COURSE CONTENT REACTION

COURSE CONTENT REACTION

Running head: COURSE CONTENT REACTION

Course Content Reaction

Name:

University:

Course:

Tutor:

Date:

Course Content Reaction

Introduction

Conflicts are a part of our day to day lives. At the work place conflicts arise especially when employees have different goals. Conflicts can improve the performance of the entity as they provide avenues through employees comprehend each other better and expand their knowledge about the issue. They also develop leadership skills through dealing with issues that generate the conflicts. Contrary to this, conflicts can also leave employees disgruntled and unsatisfied. They can deter relations among employees and promote poor attitudes. For conflicts to be advantageous to an entity, they have to be settled in a proper way. Conflict resolution is a process which should be enhanced by the management and the employees themselves. Consequently, all students should be equipped with skills which enable them to resolve conflicts amicably so that when they enter the workforce, the do not escalate conflicts rather, they find ways of curbing them.

Learning goals

I would like to gain to be equipped with not only managerial skills but leadership skills too. These skills will help me to understand different types of conflicts and anticipate what might lead to their escalation. I would also like to get proper insights on what generate conflicts among people. This will enable me to set proper strategies will prevent confrontations with other people. Whenever there are conflicts between people, the affected parties can sit down and work out their differences, but if they fail to come up with solutions or totally fail to discuss the issues that face them, a third party has to be involved.

In my career journey or as I interact with people, there are chances that we will not agree on everything. This may lead to conflicts. I would not like my relationship with others to be deterred, neither would I like my performance to dwindle due to conflicts. This course is supposed to aid me in proper conflict management process in that, I do not have to wait for a third party to settle issues. Additionally, I would like to take lead in the conflict resolution process. This course is supposed to help me know how to approach others in way that will not negatively impact on the conflict.

At times the intensity of the conflicts may be very high to the point that a third party has to be involved. Such matters may be accompanied with emotions leading to a dawdling conflict resolution process. Whenever I am caught up in such situations, I would like to apply methods that will not make my emotions to compromise the situation. I would like to learn how to keep my emotions intact irrespective of the issue at hand. Even when I feel offended, this course is supposed to empower me to look beyond my feelings and learn how to accommodate others.

At the peak of my career, I wish to be a manager and also give directions to people. I wish to be the most effective manager who motivates people to realize their goals. In this position, with reference to Eddy (2008), I comprehend that my subordinates will be challenged with issues which will lead to conflicts amongst themselves. Poor conflict management may lead to a failed workforce. I would not like to lead failed personnel. I would like to lead a very motivated workforce and proper conflict management boosts employee motivation. Though this course, I will be equipped with leadership skills that will be of use in enhancing the conflict resolution process. Through my intervention, the conflict will be rested for good never to erupt again.

Perspective of Conflict Resolution

Initially, I thought conflict was a negative thing and should be avoided. I was amazed when the lecturer said that conflicts are important and good for an organization. I felt like objecting but choose to listen further. During conflicts, approaching others which are in conflict with me might face a lot of challenges. The other affected party may lush bitter words at me while others may get more violent and resolve to picking up fights. In addition, where emotions are involved, the other party may get too emotional hence the conflict evaluation may be prejudiced. On the other hand, the third party in the conflict resolution may not be fair and may favor one side.

Through the first two weeks and the reading assignment, I realize that yes, conflicts are important. It only depends on how they are dealt with. When I reach the zenith of my career as a manager, I realize that not all will like the way I carry out my duties. I may try to come up with the best strategies according to myself, which I think will put the conflict to an end, but the solution might just end up to be the genesis of another problem. I also think that solving a problem between parties which carry attitudes is very multifaceted and almost impossible. But in the midst of all this, I have to create proper channels for resolution of conflicts.

Sensory Evidence of Achieved Success

Through my academic journey I would like to achieve my goals which will enable me to be exemplary when carrying out my duties. In the field of conflict management, I will be able to tell that I have achieved success and that I can be able to effectively handle conflicts if I am able to instigate the conflict resolution process when in disagreement with my peers, my family members and any other people that I interact with. Through the resolution process, if I will be able to control my emotions and apply more of thinking and coming up with the best solution, then I will have ascertained that I have gained proper conflict management insight through this course.

After the other affected part and I sit down and come up with proper solution, if I feel peaceful at heart and am able to look at the issue from a positive perspective then I will conclude that I have been equipped with conflict management skills. Additionally, after we refer to the matter as solved, if I will be able to relate to other party well like nothing happened, and I we will both sit down share a meal and talk as friends, there will be no doubt I will have achieved my goals. Furthermore, I will be sure of the success when I realize that am not affected by what other people say about the conflict once solved.

Class Setting

The class is quite with not so much disruption from the outside. It is conducive for learning and does not give room for the swerving of the mind. The lecturer is audible enough and does not elicit problems with hearing. The lectures elucidations are detailed and do not contribute to confusion rather perks up on the knowledge. My fellow students are also a booster to the learning process. They do not engage in annoying activities like opening sweet wrappers which might deter attention, rather, they are calm and very attentive.

The lecturer is approachable and answers questions asked. Additionally, the lecturer also delivers information with a lot of enthusiasm and cracks a lot of jokes. The usage of example and real life stories make the class lessons interesting. There is no doubt; this will be one of the most interesting classes. With regard to my fellow students, they are friendly and willing to share. With this, I am sure that we will manage to complete group assignments together without many difficulties

Reaction to Class Activities

The class interactions are very vibrant and provide a lot of information. They also help in knowing how other people think. I find this very positive because at the work place, I will meet people who think differently and yet have to come up with what has to apply for all of us. The interaction also boosts on how I may react to my boss without losing respect. This is enhanced through interacting with the instructor. Furthermore, the score cards which are issued are very helpful in self evaluation. They have helped me know my strengths and weaknesses. Through them, I am now working to improve my weak points and turning them into strengths.

I have also learnt through demonstrations on the proper ways to protect myself during conflicts. I have learnt that through the whole process, I should not compromise my safety and personality. Demonstration and visual equipment used in the study are very effective in driving the point at home. It is hard for me to forget what I have seen.

Some terminologies may look like they are common knowledge in this field and the lecture may use them with the knowledge that we students know them. This makes learning a bit challenging and I may not comprehend what is taught. Moreover, several subtopics may be covered during one lesson. At the end of such lessons, I may be left confused instead of being knowledgeable. Lack of understanding of the information being delivered leads to disgruntlement. Hence I look forward to the best coverage of the course which will enhance my comprehension of the topic. To improve on understanding, I anticipate for related topics should be covered in one lesson. This will evade the disruption of the mind from its line of thought.

I like the class the way the introduction has been covered. Visual accompaniments as a way of delivering information may be well received. I look forward to more of this and real life experience through. I hope that managers or employees from different companies will be invited to talk to us on the real issues on the ground. What is in the books may not apply directly to what we will come across but people in who work in our society have the experience of all arising issues which we are likely to be faced with.

Reaction to Reading

I did not know the kind of reading material to employ in this field. I had no idea that conflict resolution is covered in academic journal. Hence I was so prepared for volumes and volumes of books. In accordance, I was shocked the lecturer said that academic journal articles and newspaper articles will form a part of our reading material.

Reading materials have provided me with a foundation of knowledge about conflicts resolution. Some of the reading are very interesting and have acted as an eye opener to the kind of knowledge I expect in this field. Some of the readings I have employed include how conflicts resolved, how conflict resolution techniques work and the role of leadership in conflict resolution (CDR Associates, 2007 p. 89). Reading materials have also analyzed the pros and cons of utilizing these methods and how reconciliation can be achieved after resolving issues (Bar-Siman-Tov, 2004 p. 39). Reading materials have also provided real life experiences especially newspaper articles which have enabled me to know the kind of conflicts that are experienced in the present society (Stevens, 2013). I always thought conflicts were negative but through reading, I have comprehended on the significance.

I have realized that reading assignments will not only build on what I have been taught in class by clarification but will also enhance my comprehension of the information delivered during lectures. Reading has been very paramount especially with regard to overview of the conflict resolution process. What I do not like about the readings given is at times the amount of reading materials. At times they are too many to be read and comprehended in a short span of time.

Conclusion

I appreciate this as a method of interaction with our lecturers. Through this, I will be able to know where I am going wrong and rectify in time. This also gives us students venues to raise our issues and if they are tackled, our learning experiences will be boosted.

References

CDR Associates, (2007). Conflict resolution for managers and leaders : the CDR Associates training package : participants workbook. San Francisco: John Wiley.

Bar-Siman-Tov. (2004). From Conflict Resolution to Reconciliation. New York: Oxford University Press.

Eddy, W. (2008). It’s all your fault! : 12 tips for managing people who blame others for everything. United States: HCI Press.

Stevens, H. (2013, July 9). What do your battling friends have in common? You. Chicago Tribune .

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Course Project EISA

Course Project EISA

To assess your ability to:

organize the major components of the current state of an enterprise information system architecture for an organization in terms of business processes that it supports

organize the detailed components of the current state of an enterprise information system architecture for an organization in terms of a specific business process that it supports

Course Project—EISA:

The EISA diagram is very important in analyzing the business process in the company some of the main contribution it has made to the company include the ability of the organization to analyze the production trends in the company and develop a proactive measures of dealing with the problems. It is also important in determining the optimal process and procedures that the organization can follow to leverage its competitive advantages and realize its productivity. The organization also relies on the EISA diagram to map the pathway to sustainability, profitability and optimality.

However, the current EISA has a number of limitation on the general productivity and efficiency and profitability because of the inherent weaknesses and limitation it has on the marketing processes.

Reporting structure:

The company is reporting structure is marked by numerous levels that hinder immediate execution of financial plans. The financial planning and execution structure of the company is laborious and bureaucratic, making the release of funds and execution m of the planned marketing activities in the company very slow. This interferes with the timelines and the bottom lines of its activities.

Marketing gap

The pillar of the organization in question is operational excellence, however this has been so hard to meet considering the fact the process model in use is not optimized for excellence. Some of the factors that contribute to this limitation include the decision making model used within the company and the performance evaluation system. The company in the service sectors is experiencing problems with the decision structure. The company is mostly composed of poor decision structure in which the upper echelon personnel (C-level) who are not in touch with the line managers and middle level members only make the decision. In all organization, the middle level Managers are the only people with facts on the marketing system within the organization and are always in constant contact with the customer. All the queries and customer complaints pas through them and they are the people who operationalise4 the plans developed within the company. Therefore main decision team should be integrated with the midlevel managers and customer focused team to ensure that the decision made within the company take into consideration the input of the low cadre managers. Additional the company needs to leverage its business synergy to fit the strategic fit that will enable it to achieve the objective of operational excellence.

Operational excellence.

The main advantage that the middle offers is operational excellence as the company process o determining and assembling the right input (resources) and converting them to the output that that the customers want, makes it’s the most optimal process in the industry. The production process is very efficient with minimal resource wastes and time lags despite the slow decision process. Once the company has made decision, the execution process is often very fast.

Reduction of cost of IT, and the general complexity

The current enterprise information system architecture is vary useful in reducing the general, complexity within the organization, it details the reporting structure and the way the cost of information technology in the organization can be reduced thereby contributing to the final cost reduction strategy by the company. It also provides newer ways for re-purpose in addition to re-use as it helps the organization to link its process to the new technologies and skill. While this is true, has one weakness as it relies so much on IT. However, this is overridden by the fact that the architecture is closely connected to the business need and strategies. The main challenge may lie on the extension of the integration to all the aspects of the organization and its process across all the complex and multi-partner enterprise

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Course Project Milestone 1 Health History Form

Course Project Milestone 1 Health History Form

Course Project Milestone 1: Health History Form

Your Name: Date:

BIOGRAPHICAL DATA (10 pts) Date: 19th, November, 2013

Initials: M.W.O.

Age: 56 years

Date of birth: 12th November, 1957

Birthplace: Michigan

Gender: Female

Marital status: Married

Race: Spanish

Religion: Christian

Occupation: Teacher

Health insurance: Has a life policy with the United health care insurance company.

Source of information: Interview with a patient at John Hopkins hospital

Reliability of source of information: Very reliable

PRESENT HEALTH HISTORY/ILLNESS (15 pts) Hospitalized for suffering yet another heart attack

Reason for seeking care: The patient suffers from hypertension

Health patterns: She has had diabetes and eye problems since childhood, She became alcoholic at 17, At the age of 20 she suffered chest pains due to obesity, at the age of 30 she suffered from a heart attack,

Health goals: She intends to completely eliminate her crave for consuming alcohol, she also intends to avoid fatty foods and heavy carbohydrates at all costs.

HEALTH BELIEFS AND PRACTICES (15 pts) She has since started dieting in order to cut her weight, she enrolled in a rehabilitation center to cut her consumption if alcohol, She goes to the gymnasium for exercises to cut on her weight.

Beliefs and practices: She beliefs in avoiding eating disorders for a healthy living. She practices this by taking milk in all her diets and avoids snacks and food with high calories at all costs.

Factors influencing healthcare decisions: The factors influencing her health care decisions include: her over weight problem and the development of heart complications.

Related traits, habits or acts: She goes for regular medical checkups, She checks her diet, She has decided to avoid alcohol and tobacco related products apart from that she is also monitoring her weight.

MEDICATIONS (15 pts) She takes both prescription medications and over the counter medications.

Prescription medications: Her prescription medications are: receptor blockers, angiosdiuretics and beta blockers.

Over-the-counter medications: Calcium channel blockers and ACE inhibitors.

Herbals: She uses anti ace peptides

PAST HISTORY (15 pts) Childhood diseases: She was diabetic when she was still seven years old

Immunizations: She was immunized against measles and malaria

Allergies: She is allergic to irritants and hidden allergens

Blood transfusions: She has had two blood transfusions

Major illnesses: Her major illness is heart failure

Injuries: She injured her elbow while playing basketball

Hospitalizations: She has been hospitalized 20 times

Labor and deliveries: Her two labor and deliveries were done through caesarian section

Surgeries: She has had one surgery to remove a brain tumor when she was a kid

Use of alcohol: She was alcoholic but has since changed

Use of tobacco: She used tobacco when she was alcoholic but has since changed

Use of illicit drugs: She used illicit drugs while she was alcoholic but has since changed

EMOTIONAL HISTORY (15 pts) Mental, emotional or psychiatric problems: She has no history of Mental, emotional or psychiatric problems

FAMILY HISTORY (15 pts) Father: Was alcoholic

Mother: Experienced heart problems in her old age

Siblings: Two are alcoholic while one is diabetic

Grandparents: Were both alcoholic

PSYCHOSOCIAL/ OCCUPATIONAL HISTORY (15 pts) Occupational history: She is a teacher by profession

Educational level: She has a bachelor’s degree in education

Financial background: She is well endowed economically given that she comes from a rich family

ROLES AND RELATIONSHIPS (15 pts) Significant others: Her husband is not alcoholic

Support systems: Given that husband is not alcoholic he supports her in her rehabilitation efforts

ETHNICITY AND CULTURE (10 pts) Ethnicity and culture: She is Spanish and loves football.

Physical and social characteristics that influence healthcare decisions: Her mother and husband support her efforts to reform since they are not alcoholic

SPIRITUALITY (5 pts) Religious and spiritual needs: She is a Pentecostal Christian and always visits her pastor for prayers

SELF-CONCEPT (5 pts) View of self-worth: She is a valuable teacher and her students love her

Future plans: She intends to get into the family business upon retiring from teaching

REVIEW OF SYSTEMS (20 pts) Skin, hair, nails: She has a skin rush, she has experienced hair loss, color bands can be seen under her nails,

Head, neck, related lymphatics: There is a pounding sensation in her head, and experiences neck pains

Eyes: She has been diagnosed to be having retinopathy, she also has blood spots in her eyes

Ears, nose, mouth, and throat: She experiences dizziness in her ears, her nose becomes stuffy if she catches a cold, she has lost her sense of taste, she also has an extra tissue behind her throat.

Respiratory: She experiences respiratory failures

Breasts and axillae: Her breasts and axillae are not well constructed

Cardiovascular: She has an irregular heartbeat and an enlarged heart

Peripheral vascular: She has a reduced supply of blood to her body organs

Abdomen: She experiences abdominal aortic aneurysms

Urinary: She has dark urine

Reproductive: She is not reproductive

Musculoskeletal: She has an increased level of uric acid in her blood

Neurologic: She suffers from corticobasal degeneration which is a Neurologic disorder

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Course Reflection of NU 300

Course Reflection of NU 300

Course Reflection

Name of Student

Name of Institution

Course Reflection

NU 300 has been a course of a kind. Nursing is very interesting, but involving at the same time. Because this is an integral course to the achievement of the main goal of becoming a competent nurse, I believe I have achieved most of the course objectives in a significant way. The unit is well organized with manageable content. Additionally, the flow of topics is aligned to each objective to suit the needs and expectations of students. Precisely, the course has student-centered objectives.

The course materials are easily accessible. The only book recommended for the course, Professional Nursing Practice: Concepts and Perspectives(6th ed.), is authored by individuals of standing academic and professional qualifications and experience. The availability of this book in digital form enhanced my study experience. In addition, the Manual by the American Psychological Association offered a standard guide to the course contents.

I believe I achieved the first goal of analyzing the role of the nursing professional in today’s global society. I have been able to put myself in the place of a nurse out there to know exactly what is expected of me. I have realized that nurses are the difference between life and death. Spending most of the time with the patient, a nurse knows more than the patient or doctor does. To improve healthcare delivery, it is essential for nurses to adhere to the code of practice and sound medical requirements.

I was also able to determine the skills necessary for professional nursing leadership. Discipline, dedication, and confidentiality are among the core skills required of nurses. The course taught me all these, thanks to the instructor who revered commitment and discipline. Right from executing assignments faithfully to delivering the same on time, my study pattern instilled in me the core skills of nursing. Experience at the clinic is not the beginning of developing these skills; the skills commence with self-actualization at the initial stages of study.

Through the abundant seminars I attended as part of course requirements; I developed greater insight into the influence of culture and values on community care. The experience at my community serve too enhanced the achievement of this objective. Community values and culture affect healthcare in negative ways. The use of herbal treatment, witchcraft, and religious beliefs that only God is the healer has caused serious medical consequences for adherents.

The role of research and technology, in improving patient outcomes, could be the greatest course objective I have achieved so far. Research was at the core of studying this course. Technology came in handy to facilitate all research activities. These included mostly the use of the internet. Evidence-based nursing has been advocated of late. This type of nursing relies more on research endeavors to get the right information on medical actions and consequences.

In light of evaluating my professional values, goals, and abilities in planning for professional development, I have equally achieved much. My goal in taking this course was to be a “modern” nurse. By this I meant a nurse who is all-round in terms of professional practice, skills, and experience. With my study abilities, I think I gave this course the best. My performance in assignments is a good indicator. I strove to lessen mistakes in problem-solving to keep to terms with the value of upholding accuracy in all practical and theoretical matters. These are essential elements in the nursing practice, and I think I am good to go based on personal evaluation.

I must acknowledge that the course content and organization had much to do with my achievement of the course objectives. With a uniform pattern of readings, videos, tutorials, discussions and seminars, each topic of the course was easier to understand in theory and practically. The videos helped visualize how things are in reality. The discussions and seminars were a platform for exchanging views and listening to diverse and contradicting opinions. We would come to common conclusions with everyone concurred.

The APA practice exercise taught me organization in work presentation. The knowledge of presenting points in written form and referencing the same appropriately not only enhanced formal communication but also boosted my writing skills. As a nurse, writing will form part of my daily routine. This ranges from updating records to writing clinical reports. These cannot be done from scratch; the APA writing format is an approved way of presenting information more so medical ones.

The Professional Development Plan assignment done in phases was a means of assessing me professionally. As the course progressed, I could easily gauge my development from one stage to the next. This came after a series of seminars and outdoor endeavors. In addition, the evidence-based practice content highly facilitated my goal to become a “modern” nurse. Above all, the general education outcomes formed the path to achieving these objectives. The ability to reason in a sound way and communicate in Standard American English were essential tips to solving the wide range of problems I encountered through the course.

References

American Psychological Association.Publication Manual, 6th Edition. Retrieved 20 January

2015 from HYPERLINK “http://www.apastyle.org/manual/”http://www.apastyle.org/manual/

Blaise, K. K. and Hayes, J. S. (2010).Professional Nursing Practice: Concepts and

Perspectives, 6th Edition. London: Pearson

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Course Reflection on Child development

Course Reflection on Child development

Reflection

Author

Institution

Part1: Course Reflection

Introduction

Child development is extremely crucial in enhancing the future of any nation. However, it is closely connected with their families and the nature of early childhood that the children undergo. One of the fundamental insights that I have attained from the coursework is the importance of roles in the family as far as enhancing child development is concerned. Roles have a bearing on the behavioral expectations and patterns. This, therefore, determines the nature of response of any individual to certain circumstances. In addition, the rules applied in the family environment have a key role the growth of children both in the family and later on in their social lives (Diffily & Morrison, 1996). Moreover, I gained insight on the role played by boundaries applied in the family in shaping the personality of the child as they define the separateness, togetherness and limits within that family (Walsh & Giblin, 1988).

Throughout the course, my professional goals have been strengthened and refined. This is especially considering that, the curriculum in child education has been mainly paying attention to academic or intellectual growth while neglecting other aspects such as cognitive growth. This has opened my eyes to the incredible challenge that I faced in my career and underlined the importance of creativity in enhancing the outlook of this curriculum. I believe that immense research must be done on the various curricula so as to determine or evaluate the best one for the growth and development of children. These have to be customized to suit the needs as per time, stage of growth and the realities of the age.

I have drawn incredible inspiration from the various people who have shared their experiences pertaining to early childhood education. Their experiences opened my mind as to exactly what I should expect in the field. However, I was particularly inspired by ms Sandy Escohedo who has underlined the incredible role that professionals in the field of early childhood play in shaping the life of a kid (Escohedo, 2010). This motivated me as it cemented my notion on the incredible role that I have in shaping the future, and complimented my passion in incorporating creativity.

Part 2.

The importance of professional goals cannot be understated as far as charting one’s career growth is concerned. However, there are instances where the professional goals change in the course of one’s academic and career growth. These changes are bound to underline the changing dynamics or realities of the time. At the beginning or first few weeks of the semester, I set out my three professional goals as being innovative and creative, performing beyond the set standards, and taking risks so as to enhance my professional growth. These professional goals have not changed in any way. I acknowledge that child education is always changing. In essence, what may have productive in the past may not be effective today. In essence, I have purposed to sharpen my creativity so as to enhance the application of my knowledge in different times. In addition, I have noticed that recent curriculums have emphasized on academic growth of children while relegating other aspects of a child’s life such as socialization and emotional wellbeing to the periphery. This underlines the importance of changing the curriculum, something that will necessitate innovation and creativity to ensure that all aspects of a child’s growth are well considered (Diffily & Morrison, 1996).

This would ensure that my performance is beyond the set standards but within the set rules and regulations. The experimentation and implementation of innovative ideas would undoubtedly involve risking quite a lot. The innovation has to be founded on comprehensive research to determine their applicability in the circumstances. Investing in the future must involve investing in the wellbeing and growth of the children and ensuring that the system and curriculum allows for their growth and development in all aspects.

References

Escohedo, S. (2010). The passion for early childhood [DVD].

Walsh, W., & N. Giblin. (1988). Family counseling in school settings. Springfield, IL: Charles C. Thomas.

Diffily, D &Morrison, K, (1996). Family friendly communication for early childhood programs. New York: National Association for the Education of Young Children

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Coursework 2 Crisis Communications Plan

Coursework 2 Crisis Communications Plan

LUBS2136

Crisis management

Coursework Brief

Coursework 2: Crisis Communications Plan

A crisis communication plan provides policies and procedures for the co-ordination of communications within the organization, and between the organization and any applicable outside agencies (e.g. – the media, regulatory agencies, customers, suppliers, stakeholders (board of directors, shareholders, unions, staff) and the public) in the event of an emergency or controversial issue. Emergencies may include fires, bomb threats, natural disasters, or major crimes. Controversial issues may include police investigations, protests or other situations that demand a public response.

It is the goal of a crisis communications plan to establish guidelines for dealing with a variety of situations, and to ensure that staff and communicators are familiar with those procedures and their roles in the event of a crisis. A communications plan is designed to be used in conjunction with an emergency/business continuity/crisis management plan.

Your task is to design a crisis communications plan for any organisation of your choosing. Your plan should contain the following elements

Aim and Objectives

Policy statement on crisis communications for your chosen organisation

Details of the Crisis Communications team

Stakeholder analysis and prioritisation

Emergency contact list

Media contact list

Staff notification procedures

Stakeholder notification procedures

Key messages and sample press releases

News conference protocols

Interview protocols

Methods of Communication updates

Record keeping protocols

Crisis communications review and evaluation procedures

It is expected that:

Students will read widely around the subject area in preparation for the essay

The essay will be properly structured and demonstrate good use of English

The essay will be properly referenced using the Harvard Method.

Word Limit: 3000 words

Percentage weighting: 60%

Date of Final Submission: 07/05/09 (one hard copy and one electronic submission)

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Court Case Trial Observation and Report

Court Case Trial Observation and Report

Name:

Instructor:

Course:

Date:

Court Case Trial Observation and Report

Any employment defines a relationship that is the code of conduct between the employer and their employees, which is brought up by an employment contract. It is the contract, which puts obligations and reciprocal rights forth between the employer and the employee. However, in this relationship, the employees get access to all the benefits as well as the rights that come along with such an employment. This court hearing presents a case in relation to the Employment Relationships as well as the significance of having an employment contract.

Flagstaff, AZ Civil Court

Mr. John, the appellant

Parmenas Charley, the appellee

Litigants

Plaintiff – Appellant: Parmenas Charley

Defendant – Appellees: Mr. John, owner of Southern Private School

Background

Parmenas Charley, who is a former teacher at the above named school, filed a lawsuit giving claims regarding a breach of contract, declaratory relief as well as injunctive relief, when the Mr. John, the owner of Southern Private School denied him an extra day’s pay. The owner of the private school, Mr. John, filed a counterclaim. Both parties filed opposing motions to get appealed the decision.

Facts

Charley had been an employee of the privately owned school following a written contract under one year probation. In the contract, Charley would be employed on basis of 10 months, which could be considerable for the year 2002-03. In it, Mr. John required Charley to work for 187days, including the dates and hours as were set by the him or any preceding amendments to the settings. A teacher salary scheme was adopted based on the 187 days of work along with a schedule that Charley should work for 187 days, the year 2002-03. However, out of the 187 days, Charley was required to attend a graduation ceremony. He therefore filed a complaint to the commissioner of education get an extra day’s pay following Mr. John’s decision. The school’s owner pled to the authority following Charley’s file of a lawsuit on the subject matter. However, the commissioner of education granted Charley a summary judgment but the Mr. John filed an appeal challenging the decision.

After investigating facts from both sides, the commissioner of education pointed out that Charley’s contract required him 187 days of work and not that, he works Mr. John violated no contract, if anything, the commissioner did not have jurisdiction over Charley’s quantum meruit claim and hence it was dismissed.

Therefore, Charley went ahead to institute a double suit. To begin with, he filed a case in claim that his employer had breached their contract, declaratory relief, quantum merit as well as injunctive relief. He as well, filed a claim at AZ Civil Court, following the commissioner’s decision.

Although Mr. John filed a plea, Charley as well filed a parallel suit seeking a summary judgment. The commissioner had halted the case to await any conclusion from the civil court in Arizona.

Flagstaff, AZ Civil Court: There was a thorough grill of the appellant as well as the appellee to reach a satisfactory decision. The cross-examination and the examination of both parties was a sure way to ensure this. The defense counsel pushed a motion to have a trial dismissal order and the judges and the attorneys discussed the issue in depth. After much deliberation, the court offered judgment in Charley’s favor. It therefore offered him:

Damages for the contract’s breach claim

Declaratory relief following the abuse of a signed contract

Injunctive relief that prohibited the district from any future illegal conduct

Following Charley’s claims, the court consequently awarded him attorney’s fee and costs.

Decision

The commissioner of education did not have the authority over the claim by Charley towards his employer’s breach of contract. He had thus been advised to seek hearing from Flagstaff, AZ Civil COURT that had the required power over his claim. Section 7.057 (d) of the constitution requires that any individual who is distressed by any agent act or requires the decision of the commissioner is supposed to file a plea to the court at Arizona. Therefore, Charley’s claim was dismissed basing decision on the above. In addition, the commissioner concluded that the one viable assertion by Charley is the one on quantum meruit. The office as well had no jurisdiction to give Charley attorney’s fee since it had referred him to AZ Civil Court on basis of no jurisdiction.

Dicta

Charley contended that since he besought a quantum meruit claim for what he had rightfully earned, it is affirmed from such foregoing that the ruling by the court was based on the facts relating to such claim. Despite this, the trial court rejected the claim on quantum meruit but instead granted Charley relief on the claim about breach of contract. It is on the breach that claims were awarded.

Following the proceedings, it is notable to highlight that, the trial ruling by the court are reversed. The breach of contract claim by Charley as well as the declaratory claims is therefore dismissed. As a result, the trial court gives instructions to abate its proceedings following Charley’s injunction and the quantum meruit claims.

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Court hearings

Court hearings

Author

Tutor

Course

Date

Introduction

Court hearings refer to gatherings within courtrooms called for the sole purpose of carrying out certain legal procedures. There are varied legal hearing types, some dealing with civil issues while others deal with criminal issues. As much as the focus and structure of court hearings may vary from one location to another, it is noteworthy that there remains some essential elements that would be applicable in almost every court thereby governing court meetings’ flow.

In most of the court hearings that I attended, preliminary court hearings referred to as arraignment were incorporated. More often than not, this court hearing’s structure allows the legal counsel to give information to the judge pertaining to the charge that has been leveled against the defendant. From this information, the judge would determine whether there evidence is sufficient to warrant holding the defendant for a full trial. In addition, it is often the case that some courts of jurisdiction will allow the defendant to either plead guilty or not guilty during the preliminary hearings. If the judge deems it fit, he or she may set a certain amount of bail for the defendant.

All the court hearings are guided by certain requirements and procedures on how the trial is to be conducted. During the trial, the prosecution counsel presents the available evidence to the judge in an effort to prove the guiltiness of the defendant. In addition, he or she presents testimonies of witnesses so as to complement the evidence provided. In the course of the trial, the defendant’s legal counsel is offered the opportunity to prove the defendant’s innocence. It is fundamentally expected that once both the defending and the prosecution counsel have presented their case, the issue at hand can be resolved, and an appropriate decision rendered. Once the trial has taken place, a court hearing referred to as a sentencing would be held.

In all the court hearings, one common denominator was the establishment of location, data and time where the hearing would be taking place. Subject to the issues pertaining to the case, the court hearing may be set quickly or scheduled for a later date so as to give both the defending and prosecuting counsel time to organize, as well as gather facts that would be crucial for presentation during the trial. It is noteworthy that the regulations guiding the court hearings differ depending on whether the court is handling criminal cases or civil cases. In fact, the only universal or common element in all court hearings is the way a decision is reached as to the date, time and place in which the court hearing will transpire.

One thing that was notable in the court hearings that I attended is the meticulous nature of the arguments. In criminal cases, it is noteworthy that the defense counsel did not aim at explaining why the defendants had carried out the acts but rather proving that the defendants were not in the place where the criminal acts took place. As much as the defense counsel had to be proactive by having some evidence that would exonerate his or her client, it is noteworthy that their position of was reactive. This is especially having in mind that they aimed at poking holes at the evidence presented by the prosecution or rather looking for loopholes. As much as the defendants are supposedly held as innocent until such a time when their guilt has been proven, the prosecution counsel always seemed to have had a notion that they were guilty already.

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The Bullwhip Effect in Supply Chains

The Bullwhip Effect in Supply Chains

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The Bullwhip Effect

I find the article The Bullwhip Effect in Supply Chains interesting, realistic and educative. The writers explain the causes and solutions of the bullwhip effect in reference to companies like P&G indicating that the effect is real. The bullwhip effect is a default in the supply chain characterized by a counter effect of supply variability along the supply chain. It indicates that supply variability magnifies up the supply chain. This phenomenon can be linked to the reliance of manufacturers on supply data from re-sellers (Lee, Padmanabhan and Whang 94). In past years, manufacturers fell short of sale information at the distribution channel stage forcing them to rely on not so accurate information. It is interesting to learn that despite steady consumption rates, the demand order variability in the supply chain is amplified. It is also unexpected that the variability diversifies upper the supply chain. Based on research, I cannot deny that retail stores have fluctuations but not as exaggerated as they are higher the supply chain.

It is wretched to know that for years, manufacturers have relied on erroneous information to plan forecasts, capacity and scheduling productions. It is not until the bullwhip effect has revealed threatening consequences like increased correction costs, extreme capacity, poor forecast and poor consumer relations due to product unavailability, that the phenomena has been reacted upon with the seriousness it deserves(Lee, Padmanabhan and Whang 96 ). It is also fascinating to note that some causes of the bullwhip effect in the supply chain are a default of members the chain (Lee, Padmanabhan and Whang 95). A perfect example where the manufacturers kick start the effect is in demand forecast updating. Manufacturers have grown to believe the appropriate action to take every instance new information from the supply chain emerges, is to pass the fluctuation to orders (Lee, Padmanabhan and Whang 98). The decision is made without consideration of the period the information will affect the supply chain. This has resulted to order fluctuations being more than the prevailing demand data and consumer needs. Moreover, interesting to realize that periodic product excessive promotion is not the best thing

I agree with the writers’ argument and point of view. I approve that demand swings are highest at the top of the supply chain (Lee, Padmanabhan and Whang 93). The bullwhip effect cannot be ignored because it brings forth negative consequences to distributors. I concur that solutions to this issue must be addresses and to enable this, all interested parties must understand the causes of the bullwhip effects. It is true that the causes are a result of irrational decision making. It is also normality for companies to conduct periodic promotions in a bid to increase sales (Lee, Padmanabhan and Whang 96). Techniques like discounts and coupons result to price fluctuation. Consumers take advantage of periodic promotions and buy in bulk .Under such circumstance, supplier’s misread signals from the consumer buying patterns which reflect neither immediate need nor actual consumption rates. When the promotion period closes, the consumers stop buying until their stock finishes. The buying variations become more than the consumption variations leading to the bullwhip effect (Lee, Padmanabhan and Whang 95).

The writers’ argues that when demand exceeds supply, companies commence rationing. It is true to say that distributers will assume that the rationing will last for long therefore they exaggerate their orders. Some will even opt to multi-order so they are assured of sufficient supply. When they acquire the needed stock, they drop or cancel the other orders leading to the bullwhip effect. There is also a possibility that the effect is a result of accumulation of demand by distributors prior to making orders. This is usually done to reduce costs of transportation and when there are no enough consumers to warrant supply (Lee, Padmanabhan and Whang 99). As demand changes, variations in the supply chain intensify. I agree that amicable solutions to the bullwhip effect include conveying downstream demand upwards in time. Others are harmonizing forecast, pricing and transportation as well as inventory planning and regularly ordering demands (Lee, Padmanabhan and Whang 99). There is also need to improve performance by reducing expenses, being timely and up to date and reducing discounts.

Work cited

Lee, Hau L; Padmanabhan, V; Whang, Seungjin. The Bullwhip Effect in Supply Chains. Sloan Management Review; Spring 1997; 38, 3; ProQuest pg. 93

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