BRIEF CASE Coursework Example | Topics and Well Written Essays - 750 words

BRIEF CASE - Coursework Example Teresa D. Oglesbee is the bereaved and Pfeil is a private funeral home. Oglesbee attended a private viewing at Pfeil in the evening of September 12, 2010. Oglesbee used the front door to exit the building after the viewing. Pfeil official escorted her carrying an umbrella since it was raining. Oglesbee moved ahead of the Pfeil official and fell in an eight-inch drop at the public sidewalk, causing her to suffer injury. The drop was not marked and the official did not warn her about the eight-inch drop. Oglesbee sued Pfeil in tort for negligence arguing that her fall resulted from Pfeil’s neglect and failure. Pfeil discovered this and moved for summary judgment. Pfeil argued that the company had no duty to warn Oglesbee because the drop consisted of an open and obvious danger, which she could have easily observed without necessarily being warned against it. Oglesbee filed a case against Pfeil upon suffering an injury caused by falling into an eight-inch drop at Pfeil’s premises. The offended party usually moves to court to sue the offender for remedies. In this case, Oglesbee is the offended party, and also the plaintiff. Her interest was to sue Pfeil for damages caused by negligence and failure of duty of care to its invitees. Pfeil sought summary judgment after discovering Oglesbee move to court. Pfeil won the case against Oglesbee based on the fact that the drop at Pfeil’s sidewalk was an open and obvious danger; therefore, the company was not responsible for Oglesbee’s injury. Oglesbee decided to appeal to the higher court. The case was forwarded to the court of appeal. The plaintiff/appellant feels that the agent of the defendant/appellee had a duty of care in tort to ensure safety of invitees through providing and keeping posted adequate warnings at the scene under the conditions that prevailed at the time of her injury. These conditions are hazardous and dangerous to people leaving the premises especially when there is no light, sign or

3.3 Financial Analysis Assignment Example | Topics and Well Written Essays - 1000 words

3.3 Financial Analysis - Assignment Example ould likely result in liabilities hence previous trends and records of the organization can be used to assess the profitability of an organization as an investment opportunity (Ou & Penman 2009, pp.295–329). To understand the significance of the financial well-being of an organization, this paper will conduct a financial analysis of Chateau hotel redoubtable as an investment opportunity for the Smithsons. The core objective of investing in a business is to get a return for the price invested. Inferring to the statement of the financial position of the hotel basing on the analysis of two years (year ended December 30 2013 and 2014), the hotel made an improvement in the value of the total assets from â‚ ¬3,263, 000 to â‚ ¬3,881, 000. Additionally, the company made an improvement in the equity shares from 800 shares to 1000 shares with each of the share selling at â‚ ¬100. However, the company has an outstanding long-term loans and current liabilities with inclusion of the bank overdraft, payable dividend, taxation owing deposit by customers and payable-trade creditors cumulatively summing to â‚ ¬3,263, 000 for the financial year ended 2013 and â‚ ¬3,881, 000 for the financial year ended 2014. This implies that a liquidation of the assets of the company would be sufficient to settle the liabilities of the company without outstanding profit. However, inferring to the income statement of the company, it is evident that the rental income of the hotel had declined from â‚ ¬505, 000 in the year 2013 to â‚ ¬448, 000 in the year ended 2014. Analysis of the financial figures of the hotel indicates that the hotel is currently running at diminishing returns, which makes the chances for solvency and the resale of the company to be difficult. Equally, owing to the declining financial position of Chateau hotel redoubtable, the hotel is not profitable thus; investment in the hotel would demand a change in the strategy in the manner with which it is operated to realize profit.

Novating design team to a contractor

Novating design team to a contractor Synopsis Clients within the Construction Industry prefer to use the JCT Design Build Contract rather than other traditional procurements methods. Novation is a process that allows Clients to oversee the early stages of design development of a project and then transfer the responsibility for the design to a Contractor after the contract has been awarded. By transferring the responsibility to the Contractor through novation the Client takes minimum risk contractually while retaining an influence on project design from the initial stages. This process transfers maximum risk to the Contractor as he becomes responsible for all future design of a project and all past design completed up to the point of a contract being awarded, this includes any design errors. Both Contractors and Designers must work together closely on any design and build project, but particularly when novation has taken place. For a project to be profitable and be completed on time it is essential that there is a good working relationship between Contractor and Designer. Research to establish if the process of novation has an adverse affect on the working relationship between Contractor and Designer was conducted. The aims were to identify factors that may affect the working relationship of the two parties and to understand the opinions of both Contractors and Designers about what affect novation has on their working relationship. The objectives of the research were to highlight specific problems within the process of novation and recommend improvements to industry. To achieve this research in the form of a literature review, questionnaires and an interview with Contractors and a Designer was performed. The report recommendations are aimed at Clients to hold more pre-contract meetings with Contractors not just Designers, and understand the criteria a Contractor follows when appointing a Designer to ensure compatibility between parties when in Design and Build contract together. Acknowledgements I would like to express gratitude to the following people and organisations for their time, knowledge and support in assisting the in the successful completion of this research project: My final year Supervisor Dr Ron Craig of the Civil and Building Engineering Dept of Loughborough University, for constructive criticism and guidance throughout the process of developing the dissertation. HBG UK Ltd for using a lot of Commercial Managers, Design Co-ordinators, Legal Correspondents and Personnels time in completing the literature review and aiding in the data collection. The Commercial Manager of the second Contracting Company questioned The Architect questioned for his experience and opinions of the process of novation. Mr Andrew Moss for proof reading the final draft of this report and suggesting possible alterations. Chapter 1 Introduction 1.1 Introduction to Subject The Design and Build form of J.C.T contract (please see chapter 4.0) has become more popular with construction Clients that employ Contractors to construct new buildings and/or renovate existing structures. The Authors research has shown that the percentage of contracts tendered for under a Design and Build form of J.C.T has increased over the last five years. In conjunction with this the traditional form of JCT contract has decreased in popularity with Clients. In many cases the designs which make up part of the contract between the Client and Contractor, under JCT Design and Build, are completed by a Design Team on behalf of the Client before the contract between the Client and Contractor is made. To ensure that the Contractor who successfully tenders for a project retains the Design Consultant that the Client employed prior to the contract being made it is sometimes necessary for a Client to novate (please see chapter 5) the design team across to the Contractor. The purpose of this report is to investigate into the problems, if any, with the process of novating a design team to a Contractor from the Client and suggest solutions. This report will also detail the affects on the working relationship between the Contractor and the Designer, and how novation either aids or hinders the working relationship 1.1.1 Aims of Chapter One To introduce the Dissertation subject area. The reasons behind the investigation of this Dissertation. To outline the work carried out and a description of the contents of the Dissertation. Detail a well constructed hypothesis that the investigation will either prove or disprove. To outline a guide to the report, and introduce each individual chapter. To detail the aims of the report and the objective that must be achieved to meet the aims. 1.2 Rationale behind I nvestigation The interest into the investigation of Are there always problems with novating a design team to a contractor? came about after the Authors industrial placement. While working on site for a Contractor on a J.C.T. Design and Build contract where the design team was novated it became apparent to the Author that there were many differences of opinions between the Designers and the Contracting Company. The main items of debate and disagreement between the Contractor and the Design Team were the Clients requirements. In the Authors experience there was a large difference of opinion of how design changes and/or variations should be treated between the Design Team and the Contractor. Whilst profit-driven Contractor seemed to always look for the cheapest and most cost effective way of bridging any design problem; where as the Design Team gave the impression that they were more concerned about the aesthetics of the design and the Clients design opinions rather than the buildability and cost. Many design variations that were requested by the Client, or those forced upon the Contractor were not always as the Contractor had specified to the Design Team. The Contractor felt that his time was wasted by the Consultant not designing elements as originally specified. The working relationship between the Contractor and the Designer seemed to deteriorate from the project start date, until beyond the design completion stage. After the Author had asked other members within the Contracting Company about the novation of a Designer to the Contractor it became apparent that the relationship between Contractor and Designer was similarly affected on other projects. The Author had discussions with the Client of the project he was placed on. The Client stated that more building work was being undertaken using the J.C.T. Design and Build form of contract as this reduces the risk to the client and/or the person funding the project. The Author found that under Design and Build more risk was placed on the Contractor, and that management techniques had to change to appropriately manage higher risk projects. He also realised that as more contracts were being made under the Design and Build form of contract with the Designers being novated to work for the contractor a greater knowledge of the subject area would be beneficial to the Author in the management of Design and Build contracts. 1.2.1 Originality of Thought The Author had discussions with his Supervisor before commencing the research about the subject matter. A hypothesis was agreed upon that gave the Author scope to research areas of the process of novation in design and build contracting that have not previously been discussed in an undergraduates research project for the Supervisor. The process of novation being used in the design and build contract has recently become popular with Clients. The aim of the research is to establish if Contractors and Designers have not yet fully adapted to the change and improvements in the working relationship between the parties must be made to ensure that they remain competitive and profitable. 1.3 Subject Definition Novation is a process in which [1]a contract between party A and party C is turned into a new contract between party B and party C. This process can only be achieved if all three parties agree that novation can take place. A Deed of Novation[2] is commonly used to terminate a contract between parties A and B, and then create a new contract between parties A and C. There are standard legal documents, blank deeds of novation, which are available as downloads from the internet, for example at (www.citysolicitors.org.uk/legal_activities as of 28/03/06). A deed of novation has been used for many years before it became popular with Clients in the construction design and build context. It is used in the sale of manufacturing companies, where components made are used by other larger companies. For example, the purchase of a windscreen wiper company by a new owner whilst retaining the commitment to an existing customer car manufacturer. Novation has many other wider applications other than construction; Porsche in their latest brochure[3] offer a novated lease for their new motor cars. In this case an Employee of a company (the lessee) signs a lease agreement with Porsche (the lessor). A Deed of Novation, then supplied by Porsche, is signed by Porsche, the Employee and the Employer. This then transfers the responsibility for the payment to the Employer. Novation is used in a construction context where the relationship between two parties has developed over time and the introduction of a third or new party is necessary. There then needs to be provision to contractually protect the existing parties in the relationship. 1.4 Report Intention The intention of this report is to investigate how the working relationship between the Contractor and the Designer novated to the Contractor from the Client could be improved to their mutual benefit, and to the benefit of the Client. However, the report may show that there is no improvement to be made, and that the process of novation as it presently stands is adequate. 1.4.1 Aims To identify clearly factors that may affect the relationship between the Contractor and the Designer under novation To discover any adverse characteristics that may cause a poor working relationship between the Contractor and the Designer To clearly understand the opinions of Designers and Contractors that has been involved with novation To understand the attitudes of Designers and Contractors towards novation To clearly understand the definition of novation and the context in which it is used within the construction industry To identify any differences in attitudes between Contracting Companies towards novation under a J.C.T. Design and Build contract To understand why Clients now prefer to use the Design and Build form of contract rather than the Traditional contracts they favoured to use To identify why Clients within construction novate the Design Team across to the Contractor 1.4.2 Objectives To highlight specific problems within the process of novation that requires improving To investigate how the process of novation may differ between contracts and/or with varying Clients To identify differences between the Contractors and Designers opinion of novation under the J.C.T. Design and Build Contract To highlight areas within construction where it is necessary to use novation in Design and Build contracts To advise the Contracting Companies of the most economic way of managing a Design Team that has been novated by a Client To identify if a Contractor and Designer have a better working relationship, i.e. have a greater understanding of each others objectives and needs, under a traditional contract rather than novation under a Design and Build Contract 1.4.3 Hypothesis The working relationship between Contractor and Designer is adversely affected by Novation. 1.5 Overview of Research Methodology The methodology of the research for this project will take the form of the following; please see the methodology in chapter three for a detailed discussion on the report methods used: A review of past and current literature concerning the background of novation within the construction industry. A review of specific literature concerning the working relationship of a Contractor and Designer. Discuss the definition of novation within construction, and where it is most commonly used in the industry. Design a questionnaire to send out to a selected Contractor and a Designer. Design an interview format and questions for a specific Contracting Company to answer on the subject of novation. Design an interview format and questions following the results of the previous interview to issue a separate questionnaire to a different Contracting Company to analyse company differences. Analyse results gathered in the interview to form a conclusion about the effect of novation in construction. Make suggestions or recommendations to the industry and Clients within the construction industry. 1.6 Overview of Main Conclusions The Authors completed research shows that there are ten factors that could adversely affect the working relationship between a Contractor and a Designer under a novation agreement. The Author found through analysing an interview and questionnaires completed by two Contractors and an Architect that the reasons for novation having an adverse influence on the working relationship of a Contractor and Designer were that: The time allowed for Contractor to Tender is not increased The loyalty of Designer to Client remains evident after novation to the Contractor There is usually a large distance between the Designers head office and the project Insufficient design fees are allocated at the tender stage There is an increased risk of error in design There could have been a previously poor working relationship between the parties The Designer may be inappropriate for the project The performance of the Designer is not consistent throughout the process of completing the design Novation is usually late or rushed from the Client There is an increased probability of conflict between the two parties The Author found that many of these factors were specific problems which could be attributed to the process of novation under a design and build project. Therefore, the results support the hypothesis of the research. However, additional research is required if the hypothesis is to be proven to be correct. 1.7 Guide to the Report Chapter One: Introduction This section introduces the study and outlines the hypothesis, aim and objectives of the research. It indicates the origin of the Authors interest in the subject, why the hypothesis was chosen, and describes the methodology that was followed. Chapter Two: Literature Review This section examines the literature research conducted by the Author. It is an investigation into the definition of novation, and describes where it is used within the construction industry. This section details the current view of the contractor in a novation agreement. Chapter Three: Methodology This section of the report describes the methodology which was used to conduct this research. It shows how the information was collected. It also includes the topics covered within the interview and the design of questionnaires that were employed. Chapter Four: Design and Build Contracts This section describes the forms of J.C.T. contract used and highlights the advantages and disadvantages to the Design and Build form of JCT contract. It provides an introduction into Design and Build and details the differences between the Employers Requirements and Contractors Proposals that are a key feature of the Design and Build contract. Chapter Five: Novation This section of the report describes in detail the uses of novation within a construction context. It gives a definition to the process of novation as used in a Design and Build situation. This chapter details the conflict of interest the Contractor and the Designers tend to experience due to novation. It illustrates the problems that may arise in the design, payment of design fees and the varying levels of the Consultants performance. Chapter Six:Analysis This section of the report is the analysis of the questionnaires sent to Clients within the building industry and their Project Managers and the Designers. It analyses the interviews conducted with the contractors and additional information gathered. Chapter Seven: Conclusion This section of the report presents the Authors conclusions based upon the findings within the analysis chapter of the report. It suggests solutions to the aims and objectives set out in the introduction, criticises the hypothesis around the report was based and highlights the possibility for further research. Chapter 2 Literature Review 2.1 Introduction The literature review is a comprehensive analysis of all relevant articles, books and publications to this research project. Derek Swetnam[4] describes the literature review as a report; That is central to the dissertation and in all styles of work it has a number of functions: It shows that you have read widely around your chosen topic It demonstrates your critical understanding of the theory It acknowledges that work of others It informs and modifies your own research The Literature review in this chapter is broken down into eight sub-headings. The chapter talks about the description of novation, then goes on to describe where novation is used today both in and outside the construction industry. The literature review describes the process of a Designer being novated to a Contractor. The final section of this chapter discusses and analyses in what way the literature which is reviewed is relevant to the Authors research project. 2.1.1 General Aims To break down the causes of the problem highlighted in the hypothesis into logical stages. To collect and analyse previous research and literature to further investigate the subject area of this project. To research any previously made recommendations. Make recommendations which have been concluded from a detailed literature review. 2.2 Aim of This Literature Review What is the description of Novation and in what context was it used before in construction? Where is Novation used today outside of construction and what is its main purpose? What other uses are there of Novation within construction other than a Designer being novated to a Contractor? When did Novation of a Designer to Contractor become popular with Clients in the construction industry? Have there been problems with the novation of a Design team to a Contractor in the past? When is Novation practical in construction contracts? What are the risks to the Contractor in the novation process? 2.3 Contents of Literature Review 2.3.1 Description of Novation David Janssens[5] stated that: Occasionally, an Employer may stipulate that the successful Contractor is to engage one or more of the Employers consultants to complete the design and detailing of the project in the post-contract stage. Such consultants are employed by Contractors under novation agreements, i.e. a novation agreement is a new agreement in substitution of a previous agreement between the Consultant and the Employer. Novation exists when an agreement or contract between two parties is going to be broken and a third party enters to take the place the agreed or contract role of the party which is leaving the agreement or contract. Novation can also exist when a third party enters into an agreement or contract without any other party leaving. Jeremy Hackett[6] stated that: Novation is a legal concept, formally providing for the re-employment of a Consultant by the Contractor, as part of the contract agreement between the Employer and Contractor. Should the Contractor merely choose to re-employ the same individuals who have previously sat the other side of the interview table from himself that would not be novation, but its effect would be very similar. 2.3.2 Uses for Novation. Novation is not only used within the construction industry, the use of novation in law is much more commonly used in the buying and selling of manufacturing companies. In this context a novation agreement maybe drawn up by lawyers of a manufacturing company which intends to sell to buyer whilst still retaining the same business clientele. In this instance a customer of the business being sold would be novated across to the new buyer of the business, this ensures that the customer can always source what ever item the new buyer manufactures. Ann Arbor[7] Stated that: A hospital in Texas is taking electronic commerce beyond purchase orders and usage reports to adoption of digital contract management. The sooner hospitals are able to sign up to participate in new contracts, the sooner they are able to access contract pricing. Using the enhanced form management program, materials managers can submit forms online where suppliers can approve them, also online. In this example a hospital in Texas is using the agreement of novation over the internet to sign up for new contracts much faster than it was able to previously. This has benefited materials managers the most as they are able to source cheaper or higher quality materials from differing suppliers and simply transfer the agreement they have with one supplier to another using novation. 2.3.3 Alternative uses of Novation within construction. The section above discusses how different forms of novation are implemented in areas other than the construction industry. However, within the realms of construction there are many more uses for the novation agreement to be used. The use of novation within construction has only been commonly used during the past decade or so, the main reason for this is the introduction of the JCT Design and Build Contract which made the novation of Designer to the Contractor much easier for the Client. Before the introduction of Design and Build Contract novation was present in the same format it exists today in other industries as mentioned above. If during the construction process a Client was unable to fund any further necessary works and there was a willing buyer to stand in for the Client, it may be in the interest of the entering party to continue to use the existing Contractor. The easiest and least time consuming way to do this would be using the Novation agreement. The second way in which novation occurred in a construction context before the introduction of the Design and Build Contract was if the Contractor was suffering from financial issues or the relationship between himself and the Client has been irreparably affected in someway. If a situation like this occurred it was beneficial for the Client to take on board a new Contractor through a novation agreement. This removed the necessity for the remaining works to be re-tendered, and the likelihood that the Client would have to pay an excess for the works to be completed. 2.3.4 When did novation become popular with Clients Jim Smith[8] stated that: The choice of a procurement method is probably the single most important decision the client makes, other than the decision to build. The various procurement methods can be described, as defined by Masterman (2002), under these three distinct categories: Separated and co-operative. Integrated. Management orientated. In the last few years and particularly within the past decade the procurement methods for contractors have been moving away from the more traditional contracts as described above. The change to a procurement method which uses the second and third categories above has largely been Client-driven; the main reason for this is that the Contractor has to accept a high level of risk if he is to tender successfully for a project. As more design development has been shifted across to the Contractor it is becoming easier and more cost effective for the Client to shift higher levels of risk to the Contractors. The Design and Build contract and all its variations have expanded considerably to accommodate a Clients needs in recent times. The Royal Institution of Chartered Surveyors (RICS) [9] in 2000 stated that: Design and build and its variations have expanded considerably in the last decade. It has increased dramatically in the 1990s going from a 10 percent share during the 1980s up to a 35 percent share of the construction procurement market, with management contracting declining to a 10 percent share. Chan stated[10] that: 21% of private Clients in the UK use the Design and Build system, of which 42% commonly use Design-Novate and Construct for their projects. Design-Novate and Construct has also been widely adopted in Australia and Hong Kong. David Jaggar[11] Stated that: The major advantages of design and build are that all the risks, both financial and period for completion, are transferred to the design and build contractor, with the client only dealing with one organisation, so eliminating the complexities and frustrations of dealing with a range of separate organisations. The approach also overcomes the problem of the separation of design and construction, so saving overall time and allowing the design to reflect improved buildability in the construction solution. The argument against this is that a Contractor may be taking a higher percentage of higher risk projects. However, as a Client is off loading a lot more risk than what was traditionally not possible in the past they are able to fund much more projects and engage a lot more designers. The result of this is that the Contractor has more work to tender for and a much higher chance of winning projects as more tenders will be processed. 2.3.5 Issues arising from using Novation in construction. Jim Smith[12] stated that: There is considerable debate as to the merits and demerits of the approach and it is fair to say that many design professionals were unhappy about the approach, not least because there was a reduction in their own influence and independence. However, a valid view put forward, which undoubtedly design and build suffered from in the 1980s, was that the quality of the final building was often inferior and the role of design was devalued, as the design and build contractors shaped the design to suit their particular methods of construction. More recent views from clients noted above indicate that they were satisfied with the quality of their completed design build projects. The Design Manager of a Contracting Company plays a critical role in the development of design to determine a contract value for a project. The role involves being able to balance cost and quality and time constraints within a framework. This is an essential skill for all Design Managers or Project Co-ordinators. The Design Manager will work closely with the Commercial Manager at the tender stage of a Design and Build contract when novation of the Design team is being used by the Client. It is crucial that both managers work together to reduce the amount of design and financial risk the contractor will have to carry through the contract period if the tender submission is to be successful. Allinson[13] states that: The developments in the construction industry, the continuing specialisation of professions and the rising application of alternative procurement methods have all contributed to the gap between design and management, but they have also emphasised the need for a design professional with management and technological skills. The management of the process should ensure a successful and deliverable project When Design and Build contracts first became widely used by Clients in the 1990s Contractors tended to manage the building works in the same way they managed traditional contracts. Here a Project Manager was responsible for the development of the construction and concluding the outstanding design issues as well as resolving any building sites day-to-day issues. Project Managers were supported by a number of other managers such as Services Engineers, Site Management and Quantity Surveyors. Jim Smith[14] states that: However, a single reporting source on all aspects of design and cost has not always benefited the client, contractor or the project. Projects have been organised in a very flat structure with numerous lines of responsibility reporting directly to the project manager. The larger projects would have over half a dozen separate factions directly beneath the project manager, including the above stated managers, structure coordinators, documentation managers, tendering coordinators, contract administration, project administration and occupation health safety and rehabilitation (OHSR). In practice, this structure has proved to be an inefficient and ineffective form of management on many projects.

the good and bad of telecommuting :: essays research papers

The good and bad of telecommuting   Ã‚  Ã‚  Ã‚  Ã‚  Telecommuting may be the movement of the future, which will allow more people to work away from the office. Many people see telecommuting as a way to be close to home or allow them to be connected to their organization while working abroad. While telecommuting might work for some people, telecommuting is not for everyone. There are many disadvantages; as well advantages to telecommuting which most people do not take into account. When considering telecommuting, the advantages fall for both employer and employee. The same can be said about the disadvantages of telecommuting. Advantages of Telecommuting One of the main driving factors for any company is economics and how will telecommuting allow the corporation to be profitable. The primary saving for companies embarking upon the telecommuting concept is the reduction in the amount of office space required to conduct business. Telecommuting benefits the employer because they have an expanded pool of employees. The skills of employees with commuting difficulties, childcare conflict, disabilities, geographical barriers are made available to a telecommuting employer. Companies are now starting to expanding oversees where the labor price is cheaper for telecommuting. This however can be looked at as both an advantage to the employer, and as a disadvantage to the employee. The advantage of telecommuting for some employees can be invaluable. One huge advantage an employee has when telecommuting is flexibility. Telecommuting allows for increased flexibility to coordinate work schedules with personal and family priorities. Flexible working arrangements improve quality and work done (Dudman, 2001). Achieving a balance between work and personal duties can help individuals gain more control over their lives. Often overlooked is the impact telecommuting has on the environment. One great advantage for the environment is the conservation of energy. With a great deal of energy is required to produce a vast amount of transportation vehicles such as automobiles, buses and subways. The fuel required to operate these vehicles would be reduced. An employee also is also a great consumer of energy, once at an office, the office building has heating, cooling, and lighting needs. When magnified, the energy use can be great. Whereas working from home requires only a minimal amount of energy use for heating, cooling, and lighting needs. For every advantage, most of the time there are disadvantages associated with it. Disadvantages of Telecommuting One huge disadvantage that employers face with the use of telecommuting is losing direct control over the employees.

Living in Fear of Ourselves

Since the beginning of time fear has made men do things he is not proud of. This is no different in the book Lord of the Flies. The children on the island, particularly Jack's tribe, have made many poor choices out of fear. This is similar to how fear affects the outcome of certain choices that are made in society today. In Lord of the Flies it clearly shows how fear led to the death of Simon, the death of Piggy, and how fear can lead to savagery and chaos whether on a deserted island or in every day life. For example, fear on the island was what caused the death of Simon. The boys on the island were full of fear of â€Å"The Beast† (Golding 153), which they thought was a parachutist, but is nothing more than their imagination. Due to their fear, they mistook Simon for the beast and ended up throwing their spears at him in the dark, causing his death. Simon showed courage when he went to look for the beast. The boys were getting wild and rowdy doing their rain dance to get rid of the rain because they were afraid of the thunder and lightning. Instead of exploring the island and finding out what they were afraid of , Ralph and Jack were busy trying to decide who would be the leader of the island. Fear of the beast got the boys scared that he beast was going to come down and kill them, Simon thought other wise. On the island fear of each other caused another death. Fear caused division amongst the boys which led to another death on the island. Ralph, Piggy, and Sam and Eric were going to get Piggy's specs back. Piggy expressed his concern Rivera 2 about going because he was afraid of Jack. He had reason to be afraid of Jack because he was bigger, stronger and had intimidated him in the past, for instance, he would often tell Piggy to â€Å"Shut Up! (Golding 37). Jack was afraid that Ralph would be the leader instead of him. When Ralph and his crew showed up at Castle Rock they noticed that Jack's tribe had their faces painted black like savages. Jack ordered Roger to get the boulder trap to get rid of Ralph and his crew. Piggy and Ralph put their fear aside and went up to tell Jack that the glasses were Piggy's. Meanwhile, Roger, out of fear that Jack would hurt him if he did n't obey his orders, let the boulder trap go. The boulder hits Piggy and he falls off the cliff and dies. Jack covers up his fear by saying that he had planned it all along. As you can see, fear often leads people to make wrong choices, and unfortunately they are left with the consequences of their actions, or the lack of their actions depending on how they let fear manipulate them. The saying its better to be safe then sorry is a great way to sum up how people let fear control them. Being fearful is not always a bad thing, but when you let it completely take over how you react to every situation it becomes a bad thing. For example, if your friends are doing something you know is wrong but you're scared they wont like you if you don't do it, and you go ahead and do it any way, that is being a coward. People who run from the police because they are scared to go to jail, is a bad decision many people often make out of fear. People in the world often let other people's fear control them. When at an amusement park, deciding not to go on a ride because a friend is scared, would change the outcome of the trip from having a good time to being bored. Often in politics people all vote the same way because someone else is telling them to and they are fearful of what people will think of them if they vote against crowd. There are many things people fear, the unknown, finances, love, happiness, death, just to name a few. Knowing when to let go of some of the fear is the important part. Being confident in life Rivera 3 and sticking up for what one believes in helps people become confident and not afraid all the time. Learning the difference between being cautious and being afraid is what will people in society must learn to not live in fear of living. In Lord of the Flies there are two perfect examples of how fear controlled the minds of the kids which eventually led to the deaths of Simon and Piggy. Fear in the world can cause things to go wrong, because it makes people hate each other and be prejudice. A lot of bad decisions are made out of fear that hurt others. Learning to live without fear is something that people should try to learn to do. In Lord of the Flies, the island would have been a more secure place, if the kids would have been more secure with themselves, and that is the same for the world we live in today.

Blood type

An application of Science to Law, Science to Criminal Justice The analysis of physical, chemical and biological evidence Forensic Medicine deals with crimes involving a human body (Murder, rape, assault) Forensic science enables us to reconstruct the past sequence of events. Forensic science can link a suspect to a crime scene. Examples of forensic evidences are: Fibers (clothes, carpet) Hair Blood If newsprint Shoe print Paint Forensic evidence can distinguish been murder and suicide. Locator Exchange Principle by Proof.Edmond Locator â€Å"Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints or footprints, but his hair, the fibers from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more, bear mute witness against him. This is evidence that does not forget. It is not confused by the exciteme nt of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent.Only human failure to find it, study and understand it, can diminish its value. Every Contact leaves a Trace Case Study: Burglar severed a finger on razor wire while breaking into a builder's yard was caught by police when he went to hospital for treatment. Earliest forensics lab in US is in Austria, LISA in LAP. Singapore forensic lab is set up in 1960 by Proof Chaos Tweeze Change, now part of HAS. In a Forensic Science Lab, you can find: . Physical Science Licit a. Identification and comparison of evidence b. Chemical tests c. Spectroscopy d. Microscopy Drugs, glass, paint, explosives, soil†¦ E. 2.Biology Unit a. Hair b. Plants 3. DNA Lab DNA analysis a. 4. Firearms Unit a. Guns b. Bullets c. Cartridge cases . Firearm damage 5. Documents Unit a. Handwriting b. Printing Paper d. Ink 6. Photography Jinni a. Record of evidence b. Presentation Toxicology – drugs and poisons in body fluids and organs Latent Fingerprints – using chemical means to making them visible Polygraph – or lie detector Vectoring -? analysis of voices Psychiatric Profiling -? What can we tell about the criminal from the way they commit the crime Computer Forensics and Electronic Forensics -? What can be learnt from deleted data?How can other electronic trails be followed? Forensic Engineering – Examine the engine emerging aspects of a building or object Forensic Entomology – Using insects to provide information Forensic Geology – Soil Analysis on mineral content and chemistry. Soil in different countries have individualistic composition. This composition helps to narrow down to a region Of the world. Forensic Anthropology – Examination of skeletal remains Facial Reconstruction – If you have the skull, can you tell what the face looks like?Forensic Demonology – using teeth to provide information such as identification of victims remains or criminal Identification: physical objects Biological properties Chemical properties/constituents We collect as many evidence as we can on scene. These evidences have class characteristics that can put an object in a certain class or group like brand of shoe, type of fiber or type of bullet. Individualizing: Narrowing the class to one, Attaining more information from evidences from a crime scene.Physical objects: Manufacturer, serial number, fingerprints Chemicals: Trace elements and impurities Biological samples: Blood type and DNA analysis Then we do comparison and associate the evidence to the crime scene and the criminal. After which, reconstruction to understand the sequence of past events and Re-enactment Chapter 2: Spectroscopy and the Structure of Atoms Elements are the basic materials consisting of 93 natural basics and many more artificial ones. Elements can neither be created nor dest royed.Paper Cellulose consists of C, H, O CA Carbon Dioxide CA and Water H2O Human Body consists of C, H, O, N, P, S, Ca, An, K, Fee†¦ DDCD, H2O, N oxides, P oxides, S oxides, Ca oxides or hydroxides†¦ Teeth contains Au or Hag C] Au or Hag oxides Analysis: Which elements are present? E. G. Suspected lead or mercury poisoning but are these metals present in the body regardless of their chemical form? Toxicology. E. G. FUN analysis. How much of these elements were present in the Poltroon bones? Time of Death. What is it made of? How can we identify the elements present in an object?Bulk composition (what is it mostly made of? )e. G. Bullets are mostly lead. Trace impurities (what is a small part of it made or? ) e. G. Bullets have silver and antimony Chemical tests can be done to identify these elements and chemical tests have the following characteristics: Large amounts Of sample is needed Destructive Subjected to interference Fast process Easy to do Simple equipment White light consists of all colors. In the early 19th century, black bands observed in the solar spectrum. Different spectroscopic techniques use different frequencies of light.The different frequencies of light interact differently with the molecules. Structure of Atom: Tiny, dense, positively charged core called nucleus where nearly all mass is concentrated with electrons circulating at some distance. Founded by Ernest Rutherford. Nielsen Boor found that electrons are restricted to specific energy levels, therefore atoms don't destroy themselves due to electrostatic attraction. Electrons can jump to higher energy levels by absorbing energy. Electrons can release energy when they drop to a lower level. The frequency of the electromagnetic radiation emitted or absorbed is proportional to LEE DeBroglie equation: E = HP (Constant x frequency of electrons) Absorption Spectroscopy is when electron jump to higher energy levels, energy IS absorbed. A drop in graph for short interval of time. Em ission Spectroscopy is when electron drops to lower energy levels, energy is given out. A sharp spike in graph. Flame tests for metals: if a metal salt is introduced to a flame, a characteristic color is produced. Energy of the flame excites electrons in the atoms and light is emitted as the atoms drop back to ground state. Sodium: Orange Barium & Copper: Green Calcium & Lithium: Red Potassium: LilacAtomic Absorption Spectrometer (AS): Advantages: Fast Specific Sensitive Small sample size Disadvantages: Element by element Neutron Activation Analysis (*ANA) Non-destructive but needs a nuclear reactor Changes the nature of element Each emitted gamma ray is at dif. Energy level. Microscopy Scanning Electron Microscope – Energy Dispersive X-ray fluorescence (SEEM- DEG)* Non-destructive analysis looking at core electrons Use the electron beam of the microscope to eject core electrons Ejecting a core electron creates a vacancy. When a higher energy electron drops to fill vacancy, a characteristic X-ray is emittedCASE STUDY: Napoleon. Analysis of hair samples by Neutron Activation Analysis shows arsenic. Paint used for one of Napoleon's wallpaper is Chisel's Green which consists of copper arsenate. SEEM-DEG shows presence of arsenic. When copper arsenate reacts with mold, arsenic gas is produced. CASE STUDY: Kennedy Assassination 22nd Novo 1 963 Analysis of bullets fragments by Neutron Activation Analysis (ANA) shows the content of Antimony and Silver. You are What You Eat! Bones consists of calcium phosphate in a protein matrix. Calcium is derived from the diet.. Other metals may also be incorporated if they are present in diet.Relative abundance of trace elements in bone can indicate geographical origin: Strontium, copper and lead. Chapter 3: Time Of Death Alger Morris: After death, muscles relax, body is limp and starts to cool down. The rate at which body temperature cools depends on size of body, location, clothing, weather. Different parts of the body co ols at different rates. E. G. Brain cools faster than liver. General rule is -1 to 1. Degrees Fahrenheit However, note that the body may start to warm up after 2 days due to start of putrefaction Rigor Morris: Lactic acid in the muscles causes tension up to 36 hours after death E. . Jaws (errs), arms (4-errs), legs(8-1 Oh RSI), whole body (10-rush) Liver Morris (Color of the body): Also known as Postmortem lividly: the black and blue disconsolation of the skin of a cadaver, resulting from an accumulation of degenerated blood in subcutaneous vessels. Hypothesis: poor or stagnant circulation in a dependent part of the body or an organ. Settling of red blood cells due to gravity (post mortem lividly, hypothesis 0-ours) Disconsolation in lower parts. Parts on the ground not affected due to compression of capillaries (contact flattening) *Has the body been moved?If a body has been moved, he calculation of the body may not give the correct approximation of the time of death. *Take note th at CO poisoning has similar symptoms as Liver Morris, CO poisoning results in cherry pink calculation due to the carbon monoxide-hemoglobin complex Physiological Changes in the body after Death. The average core temperature of a body is 9. Degree Fahrenheit. Postmortem interval = 99. 6/1. 5 (general rule). Other indicators that can estimate the time of death are: Kit levels in ocular fluid (vitreous humor) which increase after death Stomach and intestine contents (time of last meal).A stomach empties its contents in about 2 hours. Look at other objects such as watches or mobile phone records and CATV. Putrefaction This is the process when your micro-organisms start to eat you after death. This produces gases and characteristic smells. The rate of putrefaction depends heavily on local factors such as temperature and also drug use. Forensic Entomology (Using insects) Insects can arrive and lay eggs as early as minis after death. In order to estimate the time of death, the species, lif e cycle, local conditions of that particular insect must be known. Live maggots are collected from the corpse and rear until adulthood.After which, back calculate age and determine pieces. Skeletal Remains A forensic pathologist or anthropologist will use astrology, the study of bones, to find out as much as possible about the identity of a skeleton or collection of bones. Sometimes they rely on skeletal radiology, the study of bones through x rays or fluorescence (light-emission) to help make the identification. No fluorescence indicates that the skeletal remains is 1 00 years old or more. FUN analysis As time passes, the organic components of bone (mostly fats and proteins) are lost primarily through bacterial action.Since these components contain nitrogen, there is a progressive loss of that element. At the same time, percolating ground water deposits trace amounts of fluorine and other elements, such as uranium, into the bone. Bone nitrogen content decreases with age (proteins b reakdown). Bone fluoride and uranium increases with age. Fresh bones should contain 4% of nitrogen and 0% fluoride and uranium. Therefore, FUN analysis is useful for comparing samples from the same burial grounds/sites. Carbon-14 Dating The natural amount of ICC, a radioactive isotope formed in atmosphere by cosmic rays, is constant and living things have this proportion of ICC.Radioactive atoms decay at a predicable rate and only half of the atoms will eve decayed in arrears. Hence measuring the amount of ICC allows estimation of time of death through back calculation. This method is not accurate for Components can be detected as they get to the end. Movement is due to the flow of a liquid or gas (mobile phase). Thin Layer Chromatography (TTL) Colored compounds are visible to the eye while others can be made visible through chemical staining or UP light. TTL is a presumptive test, it is unable to distinguish all the different compounds in the sample and only provides 2 answers: NO or MAYBE. Gas Chromatography (GO) GO can only be used if the unknown sample passes TTL. GO depends on the rate of which the compound moves at different temperatures. GO is still not accurate enough.High Performance Liquid Chromatography (HAPLY) HAPLY is similar to GO, but uses a liquid mobile phase. The graph result of HAPLY has very sharp and narrow peaks which are highly distinguishable to determine the different compounds in an unknown sample accurately. HAPLY GO For both methods: Efficient, highly selective and widely applicable Only a small amount of sample is needed Non-destructive to the sample Readily adapted to quantitative analysis Has high resolution Advantages of HAPLY: Can accommodate non-volatile and thermally unstable samples Advantages of GO: Simple and inexpensive equipment Rapid process How do we tell what compound is it?By comparison of chromatography of authentic samples By spectroscopy By spectrometry Infra-red Spectroscopy Based on molecular vibrations (stretch ing and bending of chemical bonds) Stretching frequency depends on masses involved and stiffness of the bond The graph of infra-red spectroscopy has 2 parts, before 1 500 wave number and after 1500 wave number Before 1500-6000 wave number shows the characteristics Of the class of compounds, but not Of individual compound After 1500 – 600 wave number shows Characteristic of individual compound like a molecular fingerprint Mass Spectrometry Measures the molecular weight of the sample. . Sample is introduced into a vacuum box 2. Sample is bombarded with electrons, leaving only positively-charged ions 3. Ions are accelerated by high voltages (100 – 1 0,VIVO), ions is deflected into magnetic field to detectors, measuring the mass of the molecule. *Know how to calculate molecular weight Some molecules will break up in the spectrometer known as Fragmentation. Gas Chromatography – Mass Spectrometry (GO-MS) Another hyphenated tech unique.