Assessment task title: Essay (Critical Evaluation of Legal)
Details of Task:
"The directors of companies,... being managers of other people’s money than their
own, it cannot well be expected that they should watch over it with the same anxious
vigilance with which partners in a (...partnership...) frequently watch over their own. ...
Negligence and profusion, therefore must always prevail more or less, in the management
of the affairs of ...a company. ( Adam Smith, The Wealth of Nations (Random House, New
York :1937), 700)
Support, refute or refine the above assertion in the light of corporate governance theories.
Critically assess the success of the Codes of Corporate Governance Codes in addressing the
problems identified by Adam Smith.
Word limit: 1900- 2000 words
Criteria for marking: The marking rubric will be posted on Moodle
Learning objectives assessed: 2, 3 and 4
WRITING AN OPINION ON A LEGAL ISSUE
Introduction
The presentation of an opinion on a legal issue will be considered under two heads as follows:
(a) The pre-writing stage; and,
(b) The actual writing.
The pre-writing stage encompasses the collection of data, making notes and making preliminary decisions about the information amassed and avoiding pitfalls. Very often, the position adopted – for or against – an issue is emotional and is part of the pre-writing stage.The validity of your position has to be tested against the facts, opinions and other data you compile even before you begin drafting your outline.
Before the writing begins
Normally, you will be given a set of facts involving one or more issues which may involve the law . The facts give rise to a difference of opinion with some arguing in favour of an issue and others arguing against it.. You are usually asked to support a given point of view or to rebut it or to refine it. Several preliminary matters must be considered before you actually put pen to paper.
Legal issues are usually carefully crafted and are highly unlikely to contain any unnecessary facts. Thus every fact furnished is likely to be important. It is therefore necessary that you do not dismiss out of hand, any detail as “superfluous”. Even if you think that a fact is surplusage, consider it carefully to determine its impact on the issue; chances are that it does affect the legal position. Close consideration of such a fact will usually enable you to establish its relevance to the legal issue under scrutiny.
Normally, the fact situation given is complete and you are not expected to supply any missing facts. This does not, however, mean that you cannot draw attention to facts that appear to have been omitted from the issue. One situation in which this must be done is where, in your opinion, the missing facts will drastically affect alter the legal position you are arguing.. However, before you do this, you must ensure that you have scrutinized all the given facts to ensure that the fact perceived to be missi.
The document provides an overview of a business law course, including key concepts that will be introduced. It discusses the sources of law, classifications of law, and limits placed on government by the US Constitution. It emphasizes that critical thinking is important for understanding the legal system. Critical thinking involves questioning information, considering alternative explanations, avoiding biases, and examining the evidence and assumptions underlying arguments. The document provides several rules for students to follow to develop their critical thinking skills for the course.
Brief Texas v. Johnson located on page 166 of your text. Follow.docxjackiewalcutt
Brief
Texas v. Johnson
located on page 166 of your text. Follow the briefing format explained on pages 13-16: citation, facts, rule, issue, holding, reasoning, and criticism.
Recall that the facts should include any fact that you think affected the court's decision as well as the main procedural facts. The rule should be the rule as it existed prior to this decision.
The issue statement should contain two main components: the rule (label plus definition) and specific facts. After reading the issue, the reader should know exactly why each side thought it had a chance of convincing the court that it should win.
The holding should be very specific so that your reader will know the limits that the court placed on its decision.
The reasoning section should be as complete as possible so that your reader can fully understand why the court decided as it did.
Finally, the criticism section should include a short accounting of what the dissent had to say. Your criticism section should also point out any logical failings or limitations that you found in the majority opinion's thinking. Make sure anyone reading your criticism section can tell when you are giving your own criticism versus when you are simply reporting on what the dissent had to say.
The project is due as follows:
Part A -- Citation, Facts, and Rule - Week 1
You only have do the citation, facts, and rule!!!!!!!
The following pages are the e-text steps you'll hav e to follow to create the case brief.
page 13
(3) Briefing court opinions
The word
brief
has several meanings in the legal field. When we refer to briefing a case or to
case briefs
, we are referring to a written summary of a court opinion. This is to be contrasted with an appellate brief, which is a formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision.
(a) Reasons for briefing cases
Briefing court opinions serves two purposes. First, and most important, it makes you read the case thoroughly. You have to go back and dig out the essentials, organize them, and state them in your own words. This is necessary for an adequate understanding of the court opinion. Second, it is a form of note taking that provides a condensed record of the most important information about the case you briefed. You can use these case briefs to refresh your memory when preparing for class or studying for exams.
(b) Format of a case brief
While most case briefs share many common features, there is no single format that is universally accepted within the legal community. Indeed, there are almost as many different briefing styles as there are attorneys writing briefs. What we present here is an approach that we think will help you organize your thoughts and understand the opinion.
The case briefing method described here breaks the case down into the following elements: (i) case citation, (ii) facts — both procedural and substantive, (iii) r.
Judicial OpinionsOverview After the simulation, justices writ.docxSusanaFurman449
Judicial Opinions
Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft.
Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
Introduction
The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined.
Statement of issues
The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
The document discusses legal reasoning and problem solving techniques for writing effective legal essays. It presents a 4-step method (CLEO) for legal analysis and writing: 1) Identify the claim, 2) Present the applicable law, 3) Evaluate the facts of the problem, and 4) Identify the outcome of the argument. Within each step, it provides guidance on how to structure arguments and effectively analyze problems using techniques like deductive, inductive, and analogical reasoning.
CRM 123 – Case Analysis Instructions Purpose The goals .docxannettsparrow
CRM 123 – Case Analysis Instructions
Purpose
The goals of this assignment are to provide a valuable skill and to assess your ability to comprehend and
apply case law. Reading, briefing, and applying what you are reading in your textbook and learning in the
modules are effective ways to become literate in the process of the U.S. legal system.
Conducting an Analysis
Before making and defending a decision, you must be familiar with the relevant law. For our purposes,
your textbook and course material provide all the legal concepts needed to apply the law to a factual
situation. Once you are familiar with the general content of the chapter, you should be able to recognize
the issue involved in a case and find the legal concepts that will help you decide the case. For your
reference, a sample analysis is provided at the end of this document.
First, you will read the assigned fact patterns (provided via a link in the module). Then, you will complete
an analysis for all fact patterns presented. Each analysis should contain the following:
1. The main issue. Identify and write (in your own words, at least 50% original) the central issue to be
decided. As much as possible, set the issue in legal terms and concepts.
2. Relevant legal concepts quoted from textbook court opinions. Search the assigned chapter for legal
concepts that will help you decide and justify your decision. Once you find the quotations you wish to use,
copy them into the appropriate places in your analysis.
3. Relevant case law quoted from the textbook.
4. Rationale. Write (in your own words, at least 50% original) a complete explanation about how you
used the legal concepts you cited to make a decision about how the case should be resolved.
5. Ruling. Describe (in your own words, at least 50% original) what should happen to the parties involved
as a result of your decision.
Submit your Case Analysis to the Dropbox no later than Sunday 11:59 PM EST/EDT of the assigned
module. (The Dropbox baskets for these assignments are linked to Turnitin.)
Grading Rubric
Ratings:
Exceptional corresponds to an A (90-100). Performance is outstanding; significantly above the usual
expectations.
Proficient corresponds to a grade of B- to B+ (80-89%). Skills are at the level of expectation.
Basic corresponds to a C- to C+ (70-79%). Skills are acceptable but improvements are needed to meet
expectations well.
Novice corresponds to a D to D+ (60-69%). Performance is weak; the skills are not sufficiently
demonstrated at this time.
0 This criterion is missing or not in evidence.
Criteria
Ratings
0 Novice Basic Proficient Exceptional
Correctly framing the specific legal question
to be decided
12-13 14-15 16-17 18-20
Identifying and quoting relevant material from
the assigned chapter
12-13 14-15 16-17 18-20
Correctly applying the cited legal concepts to
your decision
12-13 14-15 16-17 18-20
The insightful.
A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COMalbert0081
This document provides guidance on writing a comprehensive legal brief, including the key elements that should be included. It explains that a brief should include: 1) the title and citation of the case, 2) a summary of the pertinent facts, 3) the legal issues raised, 4) the court's decisions, 5) the court's reasoning, 6) any separate or dissenting opinions, and 7) a historical analysis. For each section, it provides details on what types of information should be included. It emphasizes the importance of properly framing the legal issues and understanding the court's reasoning.
The document provides guidance on writing an effective office memorandum. It explains that memoranda are used to analyze facts of a client's case under relevant law in order to inform attorneys without persuading. It then outlines the typical parts of a memorandum, including the heading, issues presented, brief answer, facts, and discussion. The discussion section should use tests from cases as an outline, with paragraphs structured around the test and supported by facts and legal authorities. Contrary authorities should also be addressed. The goal is clear, logical analysis of the issues.
The document provides an overview of a business law course, including key concepts that will be introduced. It discusses the sources of law, classifications of law, and limits placed on government by the US Constitution. It emphasizes that critical thinking is important for understanding the legal system. Critical thinking involves questioning information, considering alternative explanations, avoiding biases, and examining the evidence and assumptions underlying arguments. The document provides several rules for students to follow to develop their critical thinking skills for the course.
Brief Texas v. Johnson located on page 166 of your text. Follow.docxjackiewalcutt
Brief
Texas v. Johnson
located on page 166 of your text. Follow the briefing format explained on pages 13-16: citation, facts, rule, issue, holding, reasoning, and criticism.
Recall that the facts should include any fact that you think affected the court's decision as well as the main procedural facts. The rule should be the rule as it existed prior to this decision.
The issue statement should contain two main components: the rule (label plus definition) and specific facts. After reading the issue, the reader should know exactly why each side thought it had a chance of convincing the court that it should win.
The holding should be very specific so that your reader will know the limits that the court placed on its decision.
The reasoning section should be as complete as possible so that your reader can fully understand why the court decided as it did.
Finally, the criticism section should include a short accounting of what the dissent had to say. Your criticism section should also point out any logical failings or limitations that you found in the majority opinion's thinking. Make sure anyone reading your criticism section can tell when you are giving your own criticism versus when you are simply reporting on what the dissent had to say.
The project is due as follows:
Part A -- Citation, Facts, and Rule - Week 1
You only have do the citation, facts, and rule!!!!!!!
The following pages are the e-text steps you'll hav e to follow to create the case brief.
page 13
(3) Briefing court opinions
The word
brief
has several meanings in the legal field. When we refer to briefing a case or to
case briefs
, we are referring to a written summary of a court opinion. This is to be contrasted with an appellate brief, which is a formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision.
(a) Reasons for briefing cases
Briefing court opinions serves two purposes. First, and most important, it makes you read the case thoroughly. You have to go back and dig out the essentials, organize them, and state them in your own words. This is necessary for an adequate understanding of the court opinion. Second, it is a form of note taking that provides a condensed record of the most important information about the case you briefed. You can use these case briefs to refresh your memory when preparing for class or studying for exams.
(b) Format of a case brief
While most case briefs share many common features, there is no single format that is universally accepted within the legal community. Indeed, there are almost as many different briefing styles as there are attorneys writing briefs. What we present here is an approach that we think will help you organize your thoughts and understand the opinion.
The case briefing method described here breaks the case down into the following elements: (i) case citation, (ii) facts — both procedural and substantive, (iii) r.
Judicial OpinionsOverview After the simulation, justices writ.docxSusanaFurman449
Judicial Opinions
Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft.
Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
Introduction
The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined.
Statement of issues
The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
The document discusses legal reasoning and problem solving techniques for writing effective legal essays. It presents a 4-step method (CLEO) for legal analysis and writing: 1) Identify the claim, 2) Present the applicable law, 3) Evaluate the facts of the problem, and 4) Identify the outcome of the argument. Within each step, it provides guidance on how to structure arguments and effectively analyze problems using techniques like deductive, inductive, and analogical reasoning.
CRM 123 – Case Analysis Instructions Purpose The goals .docxannettsparrow
CRM 123 – Case Analysis Instructions
Purpose
The goals of this assignment are to provide a valuable skill and to assess your ability to comprehend and
apply case law. Reading, briefing, and applying what you are reading in your textbook and learning in the
modules are effective ways to become literate in the process of the U.S. legal system.
Conducting an Analysis
Before making and defending a decision, you must be familiar with the relevant law. For our purposes,
your textbook and course material provide all the legal concepts needed to apply the law to a factual
situation. Once you are familiar with the general content of the chapter, you should be able to recognize
the issue involved in a case and find the legal concepts that will help you decide the case. For your
reference, a sample analysis is provided at the end of this document.
First, you will read the assigned fact patterns (provided via a link in the module). Then, you will complete
an analysis for all fact patterns presented. Each analysis should contain the following:
1. The main issue. Identify and write (in your own words, at least 50% original) the central issue to be
decided. As much as possible, set the issue in legal terms and concepts.
2. Relevant legal concepts quoted from textbook court opinions. Search the assigned chapter for legal
concepts that will help you decide and justify your decision. Once you find the quotations you wish to use,
copy them into the appropriate places in your analysis.
3. Relevant case law quoted from the textbook.
4. Rationale. Write (in your own words, at least 50% original) a complete explanation about how you
used the legal concepts you cited to make a decision about how the case should be resolved.
5. Ruling. Describe (in your own words, at least 50% original) what should happen to the parties involved
as a result of your decision.
Submit your Case Analysis to the Dropbox no later than Sunday 11:59 PM EST/EDT of the assigned
module. (The Dropbox baskets for these assignments are linked to Turnitin.)
Grading Rubric
Ratings:
Exceptional corresponds to an A (90-100). Performance is outstanding; significantly above the usual
expectations.
Proficient corresponds to a grade of B- to B+ (80-89%). Skills are at the level of expectation.
Basic corresponds to a C- to C+ (70-79%). Skills are acceptable but improvements are needed to meet
expectations well.
Novice corresponds to a D to D+ (60-69%). Performance is weak; the skills are not sufficiently
demonstrated at this time.
0 This criterion is missing or not in evidence.
Criteria
Ratings
0 Novice Basic Proficient Exceptional
Correctly framing the specific legal question
to be decided
12-13 14-15 16-17 18-20
Identifying and quoting relevant material from
the assigned chapter
12-13 14-15 16-17 18-20
Correctly applying the cited legal concepts to
your decision
12-13 14-15 16-17 18-20
The insightful.
A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COMalbert0081
This document provides guidance on writing a comprehensive legal brief, including the key elements that should be included. It explains that a brief should include: 1) the title and citation of the case, 2) a summary of the pertinent facts, 3) the legal issues raised, 4) the court's decisions, 5) the court's reasoning, 6) any separate or dissenting opinions, and 7) a historical analysis. For each section, it provides details on what types of information should be included. It emphasizes the importance of properly framing the legal issues and understanding the court's reasoning.
The document provides guidance on writing an effective office memorandum. It explains that memoranda are used to analyze facts of a client's case under relevant law in order to inform attorneys without persuading. It then outlines the typical parts of a memorandum, including the heading, issues presented, brief answer, facts, and discussion. The discussion section should use tests from cases as an outline, with paragraphs structured around the test and supported by facts and legal authorities. Contrary authorities should also be addressed. The goal is clear, logical analysis of the issues.
Sheet1costagerisksatisfaction13316836611404372920173546484015338815221451077438147038110631742264933169586943128738296612185682471009664420137877159429478739515900749161603067777160377827811163727991597478668150557575818636846839063615921824765323142167266814881751617133808701366882241514276266108346629310321709711390681114187597796812974691077171868174117262634381703076759156556846166627933210036626501647169104516269795231771465816151796873229408901096160606363515980784131226568355142548053155947486013452738121209567693148177579218176685351484769911462474163184718387613785837771338070103314227735841382473161191581326183846243165757910541545364168135276314516285645171530776771145147578112579682814772742211512263511547375135157198268415123768731609178738148746714014679742881338074269176308264816704804651342870842121018342613571712211311770588121837767141818232515484765291447874219160577891315577635911458874645167398089015358821019139136541514125844741288069813157206341616391778411523082948159726751616008786101570267361130498794810734827531868386856182037859614154612514263731082141637295912866693591234968170144727343611520662441492775538121366714913981701011114017337712852694961374971631138616749614603749171433662821333570453144007366215754779111660063658127586984147978265614520742881295969957176178188912974699251498175319159897878614886751691133165768154577712414366736611408372483142477317715539824831519074742287648662810596774791384471985146366354414887825991423273296145086244412702816881619578412137937710291218467676157967428812607682411336883951478776611626761995179248210971252481291164377982314610698691522776673151977591213945726811346170844135886338014413749441560077104213969721040159037477013549712191569477252171276747515257761371637067678145426282716317791083168468075114063728631390471856129887084716284799511512876150111646689616788701090
Greetings students,
I found a description online that may help you understand how to complete a
case brief. Please read carefully because you will be completing at least 2 case
briefs this semester.
Student briefs
These can be extensive or short, depending on the depth of analysis required and the
demands of the instructor. A comprehensive brief includes the following elements:
1. Title and Citation
2. Facts of the Case
3. Issues
4. Decisions (Holdings)
5. Reasoning (Rationale)
6. Separate Opinions
7. Analysis
1. Title and Citation
The title of the case shows who is opposing whom. The name of the person who
initiated legal action in that particular court will always appear first. Since the losers
often appeal to a higher court, this can get confusing. The first section of this guide
shows you how to identify the players without a scorecard.
The citation tells how to locate the reporter of the case in the appropriate case reporter.
If you know only the title of the case, the citation to it can be found using the case
digest covering that court, through Goog.
Case Analysis Content FormatThe case analysis must include the .docxtidwellveronique
The document provides guidelines for formatting a case analysis, including required sections such as an introduction, case brief, discussion of background/facts, issues/answers, implications of the case, personal opinion, and bibliography. It also lists evaluation criteria such as thorough research, logical analysis, proper formatting, and minimum sources required. The sample case analysis examines issues that could arise from an entrepreneur creating websites about politicians, including infringement of copyright, right of publicity, and defamation. It analyzes similar past court cases that could set precedents in this situation.
COMPLETE GUIDE ON WRITING A DISSERTATION ON BUSINESS LAWLauren Bradshaw
This document provides a comprehensive guide on writing a dissertation on business law, including choosing a topic, conducting research, structuring the dissertation, referencing other works, and developing an original thesis. It offers tips on narrowing the topic to a specific area of business law, keeping up with changes in the field, and drawing conclusions. The document also provides example topics, thesis statements, and facts that could be included in a strong dissertation on business law.
How Do I Make a Case Engaging the Writing ProcessNo two p.docxadampcarr67227
How Do I Make a Case? Engaging the Writing Process
No two people compose in exactly the same way, and even the same person may go through the writing process in different ways with
different assignments. Nevertheless, because no one can attend to everything at once, there are phases in handling any significant writing
task. You explore the topic to get a sense of whether it will work for you and what you might be able to do with it; if the topic is working
out for you, then you move into preparing to write, generating more content and planning your draft.
The next phase is drafting your paper, getting a version on screen, however rough it may be, so that you can work toward the final draft.
Getting there involves two further phases: revising your draft, where you make major improvements in it, followed by editing your draft,
taking care of errors, sentences that do not read well, paragraphs lacking focus and flow, and so on.
Exploring Your Topic
For casemaking, exploring your topic means examining the issues involved in it. If your assignment calls for research, do some general
reading about your topic to discover what the issues are. See pages 406–11 for how to find and take notes on source material. If your
assignment does not call for research, rely on your general knowledge about the topic to formulate the issues.
Page 243
Asking Questions: Find the Issues
Asking Questions: Find the Issues An issue is a point of controversy always or frequently raised in connection with a particular topic. For
your topic, begin by asking, “What are the questions that people disagree about when discussing this topic?” For instance, the primary
purpose of prisons is always an issue when prison reform is discussed. Some see prisons as primarily punishment for crime; others see them
as primarily institutions that should rehabilitate criminals. “What should prisons do?” is the question. Other questions include the following:
What should be done about prison overcrowding? How can we reduce assaults on inmates by other, violent inmates? Is prison a breeding
ground for more criminal behavior after inmates are released? If so, what can be done to prevent this from happening?
ACTIVITY 10.1 Collaborative Activity
Isolating the Issues
List the issues connected with your topic. The key question is, “What do people argue about whenever this topic is discussed?”
If your class is working with a common topic or you share your topic with at least one other student, you could collaborate to answer the
following exploratory questions:
■ What issues were you unaware of before you formulated them?
■ What positions do people take on these issues?
■ What is your view of these issues?
Consider your view of the topic now. If you had no opinion before examining the issues, are you beginning to form one now? If you had an
opinion, is it changing significantly? Which issue interests you most? Consider focusing your essay on that issue. ▀
Order the Issues (Stasis)
.
BUSI 561Case Presentation InstructionsYou will complete one Ca.docxhumphrieskalyn
BUSI 561
Case Presentation Instructions
You will complete one Case Presentation during the course, based on cases that have been summarized in the book. You should go to LexisNexis and read the complete case, which will give you more details of both parties’ positions, as well as links to related law. Decide between you and your “opposing counsel” who will represent which party, and then present your position to the class.
Your presentation should follow the general IRAC or Law + Facts = Conclusion analysis format we discussed in the first class. Include:
· What court are you in and how did you get there? (almost all of the cases we discuss are decided by an appeals court, but were initially heard at a trial level court – explain that path for your case)
· I = What is the major issue related to this chapter that is examined in this case? Note: most cases decide more than one issue. Focus on/analyze only the issue(s) related to the chapters we are reading this week.
· R = What is the relevant law? Is it a statute? Regulation? Federal or state? Is it case precedent? Some combination (case precedent interpreting a statute)?
· What are the key facts, i.e., the “legally relevant facts” needed to meet the elements of the law? What facts best support your position?
· AC = Apply the law to the facts in a way that reaches a conclusion that would decide the case for your position. That necessarily means that one of you will be arguing for an outcome that the court did not hold; explain that position well enough for the class to discuss.
· How would your position be fair and equitable? How may it move the law forward and provide a new or better rule? These are what we call “policy” arguments – not directly related to the law, but additional arguments for the court and society to consider.
· How does your position comport with a Biblical worldview?
There is no time limit (minimum or maximum), but I will budget about half an hour for the case (both presentations plus class discussion). You may present your case in any way that helps the class understand your position.
Each case presentation is worth 100 points:
Completeness
75
Analysis
25
Total
100
Case Presentation Score
Your presentation should follow the general IRAC or Law + Facts = Conclusion analysis format we discussed in the first class. Include:
What court are you in and how did you get there? (almost all of the cases we discuss are decided by an appeals court, but were initially heard at a trial level court – explain that path for your case)
Venue
What is the major issue in this case?
Issue
What is the relevant law? Is it a statute? Regulation? Federal or state? Is it case precedent? Some combination (case precedent interpreting a statute)?
Rule of law
What are the key facts, i.e., the “legally relevant facts” needed to meet the elements of the law? What facts best support your position?
Facts
Apply the law to the facts in a way that decides the case for you ...
Law first coursework notesLaw each paragraph1. Explain.docxsmile790243
Law first coursework notes:
Law each paragraph:
1. Explain legal issue- how to identify the issue
2. Use the related law – can look at which seminar questions are related to coursework
3. Application- explain that why I will use this law, where take the law & the apply to the fact
4. Conclusion
5. Use the referencing is required to give intellectual credit to your source, helps the marker recover your source easily and avoids you being accused of plagiarism. Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA). Details of this should ensure all sources are fully cited in footnotes and in their bibliography in accordance with OSCOLA and that indentation or quotation marks (as appropriate) are used when quoting. Students who fail to include a bibliography will be penalized likewise poor citation of sources will result in a loss of marks. Reference should be made to the primary source, except when the primary source can no longer be obtained.
Approaching legal problem questions
What is a problem question?
A legal problem question/case study describes a fictitious scenario then asks you to advise one or more of the parties in it about their legal rights, or possible liabilities. This is what a solicitor does when advising a client in their office. You are the legal advisor and the party/parties you are asked to advise in the question are your clients.
How should you structure your answer to such a question?
Only think about this once you have read the problem question carefully (several times) and identified the key facts (e.g. key characters, events, and dates).
When you are ready to think about your answer the marker will be expecting you to structure it following the ILAC method.
This should result in it having a clear and logical structure enabling the marker to see where you are heading.
What does ILAC stand for?
Introduction
Law
Application
Conclusion
What to put in an Introduction
Begin your answer with an introduction. It should tell the marker:-
About each legal issue you have identified in the question which your client faces;
What area (or areas) of law relate to each issue,
Why the issue(s) are significant to your client; and
The order in which you plan to deal with each of them in turn.
This helps the marker to understand what you are trying to do and they can then follow the structure of your answer more easily.
For example, in a problem question on contract formation involving an advertisement made by a shop offering a free gift to anyone who spends over £50 in the store on a particular day, the first issue might be to determine the legal status of the advertisement (is it an offer or an invitation to treat?).
Once you have identified each issue, it is useful to explain its significance
to the outcome of the problem. Why does it matter? How and why will it
affect the ultimate advice/outcome for your client?
If there are several issues, you should deal wit ...
1 How to Brief a Case Prepared for the Legal S.docxhoney725342
1
How to Brief a Case
Prepared for the Legal Studies Program
American Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like a “book report,” but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
Under the doctrine, a prior court’s decision serves as “authority” for a subsequent court which
will address the same or similar issue. Therefore, understanding a court’s decision and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brief is a tool by means of which to “capture” or outline the most important
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
quotes from the court’s opinion. The brief should be written in your own words, based on your
understanding of the case. Of course, select quotes of the court’s words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
Often, your textbooks will contain synopses of or abbreviated versions of courts’
opinions. When you want to understand a court’s decision, it is essential that you read the entire
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and Citation: As a header on the first page of your brief, you should state
the name of the case, identify each party’s role in the cas ...
This document provides an overview of IRAC and CREAC, which are frameworks for legal analysis and writing. It discusses the components of each framework - Issue, Rule, Analysis/Application, and Conclusion for IRAC, and adding an Explanation section for CREAC. It provides examples and guidance on how to structure legal discussions and proofs using these methods, emphasizing deductive reasoning from general rules to specific applications and focusing the analysis on relevant facts.
Why Brief a Case Cases are written by lawyers for lawyers.docxalanfhall8953
Why Brief a Case?
Cases are written by lawyers for lawyers. Consequently, there's a structure and
method unlike any other type of writing that you've read. Once you know the
structure and method, you'll be able to breeze through cases quickly. When the
writing is brilliant - for example, cases written by Holmes, Cardozo and Learned
Hand - the cases can be as enjoyable as a good piece of fiction. There's drama,
conflict, resolution, humor and pathos. Other times, the writing is very non-linear
and leaves out important elements, such as the facts of a case.
Briefing is the first step in learning how to outline. The brief should distill a case
down to its elements, which allows you to immediately understand the principal
legal issues at a glance. When you are under the pressure of the harsh glare of an
aggressive professor, you want to be able to take one look at the brief and know the
answer.
Case briefs are an important tool, but it's also important to keep briefs in perspective.
Many students labor intensively over case briefs by creating forms and making sure
that the wording is perfect. A brief is just a tool that helps you accomplish three
things - build comprehension, answer questions in class and complete an outline.
You'll never be graded on a brief. If you're spending time on stylistic niceties that
don't accomplish one of the three goals then you're not spending time wisely.
Three Reasons to Brief a Case
1. Rewriting the material leads to better comprehension.
2. Creates a cheat sheet for questions in class.
3. Serves as a starting point for outlining.
Briefing is a phase that you eventually grow out of. After the first semester, students
tend to brief a lot less. Their briefs may just end up being therule of law or they will
write notes in the margin of the casebook, which highlight the different elements.
While some complex cases in your second and third years demand briefing, you will
probably pick up the skills you need in your first year to analyze cases on the fly.
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/class.html#TheFirstDay
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/irac.html#Rule
How to Brief a Case
Briefs should be a one-page summary of the case. Structure the summary according
to the elements listed below. The structure adheres to the types of questions the
professor asks in class and to the information you'll need for outlining. Not every
case can be summed up in one page, but it's a good discipline to attempt to condense
the material.
THE ELEMENTS OF BRIEFING
Procedural History
Legal Issue
Facts of Case
Statement of Rule
Policy
Dicta
Reasoning
Holding
Concurrence
Dissents
You might consider creating a standard form using a word processor, then fill in the
blanks as you read the case. You may want to modify the form as you go along
through the semester. Professor.
OverviewWrite a 2–page executive briefing of a selected busine.docxaman341480
- The document provides instructions for a 2-page executive briefing analyzing a selected business-related contract law case and its implications.
- Students must summarize the key facts and ruling of the case, explain how it could impact businesses generally, and analyze the potential impacts on a specific organization selected by the student.
- The briefing should be addressed to the executive team to help them understand how the legal decision could affect the chosen organization.
LS311BUSINESS LAWINTRODUCTION AND SOURCES OF BUSINESS.docxsmile790243
This document provides an overview and syllabus for a business law course. It outlines course expectations, assignments, objectives, and policies. Students are expected to submit written assignments on time, participate in discussion boards and seminars. Late assignments will receive point deductions. Academic honesty is strictly enforced and plagiarism is not tolerated. The course covers topics like the U.S. legal system, constitutional law, criminal and civil law, business ethics, and case briefings.
This document provides guidance on writing law review articles, including how to refine a thesis, structure the article, and properly cite sources. It recommends beginning with an interesting problem or gap in the law. The body should include background on legal doctrines and prove the claim in multiple sections. Sections should integrate facts, cases, and policies to demonstrate the thesis is correct. Footnotes should reference sources, facts, and ideas to allow readers to evaluate the analysis and build on the argument. Proper legal citation and credible sources are important. The conclusion should restate the claim and implications. Overall, the writing should have a measured tone and tight structure to effectively persuade readers.
The document provides guidance on conducting legal research through a multi-step process. It begins by outlining major steps to take in finding primary legal authority, including researching secondary sources, statutory authority in annotated codes, case authority in digests, and using computer-assisted research and Shepardizing. It emphasizes that legal research is a fluid, circular process where additional avenues of research may be uncovered at any step. The document also provides examples and discusses learning legal terminology and using encyclopedias, practice guides, and codes as starting points.
Question OneProvide an introduction for your company. What busin.docxcatheryncouper
Question One
Provide an introduction for your company. What business did you study (complete name)?
What is the name and title of the primary decision maker in the company?
What is your firm's Mission Statement? More importantly, what does your company do to achieve its Mission Statement and put it into action?
Insert Answer:
Question Two
How does you company segment its customers? (See Text, pp 174-175 for a discussion of market segmentation.)
Consumer markets are generally segmented by demographic, geographic, psychographic, or behavior characteristics. Business markets are usually segmented by geographic, customer based, or product use base.
Find an advertisement from your firm that targets one of these segments. It maybe be more difficult to find advertisements for companies that market only to other businesses. However, you should be able to find at least one advertisement.
Insert Answer:
Question Three
Identify a product your firm makes/provides that specifically targets one of the segments identified in the previous question. What is it about this product that makes it particularly attractive to this segment?
Insert Answer:
Question Four
Identify a competitor that makes/offers a product in direct competition with the product in the previous question. Describe that product and how the competitor promotes it. Which product does a better job of appealing to the target segment? What leads you to this conclusion? (In answering this question, it might be helpful if you put yourself in the role of a customer. Which product appears more attractive?)
Insert Answer:
Question Five
Read the Wiki article on SWOT analysis. Describe one current specific strength and one weakness that you believe your business would list in a SWOT analysis. Remember that Strengths/weaknesses describe things the firm currently faces. What is your firm doing to exploit the opportunity and to address the weakness? Is what they are doing effective?
Insert Answer:
Question Six
Describe one specific future opportunity and one threat that you believe your business would list in a SWOT analysis. Remember that opportunities/threats describe things the firm will face in the future. What is your firm doing to exploit the opportunity and to address the threat? Do you think they are doing the right thing?
Insert Answer:
Question Seven
Describe two issues that relate specifically to your company's resources: human, physical or financial. These might include things that the company is doing in employee recruitment, training, benefits, compensation, evaluation, geo-political risk etc. Or, it might involve things like getting raw materials, building new plants, moving production overseas, etc. If you cite a financial resources issue, you will be discussing something like the firm's sale of additional shares of stock or the borrowing of money. This is an item you will probably have to rely on news articles to find sources.
Insert Answer:
Question Eight
P ...
This document provides links and information for purchasing law homework help and exam solutions from an online source called "Finished Exams." It advertises immediate access to complete solutions for law courses, finals, and assignments without needing to register. The document contains sample questions and documents related to law, business, criminal justice, and other subjects.
Assessment 4 Instructions Health Promotion Plan Presentation.docxgalerussel59292
This document provides instructions for Assessment 4 which requires students to:
1. Create a PowerPoint presentation with audio narration to present their hypothetical health promotion plan from Assessment 1 to a selected audience.
2. In their narration, students must evaluate the session outcomes and goals, suggest revisions to improve future sessions, and align the session with Healthy People 2020 goals.
3. Students must tailor their presentation to their selected audience and support it with at least three references published within the last 5 years.
Assessment 4 Instructions Remote Collaboration and Evidence-Based C.docxgalerussel59292
Assessment 4 Instructions: Remote Collaboration and Evidence-Based Care
*NEED A SCRIPT FOR THIS, THANK YOU*
Create a 5–10 minute video of yourself, as a presenter, in which you will propose an evidence-based plan to improve the outcomes for a patient and examine how remote collaboration provided benefits or challenges to designing and delivering the care.
As technologies and the health care industry continue to evolve, remote care, diagnosis, and collaboration are becoming increasingly more regular methods by which nurses are expected to work. Learning the ways in which evidence-based models and care can help remote work produce better outcomes will become critical for success. Additionally, understanding how to leverage EBP principles in collaboration will be important in the success of institutions delivering quality, safe, and cost-effective care. It could also lead to better job satisfaction for those engaging in remote collaboration.
Demonstration of Proficiency
By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:
Competency 2: Analyze the relevance and potential effectiveness of evidence when making a decision.
Reflect on which evidence was most relevant and useful when making decisions regarding the care plan.
Competency 3: Apply an evidence-based practice model to address a practice issue.
Explain the ways in which an EBP model was used to help develop the care plan.
Competency 4: Plan care based on the best available evidence.
Propose an evidence-based care plan to improve the safety and outcomes for a patient.
Competency 5: Apply professional, scholarly communication strategies to lead practice changes based on evidence.
Identify benefits and strategies to mitigate the challenges of interdisciplinary collaboration to plan care within the context of a remote team.
Communicate in a professional manner that is easily audible and uses proper grammar, including a reference list formatted in current APA style.
Professional Context
Remote care and diagnosis is a continuing and increasingly important method for nurses to help deliver care to patients to promote safety and enhance health outcomes. Understanding best EBPs and building competence in delivering nursing care to remote patients is a key competency for all nurses. Additionally, in some scenarios, while you may be delivering care in person you may be collaborating with a physician or other team members who are remote. Understanding the benefits and challenges of interdisciplinary collaboration is vital to developing effective communication strategies when coordinating care. So, being proficient at communicating and working with remote health care team members is also critical to delivering quality, evidence-base care.
Scenario
The Vila Health: Remote Collaboration on Evidence-Based Care simu.
Assessment 4Cost Savings AnalysisOverviewPrepare a spreads.docxgalerussel59292
Assessment 4
Cost Savings Analysis
OverviewPrepare a spreadsheet of cost savings data showing efficiency gains attributable to care coordination over the course of one fiscal year, and report your key findings in an executive summary, 4–5 pages in length.
Information plays a fundamental role in health care. Providers such as physicians and hospitals create and process information as they deliver care to patients. However, managing that information and using it productively poses an ongoing challenge, particularly in light of the complexity of the U.S. health care sector, with its many diverse settings for care and types of providers and services. Health information technology (HIT) has the potential to considerably increase the productivity of the health sector by assisting providers in managing information. Furthermore, HIT can improve the quality of health care and, ultimately, the outcomes of that care for patients.
The use of HIT has been upheld as having remarkable promise in improving the efficiency, quality, cost-effectiveness, and safety of medical care delivery in our nation's health care system. This assessment provides an opportunity for you to examine how utilizing HIT can positively affect the financial health of an organization, improve patient health, and create better health outcomes.
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
Competency 1: Apply care coordination models to improve the patient experience, promote population health, and reduce costs.
Describe ways in which care coordination can generate cost savings.
Competency 2: Explain the relationship between care coordination and evidence-based data.
Describe ways in which care coordination efforts can enhance the collection of evidence-based data and improve quality through the application of an emerging health care model.
Competency 3: Use health information technology to guide care coordination and organizational practice.
Explain how care coordination can promote improved health consumerism and effect positive health outcomes.
Competency 4: Communicate effectively with diverse audiences, in an appropriate form and style, consistent with applicable organizational, professional, and scholarly standards.
Present cost savings data and information clearly and accurately.
Support main points, claims, and conclusions with relevant and credible evidence, correctly formatting citations and references using APA style.
Competency Map
CHECK YOUR PROGRESS
Use this online tool to track your performance and progress through your course.
APA Module
.
Academic Honesty & APA Style and Formatting
.
APA Style Paper Tutorial [DOCX]
.
Capella Resources
ePortfolio
.
Research Resources
You may use other resources of your choice to prepare for this assessment; however, you will need to ensure that they are appropriat.
Assessment 4 Instructions Final Care Coordination Plan .docxgalerussel59292
Assessment 4 Instructions: Final Care Coordination Plan
For this assessment, you will simulate implementation of the preliminary care coordination plan you developed in Assessment 1. The presentation would be structured for the hypothetical patient.
NOTE
: You are required to complete this assessment after Assessment 1 is successfully completed.
Care coordination is the process of providing a smooth and seamless transition of care as part of the health continuum. Nurses must be aware of community resources, ethical considerations, policy issues, cultural norms, safety, and the physiological needs of patients. Nurses play a key role in providing the necessary knowledge and communication to ensure seamless transitions of care. They draw upon evidence-based practices to promote health and disease prevention to create a safe environment conducive to improving and maintaining the health of individuals, families, or aggregates within a community. When provided with a plan and the resources to achieve and maintain optimal health, patients benefit from a safe environment conducive to healing and a better quality of life.
This assessment provides an opportunity to research the literature and apply evidence to support what communication, teaching, and learning best practices are needed for a hypothetical patient with a selected health care problem.
You are encouraged to complete the Vila Health: Cultural Competence activity prior to completing this assessment. Completing course activities before submitting your first attempt has been shown to make the difference between basic and proficient assessment.
Demonstration of Proficiency
By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:
Competency 1: Adapt care based on patient-centered and person-focused factors.
Design patient-centered health interventions and timelines for care delivered through direct clinical interaction that is logged in the CORE ELMS system.
Competency 2: Collaborate with patients and family to achieve desired outcomes.
Use the literature on evaluation as a guide to compare learning session content with best practices.
Competency 3: Create a satisfying patient experience.
Describe what the literature says about effective care coordination and patient satisfaction verses experience, including how to align teaching sessions to the Healthy people 2020 document..
Competency 4: Defend decisions based on the code of ethics for nursing.
Make ethical decisions in designing patient-centered health interventions.
Competency 5: Explain how health care policies affect patient-centered care.
Identify relevant health policy implications for the coordination and continuum of care.
Preparation
In this assessment, you will implement the preliminary care coordination plan yo.
Assessment 3PRINTPatient Discharge Care Planning .docxgalerussel59292
Assessment 3
PRINT
Patient Discharge Care Planning
prepare a written analysis of key issues, 6–7 pages in length, applicable to the development of an effective patient discharge care plan.
The Institute of Medicine's 2000 report
To Err Is Human
:
Building a Safer Health System
identified health information technology (HIT) as one avenue to explore to reduce avoidable medical errors. As a result of the IOM report and suggestions for patient advocacy groups, health care organizations are encouraged to act by utilizing HIT to improve patient quality and safety.
SHOW LESS
Health care organizations determine outcomes by how patient information is collected, analyzed, and presented, and nurse leaders are taking the lead in using HIT to bridge the gaps in care coordination. This assessment provides an opportunity for you to analyze the effects of HIT support, data reporting, and EHR data collection on effective care planning.
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
Competency 1: Apply care coordination models to improve the patient experience, promote population health, and reduce costs.
Explain how HIT can be used to provide a longitudinal, patient-centered care plan across the continuum of care.
Competency 2: Explain the relationship between care coordination and evidence-based data.
Describe ways in which data reporting specific to client behaviors can shape care coordination, care management, clinical efficiency, and interprofessional idea development.
Competency 3: Use health information technology to guide care coordination and organizational practice.
Explain how information collected from client records can be used to positively influence health outcomes.
Competency 4: Communicate effectively with diverse audiences, in an appropriate form and style, consistent with applicable organizational, professional, and scholarly standards.
Write clearly and concisely, using correct grammar and mechanics.
Support main points, claims, and conclusions with relevant and credible evidence, correctly formatting citations and references using APA style.
Reference
Institute of Medicine. (2000).
To err is human: Building a safer health system
. Washington, DC: National Academies Press.
Competency Map
CHECK YOUR PROGRESS
Use this online tool to track your performance and progress through your course.
Toggle Drawer
ResourcesHealth Informatics
Mosier, S., & Englebright, J. (2019).
The first step toward reducing documentation: Defining ideal workflows.
CIN: Computers, Informatics, Nursing, 37
(2), 57–59.
Yang, Y., Bass, E. J., Bowles, K. H., & Sockolow, P. S. (2019).
Impact of home care admission nurses' goals on electronic health record documentation strategies at the point of care.
CIN: Computers, Informatics, Nursing, 37
(1), 39–46.
SHOW LESS
Writing Resources
You are encou.
Assessment 4 ContextRecall that null hypothesis tests are of.docxgalerussel59292
Assessment 4 Context
Recall that null hypothesis tests are of two types: (1) differences between group means and (2) association between variables. In both cases there is a null hypothesis and an alternative hypothesis. In the group means test, the null hypothesis is that the two groups have equal means, and the alternative hypothesis is that the two groups do not have equal means. In the association between variables type of test, the null hypothesis is that the correlation coefficient between the two variables is zero, and the alternative hypothesis is that the correlation coefficient is not zero.
Notice in each case that the hypotheses are mutually exclusive. If the null is false, the alternative must be true. The purpose of null hypothesis statistical tests is generally to show that the null has a low probability of being true (the p value is less than .05) – low enough that the researcher can legitimately claim it is false. The reason this is done is to support the allegation that the alternative hypothesis is true.
In this context you will be studying the details of the first type of test again, with the added capability of comparing the means among more than two group at a time. This is the same type of test of difference between group means. In variations on this model, the groups can actually be the same people under different conditions. The main idea is that several group mean values are being compared. The groups each have an average score or mean on some variable. The null hypothesis is that the difference between all the group means is zero. The alternative hypothesis is that the difference between the means is not zero. Notice that if the null is false, the alternative must be true. It is first instructive to consider some of the details of groups.
One might ask why we would not use multiple t tests in this situation. For instance, with three groups, why would I not compare groups one and two with a t test, then compare groups one and three, and then compare groups two and three?
The answer can be found in our basic probability review. We are concerned with the probability of a TYPE I error (rejecting a true null hypothesis). We generally set an alpha level of .05, which is the probability of making a TYPE I error. Now consider what happens when we do three t tests. There is .05 probability of making a TYPE I error on the first test, .05 probability of the same error on the second test, and .05 probability on the third test. What happens is that these errors are essentially additive, in that the chances of at least one TYPE I error among the three tests much greater than .05. It is like the increased probability of drawing an ace from a deck of cards when we can make multiple draws.
ANOVA allows us do an "overall" test of multiple groups to determine if there are any differences among groups within the set. Notice that ANOVA does not tell us which groups among the three groups are different from each other. The primary test.
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Greetings students,
I found a description online that may help you understand how to complete a
case brief. Please read carefully because you will be completing at least 2 case
briefs this semester.
Student briefs
These can be extensive or short, depending on the depth of analysis required and the
demands of the instructor. A comprehensive brief includes the following elements:
1. Title and Citation
2. Facts of the Case
3. Issues
4. Decisions (Holdings)
5. Reasoning (Rationale)
6. Separate Opinions
7. Analysis
1. Title and Citation
The title of the case shows who is opposing whom. The name of the person who
initiated legal action in that particular court will always appear first. Since the losers
often appeal to a higher court, this can get confusing. The first section of this guide
shows you how to identify the players without a scorecard.
The citation tells how to locate the reporter of the case in the appropriate case reporter.
If you know only the title of the case, the citation to it can be found using the case
digest covering that court, through Goog.
Case Analysis Content FormatThe case analysis must include the .docxtidwellveronique
The document provides guidelines for formatting a case analysis, including required sections such as an introduction, case brief, discussion of background/facts, issues/answers, implications of the case, personal opinion, and bibliography. It also lists evaluation criteria such as thorough research, logical analysis, proper formatting, and minimum sources required. The sample case analysis examines issues that could arise from an entrepreneur creating websites about politicians, including infringement of copyright, right of publicity, and defamation. It analyzes similar past court cases that could set precedents in this situation.
COMPLETE GUIDE ON WRITING A DISSERTATION ON BUSINESS LAWLauren Bradshaw
This document provides a comprehensive guide on writing a dissertation on business law, including choosing a topic, conducting research, structuring the dissertation, referencing other works, and developing an original thesis. It offers tips on narrowing the topic to a specific area of business law, keeping up with changes in the field, and drawing conclusions. The document also provides example topics, thesis statements, and facts that could be included in a strong dissertation on business law.
How Do I Make a Case Engaging the Writing ProcessNo two p.docxadampcarr67227
How Do I Make a Case? Engaging the Writing Process
No two people compose in exactly the same way, and even the same person may go through the writing process in different ways with
different assignments. Nevertheless, because no one can attend to everything at once, there are phases in handling any significant writing
task. You explore the topic to get a sense of whether it will work for you and what you might be able to do with it; if the topic is working
out for you, then you move into preparing to write, generating more content and planning your draft.
The next phase is drafting your paper, getting a version on screen, however rough it may be, so that you can work toward the final draft.
Getting there involves two further phases: revising your draft, where you make major improvements in it, followed by editing your draft,
taking care of errors, sentences that do not read well, paragraphs lacking focus and flow, and so on.
Exploring Your Topic
For casemaking, exploring your topic means examining the issues involved in it. If your assignment calls for research, do some general
reading about your topic to discover what the issues are. See pages 406–11 for how to find and take notes on source material. If your
assignment does not call for research, rely on your general knowledge about the topic to formulate the issues.
Page 243
Asking Questions: Find the Issues
Asking Questions: Find the Issues An issue is a point of controversy always or frequently raised in connection with a particular topic. For
your topic, begin by asking, “What are the questions that people disagree about when discussing this topic?” For instance, the primary
purpose of prisons is always an issue when prison reform is discussed. Some see prisons as primarily punishment for crime; others see them
as primarily institutions that should rehabilitate criminals. “What should prisons do?” is the question. Other questions include the following:
What should be done about prison overcrowding? How can we reduce assaults on inmates by other, violent inmates? Is prison a breeding
ground for more criminal behavior after inmates are released? If so, what can be done to prevent this from happening?
ACTIVITY 10.1 Collaborative Activity
Isolating the Issues
List the issues connected with your topic. The key question is, “What do people argue about whenever this topic is discussed?”
If your class is working with a common topic or you share your topic with at least one other student, you could collaborate to answer the
following exploratory questions:
■ What issues were you unaware of before you formulated them?
■ What positions do people take on these issues?
■ What is your view of these issues?
Consider your view of the topic now. If you had no opinion before examining the issues, are you beginning to form one now? If you had an
opinion, is it changing significantly? Which issue interests you most? Consider focusing your essay on that issue. ▀
Order the Issues (Stasis)
.
BUSI 561Case Presentation InstructionsYou will complete one Ca.docxhumphrieskalyn
BUSI 561
Case Presentation Instructions
You will complete one Case Presentation during the course, based on cases that have been summarized in the book. You should go to LexisNexis and read the complete case, which will give you more details of both parties’ positions, as well as links to related law. Decide between you and your “opposing counsel” who will represent which party, and then present your position to the class.
Your presentation should follow the general IRAC or Law + Facts = Conclusion analysis format we discussed in the first class. Include:
· What court are you in and how did you get there? (almost all of the cases we discuss are decided by an appeals court, but were initially heard at a trial level court – explain that path for your case)
· I = What is the major issue related to this chapter that is examined in this case? Note: most cases decide more than one issue. Focus on/analyze only the issue(s) related to the chapters we are reading this week.
· R = What is the relevant law? Is it a statute? Regulation? Federal or state? Is it case precedent? Some combination (case precedent interpreting a statute)?
· What are the key facts, i.e., the “legally relevant facts” needed to meet the elements of the law? What facts best support your position?
· AC = Apply the law to the facts in a way that reaches a conclusion that would decide the case for your position. That necessarily means that one of you will be arguing for an outcome that the court did not hold; explain that position well enough for the class to discuss.
· How would your position be fair and equitable? How may it move the law forward and provide a new or better rule? These are what we call “policy” arguments – not directly related to the law, but additional arguments for the court and society to consider.
· How does your position comport with a Biblical worldview?
There is no time limit (minimum or maximum), but I will budget about half an hour for the case (both presentations plus class discussion). You may present your case in any way that helps the class understand your position.
Each case presentation is worth 100 points:
Completeness
75
Analysis
25
Total
100
Case Presentation Score
Your presentation should follow the general IRAC or Law + Facts = Conclusion analysis format we discussed in the first class. Include:
What court are you in and how did you get there? (almost all of the cases we discuss are decided by an appeals court, but were initially heard at a trial level court – explain that path for your case)
Venue
What is the major issue in this case?
Issue
What is the relevant law? Is it a statute? Regulation? Federal or state? Is it case precedent? Some combination (case precedent interpreting a statute)?
Rule of law
What are the key facts, i.e., the “legally relevant facts” needed to meet the elements of the law? What facts best support your position?
Facts
Apply the law to the facts in a way that decides the case for you ...
Law first coursework notesLaw each paragraph1. Explain.docxsmile790243
Law first coursework notes:
Law each paragraph:
1. Explain legal issue- how to identify the issue
2. Use the related law – can look at which seminar questions are related to coursework
3. Application- explain that why I will use this law, where take the law & the apply to the fact
4. Conclusion
5. Use the referencing is required to give intellectual credit to your source, helps the marker recover your source easily and avoids you being accused of plagiarism. Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA). Details of this should ensure all sources are fully cited in footnotes and in their bibliography in accordance with OSCOLA and that indentation or quotation marks (as appropriate) are used when quoting. Students who fail to include a bibliography will be penalized likewise poor citation of sources will result in a loss of marks. Reference should be made to the primary source, except when the primary source can no longer be obtained.
Approaching legal problem questions
What is a problem question?
A legal problem question/case study describes a fictitious scenario then asks you to advise one or more of the parties in it about their legal rights, or possible liabilities. This is what a solicitor does when advising a client in their office. You are the legal advisor and the party/parties you are asked to advise in the question are your clients.
How should you structure your answer to such a question?
Only think about this once you have read the problem question carefully (several times) and identified the key facts (e.g. key characters, events, and dates).
When you are ready to think about your answer the marker will be expecting you to structure it following the ILAC method.
This should result in it having a clear and logical structure enabling the marker to see where you are heading.
What does ILAC stand for?
Introduction
Law
Application
Conclusion
What to put in an Introduction
Begin your answer with an introduction. It should tell the marker:-
About each legal issue you have identified in the question which your client faces;
What area (or areas) of law relate to each issue,
Why the issue(s) are significant to your client; and
The order in which you plan to deal with each of them in turn.
This helps the marker to understand what you are trying to do and they can then follow the structure of your answer more easily.
For example, in a problem question on contract formation involving an advertisement made by a shop offering a free gift to anyone who spends over £50 in the store on a particular day, the first issue might be to determine the legal status of the advertisement (is it an offer or an invitation to treat?).
Once you have identified each issue, it is useful to explain its significance
to the outcome of the problem. Why does it matter? How and why will it
affect the ultimate advice/outcome for your client?
If there are several issues, you should deal wit ...
1 How to Brief a Case Prepared for the Legal S.docxhoney725342
1
How to Brief a Case
Prepared for the Legal Studies Program
American Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like a “book report,” but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
Under the doctrine, a prior court’s decision serves as “authority” for a subsequent court which
will address the same or similar issue. Therefore, understanding a court’s decision and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brief is a tool by means of which to “capture” or outline the most important
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
quotes from the court’s opinion. The brief should be written in your own words, based on your
understanding of the case. Of course, select quotes of the court’s words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
Often, your textbooks will contain synopses of or abbreviated versions of courts’
opinions. When you want to understand a court’s decision, it is essential that you read the entire
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and Citation: As a header on the first page of your brief, you should state
the name of the case, identify each party’s role in the cas ...
This document provides an overview of IRAC and CREAC, which are frameworks for legal analysis and writing. It discusses the components of each framework - Issue, Rule, Analysis/Application, and Conclusion for IRAC, and adding an Explanation section for CREAC. It provides examples and guidance on how to structure legal discussions and proofs using these methods, emphasizing deductive reasoning from general rules to specific applications and focusing the analysis on relevant facts.
Why Brief a Case Cases are written by lawyers for lawyers.docxalanfhall8953
Why Brief a Case?
Cases are written by lawyers for lawyers. Consequently, there's a structure and
method unlike any other type of writing that you've read. Once you know the
structure and method, you'll be able to breeze through cases quickly. When the
writing is brilliant - for example, cases written by Holmes, Cardozo and Learned
Hand - the cases can be as enjoyable as a good piece of fiction. There's drama,
conflict, resolution, humor and pathos. Other times, the writing is very non-linear
and leaves out important elements, such as the facts of a case.
Briefing is the first step in learning how to outline. The brief should distill a case
down to its elements, which allows you to immediately understand the principal
legal issues at a glance. When you are under the pressure of the harsh glare of an
aggressive professor, you want to be able to take one look at the brief and know the
answer.
Case briefs are an important tool, but it's also important to keep briefs in perspective.
Many students labor intensively over case briefs by creating forms and making sure
that the wording is perfect. A brief is just a tool that helps you accomplish three
things - build comprehension, answer questions in class and complete an outline.
You'll never be graded on a brief. If you're spending time on stylistic niceties that
don't accomplish one of the three goals then you're not spending time wisely.
Three Reasons to Brief a Case
1. Rewriting the material leads to better comprehension.
2. Creates a cheat sheet for questions in class.
3. Serves as a starting point for outlining.
Briefing is a phase that you eventually grow out of. After the first semester, students
tend to brief a lot less. Their briefs may just end up being therule of law or they will
write notes in the margin of the casebook, which highlight the different elements.
While some complex cases in your second and third years demand briefing, you will
probably pick up the skills you need in your first year to analyze cases on the fly.
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/class.html#TheFirstDay
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/irac.html#Rule
How to Brief a Case
Briefs should be a one-page summary of the case. Structure the summary according
to the elements listed below. The structure adheres to the types of questions the
professor asks in class and to the information you'll need for outlining. Not every
case can be summed up in one page, but it's a good discipline to attempt to condense
the material.
THE ELEMENTS OF BRIEFING
Procedural History
Legal Issue
Facts of Case
Statement of Rule
Policy
Dicta
Reasoning
Holding
Concurrence
Dissents
You might consider creating a standard form using a word processor, then fill in the
blanks as you read the case. You may want to modify the form as you go along
through the semester. Professor.
OverviewWrite a 2–page executive briefing of a selected busine.docxaman341480
- The document provides instructions for a 2-page executive briefing analyzing a selected business-related contract law case and its implications.
- Students must summarize the key facts and ruling of the case, explain how it could impact businesses generally, and analyze the potential impacts on a specific organization selected by the student.
- The briefing should be addressed to the executive team to help them understand how the legal decision could affect the chosen organization.
LS311BUSINESS LAWINTRODUCTION AND SOURCES OF BUSINESS.docxsmile790243
This document provides an overview and syllabus for a business law course. It outlines course expectations, assignments, objectives, and policies. Students are expected to submit written assignments on time, participate in discussion boards and seminars. Late assignments will receive point deductions. Academic honesty is strictly enforced and plagiarism is not tolerated. The course covers topics like the U.S. legal system, constitutional law, criminal and civil law, business ethics, and case briefings.
This document provides guidance on writing law review articles, including how to refine a thesis, structure the article, and properly cite sources. It recommends beginning with an interesting problem or gap in the law. The body should include background on legal doctrines and prove the claim in multiple sections. Sections should integrate facts, cases, and policies to demonstrate the thesis is correct. Footnotes should reference sources, facts, and ideas to allow readers to evaluate the analysis and build on the argument. Proper legal citation and credible sources are important. The conclusion should restate the claim and implications. Overall, the writing should have a measured tone and tight structure to effectively persuade readers.
The document provides guidance on conducting legal research through a multi-step process. It begins by outlining major steps to take in finding primary legal authority, including researching secondary sources, statutory authority in annotated codes, case authority in digests, and using computer-assisted research and Shepardizing. It emphasizes that legal research is a fluid, circular process where additional avenues of research may be uncovered at any step. The document also provides examples and discusses learning legal terminology and using encyclopedias, practice guides, and codes as starting points.
Question OneProvide an introduction for your company. What busin.docxcatheryncouper
Question One
Provide an introduction for your company. What business did you study (complete name)?
What is the name and title of the primary decision maker in the company?
What is your firm's Mission Statement? More importantly, what does your company do to achieve its Mission Statement and put it into action?
Insert Answer:
Question Two
How does you company segment its customers? (See Text, pp 174-175 for a discussion of market segmentation.)
Consumer markets are generally segmented by demographic, geographic, psychographic, or behavior characteristics. Business markets are usually segmented by geographic, customer based, or product use base.
Find an advertisement from your firm that targets one of these segments. It maybe be more difficult to find advertisements for companies that market only to other businesses. However, you should be able to find at least one advertisement.
Insert Answer:
Question Three
Identify a product your firm makes/provides that specifically targets one of the segments identified in the previous question. What is it about this product that makes it particularly attractive to this segment?
Insert Answer:
Question Four
Identify a competitor that makes/offers a product in direct competition with the product in the previous question. Describe that product and how the competitor promotes it. Which product does a better job of appealing to the target segment? What leads you to this conclusion? (In answering this question, it might be helpful if you put yourself in the role of a customer. Which product appears more attractive?)
Insert Answer:
Question Five
Read the Wiki article on SWOT analysis. Describe one current specific strength and one weakness that you believe your business would list in a SWOT analysis. Remember that Strengths/weaknesses describe things the firm currently faces. What is your firm doing to exploit the opportunity and to address the weakness? Is what they are doing effective?
Insert Answer:
Question Six
Describe one specific future opportunity and one threat that you believe your business would list in a SWOT analysis. Remember that opportunities/threats describe things the firm will face in the future. What is your firm doing to exploit the opportunity and to address the threat? Do you think they are doing the right thing?
Insert Answer:
Question Seven
Describe two issues that relate specifically to your company's resources: human, physical or financial. These might include things that the company is doing in employee recruitment, training, benefits, compensation, evaluation, geo-political risk etc. Or, it might involve things like getting raw materials, building new plants, moving production overseas, etc. If you cite a financial resources issue, you will be discussing something like the firm's sale of additional shares of stock or the borrowing of money. This is an item you will probably have to rely on news articles to find sources.
Insert Answer:
Question Eight
P ...
This document provides links and information for purchasing law homework help and exam solutions from an online source called "Finished Exams." It advertises immediate access to complete solutions for law courses, finals, and assignments without needing to register. The document contains sample questions and documents related to law, business, criminal justice, and other subjects.
Similar to Assessment task title Essay (Critical Evaluation of Legal) .docx (16)
Assessment 4 Instructions Health Promotion Plan Presentation.docxgalerussel59292
This document provides instructions for Assessment 4 which requires students to:
1. Create a PowerPoint presentation with audio narration to present their hypothetical health promotion plan from Assessment 1 to a selected audience.
2. In their narration, students must evaluate the session outcomes and goals, suggest revisions to improve future sessions, and align the session with Healthy People 2020 goals.
3. Students must tailor their presentation to their selected audience and support it with at least three references published within the last 5 years.
Assessment 4 Instructions Remote Collaboration and Evidence-Based C.docxgalerussel59292
Assessment 4 Instructions: Remote Collaboration and Evidence-Based Care
*NEED A SCRIPT FOR THIS, THANK YOU*
Create a 5–10 minute video of yourself, as a presenter, in which you will propose an evidence-based plan to improve the outcomes for a patient and examine how remote collaboration provided benefits or challenges to designing and delivering the care.
As technologies and the health care industry continue to evolve, remote care, diagnosis, and collaboration are becoming increasingly more regular methods by which nurses are expected to work. Learning the ways in which evidence-based models and care can help remote work produce better outcomes will become critical for success. Additionally, understanding how to leverage EBP principles in collaboration will be important in the success of institutions delivering quality, safe, and cost-effective care. It could also lead to better job satisfaction for those engaging in remote collaboration.
Demonstration of Proficiency
By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:
Competency 2: Analyze the relevance and potential effectiveness of evidence when making a decision.
Reflect on which evidence was most relevant and useful when making decisions regarding the care plan.
Competency 3: Apply an evidence-based practice model to address a practice issue.
Explain the ways in which an EBP model was used to help develop the care plan.
Competency 4: Plan care based on the best available evidence.
Propose an evidence-based care plan to improve the safety and outcomes for a patient.
Competency 5: Apply professional, scholarly communication strategies to lead practice changes based on evidence.
Identify benefits and strategies to mitigate the challenges of interdisciplinary collaboration to plan care within the context of a remote team.
Communicate in a professional manner that is easily audible and uses proper grammar, including a reference list formatted in current APA style.
Professional Context
Remote care and diagnosis is a continuing and increasingly important method for nurses to help deliver care to patients to promote safety and enhance health outcomes. Understanding best EBPs and building competence in delivering nursing care to remote patients is a key competency for all nurses. Additionally, in some scenarios, while you may be delivering care in person you may be collaborating with a physician or other team members who are remote. Understanding the benefits and challenges of interdisciplinary collaboration is vital to developing effective communication strategies when coordinating care. So, being proficient at communicating and working with remote health care team members is also critical to delivering quality, evidence-base care.
Scenario
The Vila Health: Remote Collaboration on Evidence-Based Care simu.
Assessment 4Cost Savings AnalysisOverviewPrepare a spreads.docxgalerussel59292
Assessment 4
Cost Savings Analysis
OverviewPrepare a spreadsheet of cost savings data showing efficiency gains attributable to care coordination over the course of one fiscal year, and report your key findings in an executive summary, 4–5 pages in length.
Information plays a fundamental role in health care. Providers such as physicians and hospitals create and process information as they deliver care to patients. However, managing that information and using it productively poses an ongoing challenge, particularly in light of the complexity of the U.S. health care sector, with its many diverse settings for care and types of providers and services. Health information technology (HIT) has the potential to considerably increase the productivity of the health sector by assisting providers in managing information. Furthermore, HIT can improve the quality of health care and, ultimately, the outcomes of that care for patients.
The use of HIT has been upheld as having remarkable promise in improving the efficiency, quality, cost-effectiveness, and safety of medical care delivery in our nation's health care system. This assessment provides an opportunity for you to examine how utilizing HIT can positively affect the financial health of an organization, improve patient health, and create better health outcomes.
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
Competency 1: Apply care coordination models to improve the patient experience, promote population health, and reduce costs.
Describe ways in which care coordination can generate cost savings.
Competency 2: Explain the relationship between care coordination and evidence-based data.
Describe ways in which care coordination efforts can enhance the collection of evidence-based data and improve quality through the application of an emerging health care model.
Competency 3: Use health information technology to guide care coordination and organizational practice.
Explain how care coordination can promote improved health consumerism and effect positive health outcomes.
Competency 4: Communicate effectively with diverse audiences, in an appropriate form and style, consistent with applicable organizational, professional, and scholarly standards.
Present cost savings data and information clearly and accurately.
Support main points, claims, and conclusions with relevant and credible evidence, correctly formatting citations and references using APA style.
Competency Map
CHECK YOUR PROGRESS
Use this online tool to track your performance and progress through your course.
APA Module
.
Academic Honesty & APA Style and Formatting
.
APA Style Paper Tutorial [DOCX]
.
Capella Resources
ePortfolio
.
Research Resources
You may use other resources of your choice to prepare for this assessment; however, you will need to ensure that they are appropriat.
Assessment 4 Instructions Final Care Coordination Plan .docxgalerussel59292
Assessment 4 Instructions: Final Care Coordination Plan
For this assessment, you will simulate implementation of the preliminary care coordination plan you developed in Assessment 1. The presentation would be structured for the hypothetical patient.
NOTE
: You are required to complete this assessment after Assessment 1 is successfully completed.
Care coordination is the process of providing a smooth and seamless transition of care as part of the health continuum. Nurses must be aware of community resources, ethical considerations, policy issues, cultural norms, safety, and the physiological needs of patients. Nurses play a key role in providing the necessary knowledge and communication to ensure seamless transitions of care. They draw upon evidence-based practices to promote health and disease prevention to create a safe environment conducive to improving and maintaining the health of individuals, families, or aggregates within a community. When provided with a plan and the resources to achieve and maintain optimal health, patients benefit from a safe environment conducive to healing and a better quality of life.
This assessment provides an opportunity to research the literature and apply evidence to support what communication, teaching, and learning best practices are needed for a hypothetical patient with a selected health care problem.
You are encouraged to complete the Vila Health: Cultural Competence activity prior to completing this assessment. Completing course activities before submitting your first attempt has been shown to make the difference between basic and proficient assessment.
Demonstration of Proficiency
By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:
Competency 1: Adapt care based on patient-centered and person-focused factors.
Design patient-centered health interventions and timelines for care delivered through direct clinical interaction that is logged in the CORE ELMS system.
Competency 2: Collaborate with patients and family to achieve desired outcomes.
Use the literature on evaluation as a guide to compare learning session content with best practices.
Competency 3: Create a satisfying patient experience.
Describe what the literature says about effective care coordination and patient satisfaction verses experience, including how to align teaching sessions to the Healthy people 2020 document..
Competency 4: Defend decisions based on the code of ethics for nursing.
Make ethical decisions in designing patient-centered health interventions.
Competency 5: Explain how health care policies affect patient-centered care.
Identify relevant health policy implications for the coordination and continuum of care.
Preparation
In this assessment, you will implement the preliminary care coordination plan yo.
Assessment 3PRINTPatient Discharge Care Planning .docxgalerussel59292
Assessment 3
PRINT
Patient Discharge Care Planning
prepare a written analysis of key issues, 6–7 pages in length, applicable to the development of an effective patient discharge care plan.
The Institute of Medicine's 2000 report
To Err Is Human
:
Building a Safer Health System
identified health information technology (HIT) as one avenue to explore to reduce avoidable medical errors. As a result of the IOM report and suggestions for patient advocacy groups, health care organizations are encouraged to act by utilizing HIT to improve patient quality and safety.
SHOW LESS
Health care organizations determine outcomes by how patient information is collected, analyzed, and presented, and nurse leaders are taking the lead in using HIT to bridge the gaps in care coordination. This assessment provides an opportunity for you to analyze the effects of HIT support, data reporting, and EHR data collection on effective care planning.
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
Competency 1: Apply care coordination models to improve the patient experience, promote population health, and reduce costs.
Explain how HIT can be used to provide a longitudinal, patient-centered care plan across the continuum of care.
Competency 2: Explain the relationship between care coordination and evidence-based data.
Describe ways in which data reporting specific to client behaviors can shape care coordination, care management, clinical efficiency, and interprofessional idea development.
Competency 3: Use health information technology to guide care coordination and organizational practice.
Explain how information collected from client records can be used to positively influence health outcomes.
Competency 4: Communicate effectively with diverse audiences, in an appropriate form and style, consistent with applicable organizational, professional, and scholarly standards.
Write clearly and concisely, using correct grammar and mechanics.
Support main points, claims, and conclusions with relevant and credible evidence, correctly formatting citations and references using APA style.
Reference
Institute of Medicine. (2000).
To err is human: Building a safer health system
. Washington, DC: National Academies Press.
Competency Map
CHECK YOUR PROGRESS
Use this online tool to track your performance and progress through your course.
Toggle Drawer
ResourcesHealth Informatics
Mosier, S., & Englebright, J. (2019).
The first step toward reducing documentation: Defining ideal workflows.
CIN: Computers, Informatics, Nursing, 37
(2), 57–59.
Yang, Y., Bass, E. J., Bowles, K. H., & Sockolow, P. S. (2019).
Impact of home care admission nurses' goals on electronic health record documentation strategies at the point of care.
CIN: Computers, Informatics, Nursing, 37
(1), 39–46.
SHOW LESS
Writing Resources
You are encou.
Assessment 4 ContextRecall that null hypothesis tests are of.docxgalerussel59292
Assessment 4 Context
Recall that null hypothesis tests are of two types: (1) differences between group means and (2) association between variables. In both cases there is a null hypothesis and an alternative hypothesis. In the group means test, the null hypothesis is that the two groups have equal means, and the alternative hypothesis is that the two groups do not have equal means. In the association between variables type of test, the null hypothesis is that the correlation coefficient between the two variables is zero, and the alternative hypothesis is that the correlation coefficient is not zero.
Notice in each case that the hypotheses are mutually exclusive. If the null is false, the alternative must be true. The purpose of null hypothesis statistical tests is generally to show that the null has a low probability of being true (the p value is less than .05) – low enough that the researcher can legitimately claim it is false. The reason this is done is to support the allegation that the alternative hypothesis is true.
In this context you will be studying the details of the first type of test again, with the added capability of comparing the means among more than two group at a time. This is the same type of test of difference between group means. In variations on this model, the groups can actually be the same people under different conditions. The main idea is that several group mean values are being compared. The groups each have an average score or mean on some variable. The null hypothesis is that the difference between all the group means is zero. The alternative hypothesis is that the difference between the means is not zero. Notice that if the null is false, the alternative must be true. It is first instructive to consider some of the details of groups.
One might ask why we would not use multiple t tests in this situation. For instance, with three groups, why would I not compare groups one and two with a t test, then compare groups one and three, and then compare groups two and three?
The answer can be found in our basic probability review. We are concerned with the probability of a TYPE I error (rejecting a true null hypothesis). We generally set an alpha level of .05, which is the probability of making a TYPE I error. Now consider what happens when we do three t tests. There is .05 probability of making a TYPE I error on the first test, .05 probability of the same error on the second test, and .05 probability on the third test. What happens is that these errors are essentially additive, in that the chances of at least one TYPE I error among the three tests much greater than .05. It is like the increased probability of drawing an ace from a deck of cards when we can make multiple draws.
ANOVA allows us do an "overall" test of multiple groups to determine if there are any differences among groups within the set. Notice that ANOVA does not tell us which groups among the three groups are different from each other. The primary test.
Assessment 3PRINTLetter to the Editor Population Health P.docxgalerussel59292
- The document provides instructions for Assessment 3, which requires students to write a letter to the editor of an academic or professional journal advocating for a health policy developed in Assessment 2.
- The letter must evaluate current quality of care/outcomes for the issue/population, analyze how this necessitates policy development, justify how the proposed policy will improve care/outcomes, and advocate for similar policies in other settings.
- Students must choose an appropriate nursing journal, follow its submission guidelines, and integrate sources using APA style to support their letter.
Assessment 3 Instructions Disaster Recovery PlanDevelop a d.docxgalerussel59292
Assessment 3 Instructions: Disaster Recovery Plan
Develop a disaster recovery plan to lessen health disparities and improve access to community services after a disaster. Then, develop and record an 8-10 slide presentation (PowerPoint preferred) of the plan with audio for the Vila Health system, city officials, and the disaster relief team.
As you begin to prepare this assessment, you are encouraged to complete the Disaster Preparedness and Management activity. The information gained from completing this activity will help you succeed with the assessment as you think through key issues in disaster preparedness and management in the community or workplace. Completing activities is also a way to demonstrate engagement.
Professional Context
Nurses fulfill a variety of roles, and their diverse responsibilities as health care providers extend to the community. The decisions we make daily and in times of crisis often involve the balancing of human rights with medical necessities, equitable access to services, legal and ethical mandates, and financial constraints. When an unanticipated event occurs, such as an accident or natural disaster, issues can arise that complicate decisions about meeting the needs of an individual or group, including understanding and upholding their rights and desires, mediating conflict, and applying established ethical and legal standards of nursing care. As a nurse, you must be knowledgeable about disaster preparedness to safeguard those in your care. You are also accountable for promoting equitable quality of care for community residents.
This assessment provides an opportunity for you to apply the concepts of emergency preparedness, public health assessment, triage, management, and surveillance after a disaster. You will also focus on hospital evacuation and extended displacement periods.
Demonstration of Proficiency
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
Competency 1: Analyze health risks and health care needs among distinct populations.
Describe the determinants of health and the cultural, social, and economic barriers that impact safety, health, and disaster recovery efforts in a community.
Competency 2: Propose health promotion strategies to improve the health of populations.
Present specific, evidence-based strategies to overcome communication barriers and enhance interprofessional collaboration to improve disaster recovery efforts.
Competency 3: Evaluate health policies, based on their ability to achieve desired outcomes.
Explain how health and governmental policy affect disaster recovery efforts.
Competency 4: Integrate principles of social justice in community health interventions.
Explain how a proposed disaster recovery plan will lessen health disparities and improve access to community services.
Competency 5: Apply professional, scholarly .
Assessment 3 Instructions Professional Product Develop a .docxgalerussel59292
Assessment 3 Instructions: Professional Product
Develop a professional product to improve care or the patient experience related to the identified health problem with a 2-4 page summary of intervention findings, evidence, and best-practice basis for the professional product.
Important:
You must complete all of the assessments in order for this course.
For this assessment, you will develop and deliver a professional product to address the health problem defined in your first assessment to improve care and the patient experience. This will be delivered remotely rather than face-to-face to the individual or group (who can be friends and family) that you have identified. Appropriate examples include development of a community education program focused on a particular health issue or a handout to help the elderly and their families understand their Medicare and Medicaid options.
The product must be useful in a practice setting, relevant to your project, and designed to improve some aspect of care or the patient experience.
A brief summary of the findings of your intervention and evidence-based support for your professional product should accompany your product.
Reminder:
For this assessment, you are required to log in
CORE ELMS
the hours that you spend in remote contact with a patient (who could be a friend or family member).
Three hours of remote contact is the minimum
total amount of time required in this course. Planning time is not included and need not be logged.
As a baccalaureate nurse, you can enhance the experience, health, and lives of patients, families, and community members through personal interactions as well as by developing products to educate or improve the care experience. The ability to identify an appropriate product for improving the quality, safety, cost, and experience of care is an important skill. It also allows a BSN-prepared nurse to demonstrate mastery of patient-centered care delivery. These skills are critical as medicine becomes more personalized and nurses advance in their career and practice leadership.
Demonstration of Proficiency
By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:
Competency 1: Lead people and processes to improve patient, systems, and population outcomes.
Explain ways in which leadership of people and processes was utilized while designing an intervention and implementation plan.
Competency 2: Make clinical and operational decisions based upon the best available evidence.
Justify decisions related to developing a professional product with relevant research, evidence, and best practices.
Competency 3: Transform processes to improve quality, enhance patient safety, and reduce the cost of care.
Demonstrate process improvements in the quality, safety, or cost of care as a result of a direct clinical intervention and a d.
Assessment 3 Instructions Care Coordination Presentation to Colleag.docxgalerussel59292
Assessment 3 Instructions: Care Coordination Presentation to Colleagues
Develop a 20-minute presentation for nursing colleagues highlighting the fundamental principles of care coordination. Create a detailed narrative script for your presentation, approximately 4–5 pages in length, and record a video of your presentation.
Nurses have a powerful role in the coordination and continuum of care. All nurses must be cognizant of the care coordination process and how safety, ethics, policy, physiological, and cultural needs affect care and patient outcomes. As a nurse, care coordination is something that should always be considered. Nurses must be aware of factors that impact care coordination and of a continuum of care that utilizes community resources effectively and is part of an ethical framework that represents the professionalism of nurses. Understanding policy elements helps nurses coordinate care effectively.
This assessment provides an opportunity for you to educate your peers on the care coordination process. The assessment also requires you to address change management issues. You are encouraged to complete the Managing Change activity.
Completing course activities before submitting your first attempt has been shown to make the difference between basic and proficient assessment.
Demonstration of Proficiency
By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:
Competency 2: Collaborate with patients and family to achieve desired outcomes.
Outline effective strategies for collaborating with patients and their families to achieve desired health outcomes.
Competency 3: Create a satisfying patient experience.
Identify the aspects of change management that directly affect elements of the patient experience essential to the provision of high-quality, patient-centered care.
Competency 4: Defend decisions based on the code of ethics for nursing.
Explain the rationale for coordinated care plans based on ethical decision making.
Competency 5: Explain how health care policies affect patient-centered care.
Identify the potential impact of specific health care policy provisions on outcomes and patient experiences.
Competency 6: Apply professional, scholarly communication strategies to lead patient-centered care.
Raise awareness of the nurse's vital role in the coordination and continuum of care in a video-recorded presentation. Script and reference list are not submitted.
Preparation
Your nurse manager has been observing your effectiveness as a care coordinator and recognizes the importance of educating other staff nurses in care coordination. Consequently, she has asked you to develop a presentation for your colleagues on care coordination basics. By providing them with basic information about the care coordination process, yo.
Assessment 3Essay TIPSSWK405 The taskEssayWhen.docxgalerussel59292
Assessment 3
Essay TIPS
SWK405
The task
Essay
When preparing to write an essay be sure to read the question. It is helpful to break it down as demonstrated below.
PART 1
Critically analyse the strengths and weaknesses in the delivery of services to remote communities via face to face and virtual service models.
PART 2
Identify within each approach (FACE TO FACE AND VIRTUAL) the challenges for the human services worker and professional development strategies for improving regional and remote skills
In considering each approach select one of the following population groups or service needs.
Essay Structure
My suggestion is to start by identifying the group/population/issue you have selected to work with. You may think about the agency interview and report you have completed in Assessment 2 to inform your choice of service.
In considering each approach select one of the following population groups or service needs.
Your population/issue
Step 1:
Select your population or issue and the type of service to be offered.
Disaster recovery within Australia
Domestic Violence Services for women in remote and regional Australia
Mental Health Services for remote Aboriginal community
Other
What is the service you are providing?
Step 2:
Consider what part/s of the service is suited to face to face or virtual service delivery?
e.g.
Critically Analyse
Step 3: It is important to consider carefully the strengths and weaknesses of each type of service delivery model to remote areas.
When you think about these strengths and weaknesses, some will relate to client outcomes and some will relate to the service provider (logistics, cost, personnel).
Not simply a description but your own critique.
The following questions will help you to focus your reading and develop a critical lens.
Critical Reading
Step 4:
What have some authors written about the advantages and disadvantages of each type of service model?
What do you think about their positions?
Does this fit with the service you have selected for the essay?
Has technology come further since the article was written?
Is there a research that supports the arguments proposed in the literature? Critique the research that supports the author’s argument.
What position do you take in relation to ideas raised in the literature?
Is there a bias in the readings in favour of one type of service delivery over another?
Step 5: Shaping your argument
Consider the following focus questions to shape your argument
Strengths and weakness of face to face service delivery
What is face to face service delivery?
e.g. this could be where staff live and work within the community or where staff undertake remote community visits to deliver services.
What are the benefits of delivering services face to face?
To the client, for the worker
What are the challenges of delivering face to face services to remote areas?
e.g. Cost, staff recruitment and retention, staff skills and resilience, .
Assessment 3 Health Assessment ProfessionalCommunication.docxgalerussel59292
This document contains the script for a nurse-patient interaction as part of a health assessment. The nurse, Sarah, conducts an assessment of a patient, David Flores, who has come in for a checkup due to joint pain. Sarah takes David's medical history and vital signs, discusses his general health, diet, social activities and sun protection habits. She notes he is overweight and advises changes to his diet and alcohol intake. Sarah also schedules a skin check and refers David to resources on heart health. They discuss his joint pain symptoms to help determine the cause.
Assessment 3Disaster Plan With Guidelines for Implementation .docxgalerussel59292
Assessment 3
Disaster Plan With Guidelines for Implementation: Tool Kit for the Team
Overview: Develop a disaster preparedness tool kit for a community or population. Then, develop a 5-slide presentation for your care coordination team to prepare them to use the tool kit to execute a disaster preparedness plan.
Note: The assessments in this course build upon the work you completed in previous assessments. Therefore, complete the assessments in the order in which they are presented.
Disaster planning is vital to ensuring effective and seamless coordination, throughout the recovery period, among those affected by the disaster and an extensive array of health care providers and services. Care coordination, as part of an overall disaster response effort, helps ensure that victims receive needed care as access to providers and services are gradually restored over time.
SHOW LESS
This assessment provides an opportunity for you to develop a disaster preparedness tool kit for a community or population of your choice, and prepare your care coordination team to use the tool kit to execute that plan.
By successfully completing this assessment, you will demonstrate proficiency in the following course competencies and assessment criteria:
Competency 1: Propose a project for change, for a community or population, within a care coordination setting.
Identify the key elements of a disaster preparedness tool kit for providing effective care coordination to a community or population.
Competency 2: Align care coordination resources with community health care needs.
Assess the care coordination needs of a community or population in a disaster situation.
Identify the personnel and material resources needed in an emergency to provide the necessary coordinated care.
Competency 3: Apply project management best practices to affect ethical practice and support positive health outcomes in the delivery of safe, culturally competent care in compliance with applicable regulatory requirements.
Describe standards and best practice methods for safeguarding the provision of ethical, culturally-competent care in challenging circumstances.
Identify applicable local, national, or international regulatory requirements governing disaster relief that influence coordinated care.
Competency 4: Identify ways in which the care coordinator leader supports collaboration between key stakeholders in the care coordination process.
Analyze the interagency and interprofessional relationships essential to coordinated care in a disaster.
Competency 5: Communicate effectively with diverse audiences, in an appropriate form and style, consistent with applicable organizational, professional, and scholarly standards.
Prepare a care coordination team to use a disaster preparedness tool kit for implementing a disaster preparedness project plan.
Support main points, arguments, and conclusions with relevant and credible ev.
Assessment 3 ContextYou will review the theory, logic, and a.docxgalerussel59292
Assessment 3 Context
You will review the theory, logic, and application of t-tests. The t-test is a basic inferential statistic often reported in psychological research. You will discover that t-tests, as well as analysis of variance (ANOVA), compare group means on some quantitative outcome variable.
Recall that null hypothesis tests are of two types: (1) differences between group means and (2) association between variables. In both cases there is a null hypothesis and an alternative hypothesis. In the group means test, the null hypothesis is that the two groups have equal means, and the alternative hypothesis is that the two groups do not have equal means. In the association between variables type of test, the null hypothesis is that the correlation coefficient between the two variables is zero, and the alternative hypothesis is that the correlation coefficient is not zero.
Notice in each case that the hypotheses are mutually exclusive. If the null is false, the alternative must be true. The purpose of null hypothesis statistical tests is generally to show that the null has a low probability of being true (the p value is less than .05) – low enough that the researcher can legitimately claim it is false. The reason this is done is to support the allegation that the alternative hypothesis is true.
In this context you will be studying the details of the first type of test. This is the test of difference between group means. In variations on this model, the two groups can actually be the same people under different conditions, or one of the groups may be assigned a fixed theoretical value. The main idea is that two mean values are being compared. The two groups each have an average score or mean on some variable. The null hypothesis is that the difference between the means is zero. The alternative hypothesis is that the difference between the means is not zero. Notice that if the null is false, the alternative must be true. It is first instructive to consider some of the details of groups. Means, and difference between them.
Null Hypothesis Significance Test
The most common forms of the Null Hypothesis Significance Test (NHST) are three types of t tests, and the test of significance of a correlation. The NHST also extends to more complex tests, such as ANOVA, which will be discussed separately. Below, the null hypothesis and the alternative hypothesis are given for each of the following tests. It would be a valuable use of your time to commit the information below to memory. Once this is done, then when we refer to the tests later, you will have some structure to make sense of the more detailed explanations.
1. One-sample t test: The question in this test is whether a single sample group mean is significantly different from some stated or fixed theoretical value - the fixed value is called a parameter.
· Null Hypothesis: The difference between the sample group mean and the fixed value is zero in the population.
· Alternative hypothesis: T.
Assessment 2
Quality Improvement Proposal
Overview:
Write a quality improvement proposal, 5–7 pages in length, that provides your recommendations for expanding a hospital's HIT to include quality metrics that will help the organization qualify as an accountable care organization.
Health care has undergone a transformation since the release of the Institute of Medicine's 2000 report
To Err Is Human: Building a Safer Health System.
The report highlighted medical errors as a contributing factor leading to poor patient outcomes. The Institute of Medicine challenged organizations to implement evidence-based performance improvement strategies in order to improve patient quality and safety. Multiple governmental and regulatory agencies, such as the Centers for Medicare and Medicaid Services (CMS) and the Agency for Healthcare Quality and Research (AHRQ), vowed to strengthen and improve incentives for participation, safety, quality, and efficiency in accountable care organizations (ACOs).
Health information technology (HIT) performs an essential role in improving health outcomes of individuals, the community, and populations. Health organizations, consumer advocacy groups, and regulatory committees have made a commitment to explore current and future opportunities that HIT offers to continue momentum to meet the Institute of Medicine's goal of improving safety and quality.
Understanding HIT is important to improving individual, community, and population access to health care and health information. HIT enables quick and easy access to information for both patients and providers. Accessible information has been shown to improve the patient care experience and reduce redundancies, thereby reducing health care costs.
This assessment provides an opportunity for you to make recommendations for expanding a hospital's HIT in ways that will help the hospital qualify as an ACO.
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
Competency 2: Explain the relationship between care coordination and evidence-based data.
Recommend ways to expand an organization's HIT to include quality metrics.
Identify potential problems that can arise with data gathering systems and outputs.
Competency 3: Use health information technology to guide care coordination and organizational practice.
Describe the main focus of information gathering in health care and how it contributes to guiding the development of organizational practice.
Competency 4: Communicate effectively with diverse audiences, in an appropriate form and style, consistent with applicable organizational, professional, and scholarly standards.
Write clearly and concisely, using correct grammar and mechanics.
Support main points, claims, and conclusions with relevant and credible evidence, correctly formatting citations and references using APA style.
Reference
.
Assessment 2by Jaquetta StevensSubmission dat e 14 - O.docxgalerussel59292
Assessment 2
by Jaquetta Stevens
Submission dat e : 14 - Oct- 2018 03:06PM (UT C- 0500)
Submission ID: 101964 1991
File name : Stevens_J_Assessment_2.do c (66K)
Word count : 1894
Charact e r count : 134 64
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Assessment 2
ORIGINALITY REPORT
PRIMARY SOURCES
Submitted to Capella Education Company
St udent Paper
www.nivel.nl
Int ernet Source
Submitted to EDMC
St udent Paper
Submitted to University of Abertay Dundee
St udent Paper
uncch.pure.elsevier.com
Int ernet Source
Matthew A. Jarrett, Anna Van Meter, Eric A.
Youngstrom, Dane C. Hilton, Thomas H.
Ollendick. "Evidence-Based Assessment of
ADHD in Youth Using a Receiver Operating
Characteristic Approach", Journal of Clinical
Child & Adolescent Psychology, 2016
Publicat ion
eprints.bbk.ac.uk
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www.jove.com
Int ernet Source
"Handbook of Childhood Psychopathology and
Developmental Disabilities Assessment",
Springer Nature America, Inc, 2018
Publicat ion
espace.library.uq.edu.au
Int ernet Source
Submitted to Marist College
St udent Paper
openaccess.city.ac.uk
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www.raikesf oundation.org
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www.medicalnewstoday.com
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tigerprints.clemson.edu
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www.livestrong.com
Int ernet Source
Assessment 2by Jaquetta StevensAssessment 2ORIGINALITY REPORTPRIMARY SOURCES
Running head: EVALUATION OF TECHNICAL QUALITY 8
Assessment 2: Evaluation of Technical Quality
This worksheet contains three sections:
· Section One: Purpose and Intended Population of Selected Test.
· Section Two: Technical Review - Reliability of Selected Test.
· Section Three: Technical Review - Validity of Selected Test.
· Section Four: Synthesis and Conclusion about Selected Test’s Psychometrics.
· Section Five: Resources (APA Style).
Section One: Purpose and Intended Population of Selected Test
Use the Mental Measurements Yearbook reviews, publisher Web sites, and peer-reviewed journal articles to obtain information about your one selected test*.
Selected Test
Achenbach System of Empirically Based Assessment
Purpose of Test
The purpose of ASEBA is to measure mental capabilities, the ability to function, and to target specific issues (Achenbach, 2014).
Intended Population
18 mos.- 90 years old
* in some cases, you may find limited published work on the most recent version of a.
Assessment 2PRINTBiopsychosocial Population Health Policy .docxgalerussel59292
Assessment 2
PRINT
Biopsychosocial Population Health Policy Proposal
Develop a 2–4-page proposal for a policy that should help to improve health care and outcomes for your target population.
Note: Each assessment in this course builds on the work you completed in the previous assessment. Therefore, you must complete the assessments in this course in the order in which they are presented.
Cost and access to care continue to be main concerns for patients and providers. As technology improves our ability to care for and improve outcomes in patients with chronic and complex illnesses, questions of cost and access become increasingly important. As a master’s-prepared nurse, you must be able to develop policies that will ensure the delivery of care that is effective and can be provided in an ethical and equitable manner.
SHOW LESS
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
Competency 1: Design evidence-based advanced nursing care for achieving high-quality population outcomes.
Propose a policy and guidelines that will lead to improved outcomes and quality of care for a specific issue in a target population.
Competency 2: Evaluate the efficiency and effectiveness of interprofessional interventions in achieving desired population health outcomes.
Analyze the potential for an interprofessional approach to implementing a proposed policy to increase the efficiency or effectiveness of the care setting to achieve high quality outcomes.
Competency 3: Analyze population health outcomes in terms of their implications for health policy advocacy.
Advocate the need for a proposed policy in the context of current outcomes and quality of care for a specific issue in a target population.
Competency 4: Communicate effectively with diverse audiences, in an appropriate form and style, consistent with organizational, professional, and scholarly standards.
Communicate proposal in a professional and persuasive manner, writing content clearly and logically with correct use of grammar, punctuation, and spelling.
Integrate relevant sources to support assertions, correctly formatting citations and references using APA style.
Competency Map
CHECK YOUR PROGRESS
Use this online tool to track your performance and progress through your course.
Toggle Drawer
ContextAs a master's-prepared nurse, you have a valuable viewpoint and voice with which to advocate for policy developments. As a nurse leader and health care practitioner, often on the front lines of helping individuals and populations, you are able to articulate and advocate for the patient more than any other professional group in health care. This is especially true of populations that may be underserved, underrepresented, or are otherwise lacking a voice. By advocating for and developing policies, you are able to help drive improvements in outcomes for .
Assessment 2 Instructions Ethical and Policy Factors in Care Coordi.docxgalerussel59292
Assessment 2 Instructions: Ethical and Policy Factors in Care Coordination
Select a community organization or group that you feel would be interested in learning about ethical and policy issues that affect the coordination of care. Then, develop and record a 10-12-slide, 20-minute presentation, with audio, intended for that audience. Create a detailed narrative script for your presentation, 4-5 pages in length.
As coordinators of care, nurses must be aware of the code of ethics for nurses and health policy issues that affect the coordination of care within the context of the community. To help patients navigate the continuum of care, nurses must be proficient at interpreting and applying the code of ethics for nurses and health policy, specifically, the Affordable Care Act (ACA). Being knowledgeable about ethical and policy issues helps ensure that care coordinators are upholding ethical standards and navigating policy issues that affect patient care.
This assessment provides an opportunity for you to develop a presentation for a local community organization of your choice, which provides an overview of ethical standards and relevant policy issues that affect the coordination of care. Completing this assessment will strengthen your understanding of ethical issues and policies related to the coordination and continuum of care, and will empower you to be a stronger advocate and nursing professional.
It would be an excellent choice to complete the Vila Health: Ethical Decision Making activity prior to developing the presentation. The activity provides a helpful update on the ethical principles that will help with success in this assessment.
Demonstration of Proficiency
By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:
Competency 4: Defend decisions based on the code of ethics for nursing.
Assess the impact of the code of ethics for nurses on the coordination and continuum of care.
Competency 5: Explain how health care policies affect patient-centered care.
Explain how governmental policies related to the health and/or safety of a community affect the coordination of care.
Identify national, state, and local policy provisions that raise ethical questions or dilemmas for care coordination.
Competency 6: Apply professional, scholarly communication strategies to lead patient-centered care.
Communicate key ethical and policy issues in a presentation affecting the coordination and continuum of care for a selected community organization or support group. Either speaker notes or audio voice-over are included.
Preparation
Your nurse manager at the community care center is well connected and frequently speaks to a variety of community organizations and groups. She has noticed the good work you are doing in your new care coordination role and respects your speaki.
Assessment 2-Analysing factual texts This assignment re.docxgalerussel59292
This document provides guidelines for Assessment 2 which requires students to critically analyze one or two key issues, concepts, or themes from the module materials. Students must apply the concept to a factual television format example, such as a news broadcast, documentary, or reality show. The essay should principally focus on one concept and one television example. Higher grades will be given to those who can apply analytical frameworks from one area to a different example. The essay must be 2500 words with proper citations and referencing of academic sources to support the critical analysis.
Assessment 2:
Description/Focus
Essay
Value
50%
Due Date
Midnight Sunday 2 (Week 12)
Length
2500 words
Task: Human services practitioners work across many domains of practice including direct work with individuals, groups and communities.
1. Critically examine the policy or policies that you consider impact upon a client group and suggest ways that policy could be changed to improve the life outcomes for those with whom you are working.
2. Develop a framework that you would adopt for influencing policy change that aligns with your professional values, standards and ethics.
Presentation: The document will be typed in a word document, 12 pt. Font, 1½ or Double spacing
Assessment criteria:
· Critical analysis of social policy
· Application of theory to practice
· Adherence to academic conventions of writing
(eg referencing; writing style)
· At least 8 references. Format APA 6th referencing.
Running head: NETWORK AND WORKFLOW FOR A DATA ANALYTICS COMPANY 1
NETWORK AND WORKFLOW FOR A DATA ANALYTICS COMPANY 2
Network and Workflow for a Data Analytics Company on Ssports
Student Name Nezar Al Massad
Institution Name Dr. Mark O'Connell
Network and Workflow for a Ddata Analytics Company on Ssports.
A company’s network and workflow play a major roles in its performance and growth. Different companies consist of rely on different networks and workflows depending on the services/tasks they are providing and the number of workers and members of staff. A network tends to connect workers and members of staff at different levels of the company. This network tends to create a good and effective workflow within the company, hence a company network and workflow go hand in hand. When creating a network and a workflow of a company, the workers and members of staff working duration must be considered in order to achieve a company objective (Moretti, 2017).Also, the mode of employment which may be permanent or temporary/laying down of workers within a short period of time, to a large extent determines a company’s network and workflow. The change of an organizational requirement due to growth and expansion creates a need for a company to adapt a new network and workflow. A network in company plays a vital role of guiding how the company should run its operations. Comment by Mark O'Connell: Duration?? Comment by Mark O'Connell: What? Laying down?? Comment by Mark O'Connell: OK so stop educating us about the factors that determine a company’s network and tell us about YOUR network Comment by Mark O'Connell: Too obvious
My company in the world requires data analysts for to perform analysisdata analysis allowing them to and make important strategic decisions and identify opportunities in the market, and therefore data analysts are becoming very important vital to our company. Despite this, there are many companies coming u.
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptxEduSkills OECD
Iván Bornacelly, Policy Analyst at the OECD Centre for Skills, OECD, presents at the webinar 'Tackling job market gaps with a skills-first approach' on 12 June 2024
This presentation was provided by Rebecca Benner, Ph.D., of the American Society of Anesthesiologists, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
Gender and Mental Health - Counselling and Family Therapy Applications and In...PsychoTech Services
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How Barcodes Can Be Leveraged Within Odoo 17Celine George
In this presentation, we will explore how barcodes can be leveraged within Odoo 17 to streamline our manufacturing processes. We will cover the configuration steps, how to utilize barcodes in different manufacturing scenarios, and the overall benefits of implementing this technology.
This presentation was provided by Racquel Jemison, Ph.D., Christina MacLaughlin, Ph.D., and Paulomi Majumder. Ph.D., all of the American Chemical Society, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
A Visual Guide to 1 Samuel | A Tale of Two HeartsSteve Thomason
These slides walk through the story of 1 Samuel. Samuel is the last judge of Israel. The people reject God and want a king. Saul is anointed as the first king, but he is not a good king. David, the shepherd boy is anointed and Saul is envious of him. David shows honor while Saul continues to self destruct.
Temple of Asclepius in Thrace. Excavation resultsKrassimira Luka
The temple and the sanctuary around were dedicated to Asklepios Zmidrenus. This name has been known since 1875 when an inscription dedicated to him was discovered in Rome. The inscription is dated in 227 AD and was left by soldiers originating from the city of Philippopolis (modern Plovdiv).
🔥🔥🔥🔥🔥🔥🔥🔥🔥
إضغ بين إيديكم من أقوى الملازم التي صممتها
ملزمة تشريح الجهاز الهيكلي (نظري 3)
💀💀💀💀💀💀💀💀💀💀
تتميز هذهِ الملزمة بعِدة مُميزات :
1- مُترجمة ترجمة تُناسب جميع المستويات
2- تحتوي على 78 رسم توضيحي لكل كلمة موجودة بالملزمة (لكل كلمة !!!!)
#فهم_ماكو_درخ
3- دقة الكتابة والصور عالية جداً جداً جداً
4- هُنالك بعض المعلومات تم توضيحها بشكل تفصيلي جداً (تُعتبر لدى الطالب أو الطالبة بإنها معلومات مُبهمة ومع ذلك تم توضيح هذهِ المعلومات المُبهمة بشكل تفصيلي جداً
5- الملزمة تشرح نفسها ب نفسها بس تكلك تعال اقراني
6- تحتوي الملزمة في اول سلايد على خارطة تتضمن جميع تفرُعات معلومات الجهاز الهيكلي المذكورة في هذهِ الملزمة
واخيراً هذهِ الملزمة حلالٌ عليكم وإتمنى منكم إن تدعولي بالخير والصحة والعافية فقط
كل التوفيق زملائي وزميلاتي ، زميلكم محمد الذهبي 💊💊
🔥🔥🔥🔥🔥🔥🔥🔥🔥
Assessment task title Essay (Critical Evaluation of Legal) .docx
1. Assessment task title: Essay (Critical Evaluation of Legal)
Details of Task:
"The directors of companies,... being managers of other
people’s money than their
own, it cannot well be expected that they should watch over it
with the same anxious
vigilance with which partners in a (...partnership...) frequently
watch over their own. ...
Negligence and profusion, therefore must always prevail more
or less, in the management
of the affairs of ...a company. ( Adam Smith, The Wealth of
Nations (Random House, New
York :1937), 700)
Support, refute or refine the above assertion in the light of
corporate governance theories.
Critically assess the success of the Codes of Corporate
Governance Codes in addressing the
problems identified by Adam Smith.
Word limit: 1900- 2000 words
Criteria for marking: The marking rubric will be posted on
Moodle
Learning objectives assessed: 2, 3 and 4
2. WRITING AN OPINION ON A LEGAL ISSUE
Introduction
The presentation of an opinion on a legal issue will be
considered under two heads as follows:
(a) The pre-writing stage; and,
(b) The actual writing.
The pre-writing stage encompasses the collection of data,
making notes and making preliminary decisions about the
information amassed and avoiding pitfalls. Very often, the
position adopted – for or against – an issue is emotional and is
part of the pre-writing stage.The validity of your position has to
be tested against the facts, opinions and other data you compile
even before you begin drafting your outline.
Before the writing begins
Normally, you will be given a set of facts involving one or more
issues which may involve the law . The facts give rise to a
difference of opinion with some arguing in favour of an issue
and others arguing against it.. You are usually asked to support
a given point of view or to rebut it or to refine it. Several
preliminary matters must be considered before you actually put
pen to paper.
Legal issues are usually carefully crafted and are highly
unlikely to contain any unnecessary facts. Thus every fact
furnished is likely to be important. It is therefore necessary that
you do not dismiss out of hand, any detail as “superfluous”.
Even if you think that a fact is surplusage, consider it carefully
to determine its impact on the issue; chances are that it does
affect the legal position. Close consideration of such a fact will
usually enable you to establish its relevance to the legal issue
3. under scrutiny.
Normally, the fact situation given is complete and you are not
expected to supply any missing facts. This does not, however,
mean that you cannot draw attention to facts that appear to have
been omitted from the issue. One situation in which this must be
done is where, in your opinion, the missing facts will drastically
affect alter the legal position you are arguing.. However, before
you do this, you must ensure that you have scrutinized all the
given facts to ensure that the fact perceived to be missing is not
actually incorporated in, or negated by, a detail or two in the
rest of the statement of the issue.
Where you are arguing for or against a particular point of view ,
you argument must be balanced regardless of whether you are
arguing pro or con. Your advice would necessarily be based on
the facts as well as the legal principles and authorities that
favor your position. However, such advice would not be worth
very much if it ignored the facts, logic and the law that
favoured the other side. The ideal argument would, even as it
emphasizes the factors that favor your position, consider the
facts and the arguments against him. Where possible, it would
show how the adverse facts can be distinguished or, at the very
least, how the unfavorable law and facts affect your position..
It is possible that a particular point of law is not settled. In that
event, state the differing legal options (supported by appropriate
authorities) and discuss them. You should state which of the
options you prefer. Show why that option is to be preferred over
the others. This necessarily involves highlighting the strengths
of your preferred option and conceding its weakness. Do not
pretend that the uncertainty in the law does not exist as that is
tantamount to an admission of ignorance of the state of the law.
Very often, it is possible to have a variety of different
perspectives to an issue rather just one correct viewpoint.
4. answer. In arguing a position, what matters is that the
applicable arguments are raised and marshalled to reach a
conclusion. It is even possible to differ with the law or logic as
conclusively defined by authority provided that answer reveals
knowledge of the applicable law or facts or authority What
counts is the quality of the argument advanced (and the legal or
logical or data on which it is based). Remember, as important as
what you have to say, is how you say it!
When you are expressing an opinion, what you write has to be
shaped by, among other things, your purpose and your
audience/reader. Your purpose, evidently, is to advise your
reader as to his options. To realize this purpose, you will
generally have to identify the applicable law and logic apply it
to the given facts so as to lead to a conclusion about your
reader’s legal position or preferred option. Your task, as the
advocate , is to furnish advice that is comprehensible to your
reader. Normally, your client is a lay person unacquainted with
the law. Your reader does not cease being a lay person simply
because he throws out a few legal terms such as “consideration”
or “estoppel” or “misrepresentation” in his conversation with
you. Thus, unless there is compelling evidence to the contrary,
you should presume that your reader is a lay person. Treat your
reader as a reasonably intelligent, reasonably well-informed
individual able to grasp any argument or concept that is
explained to him. This imposes upon you the obligation to
define and explain any legal concepts that you have to use in
your opinion. Failure to do this may be adversely construed
against you. Remember, in theory at least, you are not writing
for your examiner who may be presumed to know your subject .
You will compile material for your opinion by reading. This is
usually a bigger job than the actual writing of the advice. Check
the accuracy of the legal data (including judicial or logical
authorities) you collect. Before you begin writing, decide the
order in which you want to present your material. An outline
5. would definitely be assist you to organize your material. An
outline would also enable you to determine the relevance of
your material Ensure that the different parts of your opinion
relate to each other and lead inexorably to the opinion you are
supporting
Writing an opinion
Perhaps the best way to approach an opinion legal problem is
not to forget that an opinion , like all writing, has to present
material that is organized to make a point. Writing an opinion r
may be said to include the following stages:
(a) The Introduction;
(b) The Body of your answer; and,
(c) The Conclusion.
To discuss the three stages, we shall consider a problem set in a
previous semester. The problem is reproduced below.
“Corporate governance gatekeepers have vital antifraud roles
and responsibilities” Support, refute ore refine this assertion
(a) The Introduction
Begin your answer by defining the key terms in the statement.
Here you would obviously have to identify the corporate
governance “gatekeepers”. Who/Who are these? (board of
directors, the audit committee, external audit and internal audit)
What do they do? How do they do whatever it is they are
supposed to do? Once you have addressed these questions, you
may declare whether you support or disagree with the statement
. Or do you want to modify it?. The Introduction should close
by announcing the arrangement of your main ideas. Avoid
details which belong properly to the body of your answer.
If you decide to set out your conclusions in the introduction,
make sure you state clearly that this is what you are doing;
otherwise your reader will be puzzled as to why preliminaries
(such as definitions) and other supporting material comes later
in the paper. You also run the risk of generating the impression
6. that your paper is confused and disorganized.
(b) The Body of your answer
State the law on the legal point in issue (give the statutory or
judicial authority for it) and apply the law to the given facts;
and,
Where, as in this case, more than one legal concept has to be
explained and applied to the facts, the task may appear be
daunting. What you need to do is to be systematic. Identify each
concept, define it (if possible), explain it (that is, list and
explain its ingredients or the rules associated with it) and apply
it to the given facts. Remember to furnish the judicial or
statutory authority for each applicable legal principle or concept
Do this for each of the concepts. This process of exposition has
to applied for each of the concepts.
Many an answer consists of the reproduction of all that the
writer can write about a legal concept regardless of its
relevance to the issue at hand. This seems to be the result of
two unvoiced premises. The first is that the writer who has
complied such a vast body of material should not be required to
trim it. The second seems to be that answer must be in the flood
of material unloaded and it is up to the reader to identify the
applicable portion. Examiners are not impressed by such
“unloading” and even if they are willing to wade through the
mass, will do so reluctantly.
The facts constituting a legal position may be based, as they
usually are, on the facts of a decided case. The facts of the
decided case may be used with or without modification in the
problem. Whether or not the facts from the precedent are
modified, the reproduction of the facts and holdings of one or
more case authorities followed by some statement to the effect,
“Based on the cases reproduced above, X is likely to succeed”
is not likely to score more than a passing mark. Such an
7. approach does not reveal either any understanding of the legal
principle responsible for the decision of the precedent or
demonstrate how the ratio of the precedent applies to the facts
of the problem. Without any exposition of the law established
by the precedent and of how it applies to the facts of the
problem, the bare reproduction of case facts and holdings
remains a mechanical exercise.
Case authorities should be cited to provide the source of a legal
principle. Resist the temptation to list all the authorities which
appear to be related to a legal concept – especially if you have
not read them. Padding an answer with inapplicable case
citations will cost, rather than gain, marks.
A question frequently asked about the use of case authorities is
whether it is the holding of a case or both the facts and holding
of the case that should reproduced in an answer. The response
has to be, “Neither, in the preponderance of case”. A case
authority is useful for the principle it established. Ideally, you
should be able to state and apply that principle. If that is what
you do then all you need to do is provide the case citation
without more. For example, look at the following sentence.
“The law is that generally, an advertisement for sale in
newspapers, magazines etc is an “invitation to treat”, that is, an
invitation to make an offer and is not itself an offer: Patridge v
Crittenden [1968] 1 All ER 421
The writer has reproduced neither the facts nor the actual
holding; he has merely stated a legal principle and cited its
source. On the other hand, if you are going to draw close
parallels to the facts of a case, then you need to cite the facts.
Another situation in which it is adviseable to cite the facts of a
case authority is where you want to show how the facts in your
problem differ from the facts in the authority.
When you reproduce passage from a case or other reference
material, acknowledge the source. Note that the conventional
8. abbreviation for “page” is a lower case “p.” followed by the
page number while the abbreviation for more than one page is,
also in lower case, a “pp.” followed by the page numbers.
Consider whether the acknowledgment should be incorporated
in the text or moved to a footnote or endnote.
· Where the sources of a quotation is a case and that is
incorporated into the text, the case should be cited in full as in
Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 at p. 258.
· Where the source is a book, it should be cited as follows:
author(s) / comma / title in italics / comma/ open bracket /
publisher/colon/year of publication/ close bracket / comma /
page number(s) – if applicable/full stop. Examples:
Kwan, Rachel. Playing with the Law, (Mining University Press,
2018), p. 52.
Kwan, Rachel and Marco Joynt (2005) Not Playing with the
Law (Kako House Press: 2015), pp. 544 - 548.
· If you decide to use footnotes or endnotes, they should be
numbered consecutively, beginning with 1, throughout the
paper. The footnote or endnote number is a superior number and
stands clear in the text – without brackets or other
embellishments. Luckily, your computer will insert and number
footnotes and endnotes for you.
(c) The Conclusion.
Your analysis should lead you to a definite conclusion: your
reader either has a case or he does not, he is either entitled to
the option he prefers or he is not. Do not equivocate by
declaring, “Whether XX can succeed depends on the court’s
decision”. Everybody already knows that! Perhaps the only
situation in which such a stance is permissible is where your
analysis establishes that both option/points of view are finely
balanced with very little to distinguish between them. But this
is rare as problems are drafted to allow you to make a decision,
not sit on the fence and to pass the buck to the court.
Caveat
9. What is presented above is admittedly prescriptive. But it is
only a starting point. With experience will come the confidence
that will enable you to vary what is said here to suit your
particular purposes.
2
Lecture 3
Agency Theory
Shareholders of a corporation may not be able to run the
company when it becomes more widespread and diverse as this
would involve too many people in management rendering the
whole process time-consuming and unwieldy. In modern listed
corporations, where shares are bought and sold on the stock
exchange daily, it is impossible for shareholders to take part in
the day to day running of the company. As a result, managers
have to be employed to run the corporation.[footnoteRef:1] [1:
A A Berle and G C Means, The Modern Corporation and Private
Property (Transactions Publishers, New Brunswick: New Jersey,
1991) 66.]
The relationship between shareholders and managers is that of
principal and agent. The managers are supposed to act on the
instructions of the principal which is the corporation as their
contract is with the corporation and not the shareholders,
however often managers have sufficient expertise to run the
corporation according to their skills sets. The duty of the
managers is to maximize the wealth of the shareholders and in
return receive remuneration (salary) for doing so. However
where managers are given free rein in running the corporation,
10. they may lose sight of their duty and run the corporation
without the interests of the shareholders in mind. This is known
as agency problem and gives rise to agency
costs.[footnoteRef:2] They may be interested in short-term
profits which make them look efficient and result in larger
compensation (salary and bonus) while shareholders may
benefit from long-term plans that do not show immediate
benefits. [2: E F Fama, ‘Agency Problems and the Theory of
the Firm’ (1980) 88(2) Journal of Political Economy 288; E F
Fama and M C Jensen, ‘Separation of Ownership and Control’
(1983) 26(2) Journal of Law and Economics 301.]
As a result, shareholders elect a board of directors to set the
strategic direction of the corporation to maximize shareholder
wealth and to oversee that the management is aligned with the
same interests. The board should comprise members who have
the skill and knowledge relevant to running a corporation and in
some instances, a few of the directors should have in-depth
knowledge of the corporation’s business.[footnoteRef:3] The
Board does not take over management’s role but oversees its
role. Some members are employed by the corporation on a full
time basis to oversee the managers and operations of the
corporation. These are known as executive directors. Other
directors attend board meetings on a monthly or quarterly basis
and depend upon information provided by the management and
company secretary to make decisions. These are known as non-
executive directors who are either independent with no
connection to the corporation’s shareholders, board or
management and are not service providers to the corporation,
and non-independent non-executive directors who usually
represent majority shareholders or a group which has an interest
in the corporation. [3: M C Jensen and W H Meckling, ‘Theory
of the Firm: Managerial Behavior, Agency Costs and Ownership
Structure’ (1976) 3 Journal of Financial Economics 305.]
One of the main problems in monitoring corporations is that the
11. managers have more insider information compared to the
shareholders and often the board of directors. This is known as
information asymmetry and is one of the problems that arise
when shareholders are unable to manage the corporation that
they own.[footnoteRef:4] Agency theory dominates perpectives
on corporate governance and results in the use of gatekeepers to
monitor management.[footnoteRef:5] These gatekeepers are
mainly the board of directors but auditors too are now perceived
as gatekeepers. These gatekeepers incur monitoring costs to
control managers and bonding costs which are the cost of
establishing compliance by managers through quarterly reports,
internal controls and other frequent checks on the behaviour of
managers. In spite of the presence of gatekeepers, not all
opportunistic behaviour can be eradicated. [4: A Shleifer and
R W Vishny, ‘Large Shareholders and Corporate Control’
(1986) 94 Journal of Political Economy 461.] [5: J Kirkbride
and S. Letza, ‘Can the non-executive director be an effective
gatekeeper? The possible development of a legal framework of
accountability’ (2005) 13(4) Corporate Governance: An
International Review 542.]
Stewardship theory
In contrast to the agency theory, the stewardship theory states
that managers have an orientation towards achievement,
altruism and want to gain a reputation for good work that will
make them marketable. They also want the satisfaction of a job
well done when the business expands or makes higher profits.
This is in line with maximizing shareholders’
wealth.[footnoteRef:6] This theory emphasizes that managers
should be trusted and given the necessary authority to carry out
their dureis and are stewards who protect shareholder wealth.
They will not engage in opportunistic behaviour and as a result
there is less need for gatekeepers to oversee them. This theory
focuses on empowering managers instead of controlling
them.[footnoteRef:7] [6: L Donaldson and J H Davis,
‘Stewardship Theory or Agency Theory: CEO Governance and
12. Shareholder Returns’ (1991) 16(1) Australian Journal of
Management 49.] [7: J H Davis, F D Schoorman and L
Donaldson, ‘Toward A Stewardship Theory of Management’
(1997) 22(1) Academy of Management Review 20.]
Managerial Hegemony Theory
This theory states management makes decisions without
involvement of the board of directors. Independent directors are
not effective gatekeepers because of information asymmetry
between the CEO and management and the board. The board is
therefore a legal fiction in spite of its formal governing power
over the management and is in effect dominated by top
management. The board exists only because it is required under
corporate laws. It is actually an ally of management as the
members are selected by the Chief Executive Officer (CEO) and
the board is used to legitimise management’s recommendations.
There is a suggestion that directors who are elected during a
particular CEO’s tenure may feel loyal to that CEO and neglect
their role as gatekeepers.[footnoteRef:8] [8: M.L. Mace,
‘Directors: Myth and Reality’ in T Clarke (ed) Theories of
Corporate Governance: The Philosophical Foundations of
Corporate Governance (New York, Routledge, 2005) 93. ]
Cadbury Code on Corporate Governance
The Cadbury Code resulted due to financial scandals in the UK.
Sir Adrian Cadbury headed a committee established in 1991 by
the Financial Reporting Council, the London Stock Exchange
and the accountancy profession. The Committee was of the view
that while a Code establishing best practices in corporate
governance should be introduced, it should not be made
compulsory as corporations would end up ticking boxes instead
13. of attempting to genuinely improve governance practices in
their firms. As a result the best practices were introduced and
corporations were encouraged to comply on a voluntary basis.
The Cadbury Code of corporate governance was one of the
earliest comprehensive codes on corporate governance in the
UK and advocated self-regulation. It emphasized the difference
that the Board can make to the governance of a corporation and
that the board should not depend upon auditors or regulators to
set standards of good governance. It stated that good corporate
governance practices lies with the board and the management
takes its cue from the Board. The Code introduced major
principles of governance comprising openness, integrity and
accountability by stipulating that financial reporting should be
honest. This does not mean that corporations were dishonest but
these principles were a reaction to the financial scandals in the
1980s and early 1990s. It also set a standard for the Board to be
accountable to shareholders as there was a perception that the
Board did not always regard itself in this role. It recommended
that financial reports should present a true and fair view of the
corporation’s financial position. The Cadbury Report suggested
making quarterly reports to shareholders and although this was
not a recommendation in the Code, the suggestion was later
applied by stock exchanges and auditors.
One of the main points raised in the Code was to emphasise that
there is a difference between the role of executive directors
(EDs) and non-executive directors (NEDs) and the latter had an
important role to review performance of the board and take the
lead in potential conflict of interest situations. NEDs should
lead the Board on issues of strategy, performance, resources,
key appointments and standards of conduct. Prior to the
Cadbury Code, NEDs were not perceived as making much of a
contribution to the board. In addition the Code emphasized the
role of independent NEDs (INEDs) who were expected to be
independent of the board and management in order to carry out
their watchdog role while also providing leadership in key
areas. The Code referred to domination of the Board by
14. individuals like the CEO or Chairman and implied that INEDs
would reduce incidences of domination. The idea of a ‘shelf
life’ for INEDs was mooted although a time frame was not
stipulated clearly. The Code recommended that corporations
establish a nomination committee to select competent directors
to serve on the board and an audit committee to liaise with
internal and external auditors. This resulted in greater emphasis
on the role of internal audit in addition to external auditors
which provided better protection to shareholders. It also
recommended a remuneration committee which would
recommend salary structures for the Board and senior
management which would be disclosed to shareholders. This
ensured that their salaries were not determined by one of two
individuals only.
The Code’s recommendations on the role of the Board included
having a formal schedule and minutes of meetings, training for
directors to familiarize themselves with the corporation’s
business and with the latest developments in corporate
governance and allowing directors access to external advice
when carrying out their duties. It also emphasized that the board
should take responsibility for establishing internal controls in
the corporation.
The Code emphasized the role of auditors and with some
foresight they touched upon the conflict of interest when the
same audit firm offered audit and non-audit services and as the
latter service may bring much higher revenue which may tempt
auditors not to be honest in their audits. This became a major
reason for the Enron scandal less than 10 years later! The
Report recommended the split between audit and non-audit
services but most countries including the UK did not implement
this until much later. The Report also recommended rotation of
auditor firms but this was not incorporated in the Code.
Rotation of audit partners has only recently been implemented
in many countries.
The establishment of the audit committee (AC) provides a clear
reporting line for auditors as the AC is a sub-committee that is
15. responsible for investigating any unusual financial activity
discovered by the auditors. The AC also has to follow up on
interim reports by the auditors pointing out deficiencies in
internal controls or financial irregularities. It was suggested by
the Committee that auditors who suspected or had proof of
financial mismanagement by the Board have a duty to report it
to the board. This suggestion was not implemented in the Code
but has become mandatory under the US Sarbanes Oxley Act
2002 (SOX) after Enron and also under various whistleblower
provisions in Malaysia and Australia. The Report also suggested
that auditors should self-regulate and impose high standards on
the profession. This has not yet been implemented in the UK but
has been implemented through SOX in the US and also by the
Audit Oversight Board in Malaysia since 2010.
The Cadbury Report emphasised the accountability of the board
to shareholders. In many cases, shareholders were apathetic and
did not know how to uphold their rights and the board acted
without fully taking the shareholders into consideration. The
Report was an important and timely reminder to boards that they
were there to service the shareholders and were agents of teh
shareholders. The Report also suggested that shareholders be
empowered through shareholder organisations and through
proxies or legal support. While shareholders have been
empowered recently, the process has been very slow. The
Malaysian Companies Act for example does not permit proxies
other than certain categories of persons and the method of
voting is also in question. Recently amendments to the Act
permit shareholders to sue the corporation with the leave of the
court whereas in the past, shareholders could only take action if
their personal rights were affected.
The Cadbury report emphasised the role of institutional
shareholders as they have the resources and hold sufficient
shares to make demands or changes to the board. The Code
encourages institutional shareholders to have regular contact
with the Board. In many instances, institutional shareholders are
represented on the Board by NEDs. The Report’s
16. recommendations have been realised through the Institutional
Shareholders Code in the UK and also the Corporate
Governance Blueprint 2011 in Malaysia. However as many
institutional shareholders in Malaysian GLCs are GLICs and
there are political links between the these corporations and
political parties, the benefits of institutional shareholders in
highlighting shareholders concerns is questionable. There may
be instances where the interests of minority shareholders and
GLICs may differ as the latter is attempting to fulfil
government policies while minority shareholders are merely
interested in increasing the value of their investments.
Many recommendations in the Cadbury Report have been
implemented and in some instances been made mandatory by the
Stock Exchange or regulators. The Report shows foresight and a
deep understanding of the requirements of good corporate
governance.
Greenbury Committee
The Greenbury committee was established in 1995 to review
directors’ remuneration as directors were being paid large
salaries with little accountability to shareholders. Large payouts
were not justified by performance. The Committee
recommended that the remuneration of all directors should be
included in a report and tabled before shareholders with details
of each director’s salary and not the aggregate. The
corporation’s policies for salaries, stock options, long-term
investments, pensions termination payments also have to be
disclosed to shareholders with accompanying explanations as to
justification as for payments made or benefits granted.
Hampel Committee
The Hampel Committee report was published in 1998 and it
endorsed most of the recommendations in the Cadbury and
Greenbury reports. The Hampel Committee recommended a
hybrid approach instead of a purely voluntary approach to
corporate governance. It stressed that while the board has the
role of leading the company for future strategies and growth it
also has the role as corporate watchdog. It recommended
17. separating the role of Chairman and CEO as the latter leads
management while the Chairman leads the board. The
Committee stressed on the role of INEDs which is separate from
other NEDs and EDs. It also stated that the term ‘independent’
required further definition. This is an issue that is difficult to
resolve. Stock exchanges such as Bursa Malaysia have defined
independent directors as persons who have no commercial or
family ties with the board or senior management. However one
of the main problems is that directors may not be independent in
their mind which is difficult to assess. There are suggestions to
limit the term of independent directors to reduce chances of
familiarity with other members of the board resulting in greater
‘group think’ than independence. The Hampel Committee also
stressed the role of institutional shareholders and indicated that
there should be dialogue between these shareholders and the
company.
In addition the Committee stressed on the importance of internal
controls and financial reporting by stating that the standards
applied to yearly financial reports should also be applied to
interim reporting. Listing Rules now require companies follow
this and also to make public disclosure of any material impact
on the company’s financial position. The
Committeerecommended that external auditors should have to
report independently to shareholders and that companies should
limit non-audit services to a proportion of audit services (10%)
so as not to compromise auditor independence; an occurrence in
Enron which was only discovered several years after the
Committee’s report.
Turnbull Report
As a result of the Committee reports above, the UK Combined
Code of Corporate Governance was enacted on a comply or
explain basis. The Institute of Chartered Accountants in
England and Wales (ICAEW) set up a committee to provide
guidance to companies to implement the internal control
requirements of the Code as sound internal controls and risk
18. management procedures would safeguard a company’s and
shareholder’s assets.
The Turnbull report stated that the board should consider the
nature and extent of risks facing the company, risks that are of
acceptable level of the company, likelihood of those risks
arising, the company’ s ability to reduce those risks and its
impact, costs of managing the risks and the benefit. The Board
should communicate its assessment to the management which
will have to implement board policies on risk and control
through standard operating procedures which give employees
the authority, information and skills to manage risks. The
company has to put in place policies and processes to manage
risks in its documentation and reporting procedures.
The Board has to review whether the internal control systems in
place are effective and this should be done on a continuous
basis (annual). Any weaknesses should be addressed and
procedures put in place to reduce those weaknesses and the
board needs to make a statement to this effect in the annual
report. Internal auditors are an important part in ensuring that
internal controls are in place and they should be required to
make a risk assessment to report this.
Higgs Report
This Report was issued in 2003 to review the role and
effectiveness of NEDs. The review was due to changes in
Europe, several committee reviews in the UK and the SOX in
the US due to scandals like WorldCom, Enron and Parmalat
(Italy).
The Report stated that the BOD is collectively responsible for
promoting the success of the company and supervising its
affairs. Board sub-committees should publish a report in the
annual report and the number of board meetings and each of its
committees should be disclosed. The board should reflect a
diversity of experience and skills but should not be so large as
to be unwieldy. The Report recommended that ½ the BOD
should be INEDs and there should be more EDs to replace NEDs
as EDs have information about the company. The Report also
19. stated that the board should meet at least once a year without
EDs and chairperson present to discuss matters.
The Report recommended that prior to taking up an appointment
NEDs should conduct due diligence on the company to find out
more about its financial position, CG reputation, the type and
extent of business, obtain information about other members of
the board and their skills, the financial viability of the
company, the background of its main shareholders, whether
there was any threatened legal action against the company, risks
attached to joining the board, conflicts of interest and whether
the director could make a contribution to the company.
The Report also recommended that a senior independent non-
executive director should be appointed to liaise with
shareholders in the event that the shareholders had any concerns
which they felt were not taken seriously by the rest of the
Board. The Report recommended that the definition of
independence should be included in the Code and should mean
that the director is independent in character and judgment and
there are no relationships or circumstances that will affect the
directors’ judgment. An independent director must not be a
former employee unless there is a gap of 5 years since he/she
was employed, have a material business relationship with the
company within 3 years, have received additional remuneration
from the company or participated in share option scheme etc.,
have close family ties with the directors, advisers or senior
employees, cross-directorships with other directors, represents
significant shareholder or served on the Board for more than 10
years.
The Higgs report in hindsight was able to draw lessons from
Enron and the Report stressed on the independence of directors
as Enron had many INEDs who were not independent in
judgment and character as they had close ties with the other
members of the board and senior management.
The Higgs report also recommended that the nomination
committee (NC) should comprise a majority of INEDs and
should be chaired by a INED. It should evaluate a balance of
20. skills, knowledge and experience on the board and prepare a
role and prepare a description of the role and capabilities of
required for a particular appointment. It should also state in
detail the process used for appointments and if the positions
have not been based upon external advice or open
advertisements, it should provide an explanation. Another
recommendation was for NEDs get a letter of appointment with
details about the time commitment, committee memberships and
involvement outside board meetings expected. In return NEDs
should disclose to the chair the nature and extent of their other
appointments and confirm that they will be available to carry
out their role.
The Higgs report emphasized the role of the nomination
committee to ensure proper succession planning for
appointments to the board and proper induction for new
appointees. It recommended training for directors to update
their skills and knowledge and also recommended annual
performance evaluation of the board and various committees
which should be reported in the annual report. It recommended
a time frame for NEDs which is a maximum of 9 years but the
preferable term is 6 years and stated that the nomination
committee should evaluate if they are able to give the time and
responsibility required of them. EDs should not take on more
than 1 NED position and should not become a chairperson of
another company. The Chairperson must not hold a similar
position in another company.
The Report recommended that a NED’s remuneration should
reflect the workload, scale and complexity of the business and
the responsibility involved. It should be divided into annual fee,
meeting attendance fees, chairmanship of board committees,any
further roles such as senior INED but they should not be given
stock options. NEDs should take their concerns to the chair and
their fellow directors and should ensure that their concerns are
recorded in the minutes of the meeting. If they feel that
resignation is the only course of action left, a written statement
should be made to the chairperson for circulation to the board
21. giving reasons for the resignation. The remuneration committee
should work closely with the NC to ensure that the incentives
for directors and senior executives are appropriately structured
to avoid rewarding poor performance. Senior INEDs should
attend meetings with a range of shareholders to develop a
balanced understanding of themes, issues and concerns of
shareholders. In addition, NEDs should upon appointment, meet
with major shareholders as part of the induction.
Further Readings - (Chapter 2, Corporate Governance in
Malaysia)
BTW 2320: Current Issues in Corporate Governance
Marking Rubrics
Student name :
_____________________________________________________
___________ Intake :
_____________________________________
Criteria
Outstanding
Good
Satisfactory
Unsatisfactory
Marks
Knowledge & understanding
The essay demonstrates thorough understanding of the issues
case; where the details were comprehensively identified and
discussed.
22. The essay demonstrates good understanding of the issues; where
the details were identified and discussed.
The essay demonstrates satisfactory understanding of the issues;
where some of the details were identified and discussed.
The essay demonstrates poor understanding of the issues; where
the student fails to identify or discuss most of the detail sues.
Analysis
The essay is well researched, showing in-depth analysis, with
arguments that are clear and persuasive.
The essay is competently researched, showing good analysis,
with arguments that are reasonably clear and persuasive.
The essay shows some research and analysis of the issues; with
attempts to construct logical and persuasive arguments.
The essay shows limited research and insufficient analysis;
where the arguments are poorly constructed.
Clarity & coherence
The structure and organization of the essay is systematic and
logical. The writing is clear and concise.
The structure and organization of the essay is reasonably
coherent. The essay is generally well written.
The structure and organization of the essay is satisfactory. The
writing is difficult to follow in parts.
The structure and organization of the essay is incoherent or
confusing. The essay is poorly written and difficult to follow.
Presentation, footnoting & referencing
Minimal errors in grammar, spelling or punctuation. Full and
accurate citation of authorities and sources.
Occasional lapses in grammar, spelling or punctuation.
Authorities and sources are generally cited correctly.
Some lapses in grammar, spelling or punctuation. Some
missing, incomplete or incorrect citations of authorities and
sources.
Frequent lapses in grammar, spelling or punctuation.
23. Unsatisfactory citation of authorities and sources.
Total marks: …./15%
BIBLIODATA ON SOME PAPERS ON CORPORATE
GOVERNANCE
Pek Yee Low, and Abdul Majid, “CEO Dominance, Family
Control and Modified Audit Opinions in Hong Kong,” Corporate
Ownership & Control, volume 5, issue 2 , Winter 2008,
(Continued -1), pp.179-187.
Mark A. Bliss, Balachandran Muniandy and Abdul Majid,
“CEO Duality, audit committee effectiveness and audit risk: A
Study of the Malaysian Market,” Managerial Auditing Journal,
vol. 22, No. 7 (2007), pp. 716-728.
Michael J. Ferguson and Abdul Majid, “To Sue or Not to Sue:
An Experimental Study of Factors Affecting Hong Kong
Liquidators Audit Litigation Decisions” Journal of Business
Ethics, vol. 46 (2003), pp. 363- 374.
4. Abdul Majid, Ferdinand A. Gul, and Judy S.L. Tsui, “An
Analysis of Hong Kong Auditors’ Perception of Selected Red
Flag Factors in Risk Assessment” Journal of Business Ethics,
vol. 32 (2001), pp. 263-27.
Abdul Majid, Ferdinand A. Gul, and Judy S.L. Tsui, “An
Analysis of Hong Kong Auditors’ Perception of Selected Red
Flag Factors in Risk Assessment” Journal of Business Ethics,
vol. 32 (2001), pp. 263-27.
Abdul Majid, Low Chee Keong & Krishnan Arjunan, "Company
Directors' Perceptions of their Responsibilities and Duties: A
Hong Kong Survey" Hong Kong Law Journal vol. 28, Part 1
(1998), pp. 60-89.
Abdul Majid and John Pragasam, "Interactions of Intolerance of
24. Ambiguity and of Contingent Liabilities on Auditors' Avoidance
of Litigation" Psychological Reports, vol. 81 (1997) pp. 935-
944. 18.
Abdul Majid and Marian Tong, "Auditor's Legal Liability for
Client Fraud and Other Irregularities: An Empirical
Perspective" Hong Kong Journal of Business Management vol.
xiv (1996), pp. 69-81.