Saturday, February 29, 2020

Certainty Essay Example for Free

Certainty Essay Essay Topic: Certainty Choose cite format: APA MLA Harvard Chicago ASA IEEE AMA company About StudyMoose Contact Careers Help Center Donate a Paper Legal Terms & Conditions Privacy Policy Complaints The Purpose of the Certainty of Objects Requirement – For a Trust to exist, A must: (i) hold a specific claim-right or power; and (ii) be under a duty to B not to use that claim-right or power for A’s own benefit (unless and to the extent that A is also a beneficiary of the Trust). In other words, for a Trust to exist, A must be under the core Trust duty. The certainty requirements for a Trust simply reflect the fact that A must be under a duty to B in relation to a specific right. The certainty of objects requirement ensures that: (i) A owes a duty to a specific person; and (ii) A’s duty is certain enough to be enforced. The certainty of objects requirement can sometimes be seen as an inconvenient obstacle that can trip up a party (A0) trying to set up a Trust. However, it serves a vital purpose: a court cannot enforce a duty unless that duty is adequately defined. This point is not peculiar to Trusts. For example, an agreement between A and B can only impose a contractual duty on A to B if it is satisfies a certainty test: the nature of A’s duty to B must be adequately defined. In understanding the certainty of objects requirement, it is important to ask what information the court needs in order to enforce A’s supposed duty to B. If that information is lacking, A’s supposed duty cannot be enforced; so A will be under no duty to B; so there can be no Trust. 2. Discretionary Trusts – A discretionary Trust is a form of Trust (see p 222-4 of the book): it can exist only if A is under the core Trust duty. Example 1a: A0 transfers ? 100,000 to A subject to a duty: (i) not to use that money for A’s own benefit; and (ii) to invest the money prudently; and (iii) at the end of 21 years, to pay any unspent part of the ? 00,000 and its income to Oxfam. A0 also stipulates that, during that 21 years, A can, if he wishes, pay all or any of the ? 100,000 and its income to all or any of A0’s children or grandchildren. In such a case, there is clearly a Trust: A is under the core Trust duty. And Oxfam is a beneficiary of that Trust: A owes the core Trust duty to Oxfam. A0’s children and grandchildren are not, however, beneficiaries of a Trust: A does not owe them the core Trust duty. Rather, A has a power: A can, if he wishes, give all or any of the money to all or any f A0’s children and grandchildren. 1 See eg G Scammell & Nephew Ltd v Ouston [1941] AC 251. 1 – A discretionary Trust is a particular form of Trust: it exists where A, in addition to being under the core Trust duty, has a power to choose how to distribute the benefit of the right A holds on Trust. Example 1b: A0 transfers ? 100,000 to A subject to a duty: (i) not to use that money for A’s own benefit; and (ii) to pay the money, in equal shares, to all of A0’s children and grandchildren. In such a case, there is clearly a Trust: A is under the core Trust duty. There is no discretionary Trust: A does not have a power to choose how to distribute the benefit of the ? 100,000. Rather, there is a fixed Trust: A is under a duty to distribute the benefit of the right held on Trust in a specific way. Example 1c: A0 transfers ? 100,000 to A subject to a duty: (i) not to use that money for A’s own benefit; and (ii) to invest the money prudently; and (iii) by the end of 21 years, to have distributed that ? 100,000 and its income, as A sees fit, amongst all or any of A0’s children or grandchildren. In such a case, there is a discretionary Trust. A does owe the core Trust duty to A0’s children and grandchildren; but A has a power to choose how to distribute the benefit of the ? 100,000. 3. Discretionary Trusts & Certainty of Objects: The â€Å"Any Given Person† Test Example 2: A0 transfers ? 100,000 to A subject to a duty: (i) not to use that money for A’s own benefit; and (ii) to invest the money prudently; and (iii) by the end of 21 years, to have distributed that ? 100,000 and its income, as A sees fit, amongst all or any of A0’s relatives. In Example 2, there seems to be a problem. A0 has attempted to set up a discretionary Trust. However, such a Trust depends on A being under a duty not to pay any of the money to a person who is not a relative of A0. But can a court enforce that duty? For example, let’s say A chooses to pay out ? 5,000 to X. Is there a meaningful test the court can use to decide if X really is a relative of A0? If not, a key part of A’s intended duty cannot be enforced; in that case, the intended discretionary Trust cannot exist. And, if that occurs, A will hold the ? 100,000 on Resulting Trust for A0 (or, if A0 has died, for A0’s estate). We can sum up this point by saying that, for a discretionary Trust to exist, it must pass the â€Å"any given person† test: a court must be able to tell of any given person (eg X) whether or not that person falls within the class of those to whom A is permitted to distribute the benefit of the right A holds on Trust. 2 That â€Å"any given person† test is often referred to as the â€Å"given postulant† test. In re Baden (No 2),3 the Court of Appeal considered whether a discretionary Trust for A0’s relatives could pass that test. 2 3 See per Lord Wilberforce in McPhail v Doulton [1971] AC 424 at 456. [1973] Ch 9. Stamp LJ held that the discretionary Trust was valid. His Lordship reached that conclusion by taking a very narrow view of relatives as including only A0’s statutory next of kin (ie those close relatives specified by statute as being able to acquire A0’s rights if A0 dies without making a valid will). 4 Sachs and Megaw LJJ took a much broader approach to the term â€Å"relative†, defining it as anyone sharing an ancestor with A0. 5 That definition seems to cause a problem: if X claims that he and A0 had the same great-great-great-great-great grandmother, can the court really test that claim? Sachs and Megaw LJJ both dealt with that point by saying that the onus is on X to prove that claim; until X does so, it must be assumed that X does not share an ancestor with A0. 6 The approach of Sachs and Megaw LJJ (assuming X is out of the permitted class, unless and until X can show otherwise) seems to make the â€Å"any given person† test redundant. For example, if A0 tries to set up a discretionary Trust in which A has a power to distribute the benefit of a right to anyone who is a â€Å"good person†, we might expect A0’s attempt to fail: there is no way for a court to tell if X is or is not a â€Å"good person†. However, on the approach of Sachs and Megaw LJJ, we could instead say that the discretionary Trust is valid – it is just that, if X cannot prove he is a â€Å"good person†, it will be assumed that he is not such a person. It seems that neither Sachs LJ nor Megaw LJ wanted to leave the law in such a way as to permit there to be a discretionary Trust in favour of anyone who is a â€Å"good person†. So each judge added a further certainty requirement. Sachs LJ stated that the class of those to whom A can distribute the benefit of A’s right must be â€Å"conceptually certain†: that is, it must be possible to come up with a definition of the class. Practical, evidential problems as to whether X is or is not within that definition can be dealt with by applying the simple rule that X is out of the class until he proves otherwise. So the â€Å"good person† discretionary Trust will be invalid as there is no clear way of defining that term: it is conceptually uncertain. In contrast, whilst it may be difficult, or even impossible, to tell if X is or is not a relative of A0, that evidential uncertainty will not defeat the discretionary Trust. Megaw LJ added a different requirement, stating that a discretionary Trust can only be valid if there are a â€Å"substantial number† of people who are clearly within the class to whom A can distribute the benefit of A’s right. 8 Again, that requirement can be used to mean that a â€Å"good person† discretionary Trust is invalid, whereas a â€Å"relatives† discretionary Trust is not. The extra requirements imposed by Sachs and Megaw LJJ do not assist in fulfilling the purpose of the â€Å"any given person† test: making sure the court can tell if A distributes the benefit of the right to a person outside the permitted class. It may be that each requirement instead aims to ensure that the discretionary Trust makes some practical 4 5 [1973] Ch 9 at 28-29. Ibid at 21-22 (following the lead of the first instance judge, Brightman J). 6 Here, again, the lead of Brightman J was followed. 7 Ibid at 20. 8 Ibid at 24. 3 sense: for example, if it is not possible to give a conceptually certain definition to the class, it may well be that no-one can show he is within that class. Megaw LJ’s requirement for a â€Å"substantial number† to be within the class is of course quite vague: the point seems to be that, for a iscretionary Trust to make sense, A must have a genuine choice to make as to who will receive the benefit of A’s right. However, that point is not always correct: for example, the discretion in a discretionary Trust could come from A having a power to decide how much of the benefit of A’s right a particular individual should receive. 4. 4. 1 Discretionary Trusts & Certainty of Objects: Further Tests The â€Å"full list† test? At one point, it was suggested that a discretionary trust could be valid only if the court could draw up a full list of the people to whom A is permitted to distribute the benefit of a right. On that view, in Example 2, a discretionary trust would arise only if it is possible to draw up a full list of A0’s relatives. However, in McPhail v Doulton, the House of Lords rejected that view. 9 It was based on the idea that, if A failed in his duty to distribute the benefit of the right, a court would have to step in and decide how to distribute. And, to avoid favouring any one person, the court would have to order equal division of the benefit of the right amongst all members of the class. On that view, a discretionary trust would become, in effect, like the fixed Trust in Example 1b: so a full list would be necessary. In McPhail v Doulton, Lord Wilberforce pointed out that, if A fails in his duty to distribute the benefit of a right, a court does not have to order equal division. 10 After all, such equal division could be one of the worst ways of distributing the benefit of a right: for example, splitting up a fund of ? 100,000 equally among 1,000 people would mean that no one person gains a substantial benefit from the discretionary trust. So, given the other means by which the court can step in to execute a discretionary trust, there is no need to apply the â€Å"full list† test. 4. 2 The â€Å"administrative workability† test The fact that a court may need to step in and execute a discretionary trust does not mean that a discretionary trust must pass the â€Å"full list† test. Nonetheless, it may have some impact. For example, if the terms of the attempted discretionary trust mean that there is no sensible plan a court could adopt to execute that supposed trust, then A0’s attempt to set up a discretionary trust must fail. This point may explain the (rarely relevant) â€Å"administrative workability† test. 11 9 [1971] AC 424. Ibid at 456-7. 11 That test is referred to by Lord Wilberforce in McPhail v Doulton: [1971] 1 AC 424 at 457. 10 4 For example, in one case,12 A0 (a council shortly to disappear as part of a reorganisation) attempted to set up a discretionary trust (of a large sum of money) for the benefit of all the former residents of the area covered by that council. The class of people to whom A could distribute the benefit of its right would thus include over 2 million people. It was found that the council’s attempt to set up a discretionary Trust failed: the planned Trust was â€Å"administratively unworkable†. The problem here may be that, if A fails to perform his duty to distribute, the court will have to step in. And is there any sensible way order a court could make to distribute the benefit of A’s right? We have to bear in mind the need for a court to avoid making the type of contentious political decision which it is ill-suited to make and which may cause resentment. 3 Of course, in most cases, no such problems arise: the â€Å"administrative workability† test rarely prevents an intended discretionary trust from arising. This explanation of the â€Å"administrative workability† test explains why it applies to discretionary trusts but not to attempts to give A a power (as in Example 1a). If A chooses not to exercise a power to distribute the benefit of a right then, as A is under no duty to do so, a court does not need to step in and order some form of distribution. There is thus no risk of a court facing the dilemma that would arise if an administratively unworkable discretionary trust were allowed to be valid. 4. 3 The â€Å"non-capricious† test Although the â€Å"administrative workability† test does not apply to powers, that does not mean that powers are free from certainty tests. For example if A has a power to distribute the benefit of a right to all or any of a certain class of people then, as is the case with a discretionary trust, A is under a duty not to distribute outside that class. So, with a power as with a iscretionary trust, the â€Å"any given person† test applies:14 the power is only valid if a court can tell, should A exercise the power in favour of X, whether or not X is in the permitted class. Sometimes, when accepting a power, A also comes under a duty to act loyally and responsibly when considering whether to exercise that power. In such a case, for example, A (as is the case if A holds a right on a discretionary trust) cannot simply ignore the power: he is under a duty to members of the class of potential recipients to consider periodically whether or not to exercise the power. 5 In these cases, A can be said to have a â€Å"fiduciary power†: A is not just under the negative duty not to distribute outside the permitted class; he also has some positive duties in relation to the power. It has been held that A0’s attempt to set up such a power will fail if the intended power is â€Å"capricious†: if there are no sensible criteria A can apply in considering whether and how 12 13 R v District Auditor, ex p West Yorkshire MCC [1986] RVR 24 (noted by Harpum [1986] CLJ 391). For example, would the money be better spent on paying for a new school, or a new hospital, or new sports facilities? 4 See eg re Gulbenkian [1970] AC 508. 15 For a discussion of A’s duties in such a case see eg per Megarry V-C in re Hay [1982] 1 WLR 202, esp at 210. 5 to exercise his power. 16 This does not mean that, when giving A the intended fiduciary power, A0 needs to spell out what factors A should take into account. However, it does mean that if the supposed power is â€Å"capricious† (ie there is no sensible scheme A can come up with) then A0’s attempt to give A the power must fail. Two points are worth noting about this â€Å"non-capricious† test. First, if it is linked to A0’s attempt to impose a duty on A to act loyally and responsibly when considering whether to exercise a power, it must apply to an attempt to set up a discretionary trust: such a duty is a key part of a discretionary trust. Second, in practice, it is very unlikely that this test will present a problem: people rarely go round setting up bizarre powers that cannot be considered in a sensible way. 4. 4 The â€Å"one person† test Example 3: A0, an owner of a large number of paintings, dies. In his will, he instructs A (his executor) to allow â€Å"each of my friends† to purchase one of those paintings each, at half its market value. In such a case, A0 does not attempt to set up a discretionary Trust: A has no power to choose how to distribute his rights. Rather, each friend of A has a fixed entitlement. A0 is attempting to make a conditional gift: if X satisfies a particular condition (if he is a friend of A0) he has a specific right. Nonetheless, it may seem that there is still a certainty problem: how can A (or the court) tell if X is or is not a friend of A0? However, in re Barlow, the essential facts of which were identical to Example 3,17 Browne-Wilkinson J held that the conditional gift was valid. His Lordship noted that an attempt to set up a discretionary Trust for â€Å"friends of A0† would fail: applying Sachs LJ’s test in re Baden (No 2), the term â€Å"friends of A0† is conceptually uncertain. However, a conditional gift should be treated differently: if there was just one person who could clearly show he was, on any reasonable test, a friend of A0, that person is entitled to acquire one of the paintings. 8 The test applied in re Barlow has been criticised. However, it can be defended. If an attempted discretionary Trust (eg in favour of â€Å"friends of A0†) fails a certainty test, then someone who could have benefitted from A’s power (eg a clear friend of A0) will miss out. But, in any case, that person only had a chance of receiving a benefit; he had no legal guarantee. In contrast, if a conditional gift is found to be invalid when there is a person who definitely stands to benefit from it, that person is deprived of a definite entitlement: a right given to him by A0. Certainty. (2018, Oct 14).

Thursday, February 13, 2020

Space (Digital) and Place (Physical) Coursework Example | Topics and Well Written Essays - 750 words

Space (Digital) and Place (Physical) - Coursework Example In the older days companies tried to market themselves and used several medium that range from radio, personal selling, and direct mail among others (Kurtz, 2008). In the new economy, companies must adopt strategies that are advantageous. This makes digital presence important for each and every organization. Digital presence is seen as the application of the digital platform by an organization in its business strategy (Mullins & Walker, 2010). The digital platform involves the use of web based applications in the delivery of goods and services. The internet and the World Wide Web have been used extensively by companies as mediums of digital presence. Companies have set up their websites and these are being used to sell goods and services both nationally and globally (Hanzaee, Behbound, & Ardakani, 2011). This brings us to the importance of digital presence for any organization which is: the syndication of information, the increasing returns to scale of network products, ability to cu stomize and personalize market offerings, ability to disinter mediate distribution, global reach, round the clock access and the possibility of instantaneous delivery (Mullins & Walker, 2010). ... Physical presence helps organizations in the delivery of goods and service to the market. Whereas digital presence is seen as important in the twenty first century because of the techno savvy generation, physical presence is still important especially to the local market and to those people who do not have access to the internet (Kurtz, 2008). A few strategic steps must be taken to ensure a company is located at the right place that is safe, friendly and accessible to the target market. The strategic positioning must follow the process of marketing that is concerned with socialization providing the needed activities in order that the customers and the organization get what they want and when they want it to facilitate an effective exchange process (Mullins & Walker, 2010). There are many implications for companies planning to maintain digital presence or physical presence. Digital presence means that a company must invest in technology especially web based technologies and mobile tel ephony platforms that will enable them to reach their customers and their customers to reach them (Simms, 2007). Vats amount of resources may be required in infrastructure in order to reach targeted populations. Financial resources will also be required to facilitate the entire process. The company must also involve itself in the provision of information to its customers informing them of the move to the online platform and these require a lot investment in advertising and promotional content (Simms, 2007). Many companies especially in the 20th century began with the physical presence before venturing onto the online platform. In the 21st century companies do not necessarily have to set up a physical presence before moving to the

Saturday, February 1, 2020

Organ black market Essay Example | Topics and Well Written Essays - 1250 words

Organ black market - Essay Example People have to stay on waiting lists for years before they may ultimately get an organ that can replace their organ which does not function normally. During this period, patients even end up losing their lives as a result of organ failure. Transplantation of organs is very essential for certain individuals, selling organs on the black market is unethical as the act is against the foundations of organ donation, increases the expenditure of the donor and increases cost for the society. Body Presumed Consent Donation of organ is the act of giving a gift or voluntarily donating an organ to another person. When organ transplantation started taking place, the consent of the donor and his family was given great importance and without their consent organ donation and transplantation could not take place. Due to this, there was a shortage of organs available in the market and nations started applying presumed consent system. Presumed consent refers to one’s belief that a person or his family members have no objection regarding transplantation of organs of a dead individual. Presumed consent may not take place if the family members stop or disallow the transplantation procedure (Devettere 401). Due to presumed consent, ample numbers of patients who need organ donations have started gaining access to organs but the number is still quite low due to the existence of black markets. Because of the existence of black markets, presumed consent can not be practiced in an efficient manner as people prefer selling their organs in the black market rather donating it and this is a common practice in developing nations. Regulating Markets and Black Markets The huge amount of difference between the demand for organs and supply of organs has resulted in an increase in black markets for organs. The demand for organs is much higher than the supply throughout the world; this has made policy makers take measures to counter the difference between the demand and supply. This has led n ations such as Singapore to reimburse and provide incentives to donors in order to encourage them to donate their organs (Cooper 15). Nations such as Singapore are even investing heavily in the procedure of donation and this is a very high cost to the donor in financial terms. The government and policy makers have taken steps such as paying for the transplant procedure and expenses that are bared by donors after the procedure has taken place. A major challenge recognized for the activities conducted by nations is the challenge known as transplant commercialism. Transplant commercialism is referred to the treatment of organs as a commodity which results in the buying and selling of organs and which increases the act of organ trafficking (Danovitch 443). Transplant commercialism is recognized as an unethical act because it shakes the very foundations of organ donation. Policy makers have realized that the nations that are providing incentives for organ donation are conducting an uneth ical act of reimbursing donors in return for their organs. On the other hand, policy makers do not restrict reimbursements. This will not leave the donor with a financial reward and will neither result in a disadvantage to him. According to the utilitarian view of ethics, all activities that are considered ethical must provide the optimum level of benefit to the society. If one views organ donation black

Friday, January 24, 2020

The Medias Influence on Eating Disorders Essay -- Essays Papers

The Media's Influence on Eating Disorders The National Eating Disorders Association states that eating disorders are conditions that arise from factors including physical, psychological, interpersonal, and social issues. Media images help define cultural definitions of beauty and attractiveness and are often acknowledged as one of the factors that contribute to the rise of eating disorders (NEDA). The National Eating Disorders Associations website, "The Effect of the Media on Body Satisfaction in Adolescent Girls", "The Media's Influence on Body Image Disturbance and Eating Disorders", and "Dieting Behaviors, Weight Perceptions, and Life Satisfaction Among Public High School Adolescents" are all articles that evaluate how the media may cause adolescent girls to develop eating disorders. In order to understand how the media?s portrayal of body image has an influence on adolescent girls developing eating disorders one must understand the attitudes young girls have about their body images, the emphasis on female thinness de picted in magazines and on television, and the way young women are influenced by the media. Body dissatisfaction has become the norm for female adolescents in America (Valois et al. 271). Body dissatisfaction is a result of the difference between the ideal self versus the perceived self (Champion and Furnham 214). Thompson and Heinberg found that girls who watch 8 hours or more of TV in a week will have greater body image dissatisfaction than girls who watch less than 8 hours of TV per week (342). This shows how girls who are exposed to television will develop negative feelings towards their body?s image. Negative feelings towards body image can often lead one to try various ways to lose weight. ... ...the media, it could reduce body dissatisfaction, and as a result it would decrease potential eating disorders (?NEDA?). Works Cited Champion, Helen, and Adrian Furnham. ?The Effect of the Media on Body Satisfaction in Adolescent Girls.? European Eating Disorders Review 7.3 (1999): 213-228. National Eating Disorders Association. 2002. 5 Apr. 2005 <http:// www.nationaleatingdisorders.org/p.asp?WebPage_ID=337>. Thompson, Kevin J., and Leslie J. Heinberg. ?The Media?s Influence on Body Image Disturbance and Eating Disorders: We?ve Reviled Them, Now Can We Rehabilitate Them?? Journal of Social Issues 55.2 (1999): 339-353. Valois, Robert F., Keith J. Zullig, E. Scott Huebner, and J. Wanzer Drane. ?Dieting Behaviors, Weight Perceptions, and Life Satisfaction Among Public High School Adolescents.? Eating Disorders 11.4 (2003): 271-288.

Wednesday, January 15, 2020

My Favorite Manager Essay

I worked in Strategic Centre, Consumer support services and global solution centre. I was hired as an front line operative and got promoted to Tech Lead role over time. When I was a trainer, my manager was Navin Kumar. Before working at HP, I used to work with Convergys. I was a front end operative at each of the other jobs before HP. Navin Kumar was my favorite because he had a relaxed mentality to the job but held accountability for actions. He allowed me and the other Trainers to have a say when running the Training module. He had the final say on all ideas but was open for input to improve the function of the Trainers efficiency. He was very personable and did not have the typical manager attitude. If I did my work when he wanted it completed and it was up to his level of quality his relationship was more similar to that of friends than a manager. If you failed to meet his expectations then he came down on me with a very strong force. He was not a typical manager in that sense. He set lofty expectations because he wanted me to succeed at a high level instead of setting low goals and just settling for an easy way out. He would set weekly goals and would reward the highest trainer efficiency scores that was internally maintained by HP Training team. This was motivation to test training methods and try to beat out my co-workers. He also had a level of respect for each of his employees that I never received at one of my other jobs. At HP everyone had the same level of expectations and if you did not meet them, Navin would work with that person to build up their quality of work or they would be mentored more rigorously with a clear performance improvement plan for not meeting expectations. I respected him more for being open to criticism. He would allow his trainers and senior trainers to critique him and help him improve his work quality. If I could work for Navin Kumar again I would immediately†¦

Tuesday, January 7, 2020

How Hard Is the HiSET High School Equivalency Test

Comparing the three high school equivalency exams, the HiSET program from ETS (Educational Testing Service) is most similar to the old GED (2002) in its format and content. Like the old GED, the questions tend to be straightforward--reading passages are short, and essay prompts are open-ended. However, the HiSET is based on Common Core State Standards and test takers must have previous content knowledge to score well, just like the current GED (2014) or the TASC. The fact that the HiSET resembles the easier old GED doesn’t mean that it’s easier to pass than other high school equivalency exams. Like other high school equivalency exams, students who pass the HiSET are proving that they have academic skills that are within top 60% of recent high school graduates. To pass the HiSET, test-takers must score a minimum of 8 out of 20 on each of the five subjects  and must have a minimum combined score of 45. So you cannot pass the exam by simply scoring the minimum in each subject. Also, if you have ever wondered if you are ready for college-level courses, a score of 15 or higher in each subtest means that you have met HiSET’s College and Career Readiness Standard. You will see the marks--either yes or no--on your Individual Test Report. HiSET Study Tips There is one essay prompt for the writing section and all other questions are multiple-choice. Note that answering any question may involve content from more than one category. To get a feel for the test, take free practice tests at hiset.ets.org/prepare/overview/ The breakdown of content categories for each subject is as follows: Language Arts-Reading Duration: 65 minutes (40 multiple-choice questions) 60% literary texts, 40% informational texts.The texts generally range in length from 400 to 600 words.Questions may involve one or more of these skills: ComprehensionInference and InterpretationAnalysisSynthesis and Generalization Duration: Part 1--75 minutes (50 multiple-choice), Part 2--45 minutes (1 essay question) The essay is scored separately from the rest of the writing section. You need to score at least 8 on the multiple choice AND 2 out of 6 on the essay to pass the writing test. Part 1 measures a candidate’s ability to edit and revise the written text.Part 2 measures a candidate’s ability to generate and organize ideas in writing.The essay response is evaluated on development, organization, language facility, and writing conventions. Mathematics Duration: 90 minutes (50 multiple-choice questions) The use of a calculator is an option.Some formulas appear with the questions that need them.Content will come from these four categories in similar proportion: Numbers and Operations on NumbersMeasurement/GeometryData Analysis/Probability/StatisticsAlgebraic Concepts Science Duration: 80 minutes (50 multiple-choice questions) Life Science (50%) Organisms, Their Environments, and Their Life CyclesThe Interdependence of OrganismsThe Relationships Between Structure and Function in Living Systems Physical Science (25%) Size, Weight, Shape, Color,  and TemperatureConcepts Relating to the Position and Motion of ObjectsThe Principles of Light, Heat, Electricity, and Magnetism Earth Science (25%) Properties of Earth MaterialsGeologic Structures and TimeEarth’s Movements in the Solar Systems Social Studies Duration: 70 minutes (50 multiple-choice questions) 45% History Historical Sources and PerspectivesInterconnections Among the Past, Present, and FutureSpecific Eras in the U.S. and World History, including the people who have shaped them and the political, economic, and cultural characteristics of those eras. 30% Civics/Government Civic Ideals and Practices of Citizenship in a Democratic SocietyThe Role of the Informed Citizen and the Meaning of CitizenshipConcepts of Power and AuthorityThe Purposes and Characteristics of Various Governance Systems, with particular emphasis on the U.S. government, the relationship between individual rights and responsibilities, and the concepts of a just society. 15% Economics Principles of Supply and DemandThe Difference Between Needs and WantsThe Impact of Technology on EconomicsThe Interdependent Nature of EconomiesHow the Economy Can Be Affected by GovernmentsHow That Effect Varies Over Time 10% Geography Concepts and Terminology of Physical and Human GeographyGeographic Concepts to Analyze Spatial Phenomena and Discuss Economic, Political, and Social FactorsInterpretation of Maps and Other Visual and Technological ToolsThe Analysis of Case Studies Source http://hiset.ets.org

Monday, December 30, 2019

Is Privileges A Special Entitlement - 1856 Words

It is safe to assume that many if not most individuals have heard the terms rights and privileges. What might not be safe to assume is that all of those individuals know the actual difference between the two terms. To clarify, AJ Oatsvall explains the difference as, â€Å"A privilege is a special entitlement granted to a restricted group or person, either by birth or on a conditional basis, and can be revoked. By contrast, a right is irrevocable and inherently held by all human beings.† (Oatsvall, 2015, para. 1). This essentially suggests that privileges can be given to individuals and also taken away, yet a right is something that all individuals are entitled to. To illustrate, all individuals have the right to enter a retail establishment,†¦show more content†¦Many of these patients were deemed to be considered in critical care, evident by the need of machines to provide, oxygen, other forms of life saving methods, and monitoring, which only lasted so long (Van Camp , 2014). Although the critical situation of Hurricane Katrina was such a severe issue in itself, leaving an extreme amount of devastation behind, another issue was brought to the surface (Van Camp, 2014). Despite some of the greatest efforts, some patients lost their lives. An evaluation carried out by government personnel and the office of the medical examiner, concluded that there was proof that over forty of those patients were given an overabundance amount of morphine prior to dying, seemingly euthanasia (Van Camp, 2014). Many viewed these findings to be that medical personnel had acted with intention to inflict death upon these patients; specifically a physician Anna Pou who was accused of homicide for four of the patients (Van Camp, 2014). There were arguments from both sides, one that it was pure murder not to be mistaken as euthanasia and the other side from Pou that she was not the person being portrayed or a person who displayed such characteristics and did not share in the belief of euthanasia (Van Camp, 2014). A grand jury decided not to formally charge Pou with four counts of homicide, however since then the families of the deceased haveShow MoreRelatedInterviews With Fre derick Taylor Max Weber and Luther Gulick827 Words   |  3 Pagesthere is a balance that must be developed to ensure that the interests of the general public are taken into account as well as special interest groups. Question No. 2: Are Americans workers disadvantaged in the global marketplace because of an unearned sense of entitlement and privilege? Frederick Taylor: The American worker does not deserve a sense of entitlement or privilege any more than say, the Indian or Russian trying to make a living. 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