What Is a Polynuclear Aromatic Hydrocarbon

A polynuclear aromatic hydrocarbon is a hydrocarbon made up of fused aromatic ring molecules. These rings share one or more sides and contain delocalized electrons. Another way to consider PAHs is molecules made by fusing two or more benzene rings. Polynuclear aromatic hydrocarbon molecules contain only carbon and hydrogen atoms. Also Known As: PAH, polycyclic aromatic hydrocarbon, polyaromatic hydrocarbon Examples There are numerous examples of polynuclear aromatic hydrocarbons. Typically, several different PAHs are found together. Examples of these molecules include: anthracenephenanthrenetetracenechrysenepyrene (note: benzo[a]pyrene was the first carcinogen to be discovered)pentacenecorannulenecoroneneovalene Properties Polynuclear aromatic hydrocarbons are lipophilic, nonpolar molecules. They tend to persist in the environment because PAHs are not very soluble in water. While 2- and 3-ring PAHs are somewhat soluble in aqueous solution, the solubility decreases nearly logarithmically as molecular mass increases.  2-, 3-, and 4-ring PAHs are sufficiently volatile to exist in the gas phases, while larger molecules exist as solids. Pure solid PAHs may be colorless, white, pale yellow, or pale green. Sources PAHs are organic molecules that form from a variety of natural and anthropogenic reactions. Natural PAHs form from forest fires and volcanic eruptions. The compounds are numerous in fossil fuels, such as coal and petroleum. Man contributes PAHs by burning wood and by the incomplete combustion of fossil fuels. The compounds occur as a natural consequence of cooking food, particularly when food is cooked at a high temperature, grilled, or smoked. The chemicals are released in cigarette smoke and from burning waste. Health Effects Polynuclear aromatic hydrocarbons are extremely important because they are associated with genetic damage and diseases. Also, the compounds persist in the environment, leading to increased problems over time. PAHs are toxic to aquatic life. In addition to toxicity, these compounds are often mutagenic, carcinogenic, and teratogenic. Prenatal exposure to these chemicals is associated with lowered IQ and childhood asthma. People get exposed to PAHs from breathing contaminated air, eating food that contains the compounds, and from skin contact. Unless a person works in an industrial setting with these chemicals, exposure tends to be long-term and low-level, so there arent medical treatments to address the effects. The best defense against health effects from PAH exposure is to become aware of situations that elevate risk: breathing smoke, eating charred meat, and touching petroleum products. PAHs Classified as Carcinogens The Environmental Protection Agency has identified seven polynuclear aromatic hydrocarbons as likely human carcinogens, or cancer-causing agents: benzo[a]anthracenebenzo[a]pyrenebenzo[b]fluoranthenebenzo[k]fluoranthenechrysenedibenzo(a,h)anthraceneindeno(1,2,3-cd)pyrene Although the emphasis is on avoiding exposure to PAHs, these molecules are useful for making medicines, plastics, dyes, and pesticides.

How Much Do Private School Teachers Make

Private school teacher salaries have historically been lower than in the public sector. Years ago, teachers would accept a position in a private school for less money simply because they felt that the teaching environment was friendlier and more preferential. Many educators also came to the private sector because they considered it a mission or calling. Regardless, private schools have had to compete for a smaller pool of well-qualified teachers. Public school teachers pay has risen markedly, and their benefits continue to be excellent, including strong pension packages. The same is true ​of some private teachers pay,  but not all. While some elite private schools now pay very close to what public schools pay, or even more, not all are able to compete at that level.   Average Private School Teacher Salaries According to Payscale.com, as of October 2018, the average elementary religious school teacher makes $35,829 and the average high school teacher makes $44,150. Private school teachers at nonreligious institutions earn quite a bit more, according to Payscale: The average elementary nonreligious school teacher makes $45,415 and the average high school teacher earns $51,693 annually. Private School Pay Environment As you might expect, there are disparities in private school teacher salaries. On the low end of the compensation, the spectrum is parochial and boarding schools. At the other end of the scale are some of the nations top independent schools. Parochial schools often have teachers who are following a calling, more than they are following the money. Boarding schools offer significant benefits, such as housing, thus teachers tend to make significantly less on paper. Top private schools in the country have often been in business for many decades, and many have large endowments and a loyal alumni base from which to draw support. At most private schools, the cost of tuition does not cover the full cost of educating a student; schools rely on charitable giving to make up the difference. Those schools with the most active alumni and parent bases will typically offer higher salaries for teachers, while schools with lower endowments and annual funds may have lower salaries. A common misconception is that all private schools carry high tuition and have multimillion dollar endowments, and therefore, must offer high salaries. However, the overhead that these private schools carry, including sprawling campuses that span hundreds of acres with multiple buildings, state-of-the-art athletics and arts facilities, dormitories, and dining commons that offer three meals a day, shows that the costs may be warranted.  The difference from school to school can be great.   Boarding School Salaries An interesting trend involves boarding school salaries, which have typically been lower than their day school counterparts. Boarding schools typically require faculty to live on campus in free school-provided housing. Since housing is generally about 25 to 30 percent of an individuals living expenses, this often is a substantial perk. This benefit is  especially valuable with the high cost of housing in parts of the country, such as the Northeast or Southwest. However, this benefit also comes with additional responsibilities, as boarding school teachers are usually asked to work more hours, taking on dorm parent, coaching, and even evening and weekend supervisory roles.

The Civil Rights Of The United States - 891 Words

The First Amendment guarantees U.S citizen with basic freedoms such as religion, speech, press, assembly and petition. In the 2010 case between Salazar and Buono, the First Amendment was put on trial in the Supreme Court Justice. The Supreme Court examined whether a religious cross, meant to honor World War I Veterans, violated the Establishment Clause in the First Amendment. Frank Buono, a former preserve employee, filed the lawsuit to get rid of the religious cross in the reserve permanently, stating that it was built on federal land thus creating a sense of favoritism of one religion over another in government. By establishing favoritism towards Christianity the U.S government violated the Establishment Clause. This paper analyzes the rhetorical situation between the governments interference within religion Rhetorical Situation Audience The individuals that felt strongest during this court case were War Veterans who felt the cross was not symbolic of their own religion. For example, there were Jewish and Muslim Veterans during this period who were especially against the symbolic cross as their remembrance. Non-christian veterans associated the cross to Jesus Christ, a man who in their religion was not their savior. In addition, petitioners also felt as though the cross was not a fair representation for all the Veterans that had died holding onto beliefs that were not represented by the cross. Other petitioners felt that the government had seized their religious cross asShow MoreRelatedThe Civil Rights Of The United States Essay1653 Words   |  7 PagesThe United states has been called the, â€Å"Land of The Free† since its independence was won from Great Britain, however, until 1965 â€Å"Free† only applied to a select demographic, white, land owning males. The most largely discriminated demographic before 1996 and somewhat even so today is the African American population. In 1619 the first African American slaves were introduced into the colony of Jamestown, Virginia 1. Then after many years and revolts, in 1831 slavery was finally abolished and all freedRead MoreThe Civil Rights Of The United States951 Words   |  4 PagesCivil rights have been a big issue throughout American history. From the time America was formed, groups have been discriminated against due to their ethnicity, religion, and race. Slaves were not considered American so they did not have rights. They did not become American citizens until the Fourteenth Amendment was passed in 1868. Still, African Americans still did not have as many rights as other groups. Almost a century after the Fourteenth Amendment was enacted, African Americans were stillRead MoreCivil Rights in the United States1282 Words   |  6 PagesPieces of the People’s Puzzle In total there are fifteen laws that count towards the topic of civil rights in the United States, alone. Kenji Yoshino, author of â€Å"The New Civil Rights† says that in order for us to turn our current beliefs into a set of ‘new’ civil rights, law must play a role. Obvious enough, law alone cannot bring about a new set of civil rights. There are more than enough pieces that could make up this puzzle. For instance, media plays a huge role in this situation. The mediaRead MoreThe Civil Rights Of The United States902 Words   |  4 PagesJury duty is a constitutional and fundamental right guaranteed to American citizens. Jury service is a way for citizens to directly participate in the judicial system. Jury duty and jury trials have been around for so long that people take it for granted. The jury was one of the factors that caused the American Revolution because the English common law system did not allow alleged criminals to have the sixth amendment rights that the United States has today. In fact, The Declaration of IndependenceRead MoreThe Civil Rights Of The United States2011 Words   |  9 Pagesdifficult part about it was, as time went by, people were given more rights and were unjustly discriminated because of the past. This has happened in many cases throughout our countries history. Civil rights are a big part of our society and the past shows many ways that the civil rights of the citizens were taken from. In Unit 2 of the course, we learned three different ways the government can discriminate the people of the United States and the meticulous process it takes the government to discriminateRead MoreThe Civil Rights Of The United States2348 Words   |  10 Pagessegregated. African Americans insisted on receiving their rights. In this essay, I will be analyzing all the main factors, and explaining why I think that the Supreme Court was responsible for the improving status of black people in the United States in the years 19 45-1965. The Federal Government plays a role in improving the status of African Americans. Truman was the initial president since Abraham Lincoln to attend to the civil rights issue who affected African Americans. As a young man, TrumanRead MoreThe United States Civil Rights3535 Words   |  15 Pages When citizens of society break federal and state laws they face a punishment known as â€Å" jail† or â€Å" prison†, which purpose is to not only to serve as a punishment but to also act as a program designed to help convicts enter back in to the society as a better person. As citizens of the United States we have civil rights granted to us from the U.S. Constitution that are not meant to just be taken away from us whenever the correctional system feels like it. Many people believe that once a person isRead MoreThe Civil Rights Era Of The United States1141 Words   |  5 Pagesis mightier than the mightiest weapon of destruction devised by the ingenuity of man.† (Gandhi). The Civil Rights era was filled with a slew of various protests attempting to bri ng equality to the African American race in the United States. During this period in history, African American people of all social classes and places across the country were racially oppressed and were denied basic rights that were available to their Caucasian counterparts. People began to protest this oppression and decidedRead MoreThe Civil Rights Movement Of The United States1668 Words   |  7 PagesThe civil rights movement in the USA in the 1950’s and 1960’s.can be termed as a democratic movement. The basic reason behind this was the discrimination of the African-Americans that were enslaved and did not have citizen rights. The African-Americans protested greatly against their injustice. The birth of the civil rights movement was before the 1954 Supreme Court’s decision on Brown versus Board of Education (Topeka) which stated that separate but equal schools was against the Constitution. FromRead MoreThe Civil Rights Movement Of The United States1157 Word s   |  5 PagesAnd by virtue of the power and for the purpose of the aforesaid, I do order and declare that all persons held as slaves within said designated States and parts of States are and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.† (CITE TEXT) It took just over 100 years for African-Americans to achieve the dream that Abraham Lincoln envisioned nearly a century

Hospital Infection Control A Systematic Literature Review

Hospital Infection Control: A Systematic Literature Review of Health Care-Acquired Infections As the scientific and health communities continue to march on with their efforts to identify, research, and thus educate the rest of the world, it is in an ongoing effort to acknowledge new information and allow its application into todays care practices. Taking the opportunity to attend any plethora of medical conferences is a good way to learn about new studies, technology, and changes in practice. For those of us who do not have that kind of time, the internet can be a valuable source for literature. One area of continued review and revisions to be researched is in the branch of infection control, but more specifically the rate and result of the physical, emotional, and financial toll of health-care acquired infections in hospital settings. Following recent and accumulative research will allow us to figure out the most proficient and cost-effective way to reduce the risk of HAI. I first began my search by typing in such phrases as â€Å"infection control†, â€Å"preventin g health-care associated infections†, â€Å"hospital-acquired infections†, â€Å"infection control and nursing†, â€Å"hospital-acquired infections statistic in Florida†, and â€Å"infection control reduction in nursing†. I was beginning to see that there was an astounding amount of resources to cover so I began to filter threw them in regards to the causes of infection in hospitalized patients, the rate of infections, and solutions toShow MoreRelatedPrevention Of Central Line Infections1588 Words   |  7 PagesPart A Central line infections (also known as central line-associated bloodstream infection), takes place when germs get into the bloodstream via a central line. Central line-associated bloodstream infections (CLABSI) continue to be one of the most deadly and costly hospital-associated infections in the United States. It costs Americans thousands of billions of dollars each year in treating patients who have developed the condition. Nevertheless, these infections are preventable if proper care isRead MoreCatheter Associated Urinary Tract Infection1445 Words   |  6 PagesCatheter Associated Urinary Tract Infection (CAUTI) is defined as the occurrence of a urinary tract infection (UTI) in patients with a urinary catheter in the past 48 hours. Published guidelines by the Infectious Diseases Society of America (IDSA) further defines CAUTI by the presence of significant bacteriuria of ≠¥ 103 CFU/ml found in the urinalysis and signs and symptoms of a UTI without the presence of another c ause for these findings. Signs and symptoms of CAUTI could include: altered mentalRead MoreEBT Task 21531 Words   |  7 PagesProcedure The preoperative procedure of using with chlorhexidine-alcohol (CHG) before surgery has been proven to be more effective to reduce the number of surgical site infections (SSI) than the use of povidone iodine. By reducing the number of infections post surgery, it can lower patient morbidity and can reduce hospital stay time and eliminate further unnecessary costs. A2a. Basis for Practice (who determined ) The basis for changing the method of using chlorhexidine-alcohol bath beforeRead MoreContact Precautions For MRSA1318 Words   |  6 Pagesjourney to fix her hip, Mrs. Jackson experiences delays in getting a hospital bed, receives less attention from her healthcare team, and feels emotional distress as a consequence of this MRSA label. The use of patient isolation and contact precautions for MRSA is a controversial issue resulting from evidence that both supports and discredits this practice. This paper advocates for further high quality research on MRSA infection control and the discontinuation of routine contact precautions for MRSA dueRead MoreA Research Study On Cdc Guidelines And Quality Management Members Assessed Compliance1273 Words   |  6 PagesAlthough a literature review was not specifically provided in it’s own section, overall general concepts were mentioned and referenced as a reason for the study. The researchers did focus extensively on articles that covered central line associated infects, hospital infection control and implementation of catheter bundles. Of the 36 articles referenced, 26 of them were dated between 2010 and 2015, and the remaining 10 were dated between 2002 and 2009, therefore the time frames for these articlesRead MoreEssay On Nursing Prevention1449 Words   |  6 Page scatheter associated urinary tract infections (CAUTI) or the ability to implement IUC alternatives. Critical care patients may require IUC usage due to diagnosis, need for accurate hourly intake and output measurements, or other specified documented reasons. The risk of acquiring a catheter associated urinary tract infections is a result of IUC usage. The Centers for Disease Control and Prevention’s Guideline for Prevention of Catheter-associated Urinary Tract Infections reports that the risk of developingRead MoreEvidence Based Practice ( Ebp ) Process ( Cowell ) Essay1085 Words   |  5 PagesLiterature reviews provide adequate supporting evidence for the evidence-based practice (EBP) process (Cowell, 2016). By using the information obtained from the literature review, that supports the topic, one can evaluate a situation and arrive at the problem that needs a solution. Therefore, an appropriate technique is necessary when searching for the right literature and evidence (C owell, 2016). Search Method The literature search helps to identify and retrieve studies to find out informationRead MoreInspections Spread through Direct Contact733 Words   |  3 PagesMost healthcare-associated infections are spread through direct contact, mainly through the hands of healthcare workers (Gould et al., 2010). Hand hygiene can prevent health care associated infection. The aim of hand hygiene through hand washing is to sufficiently reduce the microorganisms on the skin to prevent cross transmission. Hand hygiene, Infection prevention and control should be incorporated into every aspect of healthcare, this can be done using evidence based practise. Evidence based practiseRead MorePICO Research Paper Tap water vs. Saline1692 Words   |  7 Pageson the use of tap water versus sterile cleansing solutions such as Normal Saline and sterile water. Many cleansing solutions are safe and have been proven to provide effective results, whereas others may damage the tissue, destroy cells, increase infect ion rates and delay the healing process. Normal saline is regarded as the most appropriate and preferred cleansing solution by health care providers because it is nontoxic, isotonic solution that does not damage healing tissue. However, tap water isRead MoreMrsa Research Paper1689 Words   |  7 PagesMRSA Prevention in American Hospitals: A Review of the Literature Jenny Niemann AP Language and Composition Mrs. Cook November 4, 2010 Abstract Methicillin-resistant Staphylococcus aureus (MRSA) is a harmful and virulent antibiotic resistant bacterium that is a major concern in most American hospitals. Modern scientists are aiming to discover effective prevention methods for MRSA in hospitals, so productive prevention guidelines can be created. Clinical microbiologists

Sources of English Law Free Essays

string(128) " to what the law was before the statute was passed in order to discover what gap or mischief the statute was intended to cover\." Sources of English Law By Christopher Richards 9/11/09 Executive Summary In this report I will be discussing the English Legal System, its structure and its primary sources. English law and its legal structure forms the basis of many countries common law legal system, this includes most commonwealth countries and the United States. English law falls into two broad categories: Civil law – derived from Roman law, it is applied when â€Å"wrongs† have been made against individuals; it is also know as a claim or an action. We will write a custom essay sample on Sources of English Law or any similar topic only for you Order Now Criminal law – first instrumented following the Norman Conquest of 1066, Its offences relate to â€Å"wrongs† against property and, or persons which affects the whole community, it is often referred to as prosecution.. I will explain why the methods and tools of statutory interpretation are necessary for the correct implement of statutes and how judicial president formed the backbone of English common law. Introduction The English legal system stems from The Norman Conquest, William of Normandy invaded England in 1066 and upon successfully defeating his adversary he gained the crown of England. William formed the fist basic government â€Å"The King’s Councilâ€Å"(Magnum Concilium) comprised of Lords, Bishops, Barons and other trusted figures Who’s advice which the monarch relied on. Introduced the separation of lay courts and church courts with a binding jurisdiction leading to church law i. e. : clergy were tried in there own courts. As the Monarch William owned all of England with lords, bishops and barons possessing land as tenants or sub tenants, this prompt the introduction of Feudalism of land tenure and judicial activity. Common law† would be established by Judges discussing conduct and behaviour throughout the land, still at this point no legislation was ever written down. Further changes arise, these includes the advancement of â€Å"Case law† setting precedent through facts of similar cases that have already been decided so that it can be judged equally, additionally the hierarchy of binding precedents and court structure. Statutory Interpretation Some statutes have a vague or misleading words or phrases many with homonyms which can make the process of implementing the correct ruling a difficult one, A few areas to look at are a Broad term (words that are used to cover many possibilities), Ambiguity (were the word has two or more meanings and its not defining in which one should be used), a drafting error (an error that was made when drafting the bill or when it was amended), new developments (developments in technology means that old acts may not cover present day situations) and use of language( words that have changed in meaning over time), this is why statutory interpretation as a tool is so important, it allows judges to look at statutes and deduce the true reasoning behind it, there are three methods which are used to do this. Literal Rule This is the most commonly used construction and takes precedent over the following rules; it means to take words written into the statute literally in the sense that if the words are clear then they should be applied. The literal rules had been scrutinised by many lawyers, and said to be â€Å"a rule against using intelligence in understanding language. Anyone who in ordinary life interpreted words literally, being indifferent to what the speaker or writer meant would be regarded as a pedant, a mischief-maker or an idiot†. An example of this is in the Hotel Proprietors act 1956, it provides that the hotel proprietor is liable for loss of or damage to guests’ property, but does not extend to guest vehicles or property left â€Å"therein† , so does the proprietor fall liable to property left on, rather than inside the vehicle ? Interpreted literally yes, the proprietor is liable, because if the act had intended to exclude property left on a vehicle the act would have said â€Å"therein or thereon† so great care must be applied when using this rule. The Golden Rule The golden rule is very much a modification to the literal rule, whereas instead of taking the literal meaning the courts will use a narrow or a wide approach of interpreting the word to avoid an absurd result. If the Narrow approach is applied it would usually be because the word themselves lead to an absurd result for example if there is a sign that say â€Å"do not use lifts in case of a fire† interpreted literally it would mean â€Å"to never use lifts, in case of a fire† which would lead to an absurd result but clearly it is to prevent people from using the lifts if there is a fire nearby. The wide approach is were the word has only one meaning but the meaning could result in a repugnant situation, the wider golden rule would be applied to modify the words in the statute to avoid an unfair result this is shown in the case Re Sigsworth (1935) A son had murdered his mother then committed suicide, The mother had not made a will and under the Administration of justice act 1925 the son would been entitled to her inheritance, the decision had to be made weather her inheritance was to passed onto the mothers family or her son, there is no ambiguity of the act so due to the circumstances the judge used to golden rule to favour the mothers family rather than the son benefiting from his crime. this rule is favoured by Lord Wensleydale in the case of Grey vs. Pearson (1857) he stated â€Å"In construing statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity or inconsistency, but not farther†. The Mischief rule This third rule gives a judge more discretion than either the literal or the golden rule. This rule requires the court to look to what the law was before the statute was passed in order to discover what gap or mischief the statute was intended to cover. You read "Sources of English Law" in category "Papers" The court is then required to interpret the statute in such a way to ensure that the gap is covered. The rule is shown in Heydon’s Case (1584), where it was said that for the true interpretation of a statute, four things have to be considered: 1. What was the common law before the making of the Act. 2. What was the mischief and defect for which the common law did not provide. 3. What remedy Parliament hath resolved and appointed to cure the disease of the Commonwealth. 4. The true reason of the remedy, and then the office of the Judges is to make such construction as shall suppress the mischief and advance the remedy. An example of the mischief rule in use is found in the case of Corkery v Carpenter (1951). In 1951 Shane Corkery was sentenced to one month’s imprisonment for being drunk in charge of a bicycle in public. The defendant was drunk and was pushing his pedal bicycle along Broad Street in Ilfracombe. He was charged under section 12 of the Licensing Act 1872 with being drunk in charge of a carriage. The 1872 Act made no reference to bicycles. The court elected to use the mischief rule to decide the matter. The purpose of the Act was to prevent people from using any form of transport on a public highway whilst in a state of intoxication. The bicycle was a form of transport and therefore the user was correctly charged. Purposive approach This rule exceeds the mischief rule by not just looking for gaps in statutes but for judges to decide what parliament actually meant to achieve. One of the true supporters of this rule is Lord Denning, his attitude towards this rule is shown in the case of Magor and St Mellons v Newport Corporation (1950) â€Å"We sit here to find out the intention of parliament and carry it out, and we do this better by filling in the gaps and making sense of the enactment than by opening it up to destructive analysis† This approach does have its drawbacks and many a judge has voiced its shortcomings saying that, should judges refuse to follow the clear words of parliament and how do they know what parliament’s intentions were? Summary Statutory interpretation as tool is paramount, without it, statutes that were written 100 years ago just wouldn’t be able to be implemented unless statutory interpretation was used. It allows judges and Lords the flexibility to look into statutes and decide whether it is still fair to implement, to break down statues and to interpret how they were original intended, additional if bills hav e been written incorrectly the judge can use statutory interpretation to avoid absurd results and not make a mockery of the English Legal System. Rules of Language Eiusdum generis (of the same kind) In addition to the rules above, the courts also rely on rules of language to assist in statutory interpretation. Firstly, eiusdum generis Latin for â€Å"of the same kind,† used to interpret loosely written statutes. The general words are to be taken as referring only to those things of the same class as specifically mentioned e. g. ‘cats and dogs’ does not include wild animals. There must be at least two specific words in a list before the general word or phrase for this rule to operate. (the phrase ‘theatre or other place of public entertainment’ includes a funfair even though it was not of the same kind as theatres). Expressio unius est exclusio alterius (the mention of one thing excludes others) This is when one or more things of a particular class are mentioned but others may be silently excluded this can be seen in the case of Tempest v Kilner (1846) the court had to decide whether stock and shares were affected by the statutes of fraud 1677(which states that the contract of goods, wares and merchandise of the value of ? 10 or more must be evidenced in writing) but it was deemed that list of goods, ware and merchandise was not followed by general words(stocks and shares) and were not affected by the statute. Noscitur a sociis (a word is known by the company it keeps) This rule of language used by the courts helps interpret legislation, under which the questionable meaning of a doubtful word can be derived from it association with other words. This can be seen in the case Foster v Diphwys Casson (1887), this involved a statute which stated that explosives taken into a mine must be in a â€Å"case or canister†. Here the defendant used a cloth bag. The courts had to consider whether a cloth bag was within the definition. Under noscitur a socials, it was held that the bag could not have been within the statutory definition, because parliament’s intention was referring to a case or container of the same strength as a canister. Intrinsic Aids are things inside the act which assist the judge to interpret or apply the law. Extrinsic Aids are things outside the act which assist the judges to apply or interpret he law. For example the judges can look at previous acts of Parliament and the historical setting. Judicial precedent A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (stand upon decisions) and by which precedents are binding and must be followed. When new cases are brought to court for the first instance and there are no previous cases to base the judgement, this is called Original president. Binding precedent is where past judgements of a similar set of facts are implemented to help courts to keep cases fair by deciding the outcome based upon previous cases. The common law has been developed by passing down from precedent to precedent. In giving judgement a judge will state the law, set out the facts and then provide a decision , it is only the ratio decidendi (the legal reasoning for judicial decision)which is binding in later courts. Orbiter dicta (other things said) may be put forward in future cases but it is not binding, the difficulty is the separation of the two from past judgement as they are not usually listed separately. Judicial precedent is an important source of English law as an original precedent is one which creates and applies a new rule. However, the later decisions, especially of the higher courts, can have a number of effects upon precedents. In particular, they may be: †¢ Reversed: where on appeal in the same case the decision is reversed, the initial decision will not continue to have any effect †¢ Overruled: In a later case a higher court decides that the outcome of the first case was wrong. †¢ Distinguished: where an earlier case is rejected, either because the material facts differ or because the statement of law in the previous case is too narrow to be properly applied to the new set of facts †¢ †¢ A refusal to follow: this arises where a court, not bound by the decision, cannot overrule it but does not wish to follow it so it simply refuses to follow the earlier decision †¢ Explained: a judge may seek to interpret an earlier decision before applying it, so the effect of the earlier case is varied in the circumstances of the present case. Court hierarchy and structure In England and Wales there is a strict hierarchy of the court system, every court is bound by a decision made by a superior court in its hierarchy and appellate courts (courts that hear appeals) are generally bound by its own decision. Courts of first instance Is where the original case was heard, The ECJ, House of Lords, court of appeal and divisional courts do not hear any original cases as they only hear cases of appeal. European Court of Justice The ECJ is the highest court in the English Legal system; European law will be decided in this court and will be binding on the rest of the courts within its structure although some laws are unaffected by ECJ and the House of Lords is supreme. One important feature of the ECJ is that it can overrule its own past decisions if deemed necessary. House of Lords Is not bound by its own decisions and is the most senior national court, its decision bind all courts lower in its hierarchy. Court of appeal Is subsequently split into two divisions, civil and criminal, both are bound by superior courts (House of Lords and ECJ) generally they will follow past decisions of their own but some flexibility (more so criminal division) is accepted. Divisional court Decisions are bound by the ECJ, House of Lords and court of appeal and are also usually bound by its own decisions although some flexibility similar to that of the Court of appeal can be used. High court Decisions are always bound by courts higher than them but none below. All other courts below the High Court are bound by higher courts and will not set president in subsequent cases. [pic] Unknown author. The Court Structure of Her Majesty’s Courts Service [online] Available at http://www. hmcourts-service. gov. uk/aboutus/structure/index. htm accessed 16/11/09 Use of Practice Statement Introduced in 1966, practice statements allowed the House of Lords to change a law and deviate from following earlier cases if they have been considered to have been wrongly decided. There is very little guidance when implementing therefore many judges have been reluctant to use it. The first instance of its use was in the Herrington v British Railways Board(1972) this involved the law of their duty and care owed to a child trespasser. In an earlier case Addie v Dumbreak (1929) the lords had decided that the land occupier is only responsible for the duty of care to injuries of child trespassers if the injuries were deliberate or reckless. In the herrington case the lords had decided that social and physical conditions had changed since 1929 and so should the law. Summary Judicial precedent is a crucial segment in English law, it has formed the backbone of common law by passing rulings from president to president, binding or none binding and has given Judges and lords the power to keep every case fair through binding president and in the eventuality of changes (social circumstances, politics, technology) it can use it to adapt and move with the times accordingly. ———————– European Court of Justice How to cite Sources of English Law, Papers

Performance Measurement Essay Sample free essay sample

Abstraction Performance measuring day of the months back many old ages and its coming accrue from the economic displacement from industrial age to knowledge based economic system. ( Sampson. 1992 ) . While the industrial ages depended on fiscal steps and supply concatenation production the cognition based economic system suffered because of deficiency of concern intelligence and hapless executing techniques and deficiency of steps to estimate impact of non fiscal constituents. ( Sunden A ; Stralton. 2006. Chrystal A ; Lipsey. 1997 ) . There are several theoretical accounts that have been used by direction to mensurate the public presentation of their direction of both touchable and intangible assets for case the balanced scorecard and prism theoretical accounts of mensurating public presentation. This leads to the most logical inquiry why step public presentation? Well the intent of enganging in public presentation measuring is to supply feedback to direction every bit good as employees in the schemes employed and the work they are making. ( Smith. 2005 ) . This helps the direction to easy place countries of failing and better where possible. It besides helps direction to aline employee undertakings with schemes so that the aims of the organisation are met. Back to the issue at manus. this paper sets out to compare and contrast two public presentation measuring tools. that is. the prism theoretical account and the balanced scorecards in a command to happen major commonalties every bit good as differences. In add-on. the critical facets of a good public presentation measuring system shall besides be explored. This paper besides highlights definitions. of important footings. and issues. statements and grounds of the issues explored throughout the paper and eventually offers personal sentiment to the issues in inquiry. Introduction. First and foremost a clear definition of the two public presentation measuring systems is in order if for no other ground than to acquire a clear image of where we are coming from. The two public presentation measuring systems are supposedly alone and yet both tend to hold a comprehensive position on what constitutes good public presentation. Possibly. a expression at each of the public presentation measuring will assist in make fulling in the inquiry of the similarities and differences of between the two. In order to understand clearly what a balanced scorecard is it is worthwhile to get down with what it is non. Balanced scorecard is non the new direction craze. it is non a signifier of undertaking direction or employee rating system. and it is non a tool or a soft ware and is it neither a control system nor process betterment systems. ( Meyer. 2002 ) . A balanced scorecard is a strategic direction attack that was developed by Harvard concern school bookmans Dr Robert Kaplan and David Norton in the 1990s. This was in response to the noteworthy failings that were built-in in old direction systems. The balanced scorecard provided a manner of clearly mensurating public presentation so as to equilibrate the fiscal positions with the organisation ends and vision. ( Kaplan A ; Norton. 2001. Lipe A ; Salterio. 2000 ) Notably. a balanced scorecard doubles as a direction system and as a measuring system. It basically helps the direction to hold a clear vision for the organisation. strategize and finally interpret that vision and schemes into actions. ( Smith. 2005 ) . This helps to give comprehensive feedback on both the internal and external procedures and results as that uninterrupted betterments and public presentation are realized as a consequence. ( Neely. 2002 ) . A balanced scorecard does non work entirely ; instead it depends on th e committedness and cooperation of undertaking directors for its success to be realized. ( Artley A ; Stroh. 2001 ) . This means binding public presentation to scheme or actions to results. That said. what is a prism theoretical account? A prism theoretical account is a public presentation measuring system that comprises of five important aspects. These aspects represent the cardinal facets in the organisation that need to invariably be monitored to find the public presentation of the company. ( Fagerhaug A ; Andersen. 2002 ) . The top and bottom aspects of the prism represent stakeholder’s relation with the company while the bottom represents stakeholders’ part to the company. The staying side aspects represent schemes procedures and capablenesss of the company. The prism theoretical accounts of public presentation plants in more or less the same manner as the balanced scorecard in that they facilitate direction acquire a clear image of who their stakeholders are and what they need from the company. ( Artley A ; Stroh. 2001 ) . This lays basis to developing schemes that will present what the stakeholders want and the procedures required to back up schem es that deliver stakeholders demands. Additionally. a prism theoretical account highlights the company’s capablenesss and specifically the capablenesss needed to prosecute and put to death the procedures and schemes in the satisfaction of stakeholder. These public presentations steps facilitate the organisations to be successful in the long term particularly in today’s competitory concern environment where lucidity of what the company has and outlooks of stakeholders are critical to guaranting endurance of the organisation. ( Smith. 2005 ) . The prism theoretical account besides places a company in a manner that it has a clear apprehension of what it expects from the stakeholders for case. employee trueness. long term investing from stockholders profitableness and so on ( Sunden A ; Stralton. 2006 ) . In existent fact this is what constitutes the focussed thrust for good public presentation. Differences and Similarities As pointed out earlier. the public presentation prism theoretical account is five faceted and it starts with the stakeholders instead than the schemes. On the other manus the balance scorecard starts with the schemes so the stockholders follow at the vertex. The principle behind get downing with the stakeholders in the public presentation prism is that a public presentation steps is non meant to track whether the path an organisation is traveling to take will take it to their finish. A public presentation step is indispensable used to state the organisation whether or non it is traveling in the way of its finish. The public presentation prism takes note of that by ranking the stakeholders’ satisfaction and part extremely. The rule stakeholders here include the providers. clients and investors to the company. employees. mediators. jurisprudence and the external community. By sing what the stakeholder’s demands and wants are every bit good as what the company’s out looks and demands desired to be derived from the stakeholders are. so a scheme to complement or run into them is designed. The balance scorecard and the public presentation prism theoretical account provides a Windowss to imagine future public presentation which facilitate the organisation to realine its assets and construct new schemes to accomplish interruption through public presentation ( Kallas A ; Sauaia. 2003 ) . The prism theoretical account ranks its five positions in order of precedence as the stakeholders’ satisfaction and part. schemes. procedures and capablenesss severally. The balanced scorecard views the organisation in a different positions viz. the client. fiscal concern procedure and larning growing position ( Dilla A ; Steinbart. 2005 ) . The major inquiries that guide the user of a prism theoretical account of public presentation measuring are who are the cardinal stakeholders. what are their demands and wants. what schemes are needed in topographic point to run into these demands and wants? What processes are needed or should be improved to ease executing of the schemes? What nucleus competences should we run to heighten procedure and what parts from stakeholders are indispensable in helping the company to keep and develop capablenesss? Notably the public presentation prism theoretical account is non one that is a ‘one size tantrums all’ theoretical account and it accords the users flexibleness to orient the theoretical account to suit organisational demands establishing from the five rule dimensions. i. e. hereafter. people development. procedure. market/customer and fiscal. The prism theoretical account tackles the defect of the balanced scorecard by turn toing the stakeholder value instead than the stockholder value entirely. On the other manus a balanced scorecard focuses on usage of scheme maps to find good public presentation. The balance scorecard is more interested in the cause-effect relationship between the positions of public presentation step and the strategic aims. Kaplan A ; Norton. 2001 ) . Additionally. the balanced scorecard is built on the premiss that bringing high quality value leads to fiscal public presentation. ( Pray et al. 2003 ) . In order for this to go on. the balance scorec ard proposes designation of internal procedures that need to stand out. Another difference between balanced scorecard and the public presentation prism is that the balanced mark card underpins the value of intangible assets in lending to procedure and costumier propositions ( Smith. 2005 ) . This intangible assets include the cognition accomplishments and competences of the employees in the organisation. information capital and organisation civilization. ( Smith. 2005 ) One major similarity between the balanced scorecard and the public presentation prism is that they both have similar attack in stressing analysis of non-financial steps of public presentation. Both the public presentation prism and the balance scorecard place the importance of the human resource in part to the success of the organisation. Generic critical facets of good public presentation measuring system A good public presentation measuring system is across-the-board and comprehensive. This means that the major constituents of public presentation step should be included in the designing for case. it should hold a elaborate analysis of the stakeholders’ needs. the cardinal procedures. capablenesss. results. senior direction engagement. A good public presentation measuring system is clear on what it wants to mensurate and where it intends to travel. It may sound cliche the organisation must cognize where it is traveling and therefore the public presentation measuring system must be as such. If this is non clear so the balanced scorecard or the prism theoretical account makes no sense to the administrations. ( Fagerhaug A ; Andersen. 2002 ) More to that. a good public presentation measuring system must be straight linked to the organisation scheme so that the two act as benchmarks to estimate public presentation. It must be whole in the sense that all the variables that communicate ‘good performance’ must be included in the theoretical account. A good public presentation measuring system has both fiscal steps incorporated in it although chiefly. a non-financial step is the most dominant facets in the public presentation measuring theoretical accounts. ( Kirkegaad. 1997 ) . Additionally. it is flexible and able to alter with clip as demands and demands alteration. This is because a inactive public presentation measurings system is likely to be rendered disused within a short clip. Furthermore. it should be simple and easy to utilize so that about all stakeholders can utilize it to mensurate single public presentation. It will besides let for customization depending on the assorted organisation divisions and maps every bit good as demands. A good public presentation measuring system must supply feedback to the user and this means timely and accurate feedback. In a universe where velocity is of the kernel. lagging steps are of small or no usage to the organisation. Besides. truth is of import non necessary in absolute footings but in footings of consistence. This is because betterment in public presentation extremely depends on this. A good public presentation measuring system is developed for the intent of bettering public presentation in all important countries and non simply to supervise public presentation. Thus it should be actively used and referred to clip and once more to happen countries of betterment. ( Zairi. 1994 ) Furthermore and most significantly. a good public presentation measuring system identifies spreads between the coveted and existent results and explains the spreads in a clear manner and goes in front to interrupt it down to little constituents that can be addressed to contract the spread. A good public presentation measuring system is sufficiently detailed in footings of supplying high-ranking information on countries justifying betterment and the actions to be taken in a concise overview. On top of that a good public presentation measuring system should non transfuse fright of penalty in the stakeholders for hapless public presentation. This means that the informations therein should non be sabotaged or distorted to justify such a thing. Besides. a good public presentation measuring system enables answerability and enhances taking duty for both good and bad public presentation. ( Fagerhaug A ; Andersen. 2002 ) . This means that members in the organisation take state of affairss in their manus accept incrimination and do stairss to rectifying the job. These critical facets of public presentation step act as mention list and non a manner of frightening organisations to believing twice or thrice on whether to follow the system. Decision Any successful organisation starts with good public presentation steps and non the frailty versa. By and big. the balanced scorecard and the public presentation prism theoretical accounts are all direction system that enables organisations to clear up their visions and schemes and interpret them into actions. A company should non shy away from uniting the public presentation measuring systems with other fiscal measuring tools such as EVA. SVA. EFQM. IAM and Business excellence theoretical account as they can be safely used analogue. ( Hatry. 1999 ) . The success of the public presentation measuring theoretical accounts lies in how good a company intergrates the theoretical accounts with the day-to-day operations of the organisation and particularly with the human resource undertakings. Additionally. the support of the top-level direction every bit good as the organisation staff facilitates the effectivity of the public presentation direction systems. 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