Legal Liability Nunn vs. Massachusetts Essays - Types Of Insurance

South Carolina State University Department of Health Science Article # 2 Legal Liability Nunn vs. Massachusetts Case # 12-3712 Submitted for: P.E. 413 Legal Aspects of Sports Presented To: Dr. Crystal S. Nixon Submitted By: Orangeburg, SC October 6, 2015 Facts of the case: 1.In August of 2010 two former NBA referees, Ronald Dunn and Donald Vaden, filed a suit against Massachusetts Casualty Insurance Company alleging false supplemental disability insurance policies that were issued to them. 2.Sales representative Steven Lucas for Sun Life of Canada, who falls under the title of disability expert, provided the former referees with inaccurate information. 3.Sales representative Steven Lucas assisted former NBA referees Ronald Dunn and Donald Vaden in completing the application for Sun Life of Canada over the phone still providing false information. 4.Plaintiffs received their copies of Massachusetts Casualty Insurance Company supplemental disability insurance policy but never read the policy. 5.The policy included a Notice of 10 day right to exchange. This policy clause stipulated that the plaintiffs could return the policy if they were not satisfied with the results within ten days. Issue of the case: Should the referees except that they were irresponsible for not reading the contract before committing to the insurance company? Answer: True Ruling: Not Guilty My reaction to the case: My primary reaction after reviewing this case was that the Massachusetts Casualty Insurance Company was responsible for the misrepresentation that was conducted by an employee of their company. However, after further review I believe that the negligence is on the part of the plaintiffs. It was their irresponsibility that allowed them to sign a contract without reading the fine print. Any contract or legal document falls under the requirement of the recipient to review. If I were in the plaintiffs shoes I would have believed that I could file a suit under the pretence that I was given false information. However, the referees must take responsibility for not completely following the guidelines of the contract which is simply to read the contract. As a future sports professional, I have learned to pay close attention to anyone selling me insurance, and to be mindful of what I am signing. If I sign a legal binding document then it is my responsibility to accept w hatever stipulations come with the document. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB0QFjAAahUKEwj9iZLB_q3IAhULdD4KHWaZCSM&url=http%3A%2F%2Fcaselaw.findlaw.com%2Fus-2nd-circuit%2F1658154.html&usg=AFQjCNF8rXHRkLV9VH2E3nquAOHBR4yyJQ&bvm=bv.104317490,d.cWw

Commonly Confused Words Diagnosis and Prognosis

Commonly Confused Words Diagnosis and Prognosis The words  diagnosis and prognosis are commonly (though not exclusively) used in the medical field. Both terms contain the root word gnosis, which means knowledge. But  diagnosis and prognosis refer to different kinds of knowledge or information. Definitions The noun diagnosis refers to the process of analyzing information to understand or explain something. The plural of diagnosis is diagnoses. The adjective form is diagnostic. The noun prognosis means a forecast or predictiona judgment about what is likely to occur in the future. The plural of prognosis is prognoses. In the medical field, diagnosis relates to identifying and understanding the nature of a disease or disorder, while a prognosis  is a prediction of the probable outcome of a disease or disorder. Examples Medical researchers are examining strategies for the early diagnosis of Alzheimers disease.A simple 15-minute brain scan could help doctors diagnose people* with  autism  by identifying structural differences in their brains. Scientists say the scans would speed up what is currently a long and emotional diagnostic procedure and allow the identification of at-risk children more rapidly.​(Alok Jha, Autism Can Be Diagnosed With Brain ScanStudy. The Guardian [UK], August 10, 2010)* See usage notes below.  The prognosis for continued and sustainable improvements in human well-being on a transformed planet Earth is, at best, guarded.​(W.C. Clark et al., Science for Global Sustainability.  Earth System Analysis for Sustainability, ed. by Hans-Joachim Schellnhuber et al. MIT Press, 2004)Our task was to  learn all that was known  about the natural history of disease so that we could make an accurate diagnosis and a reasonably probabilistic prognosis.  That done, ou r function as doctors  would be to enlist the best possible nursing care, explain matters to the patient and family, and stand by.​(Lewis Thomas, The Fragile Species. Touchstone, 1996) Usage Notes The distinguishing  difference between diagnosis and prognosis  is that prognosis implies the prediction of a future state. Thus, to accomplish prognosis requires both diagnostic and predictive tools, the former to sense the current state of damage and the latter to predict the future state based on projected usage and applicable life-prediction routines.​(Materials Damage Prognosis, ed. by James M. Larsen et al., 2005)  The disease, not the patient, is diagnosed. Do not write She was diagnosed with cancer. But also avoid stilted constructions like this: She was given a diagnosis of cancer. Consider simpler alternatives: She learned she had cancer. Tests showed she had cancer. Her doctor told her she had cancer.(Allan M. Siegal and William G. Connolly, The New York Times Manual of Style and Usage, 5th ed. Three Rivers Press, 2015)Lurie 1927 disapproves of using the verb diagnose with a person as its object, even though there is often no other way of avoiding a stilted se ntence. . . . [W]e believe that it is more frequently found in speech than in writing. However, the usefulness of this sense of diagnose is manifest, and its use in writing may well increase.(Merriam-Websters Dictionary of English Usage, 1994) Practice (a) When the ships engine wouldnt start, the chief engineer offered a _____ of the problem.(b) The gloomy _____ for jobs and incomes in the coming year sent stock prices falling. Answers to Practice Exercises (a) When the ships engine wouldnt start, the chief engineer offered a  diagnosis  of the problem.(b) The gloomy  prognosis  for jobs and incomes in the coming year sent stock prices falling.

To an Athlete Dying Young by A. F. Housman (Poetry) Research Paper

To an Athlete Dying Young by A. F. Housman (Poetry) - Research Paper Example speaker congratulates the young and eminent athlete for dying at a young and prime age rather than dying at old age when one and all his or her achievements are forgotten. In the first line of the poem â€Å"To an Athlete Dying Young†, the author Housman tries to illustrate the great accomplishment of the young athlete who brought proud to his people by winning a race. This great achievement of winning a race was so dear to the people of his town that they carried him shoulder high, praising him as they pass through the market to his home (Housman, 1-3). The significance of his achievement is also seen in the manner in which everybody both young and old cheered the young hero in the second, third and fourth line in the first stanza of the poem. The cheering of the hero as he passes through the crowd is also witnessed in the manner in which the former United states president JF Kennedy got cheered and applauded during his tour of campaign. Owing to what he had achieved so far, although being a young president of 46 years for the people of America, the president received accolades in both republican and democratic states. The young athlete because of the pride and accomplishment he brought to his people earned him fame and love by his people and this can also be compared to the love and fame the young John .F. Kennedy enjoyed from the people during his tenure as the president of the United States of America. President Kennedy became famous and a darling to many American families owing to the great achievements he accomplished in both domestic policies and foreign policy achievements (Jim Jarris, pg 17). For instance, with respect to domestic achievement, President Kennedy promoted domestic programs and policies that encourage the federal funding of education, economic aid to rural areas, comprehensive medical care for the elderly American in the society and federal intervention to stop the recession of the moment. The president also signed orders and policies

Take home competent Essay Example | Topics and Well Written Essays - 750 words

Take home competent - Essay Example This helps people to live harmoniously and help each other towards achieving their dreams in life. Students studying in schools and collages from various parts will able to work together through even with difference in their culture in mind. Culture is pulled apart by several factors. These are what makes people of one place differ from those of another area based on what they practice. Language is the main cause of cultural differences. In this society, there are different ethnic speaking groups which all of them have their own unique language (Diller 2011). Some sub tribes believe they are dominant over the others, pulling them apart from the others. They cannot all speak the same language; therefore understanding each other becomes problematic in some places. Young children studying in different place from where they were born are faced with serious challenge when it gets to language issues. They are forced to undertake unites to get to know how to speak and write. This put them in back pedal gear and disadvantaged from those who understand. People who look for jobs in such places also find it hard to coup with it as they have to come to bar with the environment by first understanding the language (Diller 2011). This has been found to create gap among the citizens as they cannot work freely and harmoniously. Religion is another factor why culture is diverse in the society. Basically, there are about four major different religions. Christians, Muslims, Hindus and buddies which they all have they own believes and ways of doing things. Their values and practices are distinct such that even though all of them pray the same God; how they do it does not show that. Each one of them is guided by certain set rules which make them unique from the others. This pulls people apart since each group wants to do what is accepted in their religion and get

Strategic management Essay Example | Topics and Well Written Essays - 750 words

Strategic management - Essay Example Thus, it has become imperative for airliners to re-engineer their operations to fit the requirements of strategies like low-cost and differentiation. According to the Porter’s five forces model, the industry situation has led to a decline in the attractiveness of the industry for new entrants. These new entrants would come up with some sort of an edge to beat the entrenched airlines of the industry. The industry is also overseeing a period in which the bargaining power of suppliers and customers both are high. Customers are demanding additional benefits at low cost, whereas suppliers like Oil companies are seeking high prices for fuel. The dynamics of the industry are such that the rivalry amongst competitors is high. Since the customer base has shrink as a result of the world recession, therefore airlines are competing to attract customers towards them by offering differentiated services. Moreover, recent investment by the government on the infrastructure of railways and road network has lead to a situation in which threat of substitute is high for this industry. The results of these two strategic analysis tools show that the airline industry is overseeing a period of unprecedented level of competition and operating environment. Therefore, each airliner needs to come up with operational excellence that allows it to run low cost operations, which has become imperative for the industry participants. How the Airlines are maintaining low cost operations: Airlines, which have adopted a low cost operational mode, have been very stringent when it comes to spending their resources. They have expanded their operations in to new regions only when they were confident that they had the resource to support this initiative. These carriers never go into a head-to-head battle with long distance carriers. Moreover, these airlines try to keep their debt position very strong by not taking too much debt to fund their fleet operations. These airlines have designed an operat ional method that allows them to be short haul, high frequency, and low fare and point-point carriers. In addition, these air carriers have identified a market niche that is a best fit to their style of operations, which enables these airlines to serve them efficiently and economically. Most importantly, these airlines have ripped away the costs associated with extravagant customer servicing. Such costs are associated with frills, lunch and ticketing material. All such costs have been taken away from the operations of these airlines. Conclusion: Harsh economic conditions coupled by rising cost of fuel have made it imperative upon airlines to streamline their operations. Airlines have to come up with a cost structure that is effective and efficient. This cost structure should be incorporated in the operational design of these airlines so that the airline can generate profits from its operations. In this regards many airlines have adopted a low cost strategy under which they have take n certain actions that have been discussed above. Strategic Evaluation of the Strategic Options for Future Growth for the EAI Companies: Recent economic crisis have led airliners in a messy situation. These airliners are now facing a situation in which they have revenues declining at an exponential rate. Moreover,

The Enlightenment And The Development Of Scientific Method Philosophy Essay

The Enlightenment And The Development Of Scientific Method Philosophy Essay After Greek Civilization happened around 500 B.C., Sophists asserted that human should be aware of themselves and nature as Protagoras declared (Feibleman, 1995). The early philosophical thinking influenced the way people understood and gained the knowledge. The Scientific Revolution, which began in 17th century and associated with some familiar names like Isaac Isaac Newton (1643-1727), Galileo Galileo (1564-1642), had a huge impact on course of science and progress of human knowledge. Most scientific philosophers in that period believed that reason was the key to a correct method, and the model of reason was mathematics. (Hankins 2003, p. 2) Before the Enlightenment, people believed the knowledge, all intellectuals and natural world were creations of Gods will, but during the pre-modern period people started to challenge those thoughts existed since 16th century. The Enlightenment was a period when the reason was regarded as the way leading to true knowledge and several new concepts emerged did had a huge impact on development of scientific method. In 2003, Hankins described that the Enlightenment was not a fixed set of beliefs but a way of thinking, a critical approach that was supposed to open the way for constructive thought and action. (Hankins 2003, p. 2)The aim of this report is trying to describe and state the importance of Enlightenment in the development of the scientific method of inquiry. The Enlightenment not only provided scientific disciplines, but also had huge impact on latter development of scientific method. Part 1 Influential Philosophers and Scientific Method Influential Philosophers There were two major early modern thoughts emerged during the period of the Enlightenment: the Empiricism associated with Francis Bacon (1561-1626), John Locke (1632-1704) etc. and the Rationalism associated with Renà © Descartes (1596-1650) etc. The Empiricism refers to an argument asserted knowledge should be gained from sense experience and it also emphasized on several aspects of scientific knowledge related to evidence. Francis Bacons writings The Advancement of Learning and Novum Organon indicated a clearly features of scientific thinking accessing to the truth should base on observation (Smith, 2003) And he also argued that the key activity of science as one of demystifying existing false and irrational interpretations of the world around us (Smith 2003, p. 48) The powerful argument explained us that empirical observation is the way we should start from to gain real knowledge and up to this point he is seem as the Father of Experimental Philosophy (Lewes 1867, p. 119) John Locke who developed Bacons idea and pursued that the method of acquiring knowledge was to be based on in terms of sense experience. But how can we separate the knowledge gained only by sense experience and the substantive knowledge? On this point Loc ke developed Bacons idea and to some extent had impact on Metaphysics by dividing propositions into analytic/synthetic distinction (Smith 2003, p. 60). The Rationalism which associated with Renà © Descartes refers to a set of argument asserting knowledge result from logical and deductive human reasoning. Descartes made marked contribution on the development of mathematics to discover the application of Algebra to Geometry. And his system indicated that consciousness being the only ground of certitude, mathematics the only method of certitude. (Lewes 1867, p.145) Scientific Method There was only one the Enlightenment in human history, but there were several steps of construction of science and its method. There is undoubted that the Enlightenment was influenced by various philosophical thoughts, so to understand the relation between philosophy and science and scientific method should be the first step as to gain main target explaining the importance of the Enlightenment on development of scientific method. 1.jpg Figure 1 Perspective on the place and role of scientific method Gauch, G. H. (2003) Scientific Method in Practice. Cambridge: Cambridge University Press. [Online Image] available from: http://books.google.co.uk/books?id=iVkugqNG9dACprintsec=frontcoverdq=scientific+methodlr=hl=zh-CNsource=gbs_similarbooks_scad=1#v=onepageq=f=true Figure 1 gave a clear explanation of relation between philosophy, philosophy of science and scientific method. It is obvious to find that philosophy is grounded by common sense. Philosophy of science is the foundation of scientific method which supports scientific specialties and technology. Lewes provided a good definition of philosophy: philosophy attempts to explain the phenomena of the universe. (Lewes 1867, p. xix) The relationship between philosophy and science can be described as following statement: science is the systematization of different generalities achieved according to particulars, and philosophy is the systematization of the generalities of generalities (Losee, 1980). So we could assert that each science associated with philosophy will be the co-ordination of its highest truths.(e. g. philosophy of science) (Lewes 1867, p. xix) The scientific method would be an essential and crucial tool access to revealing the truth through application of two patterns of reasoning which they are: Deduction and Induction. As Toraldo di Francia stated in Gowers book in 1997 that a scientific method cannot adequately be discussed if it is divided from the science to which it applies. (Gower 1997, p. 6-7) The scientific method used in each specific science gradually evolved as what science did. But the period of the Enlightenment had a significant impact on the development of scientific method of inquiry. Part 2 The significance of the Enlightenment in the development of the scientific method of inquiry Rosenberg argued science did not really spring up independently elsewhere before or after its emergence among the Greeks 2500 years ago (Rosenberg 2000, p. 14). In ancient science, most thinkers never confronted with reality because they believed those findings were all self-disclosed and self sustained. Aristotle the first philosopher of science (Losee 1980, p. 6) may be truly styled the father of the Inductive Philosophy and announce with a completeness and precision not surpassed by Bacon himself. (Lewes 1867, p. 285) Also as Lewes (1867) stated that Aristotle was the first who arranged speculative questions of discriminate between objective and subjective conceptions of phenomena, and suggested the research. By holding the contrast opinion on Plato, Aristotle searched his basis in sensory perception. His inductive deductive method gave a view of scientific inquiry that started from observation to explanatory principles by using induction and went back to observation by using ded uction (Losee, 1980). C:Documents and SettingsSophieà ¦Ã‚ ¡Ã…’à ©Ã‚ Ã‚ ¢aristotel.jpg Figure 2 Aristotles inductive deductive procedure Losee, J. (1980) A Historical Introduction to the Philosophy of Science. Oxford: Oxford University Press. Whether we accept it or not, the ancient scientific thoughts were the foundation of the methodology in pre-modern period. Francis Bacon an empiricist in the Enlightenment and Descartes are regarded as the Fathers of Modern Philosophy as Lewes stated (Lewes, 1867). He published a well-known literary Novum Organum in 1620 asserted a new scientific method and replace previous Aristotles methodology as Losee (1980) stated. As Bacon said all merely logical explanations are valueless (Lewes 1867, p. li), up to this point experience and induction were his reliance. Nevertheless Alexandre Koyrà © and E. J. Dijksterhuis in Losees book (1980) argued that Bacon regarded as an innovator achieved nothing in science, and his critical opinion an inductive-experimental method was not incisive and original one comparing with Aristotelian method. On the contrary, John Herschel declared in Losees book (1980) that the task executed by Francis Bacon substituted in Aristotles method was stronger and bett er. C:Documents and SettingsSophieà ¦Ã‚ ¡Ã…’à ©Ã‚ Ã‚ ¢1.jpg Figure 3 Bacons Ladder of Axioms Losee, J. (1980) A Historical Introduction to the Philosophy of Science. Oxford: Oxford University Press. As Figure 3 presented, Bacons new method explained scientific procedure should stress on three steps: gradually, progressive inductions and a method of exclusion (Losee 1980, p. 64). And to some extent, Bacon agreed with Aristotles outline of scientific procedure that the progression in science should start from observations to general principles and back to observations. So Losee (1980) argued Bacon in 1620 also emphasized the inductive scientific procedure which should gradually develop from low degree of generality to inclusive ones. Furthermore, Bacon (1620) demonstrated that natural and experimental histories should be the base of the pyramid. Bacon summarized Aristotles weakness of inductive deductive method that did not critically practice collected data and work without enough observations, and provided his own opinion of stressing on practical application of scientific knowledge, nevertheless Lewes (1867) argued Bacon failed in scientific research because he denied the valu e claimed for methodology. The inversion of Francis Bacons scientific procedure was announced by Renà © Descartes. Descartes agreed with Bacons propositions of pyramid, but hold the opposite opinion to state that the work to seek general laws should begin at the top of the pyramid and go downwards as far as possible by using a deductive procedure. And he also claimed that any idea which is both clearly and distinctly present to the mind must be true. (Losee 1980, p. 71) And Lewes (1867) argued that due to Descartes argument we could say the Deductive Method was finally and completely constructed. The impact of Enlightenment on scientific method The previous methodology in the Enlightenment provided a scientific and philosophical foundation of modern science, and directly impacted Galileo, Newton in their scientific method. Just as Smith (2003) argued that the scientific method provided by Bacon and Descartes established the framework for modern scientific knowledge. Galileo who made observation of the surface of the sun and four satellites of Jupiter promoted the Method of Resolution and the Method of Composition. He agreed with Bacons inductive method and Descartes deductive. Let me explain. Just like Losee (1980) said Galileos agreement of importance of physical abstraction and idealization extended the inductive techniques. In Method of Resolution, Galileo sampled a series of fluids from observed bodies and gave an extrapolation. Losee (1980) argued that this extrapolation was only based on an ordered phenomenon, but no normal phenomena. And such idealization method makes him emphasize on imagination on the process of scientific procedure. But on the other hand, he also processed deductive method. In the Method of Composition, Galileo suggested the deduction of consequences that hypothesize the maximum range is achieved at 45 degree (Losee 1980, p. 55). Ohear (1991) described Galileos method had a positive feature in deductive systematization . Newton directly disagreed with Descartes deductive method and supported an examination of phenomena according to peoples generalization. So Newton declared that Although the arguing from Experiments and Observations by Induction is no Demonstration of general Conclusion, yet it is the best way of arguing which the Nature of Things admits of. (Newton 1952, p. 404) But on the other hand, he also applied deductive method in famous Optical experiment. So Smith described that it was creative mix of precise observation and scientific detachment from ones object derived from Bacon and the assumption of human consciousness as the source of knowledge derived from Descartes.(Smith 2003, p. 53) Lets see how Newton argued his Analysis and Synthesis Method and how it applied on scientific procedure. Newton affirmed Aristotles inductive-deductive procedure and opposed this as his Method of Analysis and Synthesis. In order to justify his thought, he agreed with Grosseteste and Roger Bacon in 13th century and Galileo and Francis Bacon in 17th century as Ohear (1991) described. His method fully applied in his famous optical experiment, and find out sunlight is consisted of different colors. He used inductively argued that rays of sunlight have refractive feature, and then he used deductive to justify his hypothesis for further consequences of this theory. Thus he was able introduce his laws of motion and gravitation. Conclusion The debates between deduction and induction never stopped, but the Enlightenment was such a crucial period that found the most important argument that any truth and scientific knowledge cannot be achieved without a correct scientific method. And the promotion of those methods was encouraged by several different philosophical scientists with various backgrounds. The reasoning is such a process by using scientific method to investigate new knowledge and revise previous knowledge. If a hypothetical reasoning bases on sense experience, the deductive reasoning is such a process may make the scientific conclusion more reliable and valid. Just like Gower said the reasoning they require is, in fact, deductive rather than inductive. No matter which method they would prefer, the significance of the Enlightenment is to establish thinking searching scientific methodology for each scientific course.

Sympathy for the Monster in Frankenstein by Mary Shelley :: essays research papers

In this essay I am going to answer ‘how and why does Mary Shelley make the reader sympathise with the character of the monster in her novel Frankenstein’. Many readers have sympathised with Frankenstein’s creation, the unnamed monster, because he is badly treated by most people who he comes across. Victor created the monster with dead body parts that he got though grave robbing once he got all of the parts it took him 2 years to build a body. Victor is very obsessed with his work because he would not let any one help him or see him his fiancà ©e is very worried he might be doing something he would regret. When victor brings the monster to life he soon realises that he has made a big mistake because he says ‘What have I done?’ this tells us that Victor has pride in his work at first but then it quickly turns to disbelief then he becomes terrified he leaves the monster and goes to his home in Geneva. The monster soon realises that he has been abandoned (I think that Mary has put in her novel him getting abandoned because her father abandoned her because he didn’t like the person who she was going to get married to) so he sets of to see what the world has to offer. As the monster comes across a village that has just been outrun with a deadly disease called colleria so when the villages see him they think that he brought it in and they beat. He turns to find Victor and make him pay for bring him back ugly. The monster finds a place to hide from all the people and he helps out a family by helping them with their farm work and he learns to read and write. In the fami ly there is a blind man the monster is very protective over the blind man and the man come for the tax on the house where they live and he beats the blind man up but then the monster beats up the tax man and the little girl with the blind man screams and the mum and dad hears meanwhile the blind man and the monster