...Running head: Evidence-Based Decision Making and Discovery Paper Evidence-Based Decision Making and Discovery Paper Deanna Green Grand Canyon University: HLT 364 March 4, 2011 Science is a method of discovering, what is a mystery to us out in the universe; how those things may or may not impact the way we live in the future. Essentially scientific discovery is act of finding the truth through a process of speculation or steps. The nature of science is relatively vital and ongoing, expanding our knowledge of the world around us. Ensuring that the knowledge of science is credible, evidence is required to prove or disapprove the basis of the scientific argument. Scientific research is reviewed and constant evaluated and judge whether their conclusions are valid. “Test results and/or observations that may either help support or help refute a scientific idea. In general, raw data are considered evidence only once they have been interpreted in a way that reflects on the accuracy of a scientific idea”(University of California Museum of Paleontology, 2011). Evidence significantly impacts the scientist community in more ways than one; accepting established theories are harder to accept and must provide evidence to back up their claims, as hard data. Same is true with effective business planning, ideas must flow together and examine key objectives, as well rationale a chosen selection for an argument over other alternative ideas. Essentially business planning is explanation...
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...Administration, California State University, in Sacramento, where Donald L. Carper is a professor emeritus of legal studies in business and conflict management, and John B. LaRocco is a professor of law. Prof. Carper is also an arbitrator and mediator and Prof. LaRocco is a labor arbitrator, mediator and fact finder. He serves on the American Arbitration Association’s labor panel. hy one might choose to use an alternative dispute resolution (ADR) process to resolve a legal problem is an interesting question, but it is not the focus of this article. Instead, it focuses on the fundamental attributes of litigation and explores whether these attributes are present in private arbitration and mediation. The purpose is to help people make an informed decision about the process they wish to use to resolve their dispute. This comparison also could help designers of ADR systems identify and preserve attributes desired by parties and jettison those that are not. W DISPUTE RESOLUTION JOURNAL 49 LITIGATION AND ADR We grew up when litigation was the main avenue of dispute resolution. Arbitration was not then accepted by the courts. The attitude of the time toward righting wrongs was to litigate. The phrase “sue the...
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...Evidence to Action: A Model Analysis Tera J. Gwaldis, RN St. Johns River State College July 8, 2015 Discussion In order to understand evidence-based practice (EBP), it is important to recognize that EBP is detrimental to the quality improvement of patient outcomes while also helping to control the cost of health care. EBP is an approach to problem-solving and clinical decision- making that incorporates the best available evidence from well-designed studies based on clinician experiences and patients’ principles, values and preferences (Melnyk & Fineout-Overholt, 2015). The assessment of the effectiveness of EBP models can help to decide which models would be most practical and applicable to the actual practice setting. The Iowa Model of Evidence-Based Practice stands out as a model that will be carefully deliberated for the reason that it can be used successfully to initiate a practice change at the unit and organizational levels. The Iowa model is used throughout a multitude of clinical and academic settings. This model merges research utilization and quality improvement using processes that are innately clear and logical to nurses and is unique in that it uses the concept of “triggers” meaning that evidence-based practice may possibly be prompted by either facts or data from an outside organization, or by specific clinical problems (Brown, 2014). The Ace model uses an interdisciplinary approach for conveying knowledge for use in healthcare and nursing practice...
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...back in court while also trying to defend yourself. Then a counterclaim can be filed by the defendant if they have an independent claim against the plaintiff. The second stage is Discovery. This includes depositions which entails the parties of deposing or interviewing under oath before the start of the trial. There are a few types discovery. One is written discovery which has its own two forms; Interrogatories and Requests for admission. Interrogatories are the questions that in your own version of the claims. Requests of admission mainly ask the party to deny or admit to the facts stated in the claim. Penalties can come about if not answered, or answered if false manner. Discovery can also include subpoenas from the court ordering individuals or organizations to produce certain documentation, interview under oath, or answer any written questions which would be the second form of discovery. The third is depositions. This involves a court reporter transcribing your sworn statement from the questions asked by the attorney/s. The third stage is Motions. This is an application or a request to the court regarding or asking for a ruling. This includes different types that may occur in a civil suit. One is to compel when a party is not cooperating by not producing any necessary documents, evidence, or other...
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...attempts to attack Cuba and to equalize the nuclear strategic balance of power. (Cimbala, 1999). The Movie, Thirteen Days (2000), directed by Roger Donaldson, depicts the tension that the crisis provoked and illustrates how foreign policy was made, which ultimately ended with SU’s withdrawal and removal of the nuclear missiles in Cuba. Thirteen Days began with the discovery that Russia had deployed nuclear missiles on Cuba, with evidence from the U2 photographs captured. This was an impermissible security threat; and the outcome of responses to that threat could lead to a nuclear holocaust. The main thesis of the movie is that, strategic decisions are not made individually or based exclusively on a rational deliberation of evidence, but is embedded in a web of complex organizational undertaking. US Response to the SU emplacement of missiles in Cuba The sequence of action unfolds over a course of 12 days and is illustrated through the three major models of decision-making in the field of Organizational Theory – the Rational Actor Model, the Incremental Decision-Making Model (the Organizational Decision-Making Model) and the Kingdon’s adaptation of the Garbage Can Model. In response to the Cuban missile threat, the Executive Committee of the National Security (ExComm), comprised of President Kennedy and his most trusted advisors of the American military and intelligence establishments; was formed to tackle the crisis...
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...view to give speedy justice to the people and also to avoid unnecessary court case expenses. It is an informal dispute settlement mechanism. Bangladesh has recently enacted a new arbitration law, known as “The Arbitration Act, 2001. The Act came into force on April 10, 2001. The Act has repealed The Arbitration (Protocol and Convention) Act, 1937 and The Arbitration Act, 1940. With this new enactment Bangladesh has kept pace with the recent trends in the field of international arbitration in the rest of the world. According to the topic of this assignment, I also agree that although arbitration was introduced for settling dispute but it is not serving it purpose entirely and precisely. Now I’m going to discuss about the reasons which are making difficulty for arbitration to serve its purpose completely. Meaning of Arbitration: Before discussing about the ineffectuality’s of arbitration, first we should briefly know what Arbitration really means. The word “Arbitration” means mediation, negotiation, adjudication etc. This means settlement of arguments, disagreement, and clash between two parties. It is a process in which a disagreement between two or more parties is resolved by impartial individuals, called arbitrators, in order to avoid costly and lengthy court case or legal actions. Arbitration is the most traditional form of dispute resolution. Arbitration is a binding procedure. It is often administered by a private organization that maintains lists of available...
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...Assignment # 1 Evidence-Based Policing Abstract [This paper talks about evidence based-policing. I describe evidence based-policing and discuss and analyze the advantages and disadvantages of evidence-based policing. I also discuss about examples of where evidenced based policing has been utilized and summarize the impact and consequences. This paper explains a great deal of information with evidence-based policing and how it has evolved.] Evidence-based policing is “The use of the best available research on the outcomes of police work to implement guidelines and evaluate agencies, units and officers” (Schmallager, 2011 pg.157). Evidence based policing uses research into everyday police procedures to evaluate current practices and to guide officers and police executives in future decision making, (Schmallager, 2011 pg 158). Evidence-based policing has been dated back to the discovery of police officers. Countries have done tests on different areas to gather more information concerning that area. For example, in Britain, the government invested heavily in police resources. However, they did not establish how to obtain best value the money in deploying those resources. Even today, evidenced-based policing is gaining traction and has been called the single “most powerful force for change” in policing today, (Schmallager, 2011 pg. 159). The organization of American law enforcement has been called the most complex in the world. There are three major legislative and judicial...
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...Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 1988 Discovery in Labor Arbitration Laura J. Cooper University of Minnesota Law School, lcooper@umn.edu Follow this and additional works at: http://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Laura J. Cooper, Discovery in Labor Arbitration, 72 Minn. L. Rev. 1281 (1988), available at http://scholarship.law.umn.edu/ faculty_articles/307. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose...
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...criminals have the right to a trial by impartial jury of the state, in which the person allegedly committed a crime (Right to Jury Trial, n.d). The jury is a group of citizens selected from the state randomly, to decide whether or not the accused criminal is guilty or not guilty. Once the jury has heard and reviewed the evidence, it is their duty to determine the faith of the accused by rendering a verdict of guilty or not guilty. Although, this criminal process ends with the verdict of the jury, it all begins when a person is arrested by law enforcement for committing a crime. Once an arrest, the accused individual is booked. During the booking course the person is advised of the charges, paperwork is completed stating the offense including the person’s name, birth date, social security number and other personal information of that nature. Shortly after, the individual will be fingerprinted and photographed upon booking (Worrall, 2012). From that point forward, the person is detained for the following court procedures that include the initial appearance, the pretrial process, and the preliminary hearing. In addition to those steps, the arraignment and discovery process follows (Worrall, 2012). In the course of the initial process, the defendant stands before a judge and is informed of the former charges, as well as acknowledged of his or her rights not to incriminate his or herself. Moreover, the defendant is given the right to be appointed by an attorney if needed (Worrall...
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...Angela Brown BUS/415 January 15, 2012 Week 2 Dr. Thomas Wilson Abstract Tanya owns a trucking company in the state of Denial, and is unhappy about the additional expense that will be imposed on her business due to the state of Confusion’s enacted statue. The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. The hitch is manufactured by only one manufacturer in Confusion. Tanya is filing suit against the state of Confusion to overturn this statute. I will discuss what court will have jurisdiction over Tanya’s suit and why. I will also discuss if the Confusion statute is constitutional, and my legal reasoning behind it. I will explain the provisions of the U.S. Constitution that will be applied by a court to determine the statute’s validity. In addition, I will explain if Tanya is likely to prevail on her suit and my reasoning behind it. Finally, I will discuss in detail the stages of a civil suit. State of Confusion Paper Tanya owns a trucking company in the state of Denial, and is filing suit against the state of Confusion because of their statute requiring all trucks and towing trailers to use a specific manufactures truck hitch when using their highways in Confusion. Tanya is filing this suit because it affects her business, and the additional expenses it would incur. The court that would have jurisdiction over Tanya’s case would be the federal court. A case may be brought in federal...
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...legal work, the kind of work that lawyers do with certain limitations and prohibitions. Based on my own personal skills such as filing of small claims, paralegals are engaged in real legal work, provided as paralegals are appropriately supervised, the lawyers for whom paralegals work are able to engage in other legal work. I like litigation practice because paralegals are of service to the clients. Clients will receive a smaller bill when legal assistants are used effectively because the work of legal assistants is billed at a lesser rate than that of lawyers. The use of paralegals allows more members of society to be able to afford legal services, while at the same time allows employing lawyers at private law firms to increase their earnings. Paralegal is a highly demand profession which makes me reflect that litigation practice is a rewarding career. 2. As a paralegal what documents should you attempt to obtain before a lawsuit is filed during the informal fact-gathering stage? What sources are available to you to locate these documents? The attorney’s work product, now called “trial preparation materials.” Trial preparation materials include any “documents and tangible things” that were “prepared in anticipation of litigation” by another party or that party’s “representative.” It is only a “qualified privilege” and based upon a showing of “substantial need.” Discovery should be carried out in the following order: 1. Interrogatories 2. Requests to produce...
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...LSTD 207 Final Exam Answers Follow Below Link to Download Tutorial https://homeworklance.com/downloads/lstd-207-final-exam-answers/ For More Information Visit Our Website ( https://homeworklance.com/ ) Email us At: Support@homeworklance.com or lancehomework@gmail.com LSTD 207 Final Exam Part 1 of 1 – 100.0 Points Question 1 of 30 2.5 Points A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered. True False Feedback: See pages 118, 120-121. A defendant must raise objections to venue, personal jurisdiction, and form and method of service of process in their first response to the complaint (pre-answer or answer) or the issue is waived and may not be reconsidered at a later time. Question 2 of 30 2.5 Points A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially. True False Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court. Question 3 of 30 2.5 Points Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously? A.Yes B.No Feedback: A motion to dismiss is asserted prior to the answer (as an alternative to an answer) or in...
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...IMPORTANCE AND CURRENT ISSUES OF DECISION SUPPORT SYSTEM Cynthia P. C. Lee Abstract This paper emphasized on the Decision Support System (DSS) defined in various ways depending upon the author’s point of view by Turban (1995), Little (1970), Moore and Chang (1980), Keen (1980), and Power (1997); history of DSS during late 1950s and early 1960s until millennium approached of Web-based analytical applications; the Decision support system (DSS) has been used in many different ways (Alter 1980, Power, 2002). Turban (1995) defines it as "an interactive, flexible, and adaptable computerbased information system, especially developed for supporting the solution of a nonstructured management problem for improved decision making. It utilizes data, provides an easy-to-use interface, and allows for the decision maker's own insights." For Little (1970), a DSS is a "model-based set of procedures for processing data and judgments to assist a manager in his decision-making." Moore and Chang (1980) define DSS as extendible systems capable of supporting ad hoc data analysis and decision modeling, oriented toward future planning, and used at irregular, unplanned intervals. importance of DSS to assist in high-level decision-making, assist academic advising staff, improve the quality and timeliness of marketing decisions, and medical diagnosis process; and current issues of DSS where decision-making as the most important activities for human beings, Clinical Decision Support Systems (CDSSs)...
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...violate Patino's Fourth Amendment rights by viewing text messages without a warrant. Officer Kite viewed a text message on the phone, which was owned by Trisha Oliver, reading "Wat if I got 2 take him 2 da hospital wat do I say and dos marks on his neck omg." The message was sent from Oliver to Patino, although the sending of the message apparently failed. There were other messages on the phone "with profane language and references to punching Marco—three times—the hardest of which was in the stomach," according to court records. Patino was arrested and charged with murder. Kite claims he picked up the phone because it was "beeping," and that he thought it might help get in touch with the boy's birth father. THE COURT’S DECISION Later on during the discovery phase of the case, Rhode...
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...Thesis Statement: Strategic Management is Vital in Solving Resource-based Conflict Introduction Conflict, and conflict management are inherent and unavoidable elements of strategic management. Due to the involvement of the various stakeholders in both the internal and extern al environments who have differing perspectives as well as agendas in the multiple stages in strategic management process, and overall, the organization’s operations, conflict will manifest itself. In some scenarios conflict presents itself as a part of the methods and processes applied to develop strategic outcomes such as positioning strategies, or as outcomes stemming from strategic decisions made by management, and finally, in their implementation. In resource-based conflict, particularly those that involve rare earth elements such as the conflict that evolves around the discovery of oil in Turkana by Tullow Oil, it is important to understand the background of the conflict from a strategic management perspective. The Resource Based View (RBV) proffers that the competitive advantage of a firm or organization is largely dependent on the application of the bundle resources at its disposal. In mentioning competition, which is a subset of conflict, this sets the pace for making sense of why there is always a sense of conflict around resources. The Resource Based View provides a set of criteria for the evaluation of these resources, known as the “VRIN”...
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