Landmark Decisions Essay Example | Topics and Well Written Essays - 2000 words

Landmark Decisions - Essay Example In this regards, Plessy has also filed the petition against John H. Ferguson, the director of the rail company of United States (Street Law, Inc., 2000). By reviewing the case scenario, it has been observed that the Plessy v. Ferguson case was concentrated on the violation of law related to racial discrimination. The case was in favor of John Howard Ferguson, who was the legal authority of the case for Louisianan Railroad Companies, as a defendant of the case. In accordance, the decision was announced by the supreme court of Louisiana stating that Plessey was legitimized as per the Unites State laws, which was established for creating segregation as per racial basis. In this case, the legislation was recognized as major influence behind the decision making process of Supreme Court of Unites States (Street Law, Inc., 2000). Besides, Supreme Court’s decision in the year of 1875 has restricted the federal government’s ability towards making any kind of intervention in the state government affair. In order to make any kind of involvement in the racial segregation as well as discrimination related act, the federal government needs to take the permission from the Congress in power (Street Law, Inc., 2000). Contradictorily, in favor of the plaintiff, Plessy’s lawyer provided evidence, which suggested that the violation of rules under thirteenth and fourteenth amendments had taken place by the railway company. According to the plaintiff, the state railway company was accused of making differences between the boarding of rail car for whites as well as for colored race during providing services. As per the fourteenth amendment rules, Plessy was provided with the ticket of accessing common compartments, which indeed makes him liable for equal treatment in the rail besides the fact that the rule to ensure separate facilities on the basis of consumers’ race was in itself ethically

Is it Nature or Nurture Essay Example for Free

Is it Nature or Nurture Essay You become a certain way because of your nature, or what you are born with, or because of your environment which is nurture. Nature comes from genetics; your talent can be defined by natural talent, intelligence, temperament/attitude and disorders/conditions. Determination is the gray area between these too. Nurture on the other hand is your environment; your peers, family, social media, the media or school could influence you to pursue your dreams. Is it nature that Sung-Bong Choi could sing like an angel from above? Or was it the fact that he was determined to make something of himself after hearing that guy sing, that could be nurture. But determination makes it a little confusing. It could be both, you could be born with a natural talent, nature, but if you never start singing or if you dont have a passion for singing or dont have the opportunity to pursue a career in singing then nothing comes of it. That’s when nurture takes in place; if you audition for a TV show like American Idol or if you go to Nashville or Hollywood to pursue your dreams and have people helping you a long the way, that’s nurture. If your born with a talent and you have people around you influencing your decision then your dreams, your passion could come true. Sung- Bong Choi was born in Seoul and abandoned in an orphanage at the age of three. At the age of five years old he ran away because of how badly he was beaten and treated. For the next ten years he lived on the streets, sleeping on stairwells and selling gum and energy drinks to survive on his own. Until one day, he was 14 years old, he heard a guy singing classical music in a night club and became completely inspired. He searched for teachers to teach him how to sing like that singer. Finally a teacher agreed to teach him without charge and even helped him get into a arts school at age 16. Then one day in 2011 he auditioned for Koreans Got Talent (KGT). He told his story and sang beautifully; he brought the judges to tears. He is now signed to a record company. Was he born with the ability to sing? Or did the years of schooling at the arts school and that singing teacher lessons help him? I think that he had to be born with the ability to sing which is nature. But I feel as if nurture helped him pursue his dreams. If he wouldnt have seen that singer in the night club that night he wouldnt have been inspired and he wouldnt have looked for teachers to help him learn how to sing classical music. If he wouldnt have went art school he wouldnt have been able to sing greatly and the KGT audition wouldnt have happened and most likely he would still be selling gum and energy drinks or doing some low paying manual labor job; nurture played the biggest part in my mind. Wilma Rudolph was born number 20 out of 22 children; at the age of four she contracted polio that caused her to not be able to walk and she would fall all the time. She recovered but still had to wear braces on her legs and an orthopedic shoe to support her feet for two years. At 12 she fully recovered and could walk just like everyone else. She followed in her sisters foot steps in basketball but she had ran track two years prior and noticed by a Tennessee State scout in 1953. Long story short she won the Olympic Gold Medal in the 4100 relay in 1959. To overcome a disease as horrible as polio and to win an Olympic Gold Medal for running? Most people never walk again or even die from that disease. I think that she was born with the natural talent for running because her legs were pretty badly twisted from the polio; her parents pushing and her mom believing in her so much played a huge role. But I think nature and determination wins with Wilma; she was born to run. Misty Copeland had a troubled childhood, her mom always had boyfriends and really was consumed in those relationships. Her mom decided to put her in the Boys and Girls Club, that was an outlet for Misty. She never studied ballet until she was thirteen. Most kids start learning ballet as young as three years old to get their body and their feet in shape to bend and move like the ballerinas do. A woman taught ballet once a week at the Boys and Girls Club and it was free. But Mistys mother did not have a car and her sister worked two jobs so she would go and stay with the woman, Cynthia Bradley, during the week and go home to her mother during the weekends. After practicing and going through many struggles in 2008 she became a member of the American Ballet Theatre. She was the only African American to ever dance for the company. Misty was born to dance, otherwise her body  would have not been able to learn at such an advanced age. Cynthia inspired her and helped her be a better dancer. If it wasnt for Cynthia, I dont think Mistys mother would have let her continue to dance. So Im going to say it was both in this case, she was born to dance but Cynthia encouraged her to pursue the dream of being a ballerina and Misty was determined to make it happen. With myself at the stage I am in, in my life right now I think its both that has made me who I am. My mom is a very determined woman, but I was raised by my aunt. If I was raised by my mom I cant guarantee that I would be in college right now or even finished high school. I was born with determination to be whoever I want to be and I choose to be a teacher. My mom volunteers at various elementary schools and she loves to work with kids so I get that from her. But without my aunt raising me to be the woman that I am today, I dont think I would be writing this paper for you. So I choose nature because of my determination to be who I want to be and nurture because my aunt taught me from a young age that education is important and so I decide to make education my life.

The Role Of The Government

The Role Of The Government The unique position of government officials is that of both respect and trust. A nation will elect men and women from themselves that they respect or value their opinions. Once in office many decisions will be made that will have a profound effect on the citizens of the nation. That is why trust is so important. The people trust that the officials they have elected will hold steadfast to their morals, ideas, and ethical principles that they began with. I will examine the social and ethical obligations that the government has to its society and why societies need the government to fulfill their ethical duties. Also I will explain the optimal ethical, decision-making processes for making such determinations. The ability of the government to represent the interest of of entire population gives great power to the members of it. People rightly say that the role of government is to provide an orderly society, but it also provides an enforceable set of moral and ethical values which control the functioning of our society. Within the laws are embedded (hopefully) our cultures moral values. As members of our society we have an obligation to conform to these societal values in order to contribute to a peaceful and orderly society. It is important to understand what the governments role in a society is to understand the ethical and social obligations that it has to the people. Normally viewed as a group, or organization a government will exercise authority, controls, and administer public policy and directs control of its members. Typically, the term government refers to the civil government of a sovereign state which can be local, national, or international. However, commercial, academic, religious, or other formal organizations are also governed by internal bodies. Such bodies may be called boards of directors, managers, or governors or they may be known as the administration (as in schools) or councils of elders (as in forest). The size of governments can vary by region or purpose. Growth of an organization advances the complexity of its government, therefore small towns or small-to-medium privately operated enterprises will have fewer officials than typically larger organizations such as multinational corpo rations which tend to have multiple interlocking, hierarchical layers of administration and governance. As complexity increases and the nature of governance become more complicated, so does the need for formal policies and procedures. The expression The Public Trust when applied to governments is described as, responsibility the public places on government to care for their interests.() This implies that the members of a society expect its government to carry its self in an ethical and deliberate manner. A nineteenth century bureaucracy writer, Max Weber, discussed an ideal type bureaucracy puts forward that public servants and their institutions do not have ownership over their positions () Rather, the tax-payers of the society. Government officials are elected and appointed to pursue the objectives and goals that are most advantageous for the society. The elected officials and political appointees that are selected to work in a bureaucracy are public servants() If the public servants conduct in pursuit of the goals and objectives remains consistent with the laws and ethical guidelines set in place by the society, the public trust is being satisfied . However, if the authority that is placed into the hands of the public servants is being abused or the goals and objectives are not being met, public interest is being disappointed(). At times public resources are sometimes utilized to serve the personal interest of officials. Too often we have seen this abuse at virtually every level of government. Many in the field of public administration have questioned how we have arrived at a point where there is so much unethical, immoral, and illegal activity in government. In an era where high profile lapses by public-sector leaders in ethical and moral judgment are frequently exposed, citizens have come to expect increasingly higher standards of ethical conduct as a broad range of activities are now viewed as immoral (Bowman, 1990). Increasing awareness and changing societal values have been linked to the publics interest in ethics management (Maesschalck, 2004/5). Accordingly, citizens have become more assertive and demanding toward leaders in the public-sector showing less tolerance for leaders mist akes, shortcomings, and structural challenges. As such public leaders are generally expected to meticulously conform to standards higher than those aligned with personal morality (Lewis, 1991). Thus public leaders can often find this expectation to maintain collectively high and even idealistic levels of ethical responsibility to be quite overwhelming. In general, leaders in the public-sector are expected to maintain a level of morality and integrity which serves the interests of society while at the same time demonstrates personal responsibility, diplomacy, and truthfulness. As previously noted, the ethical role and responsibility of public officials and the ethical foundations of public administration have been viewed in a variety of ways by several scholars and practitioners. some of the primary ethical obligations and expectations which have been considered fundamental to the role of the public administrator are listed. These include: (a) demonstrating concern for the public good and representing the 14 interests of society, (b) abiding by appropriate state, federal, and constitutional laws while at the same time having respect for the procedures within the organization, (c) engaging in basic managerial and supervisory responsibilities such as oversight and planning, (d) being honest and truthful in the discharge of official in formation, (e) acting in reason, fairness, and impartiality in every situation, (f) demonstrating prudence and good judgment in decision-making, (g) providing confidence to citizenry, stakeholders, and subordinates in the abilities of the official to perform the required duties, and demonstrating intelligence and aptitude in the assigned or elected position, and (h) also providing subordinates with the adequate direction and motivational encouragement needed to perform their responsibilities. Thus given these views, many people might say that the ethical role of the public administrator can be summed up as follows: serve the public interest while being fair, honest, lawful, trustworthy, and doing the least amount harm(). Keeping the fore mentioned in mind, we can see the governments obligation to the society spans across many different areas. If it is the governments responsibility to do the least amount of harm, should create laws to stop its citizens from hurting themselves? If th e behavior can directly be linked to endangering another person then yes it is the responsibility of the government. It is understood that alcohol impairs ones judgment, so if that person were to get behind the wheel inebriated than they risk harming not only themselves but others. When people become addicted to narcotics they stop being productive members of society. Not only can they become dangerous, but they can fail to fulfill finical obligations. Thusly, it is illegal to sell, purchase, or possess controlled substances without a prescription. These actions have an immediate effect on others, but there are instances that the behavior would not affect others. For instance, in every state in America if you are caught driving without a seatbelt you can be pulled over. The government in this case has established rules to influence the society develop habits that will keep them safe. On the other hand, you can look at smoking, which is associated with lung cancer along with many oth er terminal diseases. In this case however, the government does not have laws in place that ban smoking. There are higher taxes and smoke-free areas that make it inconvenient but it is still legal. So where is the line drawn between the obligations of the government and the rights of the people? Unfortunately, the case of tobacco highlights a profound problem with special interest groups (). In the government, there are many good ways to fulfill social and ethical obligations through communication. Access, transparency, public resources, and free speech are all effective ways of achieving this. Communication encourages active participation in the political process, in other words it encourages. It is a governments ethical responsibility to ensure that every constituent has equal access to elected officials. When equal access is achieved whether it come through developing technological mediums or public forums, the whole of the populations goals can be heard. Adversely, if few people inside of a population, such as, lobbyist or affluent individuals receive more attention due to their status than goals of the society will not be met. One key principle for elected officials is never accept favors from friends or associates because it can lead to them asking for favors in return, which is inequitable to the remaining. The ability of citizens to see daily activity of the gove rnment is known as transparency. This certainly promotes a governments accountability, but also gives the members of a society a peace of mind in knowing the actions of their government. To guarantee transparency, states have laws that require meetings to be open to the public (the Brown Act in California) as well as, access to government records at no cost to the people. The obligation of the government to provide this sort of transparency is vital to effective leadership. Engagement of the public enhances effectiveness of the government; also it improves the quality of decisions. Lack of transparency in government leads to a system lacking necessary checks and balances, where officials can do what they please. Almost all of the time when public resources are utilized they should be used for public purposes. Generally speaking, public resources must be used for public purposes. Public resources are included in many things, such as, government employees time, taxpayers money, or eve n land that belongs to a community. Governments have a very strong social obligation to ensure that these resources are being utilized in an appropriate manner. In the state of South Carolina Governor Mark Sanford was charged with abusing tax-payers dollars to pursue extra-marital affairs in Argentina. Not only did this leave a black eye on the state of South Carolina there has been a severe breech of public trust between South Carolinians and the state government. and It is imperative that The National Government Ethics Survey, conducted June 25-Aug. 15, 2007, included responses from 774 federal, state and local government employees, and had a margin of error of 3.5 percent. It was the first time ERC broke out government employee responses from its larger survey of public and private sector employees, which included 3,452 in 2007. Harned said the survey found that 52 percent of government employees reported witnessing some kind of misconduct by co-workers in 2006. In addition, 23 percent said they saw or experienced abusive behavior, 21 percent witnessed safety violations and 20 percent knew someone who had lied to their colleagues or was involved in a possible conflict of interest. Most reports of misconduct involved ethical breaches, rather than legal violations, according to ERC. Government employees as a whole reported 3 percent more incidents of falsifying or altering documents and 4 percent more incidents of lying to employees than their private sector counterparts did. Harned said reporting misconduct was up 12 percent from 2005, from 58 percent to 70 percent. Eighty-nine percent of employees made their reports to an individual, rather than anonymously to a hotline, and usually approached lower-level local managers and not top officials in organizations. When one considers an ethical decision model for the government the most important thing to remember is the decision represents the people. Thusly, it is even more imperative to demonstrate prudence, justice, honesty, and temperance in the process (Ruggerio, pg 108). To assist the government in making these difficult ethical decisions, the society should be involved. To involve the people it is important to remember the communication tools that where shown earlier. First, one must recognize the ethical issue that needs to be addressed. Accordingly, questions, such as, Is there a negative consequence for a specific group of people? must be answered. The government must also consider if it is a decision of the lesser of two evils vice two positive consequences or is it simply between one good and one bad alternative. Is there a question about the legality of something? After the issue has been determined the facts need to be gathered. Only the relevant facts of the issue need to be exa mined, but all facts must be considered. Is it possible to gather more information and is the understanding of the issue well enough to make a decision? Is there any special interest in the decision or if a specific group has more at stake than that must be taken into consideration? One must understand all possible actions at this point and ensure all options have been identified. Now, one must evaluate all possible alternative actions by reviewing several approaches. What action will cause the least harm and most good? What action best supports the rights of all with interest in the decision? What action provides the most equal consequences for all? What is best for the society? What action most accurately represents the people the government represents? Once all approaches have been considered the government must make a decision. Lastly, the government will act on its decision, and view the outcome. It is important to reflect on the decision to truly understand if it turned out co rrectly and if anything should have been done differently. Only through reflection of actions can a government improve it capabilities to make more effective ethical decisions in the future.

Lies and Deceit in The Great Gatsby :: Great Gatsby Essays

Lies and Deceit in The Great Gatsby In the world people try to hide things from each other but one way or another they find out what they are hiding. In the Great Gatsby by F. Scott Fitzgerald, the secrecy and deceit practiced by Jay, Daisy, and Myrtle leads to inevitable tragedy when the truths are revealed. Jay failed to realize that if you tell a lie most of the time they tend to come to a boil and burst. For example, "My family have been prominent, well-to-do people in this Middle Western city for three generations."....pg.2 why did he have to lie when he knew that if they really got to know him they would find out the truth. Jay gave everyone the impression that he was this kind of rich-snobbish guy. Who knows why. It is not always good to lie. In Jay's case when it came down to them finding out the truth they didn't know whether he was telling the truth or lying. So it was hard for them to believe what he was saying. Daisy was another who would lie because she thought it would keep happiness. The way she lied was different from Jay. She lied to keep the person she thought was the love of her life, Tom happy. Daisy's relationship with TOm was quite unusual. Tom was having an affair with Myrtle and Daisy really wanted to be with Tom, but not really because she only did it because she thought she had to. Daisy was really in love with Jay but because she felt like she had to be in love with Tom she would make up lies to keep them together. Tom pretty much felt the same way or he thought Daisy really liked him so he didn't want to break her heart. But for them it didn't really work out well. If they would of told each other their feelings and wouldn't of held them back from each other they could of discussed their personnal situations and they might of had a nice seperation. But since they chose to keep things back from each other and lie to each other everything went terrible. For instance when the story about Jay and

342 – Support Positive Risk Taking For Individuals

Unit 4222-342 Support positive risk taking for individuals (HSC 3066) Outcome 1 Understand the importance of risk taking in everyday life : 1. Explain ways in which risk is an integral part of everyday life For many people risk is an accepted part of everyday life. Every day activities such as catching the bus, travelling on holiday, playing football, setting up home and starting a family all carry some element of risk. Risk plays a part in our health, safety, security, well-being, employment, education, daily activities, using resources and equipment and in community participation.But some adults, for example disabled people or older people, are often discouraged from taking risks. Traditionally they are not encouraged to take risks in areas such as budgeting, planning, employment and daily living skills. This may be either because of their perceived limitations or fear that they or others might be harmed. Everyone has a right to take risks and make decisions about their lives. There is a balance to be found between service user’s participation in everyday activities and your duty of care.Changes in social care and health policy mean that all adults are being actively encouraged to increase their independence by, for example, travelling independently, and by being fully involved in mainstream society through education, work and leisure. It is impossible ever to fully eliminate risk. It is however possible to minimise and prepare for risk by preventative action. To support people to live independently or to travel independently or take part in everyday activities means accepting that there are risks that cannot be avoided but can be minimised and prepared for.2. Explain why individuals may have been discouraged or prevented from taking risks.For disabled people, a move away from a medical model to a social model of disability now means that there is an emphasis on the discrimination and exclusion created by social and cultural barriers. For some services, approaches to risk have in the past been concerned with avoiding potentially harmful situations to service users and staff. People may need to take risks to achieve their aspirations but people who need su pport can be discouraged from taking risks.This may be because of their perceived limitations or because of fear that they or others might be harmed, resulting in criticism or compensation claims. A more positive approach to risk is now being developed, recognising that in addition to potentially negative characteristics, risk taking can have positive benefits for individuals, enabling them to do things which most people take for granted. Risk can be beneficial, balancing necessary levels of protection with preserving reasonable levels of choice and control.A balance has to be achieved between the wishes of those who use services and the common law duty of Care.3. Describe the links between risk-taking and responsibility, empowerment and social inclusion. Personalised care is for everyone, but some people will need more support than others to make choices about how they live their lives. Everyone has the right to personalised care and as much choice and control as possible. As the p ace on personalisation is picked up it is necessary to ensure that this includes the most vulnerable members of our society, including those who may lack capacity.With effective personalisation comes the need to manage risk for people to make decisions as safely as possible. Making risks clear and understood is crucial to empowering service users and carers, recognising people as ‘experts in their own lives’. Risk management does not mean trying to eliminate risk. It means managing risks to maximise people’s choice and control over their lives. True empowerment means that people might make decisions service providers disagree with.If the outcomes are part of the support plan and all risks have been fully discussed and understood, this can lead to real choice and control and a better quality of life for the individual. With support for positive risk taking it can help the individual to:gain self-confidence-achievement, development, new skills and knowledgedevelop skills-goals setting, new activities, supporttake an active part in their community-involvement, participation, inclusionOutcome 2Understand the importance of a positive, person-centred approach to risk assessment . explain the process of developing a positive person-centred approach to risk assessment Every opportunity contains risks – a life without risk, is a life without opportunities, often without quality and without change. Traditional methods of risk assessment are full of charts and scoring systems, but the person, their objectives, dreams and life seem to get forgotten. A person centred approach focus’ on the individuals rights to have the lifestyle that they chose, including the right to make ‘bad' decisions.It is about helping people and those who care about them, think in a positive and productive way in order to achieve the changes they want while keeping the issue of risk in its place. Risk management is finding a balance between â€Å"positive ri sk taking† based on autonomy and independence and a policy of protection for the person and the community based on minimising harm. Bates and Silberman give a list of 7 criteria that any such approach would have to fulfil, these being:Involvement of Service Users and Relatives in Risk Assessment. Positive and Informed Risk Taking.Proportionality.Contextualising Behaviour.Defensible Decision Making.A Learning Culture.Tolerable Risks. .2. explain how to apply the principles and methods of a person-centred approach to each of the different stages of the process of risk assessment Working in a personalised way and developing a positive person-centred approach means accepting there are risks that cannot be avoided but which can be prepared for.Reasonable risk is about striking a balance in empowering people with support needs to make choices ensuring that the person has all the information, tailored to their specific needs, in the appropriate format, to make their best decisions â €Å"Involvement of service users and relatives in risk assessment†: Involving the person concerned and the people that care about them most is one of the most fundamental tenets of any person centred approach.The process uses the ‘Relationship Circle' to help the person and their allies identify key people who could form the persons ‘circle of support'. This group of people is involved from the outset, in the initial gathering of information, in the framing of what the risk under discussion actually is, in thinking that generates ideas and solutions, in evaluating these solutions, in decision making around the risk, in implementing the actions and in the learning that takes place during these actions.Staff must understand what service users and others want, how they view their own risks and what responsibilities each person has in managing risks effectively. The Person Centred Approach meets this by asking for a clear picture of what the person wishes to achieve, why this is important to the person, what success would look like, a history of the risk and uses the ‘doughnut' tool and decision making agreement tools to look at staff roles and responsibilities, and at who will be responsible for different important decisions in relation to the risk. Positive and informed risk taking†: The process is built around a positive view of the person – it seeks to learn what the person's gifts and skills are, what people like and admire about them, as well as investigating what would be necessary to keep them and others safe while taking the risk. The process is based on finding creative solutions rather than simply ruling things out.Bates and Silberman argue here that quality of life should be â€Å"maximised while people and communities are kept as safe as can be reasonably expected within a free society† Thinking around what it would take to keep the person and others safe while taking the risk is a key part of the Positive and Productive Process, as is the use of the ‘Happy/Safe' grid, which looks at how much solutions would make the person happy, by meeting what is important to them, and how much they would keep them and others safe, by meeting what is important for them. One section of the process includes a question â€Å"What does the law say? enabling the process to be informed by the current law, including legislation such as the Human Rights Act. â€Å"Proportionality†: â€Å"The management of the risk must match the gravity of potential harm† Using the person centred thinking tools means flexibility. The more serious the issue, the more people and the more time can be spent considering it in greater detail. Unlike conventional risk assessment, the approach explores the consequences of NOT taking the risk, to the person, to their family, community and services, balancing these against the potential consequences of taking the risk. Contextualising Behaviour†: â€Å"wh y did the person behave in this way? At this time? In this Situation? † Part of the process involves gathering together previous information about the person, including a history of the person's experience of the risk issue from their own perspective, as well as other historical data, gleaned from a variety of sources including learning logs which look at what has worked and what has not worked in particular situations, and communication charts which explore a person's words and behaviours, seeking their meanings and considering what the best response to these messages should be.The ‘4+1 Questions' (What have we tried? what have we learned? What are we pleased about? what are we concerned about? ) help not only to gain an understanding of a person's behaviour in different contexts, but also to build a picture of what has been learned about what is the best support for that person. Defensible Decision Making†: â€Å"there is an explicit and justifiable rationale fo r the risk management decisions† Following the person centred approach generates a clear trail of written records of what has been discussed, the different perspectives, issues and solutions that have been considered, along with any legal issues, such as the human rights act or the mental health act that might affect the risk decision. The paperwork generated during the process provides a clear rationale for why the decisions that emerge during the process have been taken, and why other options have been rejected.The rationale for decision making is also more clearly expounded and recorded than in traditional risk assessment forms in common usage. â€Å"A Learning Culture† The positive and productive approach to risk has a deep emphasis within it on ongoing learning using learning and reflective tools like the learning log, the 4+1 Questions and What's Working/What's not working, and by clearly defining for staff their core duties and their zone of judgement and creativ ity in relation to the risk.If it is part of a serious and concerted attempt by services to change their philosophy and practice in a person centred direction, it can contribute significantly to building a learning culture within organisations. â€Å"Tolerable Risks† A key aspect of the Person Centred Approach is that it uses creative thinking techniques around methods to mitigate the risk and improve quality of life, moving from situations which make the person happy but unsafe, to where they and the community are safer, and from strategies where the person is ‘safe but unhappy', to where they can be happier.Experience of using the process is that it enables participants to take a more balanced and rational approach to risk, finding ways to enable the person to achieve what is important to them while considering what keeps that person and the community safe in a way that makes sense for that individual. 3. explain how a service focused approach to risk assessment would differ from a person centred approach A risk assessment can only identify the probability of harm, assess the impact of it on the individuals, and pose intervention strategies which may diminish the risk or reduce the harm.Assessments cannot prevent risk. Risk is a normal and often beneficial part of everyday life, but while it enables learning and understanding, in the case of potentially destructive consequences it may need to be monitored and restricted. Traditional methods of risk assessment are full of charts and scoring systems, but the person, their objectives, dreams and life seem to get lost somewhere in the pages of tick boxes and statistics. A service focused approach seeks to avoid all risks as far as possible.Staff would be expected to behave and act in a synchronised way with regards risk, not taking into account the individuals wishes. It has no flexibility and is not a responsive approach to meet peoples` changing circumstances. A service centred approach to risk as sessment would be guided by a standard procedure and can compromise individuals rights to make choices and take risks. Often concerns about minimising and attempting to eliminate risks are in the interests of the organisation, but not necessarily in the interests of the person they are attempting to support.A person centred approach seeks to focus on people's rights to have the lifestyle that they chose, including the right to make ‘bad' decisions. Person centred planning, requires that staff have a flexible and responsive approach to meet peoples` changing circumstances, guided by the principles of good planning rather than a standard procedure. Staff need to be constantly problem solving in partnership with the person and their family and friends. Person centred planning seeks to develop a better, shared understanding of the person and her situation.A person centred approach to risk taking will find the balance between what is important to the person, their aspirations and t he supports that they require. 4. identify the consequences for individuals of a service focused approach to risk-assessment. Risk is a normal and often beneficial part of everyday life. Risk taking can have positive benefits for individuals, enabling them to do things which most people take for granted. While risk taking enables learning and understanding, in the case of potentially destructive consequences, it may need to be monitored and restricted.The problem with a service focused approach to risk assessment, is it reduces an individual’s independence and can reduce the positive benefits for the individual. A service focused approach to risk taking tends to have a negative focus on what the individual is not able to do or what they cannot achieve and has a limited outlook on identifying the benefits of positive, person-centred risk assessment. It does not empower the individual or encourage independence.Outcome 3Understand the legal and policy framework underpinning an i ndividual’s right to make decisions and take risks . explain how legislation, national and local policies and guidance provide a framework for decision making which can support an individual to have control over their own lives There are many Legislation and policies which promote the human rights of individuals which support the individual’s right to make their own decisions and to take risks. Some are as follows: The Equality Act 2010 is the law which bans unfair treatment and helps achieve equal opportunities in the workplace and in wider society.The act replaced previous anti-discrimination laws with a single act to make the law simpler and to remove inconsistencies. This makes the law easier for people to understand and comply with. The  act also strengthened protection in some situations. The  act covers nine protected characteristics, which cannot be used as a reason to treat people unfairly. Every person has one or more of the protected characteristics, so the  act protects everyone against unfair treatment. They protected characteristics  are:Age Disabilitygender reassignmentmarriage and civil partnershippregnancy and maternityracereligion or beliefsexsexual orientationHuman Rights Act 1998 – The Human Rights Act means that residents of the United Kingdom will now be able to seek help from the courts if they believe that their human rights have been infringed. It is likely that anyone working within health and social care will be working within the provision of the Human Rights Act, which guarantees the following rights:The Right to life The right to freedom from torture and inhuman or degrading punishmentThe right to freedom from slavery, servitude and forced or compulsory labourThe right to liberty and security of personThe right to a fair and public trial within a reasonable timeThe right to freedom from retrospective criminal law and no punishment without lawThe right to respect for private and family life, home and co rrespondenceThe right to freedom of thought, conscience and religionThe right to freedom of expressionThe right to freedom of assembly and associationThe right to marry and found a familyThe prohibition of discrimination in the enjoyment of convention rightsThe right to peaceful enjoyment of possessions and protection of propertyThe right to access to an educationThe right to free electionsThe right not to be subjected to the death penaltyMental Capacity Act 2005 – The MCA applies to England and Wales. The primary purpose of the MCA is to promote and safeguard decision-making within a legal framework.It does this in two ways:By empowering people to make decisions for themselves wherever possible and by protecting people who lack capacity by providing a flexible framework that places individuals at the heart of the decision making processBy allowing people to plan ahead for a time in the future when they might lack the capacity for any number of reasons Mental Capacity and Dep rivation of Liberty Safeguards 2005.  The safeguards provide a framework for approving the deprivation of liberty for people who lack the capacity to consent to treatment or care in either a hospital or are home that, in their own best interests, can only be provided in circumstances that amount to a deprivation of liberty. The safeguards legislation contains detailed requirements about when and how deprivation of liberty may be authorised. It provides for an assessment process that must be undertaken before deprivation of liberty may be authorised and detailed arrangements for renewing and challenging the authorisation of deprivation of liberty. The Code of Practice contains guidance on the deprivation of liberty safeguards.It is particularly intended to provide guidance for professionals involved in administering and delivering the safeguards, who are under a duty to have regard to the Code. The Code is also intended to provide information for people who are, or could become, su bject to the deprivation of liberty safeguards, and for their families, friends and carers, as well as for anyone who believes that someone is being deprived of their liberty unlawfully. Mental Health Act 2007 – amends the Mental Health Act 1983 and the Mental Capacity Act 2005.It introduces significant changes which include:Introduction of Supervised Community Treatment. This new power replaces supervised discharge with a power to return the patient to hospital, where the person may be forcibly medicated, if the medication regime is not being complied with in the community.Redefining professional roles: broadening the range of mental health professionals who can be responsible for the treatment of patients without their consent.Nearest relative: making it possible for some patients to appoint a civil partner as nearest relative. Definition of mental disorder: introduce a new definition of mental disorder throughout the Act, abolishing previous categoriesCriteria for Involunt ary commitment: introduce a requirement that someone cannot be detained for treatment unless appropriate treatment is available and remove the treatability test.Mental Health Review Tribunal (MHRT): improve patient safeguards by taking an order-making power which will allow the current time limit to be varied and for automatic referral by hospital managers to the MHRT. Introduction of independent mental health advocates (IMHAs) for ‘qualifying patients'.Electroconvulsive Therapy may not be given to a patient who has capacity to refuse consent to it, and may only be given to an incapacitated patient where it does not conflict with any advance directive, decision of a donee or deputy or decision of the Court of Protection. Safeguarding Vulnerable Groups Act 2006 – is in response to the Bichard Inquiry 2005, into the failings around the Ian Huntley case.The SVG act is intended to prevent unsuitable people from working with vulnerable people and to reform current vetting an d barring practices. The act sets out a legal framework for the Independent Safeguarding Authority (ISA) scheme which was to be introduced in 2009 (but is currently under review as a result of the 2010 General Election). Valuing People (Department of Health, 2001) – was the first Government White Paper on learning disabilities in England for 30 years.It stresses the important role that Person Centred Planning can play in helping people with learning difficulties take charge of their own lives. The Guidance (Department of Health, 2002) stressed that Person Centred Planning is not a professional activity done to people; instead people themselves and their friends, families or other allies, must lead it. However, professional services still have an enormous role to play in responding in a more person centred way to people with learning difficulties. For 2009 -10 the key priorities include: to ensure that the Personalisation agenda is embedded within all local authority services and developments for people with learning disabilities and their family carers, and is underpinned by person centred planning. † ‘Valuing People Now', is the ‘refresh' of this white paper in 2009 and is a new three-year strategy for people with learning disabilities (2009), DH and clearly state that good person centred planning should be happening, and will lead to better lives for people.Putting People First – â€Å"A shared vision and commitment to the transformation of Adult Social Care (2007), Department of Health. † In the UK the government policy ‘Putting People First' stated that person centred planning must become mainstream. Putting People First recognises that person-centred planning and self-directed support are central to delivering personalisation and maximising choice and control. In 2010 guidance was issued to help councils use person centred thinking and planning to deliver the personalisation agenda.Putting People First is a pub lic service reform programme, which is co-produced, co-developed and will be co-evaluated. It recognises that to achieve real change, users and carers must participate at every stage. This marks a change in status of people who use services, from ‘consumers’ to ‘co-producers’. set out four areas on which councils and their partners should focus in order to personalise services. These areas are: universal services – transport, leisure, health, education, housing and access to information and advice; * choice and control – shaping services to meet people’s needs, rather than shaping people to fit in with the services on offer; * social capital – care and support that individuals and their carers can get from their local community (friends, family, neighbours or community groups); and * early intervention and prevention – support that is available for people who need help to stay independent for as long as possible, to keep t heir home or garden tidy, or to start taking regular exercise. 2. escribe how a human rights based approach supports an individual to make decisions and take risks. A human rights based approach (HRBA) to risk management means ensuring individuals know their rights and are being supported to participate in making choices and decisions. A human rights based approach to risk assessment balances the human rights of service users, their carers, and members of their communities. This is so risks can be managed more positively. A HRBA looks at risk through a ‘Human Rights’ lens, identifies relevant equality and diversity issues, and maximises service user participation and empowerment.A human rights based approach to risk, means ensuring service users are as involved as they can possibly be in their own risk assessment process. Whether the service user participates fully or contributes to a small aspect of their risk assessment, some involvement will almost always be possible . The ways in which you possibly apply this in your work practice is through things such as advocacy, direct payments, personalised services, person centred planning and support planning. Outcome 4 Be able to support individuals to make decisions about risks 1. upport an individual to recognise potential risk in different areas of their life 2. support the individual to balance choices with their own and others’ health, safety and Wellbeing Positive risk taking is a process which starts with the identification of potential benefit or harm. The desired outcome is to encourage and support people in positive risk taking to achieve personal change or growth. The individuals could face risks in many different areas of their life including, risks relating to their health, their social life and also their finances and it is important to support the individual to recognise those potential risks.The risk assessment looks at four areas of risk; risks to self, risks to others and risks from other and risks to property. Within each area of risk, common risk issues and difficulties (for example self harm, physical aggression, abuse issues) are itemised. It is also important that the individual realises that although they have a right to take risks they also have a responsibility towards themselves and others, including:ColleaguesFamilies or carersFriendsOther professionalsMembers of the publicAdvocatesAnd it is important that whilst maximising their quality of life they also need to maintain their safety, responsibilities to themselves and others for social emotional and physical reasons. Supporting an individual to recognise potential risks whilst balancing the choices with their own and others health, safety and well-being involves:Empowering people to access opportunities and take worthwhile chances.Understanding the person’s perspective of what they will gain from taking risks and understanding what they will lose if they are prevented from taking the ris k. Ensuring the individual understanding the consequences of different actions – An informed choice means that a person has the information and support to think the choice through and to understand what the reasonably expected consequences may be of making that choice.Helping the individual to make decisions based on all the choices available and accurate information – It is important to remember that too much information can be oppressive and individuals have differing needs in relation to how information is presented to them.Being positive about risk taking. Understanding a person’s strengths and finding creative ways for people to be able to do things rather than ruling them out.Knowing what has worked or not in the past and where problems have arisen, understanding whysupporting people who use services to learn from their experiences.ensuring support and advocacy is availablesometimes supporting short term risks for long-term gains.ensuring that services pro vided promote independence not dependenceassuming that people can make their own decisions (in line with the Mental Capacity Act) and supporting people to do so working in partnership with adults who use services, family carers and advocates and recognise their different perspectives and viewsdeveloping an understanding of the responsibilities of each partypromoting trusting working relationships. 3. describe how own values, belief systems and experiences may affect working practice when supporting an individual to take risks Giving people who use services choice and control over the care they receive is important if personalisation is to become a reality.The responsibility for encouraging  risk-taking can make you feel they are being put in a difficult position trying to balance personalisation with your own values and beliefs and also your duty to keep people safe. Because of your own past experiences you may feel that the risks involved, will result in problems, but you should not let this interfere with the individual’s desires. Because you had a bad experience following a course of action does not necessarily mean this will happen to others. An example could be an individual wanting to join a ‘lonely hearts’ club.Your own thought may be negative towards this course of action, possibly because you have personally had a bad experience or possibly because you feel this is not the best way to meet people. Your beliefs and experiences should not cloud the issue. It is important that you feel confident and equipped to support people you are caring for to assess and evaluate their own risks. Advice is readily available when facing difficult cases in the form of risk enablement panels, which can share responsibility for making complex decisions when signing off a person's support plan.The panel would usually involve the individual or any advocates or carers representing them; members of the local safeguarding adults board; the allocated soci al worker; and specialists such as a psychiatrist.4. record all discussions and decisions made relating to supporting the individual to take risks. It is important to ensure that any discussions and decisions made relating to supporting the individual to take risks or concerning risks, are recorded in their support plan. Records will need to be understandable to all the members of the team.The aim of record keeping is to ensure that the right people have the right information to provide the best care for the service user and they also provide a record of what you and the individual have discussed and decided with regards risk taking. The records should also record any incidents which have taken place. The reason for keeping the records are:To show that you have offered the individual choicesTo show that you have agreed the desired outcomesTo show that the individual has given their consent.This is important for two very important reasons: Responsibility – The records will ind icate who is responsible for what parts of the plan, this avoids confusion as everyone is clear of what their responsibilities are (Responsibility (for) can be defined as a set of tasks or functions that an employer, professional body, court of law or some other recognised body can legitimately demand. ) Accountability – means the person is contractually accountable to their employer and also accountable to the law, for any actions or ommissions in their practice and must always be able to justify their decisions.When work is being either distributed or delegated, the individual who carries it out needs to be competent to do so. Competence is an individual’s ability to effectively apply knowledge, understanding, skills and values within a designated scope of practice. (Accountability describes the mechanism by which failure to exercise responsibility may produce sanctions such as warnings, disciplining, suspension, criminal prosecution, or deregistration from professio nal status. It can be called ‘answerability’).Where a professional or organisation makes a decision not to support an individual to pursue a particular decision or course of action, they must be able to explain this and demonstrate that they have thought through and discussed in a balanced and proportional way the potential consequences of refusing to support the risk Where the individual is able to make an informed choice and still wishes to pursue a high risk decision or choice, having a signed risk assessment is one way of showing that they are aware of the risks and are willing to take them.This provides organisations and professionals with a significant degree of protection for their support of the decision should things go wrong.Outcome 5Be able to support individuals to take risks 1. complete a risk assessment with an individual following agreed ways of working Risk assessment is the activity of collecting information through observation, communication and invest igation.It is an ongoing process that involves considerable persistence and skill to assemble and manage relevant information in ways that become meaningful for the users of services (and significant other people) as well as the practitioners involved in delivering services and support. To be effective it needs disabled adults and older people, their families, carers, advocates and practitioners to interact and talk to each other about decisions that have been taken and their appropriateness in the light of experience.Where a risk assessment is needed, a decision then has to be taken about whether or not positive risk-taking is necessary to achieve certain outcomes for the person concerned. It will not always be appropriate to take positive risks but this has to be determined in partnership with the person affected, and their family where appropriate. It is a professional judgement that should not be influenced by an overly cautious approach to risk. At the same time though, positiv e risk-taking is not negligent ignorance of the potential risks – nobody benefits from allowing risks to play their course through to disaster. . communicate the content of the risk assessment to others It is important to communicate and work in a consistent way with all those supporting the individual. Information gathering and sharing is important. It is not just an essential part of risk assessment and management, but also key to identifying a risk in the first place. It is important to communicate the content of the risk assessment to all relevant staff. It will also be important to discuss and explain the risk assessment with the individual’s carer and family.The individual’s goals and targets should be discussed with all concerned, to aid understanding regards the risk assessment and to ensure all those involved are aware of the desired outcomes. However, the use and sharing of information must respect the principles outlined in the Data Protections Act 19 98.3. support the individual to take the risk for which the assessment has been completed Once the support plan has been completed and the risks defined it is important to support the individual to take the risks. This may involve discussing the risk assessment in depth with the individual’s family.The individual’s desired outcomes could conflict with those of carers, especially when the latter placed more emphasis on safety while the individual was prepared to accept a greater level of risk in order to maintain independence. Differences in attitudes to risk had to be tackled through ‘good social work’, to reinforce the individual’s preferences while helping the family to distinguish between unconventional and dangerous behaviours. Another way of supporting the individual to take the risk in the first instance, could involve a trial run.An example could be where the individual wants to make an independent trip in to town using public transport.On th e first trip you could accompany the individual on each step of the journey.On the second trip, you could accompany them to the town and then arrange to meet with them later in the day.On the third trip, you may just accompany them to the bus stop. Gradually you can reduce the amount of support you provide. Another method of support could be to have a contingency plan in case things don’t quite go according to plan.If we look again at the last scenario, what would happen if the individual missed the last bus home? By ensuring they have a pre-arranged telephone number of their next of kin or carer they can make them aware of the problem. Alternatively they may have the telephone number of the local mini cab office who would bring them home as an alternative. It is also important that the individual knows what to do if things do go wrong. You can support them to take risks by ensuring they have clear information and advice about what to do if they have any concerns.For example they should be aware of and be able to recognise and identify abuse or neglect and know where and how they should seek help if necessary. Your support doesn’t end once the risk assessment has been carried out. 4. review and revise the risk assessment with the individual After each risk assessment has been agreed it is important that it is monitored and reviewed in case any revisions are necessary. Risks may change as circumstances change, so they should be reviewed regularly. An assessment is a snapshot, whereas a risk assessment is an ongoing thing.Risk assessments should be reviewed periodically and whenever circumstances change to ensure they remain current. At the time the risk assessment is made it should include the signatures of everyone involved in the assessment and a review date should be identified. It is important to review and revise risk assessments so that the success of the positive risk taking can be assessed and any necessary adjustments can be made. It may be necessary for the individual to have access to further resources to enhance the plan or adaptations could be made to help the individual meet their planned outcomes.When positive risk-taking has a negative consequence, it is necessary to identify what has gone wrong and how the assessment and management of the risk contributed to this. Inevitably if we are supporting individuals to have more choice and control in their lives through positive approaches to managing risk, things are likely to go wrong from time to time. If this happens and the risk taken results in a negative outcome for the individual, there is no doubt that the risk taking process will come under scrutiny and the way in which this process worked to minimise the foreseeable risks will be considered.If the risks taken do not meet the planned outcomes for the individual then they may have to be reviewed and revised. 5. evaluate with the individual how taking the identified risk has contributed to their well-being. W ell-being describes the way we think and feel about ourselves and others, our confidence, and our ability to control things in our life. We all need to protect our wellbeing and this can be done by taking part in physical activity and having opportunities for relaxation and social activities. These can increase our resilience to cope with life's difficulties and ability to enjoy life.You will need to evaluate, with the individual, how taking the identified risks has contributed to their well-being and quality of life. This will involve looking at the positive and the negative consequences and outcomes of their choices. Has taking the risks met the individual’s needs and achieved their desired outcomes. Taking the identified risks should result in the individual feeling empowered and having greater independence, control and a sense of ‘normality’ about their lives. By supporting an individual to take positive risks, it can help them to evaluate alternative courses of action and can build confidence.The experience of failure, as a result of risk taking in a safe environment, can help to build resilience to setbacks and help individual’s to manage risk better in the future.Outcome 6Understand duty of care in relation to supporting positive risk-taking 1. explain how the principle of duty of care can be maintained while supporting individuals to take risks Ultimately, you have a statutory duty of care and a responsibility not to agree to a support plan if there are serious concerns that it will not meet an individual’s needs or if it places an individual in a dangerous situation.Whilst an individual can choose voluntarily to live with a level of risk and is entitled to do so (with the law treating that person as having consented to the risk) the local authority is not obliged to fund it. There is an important distinction between putting people at risk and enabling them to choose to take reasonable risks. Inevitably if we are suppo rting individuals to have more choice and control in their lives through positive risk taking, things may go wrong from time to time.A defensible decision is one where those involved in the risk assessing process:Used reliable assessment methodsActed responsibly in relation to their duty of careWere not negligentAssessed and took steps to manage and minimise foreseeable risksRecorded decisions and subsequently checked they were carried outFollowed policies, procedures and guidanceInvolved the person and other relevant people in the processSupported people to make informed decisionsIdentification of positive and negative risksInvolvement of people who use services and those who are important to them – this includes people who form the individual's informal ‘circle of support', who are involved from the beginning to gather information, define what the risks are from the individual's point of view and to discuss ways to enable and manage these risks.   Positive and infor med risk-taking – this is built on a strengths-based approach to the person and looks at creative ways for people to be able to do things rather than ruling them out. Proportionality – this means that the time and effort spent on managing a risk should match the severity of that risk.The approach should also explore the consequence of not taking the risk in question, such as loss of autonomy or restriction of choice. Contextualising behaviour – this means knowing about the person's history and social environment, their previous experience of risk, what has and has not worked in previous situations.   Defensible decision making – this means recording a clear rationale for all the decisions made and the discussions that led to the decisions, including reference to relevant legislation such as the Mental Capacity Act or the Human Rights Act. A learning culture – this require a commitment to ongoing learning and the use of reflective practice for peo ple working at the frontline. Tolerable risks – this involves negotiating and balancing issues of risk and safety to identify what is acceptable for everyone concerned (the individual and others including the community) on a case by case basis.2. describe what action to take if an individual decides to take an unplanned risk that places him/herself or others in immediate or imminent danger. Imminent danger† refers to any danger or dangerous condition that would not normally take place. If you think an individual is about to take an unplanned risk which will place them or others in immediate or imminent danger it is important to take appropriate corrective and preventative action and stop the activity immediately. An individual who is injuring himself/herself or is threatening physical harm to others may be restrained in an emergency to safeguard the individual and others. Risk assessments should include contingency measures that address risks arising from unplanned even ts.Physical intervention is:  Ã¢â‚¬Å"A method of responding to the challenging behaviour of people with a learning disability and/or autism, which involves some degree of direct physical force. † Physical intervention may be the only course of action. Staff should be equipped with a range of skills to deal with and de-escalate potentially violent situations, as well as a range of restraint techniques that will allow for use of the minimum level of force possible. Physical intervention is only used in response to challenging behaviour and to restrict the movement and mobility of the person concerned.

Pros and Cons of Partnership as a Form of Ownership Essay Essay Example

Pros and Cons of Partnership as a Form of Ownership Essay Essay Example Pros and Cons of Partnership as a Form of Ownership Essay Essay Pros and Cons of Partnership as a Form of Ownership Essay Essay Essay Topic: Pros and Cons Q. 1 Identify the pros and cons of the partnership as a signifier of ownership? A partnership is formed when two or more people engage in a concern activity and portion investing. net income and loss. Just like any other signifier of ownership. it has its advantages and disadvantages. Following we discuss some of the pros and cons of a partnership. Professionals of the Partnership ( 1 ) Ease of Formation: Partnership is relatively simple to organize. All you need to organize a partnership is an understanding. A verbal understanding is adequate to get down a partnership nevertheless it is much recommended that partnership be formed based on a written legal partnership understanding. ( 2 ) Support: Partnerships by and large have a low startup cost. With two or more people puting capital in the company. the concern will hold a much stronger fiscal land. Two or more people can besides hold better entree to outside financess needed to run the concern ( 3 ) Divided Duty: In a partnership duties of running a concern are shared by the proprietors. Shared responsibilities ease the work burden on persons and can besides increase productiveness by dividing duties in a manner that persons can utilize their particular accomplishments to maximise the end product. ( 4 ) Support: Owning and running a concern can be really demanding. disputing and nerve-racking. Having a concern spouse can give you a small peace of head because a spouse can supply moral support when needed. ( 5 ) Tax: The income profit/loss in a partnership flows through the concern to single spouses for revenue enhancement. In other words the spouses are taxed merely on the BASIC of personal income i-e how much loss or net income a spouse endured. Cons of Partnership: ( 1 ) Liability: In a partnership both spouses have un-limited liability ( non in LP and LLP ) . Both spouses are responsible for non merely their ain actions but besides the actions of their spouses. So. if your spouse fails to pay a debt. you personally are responsible for paying that debt and frailty versa. If person sues the partnership and the concern doesn’t have adequate money to cover the disbursals than the spouses personal assets will be at interest. ( 2 ) Conflicts and Disagreements: Partnerships are for the long term and over the class of clip struggles arise and disagreement happens. Whether these are personal or direction manner struggles. They can adversely impact the concern. When general spouses don’t agree it can detain the determination devising clip of the company and a bad struggle is adequate to fade out a partnership. ( 3 ) Dependence on Spouses: The success of any partnership depends to a great extent on part from all spouses. If a spouse withdraws the concern will be crippled. if a spouse dies the partnership can decease with him. Furthermore you can’t do any concern determination on your ain you’re dependant on your spouse. ( 4 ) Trouble Withdrawing: It is non that easy to acquire out of a partnership. Whoever needs to retreat will be personally apt for any pecuniary duties due at the clip of withdrawl. Q. 2 Discuss support options for little concern? In order to run a concern you need capital. Geting the money together to get down a new concern is the top precedence of any enterpriser. There are several ways to finance a little concern. Following are some options for financing a little concern. ( 1 ) Personal Resources: Using your ain assets is the most common signifier of little concern funding. You can utilize money from your salvaging. inquire household or friends for capital or utilize a recognition card. ( 2 ) Loans: In order to startup a new concern. enterpriser borrows money from the Bankss. The Bankss charge an involvement rate on the money Lent. The concern proprietor must pay the original money borrowed plus the accrued involvement over the life of the loan. In today’s economic system it is non easy to procure a commercial loan with the bank. A better and easier manner for a new concern to acquire a bank loan is with loan warrant from the SBA. ( 3 ) Angels Investors: Another manner to fund a little concern is by private investors. Angel Investors are persons who have a batch of money and are looking to put a big sum into a profitable concern for fiscal addition and net incomes. ( 4 ) Venture Capital: The companies who fund promising and high potency companies in exchange for ownership portions are known as venture capital houses. Venture capital is the money provided by venture capital houses to startup concerns that are perceived to hold a long term growing potency. It has a high hazard for investor but besides has possible for above mean net income returns. 3. Determine and discourse how managerial accounting can assist directors with merchandise costing. incremental analysis and budgeting? Managerial accounting provides accounting information needed by directors inside an organisation to run its twenty-four hours to twenty-four hours operations. It provides directors with fiscal information’s needed to do sound concern determinations. Managerial accounting information includes budgeting. merchandise costing. public presentation studies. discrepancy analysis and fiscal ratios. Following we look at three managerial responsibilities that rely on information received from managerial accounting: ( 1 ) Merchandise Costing: Merchandise costing is the procedure of accurately find the cost of a individual merchandise. by analysing all the disbursals that accrued from the beginning ( natural stuff ) to the terminal ( sale ) . In traditional costing method indirect costs are applied to merchandises. based on an overhead rate that is predetermined. The traditional costing system is easier and much simpler but fails to add the cost of non-manufacturing goods that are associated with the production of that point. ( 2 ) Activity Based Costing: Activity Based Costing is a new method in bing. It’s much more complicated that the traditional costing system. ABC gives a much more accurate merchandise cost. Under activity based accounting associated with production of an point is determined and priced. This priced activity is than assigned to every merchandise that requires the monetary values activity for production. Managerial accounting provides directors with the fiscal information needed to find the cost of a manufactured merchandise. ( 3 ) Incremental Analysis: Incremental Analysis is a determination doing tool. It is used for the analysis of fiscal information needed to do an informed determination. In incremental analysis two different options are weighed out in footings of cost/profit and the impact of the result of this analysis will hold on a peculiar determination. It fundamentally points our related cost and gross of each option and the impact this option will hold on future income. After utilizing incremental analysis and taking one option over the other. The cost alteration that occurs due to taking the option is called incremental cost. Managerial accounting provides us with the Numberss needed to compare two different options. pick the right one and analyse the difference in cost. Budgeting: It helps directors program and control costs and grosss. Budgeting is a tool for directors to find how much money demands to be spent in order to bring forth a certain degree of income. Budgeting in simple footings can be called prediction ; in budgeting we prepare a really elaborate statement of fiscal consequences that are likely to go on in a clip period to come. Companies use budget to be after for a future period based on fiscal statements. Managerial accounting provides directors with the fiscal statement for budgeting. Q4. Discuss the basic constituents of the selling procedure utilizing the merchandise or service of your pick as an illustration? Marketing scheme can be described as an activity to place a merchandise. attract clients while advancing the involvement of stakeholders in a concern. Selling makes it possible to pass on the value of a merchandise or service to consumers. Following the basic constituents of marketing procedure is explained briefly utilizing unreal jewellery as a merchandise. ( 1 ) Merchandise Scheme: Methodologies. tools and engineering used by a concern to distinguish and separate its merchandise from its rivals. is called merchandise scheme. In footings of unreal jewellery my scheme would be to depict my merchandise in full item including where it was made. who it was designed by and what metals were used in its formation. I would besides put my merchandise apart by taking appealing packaging and I would endorse the quality of my merchandise by giving warrants. And above all I would supply model merchandise designs and first-class client service. ( 2 ) Pricing Scheme: Pricing Strategy is really of import in selling because it generates a turnover for the company and it’s besides of import because it affects other constituents of selling as good. In footings of unreal jewellery foremost I would make a thorough research on competition monetary values. than I would cipher my concluding cost and choose a pricing aim. I would compare my sale monetary value with that of my rivals. and do certain that my monetary value is lower than the rivals and value of my merchandise is higher than the competition. Initially. I would maintain my profitableness low and will seek to construct clientele base by supplying unbeatable monetary values. ( 3 ) Distribution Scheme: Distribution plays a really of import function in marketing scheme. It involves how good the concluding merchandise is delivered to the consumer. The merchandise must be delivered to the terminal user in the right measure. at the right day of the month and clip. In footings of unreal jewellery most of my gross revenues will be distributed at shows and festivals organized by different entities and a major portion of my gross revenues is besides traveling to be web based. I will reach different transporting companies to happen out the best messenger in footings of monetary value and value. And ship my jewellery through the best medium. at minimal sum of tie. ( 4 ) Promotion Scheme: Promotion Strategy is besides critical portion of selling. A publicity scheme includes all the ways used by companies to supply information about their merchandise in such a manner that it would finally increase the company’s sale. In footings of unreal jewellery I would offer some kind of voucher and publicize my price reduction. Offer free transportation ( when possible ) . keep client dealingss and send out promotional information to bing clients. Q. 5 Discuss the function of societal duty and engineering in the selling map. Social Responsibility in Selling: Being socially responsible for an organisation means that it cares and shows concerns about the people and environment in which they conduct concern. Selling can be described as publicity. merchandising and distribution of a merchandise. Social duties in selling would first of all include truth stating about their merchandise. all the information about the merchandise should be correct and up to day of the month. Companies should be concerned about their environment and take stairss to do a cleaner. Companies should besides demo support for societal causes in selling. Company should market their merchandise in a manner that it doesn’t offend any group of people. Technology in Selling: The technological roar in the past old ages had decidedly revolutionized selling. The cyberspace has created legion selling chances for concerns. Now yearss there are legion selling houses that work entirely on the cyberspace. At first wireless changed selling. than Television and now it’s the age of manus held devices and cyberspace. Sellers now yearss know that changeless technological progresss require development in the selling procedure. With technological progresss it’s much simpler and quicker to acquire client feedback. It is much simpler to present the merchandise to the client and to make market research and keep your trade name repute. Technology had had a great impact on selling.