Privacy of Electronic Medical Records

A service related health care organization with staff to patient ration of 1:100 can be described as acutely understaffed. This is a scenario where nurses and doctors are allocated more patients than they can handle efficiently. It puts patients at a danger of getting worse medically or even dying.This is a situation where drug errors, diagnosis and other medical errors are likely to occur. Due to nurse attrition they may record wrong findings and measurements because of pressure to accomplish certain goals within limited time. In most cases understaffed organizations suffer lack of technological input where it is manifested by use of outdated methods of.In a case where a hospital is understaffed, communication among doctors and other staff in such a hospital is poor thus leading to problems that have a ripple effect nature in the running of the institution. Administrative functions are hampered because most of the duties have to be executed manually.The quality of health care is ver y poor because every patient is not given the proper personal attention that they require because other patients will be waiting for the physician that is attending to him or her. Lack of accuracy in writing medical records is commonplace for such an institution because writing the information manually can make someone feel worn out at some point and result in erratic writing.Another cause for errors is the fact that some of the prescriptions or diagnoses are done in illegible handwriting giving a hard time to those who are supposed to act on them.Patients’ mortality and morbidity rate is therefore high as a result. Due to the large number of patients that have to be attended to by one nurse, a problem of retrieval of medical information of the patients becomes a hectic task because files have to be searched manually.This puts patients who need urgent treatment at a risk because time may be lost in trying to allocate their personal information which normally has their medical history and forms the basis on which the physicians act. In addition to this the files may be dilapidated because of wear and tear making the information blurred and illegible, and some of the materials could also get misplaced and scattered all over. All these problems summed up, lead to poor co-ordination in the hospital as well as inefficiencies in the administration.Information technology is indispensable in any health organization because according to Jack Duncan it facilitates health care that is of high quality and is cost effective.Through Electronic Medical Records, Once a patient visits the hospital they give their personal information and on diagnosis of their ailment, findings are recorded against the information as well as other details like prescriptions and orders to other health institutions. This technology ensures accuracy, precision and completeness. It is the same development that enables the creation of reminders and alerts for practitioners to administer drugs to patients thereby saving lives.Electronic Medical records are advantageous in that with consent from patients, other health providers have access to their medical records. The advantage of having such a situation is that a patient is attended to in time since less time is used in finding out his or her medical history regardless of which health institution he or she has attended. Some patients call in hospital too sick to talk or are even subconscious but once some basic information is known about them like their identification, the physician goes right ahead with treatment without having to interview them.Electronic medical records are kept by health organizations for reference and must be kept securely. It is a statutory requirement under state and federal laws for every health organization to keep them protected from access by unauthorized people (Barrows, Randolph and Clayton, Paul. 1996).The security is for the protection of patients from victimization by employers because o f certain health conditions or by their insurers. Disclosure of patients’ confidential information is capable of jeopardizing the integrity of the organization involved on account of defamation, medical malpractice and subjection of patients to emotional distress (Bennett, Bob. 1995).A health care organization therefore has the legal obligation to provide security for any confidential medical information. Physicians are also not allowed to have access to a patient’s medical record without their consent. Electronic technology enhances efficiency in the storage of medical records as well as accessibility.

Benifits of Academic Globalization Essay

2. Introduction: Globalization is one of the most discussed issues nowadays. It has several branches which vary from economic, cultural, academic, and industrial and many more. However, the one that is increasing at a very high rate is academic globalization. Since academic globalization includes the act of studying abroad, it can be defined as is the act of traveling of students to study in a country other than the mother one. Nowadays, students are getting many Academic Globalization l 3 opportunities to study abroad, in addition to other reasons, which is why they are studying outside their home countries. â€Å"He [Wiladavsky] stated that 3 million students are now studying outside their home countries, a 57% increase from 2000† (Apurvadesai, 2010, p. 1). These numbers show the tremendous increase in movement of students around the world. Academic globalization has become one of the most debatable issues. People who are against it believe that once the students graduate and see many opportunities to work abroad they would not come back. On the other hand, people who are with it believe that it provides the students with better education and higher experience. In fact, academic globalization can be beneficial in several ways. 3. Literature review: Apurvadesia (2010), comments on the discussion of the World Affairs council which focuses on the rise of academic globalization. According to Wiladavsky, who was among the speakers, there is an increase in the movement of students around the world. Moreover, he discussed the concept of global ranking that motivates students to work and study harder to reach their goals and become part of the top class. In addition to that, Apurvadesia states that the idea of brain drain is actually brain circulation. Wiladavsky (2010), argues that countries should not be afraid from globalization. On the contrary, Wiladavsky tries to shed the light on the benefits of academic globalization. He believes that it helps in expanding knowledge and in trading of minds. Moreover, Wiladavsky tries to shed the light on the opposing point of view and give reasons behind the fear of globalization. Academic Globalization l 4 Wiladavsky (2010), focuses on why colleges should support globalization. Wiladavsky argues by believing that globalization of higher education helps in identifying talents. Moreover, he believes that successful competition is achieved by higher education. Goodman(2013), argues that Americans should study abroad in order to get  international experience. Moreover, he believes that student would appreciate difference and diversity through meeting new people. In addition to that, he considers that by interacting with people from different countries, students would be trained to all sectors of leaders. 4. Better education: One of the main reasons why academic globalization is beneficial is by offering a better education for the students. This is due to the fact that more opportunities and better experience are provided. 4. 1 More opportunities: Students get better education by having a wide variety of majors to choose where they fit. Some countries lack majors which are  available in others and thus, instead of doing a major that they are not interested in, they have the opportunity to study abroad the major they always dreamt of. For example, in Lebanon, petroleum engineering is not available; however, some students are interested in such a major. So instead of looking for another major to study, they can simply apply in another country which includes such majors. Moreover, a master degree is another opportunity provided in some countries and deprived in others. In developed countries such as USA or Europe, the master degree offered provides the students with better credentials. Students  Academic Globalization l 5 would be more knowledgeable and updated to recent discoveries. A student having a BS degree has less opportunity than a student having a master degree when applying a certain job especially, if the master degree was from a country offering a higher education. 4. 2 More experience: Another reason why students are provided with a better education is the high experience they get. The concept of brain circulation applies here, where students get different degrees from different countries. † A student may leave China, go to Singapore for an undergraduate degree, then to US for a Master’s degree, then  Australia to work for a couple of years, then back to China for a job with a multi-national company†(Apurvadesai, 2010,p. 2). In this example, Apurvadesai describes how having the opportunity to study in different countries provides the student with the higher experience and characteristics required for a job in a multi-national company. Moreover, living in a different country, having different culture, language, habits and lifestyle, increase experience. When students travel, they try to accommodate with the changes around them. This process provides them with higher experience when it comes to dealing with other countries. In addition to that, students will be provided with better communication skills. They would learn to speak new languages fluently due to practice and would be familiar with the demand of other countries. In this way, if there was a foreign customer, Academic Globalization l 6 the student will directly provide him/her with the service he/she is more likely to be interested in. 5. Expands global knowledge: Another reason why academic globalization is beneficial is that it helps in expanding knowledge across the world. This is achieved by discovering new talents. Some countries are deprived from a variety of domains. On the contrary,  when students travel to encounter their education, they would be exposed to a wide selection of domains. In this way, students would be able to discover new talents in them and introduce it to their local country. Moreover, academic globalization promotes the sharing of information between countries. When students get their education in a foreign country, they would be introduced to new concepts, studies and researches. People against academic globalization argue that the country offering the higher education takes away from the learning of the native country. However, introducing new concepts is not bad to other countries. In fact, as RAND economist James Hosek told the Cronicle of Higher Education that â€Å"When new knowledge is created, it is a public good and can be used by many†(Wiladavsky, 2010, p. 3). When students return back to their countries, they would share the knowledge they acquired and help in developing their nations. 6. Conclusion: In conclusion, academic globalization is a trend that is increasing at a very high rate. It is a one of the most debatable issues in the society. Some people are with it and think it is beneficial, while others are against it and think it is harmful. However, it can be beneficial in several ways. It provides better education for Academic Globalization l 7 students through having more experiences and opportunities. Moreover, academic globalization promotes global knowledge between different countries leading to the free trade of mind. In fact, people should support academic globalization to develop the whole world. 7. References: Apurvadesai. (May 15, 2010). Academic Globalization- The Emergence of International Universities. In Reading, Writing and Reflecting. Retrieved from http://apurvadesai. com/2010/05/15/academic-globalization-the-emergence -of-international-universities/ Goodman, A. E. , Berdan, S. N. (October 17, 2013). A Year Abroad vs. a Year Wasted. In The New York Times. Retrieved from, http://www. nytimes. com/roomfordebate/2013/10/17/should-more-american s-study-abroad/every-student-should-study-abroad Wildavsky, B. (January 5, 2010). Academic Globalization Should Be Welcomed. Not Feared. In Brookings. Retrieved from, http://brookings. edu/research/articles/2010/01/15- globalization-wildavsky. Wildavsky, B. (April 4, 2010). Why Colleges Shouldn’t Fear Global Competition. In The Chronicle of Higher Education. Retrieved from, http://chronicle. com/article/The-Global-Benefits-of/64932/. Academic Globalization l 8

Novartis Pharmaceutical Corporation Essay Example | Topics and Well Written Essays - 500 words

Novartis Pharmaceutical Corporation - Essay Example The ideas identified here are further polished and developed in the Novartis Foundation for Sustainable Development and then the finalized solutions to cure the sufferings of the humanity are turned into Novartis product line. The objectives of the growth and welfare go hand in hand throughout these stages. The company’s goals and objectives are in line with its mission and all initial goals and objective contribute towards the final mission of the company. A more than 50.6 billion dollar sale in 2010 provide Novartis the solid financial grounds to support its research activities, fulfillment of commitments towards people, patients, communities, and environment. This not only contributes to the making of a corporate citizenship face of the company but shareholders also yield an increase of 5% in dividends. Novartis portfolio is widening rapidly and recent mergers and business purchases are a symbol of company’s confident march towards success. The fruit of this growth r eaching end to end and employees’ commitment towards the growth of the business marks this fact. (Report, 2010).Aforementioned short description of the company helps us to conclude our discussions with a sufficient insight into the scale of Novartis business and operations. This helps us to select the company for the SLP project and preparation of a detailed case. Moreover, the available sources of information can lead to the in-depth study of the company which is the most exciting part of any SLP project.

Using business concepts and other information relevant to the study of Essay

Using business concepts and other information relevant to the study of organizational structure and culture - Essay Example The project makes an analysis of Greggs the Bakers, which operates as one of the largest retail bakery chain in UK. The company had started as a very small concern but has demonstrated rapid growth and now has more than 1400 outlets. It is even listed in the London Stock Exchange and has plans to expand its outlets even further. The project aims to bring forth the changes occurring in the company with special relevance to the business theories and concepts. Special emphasis has been provided with regards to the company’s change strategies with were implemented through the use of innovative techniques and mechanisms and with the introduction of such products which were unique and not produced by any of its competitors. Changes taking place in Greggs the Bakers Greggs and Bakers have been demonstrating rapid organizational change. Organizational change is the process in which organizations move from their present state to a desired future state with the view of attaining effecti veness (Jones, 2008, p.10). The objective is to optimize its use of resources and using them in improved ways such that the organization is able to add to its value and consequently improve its performance. The rapid growth of the firm from small scale bakery to one of the largest bakery chain in the world demonstrates the company’s dramatic organizational change. The change process includes numerous acquisitions of bakeries and expansion steps. During the 1990s, the company was most aggressive in its expansion strategies and took over as many as numerous Bakery Oven chains of more than 100 shops in the year 1994. In fact in another four years, the company’s number of shops exceeded 1000 and by the year 2010, the number crossed 1500. This included its first all night store which was established in Birmingham. It primarily supplies its products from its large bakeries, however, a number of shops of the company also have their own bakeries. In terms of the number and sca le of is outlets, the company possesses double the numbers of stores in Britain than Starbucks, about 300 stores more than Subway and 200 numbers of stores more than McDonalds. This shows the rate at which the company has grown and has been successful in expanding its operations across the United Kingdom. Application of business theories and concepts Gaining Competitive Advantage The company tried to develop on its core competencies in order to achieve competitive advantage in the market. In fact it has been successful in doing so by producing its own unique products, maintaining its qualities and own system of distribution (Hill & Jones, 2009, p.6). The company introduced its own recipes and dishes. Its bakery product like the sandwiches, which are made freshly on the premises and their sausage rolls accounts few of the special dishes that has found immense popularity among masses. These recipes are sold by more than 2 million numbers in a week. It also sells a large range of other baker fresh stuff and other local special dishes which are primarily for the high street customers. The company has been trying to its operations using its unique products to different parts of the world. Promoting efficiency, speed and efficiency The promotion of efficiency, innovation and speed comprises of few of the major changes that the organization implemented in order to add value. The better the organization functions, the faster is it able to create value in the form of better production of goods and services. Research reveals that the capacity of organizations to create values is directly related to its ability to use innovative measures and better ways of producing quality goods and services (Jones-a, 2010, p.14). The company tried

HUMAN RESOURCE MANAGEMENT ASSIGNMENT Essay Example | Topics and Well Written Essays - 2500 words

HUMAN RESOURCE MANAGEMENT ASSIGNMENT - Essay Example This ensures commitment of the staff in achieving company objectives leading to improved performance and productivity and consequently profitability and competitive advantage for the firm. Banco is a medium sized bank with over 300 branches and operates 24hours, seven days thus making its HR function complex. It faces stiff competition from other companies and needs to fulfil the needs of increasing customers prompted by rapid development in service industry of two nearby towns. Being located in an area of low unemployment, Banco needs to formulate policies and strategies that ensure employee retention. Banco policies are formulated at the head office and imposed on the branches despite the difference that exist in different localities and therefore do not consider diversity and cultural issues when making decisions. The management is bureaucratic in nature as no communication channels are available for the staff to communicate with senior administration except through union represen tatives. The company has training and development policy whereby responsibility is put on team leaders. The recruitment policy entails external recruitment by agencies and at the headquarters. Team work is encouraged and performance is measured through set targets which are supposed to be accomplished individually and through team work. The overall goal of the organization is to ensure quality services so as to retain customers and remain competitive in the service industry. Despite all these measures, its HR policies and procedures is not effective leading to labour turnover, absenteeism and declining profitability. The paper will discuss the various HR issues in the bank and appropriate recommendations to ensure the bank achieves its goals. Human Resource Issues and Recommendations Management One of the problems facing Banco is the manner in which it is managed. It is evident that all policies and procedures are formulated at a headquarters and implemented on other branches. The s trategies may be applicable in one branch but not the others due to cultural diversity. For example the rewards given to motivate workers are viewed differently by different individuals and cultures; some appreciate monetary rewards while others may appreciate non monetary rewards such as promotion so as to climb the social class. The local managers are not involved in formulating the policies and therefore they are not committed to implement the same in order to achieve results. The management team is also inexperienced and therefore cannot handle employees at the call centre if they themselves are not confident. The management also does not communicate directly with the staff but does so through the trade union and therefore may not realise the problems the employees are facing and handle them in order to gain loyalty and commitment. Banco can change its management techniques in order to achieve its objectives. It should appreciate diversity at workplace and hence involve local br anch managers in formulating policies and give them autonomy to formulate some policies at branch level in accordance with local needs. This is important in getting the local managers to feel they own the decisions thus are committed to achieving the company objectives. The managers also have knowledge of the area in which the call centres are located and are close to the customers

Megacities in Asia Assignment Example | Topics and Well Written Essays - 250 words

Megacities in Asia - Assignment Example The slum owners aspire to get better houses, healthcare, infrastructure and social cultural facilities. The citizens are concerned with the general hygiene, how tax payers’ money is being used and the crime rates. The landowners on the other hand, are concerned with the financial loss and encroachment (Ruparel 2013). The residents of Mumbai are likely to benefit from the low cost houses that will be on offer once the redevelopment is completed. They are also set to benefit from the infrastructure that Dharavi will be offering. E.g. Recreation amenities, healthcare facilities, better infrastructure, including the railway line and the roads, this will make the city to be more accessible. The redevelopment of Dharavi will reduce the crime rates as most of the slum dwellers will get employed in the new marketplaces. The quality of life in the city of Mumbai will improve after this project is finally completed. The pollution from the slum will be highly reduced and this will reduce the rate at which diseases are spread and generally lead to a better living conditions (Ruparel 2013). There also plans to build several schools that will impart knowledge to both the slum dwellers as well as the residents of

Come up with one Essay Example | Topics and Well Written Essays - 500 words - 2

Come up with one - Essay Example The initially presented the basic principles of ethical decision making focusing on autonomy, beneficence, justice and nonmaleficence. Other mini-case scenarios were presented; together with an identification of significant points concerning the concept of advance directives. Then, ethics at end of life situations, particularly, euthanasia were expounded, detailing the three interventions: active, passive and assisted. Other ethical issues that were discussed were research ethics and health care rationing. The information presented from this discourse in beneficial in the current research through the credibility posed by the author as an associate professor of the John Hopkins University and thereby has been exposed and directly involved in addressing ethical issues faced by older patients at the end of life stage. The discourse presented balanced arguments detailing the legality of the issues; considering this as an option for patients in pain; and other reasons for promoting and using euthanasia. The article likewise identified the groups opposing the legalization of euthanasia and assisted suicide as coming from both medical and disability rights groups. The contents of the article are thereby useful for the current research in terms of providing a balanced discourse and presenting updated statistics given the current status of its publication (2011). Other valid and authoritative sites were likewise provided for more information on the subject, as deemed

Coaching & mentoring Essay Example | Topics and Well Written Essays - 3000 words

Coaching & mentoring - Essay Example Coaching is about the alignment of actions, thoughts, and motivations toward a desired outcome or process. At times, coaching is not about a means to an end, but about the improvement of a process toward a desired outcome. This process could be considered developmental and is often associated with actualization or learning for individuals, teams, and organizations. Coaching takes place in small increments, often separated by weeks, and must be both intimate and flexible. While coaches may offer perspectives on substantive issues and the coaching agenda, executives must determine learning goals and issues around which they desire to be coached. (Brown, 1999, 40) Executive coaching involves one-on-one discussions between an executive and a behavioral science professional on topics involving skills and style in a professional setting. Coaching has several advantages over other types of executive development options, such as class activities, group facilitation, and consulting advice. Convenience, relevance, and the self-directed nature of executive coaching are important advantages that one should consider in deciding to use coaching over other ways of achieving professional growth and greater organizational effectiveness. Central to executive coaching are the notions that the objectives are jointly determined by the executive and the coach, that it involves observation and assessment of behaviors related to these objectives, and that these observations and assessments are shared. Three different perspectives are relevant for an executive coach to consider in conversations regarding executive performance: the individual executive, the work unit, and the organization. An initial consideration is to explore the executives self-awareness. A first step is to compare the individuals self-perception of his or her relevant strengths, weaknesses, and suggested areas of development

Extinguishment of Obligation Essay Example for Free

Extinguishment of Obligation Essay SECTION 1. – Payment or Performance Art. 1232. Payment means not only the delivery of money but also the performance, in any other manner, of an obligation. (n) Art. 1233. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. (1157) Art. 1234. If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee. (n) Art. 1235. When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with. (n) Art. 1236. The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. (1158a) Art. 1237. Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him in his rights, such as those arising from a mortgage, guaranty, or penalty. (1159a) Art. 1238. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor’s consent. But the payment is in any case valid as to the creditor who has accepted it. (n) Art. 1239. In obligations to give, payment made by one who does not have the free disposal of the thing due and capacity to alienate it shall not be valid, without prejudice to the provisions of Article 1427 under the Title on â€Å"Natural Obligations.† (1160a) Art. 1240. Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person authorized to receive it. (1162a) Art. 1241. Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered, or insofar as the payment has been beneficial to him. Payment made to a third person shall also be valid insofar as it has redounded to the benefit of the creditor. Such benefit to the creditor need not be proved in the following cases: (1) If after the payment, the third person acquires the creditor’s rights; (2) If the creditor ratifies the payment to the third person; (3) If by the creditor’s conduct, the debtor has been led to believe that the third person had authority to receive the payment. (1163a) Art. 1242. Payment made in good faith to any person in possession of the credit shall release the debtor. (1164) Art. 1243. Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the debt shall not be valid. (1165) Art. 1244. The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due. In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee’s will. (1166a) Art. 1245. Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in money, shall be governed by the law of sales. (n) Art. 1246. When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the creditor cannot demand a thing of superior quality. Neither can the debtor deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into consideration. (1167a) Art. 1247. Unless it is otherwise stipulated, the extrajudicial expenses required by the payment shall be for the account of the debtor. With regard to judicial costs, the Rules of Court shall govern. (1168a) Art. 1248. Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. Neither may the debtor be required to make partial payments. However, when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter. (1169a) Art. 1249. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines. The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. In the meantime, the action derived from the original obligation shall be held in the abeyance. (1170) Art. 1250. In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of the establishment of the obligation shall be the basis of payment, unless there is an agreement to the contrary. (n) Art. 1251. Payment shall be made in the place designated in the obligation. There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be made wherever the thing might be at the moment the obligation was constituted. In any other case the place of payment shall be the domicile of the debtor. If the debtor changes his domicile in bad faith or after he has incurred in delay, the additional expenses shall be borne by him. These provisions are without prejudice to venue under the Rules of Court. (1171a) SUBSECTION 1. – Application of Payments Art. 1252. He who has various debts of the same kind in favor of one and the same creditor, may declare at the time of making the payment, to which of them the same must be applied. Unless the parties so stipulate, or when the application of payment is made by the party for whose benefit the term has been constituted, application shall not be made as to debts which are not yet due. If the debtor accepts from the creditor a receipt in which an application of the payment is made, the former cannot complain of the same, unless there is a cause for invalidating the contract. (1172a) Art. 1253. If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered. (1173) Art. 1254. When the payment cannot be applied in accordance with the preceding rules, or if application can not be inferred from other circumstances, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied. If the debts due are of the same nature and burden, the payment shall be applied to all of them proportionately. (1174a) SUBSECTION 2. – Payment by Cession Art. 1255. The debtor may cede or assign his property to his creditors in payment of his debts. This cession, unless there is stipulation to the contrary, shall only release the debtor from responsibility for the net proceeds of the thing assigned. The agreements which, on the effect of the cession, are made between the debtor and his creditors shall be governed by special laws. (1175a) SUBSECTION 3. – Tender of Payment and Consignation Art. 1256. If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by the consignation of the thing or sum due. Consignation alone shall produce the same effect in the following cases: (1) When the creditor is absent or unknown, or does not appear at the place of payment; (2) When he is incapacitated to receive the payment at the time it is due; (3) When, without just cause, he refuses to give a receipt; (4) When two or more persons claim the same right to collect; (5) When the title of the obligation has been lost. (1176a) Art. 1257. In order that the consignation of the thing due may release the obligor, it must first be announced to the persons interested in the fulfillment of the obligation. The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. (1177) Art. 1258. Consignation shall be made by depositing the things due at the disposal of judicial authority, before whom the tender of payment shall be proved, in a proper case, and the announcement of the consignation in other cases. The consignation having been made, the interested parties shall also be notified thereof. (1178) Art. 1259. The expenses of consignation, when properly made, shall be charged against the creditor. (1178) Art. 1260. Once the consignation has been duly made, the debtor may ask the judge to order the cancellation of the obligation. Before the creditor has accepted the consignation, or before a judicial declaration that the consignation has been properly made, the debtor may withdraw the thing or the sum deposited, allowing the obligation to remain in force. (1180) Art. 1261. If, the consignation having been made, the creditor should authorize the debtor to withdraw the same, he shall lose every preference which he may have over the thing. The co-debtors, guarantors and sureties shall be released. (1181a) SECTION 2. – Loss of the Thing Due Art. 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay. When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk. (1182a) Art. 1263. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. (n) Art. 1264. The courts shall determine whether, under the circumstances, the partial loss of the object of the obligation is so important as to extinguish the obligation. (n) Art. 1265. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary, and without prejudice to the provisions of article 1165. This presumption does not apply in case of earthquake, flood, storm, or other natural calamity. (1183a) Art. 1266. The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. (1184a) Art. 1267. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. (n) Art. 1268. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. (1185) Art. 1269. The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have against third persons by reason of the loss. (1186) SECTION 3. – Condonation or Remission of the Debt Art. 1270. Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly. One and the other kind shall be subject to the rules which govern inofficious donations. Express condonation shall, furthermore, comply with the forms of donation. (1187) Art. 1271. The delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor, implies the renunciation of the action which the former had against the latter. If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt. (1188) Art. 1272. Whenever the private document in which the debt appears is found in the possession of the debtor, it shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved. (1189) Art. 1273. The renunciation of the principal debt shall extinguish the accessory obligations; but the waiver of the latter shall leave the former in force. (1190) Art. 1274. It is presumed that the accessory obligation of pledge has been remitted when the thing pledged, after its delivery to the creditor, is found in the possession of the debtor, or of a third person who owns the thing. (1191a) SECTION 4. – Confusion or Merger of Rights Art. 1275. The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person. (1192a) Art. 1276. Merger which takes place in the person of the principal debtor or creditor benefits the guarantors. Confusion which takes place in the person of any of the latter does not extinguish the obligation. (1193) Art. 1277. Confusion does not extinguish a joint obligation except as regards the share corresponding to the creditor or debtor in whom the two characters concur. (1194) SECTION 5. – Compensation Art. 1278. Compensation shall take place when two persons, in their own right, are creditors and debtors of each other. (1195) Art. 1279. In order that compensation may be proper, it is necessary: (1) That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other; (2) That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated; (3) That the two debts be due; (4) That they be liquidated and demandable; (5) That over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor. (1196) Art. 1280. Notwithstanding the provisions of the preceding article, the guarantor may set up compensation as regards what the creditor may owe the principal debtor. (1197) Art. 1281. Compensation may be total or partial. When the two debts are of the same amount, there is a total compensation. (n) Art. 1282. The parties may agree upon the compensation of debts which are not yet due. (n) Art. 1283. If one of the parties to a suit over an obligation has a claim for damages against the other, the former may set it off by proving his right to said damages and the amount thereof. (n) Art. 1284. When one or both debts are rescissible or voidable, they may be compensated against each other before they are judicially rescinded or avoided. (n) Art. 1285. The debtor who has consented to the assignment of rights made by a creditor in favor of a third person, cannot set up against the assignee the compensation which would pertain to him against the assignor, unless the assignor was notified by the debtor at the time he gave his consent, that he reserved his right to the compensation. If the creditor communicated the cession to him but the debtor did not consent thereto, the latter may set up the compensation of debts previous to the cession, but not of subsequent ones. If the assignment is made without the knowledge of the debtor, he may set up the compensation of all credits prior to the same and also later ones until he had knowledge of the assignment. (1198a) Art. 1286. Compensation takes place by operation of law, even though the debts may be payable at different places, but there shall be an indemnity for expenses of exchange or transportation to the place of payment. (1199a) Art. 1287. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum. Neither can compensation be set up against a creditor who has a claim for support due by gratuitous title, without prejudice to the provisions of paragraph 2 of Article 301. (1200a) Art. 1288. Neither shall there be compensation if one of the debts consists in civil liability arising from a penal offense. (n) Art. 1289. If a person should have against him several debts which are susceptible of compensation, the rules on the application of payments shall apply to the order of the compensation. (1201) Art. 1290. When all the requisites mentioned in Article 1279 are present, compensation takes effect by operation of law, and extinguishes both debts to the concurrent amount, even though the creditors and debtors are not aware of the compensation. (1202a) SECTION 6. – Novation Art. 1291. Obligations may be modified by: (1) Changing their object or principal conditions; (2) Substituting the person of the debtor; (3) Subrogating a third person in the rights of the creditor. (1203) Art. 1292. In order that an obligation may be extinguished by another which substitute the same, it is imperative that it be so declared in unequivocal terms, or that the old and the new obligations be on every point incompatible with each other. (1204) Art. 1293. Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. Payment by the new debtor gives him the rights mentioned in Articles 1236 and 1237. (1205a) Art. 1294. If the substitution is without the knowledge or against the will of the debtor, the new debtor’s insolvency or non-fulfillment of the obligations shall not give rise to any liability on the part of the original debtor. (n) Art. 1295. The insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, shall not revive the action of the latter against the original obligor, except when said insolvency was already existing and of public knowledge, or known to the debtor, when the delegated his debt. (1206a) Art. 1296. When the principal obligation is extinguished in consequence of a novation, accessory obligations may subsist only insofar as they may benefit third persons who did not give their consent. (1207) Art. 1297. If the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in any event. (n) Art. 1298. The novation is void if the original obligation was void, except when annulment may be claimed only by the debtor or when ratification validates acts which are voidable. (1208a) Art. 1299. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated. (n) Art. 1300. Subrogation of a third person in the rights of the creditor is either legal or conventional. The former is not presumed, except in cases expressly mentioned in this Code; the latter must be clearly established in order that it may take effect. (1209a) Art. 1301. Conventional subrogation of a third person requires the consent of the original parties and of the third person. (n) Art. 1302. It is presumed that there is legal subrogation: (1) When a creditor pays another creditor who is preferred, even without the debtor’s knowledge; (2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter’s share. (1210a) Art. 1303. Subrogation transfers to the persons subrogated the credit with all the rights thereto appertaining, either against the debtor or against third person, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation. (1212a) Art. 1304. A creditor, to whom partial payment has been made, may exercise his right for the remainder, and he shall be preferred to the person who has been subrogated in his place in virtue of the partial payment of the same credit. (1213)

Individual Responsibility Essay Example for Free

Individual Responsibility Essay So this is the deal: society today frowns on giving the individual responsibility. We are governed by a set of rules that limits the ability of any individual to make a choice, because we believe that the individual will make the wrong choice, for either himself, others, or both. For example, take traffic rules. Rules such as stopping at stop signs and not running red lights should be entirely optional. A cop should not have jurisdiction or the responsibility to enforce such rules; they should merely be considered as social recommendations. You are recommended to stop here, but you may proceed without stopping at your own risk. Sitting at a red light when no traffic is coming makes one feel like a fool and a cog. Why do we sit there, comfortable in our upholstered seats, staring at a red light waiting for the green when we can obviously see that there is no cross-traffic and that it is safe to cross? Because we are scared that we will get a ticket. Why are we scared that we will get a ticket? Because we are scared of what others may think when they find out that we got a ticket for running a red light. Because we will be ostracized by our peers, and considered an unsafe driver. Because we are scared that it will go on the infamous, anonymous record and that we will be scarred for life as if with a scarlet letter. Why do we respect the record? Why do we place such value in not even making a single mistake if we can help it? Because society values its existence as a whole over the existence of individuals. Individuals are valued only so far as how they can contribute to the creation and maintenance of a society, and beyond that, all their individual needs must be satisfied on their own. We choose to restrict the choices that individuals can make because we dont believe that they will make the right choice, whatever that may be. As a result, we feel demeaned and stupid, sitting at a red light at 2am, waiting to cross as the city sleeps. In New York they apparently run red lights en masse, even in the presence of cops, but Ive never experienced this directly so I dont know for sure. In any case, it is time for individuals to take responsibility for their own actions, and for society to risk losing a few more individuals for the sake of maintaining individual identity. And without individual identity, the individual will no longer wish to be a part of a society that treats him like a suckling child. How can you expect to have any self-respect if you work everyday in a job where you dont make decisions, but decisions are made for you by a few words in a manual? Where people value not what you believe and say, but what happens to be written? I guess talk is cheap, but whos to say that writing isnt? When employers watch their employees with video cameras, when employers cannot even trust their employees to not steal from a cash register that they are operating, something must be wrong. Either the employee isnt getting paid enough to work, or the job shouldnt exist in the first place. By not showing trust, youre only asking for an even more disgruntled worker to rob you. And look at the options that an individual has in society today. You have two basic options. Option One: Spend your life in school educating yourself for a job that you dont really want to buy the stuff you dont really need to pass the time until you retire to pass the time until you die. Uh-huh. Tell that to a kid when theyre growing up, and theyll call you crazy. And we think the people who opt-out, such as homeless people, constitute societys insane. But wait, there is hope. Option Two: Understanding this sad fate, you instead sue a large corporation, such as McDonalds, for causing your child to be fat or for causing your own heart disease. You threaten to file a class-action lawsuit that will rival the Big Tobacco suit, costing McDonalds billions of dollars if you win or millions in lawyer fees if you dont. But you also give them the option to settle quietly out of court for an undisclosed sum worth several million. Being a financially-focused business, McDonalds will of course choose to settle. In effect, by threatening to sue and destroy McDonalds reputation, you have earned yourself a living that, if well-managed, could last you a lifetime. And you feel little guilt because McDonalds is not your neighbor whom you see everyday but some faceless corporation consisting of thousands of employees that would rather work elsewhere. Even though what youve done amounts to extortion, blackmail. And McDonalds has chosen business over ethics, without missing a beat. If youre smart, you choose option two. If youre ethical, you choose option one. If youre smart and ethical, you choose a third option, yet to be conceived. But right now, option two seems like the definite way to go. In fact, society recommends it, because of course your childs obesity or your heart disease could not have been in any way under your control as your responsibility, because you, the consumer, are not to be trusted with something as important as RESPONSIBILITY. Who knows, you just might hurt someone. And thus, we have a cycle of lack of responsibility that is self-perpetuating. Society doesnt think we can take care of ourselves, we begin to believe this, and then we act on it to benefit ourselves. Because we really can take care of ourselves, no matter what restrictions society places on us. Our most recent outlet has been litigation; in fact, if you want to get a safe job today, become a lawyer. Just dont expect to succeed if you actually have morals and care about the cases you fight. Just be a shrewd businessman. And dont feel bad when you do the wrong thing, knowing full well that the right thing is going to cost you. After all, you can work for the plaintiff for free; just be sure to ask for a 30% cut of whatever McDonalds gives them. Why do we make a society where doing the right thing is expensive? Who designed this damn thing anyway? Its design by committee, and hence the design sucks

Actus Reus In Recklessness And Common Assault Law Essay

Actus Reus In Recklessness And Common Assault Law Essay Maxim actus non facit reum nisi mens sit rea means that the guilty act on its own will not make a person criminally liable unless it was done with a guilty state of mind. The majority of crimes are brought about by a mixture of actions and are referred to as the guilty acts these represent the physical elements of a crime (actus reus).The mental elements are the thoughts or guilty state of mind (mens rea). If actus reus and mens rea are known and there is no valid defence, the defendant will be found guilty. It is the task of the prosecution to demonstrate together the actus reus and the mens rea of the offence beyond a reasonable doubt to the agreement of the judge and jury. If the proof is not found then the defendant will be acquitted. The actus reus covers all the exterior elements of an offence and consists of conduct, circumstances, and consequences. These are divided into two categories: Conduct crimes and Result crimes Conduct crimes consist of conduct and circumstance and are those in which the actus reus is concerned with prohibited behaviour in spite of its consequences, an example of this would be to drive when you have been disqualified. Result crimes are those where the guilty act requires proof that the conduct caused the outlawed consequence, for example, the actus reus of criminal damage is that the property owned by another person is damaged, and another example is the act of killing someone or committing murder. As result crimes are concerned with causing the consequences the prosecution must show that it was the defendants behaviour that caused the result or circumstances to occur, they have to provide a clear, unbroken causal link. Causation requires a two stage test: Factual causation, the defendants act must be a sine qua non of the prohibited consequence. This simply means that the consequence would not have occurred without the defendants actions. R v.White (1910) 2 KB 124(CA) this case deals with but for test. The test establishes multiple factual causes of death. Legal causation can be established by showing that defendants act was an operating and substantial cause of death. It may not be the sole or main cause but it must make a significant contribution. R v. Cheshire (1991) 1WLR 844 (CA), R v. Pagett (1983) 76 Cr App R 279 (CA). R v. Smith (1959) Legal causation also deals with fault, assigning blame, and responsibility. The defendant will be liable for the all foreseeable consequences or results of their actions. R v. Roberts (1972) 56 Cr App R 95 (CA), R v. Marjoram (1999) (CA). There is no liability in criminal law for omissions unless that failure to act was whilst you are under a duty to act. The duty to act can arise in several ways: Duty arising from statute for example s.170 (4) of the Road Traffic Act 1998 places a duty on the driver involved in an accident to report it to the police or provide details to of the other people involved. Contractual duty, if someone fails to so something under a legally binding contract that they are contracted to do they may be criminally liable if any harm or injury occurs as a result of their failure to act. R v. Pittwood (1902) 19 TLR 37 (Assizes) concerned a duty to act, contract Parental duty to act and a duty towards family members, this is a common law duty that members of a family owe to each other to care for each others welfare. R v. Gibbins and Proctor (1918) 13 Cr App Rep 134 concerning duty to care, R v. Harris and Harris (1993) Reliance or voluntary assumption of care, R v. Stone and Dobson (1977) CA Supervening fault or dangerous situation, this is where the defendant does nothing to avert a dangerous situation resulting from their conduct. R v. Miller (1983) 1 All ER 978 in relation to situation created by the defendant. The mens rea deals with the guilty state of mind. There are two states of mind which either together or separately can form the necessary mens rea for a criminal offence. These are Intention and Recklessness. Direct intention is where the defendants purpose is to cause death, mens rea of murder is the intention to kill or cause grievous bodily harm. Indirect intent which is also known as oblique or foresight intent is where the unlawful consequence as a result of the defendants conduct is foreseen by the defendant as virtually certain although its not the defendants purpose. R v. Woollin (1999) 1 AC 82 (HL) oblique intention, virtual certainty. Recklessness is where the defendant takes an unjustified and unreasonable risk. There are two known types of recklessness, subjective and objective. The law tends to concentrate on subjective tests. R v. G (2004) 1 AC 1034 (HL) subjective recklessness, criminal damage R v.Cunningham (1957) 2 QB 396 (CA) subjective recklessness and interpretation of malicious. The Cunningham test applies to all offences other than criminal damage. Coincidence of actus reus and mens rea When the defendant commits the actus reus of an offence, for liability to occur it must be shown that they also had the correct mens rea at the time the actus reus was committed. The guilty act and guilty state of mind must coincide. Problems have cropped up where the actus reus has been performed, then the mens rea comes into play, and also where the mens rea is present first and then the actus reus follows In order to overcome these problems the courts have used several approaches in order to secure a conviction where the actus reus is complete prior to the mens rea being present, and with the mens rea occurring before the actus reus. The approaches that they have used are called continuing acts and a chain of events. Continuing act is where the actus reus is committed over a period of time and the mens rea is present at some point during it commission. Continuing acts Fagan v. Metropolitan Police Commissioner (1969)1 QB 439 (DC) The defendant accidentally stopped his car on a policemans foot, (actus reus) when he realised this he didnt take it off (mens rea).It was a continuous act as he had actus reus when he ran over his foot and this only stopped when the car was moved and then the mens rea when he refused to move it. The defendant was subsequently found guilty of assault. R v. Kaitamaki (1985) AC 147 He penetrated the victim (actus reus) and when he realised she objected to the penetration he did not withdraw at which point mens rea was present. It was held that the actus reus of rape was a continuing act, and when he realised she objected he formed the mens rea the actus reus was still continuing and so there was coincidence. The defendant was found guilty of rape. R v. Miller (1983) 2 AC 161 (HL) The defendant fell asleep on a mattress in a house whilst smoking a cigarette. When he woke up he noticed that the mattress was smouldering he left it and decided to go to another part of the house. He made no attempt whatsoever to stop the damage and due to this the house caught on fire. The act which caused the (actus reus) dropping of the cigarette happened when the defendant was asleep and the (mens rea) recklessness, damage to property occurred when he awoke. It was held that the defendants failure to do anything about putting the fire out was the actus reus and this coincided with the appropriate mens rea. Chain of events This is the second approach that deals with the mens rea occurring before the actus reus. The defendant will be found to be criminally liable if the guilty act and guilty state of mind are present even if they do not coincide during the series of events. R. v Church (1966) 1 QB 59 (CA) The defendant took the victim to a van in order to have sex with her. The victim made fun of him so the defendant knocked her unconscious (mens rea). The defendant believed she was dead so he threw her into a river in order to get rid of the victim. The victim then died (actus rea). The defendants conduct was viewed as a series of acts designed to cause GBH or death. The actus reus and mens rea were present during the chain of events. The defendant was found guilty of manslaughter R v. Thabo Mali (1954) PC (South Africa) The defendants took the victim to a hut and beat him over the head intending to kill him. They believed they had killed him so they rolled him over a cliff. The victim did not die from the beating or being rolled of the cliff but died of exposure. It was held that the actus reus and mens rea was present throughout. The actus reus consisted of a series of acts and the mens rea was present at some time during the chain of events. They were found guilty of murder. R v. Le Brun (1991) CA The defendant knocked the victim (his wife) unconscious. Whilst he was moving her she knocked her head on the kerb and this fractured her skull. She later died of the injury. It was held that the original unlawful act and the act causing death (actus reus) and the (mens rea) were all part of the same chain of events. The defendant was found guilty of manslaughter. My own example Im employed as a female plasterer on a building site. After finishing work one evening and on my way home I realised that I had left something behind, so I head back too the site. The site has never been secured properly and the workforces have been complaining about this for some time. Whilst back on site a stranger approaches me and threatens to cause me some harm. As he is coming towards me I deliver a powerful kick into his stomach which causes him to fall back and trip over an item on the floor. He bangs his head on the ground and I also use my hawk to batter him over the head several times to ensure he does not get up again in a hurry. There is a great deal of blood on the floor and he does not appear to be breathing. I feel that he may be dead. I drag his body too the back of the worksite and hide it amongst some very tall weeds. I go back to the area where the blood is, clean up, and then leave the site. This example illustrates how the actus reus and mens rea are all part of the same chain of events and were present throughout Task 1(b) Common assault does not involve physical contact. It is an offence under s39 of The Criminal Justice Act 1998. The actus reus of common assault is when the defendant causes the victim to apprehend (expect) immediate unlawful violence. This can be carried out by conduct, deeds, menacing silence, words, or a failure to act. R v. Ireland (1998) AC 147 (HL) The defendant made several silent calls to the victims, these occurred during the evening. They eventually suffered from psychiatric illnesses (depression, stress, anxiety). The House of Lords decided that words can amount to an assault and that silence calls could be seen as communicating a threat. The defendant was found guilty of assault. R v. Constanza (1997) 2 Cr App R 492(CA) The defendant stalked the victim by following her home, turning up to her home address uninvited, writing offensive words on her front door, making several silent phone calls and sending her over 800 letters. The last letter was hand-delivered and this led to the defendant being found guilty of assault. The victim suffered psychiatric illness as a result of the defendants actions. The mens rea of common assault is the intention to cause apprehension of immediate violence or subjective recklessness as to the assault. Battery involves the use of physical force. The actus reus of battery is the infliction of force or violence, this includes slight touching. The actus reus is made up of three elements which consist of direct and indirect physical contact, non-consensual and physical contact. R. v Haystead (2000) 3 All ER 890 (DC) This case concerns indirect contact. The defendant punched a mother holding her baby. The baby dropped and the defendant was convicted of battery on the baby. Battery requires non-consensual touching, the victim can consent to contact (express) or contact is implied, day to day contact. Battery deals with minor physical contact resulting in minor injuries for example grazes, minor bruising, slight cuts, and black eyes. Collins v Wilcox (1984) 1 WLR 1172 (DC) this case gave examples of implied consent, agreed back slapping, seizing a hand in friendship and jostling on the underground. The mens rea of battery is exactly the same as assault, intention to make physical contact or subjective recklessness as to such contact. Unlawful malicious wounding or causing grievous bodily harm with intent is the most serious of all the non-fatal offences and is found in s18 OAPA 1861. Section 18 covers GBH by omission. The actus reus is that the defendant must have unlawfully wounded a person or caused grievous bodily harm. It involves deep repeated cuts, minor cuts, bones penetrating the skin. Serious injury includes mental injury and most recently the transmission of diseases. R v. Ireland, Burstow (1998) AC 147 (HL) As in Ireland above. Both defendants stalked the victims with unwanted attention for over 3 years. The victims suffered from psychiatric injuries as a result of the ongoing acts. The house of lords in both cases concluded that harm to a persons mind that amounted to a recognised medical condition would fall under the category of bodily harm. R v Dica (2004) QB 1257 (CA) The defendant who was HIV positive had unprotected sex with several women. The defendant was fully aware that he was infected but he did not inform the victims of his condition. The court of appeal accepted that a person could be liable for recklessly infecting another person with HIV. The mens rea of GBH with intent is that the defendant must have intention to wound or cause GBH. Recklessness as to causing GBH or wounding (malice) and intention to resist or prevent arrest. Strict Liability offences are those in which the defendant may not have intended or known about the consequences of their actions or the circumstances. The defendant does not need to have a guilty state of mind in relation to all parts of the actus reus (guilty act). Strict liability cases make up half the cases appearing before the courts. Defences for strict liability are those that are applicable to actus reus.   Defences that are probably relevant to actus reus include automatism and duress and also foreseeability is quite important as well. Strict liability offences are mainly created by statute and regarded as regulatory offences and public safety/public interest offences. The offences that are covered are quite extensive and include parking offences, road traffic offences, health and safety, dangerous drugs, dangerous weapons, sexual offences, environmental pollution, possession and the control of dangerous and non-dangerous animals. Sweet v Parsley (1970) HL This case is an important case on strict liability where the need for mens rea in most criminal cases was spelt out and where it was suitable for the presumption for mens rea to be dispensed with. Harrow LBC v. Shah (2000) 1 WLR 83 (DC) The defendant was found guilty of selling a lottery ticket to a young person under the age of 16. The defendant was unaware of the persons age when selling the ticket. R v Marriot (1971) the defendant was found guilty after police searched his home and found a tiny amount of cannabis on a knife. His defence told the court that he had not been aware of what the substance on the blade was, he appealed against the decision and was still convicted. It was held that the accused was guilty if he knew that there was a substance on his knife even if he did not know what the substance was. R v Deyemi (2007) CA the defendants were caught with a stun gun, which they believed to be a torch. It was held that the prosecution only had to prove that they possessed the stun gun, and the stun gun was forbidden by the act. The prosecution did not have to prove that the defendants knew that it was an illegal weapon Alphacell v Woodward (1972) HL the defendants were charged with causing pollution to a river. The pollution occurred as a result of a pipe becoming blocked from their factory and the waste product entered a nearby river. FJH Wrothwell v Yorkshire Water Co. (1984), the defendant who was the director of the company  carelessly poured 12 gallons of herbicide into drains. These drains led into a river. Smedleys v Breed (1974) AC 839 A big manufacturer of tinned peas was convicted under the Food and Drugs Act (1955) (now Food and Safety Act 1990) when some tins were found to contain a caterpillars The arguments in favour of strict liability are: They help to prevent environmental pollution People may be prevented from owning unlawful weapons and drugs The public is protected against unsafe structures Helps to encourage people to really improve standards so they will not be prosecuted for committing a criminal offence

Nortel Meridian :: essays research papers

INPUT/OUTPUT CRASH COURSE Meridian crash course faq798-5880 Posted: 20 May 05 (Edited 3 Jun 05) Programming Meridian SL1 PBX This is a short introduction into programming a Meridian PBX. The Meridian PBX's software divides information into LOADS. Each Load has a specific function for example. LD 20 is where you can print information about phones. The loads range from LD 01 - LD 143 How to HyperTerminal in to the PBX and VOICEMAIL Systems. 1. Launch HyperTerminal 2. Set phone number to your modem dialin number 3. Set terminal emulation to VT102 X Modem 4. Dial†¦ it should end up at a blank HyperTerminal window 5. Type the password to access the PBX modem. This will not show up on the screen when you type it. The screen should now display â€Å"Ok, You are now transparent to port 1†. 6. Type â€Å"logi† to login, then the password. 7. You should now have a > command prompt. To go from PBX commands to VOICEMAIL (in Hyperterminal) 1. Go to â€Å"File†, â€Å"Properties†, â€Å"Settings† and set the terminal emulation to VT100. 2. At the >, type â€Å"AX† 3. Hit â€Å"F1† to bring up the command bar at the bottom. 4. Hit â€Å"F1† again to Logon To go from VOICEMAIL back to PBX (in Hyperterminal) 1. EXIT all the way out of VOICEMAIL, back to where F1 says â€Å"logon† (lower left button) 2. Go to â€Å"File†, â€Å"Properties†, â€Å"Settings† and set the terminal emulation to VT52. 3. hit â€Å"Ctrl ]† TO EXIT IMPORTANT – Do NOT exit HyperTerminal until you have logged out of BOTH the VOICEMAIL and PBX Command System (â€Å"logo† is the PBX logout command) Basic commands LOGI = LOG IN LOGO = LOG OUT **** = TO CLOSE LOAD ** = RETURN TO REQ PROMPT ERR SCHXXXX = Explanation of error code ( ovl†¦sch†¦) DNB = DIRECTORY NUMBER (DN) a.k.a. phone extension ex: 2300 TNB = TERMINAL NUMBER (TN) (port number on the switch) = i.e. 24 00 02 05 - 24=Loop 00=Shelf 02=Card 05=Unit = *Please note: Enter "spaces" between the numbers: CUST: Customer number (almost always "0" unless you have more then one customer set up) Short Cut's For Option 11's: When entering the "TN" information you don't have to insert all the 0's. i.e. 09 00 00 02 would only be 9 2. ============================================================ Logging in: Be carful not to log in more than 3 time incorrectly, If you see OVL400 this means you are locked out for up to 45 Minutes. You should see this when you press return:">" or "OVL000"

Environmentalists Essays -- essays research papers

Bill McKibben and Edward Abbey are both modern environmental writers who have had a noticeable impact on the environmental movement. One of Abbey’s novels, The Monkey Wrench Gang, was an inspirational piece for some of the founders of Earthfirst!, a far-left environmentalist group. McKibben’s most famous novel, The End of Nature (1989), is more widely read than any other nature book since Rachel Carson wrote Silent Spring. Abbey, who is commonly associated with the Southwest,a has often been described as possessing a bitter but passionate attitude. A past including careers as a ranger and a firefighter indicate his attachment to the wilderness that he considers “our natural home'; is something very real to him. His concept of “Eco-Defense';, in which he gives environmentalists a right to protect their home, is an original and unique way of thinkng of environmental protectionism. McKibben shows us the damage we have done to the natural world and makes a plea fo r an end. He was born to two journalist parents, married a journalist, and wrote for and edited the The New Yorker . Abbey and McKibben write differently but they are bonded in that they both demand change. Abbey and McKibben would agree that something is wrong with America’s attitude toward the environment. However, Abbey’s writing invites doing battle with those who invade the forests while McKibben simply tries to point out that there is a problem and that something radical must be done to eliminate it at its base. Abbey’s essay, Eco-Defense, and McKibben’s essay, Not So Fast both ask the reader to act radically. However, Abbey writes as if to de-emphasize the radicalism of his solution while McKibben is blunt as he explains that the only sane option is something that is contradictory to societies current values. Both McKibben and Abbey’s audiences have proven them to be effective as persuasive writers. What is it about their writing that makes it work? Abbey’s writing is intended to stir the reader’s instincts. He begins his essay with an example of self-defense in the home. This is something that most people can come together and agree on. Abbey writes, “Self-defense against attack is one of the basic laws not only of human society but of life itself, not only of human life but ... ...rgy conservation are highlighted because they are applicable and are examples of the macro-environmental problem that most people fail to see. The emphasis is not that we have a moral issue to change but that we must. McKibben gives us a journalistic viewpoint, which cannot be ignored. He quotes an interview he had with Al Gore in which Gore said, “The maximum that is politically feasible, even the maximum that is politically imaginable right now, still falls short of the minimum that is scientifically and ecologically necessary.'; If this is true then why do so many people fail to recognize it? McKibben sums it up in one powerful phrase, “Change frightens us';. Abbey and McKibben have influenced the environmental movement in two different ways. Abbey gives those who are already involved some of his passion and has inspired many people to sacrifice for what they come to believe in. It is a hot-blooded brand of environmentalism. McKibben presents us with information that we should not be able to ignore with good conscience, attempting to change our minds without manipulating them. Either way, both writers have been successful in the purpose they are writing for.

Preventing Abortion

Abortion should be prevented Why deny someone a well-deserved life? Abortion is one of the topics that cause more victims in the world, the decision to make it legal or illegal is discussed in several countries and even religious entities. I feel abortion can be prevented because of all the resources that are available today. Depriving someone the chance to live will not fix the problems you have in life, actually it will appear fixed but guilt and consequences will always be part of your life. Having an abortion is mostly a women’s decision, but some circumstances force them to make these decisions.Having an abortion can have several consequences such as depression and stress. Family members involved can have mental instability. The act of abortion is almost always accompanied by suffering. Women who practice it experience emptiness, regret and even sadness. Consciously they may find an immediate solution and a relief for that moment. The most unfortunate consequence, dependi ng on the circumstances in which the abortion was done, may be putting their life in risk and also the risk of not being able to become pregnant again.Awareness is important when having unprotect sexual relations, not only because of undesired pregnancy, but also because of getting sexually transmitted diseases. Today resources are available to protect an undesired pregnancy, including information, medications, birth control and condoms, so this way, the only type of abortion performed are those that could not be prevented, such as rape victims, saving a mother’s life or when the unborn child would have a disease, mental or physical, that would allow them to not have a healthy life.Most discussions about abortion are because of the belief that life begins at conception; however this belief does not have support of medical science or religion traditional. Before Christians did not view abortion as a murder until the conception, which their belief was that a soul enter the body at 40 to 80 days after conception. But later they started to believe that life begins at conception.There are many different points of view about abortion, for example, men and woman will see it differently, education level, marital status, religion, political etc. As a partial solution to reduce abortions, even more resources should be provided to the population. Governments should work together with schools to provide even more healthy and sex information to teenagers so undesired pregnancies would be prevented, reducing the number of abortions and social problems.The Governments should also make more programs available such as school aids, healthy care, and cash assistance that gives women the incentive to keep their children and motivate them to provide as mothers. The government needs to keep finding more ways and resources to prevent unintended pregnancies. Class requirements should be implemented and rules should be loosened to allow teenagers to familiarize themselves with the consequences of unprotected and premarital intercourse.

Prohibition of Fast Food Essay

Nowadays, one of the biggest industries in the whole world today is fast food chains, lots of cities around the world are full of fast food restaurants more than ever. Therefore, a lot of people eat fast food because it’s cheap, especially during this moment of crisis that we’re facing. So, would it be productive if such food was banned? There are some advantages and disadvantages about banning fast food restaurants because of various reasons. Let’s look into it and see for ourselves if it is really worth the while. On the one hand, if new fast food restaurant openings are banned, I think that it might not have much of an effect. However, it would be more productive for the city to provide incentives for supermarkets in order to make healthy food within reach of local residents. Moreover, almost everybody is aware that these fast food chains serve menus with a high calorie content and, consequently, this causes problems of obesity, heart diseases, diabetes and other heart related issues. On the other hand, as I said previously, a lot of people eat this kind of food because it is cheap or because the lack of time to cook at home that they have. Furthermore, fast food chains are improving their menus by releasing lower calorie food. What we cannot do is to forbid people from going to these places to eat or suddenly prohibit selling this kind of food in the supermarkets. If people want to eat fast food it is up to them, however they should be aware of the problems eating this junk food implies. As a conclusion, I would say that people cannot ban something that is widely accepted and patronized. Maybe a recommendation can be made but still, fast food chains are too much powerful, so it would be impossible to ban them especially when money is a primary concern.

Oil and Gas Industry in Kazakhastan

Kazakhstan is one of Central Asia’s most successful and dynamic economies. More than hundred U.S. companies are operating in this country, through subsidiaries, JVs, liasion offices or as contractors. While most of them are found in the energy sector, many of them are service sector firms (e.g. international law firms, accounting firms, Banks like Citibank, American Express bank etc.). There are companies in telecom, sector, consumer goods and others. Kazakhastan provides excellent business opportunities in the fields of Oil and Gas, Power, Telecom, Medical instruments, Controlling Pollution, Agro-Machinery, Food, Construction and Mining.Kazakhstan has implemented important structural reforms during the past few years with an objective to transform its economy into a robust, market-driven business environment. However, some of the issues concering the development are- corruption, inconsistent customs regulations, inconsistency in interpretation of law, red tapism, work permit limitations for managerial and technical staff, amendments in laws increasing government interference etc. Many of these concerns are on legal innovations, which are aimed at creating changes in prevailing contracts e.g. â€Å"the Government has recently adopted legislation giving it preemptive rights in both existing and future contracts in the event that shareholders in oil field consortia want to sell shares, even if other partners have a contractual right of first offer†. Similarly, the Government adopted a telecom regulation that limited foreign equity in telecom companies to forty-nine percent.   (http://www.buyusa.gov/kazakhstan/en/doing_business_kazakhstan.html)Kazakhstan is perceived as an evolving economy surmounting the heritage of the Soviet economy through constant dedication to economic liberalization and upholding a striking investment climate through practical policy choices and support with the West. The IMF called Kazakhstan's firm macroeconomic stabilizat ion actions â€Å"appropriate and far-sighted.† Of all the ex-Soviet economies, Kazakhstan is rated first in FDI as a percentage of gross domestic produce and next only to Hungary in per capita foreign direct investment. Because of its thriving reforms, liberal trade practices, and capability to draw external financing, the economy is booming. Kazakhstan is a signatory to the World Trade Organization.(http://www.kazakhembus.com/Stable_Free_Market_Economy.html)Kazakhstan's economy registered a growth rate of 8.5% in 2006. GDP grew by 9.4 percent in 2005, by 9.1 percent in 2004, by 9.2 percent in 2003 and by 9.5 percent in 2002. Kazakhstan's financial policy has been well administered. Since 2001, the inflation has been under check and well controlled. In 2006, it was 8.6 percent, 7.5 percent in 2005 and during 2001-2003 it was 6.4 percent, 6.6 percent and 6.8 percent respectively. Due to strong macroeconomic show and financial strength, Kazakhstan became the first former Sovie t country to settle all of its debt to IMF in 2000, seven years before schedule. The U.S. Department of Commerce has recognized Kazakhstan as a market economy under U.S. trade law since 2002. This is the result of effective market economy reforms in the domains of â€Å"currency convertibility, wage rate determination, openness to foreign investment, and government control over the means of production and allocation of resources†.Kazakhstan became the first economy from the ex- Soviet Union to get an â€Å"investment-grade† credit rating from a leading global credit rating agency in 2002. Projected external borrowings in 2005 were $41.66 billion. In 2004, Kazakhstan's gross foreign borrowings were approximately $26.03 billion. Kazakhstan has been able to check the ratio of borrowings to Gross Domestic Produce in recent years. In 2005, total governmental debt was 8.9 percent of GDP whereas this ratio in 2000 stood at 21.7 percent of GDP.Kazakhstan has copious natural we alth with a whole prospective value projected at $8.7 trillion. Specially, Kazakhstan's hydrocarbon reserves are enormous and are expected to be next only to Saudi Arabia and Iraq. Oil and gas is the most important economic sector. Oil exports have pushed the economic development and have already drawn considerable international investment of over US$ 8 billion since 1993. The Tengiz oil field, was promoted by the TengizChevrOil a joint venture company established by the Kazak government and Chevron in 1993. Exxon Mobil and LukArco have also joined the venture to further develop the said project. TegizChevrOil is the major foreign venture in Kazakhstan. Though Kazakhstan’s present oil output of nearly 1.2 million barrels/day is comparitively small, oil reserves found offshore in the North Caspian, together with onshore sites currently being developed, put it among major oil exporter over the medium term.The total output of oil and gas condensate in the country totaled to 61.9 million tons in the year 2005 registering a growth of 4.3 percent over 2004. Total exports of oil and gas condensate were 52.4 million tons per annum in both 2004 and 2005. The total output of natural gas in Kazakhstan in 2005 equaled 14.5 billion cubic meters, registering a growth of 25 percent over the same in 2004. Kazakhstan has reserves of about 4 billion tons of confirmed recoverable oil and 3 trillion cubic meters of gas.Industry forecaster consider that planned development of oil production, together with the expansion of new fields, will facilitate the country to generate as much as three million barrels per day by the year 2015, elating Kazakhstan into the position among the world's top ten oil-producing countries. Kazakhstan's exported oil valued at US$17.4 billion in 2005, which constituted 70% of total exports from the country.In Kazakhstan, most important oil and gas fields and their producible oil reserves are: â€Å"Tengiz (7 billion barrels); Karachaganak (8 billi on barrels and 1,350 billion cubic meters of natural gas); and Kashagan (7-9 billion barrels)†. From 2004, the Government of Kazakhstan augmented its catch of oil deals by rising levy of new oil projects. (http://www.kazakhembus.com/Enormous_Energy_Reserves.html)It was in 1899, when oil was first revealed in Atyrau. Since then, the affiliation with the West has been essential to energy resource growth in Kazakhstan. The first oil well, â€Å"Karachungul well†, had a depth of about forty meter and daily produced approximately 150 barrels. Alfred Nobel had developed it in association with Russian industrial companies. This grew to fifteen operating wells 1912, and each well generated about 306-346 barrels per day usually. The new development also included a transit system for transporting 5,453 barrels of oil to Baku per annum through barge. While the appropriate progress of Kazakhstan's vast oil reserves has been sporadic due to two world wars, a uprising and the conclus ion of the Soviet Union, the reality of deep wells and the growth of shipping solutions have remained fundamental to Kazakhstan's energy equation.Apart from the major oil reserves, â€Å"Karachaganak also has 500 billion cubic meters of natural gas†. The potentially biggest recent discovery of major hydrocarbon reserves is the offshore â€Å"Kashagan† structure. The reserves at this site are expected to be three times more than Tengiz. The group, developing this two thousand  square mile block fourteen thousand feet below the Caspian sea bed comprises of nine companies: â€Å"BP Amoco, ENI, British Gas, Mobil, Shell, Total Fina Elf, Phillips, Statoil and Inpex†.The forecasted extractable reserves of oil are projected to be 7.8 billion tons, and those of natural gas 7.1 billions cubic meter. About seventy percent of these resources are gathered in the western parts of Kazakhstan, and the greater part of the reserves are associated with salt fields and have been found at depths of over 5000 meters.The envisaged reserves of the Kazakhstan part of the Caspian shelf are projected to be around thirteen billion tons of standard fuel but the successful expansion of the Caspian fields necessitates a considerable amount of investment. According to industry experts, the total required investment could be as high as $160 billion, which includes an amount of about $10 billion for the preliminary stage of exploration, including field assessment. As on now, western companies have already pumped in more than US$7 billion.Some limitations to getting investments for discovering the Caspian shelf had been the need of a clarification to the status of Caspian Sea. With signing of the agreement between Kazakhstan and Russia to partition the seafloor of the Caspian along the midline between the two countries, the issue appears to have been resolved. Similar agreements have been signed between Kazakhstan and Azerbaijan, and Azerbaijan and Russia.Envisaged reser ves of the Aral basin stand for about two billion tons of standard fuel. The high gas and oil prospective and encouraging geographic location in respect of the basic transportation of groundwater routes makes the Aral basin one of the most significant area with respect to the prospective oil discovery operations.In spite of Kazakhstan’s considerable oil and gas resources, the production and export of hydrocarbons has been inhibited by Kazakhstan’s land-locked position and its considerable reliance on domestic and Russia’s shipping networks for export routes. Kazakhstan is dedicated to the expansion of multiple oil export routes, in order to sustain its impending oil resources of 100-110 billion barrels.   A wide-ranging understanding with the national pipeline operator, Kaztransoil CJSC can be made in order to gain access to the main pipeline system by agreeing to   shipment schedules by the Kazakhstani oil producers.Due to the inadequate capability of the K azakhstani pipeline system, right to use to the pipeline is established as per the ratio of a particular oil producer’s contribution in the total quantity of oil to be produced in Kazakhstan in a given year. Presently, there are only two in service pipelines: â€Å"the Atyrau-Samara pipeline connects Kazakhstan to the Russian export network, while the CPC pipeline (Tengiz-Novorossiisk) connects the Tengiz field with the Russian port of Novorossiisk on the Black Sea†. Although there are it is largely privately owned pipeline but Russia reserves the right to suspend and enforce limitations on the stream of Kazakhstani oil from the Atyrau-Samara pipeline into Russian transportation network. More importantly, Russian organizations usually have priority access to their export terminals. By becoming a partner to the international BTC (Baku-Tbilisi-Ceyhan) Consortium that have built a 1,730-kilometer export pipeline with an annual capacity of 50 million tones, Kazakhstan can improve the scenario. (http://www.kazakhembus.com/Oil.html)The services of nationals and foreign nationals in Kazakhstan are monitored by the Labor Laws, labor relations are monitored by individual employment agreements and, if applicable, collective labor contracts. Employment agreements must be in writing and must obey the rules to the minimum standards prescribed by the Labor Law. Companies usually face problems in hiring managerial and technical staff. Further, they even have to obtain permits to get overseas workers.Kazakhstan has delivered continueous economic development for several years, particularly given the increasing significance of the Caspian Basin as a source for petrochemicals. While the rate of its economic reforms has recently slowed down,   Kazakhstan’s promise to continue and further push the structural transformations aimed at changing its economy into a more market-driven business climate remains of vital importance. Prospective international investor s and exporters will prefer to see more repeated and many more success stories in this market in order to invest in the Kazakhstan’s economy. In spite the several issues that still need to be addressed, in this Central Asian country, an increasing number of the U.S. enterprises is of the opinion that Kazakhstan deserves a serious thought by the U.S. exporters. More importantly, considering the strategic significance of the country, it is important for them to be here for being competitive in Central Asia.Resourceshttp://www.kazakhembus.com/Oil.htmlhttp://www.allbusiness.com/mining/oil-gas-extraction-crude-petroleum-natural/235547-1.html?yahss=114-2974554-235547http://www.state.gov/r/pa/ei/bgn/5487.htmhttp://www.bakernet.com/NR/rdonlyres/1E007228-ED7E-4475-8ED7-0BDBA7B76FD3/38334/DBIKazakhstanJan2005.pdfhttp://www.buyusa.gov/kazakhstan/en/doing_business_kazakhstan.htmlhttp://www.cioc.com/http://news.bbc.co.uk/1/hi/business/7015361.stm

Pathophysiology Of Coronary Artery Disease Health And Social Care Essay

Heart onslaught has become a common family term in the United States, due to the fact that about 16 million American have been diagnosed with coronary arteria disease. Harmonizing to American Heart Association, an American dies every minute due to coronary arteria disease. Coronary arteria disease besides known coronary bosom disease or ischaemic bosom disease encompasses other pathologies, such as angina and myocardial infarction ( bosom onslaught ) . Coronary arteria disease occurs when there is a narrowing of the coronary arterias, due to the development of plaques taking to cut down sums of oxygenated blood to the bosom. [ 2 ]Anatomy and Physiology of the Heart: –The bosom is an indispensable organ that is responsible for pumping blood all throughout the organic structure and providing it with O and foods. It is the cardinal hub for the cardiovascular system and acts as the conveyance system of the organic structure, which performs via electrical conductivity activity. The anatomy of the bosom is composed of many constructions, such as the four Chamberss: the right and left atria and ventricles, legion blood vass such as the aorta, the pneumonic arteria and vena, and the coronary arterias, four valves, three beds of tissue, etc. The aorta is the chief arteria that pumps the blood out of the bosom to the remainder of the organic structure ; the pneumonic arteria and vena conveyance oxygenated and deoxygenated blood receptively, and the coronary arterias make a Crown on the bosom musculus and provide the myocardium with oxygenated blood and foods. The valves in the bosom are responsible for forestalling backflow of blood and let the blood to go around in an unvarying manner. The electrical conductivity system of the bosom accounts for the whipping of the bosom leting it contract and act as the pump of the organic structure. [ 2, 3 ]Pathophysiology of Coronary Artery Disease: –When the coronary arterias become occluded due to plaque construct up a status called coronary artery disease occurs. Atherosclerosis means tapered and hardening of the arterias taking to damage to the blood vass and is a major subscriber to many bosom diseases and upsets [ 4 ] . These atherosclerotic plaques are formed are from lipid and fat sedimentations, chiefly being cholesterin, which is a ground why diet is besides major hazard factor in developing coronary arteria disease. Arteries are composed of three beds: adventita, intima, and media ; the plaque tends to develop between the intima and media beds [ 5 ] . These atherosclerotic plaques narrow the lms of the arterias doing reduced sums of blood to make the bosom and overtime indurate them doing decrease flexibleness during vasoconstriction and vasodilatation [ 4 ] . Additionally, the atherosclerotic plaques can free doing thrombosis and ischaemic events [ 5 ] . When the coronary arterias ‘ map is compromised, the bosom does non have equal supply of oxygenated blood and foods doing lesse ning cardiac map. At times of emphasis, the organic structure will seek to antagonize these alterations to accomplish homeostasis, by working harder than normal ; nevertheless, drawn-out effort initiates a cascade to many disease procedures and pathologies, such as myocardiopathy, bosom failure, arrhythmias, cardiac apprehension, and classically myocardial infarction ( bosom onslaught ) [ 4 ] . Most patients of coronary arteria disease experience angina and/or myocardial infarction, or perchance decease.Hazard Factors of Coronary Artery Disease: –Coronary arteria disease tends to be the most common cause of decease and disablement in the United States. The chief hazard factors of coronary arteria disease are as follows: positive household history, physical inaction, hapless diet, smoking and/or intoxicant consumption, along with other diseases pathologies like high blood pressure, diabetes, high cholesterin, and fleshiness. A individual that has positive household history of bosom disease of a first grade relation is at greater hazard of developing coronary arteria disease [ 2 ] . Physical inaction, hapless diet, and fleshiness go manus in manus for developing coronary bosom disease. Obesity has become an epidemic that affects one in four Americans and consequences in many dangerous effects. Heart disease has become the cause of decease in industrialised states compare to developing states, due to sedentary life style and increased fast-food ingestion. The American Heart Association encourages patients to exert on a regular basis and eat healthy and this besides accounts for better forecast of coronary arteria disease even if person has other hazard factors [ 2 ] . Research indicates that a diet that ‘s rich in omega 3-fatty acids, such as fish helps protect against vascular disease [ 2 ] . One of the most preventable hazard factors for any disease is smoking, and for cardiovascular disease it is the figure one preventable cause [ 2 ] . The World Health Organization states that 1 twelvemonth after surcease of smoke, the hazard of coronary arteria disease lessening by about half [ 2 ] . Additionally, increased age and sex are other lending factors to coronary arteria disease. Statistically, males are more likely to develop coronary bosom disease at an early age, nevertheless the hazard peers for both work forces and adult females after post-maturity. Other diseases such as diabetes, high blood pressure, and/or hypercholesteremia combined with coronary arteria disease consequences dangerous effects, which it is why it ‘s recommended to maintain a close oculus on cholesterin, blood force per unit area and glucose degrees and checked on regular footing [ 2, 4 ] .Symptoms of Coronary Artery Disease: –Most patients of coronary arteria disease are symptomless, whereas other patients can show with a assortment of symptoms such as: shortness of breath, stringency around the thorax, thorax hurting, Levine ‘s mark, o r perchance decease [ 2 ] . Patients that exhibit symptoms tend have beforehand phases of harm to their coronary arterias [ 4 ] . Angina is the authoritative bosom hurting most patients complain about that is caused by ischaemia. Ischemia is the deficiency of O supply to a part of the bosom [ 4 ] . Patients can see angina at anytime, nevertheless classically it ‘s exhibited after a individual has been involved in an immaterial activity, such as exercising. Angina can be categorized as stable, unstable, or Prinzmetal ‘s ( discrepancy ) angina [ 2 ] . The Levine ‘s mark is the authoritative presentation of a bosom onslaught that most histrions in Hollywood portray, when they are holding a bosom onslaught, which is a clinching fist over their chest [ 1 ] .Complications of Coronary Artery Disease/ What is a bosom onslaught?Myocardial infarction occurs when the bosom is deprived of oxygenated blood because of rupture of the atherosclerotic plaque, ensuing in a province of ischaemia. Supply meets demand theory comes into drama, because the bosom is demanding oxygenated blood and foods, but the coronary arterias are unable to supply due to atherosclerosis construct up. The country of the bosom that the harm occurs to the bosom depends on the vass that are occluded, exhibiting a assortment of symptoms and/or complications [ 4 ] . For illustration, if the myocardial infarction occurs at the right atrium and upset the electrical conductivity activity of the SA node, it may do the patient to perchance endure from arrhythmias. Therefore, basically if a patient experiences a myocardial infarction at a peculiar part of the bosom that country will endure an ischaemic event and kills the bosom tissue hence doing it non-functional. Overall, a myocardial infarction has hapless forecast and tends to take to morbidity and mortality [ 2 ] .Diagnosis of Coronary Artery Disease: –Coronary arteria disease is a status that develops overtime ; therefore there a re n't any existent trials that can bespeak if a individual is enduring from coronary arteria disease [ 6 ] . Healthcare suppliers use patient ‘s history, physical test consequences, and assess hazard factors for developing coronary arteria disease [ 2, 6 ] . Electrocardiogram, emphasis testing, echocardiography, and research lab proving turn out to be the trial of pick by health care suppliers when analyzing patients that are at hazard of developing coronary arteria disease. Electrocardiograms besides know as an EKG or ECG detects the bosom ‘s electrical activity, beat, bosom rate, axis, and any unnatural expansions of the bosom [ 6 ] . An EKG is a speedy and painless trial and can state healthcare suppliers if the patient had or is holding a myocardial infarction [ 2, 6 ] . Stress testing can be induced by exercising or medicine for measuring ischaemia in a patient [ 2 ] . An echocardiography ( echo ) utilizes sound moving ridges to supervise the bosom ‘s activit y, including the size, form, and blood flow. Laboratory proving, such as blood trials are conducted on a regular footing to measure the degrees of cholesterin, sugar, and proteins such as inflammatory markers [ 2 ] . Other tools, such as chest X raies, angiography, antielectron emanation imaging ( PET ) , and cardiac cautery can be utilized for patients with greater hazard factors and/or beforehand phases of coronary arteria disease [ 2 ] .Treatment of Coronary Artery Disease: –Coronary arteria disease is a complex disease since it encompasses other pathologies ; nevertheless intervention options for coronary arteria disease tends to be simple at its early phases, such as lifestyle alterations. Patients are encouraged to partake in curative life style alterations ( TLC ) , such as day-to-day exercising, eating healthy well-balanced repasts, and emphasis and weight direction. A comprehensive TLC program besides helps command other diseases, such diabetes, high blood pressure a nd fleshiness [ 6 ] . The American Heart Association recommends patients with hazard factors to use the DASH diet, which encourages ingestion of fruit and veggies on a day-to-day footing, eating fish twice a hebdomad, restricting salt and intoxicant ingestion [ 5 ] . TLC helps cut down the hazard of bosom disease by take downing cholesterin and keeping a organic structure mass index ( BMI ) of less than 25, which is considered to be normal [ 6 ] . For advanced phases of coronary arteria disease medicine such as decoagulants, acetylsalicylic acid, beta-blockers, Ca channel blockers, and glyceryl trinitrates are prescribed to assist cut down symptoms, lower cholesterin and blood force per unit area, prevent blood coagulums [ 2, 6 ] . Aspirin is the taking medicine to assist alleviate angina and prevent myocardial infarction. Patients that have extended harm to their arterias or have experienced a myocardial infarction may necessitate medical processs, such as angioplasty or coronary a rteria beltway grafting ( CABG ) [ 6 ] . Angioplasty or transdermal coronary intercession ( PCI ) is a medical process done to open blocked or narrowed coronary arterias [ 6 ] . Normally, people refer this medical process as holding a â€Å" stent † put in, which helps prevent future obstruction from happening. CABG is an extended surgical process done where physicians use blood vass from other countries of the organic structure that are n't blocked to short-circuit narrowed and damaged coronary arterias, therefore bettering the blood flow to the bosom [ 2, 6 ] . Overall, patient instruction proves to be the best intervention option to assist forestall coronary arteria disease.Decision: –Levine sign- ^A Edmondstone WM ( 1995 ) .A † Cardiac chest hurting: does organic structure linguistic communication help the diagnosing? â€Å" .A BMJA 311A ( 7021 ) : 1660-1.A PMCA 2539106.A PMIDA 8541748. Chapter 10 pg 341 CMDT Human Anatomy and Physiology Chapter 18 pg 662 ; Marieb/Hoehn Clinical Pathophysiology made laughably simple ; Berkowitz AHA Website- hypertext transfer protocol: //www.heart.org/HEARTORG/Conditions/HeartAttack/Heart-Attack_UCM_001092_SubHomePage.jsp hypertext transfer protocol: //www.nhlbi.nih.gov/health/health-topics/topics/cad/