table and entered three records. However, to get the most out of Access it makes sense to create a data entry FORM. By doing so you are making your database more user friendly. It is easier and quicker to enter data onto a form than it is into a table, not least because you have more control over the layout and labelling of your form. In this lesson we will learn how to create a FORM that uses your newly created table as the DATA SOURCE. Create Access form There are a number of ways to create an Access form. One of the easiest ways is to use the ACCESS FORM WIZARD. 1. Select form wizard Open your database if it is not already open. Click the CREATE tab on the ACCESS RIBBON and then select MORE FORMS from the forms group. MSAccess2007 ââ¬â www. neteffect. in 8 A drop down list of form types appears. You need to select FORM WIZARD from this list. 2. Select table and fields The Form wizard then opens as the pop up window below. On the first page of the form wizard we select which table we are going to use as the DATA SOURCE. Since there is only one table in this database so far, it should already be selected for us in the TABLES/QUERIES combo box. Underneath there is a list of the four fields in your table. You could select each field individually by highlighting the field name and clicking the single arrow >. We can, however, select all four just by clicking the double arrow >>. Once they have been transfered into the right hand box they are selected. We can now click NEXT to go to page 2 of the form wizard. MSAccess2007 ââ¬â www. neteffect. in 9 3. Form Layout This is where we choose the FORM LAYOUT. We are going to leave this on the default setting of COLUMNAR. Click NEXT again to move onto page three of the form wizard. MSAccess2007 ââ¬â www. neteffect. in 10 4. Form Style Here we select a style that from the list box. Preview a style by clicking on its name. This step just determines how the form looks aesthetically. Once you have selected a style to your taste, click NEXT again. MSAccess2007 ââ¬â www. neteffect. in 11 5. Form Title This is the last stage of the wizard. Here we are going to choose the name for our form ââ¬â lets say FORM1. We are going to leave the radio button selected for OPEN THE FORM TO ENTER OR VIEW INFORMATION All we need to do now is click FINISH and our form should like something like this: 6. Navigate Records via Access Form As you can see, the form opens with the first record in your original table displayed. You can navigate through each record using the NAVIGATION BUTTON at the bottom left of the form window. MSAccess2007 ââ¬â www. neteffect. in 12 To move to the next record click the right arrow button on the navigation control. To move to the last record click the >| button on the navigation control. To move backwards through the recordset use the left arrow buttons. You could edit any record from the form, which will update the data in your table. For now, though, just try navigating through the three records without changing any data. 7. Create New Record via Access Form Now that you know how to move through the recordset, lets finish off by adding two more records. To do this click the star button on the right of the navigation control. This should bring up a blank record. Add JOE for firstname, BROWN for surname, and 39 for age. Click the star again to bring up a new blank record, and enter SUE MOORE 33. When you have finished click x on the form window to close. This tutorial lesson has shown you how to create an Access Form using the form wizard, and how to navigate and add records using Access Forms. There are a number of other ways to create and modify forms, but this is as far as we are going to go in this particular lesson. The next lesson in the tutorial is going to be Access 2007 queries. Access 2007 Query Access Queries Process Data If you have been following the previous lessons in this tutorial, you will have created a table with five records. In this lesson we are going to create an Access 2007 QUERY, which will process the data below which you have entered into your table. ID Number 1 2 3 4 5 FirstName John Tracey Anne Joe Sue Surname Jones Smith McNeil Brown Moore Age 35 25 30 39 33 What we want Access to do is extract all the records in the above table where the persons age is greater than or equal to 35. Access Queries can do far more than this, of course, but this simple task should serve as a useful learning exercise. Open the Query Design Grid The first stage is to select the CREATE TAB and then go to the OTHER group on the far right of the ribbon. Then click on the QUERY DESIGN ICON to bring up the query design grid. MSAccess2007 ââ¬â www. neteffect. in 13 Select Table for Query The next stage is to select which table you are going to use in this query. When the query design grid opened, the SHOW TABLE pop up window should also have opened. If necessary you can open this window manually by clicking the SHOW TABLE icon in the QUERY SET UP group on the Access Ribbon. So far there is only one table in your database ââ¬â TABLE1. This should be highlighted when the window opens, but if not, just click on it once. Next click ADD. When you close the pop-up window by clicking x,you should see a box labelled TABLE1 above the query design grid. Select fields from Table In the table1 box, you will see a list of its field names. We are going to use all the fields in this query, so select each one individually by double clicking on their names. You will now see the field names at the top of each column in the Query Design Grid. MSAccess2007 ââ¬â www. neteffect. in 14 Enter query criteria As you may remember, the purpose of our query is to extract records where the persons name is greater than or equal to 35. To do this we enter the criteria into the appropriate cell of the query design grid. In this case you need to go to the AGE column of the CRITERIA row, and enter the formula >=35. Save and Run Query Click the save icon above the Access Ribbon. When prompted for the query name, just use the default QUERY1. To run your query, click the RUN icon in the RESULTS GROUP of the Access Ribbon. You should now be presented with a datasheet displaying your query results ââ¬â JOHN JONES 35 and JOE BROWN 39. You have now created and run your first query. The next lesson in the tutorial is about Access 2007 Reports. MSAccess2007 ââ¬â www. neteffect. in 15 Access 2007 Reports Access Reports Present Data Access REPORTS are a way of displaying and printing information from your database. Developers often use Reports to display the results of a Query, which is what we are going to do next. Like other Access database objects, there a number of ways to create an Access REPORT. We are going use the REPORT WIZARD. Our task is to display the results of QUERY1 which we created in the previous tutorial lesson. 1. Open Report Wizard Begin by selecting the CREATE TAB on the Access Ribbon. Then click REPORT WIZARD from the REPORTS group to open the pop up window. 2. Select Report Data Source and Fields The first page of the Report Wizard is almost identical to that of the Form Wizard. On this page we will select QUERY1 as the DATA SOURCE for the Report. This is done by selecting the query from the list in the TABLES/QUERIES combo box. Then select all fields from QUERY1 by clicking the double arrow to the right of the text box labelled AVAILABLE FIELDS. The field names will now appear in the SELECTED FIELDS text box on the right. Click next to go to the second page of the wizard. MSAccess2007 ââ¬â www. neteffect. in 16 3. Report Grouping Levels Page two of the wizard is where you can add grouping levels if required. So we could, for example, group each person in our report with others of the same age. We dont need to do this for this particular example, but it is certainly a useful feature that we might want to learn more about later. But for now, just click next. 4. Record Sort Order Page three of the wizard is where you determine what order the records are displayed in your report. So for example you might want to display records in ascending order of age. For this example, however, we are going to put your records into alphabetical order for SURNAME and FIRSTNAME. Begin by clicking the top drop down box and selecting SURNAME, and in the box 2 below select FIRSTNAME. This means that records are sorted alphabetically by surname, and if two surnames are the same, the FIRSTNAME is used to determine which record comes first etc. Click Next MSAccess2007 ââ¬â www. neteffect. in 17 5. Report Lay Out This page of the Wizard is where you set the lay out for your report. There are various lay out options, but in our case we shall keep to the default setting of TABULAR. Click next. 6. Style For style, select Access 2007 from the list and click next. MSAccess2007 ââ¬â www. neteffect. in 18 7. Name of Report Name your report REPORT1 and then click FINISH. Your access report will now be displayed on the screen, and should look something like this: MSAccess2007 ââ¬â www. neteffect. in
Advantages and Disadvantages of Vegetarians Essay
One advantage that cannot be disputed is that vegetarianââ¬â¢s conscience can be at peace in the sense that he does not cause the death of animals grown for meat and fat such as rabbits, poultry or pigs. This idea alone persuades many people, especially women to start embracing vegetarianism as their way of life. Another undisputable advantage of vegetarianism is that long-term vegetarians are rarely overweight thus people can make losing weight easier by becoming vegetarians. Of course, they will still need to compose their diet very carefully since many of the high-calorie (with low nutritional value) foods contain no meat at all. Actually, meat is not high on calories unless it is a fatty meat. Less clear and more arguable is the claim that vegetarianism is healthier and better for oneââ¬â¢s longevity. All advocates of vegetarianism play this card and support their claims with many arguments. The basic idea is that our body can get everything it needs from plants or animal by-products such as eggs or milk. Of course, there are extreme groups who refuse to eat animal by-products, but Iââ¬â¢ll stick with the less extreme idea. Anyway, this is true, at least as long as you eat fish ââ¬â some people who consider themselves vegetarians eat fish, some donââ¬â¢t. Anyway, no one can say with absolute certainty (you can believe it, but cannot prove it indisputably) that avoiding all meat is beneficial for human body. However, it is certain that limiting certain types of meat is good for us. And vegetarians benefit from avoiding those kinds of meat (after all they do not eat any meat).
Wednesday, August 14, 2019
Business Law for Unconscionability
Unconscionability is a legal protection against the enforcement of a contract that is unfair to one party. If the contract is unfair that is shows an abuse during its formation, the jury may find it unconscionable and decline to employ it. In most occasions when a court finds an agreement to be unconscionable, they declare the contact as annulled. No issuance of specific performance or pensations is awarded, but in its place, the parties will be relieved from their contract responsibilities (Mccullough, 2016). Other than that, the reason why it may mean that a contract is enforceable under the law is because such contracts favor only the dominant party, thus, making it unfair to the weaker party. The leading cases of unconscionable conduct are in transactions between stronger and weaker parties. It is therefore partly related to duress and unwarranted influence. It is mon where a superior party manipulates the weaker party with special disabilities such as old age, lack of education, illiteracy and much more. The transaction is also oppressive and harsh to the weaker partner. Its is also mon in business contracts where there are provisions that limit damages against the seller, prevents the rights of the buyer to seek court help against the seller, among others (Mccullough, 2016). Additionally, it is also found in acts of deceit and fraud. It is whereby one party deliberately misrepresents a fact that deprives an individual of an expensive possession. The main reason why such laws exist in the business world is because it is used to limit the dominant parties from fraudulently manipulating the weaker parties in business contracts. It is meant to reduce exploitation of the consumers who are poorly educated, less fortunate, and cannot be able to get the best price available in the petitive trade (Mccullough, 2016). On the other hand, it prevents the undue influence, whereby one party practice unreasonable authority to make the other party sign the contract. Additionally, it used in business to prevent the use of threat to make other parties agree to the contract. Furthermore, it prevents the dominant party from limiting their liabilities to breach of contract. There are various characteristics of the unequal bargain that must or might demonstrate unconscionability. These characteristics may include duress, undue influence, unfair surprise, limited warranty, and unequal bargaining power. To start with, duress is a situation where one party uses threats so that to make the other party agree to the contract terms and conditions. It can be physical or any other form of threat. For example, the seller may refuse to release the goods rightfully until the other parties append his signature on the contract. Additionally, undue influence is a situation whereby one party practices irrational pressure to make the other party signs the contract. This happens under circumstances where one party takes advantage of the other party in one way or the other. Moreover, unfair surprise takes place when the party who developed the contract inserts a term in the agreement without the awareness and anticipation of the other party (Marrow & Penn, 2013). Furthermo re, limiting warranty is a situation in which one party tries to minimize their liability for damages that may be as a result of his actions. Lastly, unequal bargaining power happens where one party has an unfair advantage over the other (Landrum, 2014). It occurs when the dominant party obviously knows that the other party lacks the knowledge of what the contract entails. A good example of these characteristics is when a business broker requires a customer to sign an agreement, but within the accord, he inserts a difficult term to understand. The broker writessuch terms using tiny fonts and placed the phrase in a manner that will mislead the customer to sign in the unwarranted term. The legislation that supports the principle that a contract may be so unfair that it is unenforceable is section 2-302 of the Uniform mercial Code. Under this Act, if the jury finds that any section of the contract could have been unconscionable at its time of formation, the court may refuse to put into effect the agreement (Landrum, 2014). Additionally, the court may also implement the remainder part with no unconscionable section, or it may stop the application of any section that is unconscionable so that to avoid an unconscionable ou e. Moreover, when it appears to the court that any of the sections of the contract or if the contract is unconscionable the parties shall be awarded a sensible chance to present evidence as to its business situation, reason and effect to help the jury in deciding the case. The doctrine of unconscionability got formed when it was realized that some contracts would be injurious to one party, despite the available limiting public policies, that the court should be able to practice some manner of discretion (Landrum, S 2014). The judge, in such cases, is permitted to interpret the situation and to introduce her own understanding of what is to be treated as unconscionable or conscionable within her jurisdiction under the court of law . Courts concentrate on the size and the setting of the business transaction to see whether the deceptive or authoritarian tactics were applied. It also examines if there was the use of fine print in the contract, for example, if the contents of the contract were readable to all parties. Additionally, the court also scrutinizes to know the familiarity and education of the party that claims for unconscionability (Landrum, 2014). Further, examines the situation to know whether there was a disparity in the bargaining power. However, for the court to decide on the case, it first analyzes whether there were actual conditions of the contract that unreasonably favors the party to whom unconscionability is r mended. Being that the courts have been reluctant in addressing the issues concerning the unfair or unequal business between the bank and the consumer has really favored the banks and other larger institutions. In most cases courts have ruled cases in favor of the bank because of the contract term and conditions. Where the courts have looked entirely at the written document to determine the rights of each party, the creditor, which is the bank, prevails. In many cases contract laws have failed to provide debtors with enough remedies against the tortuous conduct of creditors (Winter, 2008). However, the real importance of debtors win lies in the recognition of some courts, for example, the Australian Part 2B of the Victorian Fair Trade Act 1999 that has tried to hold the banking industry to high values of good faith and conduct. In 2003 Australian government introduced a new Section 2B of Victorian Fair Trade Act 1999 and made it a law . This provision of Part 2B of nullifies any term in a customer contract that is not fair. In banks, if a contract condition or term that imposes a cheque is unfair according to Part 2B of the Fair Trading Act, it will be nullified, which is fairly different from whether it is unenforceable or not as a fine under the law (Winter, 2008). Section 32W of the Fair Trade Act shows that in a consumer contract a phrase can get observed as unfair if, ââ¬Å"contrary to the requirements of good faith and in all the circumstances, it causes a significant imbalance in the partiesââ¬â¢ rights and obligations emerging under the contract to the detriment of the consumerâ⬠(Consumer Action, 2013) Moreover, article 32X also presents directions as to whether a condition or a term may get considered unfair. Therefore, it can be said that Part 2B renders dishonor charges unenforceable by financing institutions against customers. Banking sectors are still entitled to recover defaulter's cost, but they are not entitled to use penalty fees when recovering the cost they have incurred due to customers who have defaulted. Under Part 2B of the Victoria Fair Trading Act, penalty fees might be annulled as unfair (Cornell, 2016).à Because banks are not disclosing the accurate cost of the customer defaults, it will remain difficult for both the regulatory authorities and customers to conclusively or accurately make an assessment of whether dishonor fees are penalties or liquidated damages. However, given the plexities that an individual customer may face, especial the low-i e consumers, in trying to stop penalty fees charged on their accounts by banks, it is, therefore, vital that the re gulatory authority take charge. The regulatory authorities should imperatively take steps in safeguarding the customers and stop the financing institutions from stressing their customers by charging lawfully unenforceable fines. From the readings I have had, I found the case between Centerre Bank of Kansas City v. Distributors, Inc. to be an interesting one with regard to unfair agreements and the attitude of the courts when making a decision on the enforceability of a contract. The debtors bought a business after they had been promised by the bank that it would continue with the panyââ¬â¢s line of credit. The debtors were told by the bank's credit officer that the bank will only continue with the credit line if they will personally guarantee the loan. However, the loan officer failed to disclose to them that the bank considered the loan at a risk, and was, therefore, arranging to demand full payment of all the money that previously had been disbursed. Depending on the assurance from the loan officer, debtors bought the business and submitted their personal guarantees to the bank. After three days, the bank continued with its arrangement of demanding full payment of the credit. The debtors surrendered the ir business assets to the bank because of failing to find another financing. After the bank liquidated the business assets, they realized was less and decided to sue debtors in which they collected further $400,000 on the guarantees that debtors provided (Rich, 2004). The debtors decided to countersue the bank by challenging that the bank fraudulently made a misrepresentation. The also claimed that the bank breached the agreement of good faith and fair dealing. After jury ruling in favor of the debtors, the bank forwarded an appeal. The court of appeal held that the written contract was an integrated agreement. The court found that the written contract gave the bank privileges to demand payment at any time and that the bank auction was acceptable (Rich, 2004). The court also noted that the relationship between the debtors and the bank was based on borrowing and lending and that debtors were not owed a fiduciary obligation to the bank. Additionally, the failure of the bank to disclose its plans concerning the loan did not make it fraudulent. Consequently, the court stated that the conduct of the bank was fair and in good faith. The role of the consumer advocate groups regarding unfair agreement are: (1) to support the vulnerable Victorian customers who are facing financial difficulty. (2) Promoting the financial counseling sector by using its casework, law reform, and advocacy, to take up and uphold best practice. (3) working with the government, utilities, debt collection, banks and other stakeholders to improve approaches to financial problems for defenseless customers (Consumer Action. 2013). My research showed that there are other similar groups to Financial and Consumer Rights Council (FCRC) ââ¬â Victoria. Some of such groups may include: On the other hand, one of the issues in Australia that demonstrated the characteristics of unconscionable by a vendor who supplied vacuum cleaners to various ladies who were over 80 years of age. The case was ACCC v Lux Distributors Pty Ltd in 2013 (Jade.io. 2013). Australia petition and Consumer mission won the case against Lux Distributors. Consumer Action.(2013). Australian Consumer Organisations - Consumer Action. [online] Available at: https://consumeraction.org.au/help-for-consumers/who-else-can-help/australian-consumer-organisations/ Cornell, N 2016, 'A plainant-Oriented Approach to UnconscionabilityAnd Contract Law', University Of Pennsylvania Law Review, 164, 5, pp. 1131-1175, Jade.io. (2013).BarNet Jade - Find recent Australian legal decisions, judgments, case summaries for legal professionals (Judgments And Decisions Enhanced). [online] Available at: https://jade.io/article/300107 [Accessed 23 May 2017]. Landrum, S 2014, 'Much ado about nothing?: What the Numbers Tell us about how State Courts Apply the Unconscionability Doctrine to Arbitration Agreements', Marquette Law Review, 97, 3, pp. 751-812, Academic Search Premier, EBSCOhost, viewed 23 May 2017. Marrow, P, & Penn, C 2013, 'The "Circle Of Assent" Doctrine and the Mandatory Pre-Dispute Arbitration Clause: When The Unconscionable Contract Analysis Just Won't Do', Dispute Resolution Journal, 68, 3, pp. 1-28, Mccullough, C 2016, 'UnconscionabilityAs A Coherent Legal Concept', University Of Pennsylvania Law Review, 164, 3, pp. 779-825, Academic Search Premier, EBSCOhost, viewed 23 May 2017. Rich, N. (2004). Unfair fees: A report into penalty fees charged by Australian banks. Winter, CS 2008, 'The Rap on Clickwrap: How Procedural Unconscionability is Threatening the E merce Marketplace', Widener Law Journal, 18, 1, pp. 249-292.
Tuesday, August 13, 2019
Analysis of the Theme for English B Essay Example | Topics and Well Written Essays - 2000 words
Analysis of the Theme for English B - Essay Example In similar situation where blacks were discriminated to a great extent, Hughes kept his spirit high for studying in good academic institutes, and moving on, and presently is studying in a college where all his fellows are white, and he is the only black in his class. The poet describes a day where the instructor asked the class to write a page on what the inner feel of the students is, as stated in the stanza as below: This is a clear depiction of how open ended the question was from the instructor, trying to understand what the students felt, and thought and to see their insight on things. The writer always had strong feelings about the issues related to racism, and therefore, had no option but to write on the same topic; the discriminatory feeling and the thoughts, all came out on that single paper, where by the writer illustrated the ideas associated with discrimination, feelings, experience, grudges, and finally, realizing the fact of equality. In clear terms, the writer stated that America is about equality to all, and no matter how much is disliked by black and/or the white, they are a part of each other since they are part of America. Towards the end, in a sorrow tone, the writer states that yesno matter how harsh it is but the fact remains that whites do have an edge over the blacks as he states: I guess you learn from me--- although you're older---and white--- and somewhat more free. 3. Research Question The underlying research questions for this analysis are as follows: i. What tone has been used in the poem and how is it justified ii. What role does the persona's sense of his race play in what he has to say about his paper iii. How does this persona seem to feel about education in general 4. Methodology The methodology adapted for this research includes primary and secondary research. Primary research constitutes reading the original poem and coming up with analysis of what I feel the writer is stating. Secondary research, on the contrary, implies that the existing research about the subject matter is studied, like books and articles. 5. Analysis & Discussion This section presents in-depth analysis and discussion about the poem. 5.1 A Generic Analysis of the Poem In Hughes' poem under consideration for this research, i.e. Theme for English B. there is heavy weight-age assigned to elements of literature such as the characters, the plot, the tone, symbolic representations, themes, view points, and the scenario set-up. The plot seems highly structured as it provides in depth background details, and is seamlessly associated to the scenario described as stated by the poet: "I am twenty-two, colored, born in Winston-Salem. I went to school there, then Durham, then here to this college on the hill above Harlem." This is a clear indication of the time period and the growing mode as the time moves on. The scenario setting initiates similar to the scenario whereby a student is direct to go
Monday, August 12, 2019
Act and rule utilitarianism Essay Example | Topics and Well Written Essays - 500 words
Act and rule utilitarianism - Essay Example When accounting for happiness, no individual or entity is given precedence over the other. The ââ¬Å"Rule Utilitarianismâ⬠theory states that the acts of individuals will be judged as morally right or wrong with reference to the rules that are developed keeping in mind the principle (Rachels). Therefore, the principle is used to select a set of rules which then determine whether an action is right or wrong under a given situation. This theory has been criticized as attaching more significance to ââ¬Å"rulesâ⬠than they deserve. As opposed to this, ââ¬Å"Act Utilitarianismâ⬠states that the principle is directly used to determine whether an action is right or wrong under a given situation without first applying that principle to select a set of rules (Rachels). Hence, this approach is referred to as ââ¬Å"directâ⬠utilitarianism, whereas the former is referred to as ââ¬Å"indirectâ⬠utilitarianism. Furthermore, act utilitarianism is also referred to as the classic or original utilitarianism. For instance, in a society whereby killing someone i s prohibited by law, a rule utilitarian would argue that killing is morally incorrect because if the law is followed, everyone shall be free from the fear of being killed. Act utilitarians, on the other hand, would not accept legal considerations. This view would state that the killing is morally correct if it benefits most people in the society. Hence, it would be justified to kill a criminal, for example, as he/she would pose a threat to the society. The act utilitarianism approach propagates a hedonistic view of finding the best alternative course of action. The best action is therefore, one which produces the highest pleasure. However, rule utilitarianism counters this by claiming that actions that produce the highest utility for an individual may not be morally correct. For instance, human rights violation is not justified even if it results in net welfare for the
Sunday, August 11, 2019
IRB Critique Essay Example | Topics and Well Written Essays - 1000 words
IRB Critique - Essay Example My proposed dissertation research study is made up of mixed method design, with one dominant and one secondary components of data collection. The proposed quantitative research will facilitate me with my investigation on how the academic performance of a student coincides with the job fulfillment of a teacher. In this concurrent study design, the proposed qualitative method will allow me to test specific hypothesis that will affirm my research inquiries in a moderate sample size of educators. In line with this, the following are formulated: (a) Proposed qualitative survey to be shelled out to a random sample composed of 25 K - 12 teachers, and (2) proposed structured formal personality test to be conducted to the 25 chosen participants. The research will conducted at one of the six schools in the county. Surveys and the Myers Briggs will be administered before the conclusion of the seminar. The survey will be a maximum time of 10 minutes and the MBTI will be a maximum time of 45 minutes ***May you give me some pointers with this? Totally confused *** The proposed research study will be conducted to one of the six schools in the county. Prior to the conclusion of the seminar, surveys and the Myers - Briggs Type Indicator (MBTI) will be administered separately. A maximum time of 10 minutes will be spent for the survey, and a maximum time of 45 minutes for MBTI. The data gathered thru the survey and MBTI will be recorded, incorporated, and analyzed by the researcher. The result of this investigation will determine the teachersââ¬â¢ personality and job satisfaction. Inclusion: My population will be K-12 educators (both men and women) of various ages and years of experience. 2 teachers from each grade level with one opening for a vocational or fine arts teacher. (I donââ¬â¢t get this). Inclusion: This study will focus on the K - 12 teachers of both sexes, and of various age
Saturday, August 10, 2019
Atomic Bomb Research Paper Example | Topics and Well Written Essays - 1250 words
Atomic Bomb - Research Paper Example Miscamble C.S.Cà (Cambridge University Press, 192 pp.) This book focuses on the American use of the atomic bomb and how it affected the result of World War II by exploring the situation and context in which President Truman decided to use the atomic bomb. Miscamble uses archival research and latest scholarship to address the value of the decision to end the war and at the same time writes on the moral premise of such an act. The Decision to Drop the Atomic Bomb: Hiroshima and Nagasaki: August 1945 by Dennis D. Wainstokà (Westport: Praeger, 1996. x, 180 pp.) In his book Dennis D.Wainstock, a teacher at the Salemââ¬âTieyko University in Salem, West Virginia, discusses the political aspect and the implications of President Trumanââ¬â¢s decision in the backdrop of the last year of World War II, when the Japanese were on the brink of conditional surrender. The author uses important sources e.g. Strategic Bombing Survey interrogations of leading Japanese officials to substantiat e his argument. Atomic Tragedy: Henry L. Stimson and the Decision to use the Bomb against Japan by Sean L. Malloy Atomic Tradgedy provides a distinct outlook of the situation in World War II and the decision to drop the atomic bomb. ... In the August of 1945, towards the end of the World War II, the United States of America dropped two atomic bombs on the Japanese cities of Hiroshima and Nagasaki. The estimated loss of life within four months after the bombing were more than 80,000 in Hiroshima and 60,000 in Nagasaki, with almost half of the deaths occurring on the first day only.1 To date these bombings have been the only instance of nuclear weapon use in a war. Such an acute episode of mass killing along with its long-term radiological consequence is unprecedented in the wars of the twentieth century. In order to assess the necessity of such an act it is important to analyze the event in the military and political backdrop of the involved nations. In his book ââ¬ËThe most controversial decisionââ¬â¢ Miscamble provides a persuasive argument behind the rationale to bomb Japan. Miscamble states in the book that ââ¬Å"the time has come at long last to explode permanently the myth of a Japan ready to surrender.à ¢â¬ 2Although Germany had already surrendered Japan was providing fierce resistance to the Allied forces. The Americans had suffered huge losses in the battles at Iwo Jima and Okinawa and now they had to prepare for more losses which would be incurred during the invasion of Japan. Many in Americaââ¬â¢s military regime were ready to bend their initial war aim and accept a conditional surrender by the Japanese but the latterââ¬â¢s minimum demand was that their emperor system should remain intact. This was unacceptable to the Americans as President Truman believed that the root of Japanââ¬â¢s militarism was their imperialist government. Furthermore negotiations with the Japanese would take months which would provide Japan enough time to strengthen their
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