...Theory to Practice David Dwight Sandoval Contemporary Law/421 January 15, 2015 Mrs. Monica Arvelo/University of Phoenix Theory to Practice Below are questions 1 through 6 based on the scenario “Theory to Practice”: Question 1: At what point if ever, did the parties have a contract? Answer: An contract/agreement was started with Chou. BTT paid him $25,000 in exchange for negotiation rights for 90-days. Before the agreement was drafted by Chou, a BTT manager sent Chou an e-mail repeating the key terms of the distribution agreement including price, time frames, and obligations of both parties. Chou believed that the email was meant to replace the earlier notion (draft contract). This contract was in place when it was sent from BTT to Chou. Terms have been agreed upon …this is an enforceable contract between both of the parties. Question 2: What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? Answer: One fact that may weigh in favor of Chou, is the fact that there was a monetary agreement (BTT paid Chou $25,000/exchange for exclusive negotiation rights) between BTT and Chou. Since an email was used to send for the forms of communication between the parties, the Uniform Electronic Transactions Act (UETA) possibly could be used for legal implications in favor of Chou. One fact that may way against Chou, is the fact that a written agreement was not established before the 90-day period. The exclusive negotiation...
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...PGCE Educational Psychology: Theory in Practice Rhodes University, 2011 By Nicole Messias With reference to any aspect of Childhood Development and Educational Psychology, critically discuss what you think will be the major challenges to you as a teacher in the South African context and reflect on your own development as a learner in relation to the theory; • Developmental Stages – Piaget – Erikson – Kohlberg The way in which teachers are educated and supported to meet the challenges of the 21st century has huge influence on their ability to manage their classroom dynamics. Thus teachers need to engage with resources that enable them to provide substantial attention to learners, learning, and human development. Knowledge of the domain of educational psychology is a central resource to the teaching enterprise and to the preparation of teachers. Teacher who have knowledge of the psychology of learning, development, and instruction are better able to facilitate the learning and development of each individual student as they possess a broad and deep understanding of children, the subjects they teach, the nature of learning and schooling, and the world around them. As a student teacher specializing in the foundation phase of learning I have decided to investigate...
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...Chapter Six, pg. 155 The parties had a contract originally for 90 days, when BTT paid Chou $25,000, in exchange for exclusive negotiation rights. Within that agreement, there was no distribution contract unless it was in writing. Secondly, the parties had an oral agreement 3 days prior to the 90-day negotiation time period. However, the stipulation clearly stated that the agreement was to be written for a distribution contract. The facts that may weigh in favor of Chou are that before the 90 day period ended, they came to an oral agreement, which led to the initiation of a written contract. However, what might count against Chou is the fact that there were never signatures or a final written signed contract. Yes, communicating by email is legal and a very important part of businesses today. According to the Uniform Electronic Transaction Act, electronic documents and signatures are fine. Because both parties agreed upon terms via email, the law could enforce the contract. The statute of frauds does not play a role. BTT and Chou had a services contract, there were no goods sold. Additionally, the contract for distribution never was signed, BTT definitely could not really avoid this contract, due to the fact there was communication and offers on their part. Chou possibly cold avoid contract since there was no signature on the terms. Chou would have a great benefit should BTT decide to distribute out the game, Strat. BTT would benefit as they’d pass on the distribution...
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...USE PARAGRAPH (1.1) TO ANSWER QUESTIONS 1 – 6: 1.1 Big Time Toymaker (BTT) develops, manufactures, and distributes board games and other toys to the United States, Mexico, and Canada. Chou is the inventor of a new strategy game he named Strat. BTT was interested in distributing Strat and entered into an agreement with Chou whereby BTT paid him $25,000 in exchange for exclusive negotiation rights for a 90-day period. The exclusive negotiation agreement stipulated that no distribution contract existed unless it was in writing. Just three days before the expiration of the 90-day period, the parties reached an oral distribution agreement at a meeting. Chou offered to draft the contract that would memorialize their agreement. Before Chou drafted the agreement, a BTT manager sent Chou an e-mail with the subject line “Strat Deal” that repeated the key terms of the distribution agreement including price, time frames, and obligations of both parties. Although the e-mail never used the word contract, it stated that all of the terms had been agreed upon. Chou believed that this e-mail was meant to replace the earlier notion that he should draft a contract, and one month passed. BTT then sent Chou a fax requesting that he send a draft for a distribution agreement contract. Despite the fact that Chou did so immediately after receiving the BTT fax, several more months passed without response from BTT. BTT had a change in management and informed Chou they were not interested in distributing...
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...Applying Theory to Practice Over the past decade, youth, and individuals under the age of 18 antisocial Mary Jo Buttafuoco had no idea that on answer and violence behavior has become a grave global concern and a top political policy issue being sensationalized by media coverage of rare but devastatingly murder crimes being committed by young individuals at school, homes and other social places. The increase of media reports of notorious murder by young people may skew the public perception of its actual prevalence. In our case study, we look at Mary Jo Buttafuoco who is murdered by a teenage girl at her home on Adam Road West Long Island, N.Y., on May 19, 1992. Moral Development Theory explanations of delinquency in which propositions identify certain concepts and describe and how they are related to delinquent behavior, this theoretically predicts relationships that may be tested through research. For instance, one simple proposition of differential association theory is that attitudes favoring delinquency may be learned in the context of inmate personal groups, in our case, the girl suggests to Mary Jo that they should have a talk about her husband, where she notices a car with a young man of which the girl claims to be her boyfriend. Mary Jo becomes upset and orders the girl to leave. The girl shoots her in the head without a second thought (Regoli, Hewitt, & DeLisi, 2014). The predicted relationship portrayed here is that youths develop attitudes, in this case we find...
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...THEORY AND PRACTICE OF ETHICS CHAPTER 1 PHILOSOPHY & ETHICS REACTION PAPTER Ethics is the study of morality, also known as moral philosophy, a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong behavior. Chapter 1 gives the overview of the course, from definition to example, areas and the important terminologies needed in order understand the whole concept in practicing ethics. Like of those, Epistemology, the study of knowledge, Metaphysics, the study of nature of reality and so on so forth that has something to do with the issue of morality and how we are going to apply it in the concept of belief “religious belief” as well as in the world of Christianity today. This chapter gives also the approach on how to study morality, could be like Scientific, Philosophical or Synthesis approach, not only limited to that area but also its applications that points to directly to the original Moral Law of God, the ten commandments, its nature and how are we going to apply it to our fellow men or we called that Social Morality. This chapter also gives the idea how & where morality starts, accordingly it has 3 possibilities where and how does exist or came from. It explains here every possible theory to explain the subject matter, can be subjective or objective. However, the explanation tells also that culture may give man’s contribution when it comes to moral issues. Customs and traditions are effective and helpful...
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...Licensed to: iChapters User Licensed to: iChapters User Management theory and practice, sixth edition Copyright © Gerald Cole 2004 The Thomson logo is a registered trademark used herein under licence. For more information, contact Thomson Learning, High Holborn House; 50-51 Bedford Row, London WC1R 4LR or visit us on the World Wide Web at: http://www.thomsonlearning.co.uk ___________________________________________________________________ All rights reserved by Thomson Learning 2004. The text of this publication, or any part thereof, may not be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, storage in an information retrieval system, or otherwise, without prior permission of the publisher. While the publisher has taken all reasonable care in the preparation of this book the publisher makes no representation, express or implied, with regard to the accuracy of the information contained in this book and cannot accept any legal responsibility or liability for any errors or omissions from the book or the consequences thereof. Products and services that are referred to in this book may be either trademarks and/or registered trademarks of their respective owners. The publisher and author/s make no claim to these trademarks. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library ___________________________________________________________________ ISBN...
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...Norwegian School of Leadership and Theology Life Essay Course Name: VEL1010E Value-based Leadership in Organizations Name of Student: Prakash Lamichhane Title of Essay: Leadership Theory and Practice Number of Words: 1728 Date:26/09/14 Leadership is seen in every organizational structure. There is no universal definition of leadership. Many have defined the term in various ways. Leadership in simple terms means leading people towards goal but it is a understanding in a nutshell. What is leadership? Leadership is not merely having a vision (Maxwell,2001), also is a process and having influences in a group towards common goals (Northhouse,2013). Leadership is a influence upon relation within followers and leaders to seek changes which takes to common goal (Rost 1993). Weathersby (1999, p.5) suggests: “Leadership focuses on the creation of a common vision. It means motivating people to contribute to the vision and encouraging them to align their self-interest with that of the organization. It means persuading, not commanding”. Hence leadership can be a process, an influence which works in a group with vision to achieve relevant goals. Purpose of the essay: This paper is written to compare and contrast situational, transformational and servant leadership theory and practices and the area of their strength and weakness. There are several leadership models or approaches that have emerged with the passage of time. Transactional, situational, transformational and servant among...
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...Philosophical Theories and Practices Katrina D. Braggs Argosy University Abstract In this exercise, the writer was asked to explore the philosophical theories and practices of four of her colleagues. She will select and define Realism and Perennialism and explain how each teacher demonstrates their beliefs in these theories and how they apply them in their teaching. Her purpose will be to show how these modern day educators skillfully use the historical teachings and methods to instill a progressive education in their students. She will discuss two colleagues per theory and offer a comparison and differentiation in their methods. Keywords: realism, Perennialism Philosophical Theories and Practices The writer selected colleagues one and two based upon the theory of Realism in education. According to Pulliam and Van Patten, realists believe division between objects and form does not exist and humans know reality through examination of objects and through reason. Colleague I is a fourth grade teacher whose classroom consists of a mixture of average and below average students from mostly low-income families. Due to these demographics, she finds it imperative to use experiences familiar to the students to effectively convey the subject matter at hand. She presents all objectives in a simple and concrete manner prior to instruction for learner attainment before moving on to that which is more complex and abstract. The materials are highly precise and there is no guess...
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...EMPL 3270: NEGOTIATION – THEORY & PRACTICE RESEARCH ESSAY Q2: According to Fells (2012, p.207) “As a negotiation unfolds, it is easy to attribute any behaviour, particularly behaviour that is different to your own, to culture and so ignore the many similarities”. Consider this statement with reference to contemporary research on cross-cultural negotiation and use examples to illustrate your analysis Introduction: Former President and charismatic leader of the United States John F. Kennedy once stated that, “We cannot negotiate with people who say what's mine is mine and what's yours is negotiable” (Kennedy, 1961). This timeless quotation epitomizes and typifies in essence what can commonly be regarded as cooperative negotiation. Formally, the term negotiation is commonly defined as two or more parties or groups deliberating amongst each other endeavoring to achieve a decisive result, which is mutually beneficial for both entities. When considering the process of negotiation across contrasting geographic locations or countries, negotiators have to understand the repercussions which heterogeneous cultures have in the final outcome of a potential deliberation. Culture is defined as the ‘unwritten rules of society’ (Hofstede et al, 2010) and most typically refers to those characteristics or values, which are unconsciously embedded in a large group of citizens through the ongoing processes of tradition and various forms of education. Understanding the pertinence of cultural...
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...MANAGEMENT AND LEADERSHIP THEORY AND PRACTICE BSAD 550A – Fall 2011 – Test I Directions: All students must read the material related to Part I and answer question one and either question two or three (40 points each, 80 points in total). Please answer any two questions in Part II from numbers four through six (60 points each). You should be able to answer each question in about one typed page. Please be direct with your answers. Part I Please read the following case and answer question one and either question two or three question on the next page. Please be as direct and to-the-point as possible, and remember to use correct grammar and punctuation. According to a 1996 fiscal report in the Wall Street Journal, venerable Chicago-based Quaker Oats Company was in the midst of a financial downturn caused by serious planning snafus. In particular, Quaker had lost $47.8 million in the second quarter of 1995, largely because of restructuring charges necessitated by its Snapple division’s poor performance and the company’s unsuccessful efforts to improve overseas sales. Quaker did not expect 1996 to be any better. Throughout the 1900’s Quaker Oats was in many businesses including Aunt Jemima pancake flour, Cap’n Crunch cereals, Fisher-Price toys, restaurants and candies. Until 1990 Quaker was still adding new products – everything from clothiers and opticians to Stokely-Van Camp, Gatorade, and Gaines dog food. A prime acquisition was Anderson Clayton & Company...
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...The creative leadership questionnaire sets out to measure management and leadership skills and the style by asking behavioral and situational questions of different aspects in management and leadership. These behaviors are called competencies. According to the report, “competencies are sets of behaviors or behavioural repertoires encompassing skills, knowledge, abilities, and personal attributes.” As I was reading the questions, I did my best to answer them honestly so I can get the most accurate results possible. This is what I have learned. The most important thing that I have learned and which is also stated in the ‘Introduction” section is that, “Psychological test do not measure the whole you which is why they need to be interpreted in the context of other information about you.” With that in mind, I have reviewed and analyzed the report to see if it truly reflects my current management and leadership styles and behaviors. In the section titled, “Leadership Level,” my scores ranged from 5 to 8 with the average score of 6 on the CLQ key factor scale. This indicated that based on my responses, I’m just as effective as the average manager. The CLQ report suggested that I need to improve my management competencies and skills to have a competitive edge which will prepare me for more challenging management and leadership positions. I absolutely agree with this finding. Currently as a personal banker, I lack the ability to grow and improve my management skills because my current...
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...Unit #1, Question #2: Differentiate between judicial, administrative and legislative forms of sentencing. To differentiate between judicial sentencing, administrative sentencing and legislative sentencing we must first understand the different types of sentencing models and sentencing options that are available. The two primarily used sentencing models are indeterminate sentencing and determinate sentencing. In indeterminate sentencing, judges have a wide range of discretion when it comes to sentencing subjects for the crimes they have been convicted of. Commonly, judges would sentence a subject with a minimum and maximum amount of time to be imprisoned (for example 5 to 10 years). After the subject was incarcerated and had served the minimum number is years in the sentence, a parole board would review the inmate’s records and could decide to release them at that time or keep the subject incarcerated. In determinate sentencing, the offender is sentenced to a fixed amount of time (for example 5 years). The offender would then serve the total 5 years prior to being released. In this type of sentencing there is no review of the inmates records and no release by the parole board. Within those two types of sentencing models are six types of sentencing options that judge’s typically use. The sentencing options are; economic sanctions, probation, intermediate sanctions, short-term confinement, imprisonment and capital punishment. After having an understanding of the basic...
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...Role and Functions of Law Kenneth Myers Sr. Business Law 421 August 26,2013 Jeanne Cycan Role and Functions of Law Laws are created to regulate peoples behavior, which leads to a society that runs efficiently. According to the dictionary, the first definition of law is "a rule of conduct or procedure established by custom, agreement, or authority". Laws is a small word that can be defined in many different ways The word is small but the implications of the word are vast. Law continues to grow and expand. There are several types of law: constitutions, statutes, common law, equity, administrative regulations and decisions, treaties, ordinances, and executive orders. Constitution is the fundamental law of a nation, state, or society that establishes the authority and responsibility of the government and assures the people's rights. A statute is a law enacted by government. Some Laws are open to reason and interpretation. Laws are comprised of statutes and precedents, leading to rules that tell how to act in business and society. Laws also supply ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting...
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...Daryl Loh Zhen Zhe 25903969 tutorial 23 Q1. Company name: Monash University Malaysia (http://www.monash.edu.my/) Monash University is the first foreign university to be established in Malaysia. It is established in 1998 and located in Bandar Sunway. Competitors: * Taylor's University (http://www.taylors.edu.my/en/university/) * The University of Nottingham (http://www.nottingham.edu.my/index.aspx) * Help University (http://www.help.edu.my/) Suppliers: * Sunway Property (Property) (http://www.sunwayproperty.com/pd/) * Sunway Construction Sdn Bhd ( Construction works) (http://www.sunway.com.my/suncon/) * Atlas Vending (M) Sdn Bhd (suplply vending machine) (http://www.atlas-vending.com/) Intermediaries: * GTI Media Sdn Bhd (Marketing services agency, established a brand name doctorjob.com.my which help to advertise Monash Univeristy Malaysia) (http://gtimedia.asia/) * Sureworks Sdn Bhd (Marketing services agency, organise educational fair to help promote Monash University Malaysia) (http://www.sureworks.info/) * IDP Malaysia (Introduce Monash University Malaysia to students as an option) (http://www.idp.com/malaysia/studyabroad) Customer: * People which majority in the category of young adult and adult who seek for tertiary education * International and local students * Undergraduate and postgraduate students Public: * Ministry of Higher Education (government publics) (http://jpt.mohe.gov.my/eng/) * Jeffrey Cheah Foundation...
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