Selecting Right Partner In Forming International Joint Ventures Management Essay

Selecting Right Partner In Forming International Joint Ventures Management Essay Over the past twenty years, there has been a surge of interest of companies coming together, many of which were reflected in the popular management press and the academic journals of corporate links being formed. Many organisation now uses strategic relationship rather than competition among themselves to grow their business. These are formed for a variety of reasons, which include new technology development, expansion to new domestic market, reducing manufacturing cost, new product development, ability to increase profit margin, financial support and sharing of economics risk, overcome legal and trade barriers and many more. These are some of the reasons why collaboration sometimes called partnering, alliances or joint venture among many terms are formed. Joint venture is one of the most popular forms of strategic relationship and it utilises separate business entities like cooperation, limited liability company or partnership, this entity makes the involved parties to limit the lia bilities involved. In recent years global challenges has fostered many companies from many countries to go into international joint venture more stronger than in the past, manufacturing companies, oil and gas companies, construction companies, banking sectors, automobile companies and many more are forming the international joint ventures. Objectives As partner selection is considered to be very important to have a successful collaboration, this module will be focusing on selecting the right partner in forming an international joint ventures. The answers will be focusing on the literature on how to select a good and successful partner when forming a joint venture. Also the following factors will be considered in forming a successful collaboration: The main characteristics to look for in a good collaborative partner, selection criteria and the strategic, political and tactical implications. The factors thats determines the good partners match in collaboration. And what the two companies going into collaboration can do to create good partnership condition. Literature review introduction As it was started in the objectives in the previous chapter, this report will be discussing various factors that are needed to be highly considered in selecting a partner when forming international joint venture, but before going further below are the definitions of some common terms of collaboration. Some Basic Definitions Collaboration Different companies go into collaboration with different reasons, and the reason why many companies go into collaboration is to try and gain competitive advantage, entering new market and many more. Collaboration accomplish shared vision, achieve positive outcomes for the audience involved and it also build interdependent system to address issues and opportunities. It is a world in which almost anything, in principle, is possible since you are not limited by your own resources and expertise only but by tapping into resources and expertise of others. ( Huxham and Vangen, 2005). Members of the collaborations needs to be ready and willing to share their vision, mission, power, goals and resources to achieve success. Also Collaboration is the act of working together to create or produce something for mutual benefit. (Oxford Advanced Learner Dictionary, 2001). http://ayanthianandagoda.files.wordpress.com/2009/07/collaboration.jpg Fig 1 collaboration Source : http://ayanthianandagoda.files.wordpress.com/2009/07/collaboration.jpg Joint ventures There are many different definition for joint ventures, as experts opinions differ significantly. A joint venture is a strategic alliance formed by two or more parties usually in businesses, partner together to share markets, assets, intellectual property, knowledge and profit. (Valerie, 2006). Stephen et al.(1993) consider joint venture as a form of collaboration. He later defined it as a distinct business entirely created and jointly owned by two or more parent organisations. Robert L .Wallace ( 2004,) defined joint venture as the coming together of two or more independent businesses in which both of them have sole purpose of achieving a specific outcome that might be difficult for each of them to achieve individually. http://www.internationaltradelaw.org/images/partnership.jpg Fig 2 joint venture . Source : http://www.internationaltradelaw.org/images/partnership.jpg International joint ventures When joint ventures crosses across the border, it becomes international joint ventures. International joint venture is defined as the joint ventures that involve firms coming together from different countries cooperating across national and cultural boundaries. ( Aimin and Yadong, 2001). At times, international joint ventures are formed by two companies in the same country but located in a country other than their parent countries. (Geringer and Hebert 1989). Though majority involve two parent firms, one from foreign and the second one a local company. Also it may involve partners with complex nationality and cultural background. For example, Xerox Shenzhen company formed from Xerox (china) and fuji Xerox (US-Japanese joint venture in Japan.). International Joint Venture Fig 3. International joint venture Source : http://t3.gstatic.com/images?q=tbn:shC_GkI4UDgeCM:http://farm4.static.flickr.com/3504/3841640658_367ae3ab0d.jpg Merger and Acquisition There is a big difference between merger and acquisition, they should not be mistaken to be the same. Merger is when two companies come together to form a new company while acquisition is when one company purchase another company. Fig 4 merger and acquisition source : class module Motives of collaboration According to Ian Hewitt (2005), A company should not just go into collaboration just because other companies does, in fact different companies go into collaboration for different reasons. Below are few of the reasons why many companies does Increasing competitive pressure : competitors or rivalries in the market is one of the major reasons that force some companies into joint venture. Sharing cost and risk : one of the main reasons for joint venture is cost saving and risk sharing. It helps to achieve synergy through rationalizing of employment and other fixed cost, and it also research and development project like pharmaceutical, electronics, aero-engine, telecommunication and so on. Joint ventures are frequently used in capital intensive project like power stations or infrastructural projects Entering new markets : partnering with another company already established in a particular market also helps in entering new and emergence market effectively and it also helps in marketing an existing products and service to new customers. Total-quality-management. Do more with less : it brings about a quality management into business and help in achieving the companies objectives in less time. Access to new technology, technology know how and customers : joint venture helps to gain access to and to learn from partners technology , experience and skills as there is a rapid change in technology advancement day by day. Improve access to financial resources : coming together of the two companies improves the financial resources. Expand customer base : international joint venture also help to expand customer base in by making use of partners strength in different geographical area and both develop a wide network. Developing new products : a company can go into joint venture to provide new products or service to their current customers or new customer. Since it is joint venture, the companies can develop a new products to sell to their customers. In this new wave of technology, you cannot do it all yourself, you have to form alliances. Carlos Slim Helu. The Benefits and Risks Having considered few of the reasons why companies go into collaboration, it may sound interesting that collaboration is everything but an extreme care need to be taken when choosing the collaboration partner. Collaboration is good (when the right partner is selected) and it is bad (wrong partner). Before going into details of selection criteria in choosing a partner, below are the types, benefit and Risks associated with collaboration. Benefits Increased financial resources and stability : it allows the partners to contribute financially to the project in an appropriate ways to the joint operation and it increases the financial stability of the business. Improve buying power and economies of scale : it gives cost advantages and better purchasing power to increase the volume of business. Expansion to new market : forming joint ventures can help in capturing a new market. Share R D, engineering, production costs : joint venture helps when a company is trying to enter a new field of business, by forming joint venture with a company already established in the business, it makes it easier to enter into the market. Examples include research institute and national government level. Shorten lead time : collaboration shorten lead times and it makes it possible to achieve more in less time. Risks Loose overall control or desire for control : if it is not well managed, the stronger partner becomes a dominant and this can undermine the interest of the other partner and it may eventually leads to termination. Cultural issue : the partners must understand each others culture very well by doing an intensive research. Competent team that can negotiate in with people of different culture should be assigned to manage. Foreign exchange risk : in joint venture, high volatility in the foreign exchange market, the movements of Dollars, Yen, Pounds, Rupee, Franc and many more cannot be predicted, and even due to this in the oil transaction, it is generally accepted in the western world to trade in US dollars. Communication and translation problems : multinational project can become more complex if there is communication problem, and it is even better to have a translator or even two translators. Loose identity : individual company can lose their identity and they may end up in forming a new name and old customers loyalty may be lost, though if the partnership is well managed it will create new customer loyalty. Partners failure : if the partner failed to deliver, this mat cause a serious consequence or termination to the contract while the objectives have not been meant. Types of collaboration There are many ways in which collaboration can be formed, depending on the common objectives of the companies involved. Collaboration can be grouped into two namely : those defining the structure of the relationship and those defining the technical or commercial purpose of the relationship. Below are few types of collaboration that can be formed. Purpose Research Collaboration : which is most effective in scientific research and high technology new products. Joint Design and Development : involves two or more companies coming together to share the risk of developing a new product and this often leads to joint or parallel production. Joint Production : when two companies agree to produce separate sub-assemblies of the final product and this can leads to joint venture company. Parallel Production : when same and similar product is manufacture in two or more countries and one partner leads the development of manufacturing facilities. Licensing : formal agreement between two companies where primary company allow to use it design or know-how, or to manufacture a product and it involves payment of royalty fees. It may be of two types namely ;licensing in and licensing out, or both . Franchising : this involves third party to market proprietary products or services under the original suppliers brand name e.g. stores and supermarkets, fast food outlets, petrol stations, etc. Structure Informal and Gentlemans Agreements : this can be word of mouth agreement usually between partners of common interest and trust is essential. It can be a starting point for formal arrangement. Strategic Alliances : Michael and Srinivasa 1995) said it can be defined by simultaneously possessing the following three necessary characteristics; Two or more firm that unite to pursue a set of goals already agreed upon Partner firms share the benefits of the alliance and control over the performance of the assigned task Both contributes on a continuous basis in one or more strategic areas, e.g technology and product. It has no legal form, it is a relationship formed between two or more companies that share (proprietary), participate in joint investments, and develop link and processes to improve their performance of their companies. (http://www.apics.org/.). It can lead to creation of joint venture company. Strategic partnership : is a form of strategic alliance in which the partners are linked by a non-controlling level of shareholding, either bilateral or unilateral. (W.J.Bacchus 2005) Joint venture companies : this is an independent business entity, it involves ownership, operational responsibility and financial risk and reward. As it was started in the objectives in the previous chapter, this report will be focusing on joint venture companies. How to select a compatible Partner Companies that are more thorough and comparative in selecting international joint venture partners are more likely to be successful. When there is a need for joint venture, choosing the right partner is another important factor. Only few companies today believe they can achieve their goals and objectives on their own but by seeking partnership with another company to stay ahead in todays global economy, So due to this, there has been an high increase in the numbers of companies coming together around the globe . When a company is going into a joint venture, collaboration strategy need to be established. Furthermore in this report, it should be noted that a company in question will be represented by Company A and other companies that are available to choose from will be represented by Potential partner A,B,Cà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦ The company A planning and operational stages can be established as : 1st stage 2nd stage 3rd stage Fig 5. Planning stages Company strategic planning For any company going into collaboration, internal check is the first thing to consider. Internal check allows company A to analyse its performance so far in the competitive market, the knowledge and skills, financial stability and status, government policy, benefit and risks associated with joint venture, and most importantly their objectives of going into collaboration. To properly analyse these factors, S.W.O.T analysis can be used as follows : SWOT Analysis S- Strength What makes company A to remain strong in the market, backbone of its performance so far and this is part of what will attract a partner to go into joint venture with company A. W- Weaknesses Where they have been lagging behind, and affecting the company performance, it may be new technology innovation, lacks of skills or experience staff, inadequate training, breaking into new market and many more. O- Opportunities Opportunities can be to how strong company A is where it operates, reliability, wide network of customers, government connection, fast developing market, regional growth, license, market expansion and many more. T- Threats The treats can be government policy, competitors, Intellectual property right, fakes or fraud copies etc Table 1. S.W.O.T analyses of Company A After the S.W.O.T analysis of company A, having clearly analysed the needs and the objectives of the company, then a decision can then be made on types of strategy that will be best suited for them, either growing internally to combat the threats and weaknesses analysed while making best out of their opportunities and strength ,or by sourcing for a potential partner that they both have common objectives, and make sure the SWOT analyses of the two companies complement each other. The company As decision can be to grow internally or to seek a potential partner of product or project relatedness. à ¢Ã‹â€ Ã… ¡ Fig 6. (Source : Class Module) Growth of Company A At this stage, company A should be clear of the strategy best suited for them, and to assume that collaboration is the best. Then what type of collaboration and with what type of partner. How to maximise the benefit of collaborations and how to mitigate the risks should also be noted. Initial Assessments of the Potential Partners Having decided to go for collaboration (international joint venture), Initial assessment of the potential partners is very essential at this stage before going into details or make any commitment to avoid some of the risks attached to forming a joint venture, which is money and time wasting. In doing this, the following factors need to be considered : Objectives : the objectives of the two companies should be common and complement each other. Backgrounds : knowing about the companies background is important, knowing about their past, present and future intention records. Reputation : integrity of the company going into business with is important as people tend to judge you by the company you keep. Check what people say about them in terms of trust and reputation and also the success of collaboration they have had in the past if there is any. There should be a clear indication that trust can be build inside the relationship. Reliability : the company must be reliable to trade with. Experience : also it should be checked if they have had any collaboration experience in the past, then what was the outcome of it, if it was a success or failure, What type of management team do they work? Capital : they must be financially secured and they do not have credit problems and free from debt . Culture : the culture of the potential partners must be well read and understood. In international joint venture, cultural issues need to be taking care of as different cultural background sees contracts different ways. Structure ; also the structure in which they operate must be understood, also their mission, vision and values must be clearly considered and check if the joint venture can work. Performance : the way they perform in the market is also important, their level of performance in satisfying their customers and suppliers also need to be considered. Their production performance is also important. Product : the brand value should complement each other . These are the characteristics to look for in a potential partner and these factors can be known by checking the websites of the potential partners, company magazines, company reports (quarterly, mid-year, or annual), journals, trade publications, consultants, investment banks, collaboration track records, their suppliers and customers, ex- employee, newspapers and/or from the proposal sent from the potential partner. Tactical planning The next stage is the tactical planning and analysis, it is one of the most important aspect to consider when selecting a partner, having gotten SWOT analyses of your company and all the companies involved. Analyses Company A Potential partner A Potential partner B S- strengths à ¢Ã‹â€ Ã… ¡ W- weaknesses à ¢Ã‹â€ Ã… ¡ O- opportunities à ¢Ã‹â€ Ã… ¡ T- threats Table 2. S.W.O.T Analyses Comparison These allows to compare the general features of each of the potential partners with company As S.W.O.T analysis to check which ones complement each other , and to make initial consideration of the company that can be collaborated with. Key issues and objectives at this stage need to be analysed from these S.W.O.T analysis, and the type of options each company can offer in terms of working together. If collaboration is the best, then what type can be the best for each of the potential partners. Which partner share the common strategy with company A. Also what can be the benefits and risk of forming joint venture with each company need to be carefully accessed. Also at this stage, evaluation and initial assessment of most suitable partner attributes is next. Then the objectives must be clearly defined . it must be S.M.A.R.T. S- Specific M- measurable A- achievable R- realistic and T- time bound The following factors are must be carefully considered when selecting a partner : Cultural issues In international joint venture, cooperation between different partners of different cultures can be a major challenge. In America tends to be individualist and not group oriented but unlike the Japanese that practices collectivist and are group oriented. Aimin and Yadong,(2001), Said one partner may impose its cultural values and norms on the other partner without even consider what the latter attribute might be. And later said that Americans are not very good in learning from their partners as Japanese does, so many foreign companies uses joint venture as an easy way of gaining access to America market and technology. And apart from the national culture, company operational culture need to be well access and make sure that there is compatibility in organisational and management practices with potential partner. Other factors that need to be taking into consideration about cultural issues when forming an international joint ventures are : Language : the language of the contract must be well understood. Since it is international joint venture, it is most likely that the companies comes from a very different nationality, so there must be a common language agreed upon to be used in meetings. Moreover if it is difficult to communicate better in that language, then a competent interpreter that can easily understand the two languages can be used and to be more clear and perfect, two interpreters can be used. The language must be well understood with no hidden agenda. Negotiation : negotiation in international joint venture require a very good management team in order to be successful. The strength and success of o joint venture depends on the interactions of its people. The team must have the experience, skills and attribute it takes to manage joint venture or people with moderate experience but motivated and committed to gain more knowledge. The management team consider the following factors ; Possible outcome : it is essential to outline what the possible outcome of company A and even the potential partners can be. Either it will be a win-lose or win-win approach or mixed. Alternative to agreement : also Company A need to have in mind what can be the best alternative to what they have already agreed on, and also what can be the best alternative for the potential partners as well. Then Company A should find a creative ways to strengthen their own and weakens their partners alternatives. Contract termination : there must be a clear agreement on how to terminate the deal and the price at which any of the companies can breach the deal must be set and estimated for each company. Records keeping : proper record is essential in international joint venture and at the end of every meeting, they need to check what they have already agreed on and what is still open to be discussed. Build trust : the team must be very open, ask many questions for clarity, show respect and highlight complementary need and interest. Resources : a company going into collaboration might not have the full resources require available to meet the demand and may need to tap resources from the joint venture partner. Resources can be human (people), skills and training, technology, raw materials, manufacturing facilities and so on. It must be ensured that the there will be availability of full resources. Political issues The partnership should be checked if it is politically accepted in each country and political risks should be considered. It is possible for the international joint venture to be affected by the political events or political instability in a host country. Also when there is a change in political relationship between the two countries, it may also have an implication on the joint venture. The system of government of the host country, political stability, laws and regulations, existence of other governing bodies must be taken into account. In order to plan ahead of any unforeseen political risk, an insurance policy need to be done and there must be an agreement on financial and operating policies. Financial issues This is another critical aspect of joint venture, it is very important in choosing a joint venture partner. There must be negotiation and the involved parties should agreed on the financial requirements. Financial status or position of all parties involved, debt etc. should be checked Partners market credibility : the market credibility of all the potential partners should be considered Partnership records : their financial performance in the previous partnership they had in the past. Capital contribution : the percentage of capital contribution of each partner should be clearly stated Raising capital : in case there will be a need to raise capital, this can be overdraft, short or long loan, government sources etc. likely source must be outlined Working capital : the capital needed while working must be agreed upon Shareholding : the ownership right of each company should be stated and clear Financial management structure Transaction risk : to avoid transaction risk due to unstable foreign exchange market, trade in home currency or open foreign bank account in the country where the partner comes from. E.g if companies from US and Uk form a partnership, there can be a an account in US Dollars and another in Pounds Sterling to run the project. Taxation (import and export) :different countries with different tax policy, it is very important to discuss the percentage of taxation in the country, the import and export rate Board of directors : the board of directors should be decided. Chairman : the chairman of the joint venture must be decided Governance : the rule of the countries to govern the joint venture Role definition : each party role must be stated clearly Profit share : the percentage of sharing profit between the parties must also be agreed upon. Inflation : possible solution in case of inflation in any of the countries must be taken into account. Resources availability : resource availability in terms of assets, equipment, rent, intellectual property right must be well planned. Legal issue In joint venture company, legal agreement is essential and this can be by word of mouth, gentlemens agreement, memorandum of understanding (MOU), detailed specification, evergreen, full contracts and many more (class module). In international joint venture, the following issues must be considered Governing law : the law of the country to govern the contract must be agreed upon. Payment method : there must be an agreement on the type of payment method accepted. IPR : the right of each partner in terms of Intellectual Property Right must be stated. Patent right, copyright, trademarks etc must also be considered. Termination : it should be stated under which condition can any partner terminate the contract. Common events that terminates contracts are When the contract expires Change of goal of one of the partners Breach of contract by any of the parties Financial or legal issue. Responsibilities : what is expected from each party need to be understood Financial right : they must know their financial right. Veto power : there must not be a partner enforcing power on the other Communication : the way in which communication will be transferred from place to place must be addressed. Managerial right : the level in which each company will operate in terms of management must be stated. Capital : what each partner will contribute and what they will get out of it in terms of profit, product etc Transfer of share : there must be a mutual agreement on the share transfer, normally the parties entering into a joint venture is not expected to transfer its share to third party without the consent of its joint venture partner. Agreement : the management team must ensure that there is a proof of agreement between the partners. Language : the language of the contract must be plain and well understood by the joint venture companies. Criteria for selecting a partner Clear definitions and Common Objectives : select a partner that brings no hidden agenda when negotiating with them, the objectives must complements each other and there must be an evidence that the parties need each other, the language of the contract must be well understood. Strategy clarity and compatibility : the strategy of company A and the potential partner must be very clear, well understood and compatible with each other. Financial strength : it is advisable to partner with a company that has a very strong financial base as it was explain in this module. Mutual benefit : win-win attitude and approach is the ideal for the joint venture partner there must be a low risk of either of the partners becoming a competitor. Previous track records : it is not advisable to go into joint venture with a company that has a poor track record in terms of partnership, financial or customers satisfaction. Management : Culture compatibility : as different companies from different countries operates on different culture, there must be a clear understanding of the potential partner culture in compatible the your Compatibility of CEOs and Senior managers Market power : how strong the potential partner are in the market, customers satisfaction, suppliers relationship Overseas experience : the experience they have in doing business outside their parent country, how it was managed and the success stories they have had in the past. Product relatedness : the products of the joint venture companies must supplement each other, there must be product relatedness. Proper match : there must be proper match in terms of objectives, strength, weakness, opportunities, weakness, culture, financial capability, product relatedness, strategy and so on. There must not be gaps left behind or overlook. Common Objectives Strength Strength More opportunities Less threats

Asthma Pathophysiology: Etiology and Risk

Asthma Pathophysiology: Etiology and Risk School nursing is one of several traditional roles for community health nurse. Providing health care for schools placed for a number of reasons. In the first place, school environment it self may create hazards which students must be protect from. Beside, children need to be healthy to learn effectively .similarly vital reason is, maintaining the health of children today produce healthy adults in years to come. Subsequently, protect and promote the health of overall community. Jocelyn Elders a former U.S surgeon stated you can not educate a child who isnt healthy and you cant keep a child healthy who isnt educated this common says teaches us the importance of keeping school child healthy as well as the necessity of school nurse (Clark, 2008). An estimated 7 million U.S. kids under age 18 have been diagnosed with asthma and more than 13 million days of school are missed each year because of the condition, as indicated by the American Academy of Allergy, Asthma, and Immunology (KidsHealth,2011) . According to my week rotation in Tareq Bin Ziad primary school, I have notice that asthma ranked the 2nd highest disease among the school children based on the statistic done by the school nurse. Therefore, I have chosen asthma as a topic of my written assignment. This paper aims to identify literature review about asthma definition, pathophysiology, causes, risk factor and sign and symptoms, diagnosis and treatments. Secondly, it will clarify community health nurse strategies including comprehensive assessment, intervention and prevention. Definition and statistics Asthma is a disease that involves periodic episodes of severe but reversible bronchial obstruction in person with hypersensitive or hyperresponsive airway. Accordingly, a significant rise in episode of acute asthma requiring immediate hospitalization in children has occurred during the last 2 decades. On the contrary, frequent repeated attack of acute asthma may lead to irreversible disease in the lung and development of chronic asthma. It was proven that, in the age group 5 to17 years about 140 per 1000 persons have been diagnosed with asthma. However the number of attacks peaks in school children in September, often associated with increase in incidence of common cold (Gould,2006). Although asthma is considering COPD group, likewise it is more common, more serious and more manageable than it is generally though. As asthma known to be chronic with some individuals so, it consider long live condition and might lead to death if not well managed in acute episodes . In UK, asthma kills about 1600 adults and 20 children annually (Hough, 2005). Pathophysiology, Etiology and Risk factor Asthma may be classified in different ways. It may be acute or chronic, acute referring to single episode where as chronic referring to long-term condition. A recently developed system rates a case of asthma on a clinical scale ranging from mild, intermittent, severe and persistent (Gould, 2006, P.393). Mater of fact there are three phases of response take place in asthmatic patient. Firstly, sensitization stage, which occurs in atopic people via exposure to allergens in fetal or early life, stimulates production of excess immunoglobulin -E (IgE) antibodies in the serum. IgE becomes fixed to mast cells, which then react to antigens by releasing bronchoconstrictor mediators such as histamine. Serum IgE is five times greater in people with asthma than in those without. Once allergic asthma has developed removal from the allergen does not always prevent continuing asthma, it might delay it only. Second stage called hyperreactive stage, what special about this stage it can occur with or without allergic component. Continued exposure to allergens or response to other stimuli leads to mast cell degranulation and release of inflammatory cytokines such as eosinophils . Also it releases bronchoconstrictor mediators such as histamine and extra mucus. Besides, chronic inflammation damages the surface of epithelial layer causing hyperreactivity of bronchial smooth muscle. Thirdly, bronchiconstrictors mediators and hyperreactive bronchial smooth muscle lead to exaggerated bronchoconstriction .These triggers might be food such as diary products, egg and acidic drink .pets, balloon, smoking, cold whether, indoor condition (dust) , some drugs, gastroesophageal reflux disorder and emotions such as depression and frustrated chest infection and exercise (Hough, 2005,P.366). Another facts associated with asthma pathophysiology are Impaired mucocilary function, edema formation, vascular congestion, increase vascular permeability, production of thick tenacious mucus, thikining of ai rway wall (McCance Huether, 2006). There is no single cause of asthma, but certain factors may increase the likelihood of developing it. These factor can be categorized as genetic and environmental factors including: A family history of asthma or other related allergic conditions (known as atopic conditions), such as eczema, food allergy or hay fever. Having bronchiolitis as a child (a common lung infection among children) and being born prematurely (especially if you needed a ventilator). Developing another atopic condition such as a food allergy and being exposed to tobacco smoke as a child particularly if your mother smoked during pregnancy. As well as being born with a low birth weight less than 2kg or 4.5 pounds (Asthma, 2010). Additionally causes are viral upper respiratory infection, sedentary life style, poor ventilation and increased air pollution (Gould, 2006). Few risk factors related to asthma including gender, obesity, smoking and population differences. Before puberty asthma occurs more often in males while after adolescence, it appears to be more common in females. Some experts argue that excess weight pressing on the lungs may trigger the hyperreactive response in the airways typical of asthma. Others believe that asthma leads to obesity by inhibiting physical activity, although several studies have found no difference in activity levels between people with or without asthma (health central, 2011). Sign and symptoms and Diagnoses The sign and symptoms of asthma vary from person to person and in any individual from time to time. Some of theses are Shortness of breath (especially with exertion or at night), Wheezing sounds, coughing may be chronic (worse at night and early morning) , sweating , bluish color to the lips and face , anxiety and chest tightness (Medicine Net, 2011). Similarly important symptoms including : Pulling in of the skin between the ribs when breathing (intercostal retractions), Abnormal breathing pattern, tachycardia, hypoxia, tick tenacious or sticky mucus ,chronic dry cough in some and others have productive cough (Copstead Banasik, 2010) Actually, there is no simple test to diagnose asthma. Nevertheless, general partitions normally diagnose asthma by asking about the symptoms, what trigger it, how often and what settle it down. Coupled with some questions about medications patient use, life style, occupational and home and work environment. Other test are spirometry, to assess how well your lungs work and Peak expiratory flow rate test which defined as a small hand-held device known as a peak flow meter can be used to measure how fast you can blow air out of your lungs in one breath (Medicine Net, 2011). Further more, asthma can be diagnosed based on physical finding, sputum examination, pulmonary function test, and blood gases analysis and chest radiography. Complete blood count can show an elevate number of white blood cells with increased eosinophils. Equally important test is skin testing and inhalation test to determine type of allergens. Conversely, skin testing is usually more helpful in young patient who have extrinsic asthma. Arterial blood gases may be normal in mild condition but as long as it become severe respiratory alkalosis and hypoxia will be shown (Copstead Banasik, 2010). As it is mentioned previously, asthma classified as mild, intermittent, severe and persistent. Other classifications are status asthmaticus and it characterized by prolonged attack more that 24 hours, leading to dehydration. Asphyxia asthma, this attack leads to arrest within hours or minute. Another one is nocturnal asthma, related to asthma at night and it considers symptoms free in the day. Besides, occupational asthma, usually seen in adults and attribute to substance in work place. in addition to drug induced asthma , aspirin intolerance occurs in about 10% of asthmatic people because it reacts with in hours after ingesting it .one more is premenstrual asthma, it present as particularly severe monthly asthma attack during the 5- 10 days leading up to menstruation. As well as, exercise induced asthma; this is common in children and adolescents. Bronchospasm often occur within three minute after the end of exercise and resolve in 60 minute (Hough, 2005). Prevention and treatment Minimizing the number and severity of acute attacks is crucial to prevent permanent lung damage, reduce risk of infection and to prevent chronic lung disease such as asthma. General measures to reduce asthma include avoidance of common triggering factors, doing skin test to determinate the stimuli casing allergy and avoid it. Good ventilation at home and school area, regular swimming sessions are of great benefit for school age children to strengthen chest muscle. Administer prophylactic medication as children go back to schools and at first sign of cold. During acute attack many individuals carry inhalers so they can self administer bronchodilator, usually beta adrenergic agent such as (ventolin). This medication can be also used prior to exercise or known stimuli to avoid attack happening. Controlled breathing techniques and a reduction of anxiety often decrease the severity of attack. When chronic inflammation develops it is recommended to use glucocorticoids such as (Beclovent) b ecause this medication is more effective in reducing the second stage of inflammation in the airway. In cases like status asthmaticus hospital care is essential because patients do not respond to bronchodilators. In chronic condition prophylaxis is given to the patients such as Cromolyn sodium; a prophylatic medication administer by inhaler on a regular daily basis. The drug inhibits the release of chemical mediators from sensitized mast cell and decreases the number of esenophils, thus reduce hyperresponsiveness (Gould, 2006). Assessment Physical assessment for asthma patient includes examine nose, mouth, throat, sinuses, ears, chest and skin. Community health nurse is responsible for this assessment by examine patient nose for signs of increased nasal drainage, swelling inside the nose, check throat for signs of drainage, indicating inflammation and infection in the sinuses .Listen to child chest for wheezing, indicating blockage of airflow in the airways. Observe chest muscle for breathing and examine patient skin for signs of an allergy (Essig, 2011) Moreover, asthma can cause tiredness and weakness therefore child lacks energy and unable to perform simple tasks ( Haines Clarke, 2009). Asthma can be affected by psychological aspect such as stress, anxiety, sadness and can be provoke by environmental irritants or allergens, exercise, and infection. It also is associated with an elevated prevalence of anxiety and depressive disorders (Lehter,Feldman, Giardino, Song Schmaling, 2011). Regarding social assessment nurse can found that asthmatic child tend to stay alone always because of feeling embarrassed about their condition and medication taking in school or in public area( Essig, 2007) . Due to asthma some children lose their self -esteam ; others may fear oh having asthma attack if they are at school or around friends ( Roberts , 2010). Children with asthma who live in economically deprived urban areas tend to have more-severe asthma and poorer outcomes over the course of the illness. Frankly there is evidence that in some low-income children with asthma, parents have problems with treatment compliance and adhering to home management guidelines factors that clearly affect the course of the illness in children (Nelson , Awad, Alexander Clark , 2009). To perform environmental assessment nurse need to collect information about patient area of living, home environment, work environment and school environment. Importance of this assessment is to reduce irritant and allergens in the sittings where asthmatic patient spends more time. Tobacco smoke and air pollution are the mainly two respiratory irritant that asthma patient suffer from ( NHLBI , 2011) Prevention and Intervention Primary prevention asthma patient are mainly education and awareness about the condition. It is recommended to avoid smoking and exposure to environmental tobacco smoke, particularly during pregnancy and early childhood. About infant regular and exclusive breast feeding reduce risk for asthma. Let the patient be aware about all risk factor associated with developing asthma such as allergen from food, animal, infection and bad life style (Arshad , 2005). Secondary prevention of asthma defined as intervention for child or patients who are at high risk for the development of asthma but who have not yet developed asthma symptoms or signs. Beside those who are at initial development of the disease. Theses patients have family history of allergic disease or atopic conditions. Secondary prevention of asthma falls in to three phases: pharmacological treatment, control of environmental allergy and allergen -specific immunotherapy which reduced the progression of asthma and prevented an associated increase in bronchial hyperreactivity.( Canadian medical association, 2005) Tertiary prevention is the stage where patient already have the disease however community health nurse role is to decrease attacks and reduce complications. Patient with allergic asthma , ezema and atopic dermatitis must reduce exposure dust and animal such as dogs and cats. Thus, improve system control and prevent excecerpation. Also pharmotherapy is very important in this stage (WHO, 2002). There are many nursing intervention for asthmatic patient like Maintain respiratory function and relieve bronchoconstriction while allowing mucus plug discharge. Let the patient have enough rest and relaxation. As ordered, administer oxygen by nasal cannula breathing and to increase arterial oxygen saturation during an acute asthma attack. Place the patient in semi-fowler position and encourage diaphragmatic breathing. Reassure the patient during an asthma attack and stay with him .Encourage the patient to express his fears and concerns about his illness. Encourage regulate exercise as a part of asthma treatment; promote good nutrition and good hygiene. Demonstrate the proper use of metered dose inhaler properly. Educate client (recognize triggers: smoke, dust, mold, weather changes, and animals). Administer drugs and I.V. fluids as ordered (Nursing file, 2009). Conclusion Asthma is a chronic condition characterized by obstructing the bronchial airway. Usually it developed in childhood and symptoms decrease while grow up. Number of asthmatic children is increasing yearly due to the environmental factors. Simply asthma happened when inflammation of airway occurs, bronchospasm of airway muscle, edema of air way and increase mucus secretion. Many factors can cause asthma like environmental factor, family history, infection and allergy. Main sign and symptoms are wheezing sounds, coughing, more secretions and chest tightness. It can be diagnosed by asking patient about the symptoms, pulmonary function test, sputum examination, blood gasses analysis and chest X-ray. In treating asthma ventolin , beclovent and prophylaxis like cromolyn sodium are common . Physical, phychological, economical, environmental and social assessment is needed to done for asthmatic patient. Prevention of asthma categorized in to primary, secondary and tertiary. Nursing intervention for asthmatic patient vary. Some of these interventions are maintain respiratory rate, let patient complete rest and administer medications and oxygen. What is Fashion? What is Fashion? What is Fashion? For centuries individuals or societies have used clothes and other body adornment as a form of nonverbal communication to indicate occupation, rank, gender, sexual availability, locality, class, wealth and group affiliation. Fashion is a form of free speech. It not only embraces clothing, but also accessories, hairstyles, beauty and body art. What we wear and how and when we wear it, provides others with a shorthand to subtly read the surface of a social situation. Fashion as a Sign System Fashion is a language of signs, symbols and iconography that non-verbally communicate meanings about individuals and groups. Fashion in all its forms from a tattooed and pierced navel, to the newest hairstyle, is the best form of iconography we have to express individual identity. It enables us to make ourselves understood with rapid comprehension by the onlooker. Fashion as a Barometer of Cultural Changes How we perceive the beauty or ugliness of our bodies is dependant on cultural attitudes to physiognomy. The accepted beautiful female form that Rubens painted is subliminally undesirable nowadays, if we are to be thought beautiful in a way that the majority accepts in the 21st century. Today an inability to refashion and reshape our bodies whilst constantly monitoring the cultural ideal leaves us failing the fashion test. Those that pass the fashion test invariably spend their lives absorbed in a circle of diet, exercise, cosmetic surgery and other regimes. This includes the rigors of shopping in search of the ultimate garb. The Need for Tribal Belonging Our reluctance to give ourselves a regular makeover through diet, exercise, and consistently conscious use of specific dress styles infers that we have the personality flaws of a weak willed human. We become in the eyes of fashion aficionados somewhat inadequate and imperfect in the fashion stakes. Thus we strive to keep a culturally satisfying appearance so that we feel better, whereas in fact we are striving to stay in the tribe, whatever type of tribe that may be. Group affiliation is our prime concern with regard to fashion. As long as some group similarity is identified within the group, our personal fashion whether current or dated can belong to any tribe. It is the sense of belonging marked by how we fashion ourselves that gives us the tribal connection. Roles An innate characteristic of human beings is the desire to strive for differentiation. The removal of Sumptuary Laws and rigid dress codes has enabled the individual to use fashion as a means to identify clearly the many different roles that a person plays in any one day. Sociologists borrowed the word role from the theatre because, like actors individuals play many parts and each part has to be learnt. Roles are continually learned and rehearsed and relearned. They are also shared, because like the actors on a stage, fluid interaction only occurs if all the performers know the behaviour expected. Class Stratification The Edwardians were experts in the art of role play. They had had sufficient time to readjust to the new patterns of behaviour established by the Victorians. The Edwardians were socially stratified into those who wore tailor made clothing down to those who wore other peoples cast offs. The poor simply looked poor, because their raiment betrayed them. Whilst the rich and nouveau riche displayed their wealth through an iconography of signs and symbols that enhanced their body image in the eyes of those that saw themselves as socially inferior. Role Set Roles and activities are closely linked to what people wear. People are affected by their role-set, which includes boyfriends, girlfriends, sisters, brothers, friends, husbands, lovers, mothers, fathers, grandparents, relatives, employers, customers, clients, work mates, business colleagues, peer and age groups. The people with whom a purchaser interacts affects the final purchase and this applies to any fashion dominated item from interior furnishings to choice of cars. Likewise the purchase of fashionable clothes, fabrics, or accessories becomes a visual currency and speaks volumes silently. The tools of fashion provide the signs and symbolism that function as an information service for the role-set. People are so aware that others make judgements about them through their clothes and accessories that many run up huge debts to appear to belong to a particular lifestyle. Frequently the rest of their role-set are doing likewise. Members of the role-set often encourage them. Only individuals with a strong sense of self identity stick their necks out and admit to wearing items that others might consider dubious or passÃÆ' ©. Occupation, Status and Purpose of Clothing Those with high status occupations will wear the clothes they think others expect them to wear. They will not wish to experience role conflict by wearing the incorrect clothing. It is from the clothes a person wears that we get our first impression of personality. They provide mental clues to a persons status and occupational role, as well as being a means of conforming to peer group expectations. Clothes also have the utilitarian function of providing both protection from the extremes of the elements, keeping us warm or cool or safe. They also act as an aid to modesty or immodesty as the wearer so desires. The state of a persons clothes is synonymous with self respect and is a sign of respectability. It also adds another sign that the person has sufficient status in society to maintain at the cost of time and money, laundering, dry cleaning and repair. To be respectable some expense has to be incurred in the maintenance of cleanliness and neatness. Veblens The Theory of the Leisure Class Thorstein Veblen the US economist who wrote the book The Theory Of The Leisure Class in 1899 maintained that Dressing for status as an outward expression of wealth is indeed functional, by the very fact that such clothes prevent the wearer from engaging in manual labour. Also because of their restrictive design they need the assistance of others to dress the wearer and keep clothes in pristine condition. Veblen devoted a whole chapter of his book to Dress As An expression Of The Pecuniary Culture. He wrote our apparel is always in evidence and affords an indication of our pecuniary standing to all observers at first glancedress, therefore, in order to serve its purpose effectively should not only be expensive, but it should also make plain to all observers that the wearer is not engaged in any kind of productive labour Foremost in Veblens mind must have been the fashions of the 1890s a decade that gradually favoured increasing conspicuous consumption by the rich. A century later the vogue for power dressing in the 1980s saw excessive indulgence and conspicuous consumption in fashion. Fashionable behaviour was the epitome of conspicuous waste, but the purest form of relief in a stressed, angst ridden society. Status Symbols One of the most favoured forms of semiotic distinction is fashion, because fashionable clothes, accessories and body adornment are easy for others to observe at glance. Incidental items, particularly branded specific handbags footwear, jewellery, accessories and new hairstyles act also as important status symbols. First a fashion is approved by others. Then it is copied because of competition. Finally it is replaced as it becomes commonplace and has ceased to fulfill its function of being distinctive. The status fashion can be anything from a particular jewel such as solitaire diamond stud earrings or the latest fad for long drop gold earrings to a brand logo pair of jeans in a particular style and colour. The ability to decode trends that are not deliberate and obvious is limited to a small group who adopt consumer items early. Wearing a Uniform Some people instinctively know how to appear respectable to the majority through their clothing. Others are less obviously successful in attaining consistently reliable grooming. The rise of the Corporate Uniform adopted by banks and similar institutions in the 1980s reinforced power dressing. It indicated how important the uniform is as a means of distinguishing one person from another instantly. Uniforms provide us with mental clues. Occupational Uniform Wearing an occupational uniform puts an employee in the position of being a visual metaphor. We learn quickly to associate different uniforms with different role conceptions and different role expectations. We connect the policeman or security guards uniform with authority, law, order and help. Likewise we associate the nurses or paramedics uniform with help, care, protection and mothering. By contrast the jaunty overall and hat of the ice cream vendor with the promise of pleasure. When people put on a uniform they adopt what they think it symbolises, but even people who dont wear a specific occupational or leisure uniform tend to know vaguely what to wear. Those who adapt their wardrobe to â€Å"fit in† with their company, succeed much faster in terms of upward job mobility. Mass Youth Uniform Young people in particular adopt the uniform of their peer group. However the uniform must be the peer groups uniform, not one imposed on them by adults. Fashion in the form of a mass youth uniform can create a sense of belonging to the peer group and a feeling of identity as the adolescent personality reaches maturation. For the majority, an old status symbol, be it a brand, a logo or attitude accessory is old-fashioned the moment is loses favour within the group. An up to date status symbol cries out to some I must have it now. The mobile phone as a belt accessory was a perfect example of this. As new products develop, last years non WAP mobile phone version is passÃÆ' ©. It is essential to have the latest fashion accessory, to gain instant peer approval Mass Production and New Textile Technology Between the first and second World Wars mass production of clothing truly developed. But it was not until clothes rationing was introduced in the UK that production methods became more streamlined. Rationing of cloth and haberdashery, along with strict specifications ensured manufacturers created garments in a speedy, efficient, economic manner whilst attaining a certain standard of quality control. By the 1950s increasing numbers of women abandoned the little dressmaker and bought from the increasing majority of chain stores. Department stores like Debenhams continued to move with the times experimenting with new fabrics and new looks. By the 1990s were using designers like Jasper Conran to design ranges with style and flair. A whole range of exciting yarns, new fashion fabrics, protective materials and engineered fabrics became widely available after 1960. New materials and fabric finishing techniques are at first exclusive and expensive. Initially they are offered to the world of Haute Couture. A couple of years later they filter to the mass market. Youth Cult in the Global World The youth cult of the teenager in the 1950 s became a major force in the1960s. Other contributing influences were the glamour of the cinema, the television in ordinary homes and a change in attitudes and values after the introduction of the female birth pill. Global coverage of the mood of society was absorbed from the cinema, television and fanzine magazines. The world had instant access to the latest trends and fashions as fast as the picture could be transmitted. Today what people see in their homes on television or when surfing the Internet soon becomes accepted very quickly as normal and everyday. In the comfort of ones own home the television monitor scales down the stark newness of an idea, especially the impact of a fashion concept and this makes it easier for us to accept more quickly when worn by others even if we cant see ourselves wearing a similar item. Fashion Cycles The young have not always been dominant in fashion history. Until the Victorian Era a fashion look took between 10 and 15 years to permeate country areas. Once rail travel improved mass communication between country and city, the cycle of fashion speeded up so fast, that by the Edwardian Era in 1901, fashion was moving in a yearly cycle. Emancipation of Women and the contribution of all classes of women to the 1914 1918 war enabled and encouraged women to adopt more practical clothing and to try out new styles in fashion, hair and beauty. By the millennium everyday changes in lifestyle included fitness and health pursuits, car and air travel and centrally heated environments in homelife. All created a need for clothing fashion designed for the way we live now. How we perceive our persona and what we want to say to society in a very visual camera obsessed culture, is still expressed through our bodies, the way we wear clothes, jewellery and body art. Today fashion and beauty can be affordable for everyone. There is always a range such as Avon that provides quality beauty, make up and accessory products at a prices most can afford.

Measles :: essays research papers

Measles Measles is a highly contagious disease. It is caused by an RNA virus that changes constantly. Measles symptoms usually include a bad cough, sneezing, runny nose, red eyes, sensitivity to light, and a very high fever. Red patches with white grain like centers appear along the gum line in the mouth two to four days after the first symptoms show. These patches are called Koplik spots because Henry Koplick first noticed them in 1896. The Spots are important to diagnose measles. A characteristic red rash in measles is red spots starting at the hairline and going down to the face, body, and limbs. Measles usually ends with a complete recovery, but some rare complications can occur with the lungs and brain. Measles might also be linked with multiple sclerosis and diabetes. In 1978, the U.S. Public Health Service started vaccinating for measles. All school age children were vaccinated. Two years later the measles virus occurring went down 99 percent. Now days, measles is very rare and all children are vaccinated for it.Measles Measles is a highly contagious disease. It is caused by an RNA virus that changes constantly. Measles symptoms usually include a bad cough, sneezing, runny nose, red eyes, sensitivity to light, and a very high fever. Red patches with white grain like centers appear along the gum line in the mouth two to four days after the first symptoms show. These patches are called Koplik spots because Henry Koplick first noticed them in 1896. The Spots are important to diagnose measles. A characteristic red rash in measles is red spots starting at the hairline and going down to the face, body, and limbs.

Converting Switchgrass to Biofuel Essay -- Biology Ethanol Alternative

Introduction: People need energy, it’s a fact. We need it for our cars, for our televisions and for our iPods. We need it all the time, every day. The simple fact is though, we are running out. Carbon based fuels are being used at an alarming rate every day. And every day our demand increases as our society becomes more and more reliant on technology. There is only so much oil in the world though and when that is gone we need to look for alternative sources of energy. Sources like ethanol produced from Switchgrass. In 2004 an article was published on the creation of ethanol from gases made from switchgrass. The article was titled, â€Å"Fermentation of Biomass-Generated Producer Gas to Ethanol.† This article held produced several interesting results. First it demonstrated that producer gas could be generated from biomass (Switchgrass) and that the producer gas could be fermented to produce ethanol. Second the cells stopped growing but did not die. During this period of non-growth ethanol was produced. Third H2 utilization ceased and fourth â€Å"cells began growing again if ‘clean’ bottled gases were introduced following exposure to the producer gas† (Datar, Shenkman, Cateni, Huhnke and Lewis 2004, p. 1.) Switchgrass – Panicum virgatum Why switchgrass? Thats the question of the hour. And to tell there truth there are a lot of reasons. Firstly and foremost is the fact that there are millions of dollars in government funding available. Secondly switchgrass is grown across the entire center of the united states in a variety of environments. Switchgrass is hardy and adaptable, it grows large and fast, sometime reaching slightly over ten feet in height. As a bonus switchgrass also processes water very efficie... ...ide, 4.4% Hydrogen Gas, and 4.2% Methane gas. The actual gasified switch grass however, did not have this composition and had some unknown molecule or molecules that was damaging to the cells. This unknown molecule or molecules could be oxygen, nitric oxide, or ammonia, all of which are known to negatively affect cells. This article was published in 2004 and, the follow up experiment that addresses these impurities was conducted by the same people in 2005. In this experiment they found that the gas did in fact have many impurities and an extensive gas cleaning procedure needed to be implemented in order to effectively harvest ethanol from the bacteria P7. The molecule that was mostly responsible for disrupting the cell was nitric oxide. All in all it seems entirely viable to use this biological process in order to manufacture ethanol for wide spread use.

Industrialization and Urbanization of Indian Society

In the recent years, the industrialization and urbanization of Indian society has led to an increase in the concentration of pollutants in the atmosphere. Air pollution is defined as a mixture of solid particles and gases in the air which has harmful and poisonous effects. Various experiments and studies have shown that long term exposure to such air pollution can lead to serious health issues such as: aggravated cardiovascular and respiratory illness, accelerated aging of lungs, diseases like asthma, bronchitis, cancer and a shortened life span. According to the World Health Organization (WHO), over 12 million people die from environmental health risks annually. Air pollution has become the 4th highest risk factor for premature deaths.Such degradation in the air quality levels has made air pollution a serious threat at a global level, especially for the developing countries, towards the sustainability of mankind. This has grabbed the attention of public as well as the government agencies. An air quality index (AQI) is a parameter used by the government agencies to communicate to the public how polluted the air quality currently is and how polluted it is forecast to become. As the AQI of a region increases, an increasingly large percentage of population of that area will experience adverse health effects.Several projects have been launched to combat air pollution in all major countries worldwide. For e.g.: 1): Hebei Air Pollution Prevention and Control Program (HAP- 2016:18) project in China to reduce the emissions of specific pollutants in Hebei; 2): The Odd-Even Scheme implemented by the Indian Government in national capital Delhi (2016). There are ceaseless fighting efforts for air pollution reduction all around the world. As an endeavor on the course of machine learning based air quality forecasting, this report presents an initiative and algorithmic details of various statistical models in solving this challenging problem. The Machine Learning models used in this paper, to facilitate the prediction of pollutant concentrations, include:Linear regressionLogistic RegressionPolynomial regressionRandom Forest ClassificationDecision Tree RegressionDecision Tree ClassificationSupport Vector regressionSupport Vector ClassificationKNN ClassificationWe target our air pollution forecast to the city of Delhi, India as it is at the forefront for battling against air pollution. We focus on predicting the Air Quality Index (AQI) level of Delhi, as it is a quantitative method to profile air pollution level. In order to reduce the pollution levels in Delhi, we will be analyzing 5 pollutants and 5 other environment parameters responsible for increase in AQI levels. The fixed station data is taken for 3 stations namely : NSIT (Dwarka), RK Puram and Shadipur . Objectives:Compare results of Air Quality Index (AQI) values obtained by different regression models and then propose the best model.Classify the dataset into 5 different AQI categories, and then use Classification models to forecast the pollution category for next month.Analyze the most prominent pollutant, using Back Propagation, responsible for air pollution and suggest methods to control it.The rest of this paper is organized as follows: Section II describes related work, and Section III provides background on data sources, participatory sensing systems and details the 5 regression and 5 classification models used in this study. Section IV describes the steps in our model, while model implementation and estimation accuracy is studied in Section V. The paper concludes in Section VI.

Federal Jurisdiction Essay

Henry, a resident of Nevada, sued Adam, a resident of Utah in the Federal Court in California. He sought $60,000 damages for personal injuries arising from an automobile accident that occurred in Los Angeles, California. Does the Federal Court have jurisdiction? No the federal court does not have jurisdiction over this case. In order for this case to fall within the guidelines of a federal suit it would have to qualify for diversity of citizenship. Diversity of citizenship exists in suits between (1) citizens of different states, (2) a citizen of a state and a citizen of a foreign country, and (3) a state and citizens of another state. In this case since Henry is a resident of Nevada and Adam is a resident of Utah he can file the suit in California where the accident occurred but it must be in state court. Diversity of Citizenship has a minimal jurisdictional amount of $75,000. Henry is only asking for $60,000 in damages. The only other way for this case to be tried in federal court would be if Henry could prove that the lawsuit contains a federal question. For this there is no jurisdictional amount. Civil actions that would fall under this may involve matters such as bankruptcy, anti-trust, securities regulations, patents, copyrights, trademarks, taxes, elections, the rights guaranteed by the Bill of Rights, and those rights secured to individual citizens by the Fourteenth Amendment (Morgan, Shedd & Corley, 2010). The information given does not show where any of the federal questions come into play. However if this case could be tried in federal court it would actually benefit the defendant as it has the advantage of allowing for the jury to be selected from an area larger than the county where the case arose. This hopefully will reduce the possibility of jurors tending to favor the plaintiff. Henry would be better of hiring a personal injury attorney. What rules of procedure will the court use? The court selected by the plaintiff must decide both whether it has the jurisdiction to hear the case and, if it has, whether another forum is more suitable for the disposition of the case. In this case they would use the rules of procedure for civil cases under the state of California judicial rule. Why? The case will have to be tried in state court versus federal court because it does not qualify as a federal case. In the state court it would be seen as a civil case brought against Adam by Henry. What rules of substantive law will the court use? The court would use the substantive law,  including conflict of laws principles, of the state in which they are sitting. In California they would use civil law. References Morgan, J., Shedd, P., & Corley, R. (2010). Business law. (3 ed., pp. 3-40). Redding, CA: BVT Publishing, LLC.

Peter Skrzynecki (Ancestors)

stanza 1 the figures have a nightmarish quality which is developed through simple but evocative visual imagery they ‘hang over you’ and stand ‘shoulder to shoulder’ which makes them threatening in number and intimidating in stance the sibilance within the last line augments the tenor of disquiet created by the poet’s reference to these nameless and ‘faceless’ men no reference is made to women which also increases the veiled threat implied by shadowy figures. ne possible interpretation of this might be that male ancestors have greater impact on his cultural and social identity stanza 2 the darkness becomes tinged with urgency as his sleep is broken by whispered secrets. nothing is distinct or clear, developing an atmosphere of uneasiness. it is a scene we can identify with, those disturbing dreams and nightmares that can come to us all in the middle of the night reference is made to the ever-open eyes of these figures. we wonder what are t hey looking at or for, and wether their appearance is a negative or positive omen. t also leads us to wonder whether their visions are insightful or apocalyptic stanza 3 the ring they form around the poet is both encircling and yet directional, their pointing fingers and footprints leading elsewhere to undetermined places. the term ‘ring’ generates a certain feeling of alarm, as if the sleeping figure is being entrapped by these figures from the past directions are unclear, mirroring the indistinct quality of dreams. it also raises the level of uncertainty and apprehension felt by the dreamer stanza 4 hese nocturnal visitors are given a natural backdrop, simply described as a mountain, river, plains, grasses and sand simple, sensory imagery describes the ‘sound of a river’ and a ‘moonlit plain’ giving some semblance of place but not enough to get any real bearings or location it is still a dream-liek landscape; ill-defined but evocative and dis quitening stanza 5 we ponder what these speechless, watchful and hovering figures ‘wait’ for and question their purpose urgency is created by the use of hyphen which creates a pregnant pause in the middle of the question being asked. his involves the reader in the questioning process, challenging us to respond from a personal perspective it appears that these dead ancestors form the past are awaiting new members to join their host, adding resonance to the death theme developed earlier Stanza 6 the nightmarish quality is not relieved by wakefulness which brings limited relief disquiet remains, for consciousness ironically makes their faces disappear just as they ‘became clearer’.They remain metaphorically out of reach the visual intensity of the simile ‘dry/as cake mud’ emphasises the negative impact of this ancestral visitation which neither soothes nor appeases the dreamer stanza 7 this is the only stanza with three lines instead of four; the brevity adds to the discordant images of un-stirring sand, grass and wind which ‘tastes of blood’. the inversion of typical senses jars our expectations the reference to the taste of ‘blood’ refers again to the death theme and adds to the reader’s sense of nightmarish disorientation. mirroring that felt by the disturbed sleeper by the disturbed sleeper.