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Working with Leading People for a Business to Be Successful Essay

Working with Leading People for a Business to Be Successful - Essay Example For example, numerous goliaths surrender to helpless administ...

Saturday, May 23, 2020

Essay about Progressivism - 1920 Words

Progressivism implies a philosophy which welcomes innovations and reforms in the political, economic, and social order. The Progressive movement, 1901 to 1917, was ultimately the triumph of conservatism rather than a victory for liberalism. In a general sense, the conservative goals of this period justified the Liberal reforms enacted by Progressive leaders. Deviating from the â€Å"traditional† definition of conservatism (a resistance to change and a disposition of hostility to innovations in the political, social, and economic order), the Conservatist triumph was in the sense that there was an effort to maintain basic social and economic relations vital to a capitalist society. The Progressive leaders essentially wanted to perpetuate†¦show more content†¦In 1902, the United Mine Workers were willing to submit to arbitration, but the coal operators adamantly opposed any recognition of the union. Thus, the union members decided to strike over wages, safety conditions, and union recognition. The Anthracite Coal Strike of 1902 ended with the appointment by Roosevelt of an arbitration commission to rule on the issues. Business men did not regard politics (government regulation) as a necessary evil, but as an important part of their position in society. Roosevelt did not see big business as evil, but a permanent development that was necessary in a modern economy. Roosevelt couldn’t rely on the courts to distinguish between â€Å"good† or â€Å"bad† trusts. The only solution was for the executive to assume that responsibility. Roosevelt’s ingenious â€Å"square dealings† and â€Å"gentlemen’s agreements† controlled many firms. In 1903, a new cabinet position was created to address the concerns of business and labor (Department of Commerce and Labor). Within the department, the Bureau of Corporations was empowered to investigate and report on illegal activities of corporations. The abuse of economic power by railroads proposed another problem for Roosevelt. However, in 1903, the Elkins Act empowered the ICC (Interstate Commerce Commission, first American federal regulatory agency) to act againstShow MoreRelatedProgressivism Historiography Essay2107 Words   |  9 PagesAwesome Student Mrs. Aars CIS American History 15 March, 2013 My Take on the Progressives The common thought about progressivism before the 1950s were that it was a movement by the common people to curb the excessive power of powerful people such as urban bosses, corporate moguls, and corrupt officials. However, when George Mowry wrote his Progressivism: Middle Class Disillusionment, he challenged the common idea that the progressives were middle class citizens and instead considered them toRead More Progressivism Essay1891 Words   |  8 PagesProgressivism The Progressive Movement in the late nineteenth century, early twentieth century presented quite a situation for historians to conquer. At the turn of the twentieth century political questioning was the norm. Practically every historian that writes about this time period has a different opinion of what made up â€Å"Progressive Movement,† some even going so far to beg the question if it was actually a movement or if it was more of an â€Å"era.† The two are interchanged so often that theyRead MoreProgressivism Within Twenty First Century Learning1203 Words   |  5 PagesProgressivism within Twenty-First Century Learning By Josh Fix Submitted to the Faculty of Columbus State University in Partial Fulfillment of the Requirements for the Degree of Doctor of Education in Curriculum and Leadership Columbus State University Columbus, GA July 2015 By design twenty-first century learning prepares students to be successful, contributing citizens in the locale of today’s global society. Twenty-first century learning requires students to understand how to learnRead MoreEssay about Interpreting American Progressivism2954 Words   |  12 PagesInterpreting American Progressivism The period referred to as the Progressive Era in American history is one which historians often disagree over, and as in all areas of history, there are many theories surrounding the era which sometimes contradict each other. Historians are always aware of prominent theories within the field, and they often participate in an ongoing dialogue concerning their research. One of the first historians to make a major mark regarding the Progressive Era was RichardRead MoreProgressivism : A Great Number Of Urban Middle Class1722 Words   |  7 PagesThananun Prasertsup (Nine) History Research 420 Word Count: Progressivism in the Roosevelt Corollary From 1900 to about 1920, a great number of urban middle class people began to consider problems created by urbanization, class conflict, immigration, corruption, etc. This broad movement had large effects on American politics and the name of this time, known as the Progressive Era. Not only did the progressive movement happen in the era, Latin American economic crises also occurred. Venezuela wasRead MoreProgressivism And Progressivism1108 Words   |  5 Pagesnew movement began to rise, progressivism. Progressivism spread rapidly from the large cities that began to form across America, to the smaller towns that were beginning to go from agrarian paradises to more suburban landscape. These abrupt changes in society meant changes in social conduct, and norms must change with them. With factories on the rise many men were forced to work 12-16 hour shifts seven days a week with no benefits, breaks, or safety standards, progressivism was the driving force behindRead MoreProgressivism A nd Progressivism925 Words   |  4 PagesTo begin the paper, I will give a summary of what progressivism is and what effect it had within the United States. Progressivism is defined as a movement that is to limit the social destructiveness effects of capitalism. Progressives look at capitalism as unhindered. That they need to extract from the markets in a capitalist system and to counterbalance the tasks that capitalism leaves such as terrible social effects. They wanted the public well being to be better off. Progressives overall did notRead MoreAdvantages And Disadvantages Of The Progressives1277 Words   |  6 PagesProgressivism, †¦unlike populism, whose grassroots appeal was largely confined to rural regions in the South and Mid-West, focused on the nation altogether, coming in all different forms. (Shi Tindall 778) The movement consisted of moral Christians who disliked politics. They believed that politics, †¦had become a contest between good and evil, honesty and corruption (Shi Tindall 778). Therefore, they believed the government should provide more, addressing the issues dealing with rapid urbanRead MoreThe First Midterm Assignment During American History1500 Words   |  6 PagesIn other words the progressive movement was established to fix society’s ills that occurred in the late-19th century and early-20th century especially from the Gilded Ages, without including controversy and trying to please everyone’s needs. â€Å"Progressivism was wide-ranging impulse rather than a single organized movement, a multifaceted, often fragmented, and at times contradictory response to the urgent problems created by unregulated industrialization, unplanned urbanization, unrelenting immigrationRead More Populists v Progressives Essay705 Words   |  3 Pagesday of eight hours, postal banks, pensions, and the reform of immigration regulations are just some of the other views and beliefs of populists. nbsp;nbsp;nbsp;nbsp;nbsp;Progressives are activists in a political reform movement known as progressivism, which is a broadly based reform movement that reached its height early in the 20th cent. In the decades following the Civil War, rapid industrialization transformed the United States. A national rail system was completed, agriculture was mechanized

Monday, May 18, 2020

The Settlement Of The Israeli Essay - 2079 Words

The settlement of the Israeli started with the ideology of Zionism, which is to found a Jewish-majority nation that serves as the safe heaven for all Jewish identifying population over the world, in its most sacred place: the father land. After the long battle against anti-Semitism and the most traumatic experience of the Holocaust, the Jewish population was compelled to find a nation that it would provide a safe place; such sentiment and obligation to the both physical and social survival of the population is sound and legitimate. However, Israel, as a nation, is in a tough spot: geologically, it is located in the Middle East, sitting on what used to be considered Palestinian territory; due to the Diaspora, new—not wholly new, but post-Diaspora new—groups settled in the region, and the founding of the nation is inherently in conflict with the both settler’s right to live. Due to the Middle Easternism and its hostility to the West and the Israelites originating f rom the West in concept [sic], Israel’s fundamental existence is threatened (Drake, ). As a result, whereas the Palestine-Israel conflict is situated in post-Cold War era that marks the decline in the physical military front, the foreign policy of Israel for the most part still adopts classical concept of security; alas, Israeli government always tried to incorporate human security concerns to be dealt during the peace processes with surrounding Middle Eastern countries, however short, which shows that the IsraeliShow MoreRelatedEssay on Israeli Settlements1872 Words   |  8 PagesAbbas, sent a letter to Israeli Prime Minister Benjamin Netanyahu indicating the only way the Palestinian Authority would agree to move forward with peace talks is if Israel would agree to freeze the building of settlements in the West Bank1. Israeli settlements in the West Bank have become the largest obstacle in negotiating a two-state solution and it appears the continued expansion of Israeli settlements may render a two-state solution impossible. Inside the Israeli government following theRead MoreIsraeli Settlements And The New U.S. Administration. The1171 Words   |  5 PagesIsraeli Settlements and the New U.S. Administration The focus of this essay will be the construction of new Israeli settlements in the West Bank region and whether or not Israelis think the Trump Administration supports these new settlements. This is an important topic because Israeli settlement building has been a major issue preventing Israelis and Palestinians from coming to a peace agreement. Also in Assignment 1, I referred to this issue as a possible limitation to my prospective trip to JerusalemRead MoreYear Land Size West Bank Share Essay1011 Words   |  5 PagesGhanyem (2001). The shares data are computed based on the West Bank land area of 5640 km2 (World Fact-Book, 2001). Israeli governments have supported settlers in various ways, including providing them land, cheap mortgages, tax reductions, grants, subsidies and employment and deplying IDF to guard settlements. In per capita terms, the government has invested more in the settlements than in Israel propers. In the 1990s for example, 5.3 m of road per person were paved in Israel proper. compared withRead More1967 Six Day War903 Words   |  4 PagesDay) War for Arab–Israeli relations On the 23rd May 1967, the Israelis declared war on the Arabs due to the blocking of the straits to Israeli shipping. The 1967 Six Day War had a major impact on Arab-Israeli relations. This is due to Israel gaining control over the occupied territories, large increases of Jewish settlement in the occupied territories, the increase of Israeli military in the Middle East. The Israeli occupation of Arab territories had a large impact on Arab-Israeli relations. ThroughRead MoreThe Palestinian People Can Move Freely Through Palestine Essay1573 Words   |  7 Pagescomprised of small detached Palestinian areas within a continuous Israeli-controlled region (Le More 984). For eventual stability, Israel must relinquish its control of the West Bank and Gaza. The occupation creates the conditions for Palestinian hatred of Israel, especially when Israel bans travel between Palestinian villages in the West Bank through the presence of military personnel and checkpoints (Hadid Sengupta). Israelis need to let Palestine be a state, and if they support its developmentRead MoreConflict In Israel, Israel And The Arab War925 Words   |  4 Pagesthe objection from arab nationalists. This resulted in the Israeli-Arab War, with the surrounding nations of Syria, Egypt, Jordan, Iraq, and Saudi Arabia declaring war on the new jewish state with the hopes of creating a uni fied arab Palestinian state. Israel won the war in 1948 but in the process pushed far past their borders proposed by the UN plan, taking Western Jerusalem and claiming much of the land promised to Palestine. The Israeli occupation expelled thousands of Palestinians from their landsRead MoreEssay On Israel1193 Words   |  5 PagesOn the first night of the talks, September 5th 1978, Carter met with Begin to discuss the Israeli proposal for peace. Begin asserted that Israel’s highest priority was guaranteeing security to its people, which included keeping Israeli settlements in the Sinai territories. Additionally, Begin wanted to retain Israeli airfields in the Sinai for between 3-5 years, after which Israel would agree to a general demilitarization of the region. Carter found Begin’s proposal to be inflexible and discouragingRead MorePoll Result Analysis: Israel-Palestine Two-State Solution1086 Words   |  4 Pageshave placed a positive spin on the figures, but the re remains a substantial and highly vocal portion of the Israeli public that does not support a two-state solution. Other polls have shown even more dismal support for a Palestinian state and left-of-center policies in general. According to NPR in 2010: if elections were held today, left-leaning Labor, the party that used to control Israeli politics, would only get nine seats in the 120-member Knesset. Left-leaning parties in all would only get aboutRead MoreThe State of Israel and The BASEL System1579 Words   |  6 PagesPalestinians. They thought that this favored the Jews and was unfair to the Arabs that would inhabit the Jewish territory that would be under the partition (The Arab-Israeli War†¦). This United Nations resolution triggered conflict between the Jewish and Arabs communities in Palestine. The Arabs began attacking Jewish cities, settlements, and armed forces. The Arabs only wanted to stop the resolution that would take their country from them. On the other hand , the Jews wanted to seize control of theRead MoreThe Israeli Palestinian Conflict : Israel Palestine Conflict Essay1516 Words   |  7 Pagesoccurred with the swift Israeli victory in the 6 day war of 1967, when Israel occupied the territories. Israeli occupation of the Palestinian territories bar Gaza strip ( territorially miniscule) has morphed into a sort of colonialism as Israel has buil a number of settlements on the territories it found in control of after 1967, which practically amounts to an annexation of the land. Therefore, the current Israeli-Palestinian conflict is essentially a conflict over Israeli colonization, the only

Tuesday, May 12, 2020

Education And Its Influence On American Education

Graduate Education today shows traces of its European ancestors. The influences range from Greece, Egypt, Italy, Spain, and many others. American education has evolved and manifested throughout the thousands of years of its existence. We can directly trace the roots back to our European ancestors, with the education that exists today in America. Higher education’s journey began in Greece in 387 BC by Plato. The only thing offered at this first educational establishment was an advanced study in philosophy. From this basis, more higher education facilities began to be erected, from 387 BC to the 17th century .The ancestors of graduate education were constructed throughout Palestine, Babylonia, Indian, China and Korea. Most systems either taught religious aspects or philosophy. Like today, many higher education schools are still religious based, even though they offer numerous amounts of studies, they are still based around religion studies and incorporate it into every line of study at the university. Higher education in America today offers many concentrations of study, but each university has a specific concentration subject that they are known for, such as, liberal arts, education, medical, engineering, etc. This influence on education did not begin until Medieval times. Medieval universities had main areas of study at each facility, some offered liberal studies, while others were focused on music, astronomy, geometry and mathematics. Professional studies included law,Show MoreRelatedThe Influence of Progressive Education on American Schooling Essay1173 Words   |  5 PagesTHE INFLUENCE OF PROGRESSIVE EDUCATION ON AMERICAN SCHOOLING The Progressive Era was from 1890-1919 when President Theodore Roosevelt became predecessor to President William McKinley whom was assassinated. For decades, it has been a controversial debate on how influential Progressive Education is on American Schooling. The Progressive Movement started because of the development of big businesses and corporations as education became a major topic for reformers due to child labor laws and publicRead MoreEducation During The Industrialization Era Essay1274 Words   |  6 PagesEducation During the Urbanization Era The Urbanization Era in American history, 1870-1900, was a time for growth in America. During this era, industry grew in the country. Big changes occurred in technology, big business, large scale agricultural, and much more. Industries were growing and big businesses were booming. All of this was causing growth of population in the cities in the America. This all fueled the economic growth of the country (The Development of the Industrial United States (1870-1900)Read MoreUnderstanding the purpose of american public education Essay1062 Words   |  5 PagesUnderstanding the Purpose of American Public Education American public education has undergone a dramatic transformation over the past several hundred years. This transformation not only includes technology and appearance, but diversity and policies as well. However, an age-old question is still being pondered today. What is the purpose of American public education? Although you may have your own answer for this question; not everyone may agree with you. This is where the problem resides. How canRead MoreThe United States Of America1697 Words   |  7 Pageseconomic capabilities of American businesses, the United States dominates every aspect of worldly power. Yet, there is one field where the United States recently began to falter behind many other modern nations. This field is the education system. The halting and event the reversal of the progress of education will be detrimental to the future of the United States if the problems are not solved soon and continue to persist. To solve the problems that plague the education system, one must identifyRead MoreHow Much Does Socioeconomics Really Impact A Person s Partisanship1332 Words   |  6 Pagesin an individual’s life situation, namely, education occupational status and income† (Lewis- Beck et. al., 2008). We pose the following question: â€Å"Does socioeconomic class/status affect a person’s political identity? We break this up into three categories; Income, Education and Occupation. To better understand how and what affects partisanship, we used the work of Angus Campbell, Philip Converse, et. al., in their book The American Voter and the American Voter Revisited by Lewis-Beck. Both texts provideRead MoreEssay on American vs. Japanese Education Systems759 Words   |  4 PagesEducation Synthesis Essay The educational system differs throughout the world; its viewed and taught differently because of cultural differences. Many cultures view education as a necessity of life therefore family are strict and get more involved in there child’s education. Around the world, education is given to students to prepare them for their future. The American education is considered one of the strongest systems of education therefore many countries the American system. The American educationRead MoreEssay on Foundations of Education1649 Words   |  7 Pages nbsp;nbsp;nbsp;nbsp;nbsp;Among the significant figures in the history of the American Educational System, few have had as much ideological and practical influence as Benjamin Franklin, Thomas Jefferson, Horace Mann, John Dewy, and Johann Pestolazzi. Each altered the course of American education to a degree that the developments made during and after the lifetimes of each of these figures are practically manifested in today’s edu cational environment. In some cases, as with Franklin, much ofRead MoreWhile I Have Elaborated On Why I Believe Education To Be1221 Words   |  5 PagesWhile I have elaborated on why I believe education to be the civil rights issue of our time, does it hold merit? Does the issue of education warrant being discussed in terms of civil rights? In speaking of education in the same area of civil rights, there are two articles that I would like to use in formulating my reasoning. First, I would like to call upon Elizabeth A. Armstrong’s Forging Gay Identities. Then, David Harvey’s Right to the City. While at first glance these two titles might seem inaccurateRead MoreSociopolitical Influences on Education1015 Words   |  4 PagesSociopolitical Influences on Education Introduction Social, cultural and political changes have immense influences on the education sector. This has been witnessed from the onset African and Asian immigration into the United States from 1954 till present times. During the last quarter of the 20th century, immigrants to the US were denied education and those who received education did so under great threats. The dominant view of society about immigrants during this period was extremely negativeRead MoreThe Evolving Role of Government Education Essay1185 Words   |  5 PagesGovernment in Education What are the roles of federal and state government when it comes to American education? The roles of education have evolved from historic liabilities to current liabilities. There are many laws and cases that have had an impact on American education that still has a strong influence on education today such as the debate between church and state, racial desegregation, and education finances. Other impacts as relevant are testing standards and special education programs that

Wednesday, May 6, 2020

The Multifaceted Themes and Symbols in Millers Play,...

Arthur Miller, the author of the play Death of a Salesman, proposes the idea that even an ordinary person can have major tragedies happen to him or her. When something bad happened to the individuals, who were mostly royalty, as portrayed in the great Greek and great Shakespearean tragedies, it affected the whole country. The ordinary person with a commonplace background, however, playing the major role in a tragedy, is a reformation of the older masterpiece, now tuned for modern readers and viewers. The title, which is a clever way to introduce this modern tragedy, gives away that it is not going to be a happy play. Similar to its precursors, the play conveys key morals, such as the evil of lying, the requisite of facing reality, the†¦show more content†¦It is a technique he uses all of his life. He still believes that his sons will â€Å"make it big†, when on the contrary, he did not even teach them the basics of honesty and fairness. Willy’s affair sho ws his unfaithfulness, which is also an inability to focus on accomplishing at least one thing effectively. He avoids reality and becomes the victim of his own weaknesses, as a result, committing suicide. His death marks the end of his lifelong failures, but does not result in the respect he anticipated from Biff, does not show that he had many friends, and does not help his family in their financial struggles. Willy’s two sons, Biff and Happy are very miserable human beings. Biff is the high school football star, but turns out to be a liar and a thief. Willy’s wife describes Happy as a philandering bum, which is a derogatory phrase that means, one who sleeps with many women. The word â€Å"lost† effectively describes Biff, because he cannot even acceptably hold a position in a job. He tells his family that he did not write them, because he was in jail. His financial standing is terrible, because he has â€Å"lied and stolen himself out of every job [he’s] ever had.† Neither Biff nor Happy are a good outcome, contrary to what Willy expects. I do not like Biff because he is irresponsible, and fails to live at a high point beyond high school. He does not strive to do well in his classes while he is in high school, which is a quality I despise. Happy is not

Civil Action Movie Tort Analysis Free Essays

Background A Civil Action entails a major class action suit brought forth by several families against major conglomerates (including W. R. Grace chemical company and Beatrice Foods) that were alleged to have negligently damaged the environment of a small town to the extent that its practices led to the spread of leukemia. We will write a custom essay sample on Civil Action Movie Tort Analysis or any similar topic only for you Order Now Jan, a personal injury attorney, decides to represent a woman that claims that her child and other neighbors of a small town in Massachusetts have been diagnosed with leukemia. The lawyer finds evidence that there were some factors that could have led to the contamination of the town’s water supply by the conglomerates’ factory. In the course of the lawsuit Jan gets other attorneys in his Boston law firm to assist him. Jan spends lavishly for experts, but the length of the discovery process and opposing counsels’ maneuvers stretch all his assets to the limit. Jan concentrates his efforts against the parent company (Grace) since they had personal testimony of a former employee of Grace who had witnessed dumping. The case against Beatrice Foods was dismissed and would then lead the firm to accept settlement from Grace for $8 million. Jan later files for bankruptcy, and the firm is dismantled. Jan then submits the case to the EPA after it concludes, in a report, that both companies had contaminated the wells from sludge removed from the site. Ultimately, due to the lawsuits brought forward by the EPA, Grace and Beatrice Foods are eventually forced to pay for one of the largest chemical clean ups in the history of the United States which cost about $64 million. Brief Analysis for Cause-in-Fact The issue that arises in this plot is whether the conglomerates are negligent for the contamination of the water supplies of the town, and if their negligence contributed to the injuries (leukemia) of the multiple plaintiffs. After finding that there has been a breach of duty, one must consider if the defendant’s conduct was the cause-in-fact of the injuries. An actor’s conduct is the cause-in-fact of someone’s injury where if we can say that â€Å"but for† the actor’s conduct the injury would not have occurred. In other words, the dominant â€Å"but for† test asks: â€Å"if we could go back in time and remove the actor’s conduct, would that have prevented the injury? † In Hill v. Edmonds, the court found that where two causes of negligence combine to produce a single injury, each individual is liable for the entire result even though its act alone may not have caused the result. In that case, the conduct of the truck driver was a ‘‘but for’’ cause of Hill’s injuries. If Bragoli (D) would not have left his truck in the middle of the road, Edmonds (D) probably would not have hit the truck. The minority test was molded in the Anderson case, where it was held that where several causes concur to bring about an injury and any one alone would have been sufficient to cause the injury, it is sufficient if D’s conduct was a â€Å"substantial factor. The court in that case concluded that it would be unfair to deny the plaintiff liability, simply because the plaintiff cannot show that ‘‘but for’’ the negligent conduct of one defendant, the injury to the plaintiff would not have resulted. In this instant case, the conglomerates were likely negligent since they failed to provide a duty of reasonable care in managing the factory in the town, causing detrimental damage to the environment and the town’ s water supply. The question of whether the conglomerates were liable to the families lies on the causation of the leukemia, and whether it can be shown that the water supply contamination was a direct cause-in-fact of the leukemia. Jan was unable to promptly show this causal connection, and his cases against the other two entities involved were dismissed before settling with Grace. It was difficult for Jan to pinpoint the conglomerate’s negligence as a cause-in-fact for the plaintiffs’ leukemia. In fact, in the deposition the defendant’s council articulated that there may have been a wide range of other reasons for the plaintiffs’ cases of leukemia. Everything from family history, food consumption and lifestyles were addressed as possible alternatives. The major difficulty in Jan’s case against the conglomerates lies on causation. The water contamination may have been caused by all the entities involved in the factory near the town’s river. First, it must be shown that the dumped chemicals, especially the industrial TCE, had gotten into the wells. In Anderson, the court reasoned that if a fire set by the Railway’s (D) negligence unites with a fire of an independent origin, there is joint and several liability, even though either fire would have independently destroyed the property. Likewise, even if the wells could have been contaminated by either defendant, the Anderson test will provide that where a plaintiff is injured by the negligent conduct of more than one tortfeasor, each is independently liable if they are each a substantial factor in bringing about the plaintiff’s injury. Grace and Beatrice Foods were both substantial factors to the water contamination. Their negligent management of the factory was evident by the former employee’s testimony that they had dumped materials unto the river. Hence, Grace and the others’ negligence could have all contributed to the ensuing injuries. The problem here lies in whether the water contamination was the cause-in-fact of the leukemia and second, if it had, whether the pollutants killed the leukemia patients. As shown in the movie, the EPA would ultimately prevail in forcing the conglomerates to pay for damages. It may be assumed then that further expert testimony and findings uncovered that the water contamination was indeed a cause-in-fact of the leukemia. If , however, it were not for the EPA’s extensive resources, Grace and Beatrice Foods may have been able to escape liability on the lack of evidence showing that the water contamination was the cause-in-fact of the widespread leukemia. How to cite Civil Action Movie Tort Analysis, Essay examples

Case Brief free essay sample

The Superior Court of Philadelphia County affirmed and Plaintiffs Appealed. The Supreme Court of Pennsylvania affirmed. Issue: Did Defendant owe Plaintiff, at the time of the accident, a duty of care when Plaintiff was one mile away from the scene of the accident? Holding: Where a close relative is not present at the scene of the accident and instead learns of the accident from a third party, the prior knowledge learned of the accident serves as a buffer against the full-fledged impact of observing the accident scene. Disposition: Order affirmed. Legal Rationale: Plaintiffs argues recovery under the â€Å"reasonably Foreseeability† test, which would allow a Plaintiff outside the â€Å"Zone of Danger† to recover, which was adopted in Sinn v. Burd, 486 Pa. 146 (1979). The Court stated in response that the Plaintiff’s flexible interpretation of the â€Å"jurisprudential concept †¦which require[s] that the defendant’s breach of a duty of care proximately causes plaintiff’s injury,† was flawed. We will write a custom essay sample on Case Brief or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Moreover, that â€Å"at some point along the causal chain, the passage of time and the span of distance mandate a cut-off point for liability. † Id. Justice Nix, quoting Justice Andrew’s dissent in Palsgraf v. Long Island R. R. , 248 N. Y. ,352 argued public policy cannot allow the Defendant to be responsible for every unforeseeable proximate cause that consequently results from of the Defendant’s negligent conduct. Justice Nix admittedly quotes Sinn v. Burd, 486 Pa. , that â€Å"the defendant did owe a duty of care to the bystander†¦Ã¢â‚¬  However, he also notes â€Å"[f]oreseeability enters into the determination of liability in determining whether the emotional injuries sustained by the plaintiff were reasonably foreseeable to the defendant. † Mazzagati at. 75. Justice Nix asserts that the Court has adopted the Dillon v. Legg, 68 Cal. 2d 728 () parameters in determining whether the claim for Negligent Infliction of Emotional Distress was reasonably foreseeable. Justice Nix, moreover, quotes that the progression of the law and public policy reveals that: ‘[O]nly a few jurisdictions recognize th e right of the plaintiff witness who did not suffer an impact, was not in fear of his own safety, and those jurisdictions require that the severe emotional distress to the plaintiff result from the direct and contemporaneous observance of the accident. Mazzagati at. 276. Nix favors an obligation definition of â€Å"duty† as opposed to a â€Å"causal sequence of events. † Mazzagati at. 278. In summation, Justice Nix held that the Defendant’s conduct was not negligent because it did not involve an invasion of the Plaintiff’s legal right, therefore making the claim unactionable. [ 1 ]. In Dillon, it was held that a cause of action is stated when the following criteria are met: (1) Whether the plaintiff was located near the scene of the accident as contrasted with one who was a distance away from it; (2) Whether the shock resulted from a direct emotional impact upon the plaintiff from the sensory and contemporaneous observances of the accident, as contrasted with learning of the accident from others after its occurrence; and (3) Whether plaintiff and the victim were closely related as contrasted with an absence of any relationship or the presence of only a distant relationship.

Friday, May 1, 2020

Epic Story free essay sample

Epic Story I’d like to call upon the fiction gods to empower this story to be extravagant. The cold storm carried on with its overwhelming booms from the thunder shaking the house from the outside. Terrified, the blond haired Juliet sat in the corner of her darkened closet attempting to go unnoticed by the intruder stalking around her house. She sat there hugging her legs, praying that he wouldn’t hear her soft whimpers of fear. She listened quietly to the footsteps walking around her once safe home. They began to come closer, she could feel her heartbeat pick up, and he began to slowly approach her inadequate closet hiding spot. Her heart began to beat ferociously. Staring up at the door handle, she knew all of her efforts to escape this ordeal unharmed had been abandoned. The handle twisted, she looked for something, anything to protect herself with, and she came up empty handed. Her parents always found a way to down her because she spends no time with them or her baby sister. The only time mossy and her parents get alone was through them teaching her general skills needed for adult hood. Throughout life mossy had to put with people trying to be her friend because she had a wonderful voice so people would try and use her. She know deep down inside she going to make it big but she has to find somewhere deep down inside to bring her voice out. She never gets calls like normal super heroes. She manly gets quest or challenges. Mossy and her dog frog always sing together they would go out in the shed behind the house and sing their hearts out. Once there done they go back into the house and find something to eat Mossy favorite was butter pecan ice-cream with fresh peaches. Mossy never really watched TV until one day she decided to flip through the channels while eating her ice-cream and peaches. Passing a channel talking about upcoming and rising singers she wanted to take the quest but wasn’t so sure if she should trust it. She wants to have a conversation with her parents but her thoughts were too deep. So instead Mossy decides to run away and take on the challenge. But before she had runaway she pack her bag and says her farewell to frog.