Marketing Planning Is A Logical Sequence Of Events Marketing Essay

Marketing Planning Is A Logical Sequence Of Events Marketing Essay Marketing planning is a logical sequence of events leading to the setting of marketing objectives and a formulation of plans for achieving them. The complexity of marketing planning means that when organizations embark on it, they should expect to encounter a number of organizational, attitudinal, process and cognitive problems. First we have generally explained the process of and techniques used for auditing the marketing environment. Then we have carried out the Swot and Pest analysis of our selected organization CHIEF. Chief is a Pakistani owned fast food company that is committed to providing innovative products that are consumer and lifestyle focused. Chief Burger offers a wide and varied menu to customers specializing in quality burger chicken products. We have also generally discussed different internal and external barriers to marketing planning and make suggestion that how CHIEF may overcome these barriers to marketing planning. We have briefly discussed that according to w hich techniques CHIEF should audit the marketing environment. We have also discussed other possible marketing barriers which CHIEF may undertake and give suggestions to deal with these barriers. Finally we have evaluated the current auditing marketing technique which CHIEF is practicing against the defined process and on these analysis, recommended some suggestions to CHIEF that may better overcome the threats and avail opportunities in the environment. P1: Explain the processes and techniques used for auditing the marketing environments. Environmental Audit   Background Companies conduct environmental audits to obtain accurate comprehensive and meaningful information for the company through which companys management can make important decisions and make new strategies. A companys management decisions are heavily based on environmental audit.    Planning an Environmental Audit   Companies must have a clear idea of their objectives before conducting an environmental audit. Before conducting the audit they should also take full commitments from directorate level and should then communicate it to personnel at all levels.  Ã‚   PROCESS OF MARKETING AUDIT Basically there are following four steps involved in the process of marketing audit. A: Selecting the Auditor: in this stage of marketing audit the decision is taken about the auditor that who will conduct the overall process of auditing. Usually an experienced outside party is hired for this purpose.   B: Deciding the Areas of Audit: the second step is deciding the areas of audit. In these step objectives goals and mainly scope and breadth of the audit are decided. C: Identifying and Collecting Data: in this step the auditors usually identifies and categorizes the sources of data thus using these sources further data is collected. D: Report Preparing and Presentation: the last step involves the preparing of data. After it is completed and thoroughly checked it is further provided and presented to the client. The process of marketing audit is very broad and extensive in nature in a way that it includes almost all marketing related aspects. It basically includes marketing environment marketing strategy marketing organization marketing systems marketing mix, marketing productivity and profitability. Kotlers and Armstrong, 2008 Marketing environment is very wide in nature. Basically it includes microenvironment and macro environment. So for the auditing purpose different tools are used which may include SWOT analysis STEEPLED analysis and Five Forces Analyses etc. There are also several other purposes and benefits of marketing audit. A number of these are stated as under: Determination of Work Process: one of the main purposes of marketing audit is that it is very beneficial in determining the working process. It determines and evaluates that what the company or firm is currently doing and assesses its history of work that what it has done in its past? Future Recommendations: marketing audits center of attention is its future recommendations for the firm. It bases its research for this purpose and accordingly provides useful recommendation for the future mechanisms. Thus it is not only useful for historical or current processes but it is also used for following sessions of business. Opportunity Hunting and exploiting them: likewise marketing audit it also pretty useful in hunting the opportunities that the firm can exploit. Thus different opportunities can be availed with proper handling. Similarly it can also identify the source to be used for availing those opportunities.   Weakness Eradicator: Nipping the evil in the buds would not be wrong if referred with marketing audit. Marketing audit not only helps in eliminating the current weaknesses but is also helpful in recognizing the weaknesses that the firm can face in future. Thus with the help of marketing audit proper plans can be set up for eradicating both the current and future weaknesses. Enhancement in Marketing Planning: marketing audit also plays a pivotal role in enhancing the marketing plan. It brings improvement in the marketing plan of a firm as required which results in making the firm more successful and thus it can work more efficiently and effectively. Similarly marketing audit is also very significant because: Marketing audit is really helpful in improving marketing efficiency and effectiveness. Moreover it brings proper awareness throughout the firm about its environment. It supports building of internal relationship in the firm. Similarly it is helpful in identifying ill-used marketing resources and thus preparing a proper plan for their favorable use. It is used for prognosis and diagnosis purpose, similarly for preventive and curative purposes. It also identifies several areas of accomplishment and the foreseeable challenges that are found in an organization which are a cause of affecting return on investment (ROI).  Ã‚   In short marketing audit provides a snapshot of the whole marketing process of an organization Internal Environmental Audit Following are some of the internal environmental factors which affect the organizations. Customers The customers of the organization are the micro environmental factor that affects the business environment. The customer is the king in this era and the organization has to create strategies  Ã‚   keeping in mind the customers. The cash and loss that are made by the organization are on the basis of customers.  Ã‚   Employees Employees are the main tools of a company. A capable and efficient staff of an organization gets edge over its rival. The staff of an organization will work efficiently if they are motivated so the employees must be motivated in order to create and maintain quality of the organizations products or services. Suppliers Suppliers also affect the organization environment. A bad quality of supply can degrade the quality of product that the company is providing. A good contact with supplier is important in order to receive raw materials at time and at right cost with best quality. Shareholders Shareholders are the important stakeholders of large companies. These are the significant parties as they can have an effect on the organization in many ways. For example: the shareholders can sue the company on wrongful acts. The organization must take shareholders in account because such parties can push the public limited company to a private limited company like PTCL.   Media The organization must take media into account while auditing the environmental factors of the organization. Wrong steps or statements taken and spoken by the organization can put itself into a situation. Bad publicity can be spread by the media. Sometime the media comes handy for the organization by promoting its products etc.   Competitors Competitors have to be taking into account as this micro environmental factor can help the organization to make fruitful decisions. The organization must keep keen eye on its competitors and should notice its practices. An important info can be received by the competitors that will help the organization. Publics: Publics are usually any groups that keeps stake in the organizations operational activities and objective accomplishment capabilities. Internal Publics, General Publics , Media Publics, Financial Publics, Government Publics etc. are the some types of publics. These must also be monitored while conducting environmental audit. Different Auditing techniques    Every business wants to know where it stands in the market along with the position of its competitors. For this purpose, following are some of the tools that help businesses for this purpose:   1) SWOT Analysis: SWOT stands for Strengths, Weaknesses, Opportunities, and Threats. The SWOT analysis helps in knowing your strengths and weakness and also helps an organization figure out what its major threats are along with the areas where opportunities for success can be exploited.    2) Ansoffs Matrix: Ansoffs Matrix is used by for knowing the growth in the market. This matrix allows marketers to find ways for growing the business by existing and/or new products, in existing and/or new markets. This matrix helps companies decide what course of action should be taken given current performance of the company. It consists of four groups i.e. market penetration, product development, market development and diversification.   3) The Boston Consulting Group or BCG Matrix: BCG Matrix has two controlling aspect namely relative market share meaning relative to the competition and market growth. This matrix performs similarly to the Ansoff Matrix in that it lets the organization know the growth that is taking place within the market of a particular product.    4) Core Competencies: Core competencies are techniques that deliver value to the customer. It gives potential access to a extensive variety of markets. It should make an important contribution to the supposed customer benefits of the end product.    5) Gap analysis: Gap analysis helps the organization in knowing where they are now and where they want to be in the recent future with the help of deciding business strategies and tactics. There is a simple structure to be followed in Gap analysis:   The first step is to decide on which factors will Gap be judged on. For example, by market share, profit, sales and some other factor. The second step is to ask two questions; where are we now? And where do we want to be?    6) PEST analysis: The PEST analysis is used in the process of environmental scanning. It gives an overview of the different macro environmental factors that the company has to take into consideration. It is a helpful strategic tool for perceptive market growth or decline, potential, business position and direction for operations.  The Factors are:   Political factors Economical factors Social factors Technological factors 7) Value Chain Analysis: The value chain analysis is a technique used in knowing about the development of competitive advantages and the different activities, which help in creating value. The primary activities involved are inbound logistic, service, marketing and sales, operations etc and the support activities are technological development and human resource management.    P2: Apply organizational and environmental auditing techniques in a given situation. CHIEF BURGER Mission Statement: Chief will be a leading Pakistani owned fast food company that is committed to providing innovative products that are consumer and lifestyle focused. We will achieve this by meeting our customer expectations Chief Burger offers a wide and varied menu to customers specializing in quality burger chicken products. They now offer products that have appeal to all ages and tastes including the sizzling steak, Chicken cheese burger, special chief pizza and chicken chow Mein to name a few. SWOT PEST ANALYSIS OF CHIEF BURGER SWOT Analysi A SWOT analysis is a strategic planning tool used to evaluate the strengths, weakness, opportunities and threats involved in a project or in a business venture or in any situation of an organization requiring a decision in pursuit of an objective. It involves the monitoring of internal and external market environment to the organization. Strengths: Chief burgers has got strong corporate image and brand name because they are the pioneer of fast food in Peshawar Chief Burgers has got strong market share as compare to its competitors. It has got low prices for both high and middle class people Chief Burgers special cheese burger, chicken steak burger, are one of its strengths because no other restaurant in Peshawar provides these kinds of burger with such quality and low prices One of the strengths of Chief Burgers is its location because its located in the center of university road. It has equal distance from Hayatabad and sadder. Location of Chief Burgers is also a center of attraction due to Jawad Towers, City Towers. People come to shop and diner or lunch at near by in chief Chief Burgers has a competitive edge over others in prices because it has lower prices than its competitors which are KFC and Pizza Hut Chief Burgers has loyal and trust worthy customers Chief Burgers offers maximum number of food variety Chief Burgers has minimum advertising budget but still has largest market share Weaknesses: Chief Burgers is not providing home delivery It is not providing any packages for kids and students Chief Burgers is not paying any attention to its promotional mix There is no special services like Pizza Hut i.e. it serves the customers a pizza within 19 minutes failing which customers are offered a free pizza There is no female employee to serve females thats the reason why most females are unwilling to eat at chief There is no car parking area which discourages people who have their own transport There is no departments integration Chief Burgers isnt providing any kind of entertainment facilities for kids and teenagers Opportunities: Chief Burgers has the opportunity to open new outlets nation wide because of the finance available and brand name Chief Burgers can introduce home delivery system Chief Burgers can use media for its advertisements like giving ads at TV Channels Participation in exhibition and fun fairs by stalls at different schools, colleges and universities can increase the sales Better use of customer information by the use of databases and home deliveries Threats: The expansion of low cost super markets. Pizza hut and KFC are providing free home deliveries, providing the best service which is creating a good and strong quality image in the eyes of their customers. Increase of local restaurants providing great variety of local food, due to which chief is losing its new customers. Different union strikes affects the business of Chief Burgers Threats of different pressure groups and food inspectors Chief Burger PESTLE Factors PESTLE analysis is a useful strategic tool for understanding market growth or decline, business position, potential and direction for operations. The headings of PEST are a framework for reviewing a situation, and can in addition to SWOT be applied by companies to review strategic directions, including marketing proposition. The use of PESTLE analysis can be seen effective for business and strategic planning, marketing planning, business and product development and research reports. PESTLE also ensures that companys performance is aligned positively with the powerful forces of change that are affecting business environment PESTLE is useful when a company decides to enter its business operations into new markets and new countries. The use of PESTLE, in this case, helps to break free of unconscious assumptions, and help to effectively adapt to the realities of the new environment Political factor: Chief Burger is a member of chamber of commerce of Pakistan It has a valid license with patent protection The employee pay is not less than 5000 according to the ordinance of 2006 Being a member of chamber of commerce Chief Burger cant set prices below its productivity because of anti dumping legislations It repels monopoly market and creates a perfect market for its competition If competition comes in the market Chief Burger can not cover proper advertisement techniques as they lack in marketing department. In contrast the competitors (KFC, Pizza Hut) can cover it easily Chief Burger can easily cope with certain fluctuating political changes much better than other because its the member of chamber of commerce Economical factors: Chief Burger has an economical benefit of cheap labor Because of high inflation rate of consumer price index according to (http:www.world66.com)which is 15.8% results in the expenses of raw material and other supplies Per capita income according to www.pakpostive.com has decreased by 50% in the last two years. Therefore Chief Burger as a business is getting loss straight away through market sales Social factors: Chief Burger can not sell products which are banned in Islam like ham burgers and alcoholic drinks Due to the culture and traditions of Khyber Pakhtunkhwa, most people dont like to hang out with families in restaurants which affects Chief Burgers sales Chief Burger inevitably built separate portion for families due to social trend Most people are used to eating conventional food like (Charsi Tikaa, Jalil Kabab) etc therefore the sales of chief burger is affected somewhat. Technological factors: Chief Burger uses two kinds of databases for record keeping and interpretations of data 1.MS SQL database system for main office 2.interpretation and simple calculation machine for daily record keeping and calculations Technologically Chief Burger has improved its revenue through internet reservations on website www.chief.com.pk in which information is given about the products portfolio Chief Burger uses the following cooking equipments effect of which is clear in the quality products it produces. 1-Hani Pani for pizza making 2-Electric Meat Grinder 3-Electric Cheese Smelter for pizza 4-Ice Machine Flakers 5-Electric Coffee Brewer 6-Electric Ovens 7-Electic Dish Washer Legal factors: It has a valid license with patent protection. They have valid license for fast food restaurant from local authorities. They have outstanding record in the book of food inspectors. Member of all frontier Hotel restaurant association. They have good coordination with local security organization, police etc for better security of citizens. They have valid work permit at the place Jawad plaza. They have proper contract with supplier, employees and other stakeholders. Environmental factors: The chief has very ethical way of business. They have neat and clean environment. Facilities of public hall as well as family hall according to the tradition of Khyber Pakhtunkhwa. They are on the sound place in terms of environment (University road university town). Very friendly environment as Khyber Pakhtunkhwa is known for hospitality. P3: Identify the main barriers to marketing planning BARRIER A barrier is an obstruction that prevents the coming-into-force of a exacting measure or causes holdup in its implementation. Barriers can be inflexible or flexible, the latter being able to be conquer given sufficient time or resources. Land use measures be likely to face more inflexible barriers than, say management or information measures. Types of barrier: Barriers can be moreover positive or negative. A positive barrier occurs when one of the objectives of the strategy limits the ability of a measure to accomplish other objectives. Environmental restraints are examples, and their burden could well improve the measure or its performance. By contrast, a negative barrier, such as insufficient legislation, may cause delays and surplus costs in the implementation of the measure. The negative barriers can be assembled into three categories: Legal and institutional: short of legal powers to put into practice a particular measure, and legal responsibilities which are crack between agencies, limiting the capability of the city authority to implement the exaggerated measure; Financial: budget restrictions warns the overall expenses on the strategy, financial restrictions on precise measures, and limitations on the elasticity with which revenues can be used to finance the full variety of measures; Political and cultural aspects: deficient of political or public acceptance of a measure, limits imposed by pressure groups, and cultural trait, such as attitudes to enforcement, which power the effectiveness of measures. Political barriers Governments from time to time place limitations on trade, preventing entry into the marketplace. Sometimes, governments make the trade in of certain goods unbeneficial by placing duties on the imports. Other times, governments do not let goods into the country at all. Duties are used by governments to defend developing industries that cannot yet compete with other industries abroad. Goods are banned for a variety of political causes. Occasionally the products are seen as harmful to the customers. Other political barriers are in retribution to barriers put by other countries. TECHNOLOGICAL BARRIERS Technology manipulates all aspects of a peoples life. Barriers in technology can be clear, like teachers who are deficient in funding and support, or people in countries with governments that inflict restriction by blocking complete asses to the Internet. Barriers can also be more revolutionary, like the commercialization of application and software which go beside the open-source collective strength that constrains technology to new heights. Financial barriers Standard of living often depends on the sum of money a person has to pay out and invest. Many ordinary activities that can get better ones standard of living, such as going to college, opening a business, buying a house, roving and buying a car, require a important amount of financial resources. When high expenses make a certain activity hard to afford, it is measured a financial barrier. Financial barriers can occur in many dissimilar contexts and have an effect on individuals, families and businesses. An individual can face a financial barrier any time, choose not to do something because of its cost. ECONOMIES OF SCALE The boost in  efficiency of production  as the numeral of goods  being produced raises.  Typically, a company that accomplishes economies of scale lowers the standard cost per unit through amplified production since fixed costs are shared over an increased number of merchandises.   Internal and External Economies of Scale Alfred Marshall made a difference between internal and external economies of scale. When a company decreases costs and increases production, internal economies of scale have been accomplished. External economies of scale arise outside of a firm, within an industry. Thus, when an industrys capacity of operations expands due to, for example, the formation of a better shipping network, resulting in a ensuing reduce in cost for a business working within that industry, external economies of scale are said to have been accomplished. With external ES, all firms within the industry will advantage. CUTURAL BARRIERS Cultures give people with customs of thinkingways of seeing, hearing and interpreting the world. Thus the similar words can mean dissimilar things to people from different cultures, even when they speak the same language. Stella Ting-Toomey describes 3 ways in which culture obstructs with effective cross-cultural understanding. Primary is what she named cognitive constraints. These are the edges of orientation or world analysis that gives a backdrop that all new information is evaluated to or inserted into. The 2nd one is behavior constraints. every culture has policies about appropriate manners which have an effect on spoken and nonverbal statement. Whether one seems the other individual in the eye-or not; whether one says what one means openly or talks around the matter; how close the people position to each other when they are talkingall of these and many more are regulations of politeness which vary from culture to culture. The third one is emotional constraints. Different cultures control the display of emotion in a different way. Some cultures get extremely arousing when they are discussing an issue.   They shout, they weep, they show their annoyance, fear, aggravation and other feelings explicitly. Other cultures attempt to remain their emotions concealed, exhibiting or sharing only the rational or truthful feature of the situation. SOCIAL BARRIERS Social barriers are simply layers that we have built around ourselves to protect us from the outside world, they are barriers we put up when meeting new people which protect us from being emotionally hurt when talking to others. Introverted people arent actually introverts at all, but rather extroverts who have many social barriers inside their head that stop them from saying certain things. COMMUNICATION BARRIERS An effective communication barrier is one of the troubles faced by many companies. Many social psychologists speak out that there is 50% to 70% loss of meaning while transforming the messages from a sender to a receiver. They approximate there are four basic places where communication could be understand wrongly. Little barriers of effective communication in an association are given below. Physical Barriers One of the main barriers of communication in a place of work is the physical barrier. Physical barriers in a company include large working areas that are physically alienated from others. Other interruptions that could cause a physical barrier in an association are the environment, background noise Language incapability to talk in a language that is known by both the sender and receiver is the utmost barrier to effective communication. When a person uses unsuitable words while conversing or writing, it could lead to confusion between the sender and a receiver. Emotions emotions might be a barrier to communication if you are absorbed in your emotions for several reasons. In such cases, you tend to have problem listening to others or accepting the message expressed to you. A small number of the emotional interferences include aggression, annoyance, resentfulness and terror. Lack of Subject Knowledge If an individual who sends a message shorts subject information then he may not be able to transmit his message obviously. The receiver could get the wrong idea of his message, and this could direct to a barrier to effective communication. Stress One of the key communication barriers faced by workers in most of the organization is stress. When an individual is under huge stress, he may find it hard to understand the message, foremost to communication deformation. At the point of stress, our psychological frame of mind depends on our viewpoints, experiences, objectives and principles. Thus, we fall short to understand the spirit of communication. P 4: Suggest how organizations may overcome barriers to marketing planning Planning is a logical sequence of events leading to the setting of marketing objectives and a formulation of plans for achieving them. The complexity of marketing planning means that when organizations embark on it, they should expect to encounter a number of organizational, attitudinal, process and cognitive problems. This essay is an attempt to outline some of those problems; however it is beyond this essay to clarify all possible barriers in implementing a marketing plan. CHIEF can overcome all these possible barriers to marketing planning by making objective, strategies, marketing plans and implementing those strategies. Manager need to instruct and demonstrate that how in cooperation they can achieve the strategies, shared the values of marketing, organizational structure should reflect customer groups and by undertaking effective process of marketing audit and techniques. M 1: Make an effective judgment  that how will the studied organization  audit the marketing environment The process of marketing audit is very broad and extensive in nature in a way that it includes almost all marketing related aspects. It basically includes marketing environment, marketing strategy, marketing organization, marketing systems, marketing mix, marketing productivity and profitability. CHIEF, a Pakistani owned fast food restaurant that is committed to providing high quality products to consumers and achieving this by customer expectations. The current position of CHEIF is good in Market also the CHEIF attract customers but have to do a lot. During our analysis and meeting with the manager (CHIEF), we come to know that CHIEF is not using any type of marketing audit techniques and they do not have any marketing specialized people and even they didnt studied their market right. They didnt undertake such common things like competitors strength, market share, opportunities, technological factors, threats economic factors etc. CHIEF is suffering a lot in the market because increasing of local restaurants providing great variety of local food, due to which chief is losing its new customers. CHIEF is not taking promotional aspect seriously for their products due to which they are loosing their customers because the lack of awareness. CHIEF main direct competitors are international fast food restaurants (Kfc, Pizza Hut) having a strong brand image and known for high quality products, providing pizzas in minimum time and locally direct competitors are Thames Burger, Masooms restaurant, Mr. Cod etc. The effects of direct customers are that these organizations are selling products that are similar in nature. There is a high level of competition in the market among those organizations in order to get more and more market share. The organization specializes in similar product line which forces the organization to produce more quality in the products and sell at low prices The indirect competitors of CHIEF are Shiraz Restaurants, Lasania, Usmania, Balana, Charsi Tikka Shop, Dawat, Namak Mandi Food Street etc The indirect competitors effect the competition. These businesses provide similar items that can satisfy the need of the customers  I-e appetite. So it extends the competition level even more as the organization starts struggle to grab more and more market share and increase its selling. CHIEF is heavily struggling in order to take market le

Blood Promise Chapter Thirteen

The next day was Easter. Everyone was up and around, getting ready to go to church. The whole house smelled delicious, filled with the scents of Olena's baking. My stomach rumbled, and I wondered if I could wait until this afternoon for the huge dinner she'd prepared. Even though I wasn't always sure about God, I'd gone to church a lot in my life. Mostly, it was a courtesy to others, a way of being polite and social. Dimitri had gone because he found peace there, and I wondered if going today might offer me some insight on what I should do. I felt a little shabby accompanying the others. They'd dressed up, but I didn't have anything other than jeans and casual shirts. Viktoria, noticing my dismay, lent me a lacy white blouse that was a little tight but still looked good. Once I was settled with the family into a pew, I looked around, wondering how Dimitri could have taken solace in the Academy's tiny chapel when he'd grown up with this place. It was huge. It could have held four chapels. The ceilings were higher and more elaborate, and gold decorations and icons of saints seemed to cover every surface. It was overwhelming, dazzling to the eye. Sweet incense hung heavy in the air, so much so that I could actually see the smoke. There were a lot of people there, human and dhampir, and I was surprised to even spot some Moroi. Apparently, the Moroi visiting town were pious enough to come to church, despite whatever sordid activities they might be engaging in. And speaking of Moroi†¦ â€Å"Abe isn't here,† I said to Viktoria, glancing around. She was on my left; Olena sat on my right. While he hadn't struck me as the religious type, I'd kind of expected him to follow me here. I hoped that maybe his absence meant he'd left Baia. I was still unnerved by our last encounter. â€Å"Did he leave town?† â€Å"I think he's Muslim,† Viktoria explained. â€Å"But last I knew, he's still around. Karolina saw him this morning.† Damn Zmey. He hadn't left. What was it he'd said? A good friend or a bad enemy. When I said nothing, Viktoria gave me a concerned look. â€Å"He's never really done anything bad when he's around. He usually has meetings and then disappears. I meant it before when I said I didn't think he'd hurt you, but now you're worrying me. Are you in some kind of trouble?† Excellent question. â€Å"I don't know. He just seems interested in me, that's all. I can't figure out why.† Her frown deepened. â€Å"We won't let anything happen to you,† she said fiercely. I smiled, both at her concern and because of her resemblance to Dimitri in that moment. â€Å"Thanks. There are some people back home who might be looking for me, and I think that Abe is just†¦ checking up on me.† That was a nice way of describing someone who was either going to drag me back to the U.S. kicking and screaming-or just make me vanish for good. Viktoria seemed to sense I was softening the truth. â€Å"Well, I mean it. I won't let him hurt you.† The service started, cutting off our conversation. While the priest's chanting was beautiful, it meant even less to me than church services usually did. It was all in Russian, like at the funeral, and no one was going to bother translating it for me today. It didn't matter. Still taking in the beauty of my surroundings, I found my mind wandering. To the left of the altar, a golden-haired angel looked at me from a four-foot-tall icon. An unexpected memory came to me. Dimitri had once gotten permission for me to accompany him on a quick weekend trip to Idaho to meet with some other guardians. Idaho wasn't any place I was keen on going, but I welcomed the time with him, and he'd convinced school officials that it was a â€Å"learning experience.† That had been shortly after Mason's death, and after the shock wave that tragedy had sent through the school, I think they would have allowed me anything, to be honest. Unfortunately, there was little that was leisurely or romantic about the trip. Dimitri had a job to do, and he had to do it quickly. So we made the best time we could, stopping only when absolutely necessary. Considering our last road trip had involved us stumbling onto a Moroi massacre, this one being uneventful was probably for the best. As usual, he wouldn't let me drive, despite my claims that I could get us there in half the time. Or maybe that was why he wouldn't let me drive. We stopped at one point to get gas and scrounge some food from the station's store. We were up in the mountains somewhere, in a tiny town that rivaled St. Vladimir's for remote location. I could see mountains on clear days at school, but it was a totally different experience being in them. They surrounded us and were so close it seemed like you could just jump over and land on one. Dimitri was finishing up with the car. Holding my sub sandwich, I walked around to the back of the gas station to get a better view. Whatever civilization the gas station offered disappeared as soon as I cleared it. Endless snowy pines stretched out before me, and all was still and quiet, save for the distant sound of the highway behind me. My heart ached over what had happened to Mason, and I was still having nightmares about the Strigoi who'd held us captive. That pain was a long way from disappearing, but something about this peaceful setting soothed me for a moment. Looking down at the unbroken, foot-high snow, a crazy thought suddenly came to me. I let myself go, falling back-first to the ground. The thick snow embraced me, and I rested there a moment, taking comfort in lying down. Then I moved my legs and arms back and forth, carving out new hollows in the snow. When I finished, I didn't get up right away. I simply continued lounging, staring up at the blue, blue sky. â€Å"What,† asked Dimitri, â€Å"are you doing? Aside from getting your sandwich cold.† His shadow fell over me, and I looked up at his tall form. In spite of the cold, the sun was out, and its rays backlit his hair. He could have been an angel himself, I thought. â€Å"I'm making a snow angel,† I replied. â€Å"Don't you know what that is?† â€Å"Yes, I know. But why? You must be freezing.† I had on a heavy winter coat, hat, gloves, and all the other requisite cold-weather accessories. He was right about the sandwich. â€Å"Not so much, actually. My face is a little, I guess.† He shook his head and gave me a wry smile. â€Å"You'll be cold when you're in the car and all that snow starts melting.† â€Å"I think you're more worried about the car than about me.† He laughed. â€Å"I'm more worried about you getting hypothermia.† â€Å"In this? This is nothing.† I patted the ground beside me. â€Å"Come on. You make one too, and then we can go.† He continued looking down at me. â€Å"So I can freeze too?† â€Å"So you can have fun. So you can leave your mark on Idaho. Besides, it shouldn't bother you at all, right? Don't you have some sort of super cold resistance from Siberia?† He sighed, a smile still on his lips. It was enough to warm me even in this weather. â€Å"There you go again, convinced Siberia is like Antarctica. I'm from the southern part. The weather's almost the same as here.† â€Å"You're making excuses,† I told him. â€Å"Unless you want to drag me back to the car, you're going to have to make an angel too.† Dimitri studied me for several heavy moments, and I thought he might actually haul me away. His face was still light and open, though, and his expression was filled with a fondness that made my heart race. Then, without warning, he flopped into the snow beside me, lying there quietly. â€Å"Okay,† I said when he did nothing more. â€Å"Now you have to move your arms and legs.† â€Å"I know how to make a snow angel.† â€Å"Then do it! Otherwise, you're more like a chalk outline at a police crime scene.† He laughed again, and the sound was rich and warm in the still air. Finally, after a little more coaxing on my part, he moved his arms and legs too, making an angel of his own. When he finished, I expected him to jump up and demand we get back on the road, but instead, he stayed there too, watching the sky and the mountains. â€Å"Pretty, huh?† I asked. My breath made frosty clouds in the air. â€Å"I guess in some ways, it's not that different from the ski resort's view†¦ but I don't know. I feel different about it all today.† â€Å"Life's like that,† he said. â€Å"As we grow and change, sometimes things we've experienced before take on new meaning. It'll happen for the rest of your life.† I started to tease him about his tendency to always deliver these profound life lessons, but it occurred to me then that he was right. When I'd first begun falling for Dimitri, the feelings had been all-consuming. I'd never felt anything like it before. I'd been convinced there was no possible way I could love him more. But now, after what I'd witnessed with Mason and the Strigoi, things were different. I did love Dimitri more intensely. I loved him in a different way, in a deeper way. Something about seeing how fragile life was made me appreciate him more. It had made me realize how much he meant to me and how sad I'd be if I ever lost him. â€Å"You think it'd be nice to have a cabin up there?† I asked, pointing to a nearby peak. â€Å"Out in the woods where no one could find you?† â€Å"I would think it was nice. I think you'd be bored.† I tried to imagine being stuck in the wilderness with him. Small room, fireplace, bed†¦ I didn't think it'd be that boring. â€Å"It wouldn't be so bad if we had cable. And Internet.† And body heat. â€Å"Oh, Rose.† He didn't laugh, but I could tell he was smiling again. â€Å"I don't think you'd ever be happy someplace quiet. You always need something to do.† â€Å"Are you saying I have a short attention span?† â€Å"Not at all. I'm saying there's a fire in you that drives everything you do, that makes you need to better the world and those you love. To stand up for those you can't. It's one of the wonderful things about you.† â€Å"Only one, huh?† I spoke lightly, but his words had thrilled me. He'd meant what he said about thinking those were wonderful traits, and feeling his pride in me meant more than anything just then. â€Å"One of many,† he said. He sat up and looked down at me. â€Å"So, no peaceful cabin for you. Not until you're an old, old woman.† â€Å"What, like forty?† He shook his head in exasperation and stood up, not gracing my joke with a response. Still, he regarded me with the same affection I'd heard in his voice. There was admiration too, and I thought I could never be unhappy as long as Dimitri thought I was wonderful and beautiful. Leaning down, he extended his hand. â€Å"Time to go.† I took it, letting him help pull me up. Once standing, we held hands for a heartbeat longer than necessary. Then we let go and surveyed our work. Two perfect snow angels-one much, much taller than the other. Careful to step inside each outline, I leaned down and hacked out a horizontal line above each head. â€Å"What's that?† he asked, when I stood beside him again. â€Å"Halos,† I said with a grin. â€Å"For heavenly creatures like us.† â€Å"That might be a stretch.† We studied our angels for a few moments more, looking at where we had lain side by side in that sweet, quiet moment. I wished what I'd said was true, that we had truly left our mark on the mountain. But I knew that after the next snowfall, our angels would disappear into the whiteness and be nothing more than a memory. Dimitri touched my arm gently, and without another word, we turned around and headed back to the car. Compared to that memory of him and the way he'd looked at me out there on the mountain, I thought the angel looking back at me in church seemed pale and boring in comparison. No offense to her. The congregation was filing back to their seats after taking bread and wine. I'd stayed seated for that, but I did understand a few of the priest's words. Life. Death. Destroy. Eternal. I knew enough about all this to string together the meaning. I would have bet good money â€Å"resurrection† was in there too. I sighed, wishing it were truly that easy to vanquish death and bring back those we loved. Church ended, and I left with the Belikovs, feeling melancholy. As people passed each other near the entrance, I saw some eggs being exchanged. Viktoria had explained that it was a big tradition around here. A few people I didn't know gave some to me, and I felt a little bad that I had nothing to give in return. I also wondered how I was going to eat them all. They were decorated in various ways. Some were simply colored; others were elaborately designed. Everyone seemed chatty after church, and we all stood around outside it. Friends and family hugged and caught up on gossip. I stood near Viktoria, smiling and trying to follow the conversation that often took place in both English and Russian. â€Å"Viktoria!† We turned and saw Nikolai striding toward us. He gave us-by which I mean, he gave her-a brilliant smile. He'd dressed up for the holiday and looked amazing in a sage shirt and dark green tie. I eyed Viktoria, wondering if it had any effect on her. Nope. Her smile was polite, genuinely happy to see him, but there was nothing romantic there. Again, I wondered about her mystery â€Å"friend.† He had a couple of guys with him whom I'd met before. They greeted me too. Like the Belikovs, they seemed to think I was a permanent fixture around here. â€Å"Are you still going to Marina's party?† asked Nikolai. I'd nearly forgotten. That was the party he'd invited us to the first day I'd met him. Viktoria had accepted then, but to my surprise, she now shook her head. â€Å"We can't. We have family plans.† That was news to me. There was a possibility something had come up that I didn't know about yet, but I doubted it. I had a feeling she was lying, and being a loyal friend, I said nothing to contradict her. It was hard watching Nikolai's face fall, though. â€Å"Really? We're going to miss you.† She shrugged. â€Å"We'll all see each other at school.† He didn't seem pacified by that. â€Å"Yeah, but-â€Å" Nikolai's eyes suddenly lifted from her face and focused on something behind us. He frowned. Viktoria and I both glanced back, and I felt her mood shift too. Three guys were strolling toward my group. They were dhampirs as well. I didn't notice anything unusual about them-smirks aside-but other dhampirs and Moroi gathered outside the church took on expressions similar to those of my companions. Troubled. Worried. Uncomfortable. The three guys came to a stop by us, pushing their way into our circle. â€Å"I thought you might be here, Kolya,† said one. He spoke in perfect English, and it took me a moment to realize he was talking to Nikolai. I would never understand Russian nicknames. â€Å"I didn't know you were back,† replied Nikolai stiffly. Studying the two of them, I could see a distinct resemblance. They had the same bronze hair and lean build. Brothers, apparently. Nikolai's brother's gaze fell on me. He brightened. â€Å"And you must be the unpromised American girl.† It didn't surprise me that he knew who I was. After the memorial, most of the local dhampirs had left telling tales about the American girl who had fought battles against Strigoi but carried neither a promise mark nor a graduation mark. â€Å"I'm Rose,† I said. I didn't know what was up with these guys, but I certainly wasn't going to show any fear in front of them. The guy seemed to appreciate my confidence and shook my hand. â€Å"I'm Denis.† He gestured to his friends. â€Å"Artur and Lev.† â€Å"When did you come to town?† asked Nikolai, still not looking happy about this reunion. â€Å"Just this morning.† Denis turned to Viktoria. â€Å"I heard about your brother. I'm sorry.† Viktoria's expression was hard, but she nodded politely. â€Å"Thank you.† â€Å"Is it true he fell defending Moroi?† I didn't like the sneer in Denis's voice, but it was Karolina who voiced my angry thoughts. I hadn't noticed her approaching our group. She didn't look happy to see Denis at all. â€Å"He fell fighting Strigoi. He died a hero.† Denis shrugged, unaffected by the angry tone of her voice. â€Å"Still makes him dead. I'm sure the Moroi will sing his name for years to come.† â€Å"They will,† I replied. â€Å"He saved a whole group of them. And dhampirs too.† Denis's gaze fell back on me, his eyes thoughtful as he studied my face for a few seconds. â€Å"I heard you were there too. That both of you were sent into an impossible battle.† â€Å"It wasn't impossible. We won.† â€Å"Would Dimitri say that if he were alive?† Karolina crossed her arms over her chest. â€Å"If you're only here to start something, then you should leave. This is a church.† It was funny. Upon meeting her, I'd thought she seemed so gentle and kind, just an ordinary young mother working to support her family. But in this moment, she seemed more like Dimitri than ever. I could see that same strength within her, that fierceness that drove her to protect loved ones and stand up to her enemies. Not that these guys were her enemies, exactly. I honestly didn't yet understand who they were. â€Å"We're just talking,† said Denis. â€Å"I just want to understand what happened to your brother. Believe me, I think his death was a tragedy.† â€Å"He wouldn't have regretted it,† I told them. â€Å"He died fighting for what he believed in.† â€Å"Defending others who took him for granted.† â€Å"That's not true.† â€Å"Oh?† Denis gave me a lopsided smile. â€Å"Then why don't you work for the guardians? You've killed Strigoi but have no promise mark. Not even a graduation mark, I heard. Why aren't you out there throwing yourself in front of Moroi?† â€Å"Denis,† said Nikolai uneasily, â€Å"please just leave.† â€Å"I'm not talking to you, Kolya.† Denis's eyes were still on me. â€Å"I'm just trying to figure Rose out. She kills Strigoi but doesn't work for the guardians. She's clearly not like the rest of you soft people in this town. Maybe she's more like us.† â€Å"She's nothing like you,† Viktoria snapped back. I got it then, and a chill ran down my spine. These were the kind of dhampirs that Mark had been talking about. The true unpromised ones. The vigilantes who sought out Strigoi on their own, the ones who neither settled down nor answered to any guardians. They shouldn't have unnerved me, not really. In some ways, Denis was right. In the simplest terms, I really was like them. And yet†¦ there was an air about these guys that just rubbed me the wrong way. â€Å"Then why are you in Russia?† asked one of Denis's friends. I already couldn't remember his name. â€Å"This is a long trip for you. You wouldn't have come here without a good reason.† Viktoria was picking up her sister's anger. â€Å"She came to tell us about Dimka.† Denis eyed me. â€Å"I think she's here to hunt Strigoi. There are more in Russia to choose from than there are in the States.† â€Å"She wouldn't be in Baia if she was hunting Strigoi, you idiot,† returned Viktoria evenly. â€Å"She'd be in Vladivostok or Novosibirsk or somewhere like that.† Novosibirsk. The name was familiar. But where had I heard it? A moment later, the answer came to me. Sydney had mentioned it. Novosibirsk was the largest city in Siberia. Denis continued. â€Å"Maybe she's just passing through. Maybe she'll want to join us when we go to Novosibirsk tomorrow.† â€Å"For God's sake,† I exclaimed. â€Å"I'm right here. Stop talking about me like I'm not. And why would I want to go with you?† Denis's eyes gleamed with an intense, feverish light. â€Å"Good hunting there. Lots of Strigoi. Come with us, and you can help us go after them.† â€Å"And how many of you will come back from this?† Karolina asked in a hard voice. â€Å"Where's Timosha? Where's Vasiliy? Your hunting party keeps getting smaller each time you return here. Which one of you will be next? Whose family will be the next to mourn?† â€Å"Easy for you to talk,† retorted the friend. Lev, I think his name was. â€Å"You stay here and do nothing while we go out and keep you safe.† Karolina gave him a disgusted look, and I recalled how she was dating a guardian. â€Å"You go out and rush into situations without thinking. If you want to keep us safe, then stay here and defend your families when they need it. If you want to go after Strigoi, go join the guardians and work with those who have some sense.† â€Å"The guardians don't hunt Strigoi!† cried Denis. â€Å"They sit and wait and cower before the Moroi.† The unfortunate part was, he had a point. But not entirely. â€Å"That's changing,† I said. â€Å"There's a movement to start taking the offensive against the Strigoi. There's also talk of the Moroi learning to fight with us. You could help be a part of that.† â€Å"Like you are?† he laughed. â€Å"You still haven't told us why you're here and not with them. You can say what you want to the rest of this group, but I know why you're here. I can see it in you.† The crazy, eerie look he gave me almost made me think that he could. â€Å"You know the only way to rid the world of evil is to do it on our own. To seek out the Strigoi ourselves and kill them, one by one.† â€Å"Without a plan,† finished Karolina. â€Å"Without any thought of the consequences.† â€Å"We're strong and we know how to fight. That's all we need to know when it comes to killing Strigoi.† And that was when I understood. I finally got what Mark had been trying to tell me. Denis was saying exactly what I had been thinking since I left St. Vladimir's. I'd run off without a plan, wanting to throw myself into danger because I felt I had a mission that only I could carry out. Only I could kill Dimitri. Only I could destroy the evil within him. I'd been giving no thought to how I'd pull it off-seeing as Dimitri had beat me more often than not in fights when he was still a dhampir. With a Strigoi's strength and speed now? The odds were definitely against me. Still, I hadn't cared. I'd been obsessed, convinced I had to do this. In my own head, what I had to do made sense, but now†¦ hearing those sentiments from Denis, it sounded crazy. Just as reckless as Mark had warned. Their motives might be good-just as mine were-but they were also suicidal. Without Dimitri, I honestly hadn't cared much about my own life. I'd never been afraid to risk it before, but now I realized there was a big difference between dying uselessly and dying for a reason. If I died trying to kill Dimitri because I had no strategy, then my life would have meant nothing. Just then, the priest walked over and said something to us in Russian. From his tone and expression, I think he was asking if everything was okay. He'd mingled with the rest of the congregation after the service. Being human, he probably didn't know all the dhampir politics afoot, but he could undoubtedly sense trouble. Denis offered him a simpering smile and gave what sounded like a polite explanation. The priest smiled in return, nodded, and wandered off when someone else called to him. â€Å"Enough,† said Karolina harshly, once the priest was out of earshot. â€Å"You need to go. Now.† Denis's body tensed, and mine responded, ready for a fight. I thought he might start something then and there. A few seconds later, he relaxed and turned to me. â€Å"Show them to me first.† â€Å"Show you what?† I asked. â€Å"The marks. Show me how many Strigoi you've killed.† I didn't respond right away, wondering if this was a trick. Everyone's eyes were on me. Turning slightly, I lifted the hair off the back of my neck and showed my tattoos. Little lightning-shaped molnija marks were there, along with the mark I'd gotten for the battle. From the sound of Denis's gasp, I was guessing he'd never seen that many kills before. I let my hair go and met his gaze levelly. â€Å"Anything else?† I asked. â€Å"You're wasting your time,† he said at last, gesturing to the people behind me. â€Å"With them. With this place. You should come with us to Novosibirsk. We'll help make your life worthwhile.† â€Å"I'm the only one who can make anything of my life.† I pointed down the street. â€Å"You were asked to leave. Now go.† I held my breath, still bracing for a fight. After several tense moments, the group retreated. Before turning around, Denis gave me one last piercing look. â€Å"This isn't what you want and you know it. When you change your mind, come find us at 83 Kasakova. We leave at sunrise tomorrow.† â€Å"You'll be leaving without me,† I said. Denis' smile sent another chill down my spine. â€Å"We'll see.†

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What is the definition of a contract? An agreement between two or more parties for the doing or not doing of something specified. Describe the various types of contracts. 1) Bilateral and Unilateral 2) Express and Implied 3) Executory and Executed What elements does a contract need to be enforceable? 1) Agreement 2) Legality 3) Consideration 4) Capacity What elements would constitute a discharge of a contract? 1) Material breach 2) Minor breach 3) Anticipatory breach 4) Mutual Rescission 5) Accord/Satisfaction What is a bilateral contract? Both parties make a promise. What is a unilateral contract?One party make a promise that the other party can accept only by doing something. ex. I'll give you $10 to mow my lawn. If not mowed no $10. What is an express contract? Two parties state all important terms of their agreement. ex. Where, when, how much, oral or written. What is an implied contract? Words and conduct of the parties indicate that they intended an agreement. What is an execut ory contract? When one or more parties have not fulfilled its obligations. What is an executed contract? When all parties have fulfilled their obligations? If there is a breech of contact, what remedies are available?Injuction – An order forcing someone to do something or refrain from doing something. Expectation Damages / Restitution – $ required to put on party in the position she would have been had the other side performed the contract. Specific Performance – In cases of rare property court ordered to complete the deal. Reformation – Court will rewrite contract. Describe types of acceptable performace of a contract. Strict Performance Substantial Performance What are the Sherman and Clayton Antitrust Acts? Sherman Act of 1890 – first national law to regulate competition.Clayton Act of 1914 clarified the Sherman Act. What are the key provisions of the Sherman and Clayton Antitrust Acts? *Prohibits all agreements that will â€Å"restrain tradeâ €  (Sherman) *Bans â€Å"monopolies† (Sherman) *Prohibits anticompetitive mergers (Clayton) *Tying arrangements (Clayton) *Exclusive dealings (Clayton) *Bans price discrimination – illegal to charge different prices to different purchasers. (Robinson-Pattman Act 1936 an amendment to Clayton -) Describe the variety of aggressive business actions that are illegal and violations of antitrust regulations.Monopolization -possessing a monopoly is not illegal; using bad acts to acquire or maintain one is. Predatory Pricing – lowering prices below cost to drive competitors out. Tying Arrangements – selling products on the condition the buyer purchases a different (or tied) product. Contolling distributors or retailers (Retail price maintenance) How is consumer credit regulated? Through the Truth in Lending Act What government regulations apply to consumer product safety? *Federal food, drug, cosmetic act *Food quality protection act What is the role of the Env ironmental Protection Agency?Monitor and protect the air, water and land polution. . . What requirements were specified by the Federal Trade Commission Act of 1914? Unfair or deceptive acts or practices. What is the point at which a legal agreement is said to have occured? intend to contract List the types of breech of contracts. Material Breach Minor Breach Anticipatory Breach Mutual Rescission Accord/Satisfaction What is an express warranty? Seller creates with words or actions that goods meet certain standards. Created three ways: Affirmation of a fact or promise, Description of the goods, or sample or model. What is an implied warranty?Created by UCC code itself, not by an act or statement of the seller. What is a disclaimer? A statement that a particular warranty does not apply. What are the limitations on remedies for breach of warranty and product liability? Limitation of Remedy Clause – Parties may limit or exclude normal remedies permitted. What is negligence? Seller 's conduct unreasonable. Violation of a standard of care set by statute. How does negligence apply to a manufacturer? Negligent Design Negligent Manufacturing Failure to Warn What are the types of warranties? Implied, Express, Implied Warranty of Fitness, Warranty of Merchantiability.What is strict liability? A tort doctrine holding to a very high standard all those who engage in ultrahazardous activities. (ie explosives) OR who manufacture certain products. What are the defenses available to an action for negligence? Contributory Negligence – If the plantiff is even slightly negligent she recovers nothing. Comparative Negligence – Plantiff may generally recover even if she was partially responsible. What are the defenses available or an action for strict liability? None – a defendant engaging in an ultrahazardous activity is virtually always liable for any harm that results.List the remedies available. Compensatory Damages – flow directly from contract. Consequential Damages – result from the unique circumstances of the particular injured party. (Recoverable only if breaching party should have foreseen them). Incidental Damages – Minor costs an injured party incurs responding to a breach. What are the basic provisions of the Sarbanes – Oxley Act? *Created a public company accounting oversight board *Revising auditor independence rules *Revising corporate governance standards *Increasing criminal penalties for violations What are the rights of the shareholders? Right to information – including minute book, accounting records, and shareholder lists. *Right to vote *Right to Dissent *Right to protection from other shareholders. What recourse do sharholders have against corporations if shareholder rights are violated? Derivative Lawsuits – Shareholders sue corporation, but damages go to corporation. *Direct lawsuits *Class Action What are the key provisions of the Securities Act of 1933? Before offeri ng or selling securities, the issuer must register the securities with the SEC, unless the securities qualify for an exemption. What are the disclosure requirements of the Securities Act of 1933?Initial detailed information statement when the company first registers. How did Sarbanes – Oxley change the disclosure requirements of the Securities Act of 1933? Added to the 1934 Securities Act by requiring CEO and CFO to certify that: *The information in the quarterly and annual reports are true. *The company has effective internal controls. *The officers have informed the company's audit committee and it auditors of any concerns that they have about the internal control system. What year did the Sarbanes – Oxley Act pass? 2002 How would you define business ethics? The study of how people ought to act.What is involved in developing an ethical culture in an organization? Managers setting the example and training. What year was the Clean Air Act passed? 1963 What year was the Clean Water Act passed? 1977 What are the alternative dispute resolution techniques? *Arbitration – 3rd neutral party hears both sides and makes a binding decision, possible award, no discovery, no class action, no pulic info of outcome. *Mediation – Neutral party coaxed two disputing parties toward volunatry settlement. No decision made by mediator. *Negotiation – List the types of courts. State Courts = Trial CourtsFederal Courts = Trial Courts and Specialty courts (bankruptcy, tax, etc) Appelate Courts = Describe the National Labor Relations Act of 1935. Also known as Wagner Act. 1) Created NLR Board to enforce labor laws. 2) Prohibits employers from penalizing workers who engage in union activity. 3) Requires employers to bargain â€Å"in good faith† with unions. Descirbe what COBRA is, and when was it passed? Consolidated Omnibus Budget Reconciliation Act passed in 1985. Statute provides that former employees be allowed to continue health insurance for 18 months after leaving their job.Describe what the Fair Labor Standards Act is and when it passed? Regulates wages and limits child labor. Passed in 1938. 1. 5 time paid for overtime. Children under 14 may only work in agricultural and entertainment. 14-15 limited hours after school. 16-17 unlimited hours in non-hazardous. Descirbe what constitutes wrongful discharge under the law. Wrongful discharge prohibits an employer from firing a worker for a bad reason. They fall into three categories. 1) public policy – prohibits employer from firing someone for a reason that violates basic social rights, duties, and responsibilities. ) contract law-written or oral promises made during the hiring process can be enforceable. Employee handbook creates a contract. 3) tort law – defamation; giving a false or unfavorable reference about a former employee, or â€Å"Intentional Infliction of Emotion Distress – employers who condone cruel treatment of their employees face liability under tort of intentional infliction of emotional distress. Explain the responsibilities of OSHA. Holds employers to a workplace â€Å"free from recognized hazards that are causing or likely to cause death or serious injury to employees.Inspects workplaces to insure that they are safe. Describe the main points of the Americans with Disabilites Act of 1990. The ADA prohibits employers from discriminating on the basis of disability as long as she can, with reasonable accomodation, perform the essential functions of the job. An accomodation is not reasonable if it would create undue hardship on the employer. What is liquidated damages clause? A provision in the contract that declares in advance what one party will receive if the other side breaches. What is necessary to prove negligence? Duty of Due Care Breach (defendant breached duty)Factual Cause Forseeable Harm Injury What does the Family and Medical Leave Act guarantee? Both men and women up to 12 weeks unpaid leave eac h year for childbirth, adoption, or medical emergencies for themselves or a family member. When was Social Security instituted and what does it do? Passed during the Great Depression in 1935. Benefits to workers who are retired, disabled, or temporarilly unemployed and to spouses and children of disabled or deceased workers. What is the FUTA? Federal Unemployment Tax Act and is part of the Social Security system. What is the Equal Pay Act and when was it instituted?An employee may not be paid at a lesser rate than an employee of the opposite sex for equal work. Passed in 1963. What is Title VII and what does it prohibit? Passed in 1964. It prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin. More specifically, 1) discrimination in the workplace 2) sexual harassment 3) discrimination because of pregnancy. What does sexual harassment entail? unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature with two major categories. 1) Quid pro quo (this for that) 2) Hostile work environmentWhat is the EEOC? Equal Employment Opportunity Commission is a federal agency to oversee Title VII cases. They may sue or issue a â€Å"Right to Sue† letter. They also oversee age discrimination cases. What are the remedies to Title VII violations? Hiring, reinstatement, retroactive seniority, back pay, reasonable attorney's fees and damages up to $300,000. What does the Age Discrimination Act prohibit? When was it passed? Prohibits ago discrimination against employees or job applicants who are 40 years or older. Cannot fire, refuse to hire, fail to promote or force to employee to retire. Passed in 1967.What is the Norris-LaGuardia Act? declared that federal courts could not issue an injuction for non-violent labor disputes. What rights does Section 7 of the National Labor Relations Act (NLRA) guarantee? the right to organize and join unions, bargain collectively through rep resentatives of their own choosing, and egage in other concerted efforts. What does Section 8 of the NLRA guarantee against? Unfair Labor Practices – the employer cannot: *interfere with union organizing efforts. *dominate or interfere with any union. *discriminate against any union member. *refuse to bargain collectively with any union.What are the two main functions of the NLRA Board appointed by the President? *Representation – the board decided whether a particular union is entitled to represent a group of employees. *Unfair Labor Practices – adjudicates claim by either the employer or workers the the other side has committed a ULP. What is the Taft-Hartley Act? Also called the Labor Management Relations Act. A statue that ammended section 8 of the NLRA to outlaw certain ULP by unions. *interfer with employees who are exercising their right under 7. * to encourage an employer to discriminate against a particular employee because of a union dispute. refuse to bargain collectively. * to engage in an illegal strike or boycott, especially secondary boycotts. (secondary boycott is picketting innocent companies to coherce them to stop doing business with an employer) What is the Landrum-Griffin Act? Also called the Labor-Management Reporting and Disclosure Act (LMRDA) requires union leadership to make certain financial disclosures and guarantees free speech and fair elections within a union. What does Section 9 of the NLRA offer? Exclusivity – a valid recognized union is the EXCLUSIVE representative of the employees. What steps are needed to organize a union?Campaign – rally employees to form a union. Authorization Cards – signed card by employee giving union exclusity. Recognition – union asks employer to recognize it as the bargaining unit. Petition – union petitions NLRB for an election if 30% of workers are unified. Election – NLRB supervises election. What is a CBA? Collective Bargaining Agreeme nt. What is UPA Uniform Partnership Act passed 1914. At what point is a partnership formed? The association of two or more person to carry on as co-owners a business for profit forms a partnership, whether or not the persons intend to form a partnership.What factors create â€Å"co-owners of a business for profit†? *Must share profits *Share in management of business *(optional) Share in losses *(optional) referring to yourselves as partners *Charitable business are not partnerships When does Partnership by Estoppel apply? *they allow others to call them partners * a third party relies on assertion * a third party suffers harm What agency does a â€Å"partner† in a partnership hold? *Actual authority – authorized acts * Implied authority – act resonably necessary *Apparent authority – unauthorized acts Which partner is responsible for paying the debt of the partnership?ALL – all partners are PERSONALLY liable for all debts of the partnership . (Yes, that means the house is at risk. ) What is the liability of an incoming partner? A partner is personally liable only for obligations the partnership incurred while he was a partner. His liability for debts incurred before he became a partner is limited to his investment in the partnership. What are the two categories antitrust is divided into? per se – violations are automatic (no on was hurt is not a defense criminal and civil damages) rule of reason – only if anticompetitive impactName the three types of potentially illegal cooperative business strategies. Horizontal Agreements among competitors. (Levis and Wranglers) Vertical Agreements between participates of different stages of production (Levis and Macys) Mergers and Joint Ventures among competitors. What is market division? An effort by a group of competitors to divide it market is a per se violation of the Sherman Act. What is the FTC? Federal Trade Commission created in 1915. What options does the FTC have to enforce the law? Voluntary Compliance Administrative Hearing and Appeals PenaltiesWhat sales practices does the FTC oversee? Bait & Switch Mail/Phone Order Merchandise Telemarketing Unordered Merchandise Door to Door Sales Consumer Credit What is the â€Å"Truth in Lending Act†? Requires lenders to disclose the terms of the loan in an understandable and complete manner. Truth in Lending Act (TILA) applies only if . . . *It is a consumer loan *The loan has a finance charge or will be paid in more than four installments. *The loan is for less than $25,000, or to secure a mortgage on real estate *The loan is made by someone in the business of offering credit What is the Magnuson-Moss Warranty Act?The act requires any supplier that offers a written warranty on a consumer product that cost more than $15 to disclose the terms of the warranty in simple, understandable language before the sale. What does the Consumer Product Safety Act of 1972 protect? Created to prevent inju ries from consumer products. Instituted the Consumer Product Safety Commission to evaluate consumer products and develop safety standards. The FTC deems a practice unfair if it meets three tests. What are these tests? 1) It causes substantial consumer injury. 2) The harm of the injury outweights any countervailing benefit. ) The consumer could not reasonably avoid the injury. What is the EPA? What is the EPA's primary function? Evironmental Protection Agency. Created in 1970. When Congress passes a new environmental law, the EPA issues regulations to implement it. What is the Clean Air Act? When was it passed? The Clean Air Act of 1970 has four provisions: 1) Primary Standards (National Ambient Air Quality Standards, NAAQS) – pollution that harms public health. 2) Secondary Standards – pollution that may not threaten health BUT has unpleasant effects, low visibility, harmful to plants or other materials. ) State Implimentation Plans (SIPs) States offered plans for brin ging areas into compliance within a reasonable amount of time. 4) Citizen Suits – citizens can file against a polluter or the EPA for failing to enforce statute. What is the Clean Water Act? When was it passed? Passed in 1972 with two goals: 1) to make all navigable water suitable for swimming and fishing by 1983 2) to eliminate the discharge of pollutants into navigable waters by 1985. What does the Safe Drinking Water Act require? When was it passed? Passed 1974. Requires: 1) EPA to set national standards ) enforcement left to states with provisions for EPA to enforce if needed. 3) Prohibits use of lead in any water pipes. 4) Requires community water systems to send annual water report to every customer. What two statutes regulate waste? The Resource Conservation and Recovery Act (RCRA) – regulates the production and disposal of solid waste. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) – focuses on cleaning up existing hazardous waste sites. What does EPA oversee? Air Water Waste Chemicals – shared with other agencies (FDA, OSHA, and NRC)Natural Resources What act was passed to regulate the air? Clean Air Act What acts were passed to regulate water? *Clean Water Act *Safe Drinking Water Act *Ocean Dumping Act *Oil Pollution Act What acts were passed to regulate chemicals? *Federal Insecticide, Fungicide, and Rodenticide Act *Federal Food, Drug, Cosmetic Act *Food Quality Protection Act *Toxic Substances Control Act What acts were passed to regulate natural resources? *National Environmental Policy Act *Endangered Species Act What are common types of antitrust violations? Cooperative Strategies Aggressive Strategies Define ethics. The study and philosophy of human conduct, with an emphasis on determining right and wrong. *Moral philosophy *The principles, values, and standards that guide behavior in the world of business. What are the changes made to the 1933 Securities Act in 1934 ? *still must file initial info statement (like 1933) *Annual reports with audited financials, analysis of company's performance, info about officers and directors. *Unaudited quarterly reports *Report any significant developments, bankruptcy, change in control, purchase or sale of significant assets, resignation of a director as a result of policy dispute, change in auditing firms.

Deprivation Of Liberty Safeguards A Best Interest...

DEPRIVATION OF LIBERTY SAFEGUARDS A Best Interest Assessment The Mental Capacity Act (MCA) 2005 states that â€Å"an act done, or decision made, under this Act, for or on behalf of a person who lacks capacity must be done, or made, in his best interests’. The Deprivation of liberty safeguards are a legal framework introduced into the mental capacity act 2005 (MCA) by the mental health act 2007 (MHA). This legislation protects the rights of people in care homes or hospitals, where the care is imputable to the state, who lack capacity or have a mental dysfunction to make decisions regarding their care and treatment (Jones, 2008 p 383). DOLS ensures against arbitrary deprivation of liberty (dol) which was identified in the Bournewood Case ( HL v UK 45508/99 (2004) ECHR 471). The judgement in this case determined that in order to adhere to the ECtHR, lawful detention needed to meet Article 5 (1) that requires a ‘procedure prescribed by law’ and Article 5 (4) which requires a means to apply to a court to see if deprivation of l iberty was unlawful (dols code of practice 2008). As such, the DOLs are designed to protect the rights of people who fall within the scope of the act. The aim of this assignment is to evidence a critical analysis and evaluation of professional development having attended structured learning events on the Deprivation Of Liberty Safeguards (DOLS) and the best interest assessment process. To demonstrate the required learning outcomes, I would like to use the caseShow MoreRelatedMental Capacity Act Nvq 56650 Words   |  27 Pagesmake that decision. Many people make unwise decisions but this alone does not mean that they lack capacity to make decisions for themselves. 4 Any actions taken or decisions made on behalf of someone who lacks capacity must be done in their best interests, after considering what is known about their preferences (unless they have made a relevant and valid advance decision to refuse medical treatment. It is still important to involve the person wherever possible in making the decision. 5 The finalRead MoreDoes The Mental Capacity Act Restrict Or Enhance Personal Freedom And Autonomy?2759 Words   |  12 Pageson their behalf. This Act supports the concept of assessment and a decision making process that is evenly to service users’ legitimate rights, liberty, empowerment and autonomy, while the decision-making framework for clinicians has been clarified and codified and patients’ rights enhanced (Donelly, 2010). Speker and Scully (2008) stated that the Act sets out decision specific standards that define the assessment of capacity and best interest principles to improve the decision making for patientsRead MoreThe Mental Capacity Act1019 Words   |  5 Pagesnurses have to consider when caring for a person that either lacks or have compromised capacity. At the same time, the author will explain important terminology in the essay such as the meaning of consent, capacity, best interest, Deprivation of liberty, advanced decisions, risk assessment, including several examples from experience during placement The author will also discuss the principles of the Mental Capacity Act (2005) and the Mental Health Act (1983) and how it protect an adult who is vulnerableRead MoreCourt Of Protection Case Study753 Words   |  4 Pagesvulnerable and are at risk of abuse, neglect and exploitation. Supporting people housing has become a major provider of housing and support services for adults with a wide range of needs. The 8uality of their services is regulated through the quality assessment framework, which includes standards that they must meet with regard to safeguarding adults from abuse. In addition to recognising the risks of abuse of adults to whom they provide accommodation and in many cases care, staff of housing organisationRead MoreAnalyse the Importance of the Mental Health Act1912 Words   |  8 Pagescan be treated irrespective of their consent where it is necessary to prevent them from harming themselves or others. (DOH, 2007) The Act sets out the criteria that must be met before compulsory measures can be taken, along with protections and safeguards. The importance of this Act is to ensure people with an effective service with boundaries and laws to protect vulnerable individuals, maximising their safety and well-being and protecting them from harm. It also allows practitioners guidance, toRead MoreUnit 372 Dementia 313 Level 3 Diploma Hsc Essay765 Words   |  4 Pagesto lack of diagnosis if there is no word for it * Some assessment tools may not be suitable due to language and culture differences or illiteracy e.g. Mini-mental state examination * The ability to speak English may be lost if it is a second or additional language as some people with dementia may revert back to their first language * The use of family as interpreters may breach confidentiality and cause conflict of interest issues. At the end of life: Many people can die from dementia;Read MoreHsc 30667101 Words   |  29 Pagesparticipation, inclusion Outcome 2 Understand the importance of a positive, person-centred approach to risk assessment 1. 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 forgottenRead MoreNursing Dilemmas And Mental Capacity Essay2240 Words   |  9 PagesMental Capacity is a complex topic and often health professionals tend to provide treatment which may be in the patient s best interests but not always in accordance with his will and preferences thus adhering to Personal-Centred Approach. Further will be discussed Assessment of capacity and risk assessment, The Principle of Best Interests, Deprivation of Liberty Safeguards(DOLS), accepting Advanced decisions if they are in place. Moral and ethical considerations asociated with mental capacityRead MoreRights And Choices Of An Individual With Dementia917 Words   |  4 Pageslegislation that relates to the fulfilment of ri ghts and choices and also minimises the risk of harm to an individual with dementia is: * Human Rights Act 1998 * Mental Capacity Act 2005 * Adults with Incapacity (Scotland) Act 2000 * Deprivation of Liberty safeguards (DOLS) * Mental Health Act 2007 * The Disability Discrimination Act 1995 * Safeguarding Vulnerable Groups Act 2006 * Carers (Equal opportunities) Act 2004 This legislation is there to protect individuals from harm and abuseRead More204 Cert Essay examples2562 Words   |  11 PagesTalking a lot and very fast or being unusually quiet. Appearing afraid or worried. Being concerned that care and support may not continue Financial – Shortage of money, reluctance to pay for things, complaining about price increases, unusual interest or lack of interest in their personal finances. Institutional – Individuals not eating properly, not dressing properly, not participating, staying in their rooms, not getting required attention and support, complaints from residents or family members. Dirty