Brain-Based Learning and Teaching - 1748 Words

Throughout the course of history many people in time had no idea that many creatures of life had brains. With remarkable breakthroughs in technology and through human ability to take pictures of the human brain through head scans, scientists have discovered and mapped out the human brain. As neuroscientists understand how the brain works, discovery of brain-based learning has been a growing field ever since. Education is extremely important for human beings because the more educated we are as a society the better we contribute to society. Knowledge is extremely powerful and as a future educator, understanding how the brain works and developing lesson plans surrounding the inner workings of the brain will allow learning to manifest in the†¦show more content†¦I shadowed a teacher at a local area high school who taught biology for a straight week for field experience. I was utterly shocked as I sat there the entire time without ever moving from my seat for six hours. I did get up and go to the faculty room to eat lunch just so I could stretch. I realized then, how important movement was in a classroom. For these high school students, the ability to take a five minute walk from one classroom to another classroom was probably the highlight of their past fifty minutes. Education is not simply just sitting in a classroom and acting like a coral reef sponge soaking up and digesting the waves of information flowing from the mouth of a teacher. Learning is an active process therefore students should be active in learning. The senses incorporated in the classroom are also vital in the success of active learning in the classroom. Humans have five senses, unless you are Haley Joel Osment and have a sixth one that allows you to see ghosts, but five nonetheless. Sight, touch, taste, sound, and smell are all located in different parts or lobes of the brain. All the senses are intertwined with memory in the brain. As educators we must remember that the usage of the se nses will allow students to be active in learning therefore the input does not get lost and can be retrieved through output. Through concrete vivid imagesShow MoreRelatedHow Using Brain Based Learning Or Whole Brain Teaching? Essay2125 Words   |  9 Pagesstudents are engaged, they are learning the concepts, on-task and producing excellent work. However, when students are not engaged in the learning process and not taking responsibility for their learning, they may engage in off-task behaviors, complain about the workload, put their heads on their hands, or stare of into space. When this occurs, students are unable to take in the necessary concepts being taught to them and therefore, create an attitude towards learning that lacks academic drive andRead MoreThe Hemispheres of the Brain: Differences in Traits and Learning1815 Words   |  7 Pagesï » ¿The Hemispheres of the Brain: Differences in Traits Learning Abstract The human brain is a wondrous invention that has many scientists and researchers very busy to this very day. There are numerous qualities about the brain humans know about, yet there are still a great number of mysteries to the brain and how it functions left to be discovered and shared. Some facts scientists do know about the brain is that it is divided into to primary sections, called hemispheres. Each person has a leftRead MoreCognitive Information Processing Versus Brain-Based Learning970 Words   |  4 PagesCognitive Information Processing Versus Brain-Based Learning Carla A. Bastian University of Phoenix Cognitive Information Processing Versus Brain-Based Learning Teachers are always searching for effective ways to improve instruction and increase the overall learning experience for everyone. The results of Brain-based learning have presented a different perspective from the theories of the past, how it improves current teaching practice, and learning. Like brain research, cognitive information processingRead MoreThe Effect Of Brain Based Learning On The Academic Achievement947 Words   |  4 Pagescreating a learning environment that promotes higher order thinking. Understanding how the brain works is a crucial component of meeting individual student needs. Brain research provides teachers with insight to the brain’s inner workings and complexity. The Effects of Brain-Based Learning on the Academic Achievement No two students learn the exact same because no two brains are the exact same. Bilal Duman suggests in his article that Brain Based Learning understands that the brain works in unityRead MoreCorrelation Between Purposeful Movement Within The Classroom And Improved Attention Span With An Increase Student Achievement1382 Words   |  6 Pagesin student achievement. In this chapter important literature was reviewed to bring light to movement, active learning and the effects it has on the human brain. In many settings, early childhood education is becoming increasingly structured, with emphasis on academic achievement and testing. Using movement activities throughout the day is an effective and enjoyable way to support learning and development (Furmanek, 2014). â€Å"When we think of intellectual activity, we always imagine people sittingRead MoreLearning Styles As A Student s Learning1454 Words   |  6 Pageswonder what methods of teaching and learning work most effectively for them. They often choose from a list of learning styles, either from a quiz that they find online or by evaluating the effectiveness of the ways their teachers present information to them. The more common learning styles are visual learning, auditory learning, and kinesthetic, or hands-on, learning (Workman). There are other explanations as to why humans learn the way they do, such as brain-based learning or dual coding. The questionRead More Cross-Curricular Learning Essay1692 Words   |  7 PagesMaking cognitive connections, within subjects and between subjects... ( Piaget 1977, Cockburn and Haylock 2008,Rose 2009) is an aspect of cross-curricular learning. Generally speaking, cross-curricular learning is when skills, knowledge and attitudes of a number of dis ciplines which are applied to a single experience, problem, question, theme or idea. In simple terms, its also known as a thematic approach. From this point, Id be exploring the reasons why a thematic approach should be adoptedRead MoreThe 12 Principles And Its Implications For Brain Based Instruction1311 Words   |  6 Pages12 principles synthesize research related to the brain and learning from many disciplines and present it in a form that is useful to educators. These functions can be used a theoretical foundation for brain based learning and offer guidelines and a frame work for teaching and learning. The following are the 12 principles and its implications for brain based instruction 1. ( Each Brain is Unique) Every brain is uniquely organized: Teaching should be multifaceted for English learners and expressRead MoreThe Left Brain vs. The Right Brain: How Does This Impact Learning;810 Words   |  4 Pagesof their brains? Or that you’re a right or left brain thinker? Well there has been a lot of research done to figure out exactly how to figure what side of the brain you think with most and how our brain functions and operates. Doctors, scientists and psychologists have all looked deep into the brains anatomy to help figure out the different functions of the left and right hemispheres of the brain, and how to identify dominant learning styles and characteristics. â€Å"The side of the brain we tendRead MoreTeaching Strategies When Dealing With The Adolescent Brain.1175 Words   |  5 PagesTeaching Strategies when dealing with the adolescent brain The adolescent brain is still in the development process and will therefore require compatible strategies for learning. Research has shown that the brain undergoes a period of increased production of gray-matter during early adolescence. Nerve impulses are generated by the gray matter which handles processing of the brain’s information, while white matter transfers brain information from one lobe to another and then out to the spinal cord

Hypothetical Background of Market Based Instruments Free Samples

Question: What is the Hypothetical Background of Market Based Instruments? Answer: Introducation: MBIs make motivations to accomplish enhanced ecological results through market flags as opposed to through express mandates, for example, direction. MBIs convey value flags and impact individuals' conduct utilizing exchanging systems, for example, barters and posted value markets, set up open doors for merchants to profit through arbitrage, and give impetuses to advancement and benefit, similarly that normal markets do. Markets are driven by the additions to members from intentional trade the 'picks up from exchange'. (Nyongesa, 2016) Hypothetical Background of Market Based Instruments MBIs come in three structures: cost based; amount based; and showcase contact instruments. The choice between market rubbing and cost or amount construct instruments is situated in light of whether there is a current market for the applicable biological system administration or asset. Without existing markets, the choice confronting most territorial bodies is amongst cost and amount based MBIs. Amount based instruments are favored when there is a set amount target, low expenses of extra biological system benefit arrangement, harm edges are available, natural results are seen as an obligation rather to be compensated, or there are long time slacks in delivering the coveted result. Cost based instruments are favored where there are settled spending plan accessible, extra activities are expensive, installment is viewed as satisfactory, and results can be accomplished inside the installment time frame. In spite of these standards instrument decision remains a commonsense exchange off tha t will include thought of the relative exchange costs among different components. (Huber-Stearns, 2015) Showcase disappointments keep the additions from exchange being figured it out. MBIs in this way should be intended to keep away from or limit advertise disappointments. To limit the potential effect of market disappointments, an efficient examination of the market disappointments presentation and related market configuration issues is required. The answers for market disappointment that are planned into MBIs will vary from those in other arrangement approaches.(Brauman, 2015) This is a key territory where expert information is leeway. The most widely recognized types of market disappointment present are: Incomplete property rights; Contemplations: o Create and characterize property rights. o Develop metric to depict applicable qualities so that adjustments in yields of biological community administrations can be connected to property rights. o If free-riders can't be barred, enable open organization to buy biological community benefit. o Create right that can be exchanged independently from different rights. Information disappointment or asymmetry; Contemplations: o Develop metric to connection arrive administration activities with biological community benefit generation. o Metric connected by purchaser/open office to figure open advantages of administration activities via landholders. o Non-advertise valuation to catch open non-utilize values. o Apply metric and expansion projects to educate landholders how to deliver biological community benefit, and of o the related private advantages. o Incorporate 'hazard premium' into metric. Additionally, research to decrease vulnerability. o Create commercial center. Market structure issues; (Meijaard, 2014) Contemplations: o Expand extent of market to acquire more brokers. Work to augment cooperation rates. o Expand advertise degree to get more contenders. Manage to anticipate cartel arrangement. Difficulty assessing results; Contemplations: o Monitoring o Performance Based Payments o Regulate to avert cartel arrangement. Constraints to market interest. Contemplations: o Upfront installments. o Public office to give data and guidance. o Minimize multifaceted nature of property rights and offering/exchanging process. o Provide preparing on market component. Property right issues will be a critical issue in the plan of any MBI. The most basic component of property rights is meaning of a metric. The part of the metric in a MBI is regularly befuddled due to the numerous parts that estimations of ecological resources, biological system administrations, and administration activities play in the NRM circle. The MBI metric is the reason for measuring relative and total results, and subsequently who advantages and who pays. It must evaluate the change to environment administrations proportionate with the scale at which on-ground administration happens. Diverse measures convert into various land administration motivating forces. Subsequently, guarantee that the metric precisely speaks to the coveted result. (Stephens, 2014) The metric speaks to a mind boggling heap of exchange offs and is not just an issue of evaluating a measure of biophysical change (which in itself is to a great degree complex) yet regularly should likewise consider different drivers of qualities. Nine rule that ought to be considered in outlining an appropriate metric were produced throughout this exploration. (Tacconi, 2015) They are:Quantity and nature of biological system benefit results; Whether spatial connections are essential in conveying results; Whether negligible change is vital; Location of progress and effect on qualities; Time to accomplish results; Risk/sureness in effectively executing distinctive administration changes; Risk/conviction in accomplishing craved biological community result from various changes; Whether the change is irreversible or edges might be available; and Whether any overflows to other biological system administrations are probably going to happen from administration changes. Waterandsewerageservicesprices the Economic Regulator's Price Determination sets out the administrations, income prerequisites and evaluating structure for TasWater over the administrative period. Assessment of Instrument(s) and materialness toward the South Esk Basin Biological community benefits and additionally watershed administrations can be partitioned into four interrelated utilitarian classes: (Zhang, 2015) Provisioning administrations, whose advantages are specifically gotten from waste bowl items, for example, sustenance and freshwater; Regulating administrations, whose advantages originated from control of hydrological and natural procedures, water purging, squander transfer and assurance arranges from hydrologic and atmosphere dangers; Cultural administrations, whose non material advantages influence the clients by giving an extra social, aesthetical, recreational and additionally otherworldly esteem; Supporting administrations, whose advantages defeat the meaning of time and space scales and constitute an important stride for the creation and support of all the previously mentioned administrations. This class can incorporate, for instance, essential generation, water cycling and provisioning of territory for creature and plant species. The accomplishment of a positive bargain between open recognition and logical ability assumes a vital part in the development of a fruitful plan that can be constituted, as per particular necessities and requirements, by the blend of the underneath recorded activities: (Wang, 2016) Using financial matters and sociologies to assess water related uses and administrations that potential purchasers are occupied with profiting from (e.g. arrangement of spotless and bottomless drinking water, lessened sedimentation for hydropower era, water system and disintegration control for enhanced farming yields, recreational utilization of water bodies and so on.); Guaranteeing the maintain of particular hydrological service(s) whereupon distinctive water clients depend on; Using hydrological models to assess benchmark water utilization and venture proficient hydrological benefit conveyance; Estimate conceivable situations with and without PWS execution considering financial contrasts of focused clients, biodiversity and biological system soundness. Setting a cost for the arrangement of the fundamental administrations utilizing valuation strategies. A premise can be built up by considering expenses of land and work; water duties or expressed readiness to contribute for the change of water administrations. An extra test is guaranteeing that the estimation of the administration surpasses opportunity costs. Also, the working of neighborhood institutional limit ordinarily makes improved investment of partners in the usage and administration of the plan - open specialists seeking after PWS configuration ought to consider the accompanying, while private implementers need to evaluate the condition of these variables in their nearby setting: (Butler, 2013) Rights to assets and tenure security. Achievement likelihood is enhanced if groups/specialist co-opts have an all the round characterized appropriate to oversee nearby land Funding. PWS plans can be financed by outside givers or open experts notwithstanding the administration recipients (purchasers) - for instance by holding a specific rate of water charge incomes as well as other nearby duties. Institutions. Including focused on water clients, specialist co-ops and purchasers in the outline procedure can be supported by government-overlooked associations. Native based organization or stream bowl affiliations can add to more noteworthy strengthening in watershed administration. Institutional/bureaucratic impediments to PWS plans: It is fundamental to comprehend the current bureaucratic culture, and to maintain a strategic distance from any superfluous test and hazard that could make PWS monetarily wasteful. (Waage, 2016) Ensure checking, consistence and straightforwardness. Dangers of rejection and debasement ought to be supported through guaranteeing that the institutional game plan for the arrangement of installments is observed and straightforward. Governments perceive the anxiety that people can put on the limited common assets of watersheds and have dynamically actualized strategies expected to guarantee more noteworthy maintainability of water-ward administrations. Early approaches concentrated on particular effects, the abuse of specific assets, assurance or natural surroundings reclamation. In any case, these early endeavors frequently neglected to address interminable issues that add to longer-term decreases in the structure and capacity of watersheds, for example, contaminations related with non-point keep running off from urbanized and agrarian ranges. In addition, the attention on individual assets or living spaces more often than not neglects to perceive watersheds as entire, intra-associated frameworks. (Swallow, 2016) Choices about biological community administration are muddled by the way that different sorts of market disappointment are related with regular assets and nature. Showcase disappointments happen when markets don't mirror the full social expenses or advantages of a decent. For instance, the cost of fuel does not completely mirror the expenses, regarding contamination, that are forced on society by consuming gas. Advertise disappointments identified with biological communities incorporate the certainties that: (i) numerous environments give benefits that are open products; (ii) numerous environment administrations are influenced by externalities; and (iii) property rights identified with environments and their administrations are regularly not obviously characterized. Biological community administrations are regularly open merchandise, which implies that they might be delighted in by any number of individuals without influencing other people groups' satisfaction. For instance, a stylish view is an unadulterated open great. Regardless of what number of individuals appreciate the view, others can likewise appreciate it. Different administrations might be semi open merchandise, where at a specific level of utilization, others' happiness might be lessened. For instance, an open entertainment region might be interested in everybody. Be that as it may, swarming can abatement people groups' pleasure in the range. The issue with open merchandise is that, despite the fact that individuals esteem them, nobody individual has a motivator to pay to keep up the great. In this way, aggregate activity is required with a specific end goal to deliver the most useful amount. (Page, 2015) Tradable grants address the lodge issue by proportioning access to the asset and privatizing the subsequent get to rights. The initial step includes setting a point of confinement on client access to the asset. For fisheries this would include the aggregate reasonable catch. For water supply it would include the measure of water that could be separated. For contamination control it regularly indicates the total measure of emanations permitted in the applicable control district. This farthest point characterizes the total measure of access to the asset that is approved. These get to rights are then designated on some premise (to be portrayed) to potential individual clients. Contingent upon the particular framework, these rights might be transferable to different clients and additionally bankable for some time later. Clients who surpass limits forced by the rights they hold confront punishments up to and including the loss of the privilege to partake. These methodologies have been disputable. The discussion emerges from a few sources, yet the most essential concerns the portion of the riches related with these assets. In spite of the fact that these methodologies regularly don't privatize the assets, as tried and true way of thinking may recommend, they do privatize in any event to some degree access to and utilization of those assets. Since the get to rights can be exceptionally important when the asset is overseen effectively, the proprietors of these rights may obtain a considerable measure of riches. In spite of the fact that the capacity to recover the beforehand disseminated riches for persuading manageable conduct is an essential quality of the framework, the moral issues raised by its conveyance among contending inquirers are a huge and proceeding with wellspring of discussion.(Waage, 2016) Evaluation of property right portions and exchange costs identified with the Market Based Instrument may affect upon the effectiveness of the instruments and social value for the number of inhabitants in the district Results of Assessment are as per the following: (Baral, 2014) o Increase in backwoods estimate, ensured range degree and reduction in deforestation o Reduction in horticultural power o Alteration in horticultural practices o PES particularly recognized to be a viable and proficient component to initiate changes in land-utilize o PES exercises attempted in ranges of poor natural condition o Improvements in biodiversity o Observed increment in family unit pay o Diversification of family unit monetary exercises o Improved circulation of material riches o Improved nourishment security o Reduction in destitution o Improved expectations for everyday comforts o Resilience to natural change o Better access to social and natural administrations Conclusion In planning plans and relieving exchange offs, we advocate a capacity situated and result drove approach. That is, distinguishing and organizing an arrangement of plan results and figuring out the basic and institutional courses of action of a program to accomplish those points. The exact organization of protection and improvement goals needs to represent privately created concerns, and not come about because of a one-estimate fits-all approach. There is potential for significant PES extension universally, yet these open doors ought to be seen close by other common asset administration and neediness mitigation arrangement instruments.(Calvet-Mir, 2015) The Department, alongside Tas Water, is proceeding with a survey of all ebb and flow urban water allotments and licenses which were at first exchanged to the territorial companies and now Tas Water. The audit has focused on guaranteeing that the extraction purposes of water assignments embraced on licenses are effectively assigned as far as the extraction area and the particular asset from which the water is taken, and that the quantum of the designation mirrors the authentic privilege. With regards to expected and developing future urban water request and supply situations, assignments might be fluctuated to boost the quality and unwavering quality of apportioned water and to better reflect genuine, and expected future, request. (Wang, 2016) DPIPWE's part as dam security controller is to guarantee that: these hazard moderation arrangements are created; that they are to an adequate standard as laid out by ANCOLD; and that they are actualized to a concurred plan as delineated in their particular PRAs References List Baral, H., Keenan, R.J., Stork, N.E. and Kasel, S., 2014. Measuring and managing ecosystem goods and services in changing landscapes: a south-east Australian perspective.Journal of Environmental Planning and Management,57(7), pp.961-983. Brauman, K.A., 2015. Hydrologic ecosystem services: linking ecohydrologic processes to human well?being in water research and watershed management.Wiley Interdisciplinary Reviews: Water,2(4), pp.345-358. Butler, J.R., Wong, G.Y., Metcalfe, D.J., Honzk, M., Pert, P.L., Rao, N., van Grieken, M.E., Lawson, T., Bruce, C., Kroon, F.J. and Brodie, J.E., 2013. An analysis of trade-offs between multiple ecosystem services and stakeholders linked to land use and water quality management in the Great Barrier Reef, Australia.Agriculture, Ecosystems Environment,180, pp.176-191. Calvet-Mir, L., Corbera, E., Martin, A., Fisher, J. and Gross-Camp, N., 2015. Payments for ecosystem services in the tropics: a closer look at effectiveness and equity.Current Opinion in Environmental Sustainability,14, pp.150-162. Huber-Stearns, H.R., Goldstein, J.H., Cheng, A.S. and Toombs, T.P., 2015. Institutional analysis of payments for watershed services in the western United States.Ecosystem Services,16, pp.83-93. Meijaard, E., Wunder, S., Guariguata, M.R. and Sheil, D., 2014. What scope for certifying forest ecosystem services?.Ecosystem Services,7, pp.160-166. Nyongesa, J.M., Bett, H.K., Lagat, J.K. and Ayuya, O.I., 2016. Estimating farmers stated willingness to accept pay for ecosystem services: case of Lake Naivasha watershed Payment for Ecosystem Services scheme-Kenya.Ecological Processes,5(1), p.15. Page, G. and Bellotti, B., 2015. Farmers value on-farm ecosystem services as important, but what are the impediments to participation in PES schemes?.Science of the Total Environment,515, pp.12-19. Stephens, M.L. and Grist, P., 2014. Market failure for plantations: past experiences and emerging trends for delivering wood production and ecosystem services in Australia.International Forestry Review,16(2), pp.205-215. Swallow, B., Meinzen-Dick, R.S. and Van Noordwijk, M., 2016.Localizing demand and supply of environmental services: interactions with property rights, collective action and the welfare of the poor. Tacconi, L., 2015.Regional Synthesis of Payments for Environmental Services (PES) in the Greater Mekong Region(Vol. 175). CIFOR. Waage, S., Scherr, S., Jenkins, M. and Inbar, M., 2016.A scoping assessment of current work on payments for ecosystem services in Asia, Latin America and East Southern Africa. Forest Trends. Wang, H., Dong, Z., Xu, Y. and Ge, C., 2016. Eco-compensation for watershed services in China.Water International,41(2), pp.271-289. Zhang, Q. and Bennett, M.T., 2015.Eco-Compensation for Watershed Services in the People's Republic of China. Asian Development Bank.

Motion to Determine Property of the Estate Essay Example

Motion to Determine Property of the Estate Paper Morgan and/or Edwards Company, LLC (Edwards Children) that the Probate court awarded her Copyrights and Royalties under a executed but not approved document entitled Settlement Agreement dated July 30, 1997 as well as a co-Publishing agreement which Arose out of this agreement. See both agreements attached hereto as Composite Exhibit C. 7. In October 2011, in the MARCI v Jess S. Morgan litigation, Richard Mandela of Jess S. Morgan Co testifies that the document dated July 30, 1997 was Probate Court Approved see Declaration of Richard Mandela attached hereto as Exhibit D. Counsel for Jess S. Morgan and BECK, LLC have alleged that the July 9, 1997 Stipulated Agreement is not on the Probate Court Record (See Doc 103 Page 2 paragraph 6 Attached hereto as Exhibit F On February 15, 2012 Counsel for Jess S. Morgan says Earlier you heard Mr Jennies say that theres a dispute over which of the agreements in the probate court and ask Judge, Judge, which one did you mean? when in fact all is was, was a mediated settlement agreement thats pretty broad, and then that mediated settlement was refined down, and again this was many years and years ago. We will write a custom essay sample on Motion to Determine Property of the Estate specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Motion to Determine Property of the Estate specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Motion to Determine Property of the Estate specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Mrs Edwards was presented by counsel, and thats what the dispute is ultimately going to be about See Transcript Page 28 Line 14-25 (Exhibit F) 4 The alleged Co-publishing Agreement contains a fake Probate Court Stamp in the Top Right Corner that Reads Received September 5, 1997 The Westport Probate Court has confirmed that this is NOT the official Seal of the Westport Probate Court and this alleged agreement is Blank and completely unexpected in the Sealed File. Page 2 of 12 8. On or about November 27, 2012 after over a year of extensive investigation and due diligence by Consultant Eric Moore, the Westport Probate Court determined that Eries theory of the Case was correct and Ms. Edwards was only bound by the Probate Corresponded Stipulated Agreement dated July 9, 1997. 9. The Copyrights and Royalties Including Administration Rights subject to Adversary 641 are already Property of the Estate because the debtor has possession of the recovered title, as these issues have already been adjudicated, and therefore the litigation is moot. 0. Collateral Estoppels principles are applicable to a subsequent proceeding only if: 1) the identical issues were presented in a prior proceeding; 2) there was a full ND fair opportunity to litigate the issues in the prior proceeding; 3) the issues in the prior litigation were a critical and necessary part of the prior determination; 4) the parties in the two proceedings were identical; and 5) the issues were actually litigated in the prior proceeding. Porter v. Saddlebags Resorts, Inc. , 679 So. Ad 1212, 1214815 (Flaw. Didst. Ct. App. 996) (citing Depot of Health and Rehab. Serves. V. B. J. M. , Copyright and Royalties rights have already been adjudicated by a Court, and so the issue surrounding the ownership of the property to Adversary 641 is moot. 11. The courts have emphasized that Collateral Estoppels precludes re-litigation of issues actually litigated in a prior proceeding. B. J. M. , 656 So. Ad at 910 As with res Judicial, collateral Estoppels is an affirmative defense, and the party asserting it bears the burden to show that such an issue was formerly determined with sufficient certainty. Freewheeling v. MAGIC Financial Corp , 437 So. Ad 191, 193 (Flaw. Didst. Ct. App. 1983). It would be unjust to re-litigate the prior Courts findings as to the Copyright and Royalties rights. 5 The Debtor needs to file the Recovered title dated July 9, 1997 with the Copyright Office and Royalty payers so that the Future Royalties will be paid to her directly, absent a Certified Probate Court Approved Copy of the Alleged Shipbuilding Agreement the Payers will not Pay Jess S. Morgan or any other entity except the debtor who is the Real Owner. Page 3 of 12 12. Creditor, Eric Moore fulfilled his obligations under the Consulting Agreement by determining and locating copyrights and other assets due to the debtor. This recovered Title procured by Moore and Referenced by Debtors bankruptcy Counsel David Jennies in open court on February 15, 2012 has enhanced the Estate by at least $25,000,000. Per independent appraisal, the total value of the debtors Copyrights is now roughly Moore reasonably relied upon the promise of the debtor made under the Consulting Agreement, and in return fulfilled his own obligations under the agreement. Because of that reliance Moore has been injured or damaged. Under the legal doctrine of promissory estoppels, Moore is entitled to payment under the Consulting Agreement. This determination and recovered title procured by Moore is performance of the agreement. 13. ADMISSION: Debtor Bambini Hearer-Edwards has admitted to this court, ownership of name Copyrights at issue in Paragraph 1 of Debtors Chapter 11 Case Management Summary, in Turnover Motions, in her Disclosure Statement, as well as in Court. See debtors adversary complaint filed on July 29, 2012. In fact, the Bernard Edwards State and Bernard Edwards Estate Federal Taxes clearly reflect that the Governing Agreement is dated July 9, 1997. The State and Federal Taxes were filed and paid in June 1999 by Jess S. Morgan according to this agreement, taxes were paid on the Administration Rights, Publisher Share, Writers Share, Producer Royalties and Artist Royalties See attached, therefore Ms. Edwards OWNS those rights. Exhibit E. 6 The $37,000,000 dollar valuation includes the Recovered Copyrights and her Historical Royalties which Appraised at roughly $12,000,000 dollars, this amount does not include any unpaid or underpaid royalties. Debtors pre-petition Entertainment Counsel Signed an Affidavit in support of Mr Moors performance of the Consulting Agreement 8 The Recovered Title procured by Moore is used in Adversary 641 Page 4 of 12 15. PROBATE COUNSEL OPINION: BY the Debtors own admission her probate Counsel, Boone Weinstein have confirmed that the July 9, 1997 Stipulated Agreement was 10 proved by the Westport Probate Court on September 4, 1997. See Adversary Complaint 247, Document 1, Paragraph 29. 16. The adverse Possessor(s) in this Case are Jess S. Morgan and/or Bernard Edwards Company, LLC and to some degree 1 1 Warner Chapel, as neither party has provided a Certified Probate Court Copy of the Document dated July 30, 1997 or the Co- publishing Agreement dated August 21, 1997 or July 21, 1997 with court orders attached. These Documents were not approved by the Westport Probate Court and the Co-pub doesnt even appear in the Probate Card Catalog of that Court, in fact the Corner, Therefore clear title could not and did not pass to Jess S. Morgan, Wallace Frisson, Bernard Edwards Company, LLC or earners Chapel under the Co- publishing Agreement or the Document Entitled Settlement Agreement Dated July 30, 1997 from the Estate of Bernard Edwards. See attached Probate Card Catalog and Letter from the Westport Probate Court attached hereto as Exhibit F. DISCUSSION 17. Bankruptcy Code 5541 (a) provides that when a debtor files a petition, an estate is created consisting of all legal or equitable interests of the debtor in property as of the commencement of the case. 11 U. S. C. 5541 (all) (emphasis added). Congress intended said section 9 Boone Weinstein acknowledge in writing on December 10, 2012 that they Received Documents and a Summary All Prepared by Eric Moore 10 The Probate Court Confirmed to me in writing on November 27, 2012 that the alleged Co-publishing Agreement and July 30, 1997 document were not Probate Court Approved and had No corresponding Court Orders attached. 11 Warner Chapel is the actual Publishing Administrator but they have no agreement with the debtor and the 10% fee has never appeared on the debtors royalties Statements, for the last 15 ears she was mislead and informed that Jess S. Morgan or BECK, LLC were her administrator and therefore charged her a 5% fee (See Exhibit D Paragraph 4) 12 Warner Chapel plead that the Debtor was bound by the agreement dated July 30, 1997 that arrived to the Probate Court on August 28, 1997, See Doc 98 Page 3 Paragraph 7, this alleged Settlement Agreement Was not approved by the Westport Probate Court and the Co-publishing Agreement that Arose out of it contains a Fake Probate Court Stamp Page 5 of 12 to be construed as broadly as possible to encompass all types and kinds of property. Matter of Hundreds, 85 B. R. 99, 1003 (Banks. S. D. Iowa 1988). As such, all legal or equitable interests of Debtor Hearer-Edwards needs to be ascertained by this Court for the purpose of distribution and/or the creation of the debtors plan. 18. The alleged Settlement Agreement dated July 30, 1997 was not approved by the Probate Court and is therefore a false document. The alleged Co-publishing Agreement arose out of that Unapproved July 30, 1997 Settlement Agreement and is, therefore also false. It is well settled that one cannot rely upon a document that has sprung forth from a false document. This is considered fruit of the poisonous tree. Although that legal doctrine is typically relied upon in criminal matters, the concept has also tree) of the evidence or evidence itself is tainted, then anything gained (the fruit) from it, is tainted as well. The Co-publishing Agreement cannot be valid because it sprung forth from a Settlement Agreement that was never approved by the Court. Fruit of the poisonous tree. Further, presenting the July 30, 1997 Settlement Agreement as a court approved document is fraud. A contract procured by fraud is unenforceable by the wrongdoer. The issue of whether a contract procured by fraud s void as to the wrongdoer is a matter of law. The standard of review of decisions of law is De novo. See Execute Bus. Sys. V. New OZ Paper Co. , 752 So. Ad 582 (Flaw. 2000). 19. Florists well-established public policy is not to permit nor tolerate a person to benefit from his own wrongful acts. Florida Federal Courts have enunciated the policy in Showed v. Patterson, 49 So. Ad 848, 849 (Flaw. 1951) holding that no one shall be permitted to profit by his own fraud, or take advantage of his own wrong, or found any claim upon his own inequity, or profit by his own crime. This basic and monumental principle has been applied to contracts. In Florida, [a] contract procured through fraud is never binding upon an innocent party thereto. As to him, such contract is avoidable; as to the wrongdoer, it is void. (emphasis added) Florida East coast Railway co. V. Thompson, 111 so. 525, 527 (Flaw. 1927); Winter park Telephone Co. V. Strong, 179 So. 289 (Flaw. Page 6 of 12 1937); Deforested v. Public super Markets, Inc. , 648 so. Ad 1256 (Flaw. 4th DC 1995); Buchanan v. Clinton, 293 so. Ad 120 (Flaw. 1st DC 1974). 20. When a contract is void as to a party, the contract is unenforceable by that party, and hat party cannot recover under the contract at law or in equity. Shall v. Race, 135 So. Ad 252, 257 (Flaw. Ad DC 1961). Florists public policy prohibits a person who procures a contract by fraud to benefit from his fraudulent acts at the expense of the innocent party. In furtherance of this policy, the First District Court of Appeal stated: [C]routs have an affirmative duty to avoid allowing a party who violates public policy to receive any substantial benefits from his or her wrongdoing. Thus, as a general rule, if the enforcement of a contract is contrary to the public policy of the forum Tate, the contract need not be enforced. This rule is based on the rationale that there can exist no legal remedy for that which is itself illegal. Title Trust Co. Of Florida v. Parker, 468 So. Ad 520, 521 (Flaw. 1st DC 1985) (citations omitted). (emphasis added) Based upon these clear and concise precedents, as well as public policy, the Settlement Agreement dated July 30, 1997 and the Co-publishing Agreement dated August 21, 1997 are void and unenforceable as a matter of law. 21. And is the result of a confidential and court-approved settlement agreement (Settlement Agreement) dated July 30, 1997 Paragraph 7 of Mandelas Declaration), is a violation of Flaw. Stats. S 92. 525 Verification of documents; perjury by false written declaration. S 92. 525(2) states: (2) A written declaration means the following statement: Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true, followed by the signature of the person making the declaration, except when a verificat ion on information or belief is permitted by law, in which case the words to the best of my knowledge and belief may be added. The written declaration shall be printed or hyped at the end of or immediately below the document being verified and above the signature of the person making the declaration. It has been proven by a preponderance of the evidence that Richard Mandelas Declaration is untrue because this alleged court-approved document does not appear anywhere in the Courts log. Further, pursuant to Flaw. Stats. S 92. 525(3): A person who knowingly makes a false declaration under Page 7 of 12 subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 75. 082, s. 775. 083, or s. 75. 084. So there may be other issues at play here as well, criminal issues, regarding presenting false, so-called court approved documents when they have never been court- approved. Jimmy D. Parrish, Sees. , attorney for Jess S. Morgan, Wallace Frisson and Bernard Edwards Company,LLC. , has stated in open court on February 15, 2013 in the Bankruptcy C ourt, Tampa Division, Case Number 12-BC-15725-CRM, that the full blown settlement agreement outlines that Ms. Edwards is entitled to 37-1/2 percent of an income stream in an interest in the composition -copyright from the compositions. See Hearing Transcript on page 26, lines 13-16, attached hereto as Exhibit F.

Postponing Pregnancy Essay Example

Postponing Pregnancy Essay Example Postponing Pregnancy Essay Postponing Pregnancy Essay What are some of the drawbacks of postponing pregnancy? What are some of the benefits? Identify at least three of each and explain. There are many disadvantages and advantages of waiting to have children. Many couples take the time to complete their education and establish a secure career path. Working for several years may generate financial security that Is needed when providing for a family. With age, hopefully, comes wisdom and maturity that can be beneficial In raising children. Many older couples postpone families to travel and experience risks and opportunities they may otherwise not have when having to raise a family. By waiting It gives you and your spouse time to build a strong foundation for your children. The disadvantages of waiting Is (l use me as an example) you might have waited to long. Right now, I was Just released from the hospital on Sunday I am 35 and I was Just diagnosed with CHEF (congested heart failure) and was told that my lungs are very weak. Had 1 miscarriage at the age of 28 my body couldnt hold the baby and was recently told that I will never be able to give birth to a child because my heart can not bear it I would probably have a heart attack while giving birth because of the stress your heart is under. Now I wish I wouldnt have waited because I have always wanted children. There are many drawbacks of postponing pregnancy for women and men. While not everyone will experience these drawbacks, many do. There are many physiological risks in delayed pregnancy. The peak opportunity for women to normally get pregnant is in their early to mid twenties. The older a women is, the chance of fertilization decreases. A males sperm is affected by age, as well, increasing the risk of unsuccessful fertilization, Also, the quality of a womans egg decrease as she gets older and the risk of birth defects in delayed pregnancy increases. An older pregnant woman is at a higher risk of miscarriage, octopi pregnancy, fetal death, and health risks of her own such as diabetes and hypertension. Emotionally, an older mother and/or father may not have the stamina, energy, or patience needed in the demands of raising a child. The older you are, the greater risk that you will not live to see the child Into advanced or even early adulthood. Another drawback is the reduced number of children a couple will have the older they are before they start a family. This has an impact in society as a reduction In family size means less people In the true for the workforce. SOC-220, Lecture 7) There can be many benefits, as well, In delaying creating a family. Many couples take the time to complete their education and establish a secure career path. Working for several years may generate financial security that Is needed when providing for a family. With age, hopefully, comes wisdom and maturity that can be beneficial In Ralston children. Many older couples postpone families to travel and experience risks and opportunities they may otherwise not have when having to raise a family. Personally, I chose to get my doctor f chiropractic degree before getting married and having a family. This decision worked for me. However, I feel that a couple needs to weigh the pros and cons together an decide what is the best for them when starting a family. Pregnancy include thought-through pregnancies where mothers are in stable relationships, another is that its more health conscious, plan to contribute positively to society through example and the birth of their child,inspiration for research and new treatments,contribution to education and social capital and example of respect for diversity and differences these would be considered. Is said that Higher amounts of educated women over age 35 giving birth means that they are making a positive contribution to society and the economy on a number of levels through their delayed pregnancy and the birth of their child education, innovation, health, financial, and as social or human capital. Now for the disadvantages which are: unexpected pregnancy for example, an older woman may also fall pregnant unexpectedly similar to younger women, or when in menopause which is usually considered an unlikely time to conceive. There disadvantages such as older health sues, lost independence and community-support are also on the list of the cons(Medici,2014). Anythings? Q 7-2 What are some of the challenges facing a blended family? Some of the challenges facing a blended family are that it happens to be a very critical situation to deal with. They, the family, have to all learn to get a long with each other and except everyone for whom they are. The most serious thing to worry about is that the stepparents could abuse their stepchildren, especially sexually. The children have to learn how to like and accept their stepparents as another parent of heir very own. They must learn how to respect them. The kids will have to take awhile to get use to their other stepbrothers and stepsisters ways. The children will have a hard time calling their step mom, mom, and their stepfather, dad. It will be a very awkward situation since they already have a real mom and dad. Their stepparents can never replace their real parents, and they, the stepchildren, have to get the full understanding of that idea at least some point of time with their new family arrangements. There are many challenges that face blended families. I come from a difficult past in hat both my parents were married and divorced and I was a bastard child. My mom got married and I was then adopted by my step dad. My biological father married multiple times adding brothers and sisters of mine with each spouse. What can easily be noted by this is that blended family life is complex to say the least. It takes a lot of patience, love, and kindness to make it through some tough situations. In the past 10 years, however, my entire family has come to know the Lord and many relationships have been healed. A blended family is not a recipe for disaster, but I do live it takes more work and more patience then a family that is formed and maintained in the way in which Christ intended. Those who are not blended correctly, challenges may arise. Some challenges that blended families go through are children accepting the new parent, the new parent displaying favoritism over their biological children versus the step-children; and one of the biggest issues Ive seen is when the biological parent thats on the outside and the step-parent have conflict. Many times families are faces with such issues and do not know how to handle things properly. I believe that it takes very mature adults to make a blended family successful. The two biological parents should have a discussion with each other first to figure out a plan of action to make blending go smoothly. After they agree on how, they should approach the child first with the new scenario. All step-parents and biological parents should be included in decision making in regard to the children. Although they are not biological, the children will still be being raised under the step-parents care, therefore that person should be on the same page of parenting as the biological parents.

My model of leadership Essay Example | Topics and Well Written Essays - 2000 words

My model of leadership - Essay Example Leadership models help to understand the implications of specific behaviours that are generally portrayed by a leader in different circumstances. However, these behaviours also differ from person to person. This is because, every individual follows a leadership style that is suited for his personality and also suits the organizational setting in which he is working. Selecting the appropriate leadership style is vital for the growth of a person (Sosik and Godshalk, 2000). Several forms of leadership styles exist in a work environment. Each leadership style has its own pros and cons. The objectives and work culture in an organisation helps to decide the form of leadership which is best suited for its business practices. Some organizations allow flexibility in selection of leadership styles and therefore, the style may change with the task at hand. While selecting the leadership style, various realistic factors have to be kept in mind. However, in order to develop as a successful leader, an individual should make effort to understand all the leadership style and then adapt to the attributes which is essential for his growth in the long run. The effectiveness of a leader is enhanced when he selects the appropriate style based on the environment he is working in. Sometimes people apply the same style in every situation which is not a correct approach. There are various leadership styles which have overlapping characteristics i.e. transformational and charismatic. Some of the styles are complementary to each other and give better results when used together i.e. team and facilitative leadership. Some are entirely opposite to each other like, participative and autocratic. Based on the various forms of leadership, it can be seen that, Transformational leadership is a form that is mostly preferred by organizations and individuals because of its special attributes (Bass

The Importance of Performance Related Pay in Motivating Employees Research Proposal

The Importance of Performance Related Pay in Motivating Employees - Research Proposal Example There has been several studies on the same topic; however, the findings are varied. Nonetheless, most of the researches that investigated the same area revealed that in longer run performance-related pay (PRP) is not motivating for the employees (Boachie-Mensah and Dogbe, 2011; Forest, 2008; Marsden et al., 2000; Perry et al, 2009). The researches quoted the reason for demotivating effects of PRP as biased appraisal systems and its effects on employees who are not benefited from PRP techniques. These findings are accomplished by several researchers but PRP is still in practice which indicates that there must be something behind this technique that motivates employers to use it in their organisations. These differences in theory and practice indicate a need to link PRP techniques for employee motivation with entire compensation system (practises) to ensure its positive effects are realised. The underpinning issue identified by this study is that how PRP can be integrated into the compensation system in a way that it works as a motivational tool for the workforce. The findings from other research studies that guide the stance of this study are stated below; Based on these findings it cannot be said directly that PRP is not motivating but it can be said that fair appraisal systems may help motivate employees and encourage them to achieve the set standard. This study explores how the issues identified by the research in PRP can be tackled and how it can be used as a strong motivation tool. The guiding statement for this research is that PRP is motivating however there should be elements that needs to be integrated if performance related pay is to be used as a motivational tool. Now the question is what elements can make PRP motivational for employees. Perry et al (2009) suggested that in order to make PRP work, it is important to focus on robust

Punitive Damages To Products Liability Essay Example for Free

Punitive Damages To Products Liability Essay EXECUTIVE SUMMARY   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Product liability is a growing interest in almost all parts of the world. The doors of justice are opened to innocent and helpless consumers who can ask manufacturers of products to compensate them for damages incurred after using their products. The burden of liability is placed upon manufacturers and producers who could not use any defense to exculpate themselves from strict liability law.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There are two principles that form the foundations on product liability, namely, strict liability, and negligence. Thus, manufacturers are bound to make a wise estimate of how much damage it may be liable in the future should any case be filed against it on product liability. In effect, any manufacturer should ensure that the â€Å"good† of the product outweighs the â€Å"harm† that it may cause to any consumer if such product is put in the market. This is the social responsibility of manufacturers and a safeguard to consumers. Never mind if the cost is passed on to the consumers as may be incorporated in the cost of the product for as long as there is an assurance that in any future eventuality, the manufacturer would be able to answer to the liability and pay the cost of damage.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Punitive damages that may be awarded on top of the actual damages incurred would be up to the courts of justice to determine. The reason behind the grant is to deter similar cases in the future. Putting a cap on punitive damages is depriving a plaintiff his day in court while it also limits the authority that our laws have vested in the courts of justice. Any law to that effect is simply negating an individual’s right to be fully recompensed for any damage that may be incurred due on product liability cases. Thus, as in other cases on torts and delicts, it is best left to the courts of justice to establish the punitive damage that may be imposed against manufacturers whose product caused damage to any of its consumers. Should Punitive Damages In Products Liability Cases Be Capped   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The history of product liability law dates back to the 1800’s when one Englishman, Mr. Winterbottom filed a case against the manufacturer of a mail coach due to poor construction. Mr. Winterbottom, who was the driver of the mail coach of the Postmaster General, was seriously injured when the mail coach collapsed. The theory advanced at that time was to limit the liability to persons with privity of contracts. Mr. Winterbottom was not privy to the contract of purchase between the Postmaster General and the manufacturer of the mail coach. Thereby, the case was dismissed.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As the manufacturing industry advanced, quality control of the products being produced by manufacturers has become a subject of interest to many sectors of society. The concern naturally required the governments to enact laws which would ensure protection of consumers. However, while many laws could be enacted to ensure full protection of the consuming markets, compliance to these laws would also remain a question. Thus, it has been inevitable that cases on product liability piled up in the courts of justice in all countries of the world. The difference, though, is that where before the â€Å"little and helpless† consumers would have a difficult time to raise their concerns and seek redress; in these times where awareness on product liability has been brought to the fore, manufacturers with big pockets are made to compensate consumers for damages incurred.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There is no question that manufacturers should be made liable to pay for damages that any of their products may have caused on the consuming public. The law on strict liability has become the basis on findings of the court as it decides on how much liability any manufacturer is to shoulder and pay to the consumer in a particular case. Strict liability law stresses the liability on the product in contrast to the principle of negligence which places the responsibility on some acts of the manufacturer.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the case of Greenman v Yuba Power Products, Inc. the California Supreme Court assigned strict liability to a manufacturer, â€Å"†¦Ã¢â‚¬ ¦..  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   who placed on the market a defective product even though both privity of contract and notice of breach of warranty were lacking. The court rejected both contract and warranty theories, express or implied, as the basis for liability. Strict liability does not rest on a consensual foundation but, rather, on one created by law. The liability was created judicially because of the economic and social need for the protection of consumers in an increasingly complex and mechanized society, and because of the limitations in the negligence and warranty remedies. The courts avowed purpose was to insure that the costs of injuries resulting from defective products are borne by the manufacturer that put such products on the market rather than by the injured persons who are powerless to protect themselves.† (Greenman v. Yuba Power Products, Inc. [1963] 59 Cal.2d 57 [13 A.L.R.3d 1049].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Negligence, on the other hand, places upon the plaintiff to prove that the manufacturer acted or failed to act on something which resulted to the damage caused by the product. While the manufacturer, in such case, would still be held liable to compensate for damage incurred by the consumer, the amount and degree of liability would be abated based on the extent of defense that the manufacturer could successfully bring forth to the court in the instant case. Thus, following this line of reasoning, there is a risk that the plaintiff may not be fully recompensed for the damage incurred. In fact, there is a chance that the cause of the plaintiff may be denied. The most objectionable aspects of asbestos litigation can be briefly summarized: dockets in both federal and state courts continue to grow; long delays are routine; trials are too long; the same issues are litigated over and over; transaction costs exceed the victims recovery by nearly two to one; exhaustion of assets threatens and distorts the process; and future claimants may lose altogether. Report of The Judicial Conference Ad Hoc Committee on Asbestos Litigation 2-3 (Mar. 1991).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In recent cases, products liability claims are based not on negligence, but rather on strict liability. In the hands of good and responsible people, this development is for the benefit of the greater number of society – the consumers and the market. The burden of proving liability is no longer solely borne by the plaintiff. Proof of liability is much easier to raise and bring to the appreciation of the courts. Thus, more and more plaintiffs have been fully compensated.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Punitive damages which are awarded on top of actual damages create a different bearing in the case. Its main purpose is to deter others similarly situated to create unconscionable and similar acts in the future. The objective is to impress upon the mind of the defendant and to the whole world that such and similar acts would not be tolerated by society in general. Thus, in most cases, punitive damages are almost always very high.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As in tort cases, the laws of the land have placed upon our courts of justice the authority to determine the amount of punitive damages that may be rightfully granted in a particular case. Putting a cap to punitive damages would be limiting the authority of our courts of justice to act for and in behalf of the greater number for the greater good. Unconscionable punitive damages that are awarded and which are unacceptable to some parties could be raised to proper legal authorities through proper legal course of action.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Putting a cap to punitive damages that may be granted on product liability cases is limiting the right of a plaintiff to seek redress of grievances and damages incurred when and where proper. Both plaintiff and defendant have the opportunities to be heard in court and almost always, manufacturers have the best chances to protect their interests with the extent of their capability to litigate and pursue their rights.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Putting a cap to punitive damages is not the solution to exculpate manufacturers from liabilities. Preventive measures and full quality control of their goods from manufacture to market delivery should be enhanced and made the order of the day. Shifting responsibilities from the manufacturer to the consumer is something that is not fair and something that would work to the disadvantage of the consuming public in the long run.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Putting a cap on punitive damages to product liability could be interpreted as putting a limit to how much a consumer could be compensated for incurring damage. This is somehow dangerous and risky as no manufacturer could foresee the extent of damage that their products may cause upon an individual. Putting a cap to punitive damages simply works as insurance to consumers that whatever may happen, they are entitled to a certain extent of compensation depending on how they can prove the liability. Again the burden of proof is shifted to the consumer and away from the manufacturer. â€Å"The distinction between products liability and negligence was explained in Jiminez v. Sears, Roebuck Co. (1971) 4 Cal.3d 379, 383 [52 A.L.R.3d 92]: It is pointed out that in a products liability case the plaintiff in order to recover in strict liability in tort must prove that he was injured by a defect in the product and that the product was defective when it left the hands of the retailer or manufacturer; whereas to recover in negligence the plaintiff must prove the same two elements plus an additional element, namely, that the defect in the product was due to negligence of the defendant. This is a discreet departure from the strict liability law. In the case of Green v. General Petroleum Corp., where an oil well blew out through no fault of the defendant, the court relying on Section 3514 of the Civil Code held that:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   â€Å"The defendant was nevertheless liable. The case has been generally interpreted as one involving strict liability for damages resulting from an ultrahazardous activity. It is not significant that a property damage, as distinguished from a personal injury, was there involved. The important factor is that certain activities under certain conditions may be so hazardous to the public generally, and of such relative infrequent occurrence, that it may well call for strict liability as the best public policy. Green v. General Petroleum Corp. (1928) 205 Cal. 328 [60 A.L.R. 475].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Cases on product liability are pretty much similar to tort cases. Tort is a civil wrong which results to an injury or harm giving a person a cause of action to seek redress of the wrong mostly through relief of damages incurred. Sanctions for criminal acts may also be imposed but the injured person would almost always seek for monetary recompense for damages incurred such as loss of earning capacity, pain and suffering, and reasonable medical expenses. Therefore, like any other tort cases under the civil law where no cap to punitive damages is imposed or established, it is unfair and unconstitutional to place a cap on punitive damages on product liability cases. It is unconstitutional as it impinges on the right of a person to be compensated for damages incurred as granted to him under the civil law.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In an important but split decision, State Farm v. Campbell, the U.S. Supreme Court in April held that the Due Process Clause [of the 14th amendment] prohibits the imposition of grossly excessive or arbitrary punishments on defendants in tort cases. This was the second High Court ruling in the past few years that rightly objected to steep punitive damage awards.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There are measures which ensure that the courts do not grant unconscionable amounts of damages – actual and punitive. Putting a cap to punitive damages is not the answer for manufacturers to get an assurance and security that they would not be liable to pay for damages that would bring their business down. Well, first and foremost, manufacturers’ concern should be on the safety of its products.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Secondly, being responsible corporate citizens would spell the difference when any manufacturer is faced with the case on product liability. Actual, sincere, and timely concern to a case brought by any plaintiff would ensure that punitive damages that may be awarded would be commensurate to the strategy and action plan that the manufacturer has undertaken to ensure that the plantiff’s concern was addressed responsively and proactive measures are being strategized to prevent any other future occurrence. The burden of proof still rests upon the manufacturer and never on the consumer.   References White, Robert Jeffrey. Top 10 in torts: evolution in the common law. Trial 32, no. 7 (July 1996): 50-53. McMahonBinchy, Law of Torts, Butterworths 3rd Ed., par. 11.113-114 Jimenez v. Superior Court (T.M. Cobb Co.), 29 Cal. 4th 473 2002) Supreme Court of Ireland Judgment, 3 November 1988. Fischer, David A; Green, Michael; Powers, Jr. William; Sanders, Joseph. Fischer, Green, Powers and Sander’s Cases and Materials on Products Liability. 4th, American Casebook series. Copyright 2006. Owen, David G; Phillips, Jerry J. Owen and Phillips Products Liability in a Nutshell. 7th Edition (Nutshell Series) Green v. General Petroleum Corp. (1928) 205 Cal. 328 [60 A.L.R. 475] Owens, Phillips. Products Liability. 7th ed., 2005. 13-ISBN:  9780314155108 Format: Paperback-New SKU: Sumner, L. â€Å"Quality Assurance and Product Liability.† Product Liability in Engineering, IEE Colloquium on Volume, Issue 6 Mar 1989. Pages 2/1 to 2/7. Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57 [13 A.L.R.3d 1049]. Green v. General Petroleum Corp. (1928) 205 Cal. 328 [60 A.L.R. 475]. Jiminez v. Sears, Roebuck Co. (1971) 4 Cal.3d 379, 383 [52 A.L.R.3d 92]: