Saturday, January 18, 2020
Health Promotions and Disease Prevention Paper Essay
Elder Mistreatment Elder mistreatment is a widespread problem in our society that is often under-recognized by health care professionals. As a result of growing public outcry over the past 20 years, all states now have abuse laws that are specific to older adults; most states have mandated reporting by all health care professionals. The term ââ¬Å"mistreatmentâ⬠includes physical abuse and neglect, psychological abuse, financial exploitation and violation of rights. Poor health, physical or cognitive impairment, alcohol abuse and a history of domestic violence are some of the risk factors for elder mistreatment. Diagnosis of elder mistreatment depends on acquiring a detailed history from the patient and the caregiver. It also involves performing a comprehensive physical examination. Only through awareness, a healthy suspicion and the performing of certain procedures are physicians able to detect elder mistreatment. Once it is suspected, elder mistreatment should be reported to adult protective se rvices (HHS fact sheet, 2005). It is estimated that over 2 million older adults are mistreated each year in the United States. Elder mistreatment first gained attention as a medical and social problem about 20 years ago, when the term ââ¬Å"granny batteringâ⬠first appeared in a British medical journal. Since that time, elder mistreatment has become a matter of concern not only in the United States, but throughout the world. This heightened awareness has followed a growing awareness of child and spousal abuse. Nevertheless, because of differing definitions, poor detection and under-reporting, the extent of elder mistreatment is unknown. These same factors make the collection of data difficult and its accuracy questionable. Published studies estimate that the prevalence of elder mistreatment ranges from 1 to 5 percent (Healthy people, 2010). Most health care professionals are reluctant to address domestic violence. However, physicians are in an ideal position to detect and manage mistreatment, as they may be the only person outside the family/caregiver role who regularly sees the older adult. In addition, theà physician is the most likely person to order the testing, hospital admissions and support services that are sometimes needed to correct elder mistreatment. This paper will discuss the clinical, ethical and legal issues regarding elder mistreatment. The various forms of elder mistreatment are defined, including ways to identify patient and caregiver risk factors, and history and physical findings that suggest a diagnosis of elder mistreatment. Finally, a systematic approach to patient evaluation, documentation and reporting of suspected cases will be reviewed. Reasons elder abuse may be missed or not reported by health care professionals include unfavorable attitude toward older adults (ageism), little information in medical literature about elder mistreatment, reluctance to attribute signs of mistreatment (disbelief),isolation of victims (patient not seen often by physicians/health care providers), subtle presentation (i.e., poor hygiene or dehydration), reluctance/fear of confronting the offender, reluctance to report mistreatment that is only suspected, mistreated person requests that abuse not be reported (patient/physician privilege), lack of knowledge about proper reporting procedure, fear of jeopardizing relationship with hospital or nursing facility Types of elder abuse Physical Abuse- occurs when a person is touched in an inappropriate way, such as hitting, punching, kicking, slapping, and pushing. Physical abuse often leaves marks on the personââ¬â¢s body: bite marks, bruises, welts, and burn marks. Marks are often left on arms, wrists, face, neck, and abdomen area; Emotional/Psychological Abuse- occurs when a person is demeaning to another person. A person may treat the elder like a child or call them names. An elder may seem unusually depressed or may talk bad about themselves; Sexual abuse- among an elder occurs when sexual contact is made without consent. It also occurs when an elder is incapable of making such a decision, and is rape; Financial abuse- occurs when a person or persons take advantage of an elderly person financially. This includes stealing money, lying about how much the elder needs for certain care, or cashing the elderââ¬â¢s checks without permission; Neglect/Abandonment- occurs when the elder is not being properly cared for, such as not being fed, bathed, and properly medicated. This is also when the elder is being ignored. The careà giver refuses to give care to the individual (Physical abuse of the elderly, 2005). Elder Mistreatment: Definitions and Classifications In an effort to increase physiciansââ¬â¢ awareness, facilitate accurate detection and promote further research, the American Medical Association published a position paper on elder mistreatment in 1987. This paper proposed a standard definition: ââ¬Å"ââ¬ËAbuseââ¬â¢ shall mean an act or omission which results in harm or threatened harm to the health or welfare of an elderly person. Abuse includes intentional infliction of physical or mental injury; sexual abuse; or withholding of necessary food, clothing, and medical care to meet the physical and mental needs of an elderly person by one having the care, custody or responsibility of an elderly personâ⬠(HHS fact sheet, 2005). Elder mistreatment may take many forms. Types of elder mistreatment are often classified as physical abuse and neglect, psychological abuse, financial exploitation and violation of rights. A major obstacle to prevention of and intervention for elder mistreatment is a lack of awareness on the part o f physicians and other health care professionals (LA4Seniors, 2005). Risk Factors and Prevention Cognitive impairment and the need for assistance with activities of daily living are important risk factors for elder mistreatment. Caregiver burnout and frustration can lead to elder mistreatment. Substance abuse by the caregiver or the patient, especially abuse of alcohol, significantly increases the risk of physical violence and neglect. Psychological and character pathology in the caregiver and patient are also major risk factors. Prevention of elder mistreatment is difficult and depends as much on the social support network as on the medical network. Preventing elder mistreatment involves identifying high-risk patients and caregivers, and attempting to address the underlying issues. Screening patients and caregivers before placement can be helpful, when it is feasible. Helping patients obtain county or state assistance can also help reduce some high-risk situations. Risk Factors for Elder Mistreatment Older age, lack of access to resources, low income, social isolation, minority status, low level of education, functional debility, substanceà abuse by caregiver or by elderly person, psychological disorders and character pathology, previous history of family violence, caregiver burnout and frustration, and Cognitive impairment. History- Recognizing mistreatment is often difficult. The older adult may be unable to provide information because of cognitive impairment. The history is sometimes difficult to obtain from the victim, for fear of retaliation by the abuser. This retaliation can come in the form of physical punishment or threats of violence and abandonment. Older adults are often fearful of being placed in a nursing facility, and some may prefer to be abused in their own home rather than be moved to such a facility (LA4Seniors, 2005). The mistreated older adult often presents with somatic complaints. Physicians should ask older patients about rough handling, confinement and verbal or emotional abuse. Subtle or confusing complaints may actually be indicative of mistreatment. It is important to recognize that abuse and neglect are most often discovered during routine visits at the physicianââ¬â¢s office or in the long term care facility. Generally, the patient should be interviewed without the caregiver(s) present. Cognitive impairment may limit the ability to obtain an accurate history. It is important to ask general questions about conditions in the home or nursing facility. The physician should try to obtain an accurate view of the patientââ¬â¢s daily life, including meals, medication, shopping and social outlets (HHS fact sheet, 2005). It is also important to ask the patient about the nature and quality of the relationship with the caregiver. It may be helpful to ask questions such as, ââ¬Å"How do you and the caregiver get along?â⬠and ââ¬Å"Is the caregiver taking good care of you?â⬠It is critical to assess the patientââ¬â¢s mental status for indicators of depression or alcohol and substance abuse. A discussion of the patientâ â¬â¢s financial situation may be appropriate. If issues of mistreatment are raised, the caregiver should be interviewed as well. The physician must be careful not to over interpret or to make suggestive comments, especially when the patient is cognitively impaired. Essential Features of the History in the Assessment of Mistreated Elders Medical problems/diagnoses, detailed description of home environment (adequacy of food, shelter, supplies), accurate description of events related to injury or trauma (instances of rough handling, confinement, verbal or emotional abuse), history of prior violence, description of prior injuries and eventsà surrounding them, description of berating, threats or emotional abuse, improper care of medical problems, untreated injuries, poor hygiene, prolonged period before presenting for medical attention, depression or other mental illness, extent of confusion or dementia, drug or alcohol abuse, quality/nature of relationships with caregivers. Physical Examination and Laboratory Tests The physical examination is often used as legal evidence of mistreatment. Laboratory and imaging studies should be performed to confirm any suspicious findings in the history and physical examination. The presence of dehydration and malnutrition can be established with simple laboratory tests such as a complete blood count and measurement of blood urea nitrogen, creatinine, protein and albumin levels. Radiographic studies provide evidence of old and new fractures. Unfortunately, proving that a fracture was caused by abuse can be difficult (HHS fact sheet, 2005). Role of advance nurse and nursing intervention strategies- The nurses can play a vital role as a case finder, manager, advocate, educator, researcher and caregiver to physically abused elderly and family or caregiver in a given community. Inform the decision makers about the magnitude, trends and characteristics of violent deaths; and, evaluate and continue to improve by educating the patient and the care giver, and if is necessary reporting the abuser to the authorities. Nurses should involve the case managers and the social workers, document all the findings accurately and report the mistreatment case as soon as possible. Documentation Documentation of all findings may be entered as evidence in criminal trials or in guardianship hearings. Documentation must be complete, thorough and legible. Such circumstances dictate that there is a ââ¬Å"chain of evidence.â⬠This need mandates a careful collection of physical evidence, which is critical in cases of suspected sexual or physical abuse. Laboratory data and, when possible, photographs should be used for verification of written documentation. Management Management of elder mistreatment first involves discussing the situation with the patient, if feasible. The patient should be allowed to play a roleà in the ultimate resolution, if he or she is able to do so. First, the competency of the patient should be determined. Local and state social services have different methods of addressing mistreatment. Social workers from hospitals, clinics or long term care facilities are valuable resources and should be able to assist with these services. Multidisciplinary teams can be very effective. These teams typically include geriatricians, social workers, case management nurses and representatives from legal, financial and adult protective services. Multidisciplinary teams are often more effective in problem-solving and provide a forum for discussion with participants involved in the older adultââ¬â¢s care. Senior advocacy volunteer groups are also helpful. A senior advocate can provide information to the abused person and enable access to resources from community programs and social services. Basic Features of the Physical Examination Head- Traumatic alopecia or other evidence of direct physical violence; poor oral hygiene; Skin- Hematomas, welts, bite marks, burns, decubitus ulcers; Musculoskeletal- fractures or signs of previous fractures; Neurological- cognitive impairment that is a risk factor for mistreatment and influences management decisions regarding competency; Genito rectal- poor hygiene, inguinal rash, impaction of feces; General- weight loss, dehydration, poor hygiene, unkempt appearance (LA4Seniors, 2005). Reporting All health care providers (physicians, nurses, social workers, etc.) and administrators are mandated by law to report suspected elder mistreatment. The laws differ from state to state; physicians should determine the specific requirements in their states. Any other person may also report suspected abuse and neglect. All reporters are immune from civil liability if they act in good faith and without malice. They are also protected from termination of employment. Health care providers can be found to be negligent if they fail to report the suspected mistreatment. Penalties can include fines, imprisonment or loss of licensure. Reports of suspected elder mistreatment should be given to the state or county division of adult protective services. In the absence of such services, the reporter should contact the county extension office or the stateââ¬â¢s office of child andà family services. In addition, any Area Agency on Aging would be able to provide assistance in reporting suspected mistreatment. The National Domestic Violence Hotline (telephone: 800-799-SAFE) or the Older Womenââ¬â¢s League (telephone: 800-825-3695) could also help. Contacting the police is always an option, especially in an urgent situation (HHS fact sheet, 2005). In the event that the older adult is a resident of a long term care facility, a separate mechanism often exists for investigating suspected mistreatment through the state agency that surveys these facilities. Identifying the appropriate avenue for investigation can be done through the available adult protective service agency or the state department of child and family services (Elder Abuse, 2005). Once suspected mistreatment has been reported, the responsible agency will assign a social worker to investigate the case. The social worker will provide an accurate description of the home or nursing-facility environment. After assessment, the social worker may provide insight into some possible solutions to the problem and information about available resources. Unlike cases of child abuse, if the older adult is competent to make decisions, he or she may refuse intervention. If the older adult is not competent to make decisions, a guardian can be appointed by the state. The guardian can then direct care as needed until the problem is satisfactorily resolved. Injury Prevention- In healthy people there is no precise data specific for elder abuse, but these are related data from that site. The target rate for physical assault by intimate partner is 3.3 physical assaults per 1,000, and the baseline is 4.4 physical assaults per 1,000. The target rate for annual rate of rape is 0.7 rapes or attempted rapes per 1,000 persons, and the base line is 0.8 rapes or attempted rapes per 1,000 (Health people, 2010). Objectives from Healthy People 2010 Reduce injuries, disabilities, and deaths due to injuries and violence, and educating the primary care givers about the signs and symptoms of abuse or mistreatment, and educating them about alternative coping mechanisms. Several themes become evident when examining reports on injury prevention and control, including acute care, treatment, and rehabilitation. First, injury comprises a group of complex problems involving many different sectors of society. No single force working alone can accomplish everythingà needed to reduce the number of injuries. Improved outcomes require the combined efforts of many fields, including health, education, law, and safety sciences. Second, many of the factors that cause injuries are closely associated with violent and abusive behavior (Health people, 2010). Violence and Abuse Prevention Violence in the United States is pervasive and can change quality of life. Reports of children killing children in schools are shocking and cause parents to worry about the safety of their children at school, and if the problem is untreated the aggression later on will turn on the parents or older adults. Reports of gang violence make people fearful for their safety. Although suicide rates began decreasing in the mid-1990s, prior increases among youth aged 10 to 19 years and adults aged 65 years and older have raised concerns about the vulnerability of these population groups. Intimate partner violence and sexual assault threaten people in all walks of life (Elder Abuse, 2005). Violence claims the lives of many of the Nationââ¬â¢s young persons and threatens the health and well-being of many persons of all ages in the United States. On an average day in America, 53 people die from homicide, and a minimum of 18,000 persons survive interpersonal assaults, and as many as 3,000 persons attempt suicide (Elder Abuse, 2005). Elderly, females, and children continue to be targets of both physical and sexual assaults, which are frequently perpetrated by individuals they know. Examples of general issues that impede the public health response to progress in this area include the lack of comparable data sources, lack of standardized definitions and definitional issues, lack of resources to establish adequately consistent tracking systems, and lack of resources to fund promising prevention programs. Disparities Adults aged 65 years and older are at increased risk of death from fire because they are more vulnerable to smoke inhalation and burns and are less likely to recover. Sense impairment (such as blindness or hearing loss) may prevent older adults from noticing a fire, and mobility impairment may prevent them from escaping its consequences. Older adults also are less likely to have learned fire safety behavior and prevention information,à because they grew up at a time when little fire safety was taught in schools, and most current educational programs target children (Healthy people, 2010). Opportunities To reduce the number and severity of injuries, prevention activities must focus on the type of injuryââ¬âdrowning, fall, fire or burn, firearm, or motor vehicle. Understanding injuries allows for development and implementation of effective prevention interventions. Some interventions can reduce injuries from violence-related episodes. For instance, efforts to promote awareness in society can help reduce the risk of assault, intentional self-inflicted and elder neglect and abuse. Higher taxes on alcoholic beverages are associated with lower death rates for some categories of violent crime, including mistreatment, abuse, and rape (Healthy people, 2010). Healthy People Objectives This organization encourages the Individuals, groups, and other organizations to use this framework and integrate it into their current programs, events, publications, and meetings, schools, colleges, and civic organizations to undertake activities in order to further the health of all members of their community. It is a national initiative that aims to improve the health of all Americans and eliminate disparities in health. Reducing the prevalence and overall number of people who suffer from different variety of diseases, and increase concerns for the nationââ¬â¢s elderly, and to reduce the overall rate of elder abuse, prevent its associated health problems, and educating the care givers and enhancing their coping mechanisms and alternative modalities to deal with the related stress. Health care providers can encourage their patients to pursue healthier lifestyles and to participate in community-based programs. By following the national objectives, individuals and organizations c an build an agenda for community health improvement and can monitor results over time. Healthy People objectives have been specified by Congress as the measure for assessing the progress of the Indian Health Care Improvement Act, the Maternal and Child Health Block Grant, and the Preventive Health and Healthà Services Block Grant. Healthy People objectives have been used in performance measurement activities (Healthy people, 2010). Many objectives focus on interventions designed to reduce or eliminate illness, disability, and premature death among individuals and communities, and to educate the care giver regarding recognizing elder abuse, and prevention modalities; others focus on broader issues, such as improving access to quality health care, strengthening public health services, and improving the availability and dissemination of health-related information. Each objective has a target for specific improvements to be achieved by the year 2010. Together, these objectives reflect the depth of scientific knowledge as well as the breadth of diversity in the Nationââ¬â¢s communities. More importantly, they are designed to help the Nation achieve Healthy People 2010ââ¬â¢s two overarching goals and realize the vision of healthy people living in healthy communities (Healthy people, 2010). Interim Progress toward Year 2000 Objectives Numerous objectives addressed injury prevention in Healthy People 2010. Twenty-six objectives were specific for unintentional injuries, and 19 objectives were specific for violence prevention. By the end of the decade, targets had been met for 11 objectives. Unintentional injury objectives showing achievement were unintentional injury hospitalizations, residential fire deaths, nonfatal head injuries, spinal cord injuries, nonfatal homicide poisonings, and pedestrian deaths. Violence prevention objectives that met their targets were, suicide, weapon carrying by adolescents, conflict resolution in schools, and child death review systems. REFERENCES Elder Abuse and Neglect Statistics (2005). In search of solutions. Retrieved on 8/20/05 from http://www.apa.org/pi/aging/eldabuse.html Healthy people 2010(2005). Retrieved on 8/20/05 from http://www.healthypeople.gov LA4Seniors (2005). A public service website for seniors and their families. Retrieved on 8/20/05 from www.la4seniors.com/elder abuse.htm National center on elder abuse (2005). Retrieved on 8/20/05 from http://www.elderabusecenter.org HHS fact sheet (2005). US department of health and human services. Retrieved on 8/20/05 from www.hhs.gov/news/press/2000pres/20000503b.html Physical abuse of the elderly (2005). Physical abuse of the elderly: signs, descriptions, and what you can do about it. Retrieved on 8/21/05 from http://de.essortment.com/physicalabusee_rfjb.htm
Friday, January 10, 2020
Perception and reality of technology
Perception and Reality of Technology Nowadays, technology is popular in our lives and greatly improves as time is passing. Technology has brought many benefits, but in reality, many people perceive technology as having negatively impacted our lives. There are three things of technology which can provide to us a better knowledge; faster ways of locomotion and communication are smart phones, computers, and televisions.The perception is everyone knows smart phones can make life easier in many ays; Smart phones support a wide variety of other services such as text messages, emails, the Internet access, games, and photography; they allow us to reach anyone all around the world. By using smart phones for voice calls or video calls and text messages, people are able to keep in touch with others in a long distance. Today, with the development of cell phones, we can use them for our entertainment such as surfing the Internet, sending photos or downloading videos and games.Additionally, GPS in smart phones becomes an important part of our life. People use GPS in smart phones to find their way to home, work, restaurants, or shopping centers. Although we already have classical GPSs, smart phones are usually lighter, smaller, and faster than the classical GPSs. That is why smart phones are used by many people in around the world. According to a research, the number of people accessing the web through smart phones is increasing to over 17. 4% of worldwide internet usage (Fox). In the reality, smart phones have negative effects to students in the education environment.They distract students from their lessons and make them miss important notes. As students often text messages to each other; they may also interrupt other students. Most people do not control how much time they should use smart phones, they waste their time on smart phones: playing games, watching movies, and news updating. Moreover, smart phones disturb people when they focus on driving; and they have to take t heir eyes off the road to talk or text. It is very risky and dangerous to everyone in and around the car. According to a report in 2009 in he U.S, there were a reported 5,474 people killed by distracted drivers; 995 of those were considered killed by drivers distracted by smart phones (Distracted Driving 2009). Next, in perception, that is the computer is one of the important features of technology, which is very useful for people in order to widen their knowledge. Our current development is due to computers in many areas. People consider that computers provide better education; they provide as with many distant learning courses and online testing like McGraw-Hill Connect and MyltLab.Also, computers furnish a lot of necessary access to information such as news and emails. Moreover, people use computers to keep in touch with entertainment, looking for friends; or watch Glee comedy and America's Next Top Model shows. On the other hand, in reality, people sometimes abuse computers. Pla ying games on computer do not have benefit to adults and children; it wills a cause bad effect on people such as eye strains, wrist, neck and back pains. People, who use computers too otten in a long time, should take a snort break atter 1 or 2 hours.Computer can affect our mental health with the large amount of bad knowledge on the Internet; especially children and teenagers. They enjoy play video games and watch violent movies; it may also affect their psychologist and make them become a murder in school. According toa research in 2011 in the U. S, the Supreme Court struck down California's law did not allow to sale or rental of violent video games to people under 18 (Beresin). In perception, television is another kind of popular technology which many household have.They can be operated either by battery or electronics. Furthermore, television can improve vocabulary and language skills for people who want to learn second languages. After a long day of work, people love to spend ti me watching TV with their family members. With the help TV, people may learn more about different countries culture from entertainment, educates, and informs all functions of mass media. The reality is the disadvantage of televisions; they often stop people from following other good habits like reading books and socializing.
Thursday, January 2, 2020
Definition and Examples of False Analogies
The fallacy,à or false analogy, is an argumentà based on misleading, superficial, or implausible comparisons. It is also known as aà faulty analogy, weak analogy, wrongful comparison,à metaphor as argument, and analogical fallacy. The term comes from the Latin wordà fallacia, meaning deception, deceit, trick, or artifice The analogical fallacy consists of supposing that things which are similar in one respect must be similar in others. It draws a comparison on the basis of what is known, and proceeds to assume that the unknown parts must also be similar, says Madsen Pirie, author of How to Win Every Argument. Analogies are commonly used for illustrative purposes to make a complex process or idea easier to understand. Analogies become false or faultyà when they are overextended or presented as conclusive proof. Commentary There are seven windows given to animals in the domicile of the head: two nostrils, two eyes, two ears, and a mouth...From this and many other similarities in Nature, too tedious to enumerate, we gather that the number of planets must necessarily be seven. ââ¬â Francesco Sizzi, 17th-century Italian astronomer [F]alse analogy is central to jokes whose humour derives from ill-judged comparisons, as in the old joke where a mad scientist builds a rocket to the sun but plans to embark at night to avoid being cremated. Here a false analogy is created between the sun and a light bulb, suggesting that when the sun is not shining it is not turned on, and hence, not hot. ââ¬â Tony Veale, Computability as a Test on Linguistic Theories, in Cognitive Linguistics: Current Applications and Future Perspectives, ed. by Gitte Kristiansen et al. Mouton de Gruyter, 2006 When you find yourself reasoning by analogy, ask yourself two questions: (1) are the basic similarities greater and more significant than the obvious differences? and (2) am I over-relying on surface similarities and ignoring more essential differences? ââ¬â David Rosenwasser and Jill Stephen, Writing Analytically, 6th ed. Wadsworth, 2012 The Age of False Analogies We are living in the age of the false, and often shameless, analogy. A slick advertising campaign compares the politicians working to dismantle Social Security to Franklin D. Roosevelt. In a new documentary, Enron: The Smartest Guys in the Room, Kenneth Lay compares attacks on his company to the terrorist attacks on the United States. Intentionally misleading comparisons are becoming the dominant mode of public discourse... The power of an analogy is that it can persuade people to transfer the feeling of certainty they have about one subject to another subject about which they may not have formed an opinion. But analogies are often undependable. Their weakness is that they rely on the dubious principle that, as one logic textbook puts it, because two things are similar in some respects they are similar in some other respects. An error-producing fallacy of weak analogy results when relevant differences outweigh relevant similarities. ââ¬â Adam Cohen, An SAT Without Analogies Is Like: (A) A Confused Citizenry... The New York Times, March 13, 2005 The Mind-As-Computer Metaphor The mind-as-computer metaphor helped [psychologists] to focus attention on questions of how the mind accomplishes various perceptual and cognitive tasks. The field of cognitive science grew up around such questions. However, theà mind-as-computer metaphorà drew attention away from questions of evolution... creativity, social interaction, sexuality, family life, culture, status, money, power... As long as you ignore most of human life, the computer metaphor is terrific. Computers are human artifactsà designed to fulfill human needs, such as increasing the value of Microsoft stock. They are not autonomous entities that evolved toà survive and reproduce. This makes the computer metaphor very poor at helping psychologists to identify mental adaptations that evolved through natural and sexual selection. ââ¬â Geoffrey Miller, 2000; quoted by Margaret Ann Boden in Mind as Machine: A History of Cognitive Science. Oxford University Press, 2006 The Darker Side of False Analogies A false analogy occurs when the two things compared are not similar enough to warrant the comparison. Particularly common are inappropriate World War II analogies to Hitlers Nazi regime. For example, the Internet has more than 800,000 hits for the analogy animal Auschwitz, which compares the treatment of animals to the treatment of Jews, gays and other groups during the Nazi era. Arguably, the treatment of animals is terrible in some cases, but it is arguably different in degree and kind from what happened in Nazi Germany. ââ¬â Clella Jaffe, Public Speaking: Concepts and Skills for a Diverse Society, 6th ed. Wadsworth, 2010 The Lighter Side of False Analogies Next, I said, in a carefully controlled tone, we will discuss False Analogy. Here is an example: Students should be allowed to look at their textbooks during examinations. After all, surgeons have X-rays to guide them during an operation, lawyers have briefs to guide them during a trial, carpenters have blueprints to guide them when they are building a house. Why, then, shouldnââ¬â¢t students be allowed to look at their textbooks during an examination? There now, [Polly] said enthusiastically, is the most marvy idea Iââ¬â¢ve heard in years. Polly, I said testily, the argument is all wrong. Doctors, lawyers, and carpenters arenââ¬â¢t taking a test to see how much they have learned, but students are. The situations are altogether different, and you canââ¬â¢t make an analogy between them. I still think itââ¬â¢s a good idea, said Polly. Nuts, I muttered. ââ¬â Max Shulman, The Many Loves of Dobie Gillis. Doubleday, 1951
Tuesday, December 24, 2019
The Movie The Hunger Games - 889 Words
In every heroââ¬â¢s journey Iââ¬â¢ve read in the past, the heroes are always the male character and there were never any females that were a hero/heroine. Joseph Campbell talked a little bit about the heroine, who is a female hero, and most people do not believe that women can be heroes. The first thing that caught my attention in The Hunger Games movie series was the main character and hero, Katniss Everdeen. She was a great example of a hero. She embodies the definition of a hero by the sense of the word; she was not only a great fighter in front of a strong male but she also volunteered to take the place of her little sister who was chosen in the first place. This was an act of heroic self-sacrifice. One of the main roles of the game was to be the sole survivor, but Katniss sacrificed her chance of winning only to save Peeta, whom she developed love for during the game. The actions displayed by Katniss align with Joseph Campbellââ¬â¢s ideal of a hero; ââ¬Å"A hero is som eone who has given his or her life to something bigger than oneself.â⬠On multiple occasions Katniss exemplifies this version of a hero. Katniss answers the call to adventure when her little sister, Primrose, was chosen for the reaping. At that moment, Katniss took charge of the situation and volunteered to take her sisterââ¬â¢s place a tribute for District 12. During the final moments that she had with her family, she refused the death sentence that the hunger games offered and promised to return home to herShow MoreRelatedThe Movie Hunger Games Essay868 Words à |à 4 PagesThe last movie is the novel adaptation, Hunger Games series came to a close on November 17, 2015. The final film in the series, Mockingjay Part 2, follows the same strategy as another young-adult movie franchise, Twilight. The book turned movie raised its nearly unknown cast to rock star status and enormous profit. 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Though there were differences in the detail that Suzanne Collins and the director of the movie went into, both the plots of the movie and the book areRead MoreAnalysis Of The Movie The Hunger Games 891 Words à |à 4 PagesSummarize the movie from a sociological perspective (approximately 1 page) : In the film of The Hunger Games, there are districts that are stratified, the bottom of the districts are those with the least amount of resources to survive. Those at the top control the resources by hosting an annual game that will test the strength and courage of two youth, ââ¬Å"tributes,â⬠to survive in a human hunting game. One male and one female are chosen at random from each district to participate in the game. There willRead MoreThe Hunger Games Movie Synopsis599 Words à |à 2 PagesWelcome to The Hunger Games, a Lionsgate film. The film is set in the futuristic setting of a post- apocalyptic North American nation called Panem. The movie reveals 12 poor districts which are ruled by the wealthy Capital. The Capital destroyed district 13 for non-compliance to the rules and governing imposed on all districts. As a result the Capital created The Hunger Games as an annual televised event. Each of the remaining 12 districts must produce via lottery one male and one female child betweenRead MoreThe Hunger Games Movie Analysis1935 Words à |à 8 PagesIn the following film, The Hunger Games directed by Gary Ross, it focuses primarily on the protagonist, Katniss Everdeen, who volunteers to partake the Hunger games tribute that occurs once a year. Every year in each district, each of the two members of each gender is selected to fight the annual Hunger Games. Katniss intends to be the center of attention of this film, which gives the audiences a better insight of the movie, also revealing additional themes that the author is trying to convey. AtRead MoreAnalysis Of The Movie The Hunger Games 2215 Words à |à 9 PagesChange in Feminism in the Cinema World The Hunger Games which is directed by Garry Ross is story in land of Panem which has grown out of the cadaverous ruins of what one time was known as North America, 74 years ago. The capitol introduced the hunger games as a reminder to the twelve districts of its authority and punishment for rebellion. Every year a boy and a girl from each district, who are known as Tributes, and they are of aged between 12 and 18. The names are chosen randomly in reaping ceremoniesRead MoreDifferences Between The Movie And The Hunger Games1046 Words à |à 5 Pagesseen the Hunger Games movie and read the Hunger Games book? Have you ever noticed the superficial differences between them? Well, if you have then you clearly see that the movie and the bookââ¬â¢s plots are relatively similar, but there are a few differences between the movie and the book. Although they bear some superficial differences, the similarities between the Hunger Games book and the Hunger Games movie are pronounced. à à à à à To begin, the Hunger Games movie is a very interesting movie that isRead MoreCritical Analysis Of The Movie Hunger Games1291 Words à |à 6 PagesIn this essay, I will do a critical analysis of the movie ââ¬Å"Hunger Games,â⬠the short story ââ¬Å"The Story of an Hour,â⬠and Taylor Swiftââ¬â¢s music video ââ¬Å"Look What You Make Me Doâ⬠in terms of the use of symbolism, and the new self. The Hunger Gamesà follows 16-year-oldà Katniss Everdeen, a girl from District 12 who volunteers for the 74th Hunger Games in place of her younger sisterà Primrose Everdeen. The games itself is a competition to see whoââ¬â¢s the strongest. The story of an Hour is a short story that describes
Monday, December 16, 2019
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Sunday, December 8, 2019
Childrens Toothpaste free essay sample
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Sunday, December 1, 2019
Motion to Determine Property of the Estate Essay Example
Motion to Determine Property of the Estate Paper Morgan and/or Edwards Company, LLC (Edwards Children) that the Probate court awarded her Copyrights and Royalties under a executed but not approved document entitled Settlement Agreement dated July 30, 1997 as well as a co-Publishing agreement which Arose out of this agreement. See both agreements attached hereto as Composite Exhibit C. 7. In October 2011, in the MARCI v Jess S. Morgan litigation, Richard Mandela of Jess S. Morgan Co testifies that the document dated July 30, 1997 was Probate Court Approved see Declaration of Richard Mandela attached hereto as Exhibit D. Counsel for Jess S. Morgan and BECK, LLC have alleged that the July 9, 1997 Stipulated Agreement is not on the Probate Court Record (See Doc 103 Page 2 paragraph 6 Attached hereto as Exhibit F On February 15, 2012 Counsel for Jess S. Morgan says Earlier you heard Mr Jennies say that theres a dispute over which of the agreements in the probate court and ask Judge, Judge, which one did you mean? when in fact all is was, was a mediated settlement agreement thats pretty broad, and then that mediated settlement was refined down, and again this was many years and years ago. We will write a custom essay sample on Motion to Determine Property of the Estate specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Motion to Determine Property of the Estate specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Motion to Determine Property of the Estate specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Mrs Edwards was presented by counsel, and thats what the dispute is ultimately going to be about See Transcript Page 28 Line 14-25 (Exhibit F) 4 The alleged Co-publishing Agreement contains a fake Probate Court Stamp in the Top Right Corner that Reads Received September 5, 1997 The Westport Probate Court has confirmed that this is NOT the official Seal of the Westport Probate Court and this alleged agreement is Blank and completely unexpected in the Sealed File. Page 2 of 12 8. On or about November 27, 2012 after over a year of extensive investigation and due diligence by Consultant Eric Moore, the Westport Probate Court determined that Eries theory of the Case was correct and Ms. Edwards was only bound by the Probate Corresponded Stipulated Agreement dated July 9, 1997. 9. The Copyrights and Royalties Including Administration Rights subject to Adversary 641 are already Property of the Estate because the debtor has possession of the recovered title, as these issues have already been adjudicated, and therefore the litigation is moot. 0. Collateral Estoppels principles are applicable to a subsequent proceeding only if: 1) the identical issues were presented in a prior proceeding; 2) there was a full ND fair opportunity to litigate the issues in the prior proceeding; 3) the issues in the prior litigation were a critical and necessary part of the prior determination; 4) the parties in the two proceedings were identical; and 5) the issues were actually litigated in the prior proceeding. Porter v. Saddlebags Resorts, Inc. , 679 So. Ad 1212, 1214815 (Flaw. Didst. Ct. App. 996) (citing Depot of Health and Rehab. Serves. V. B. J. M. , Copyright and Royalties rights have already been adjudicated by a Court, and so the issue surrounding the ownership of the property to Adversary 641 is moot. 11. The courts have emphasized that Collateral Estoppels precludes re-litigation of issues actually litigated in a prior proceeding. B. J. M. , 656 So. Ad at 910 As with res Judicial, collateral Estoppels is an affirmative defense, and the party asserting it bears the burden to show that such an issue was formerly determined with sufficient certainty. Freewheeling v. MAGIC Financial Corp , 437 So. Ad 191, 193 (Flaw. Didst. Ct. App. 1983). It would be unjust to re-litigate the prior Courts findings as to the Copyright and Royalties rights. 5 The Debtor needs to file the Recovered title dated July 9, 1997 with the Copyright Office and Royalty payers so that the Future Royalties will be paid to her directly, absent a Certified Probate Court Approved Copy of the Alleged Shipbuilding Agreement the Payers will not Pay Jess S. Morgan or any other entity except the debtor who is the Real Owner. Page 3 of 12 12. Creditor, Eric Moore fulfilled his obligations under the Consulting Agreement by determining and locating copyrights and other assets due to the debtor. This recovered Title procured by Moore and Referenced by Debtors bankruptcy Counsel David Jennies in open court on February 15, 2012 has enhanced the Estate by at least $25,000,000. Per independent appraisal, the total value of the debtors Copyrights is now roughly Moore reasonably relied upon the promise of the debtor made under the Consulting Agreement, and in return fulfilled his own obligations under the agreement. Because of that reliance Moore has been injured or damaged. Under the legal doctrine of promissory estoppels, Moore is entitled to payment under the Consulting Agreement. This determination and recovered title procured by Moore is performance of the agreement. 13. ADMISSION: Debtor Bambini Hearer-Edwards has admitted to this court, ownership of name Copyrights at issue in Paragraph 1 of Debtors Chapter 11 Case Management Summary, in Turnover Motions, in her Disclosure Statement, as well as in Court. See debtors adversary complaint filed on July 29, 2012. In fact, the Bernard Edwards State and Bernard Edwards Estate Federal Taxes clearly reflect that the Governing Agreement is dated July 9, 1997. The State and Federal Taxes were filed and paid in June 1999 by Jess S. Morgan according to this agreement, taxes were paid on the Administration Rights, Publisher Share, Writers Share, Producer Royalties and Artist Royalties See attached, therefore Ms. Edwards OWNS those rights. Exhibit E. 6 The $37,000,000 dollar valuation includes the Recovered Copyrights and her Historical Royalties which Appraised at roughly $12,000,000 dollars, this amount does not include any unpaid or underpaid royalties. Debtors pre-petition Entertainment Counsel Signed an Affidavit in support of Mr Moors performance of the Consulting Agreement 8 The Recovered Title procured by Moore is used in Adversary 641 Page 4 of 12 15. PROBATE COUNSEL OPINION: BY the Debtors own admission her probate Counsel, Boone Weinstein have confirmed that the July 9, 1997 Stipulated Agreement was 10 proved by the Westport Probate Court on September 4, 1997. See Adversary Complaint 247, Document 1, Paragraph 29. 16. The adverse Possessor(s) in this Case are Jess S. Morgan and/or Bernard Edwards Company, LLC and to some degree 1 1 Warner Chapel, as neither party has provided a Certified Probate Court Copy of the Document dated July 30, 1997 or the Co- publishing Agreement dated August 21, 1997 or July 21, 1997 with court orders attached. These Documents were not approved by the Westport Probate Court and the Co-pub doesnt even appear in the Probate Card Catalog of that Court, in fact the Corner, Therefore clear title could not and did not pass to Jess S. Morgan, Wallace Frisson, Bernard Edwards Company, LLC or earners Chapel under the Co- publishing Agreement or the Document Entitled Settlement Agreement Dated July 30, 1997 from the Estate of Bernard Edwards. See attached Probate Card Catalog and Letter from the Westport Probate Court attached hereto as Exhibit F. DISCUSSION 17. Bankruptcy Code 5541 (a) provides that when a debtor files a petition, an estate is created consisting of all legal or equitable interests of the debtor in property as of the commencement of the case. 11 U. S. C. 5541 (all) (emphasis added). Congress intended said section 9 Boone Weinstein acknowledge in writing on December 10, 2012 that they Received Documents and a Summary All Prepared by Eric Moore 10 The Probate Court Confirmed to me in writing on November 27, 2012 that the alleged Co-publishing Agreement and July 30, 1997 document were not Probate Court Approved and had No corresponding Court Orders attached. 11 Warner Chapel is the actual Publishing Administrator but they have no agreement with the debtor and the 10% fee has never appeared on the debtors royalties Statements, for the last 15 ears she was mislead and informed that Jess S. Morgan or BECK, LLC were her administrator and therefore charged her a 5% fee (See Exhibit D Paragraph 4) 12 Warner Chapel plead that the Debtor was bound by the agreement dated July 30, 1997 that arrived to the Probate Court on August 28, 1997, See Doc 98 Page 3 Paragraph 7, this alleged Settlement Agreement Was not approved by the Westport Probate Court and the Co-publishing Agreement that Arose out of it contains a Fake Probate Court Stamp Page 5 of 12 to be construed as broadly as possible to encompass all types and kinds of property. Matter of Hundreds, 85 B. R. 99, 1003 (Banks. S. D. Iowa 1988). As such, all legal or equitable interests of Debtor Hearer-Edwards needs to be ascertained by this Court for the purpose of distribution and/or the creation of the debtors plan. 18. The alleged Settlement Agreement dated July 30, 1997 was not approved by the Probate Court and is therefore a false document. The alleged Co-publishing Agreement arose out of that Unapproved July 30, 1997 Settlement Agreement and is, therefore also false. It is well settled that one cannot rely upon a document that has sprung forth from a false document. This is considered fruit of the poisonous tree. Although that legal doctrine is typically relied upon in criminal matters, the concept has also tree) of the evidence or evidence itself is tainted, then anything gained (the fruit) from it, is tainted as well. The Co-publishing Agreement cannot be valid because it sprung forth from a Settlement Agreement that was never approved by the Court. Fruit of the poisonous tree. Further, presenting the July 30, 1997 Settlement Agreement as a court approved document is fraud. A contract procured by fraud is unenforceable by the wrongdoer. The issue of whether a contract procured by fraud s void as to the wrongdoer is a matter of law. The standard of review of decisions of law is De novo. See Execute Bus. Sys. V. New OZ Paper Co. , 752 So. Ad 582 (Flaw. 2000). 19. Florists well-established public policy is not to permit nor tolerate a person to benefit from his own wrongful acts. Florida Federal Courts have enunciated the policy in Showed v. Patterson, 49 So. Ad 848, 849 (Flaw. 1951) holding that no one shall be permitted to profit by his own fraud, or take advantage of his own wrong, or found any claim upon his own inequity, or profit by his own crime. This basic and monumental principle has been applied to contracts. In Florida, [a] contract procured through fraud is never binding upon an innocent party thereto. As to him, such contract is avoidable; as to the wrongdoer, it is void. (emphasis added) Florida East coast Railway co. V. Thompson, 111 so. 525, 527 (Flaw. 1927); Winter park Telephone Co. V. Strong, 179 So. 289 (Flaw. Page 6 of 12 1937); Deforested v. Public super Markets, Inc. , 648 so. Ad 1256 (Flaw. 4th DC 1995); Buchanan v. Clinton, 293 so. Ad 120 (Flaw. 1st DC 1974). 20. When a contract is void as to a party, the contract is unenforceable by that party, and hat party cannot recover under the contract at law or in equity. Shall v. Race, 135 So. Ad 252, 257 (Flaw. Ad DC 1961). Florists public policy prohibits a person who procures a contract by fraud to benefit from his fraudulent acts at the expense of the innocent party. In furtherance of this policy, the First District Court of Appeal stated: [C]routs have an affirmative duty to avoid allowing a party who violates public policy to receive any substantial benefits from his or her wrongdoing. Thus, as a general rule, if the enforcement of a contract is contrary to the public policy of the forum Tate, the contract need not be enforced. This rule is based on the rationale that there can exist no legal remedy for that which is itself illegal. Title Trust Co. Of Florida v. Parker, 468 So. Ad 520, 521 (Flaw. 1st DC 1985) (citations omitted). (emphasis added) Based upon these clear and concise precedents, as well as public policy, the Settlement Agreement dated July 30, 1997 and the Co-publishing Agreement dated August 21, 1997 are void and unenforceable as a matter of law. 21. And is the result of a confidential and court-approved settlement agreement (Settlement Agreement) dated July 30, 1997 Paragraph 7 of Mandelas Declaration), is a violation of Flaw. Stats. S 92. 525 Verification of documents; perjury by false written declaration. S 92. 525(2) states: (2) A written declaration means the following statement: Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true, followed by the signature of the person making the declaration, except when a verificat ion on information or belief is permitted by law, in which case the words to the best of my knowledge and belief may be added. The written declaration shall be printed or hyped at the end of or immediately below the document being verified and above the signature of the person making the declaration. It has been proven by a preponderance of the evidence that Richard Mandelas Declaration is untrue because this alleged court-approved document does not appear anywhere in the Courts log. Further, pursuant to Flaw. Stats. S 92. 525(3): A person who knowingly makes a false declaration under Page 7 of 12 subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 75. 082, s. 775. 083, or s. 75. 084. So there may be other issues at play here as well, criminal issues, regarding presenting false, so-called court approved documents when they have never been court- approved. Jimmy D. Parrish, Sees. , attorney for Jess S. Morgan, Wallace Frisson and Bernard Edwards Company,LLC. , has stated in open court on February 15, 2013 in the Bankruptcy C ourt, Tampa Division, Case Number 12-BC-15725-CRM, that the full blown settlement agreement outlines that Ms. Edwards is entitled to 37-1/2 percent of an income stream in an interest in the composition -copyright from the compositions. See Hearing Transcript on page 26, lines 13-16, attached hereto as Exhibit F.
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