Thursday, September 19, 2019
The Good Earth :: essays research papers
In The Good Earth, Pearl Buck describes the lifestyle and customs of the Chinese through the character of Wang Lung. She also shows the rise of a simple peasant to the enviable position of a wealthy landowner. At the beginning of the novel, Wang Lung, a poor farmer, is ready to marry O-Lan, a slave who is purchased from the great house of Hwang. She is a sturdy, silent woman who has immense resourcefulness. She is Wang Lung's helpmate throughout the book. Wang Lung and O-Lan, in the span of a few years, have five children. Wang Lung has always believed that the earth is a wonderful provider. When he manages to save some silver from his farming efforts, he decides to invest it in the good earth. He buys a parcel of land belonging to the House of Hwang. Wang's Uncle, who is lazy and evil, knows of his nephew's success and repeatedly comes to Wang to beg for help and food. It is the Chinese custom to help relatives, so Wang reluctantly aids him. Unfortunately, a famine strikes, and everyone, including the Wang family, suffers. The Uncle spreads the rumor that Wang is hoarding food and money, which causes the famished villages to plunder Wang's house; but they find nothing, for Wang is also starving and unable to provide for the basic needs of his family. As a result, Wang takes his family and flees to the South, where they eke out a living. Wang pulls a rickshaw through the streets to earn money. During Wang's stay in the South, the first rumbles of the revolution are heard. One day in Kiangsu, the angry peasants break down the gates of a huge mansion and enter it to plunder and pillage its riches. At first, Wang Lung is unable to steal anything; but when he sees the fat Lord clobbering the peasants, he picks up as much gold as he can and leaves. Wang returns to his homeland with his family. He keeps buying more and more land from the House of Hwang, which has now fallen into decay. As his children grow up, his life begins to prosper. Wang educates his first two sons. The eldest, Nun En, marries a girl from a well-bred family. The second son, Nun Wen, becomes a grain merchant. The third child, a daughter born during the famine, is retarded; Wang loves her dearly and affectionately calls her "poor fool.
Wednesday, September 18, 2019
Social Exchange Theory Essay -- essays research papers
               Social Exchange Theory 2 Application of: The Social Exchange Theory In everyday interactions people are always looking to have a positive experience among those with whom they interact. According to the Social Exchange theory, with each interaction an individual has with another, that individual attempts to maximize the positive outcomes and minimize the negative. The purpose of this paper is to apply the Social Exchange theory to an authentic real life situation to best illustrate the theory and the key concepts that it holds. In applying the social exchange theory from demonstration, to application, to then explanation, a better understanding in terms of the value of the theory will be shown, as well as the function that it has in everyday life. An episode that best characterizes the Social Exchange theory is one that involves my ex-girlfriend, and myself. We had been having our share of problems when, one day, every argument and disagreement we had culminated into this moment when everything just seemed to explode. She had been angry with me for having left San Diego to attend school in Santa Barbara and I was angry with her for her being angry. I wanted support, and instead, all I received was a guilt trip about how I was never there for her. After five minutes of talking, or rather complaining, we both agreed to disagree. In that instant the two of us had the realization, as many couples do, that it just was not working and the negatives far outweighed the positives. There was no minimizing the negative outcomes because everything had a negative ending. Later, the Social Exchange theory will be                                         Social Exchange Theory 3 applied to this episode, but for now it is best to comprehend how the Social Exchange theory works.                              To fully understand the Social Exchange theory is to understand its concept. The Social Exchange theory, as stated by Unger and Johns... ...;    With the use of applying this theory to an episode as a demonstration, an application, and then an explanation, it is easy to see how the Social Exchange theory is related to everyday situations. Not only can the theory be applied to amorous relationships, but to that of friendships. The utility of the theory is seen in just about every type of interaction and is key to better understanding why relationships, friendships, or any mutual interaction, for that matter, turn out being costly or rewarding.                                         Social Exchange Theory 8 References      Jennifer Unger & C. Anderson Johnson, â€Å"Explaining Exercise Behavior and Satisfaction with Social Exchange Theory,†Perceptual and Motor Skills 81 (1995): 603-608. West, Richard, & Turner, Lynn H. (2000). Introducing Communication Theory: Analysis and Application. Mountain View, CA: Mayfield publishing.      Social Exchange Theory Essay -- essays research papers                Social Exchange Theory 2 Application of: The Social Exchange Theory In everyday interactions people are always looking to have a positive experience among those with whom they interact. According to the Social Exchange theory, with each interaction an individual has with another, that individual attempts to maximize the positive outcomes and minimize the negative. The purpose of this paper is to apply the Social Exchange theory to an authentic real life situation to best illustrate the theory and the key concepts that it holds. In applying the social exchange theory from demonstration, to application, to then explanation, a better understanding in terms of the value of the theory will be shown, as well as the function that it has in everyday life. An episode that best characterizes the Social Exchange theory is one that involves my ex-girlfriend, and myself. We had been having our share of problems when, one day, every argument and disagreement we had culminated into this moment when everything just seemed to explode. She had been angry with me for having left San Diego to attend school in Santa Barbara and I was angry with her for her being angry. I wanted support, and instead, all I received was a guilt trip about how I was never there for her. After five minutes of talking, or rather complaining, we both agreed to disagree. In that instant the two of us had the realization, as many couples do, that it just was not working and the negatives far outweighed the positives. There was no minimizing the negative outcomes because everything had a negative ending. Later, the Social Exchange theory will be                                         Social Exchange Theory 3 applied to this episode, but for now it is best to comprehend how the Social Exchange theory works.                              To fully understand the Social Exchange theory is to understand its concept. The Social Exchange theory, as stated by Unger and Johns... ...;    With the use of applying this theory to an episode as a demonstration, an application, and then an explanation, it is easy to see how the Social Exchange theory is related to everyday situations. Not only can the theory be applied to amorous relationships, but to that of friendships. The utility of the theory is seen in just about every type of interaction and is key to better understanding why relationships, friendships, or any mutual interaction, for that matter, turn out being costly or rewarding.                                         Social Exchange Theory 8 References      Jennifer Unger & C. Anderson Johnson, â€Å"Explaining Exercise Behavior and Satisfaction with Social Exchange Theory,†Perceptual and Motor Skills 81 (1995): 603-608. West, Richard, & Turner, Lynn H. (2000). Introducing Communication Theory: Analysis and Application. Mountain View, CA: Mayfield publishing.     Â
Tuesday, September 17, 2019
Issues in special education Essay
Legal disputes between parents and school officials can be very costly. The cost is not just in dollars. It also involves costs in terms of the diversion of resources, the toll on school personnel, and, most importantly, the breakdown in the relationship between the parents and the school. The best way to deal with a legal dispute is to prevent it from occurring in the first place. In 1975 Congress passed landmark legislation designed to provide the nation’s students with disabilities with unprecedented access to educational services. Originally known as the Education for All Handicapped Children Act (1975), that legislation is now known by its new title, the Individuals with Disabilities Education Act (1997). The statute, as amended, calls for school districts to provide students with disabilities with an appropriate education in the least restrictive environment. The law also provides students with disabilities and their parents with due process rights, including the right to contest school district decisions regarding the provision of a free appropriate public education. Consequently, since the enactment of the law in 1975, literally thousands of lawsuits have been filed challenging school district decisions. The IDEA is not the only law governing special education in the schools. In addition, section 504 of the Rehabilitation Act and the ADA provide students with disabilities with additional protections. Section 504 prohibits discrimination against individuals with disabilities by recipients of federal funds. The ADA expands section 504’s discrimination prohibition to the private sector, but includes provisions applicable to public entities. In addition, all states currently have laws governing the provision of special education. Procedural issues Evaluation and Classification The IDEA requires states, and consequently school districts, to establish procedures to assure that all students with disabilities are properly identified and evaluated (IDEA, Â § 1412, a, 2, 1997). Those procedures, along with the test instruments chosen, may not be culturally or racially biased. In fact, students whose language or mode of communication is not English, must be evaluated in their native language or usual mode of communication (IDEA, Â § 1414, b, 3, 1997). The IDEA stipulates that all assessments are to be administered by trained personnel in conformance with the instructions provided by the test producer (IDEA, Â § 1414, b, 2, 1997). If a student is found to be eligible for special education, the school district is required to develop an individualized education program (IEP) for that child, but the IEP can be invalidated if it is based on a flawed evaluation of the child (Bonadonna v. Cooperman, 1985). The student is entitled to an independent evaluation if the parents disagree with the school district’s evaluation. However, the school district is required to pay for the independent evaluation only if the parents can show that the district’s evaluation was not appropriate. If the parents do obtain an independent evaluation, the school district must consider the results of that evaluation (Assistance to the States, Â § 300. 503, 1999). However, that does not mean that the school district must adopt the recommendations of the independent evaluator (G. D. v. Westmoreland School District, 1991). Rights of Parents and Guardians Parents are given considerable due process rights on behalf of their children in the special education process. The intent of the IDEAis for them to become partners with school district personnel in the development of IEPs. The school district must provide the parents with proper notice before it proposes to take any action regarding the child’s identification or placement (IDEA, Â § 1415, b, 3, 1997). The parents must be invited to participate in all meetings in which the student’s evaluation or placement will be considered (Assistance to the States, Â § 300.345, 1999). If the parents disagree with any decisions made by school district personnel, they may seek resolution either through voluntary mediation or an administrative due process hearing. If the parents disagree with the final result of the administrative hearing process, they may appeal to the federal or state courts (IDEA, Â § 1415, 1997). Failure to provide parents with the rights outlined in the IDEA can invalidate an otherwise appropriate IEP (Osborne, 1996). Change in Placement Procedures Once a child has been placed in special education, that placement may not be arbitrarily changed. Again, before any change in placement may occur, the parents must be given proper notification. The child’s placement also may not be changed while any administrative due process or judicial proceedings are pending absent parental consent or a court order (IDEA, Â § 1415, j, 1997). The actual determination of what constitutes a change in placement can be tricky. For example, if a special education classroom was physically moved from one school to another as part of a school district reorganization, that would not be considered a change in placement as long as the student’s IEP could be fully implemented in the new location. By the same token, the usual movement of a student from one level to another (i. e. , elementary to middle school) is not a change in placement if the student’s IEP can be fully implemented after the change (Osborne, 1996). However, any move that would affect the IEP or its implementation would be considered a change in placement. Obviously, changing a child from a resource room situation to a substantially separate class for students with behavioral disorders would be a change in placement. The elimination of a component of the student’s educational program would also constitute a change in placement (Abney v. District of Columbia, 1988). Minor changes are allowable, however. The key to determining whether or not the change is acceptable is how the modification will affect the student’s learning (DeLeon v. Susquehanna Community School District, 1984).
Monday, September 16, 2019
History of Cricket Essay
Origin No one knows when or where cricket began but there is a body of evidence, much of it circumstantial, that strongly suggests the game was devised during Saxon or Norman times by children living in the Weald. It is generally believed that cricket survived as a children’s game. Adult participation is unknown before the early 17th century. Possibly cricket was derived from bowls Derivation of the name of â€Å"cricket†A number of words are thought to be possible sources for the term â€Å"cricket†. In the earliest known reference to the sport in 1598 (see below), it is called creckett. The name may have been derived from the Middle Dutch krick(-e), meaning a stick; or the Old English cricc or cryce meaning a crutch or staff.[2] Another possible source is the Middle Dutch word krickstoel, meaning a long low stool used for kneeling in church and which resembled the long low wicket with two stumps used in early cricket. Early 17th century Gambling and press coverage Cricket certainly thrived after the Restoration in 1660 and is believed to have first attracted gamblers making large bets at this time. In 1664, the â€Å"Cavalier†Parliament passed the Gaming Act 1664 which limited stakes to  £100.With freedom of the press having been granted in 1696, cricket for the first time could be reported in the newspapers. During the first half of the 18th century, press reports tended to focus on the betting rather than on the play 18th-century cricket Patronage and players Gambling introduced the first patrons because some of the gamblers decided to strengthen their bets by forming their own teams and it is believed the first â€Å"county teams†were formed in the aftermath of the Restoration in 1660, especially as members of the nobility were employing â€Å"local experts†from village cricket as the earliest professionals.[5] Cricket moves out of England Cricket was introduced to North America via the English colonies in the 17th century,[4] probably before it had even reached the north of England. In the 18th century it arrived in other parts of the globe. It was introduced to the West Indies by colonists[4] and to India by British East India Company mariners in the first half of the century. It arrived in Australia almost as soon as colonization began in 1788. New Zealand and South Africa followed in the early years of the 19th century.[5] Development of the Laws In 1744, the Laws of Cricket were codified for the first time and then amended in 1774, when innovations such as lbw, middle stump and maximum bat width were added. These laws stated that the principals shall choose from amongst the gentlemen present two umpires who shall absolutely decide all disputes. Cricket and crisis Cricket faced its first real crisis during the 18th century when major matches virtually ceased during the Seven Years War. This was largely due to shortage of players and lack of investment. But the game survived.Cricket faced another major crisis at the beginning of the 19th century when a cessation of major matches occurred during the culminating period of the Napoleonic Wars. Again, the causes were shortage of players and lack of investment. But, as in the 1760s, the game survived and a slow recovery began in 1815. In the 1820s, cricket faced a major crisis of its own making as the campaign to allow roundarm bowling gathered pace. 19th-century cricket International cricket begins The first ever international cricket game was between the USA and Canada in 1844. In 1859, a team of leading English professionals set off to North America on the first-ever overseas tourIn 1877, an England touring team in Australia played two matches against full Australian XIs that are now regarded as the inaugural Test matches. South Africa became the third Test nation in 1889 20th-century cricket When the Imperial Cricket Conference (as it was originally called) was founded in 1909, only England, Australia and South Africa were members. India, West Indies and New Zealand became Test nations before the Second World War and Pakistan soon afterwards in the closing years of the 20th century, three affiliate nations became Test nations also: Sri Lanka, Zimbabwe and Bangladesh. Limited-overs cricket In the 1960s, English county teams began playing a version of cricket with games of only one innings each and a maximum number of overs per innings. Starting in 1963 as a knockout competition only, limited overs grew in popularity and in 1969 a national league was created which consequently caused a reduction in the number of matches in the County Championship. The first limited overs international match took place at Melbourne Cricket Ground in 1971. It was tried simply as an experiment and to give the players some exercise, but turned out to be immensely popular. Limited overs internationals (LOIs or ODIs, after one-day Internationals) have since grown to become a massively popular form of the game The International Cricket Council reacted to this development by organising the first Cricket World Cup in England in 1975, with all the Test playing nations taking part. Increasing use of technology Innovative techniques that were originally introduced for coverage of LOI matches were soon adopted for Test coverage. The innovations included presentation of in-depth statistics and graphical analysis, placing miniature cameras in the stumps, multiple usage of cameras to provide shots from several locations around the ground, high speed photography and computer graphics technology enabling television viewers to study the course of a delivery and help them understand an umpire’s decision. In 1992, the use of a third umpire to adjudicate runout appeals with television replays was introduced in the Test series between South Africa and India. The third umpire’s duties have subsequently expanded to include decisions on other aspects of play such as stumpings, catches and boundaries 21st-century cricket Cricket remains a major world sport in terms of participants, spectators and media interest. The ICC has expanded its development programme with the goal of producing more national teams capable of competing at Test level. Development efforts are focused on African and Asian nations; and on the United States. In 2004, the ICC Intercontinental Cup brought first-class cricket to 12 nations, mostly for the first time. In June 2001, the ICC introduced a â€Å"Test Championship Table†and, in October 2002, a â€Å"One-day International Championship Table†. Australia has consistently topped both these tables in the 2000s. Cricket’s newest innovation is Twenty20, essentially an evening entertainment. It has so far enjoyed enormous popularity and has attracted large attendances at matches as well as good TV audience ratings. The inaugural ICC Twenty20 World Cup tournament was held in 2007 with a follow-up event in 2009. The formation of Twenty20 leagues in India – the unofficial Indian Cricket League, which started in 2007, and the official Indian Premier League, starting in 2008 – raised much speculation in the cricketing press about their effect on the future of cricket.[15][16][17][18] LAWS OF CRICKET Law 1: A cricket team consists of eleven players, including a captain. Law 2: a substitute may be brought on for an injured fielder but he can’t bat , bowl , act as captain or keep wicket Law 3: There are two umpires, who apply the Laws, make all necessary decisions, and relay the decisions to the scorers. In higher level cricket there is a third umpire Law 4:. There are two scorers who respond to the umpires’ signals and keep the score. Law 5: A cricket ball is between 8 13/16 and 9 inches (22.4 cm and 22.9 cm) in circumference, and weighs between 5.5 and 5.75 ouncesOnly one ball is used at a time, unless it is lost, when it is replaced with a ball of similar wear. Law 6: The bat. The bat is no more than 38 inches (97 cm) in length, and no more than 4.25 inches (10.8 cm) wide. The hand or glove holding the bat is considered part of the bat. the blade of the bat must be made of wood Law 7: . The pitch is a rectangular area of the ground 22 yards (20 m) long and 10 ft (3.0 m) wide. Law 8: . The wicket consists of three wooden stumps that are 28 inches (71 cm) tall. The stumps are placed along the batting crease with equal distances between each stump. They are positioned so they are 9 inches (23 cm) wide. Two wooden bails are placed on top of the stumps. The bails must not project more than 0.5 inches (1.3 cm) above the stumps, and must, for men’s cricket, be 45â „16 inches (10.95 cm) long.. Law 9: Each bowling crease should be 8 feet 8 inches (2.64 m) in length, centred on the middle stump at each end. The popping crease, which determines whether a batsman is in his ground or not, and which is used in determining front-foot no balls (see law 24), is drawn at each end of the pitch in front of each of the two sets of stumps. The popping crease must be 4 feet (1.2 m) in front of and parallel to the bowling crease The return creases lie perpendicular to the popping crease and the bowling crease, 4 feet 4 inches. Law 10: the rules governing how pitches should be prepared, mown, rolled, and maintained. Law 11: The pitch must be covered before play to protect it from due and rain. Law 12: Before the game, the teams agree whether it is to be over one or two innings, and whether either or both innings are to be limited by time or by overs. Law 13: In a two innings match, if the side batting second scores substantially fewer runs than the side batting first, the side that batted first can force their opponents to bat again immediately. Law 14: The batting captain can declare an innings closed at any time when the ball is dead. He may also forfeit his innings before it has started. Law 15: There are intervals between each day’s play, a ten-minute interval between innings, and lunch, tea and drinks interval s. There are also provisions for moving the intervals and interval lengths in certain situations. Law 16: Play after an interval commences with the umpire’s call of â€Å"Play†, and at the end of a session by â€Å"Time†. Law 17: There may be no batting or bowling practice on the pitch except before the day’s play starts and after the day’s play has ended. Law 18:. Runs are scored when the two batsmen run to each other’s end of the pitch. Law 19:. If the ball is hit into or past this boundary, four runs are scored, or six runs if the ball didn’t hit the ground before crossing the boundary. Law 20: If a ball in play is lost or cannot be recovered, the fielding side can call â€Å"lost ball†. The batting side keeps any penalty runs. Law 21: The side which scores the most runs wins the match. Law 22:. An over consists of six balls bowled, excluding wides and no balls. A bowler may not bowl two consecutive overs. Law 23:. The ball comes into play when the bowler begins his run up, and becomes dead when all the action from that ball is over. Once the ball is dead, no runs can be scored and no batsmen can be dismissed. Law 24: if the bowler bowls from the wrong place; or if he straightens his elbow during the delivery; or if the bowling is dangerous; or if the ball bounces more than twice or rolls along the ground before reaching the batsman; or if the fielders are standing in illegal places, a ball can be called no ball.. Law 25:. An umpire calls a ball â€Å"wide†if, in his or her opinion, the batsman did not have a reasonable opportunity to score off the ball. A ball is called wide when the bowler bowls a bouncer that goes over the head of the batsman Law 26:. If a ball passes the striker and runs are scored, they are called byes. If a ball that is not a no ball h its the striker but not the bat and runs are scored, they are called leg-byes. Law 27: If the fielders believe a batsman is out, they may ask the umpire â€Å"How’s That?†, commonly shouted emphatically with arms raised, before the next ball is bowled. The fielding side must appeal for all dismissals. Law 28: Several methods of being out occur when the wicket is put down. Law 29: The batsmen can be run out or stumped if they are out of their ground. Law 30: A batsman is out if his wicket is put down by a ball delivered by the bowler. Law 31: An incoming batsman must be ready to face a ball within 3 minutes of the outgoing batsman being dismissed, otherwise the incoming batsman will be out. Law 32: If a ball hits the bat or the and is then caught by the opposition within the field of play before the ball bounces, then the batsman is out. Law 33: If a batsman willfully handles the ball with a hand that is not touching the bat without the consent of the opposition, he is out. Law 34: If a batsman hits the ball twice, other than for the sole purpose of protecting his wicket or with the consent of the opposition, he is out. Law 35: If, after the bowler has entered his delivery stride and while the ball is in play, a Law 36: If the ball hits the batsman without first hitting the bat, but would have hit the wicket if the batsman was not there, and the ball does not pitch on the leg side of the wicket, the batsman will be out. Law 37: If a batsman willfully obstructs the opposition by word or action, he is out. Law 38: A batsman is out if at any time while the ball is in play no part of his bat or person is grounded behind the popping crease and his wicket is fairly put down by the opposing side. Law 39: A batsman is out when the wicket-keeper puts down the wicket, while the batsman is out of his crease and not attempting a run. Law 40: The keeper is a designated man from the bowling side allowed to stand behind the stumps of the batsman. He is the only player from his side allowed to wear gloves and external leg guards. Law 41: A fielder is any of the eleven cricketers from the bowling side.
Sunday, September 15, 2019
About Negativity Essay
And you stare at it happen, as it happens right in front of you, and say no. Just, no. It can’t work out like this. It’s not supposed to end like this. In what kind of fucked up story does the bad guy win? In what kind of story does the victim end up in disbelief that she never got the justice she deserved. That’s when you realize you’re the villain. But no, the other person’s not innocent either, they’re the villain too. They’re worse than you, but you’re still the villain, because you let it get this way. Everything’s your fault. And you hate everyone. And you hate yourself. And you hate everything. And your so filled with hate that you just want to end it all. And then you realize that if you do that, you’ll be hated even more, and that realization makes you hate them more, and there’s just so much fucking hate and no way to end it. And that hate turns into sorrow and confusion and pointlessness, and it’s endless really. And it’s as blunt as I just put it because there’s no other way to express yourself lyrically when you’re that upset. And in all the hate you feel homicidal, suicidal, maniac, and repulsive. And there’s no way out. See more: Examples of satire in adventures of huckfinn essay And there’s no one to help you, because you’re too embarrassed to share these repulsive feelings with anyone but yourself. And you’re your only companion, but it doesn’t matter because you’re used to it being that way. And you’re shaking, shivering, bawling in your loneliness, not feeling sorry for yourself like your accused of but hating yourself. No. It can’t be like this, the villain doesn’t feel this way. But the victim doesn’t hate this way. And you find the devil’s in your thoughts, and you’re nothing but a victim of yourself. And the cycle of hatred†¦ it starts again.
Saturday, September 14, 2019
DICOM VS Captiva Case Study Essay
1. What are the key business success factors and risks for DICOM and Captiva? DICOM is a Swiss company that has sales in Europe, Asia, and the United States. They provide services ranging from structured, semi-structured, and unstructured information capture products. DICOM also sells hardware, primarily scanners, through its group sales force. DICOM has differentiated their product offering for the different regions that it operates. And the products that are provided are developed through research and development and also acquisitions. This allows DICOM to provide a diverse set of products that can cover many markets and many different users. DICOM operates in the U.S. under Kofax capture software that was bought in 2004 and primarily offers the information capture software’s to their consumers. There are risks in this industry. DICOM operates in many different markets and is subject to inflation, interest, and foreign currency risks. DICOM operates in three different geographic segments that are managed independently of each other. Each market has their own inherent risks and DICOM needs to be aware of every possible circumstance in order to remain prosperous. Captiva Corporation is a U.S. based company that provides similar services as DICOM. Captiva sells structure, semi-structured, and unstructured information capture products, but also sells hardware. Captiva uses its own research and development, as well as strategic acquisitions to provide customers with the different types of information capture products. Captiva sells primarily in the United States, but is able to sell in the areas of insurance, financial services, technology, government, and manufacturing. Involvement in so many distinct markets allows Captiva to hedge their risks better against harsh economic times and different interest rate risks. Additionally, Captiva has a large chain of resellers, which accounts for nearly 39% of revenues. Future profits will best be achieved by leveraging to existing customer base, increase reseller sales, moving into new markets, and broadening the product offering. But like DICOM, Captiva has business risks that they need to be aware of in their industry. Captiva has 80% of their sales in the United and States and cannot hedge their risks if a crisis develops in that country. Captiva has a large amount of revenues coming from resellers and a drop in this segment could lose the company millions. 2. Do the financial statements for the two firms enable you to compare their performance? If not, what changes need to be made to ensure comparability? The financial statements are for two different governmental requirements from two different countries. DICOM operates under the European system of IFRS and Captiva operates under GAAP. With this said, just looking at the financial statements makes it extremely difficult to determine performance. To be able to make a comparison between the two companies easier, their needs to be a reconciliation of the two different accounting systems. IFRS and GAAP need to be put together to form one individual accounting entity. What exactly need to be changed are the standards. When looking at the balance sheet, you are able to see just how different the systems operate. In GAAP, cash is the first line, but in IFRS Fixed assets are the first line. Changing to a consolidated system would allow for the best way to make an accurate comparison between t wo firms in different geographical regions. 3. What financial ratios would you use to judge performance of DICOM and Captiva? How do they compare on these dimensions? The financial ratio used to give us a better assessment of performance is return on equity. Return on equity is the amount of income earned from shareholder investments. And this gives us a look at how much money a company is able to generate from their shareholders. Return on equity is profit margin X asset turnover X financial leverage. The table below shows the ROE for the two companies in the periods of 2003 and 2004. As we can tell from the chart, Captiva earns more money per dollar of shareholder investment than DICOM. To further get a better understanding of the companies, we can use financial, liquidity, and debt ratios to measure performance. DICOM has a better return on assets than Captiva, but not by much. So, we can determine that they both are similar in this area. Captiva has higher gross margins and lower debt than DICOM. So, it is predictable that Captiva has access to money faster and can leverage this pool of resources to invest in R&D and acquiring new companies. 4. Which company do you rate as the better investment? WHY? Both companies are in a fast paced, technology based industry. Before investing, you need to do the proper due diligence into all functions of the business before investing. In this case, it is decided that we would invest in Captiva. Captiva is a U.S. based company that is diversified into many different sectors. They sell to government, insurance, technology, and manufacturing. This would help them hedge against economic risks. Captiva is also not as affected by inflation, currency, and interest rate risk as DICOM. Captiva also is currently providing a higher return on equity on their investments. This shows that the money that is provided is being used efficiently. Captiva seems to be doing well in the U.S. domestic market and has a secondary reseller section that provides stability and consistent revenues. Captiva seems to be the company that can provide the growth and sufficient returns on investments that we are currently look for.
Assignment: Law practical writing
Assignment: Law practical writing March 20, 2015 xxxx Dear Mr Carlos Santiago, Mr Alfonso Ribeira owns one hectare land, which he uses for producing ethical foie gras. He does this by using a method of forced-feeding geese. Ethical foie gras is produced by making use of the natural instinct of geese to eat the wild yellow lupines seeds in the winter months. Which is then used for the production of foie gras. Due to the conduct of which occurred on 1 December 2014 – when insecticide was applied on my client’s property by the defendant Mr. Carlos Santiago – my client, Mr Alfonso Ribeira, has suffered losses both towards his geese and his business. Therefore I hereby demand, on behalf of my client Mr. Alfonso Ribeira, a sum of (approximately) ‘10.000,- to compensate these loss(es). This liability is based on the basic rule for tort liability in the Draft Common Frame of Reference (DCFR) found in Art. 1:101, (1): †A person who suffers legally relevant damage has a right to reparation from a person who caused the damage ‘intentionally’ or ‘negligently’ or is otherwise accountable for the ‘causation’ of damage.†The demand has been established on the basis of negligence and causation, which has lead to legally relevant damages. These actions are the following: You were aware of Mr Alfonso Rebeira’s business on his hectare; The insecticide comes with a precaution measure, on when and how to use it – making it evident that it should not be applied on windy days – for which you have ignored. The insecticide was blown on the lupin seeds. You were fully aware that the geese were eating the seeds, and that this would cause in their death, yet no warning was given to your neighbor at the time that the product was sprayed. The death of the geese has caused damage to Mr Alfonso Rebeira’s business and therefore an economic detriment. The fact that you used the insecticide on a day which was prescribed NOT to use, has led to the chain of liable activities. The decision to use the insecticide on a windy day has resulted in negligent behavior, according to Article 3:102: ‘A person causes legally relevant damage negligently when that person causes the damage by conduct. Does not meet the particular standard of care provided by a statutory provision whose purpose is the protection of the person suffering the damage from that damage. Does not otherwise amount to such care as could be expected from a reasonably careful person in the circumstances of the case’ On the one hand you have followed the statutory regulations by applying the insecticide between the required months, as stated in the regional Insecticide Regulation (2008). On the other hand you did not amount to the expected care when you sprayed the insecticide on a windy day regardless of the warning stated on the label. Therefore you have not met the standard stated in Article 3:102 (b). This makes you liable for negligence. Regarding the insecticide regulation, you have had enough time to use the product on a windless day between the months. Furthermore, since you have had more than enough time to spray the insecticide on a windless day after the 1st of December, you have acted negligently. The activity that occurred negligently: on 1 December 2014, (the defendant) Carlos Santiago applied an insecticide to his young olive trees in accordance with the regional Insecticide Regulation (2008) which stated: * Insecticide can be applied only from 1 May to 1 January at the discretion of the user. The label on the insecticide prescribed the following precaution; To spray the insecticide on windless days. Art. 4:101, (1) (1) A person causes legally relevant damage to another if the damage is to be regarded as a consequence of: ‘ (a) That person’s conduct; or ‘ (b) a source of danger for which that person is responsible (2) In cases of personal injury or death the injured persons’ predisposition with respect to the type or extent of the injury sustained is to be disregarded negligence DCFR: Article3:102 Negligence ‘Apersoncauseslegallyrelevantdamagenegligentlywhenthatpersoncausesthedamagebyconductwhicheither: (a)Doesnotmeettheparticularstandardofcareprovidedbyastatutoryprovisionwhosepurposeistheprotectionofthepersonsufferingthedamagefromthatdamage; (b)Doesnototherwiseamounttosuchcareascouldbeexpectedfromareasonablycarefulpersoninthecircumstancesofthecase’ issue rule analyses application conclusion Alfonso Ribeira started a business producing ethical foie gras. – Carlos owns the adjacent hectare. (Ethical foie gras is produced by making use of the natural instinct of geese to eat acorns, different types of grasses and the wild yellow lupines seeds in the winter months) On 1 December 2014, Carlos applied an insecticide to his young olive trees in accordance with the regional Insecticide Regulation (2008). Insecticide can be applied only from 1 May to 1 January at the discretion of the user. here is light wind in these months and therefore the toxic product does not easily spread to neighboring fields. The product labels also warn users to spray the insecticide on windless days. On 1 December 2014 a strong wind hit the region. Carlos, carried out his plan to spray his trees on that day. The yellow lupines were exposed for a few days to the insecticide. Result: 50 geese died because they ate the seeds of the yellow lupines.
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