How to write reflection paper
Argument Essay Topics
Friday, September 4, 2020
To What Extent Was the Advent of Renaissance Architecture in Britain a Essay
How much Was the Advent of Renaissance Architecture in Britain a Result of the Stuart Court and Monarchy - Essay Example The renaissance occurred at various occasions in various pieces of the world. At whatever point Renaissance is referenced, it must be recollected that it has to do with the cognizant recovery of specific parts of the way of life of antiquated Greek and old Roman social orders. As far as time period and request of event, renaissance design came after Gothic writing. A portion of the distinctive highlights of renaissance engineering (like old style design) incorporate exactness of estimation and extent and balance. Every one of these highlights additionally occurred during the British Renaissance. Renaissance got to Britain during the rule of Elizabeth I. Its approach in Britain can be said to have been impacted by Stuart courts and Monarchy. One must not anyway neglect to understand that despite the fact that renaissance Britain was the resurrection of old style culture, the motivations behind the engineering impossible to miss to them two are for various reasons. One of the most sign ificant traits of the Stuart government is that they brought to Britain, during their rule, impacts from all over Europe and even impacts from outside Europe. The ramifications of this is, the point at which one needs to think about their effect on British Architecture, it implies by implication that one is to think about the impact of different societies on British Architecture. At the point when the Stuarts were administering Britain, the nation turned into a conduit for the engineering plans that were begun in different pieces of the world. In reality, renaissance was not to the British. The resurrection that occurred in Britain was just the immediate outcome of the occasions that had occurred and happened before in Italy and France. In any case, if there was never the Greek or Roman human advancement, there could never have been in any way similar to Renaissance in any piece of the world, let alone in Britain. 1 The substance of the sum total of what that has been previously men tioned is that if the Stuarts rulers had not been so neighborly to expressions of the human experience or in the event that they had not invited the building structures from different pieces of the world, the thought of renaissance Britain might not have been conceivable in the primary occurrence. 3 Some of the impacts that the Stuarts took on incorporate those from the Netherlands, France, Germany and Italy. At that point, the impact of different climes was such a great amount of that in a solitary structure the structure plans of beyond what one nation can be consolidated. For instance, the plan of the French and the Italians might be joined in the British Renaissance Architecture configuration style and this is because of the way that the Stuarts really consolidated the structures of the French and the Italians in embellishment the British Renaissance Architecture into what it became. The impact of the Stuart government might be supposed to be generally prominent during the Eliza bethan time frame which denoted the start of Renaissance in Britain. The round curve which was one of the ensigns of the engineering that rose during the rule of the Stuart government likewise reemerged during the Elizabethan period.1 Yet it doesn't nullify the way that the Elizabethan period itself had highlights that were self-created. One of the highlights of the engineering of the Elizabethans that shows that not all the building structures of the period were an immediate impact of the Stuart government is the way that most windows and entryways during the period were round-headed. Then again, as it was during
Tuesday, August 25, 2020
Fedex Express In Vietnam Commerce Essay
Fedex Express In Vietnam Commerce Essay This theory plans to assess and define business technique for FedEx Express in Vietnam to additionally advance the companys upper hands. Fred R. Davids Comprehensive vital administration Model is utilized for this vital detailing. At the principal phase of this procedure, FedEx Vietnam quantitative assessments of interior, outer situations and its Competitive Ability Profile are made. A key gathering of five directors and pros who are proficient in air express transportation industry is shaped up to decide variables of every grid and weight/score of each characteristics of these segments. Information from this info stage shows the companys Internal Factor score shows companys most fragile focuses are working under organization contract. FedEx External Factor score uncovers the organization is receptive to outer condition. Anyway the degree of responsiveness to contenders and organization style in Vietnam isn't high. In Competitive Profile Matrix, FedEx positions the second situation among the four market pioneers. The zones that organization needs to investigate for development is client assistance and advertising. With the information from input stage, SWOT framework and Grand procedure network are utilized to figure every single pertinent technique. At conclusive phase of the definition procedure, every single elective technique that were chosen in coordinating stage are placed in Qualitative Strategic Planning Matrix (QSPM) to figure out which methodologies out of given elective systems are increasingly alluring. With the outcome, the proposition goes to some prescribed strategies for some key capacities to actualize the two chose systems for FedEx in Vietnam. Method of reasoning THE RESEARCH As a foundation administration, air express transportation playing increasingly more significant job in the worldwide economy. In Vietnam, the financial blasting and emotional development of global exchange bring extremely levels of popularity for air express transportation. This interest is basic in the two terms of transportation limit and nature of administration. Being in Vietnam for over 17 years, FedEx Express the world driving air express transportation organization, has been working under office contract with Seabornes Logistic. This plan of action gave FedEx an amazing access to Vietnam advertise at fire up. Anyway after over 17 years of advancement, in new business setting with more grounded rivalry and higher client request the organization is looking with following difficulties: Hole between client needs and the capacity of the activity group Different client interest for esteem included help versus the current center items Harder rivalry from fundamental contenders This circumstance requires FedEx VN to audit its technique for vital modification so as to keep up the great development and consistently extend its piece of the pie. What's more, that is my motivation to pick this point for my postulation. Exploration OBJECTIVES The exploration has 3 primary destinations: Survey technique definition models and speculations that are relevant to the commonsense business. Assess FedExs rivalry capacity with regards to Vietnam air express industry. The exploration will propose suggestions for FedEx business system in Vietnam from now to the year 2018. This exploration will address the accompanying inquiries: Why FedEx need to change its business procedure in Viet Nam? What is alluring methodology for FedEx Vietnam to 2018? Examination METHODOLOGY Fred R. Davids methodology detailing structure is utilized for the system assessment and determination. The model incorporates three phases: input stage, coordinating stage and choice stage. In the info stage, a group of tacticians with cooperation of fifteen individuals from territorial and FedEx Express Vietnam deals, promoting, client support and activity the board was framed up. The group talked about and concurred on list for interior variables (for Internal Factor Evaluation IFE Matrix), outer components (for External Factor Evaluation EFE framework) and key achievement factors (for Competitiveness Profile Matrix). After the three frameworks made, individuals from the group score weight and pace of every segment factor freely. The aggregate IFE, EFE and CPM are made up by normal the score from each colleague. These frameworks at that point are brought to group conversation for conclusive audit and remark. Optional information from FedEx profiles, industry overviews/reports and related data from Internet was utilized for the group examination and assessment. In the coordinating stage, result of the information stage is utilized to produce attainable elective methodologies. SWOT network and Grand Strategy Matrix are the two procedures in this stage. Consequence of coordinating stage is a solidified work sheet with every elective methodology. The methodologies which are relevant in the two lattices are gotten for examination in Quantitative Strategic Planning Matrix (QSPM). In QSPM specialist can figure out which procedure is generally alluring to the firm base on appealing score. This is the last phase of the procedure. Degree AND LIMITATIONS The examination is for business technique of FedEx Express in Vietnam from now to 2018. Anyway key administration is a nonstop procedure containing of technique detailing, execution and assessment. In any case, in the extent of this exploration, the postulation will concentrate on some business procedures proposal for FedEx Express Vietnam as it were. Given the extent of the proposal, detail execution plan and assessment/input for ceaseless improvement which are similarly critical to guarantee an effective procedure were not profoundly referenced in the examination. Without assessment and input, the executives can't get all workers engaged with the vital administration process and henceforth can't exploit the procedure. Section I: THEORICAL FRAMEWORK Technique and Business Strategy Definitions Technique is certifiably not another idea. In present day economy, when discussing business, methodology is normally the principal thing to be referenced. It is considered as foundation of business which decides disappointment or accomplishment of a firm. Thereve been a great deal of definitions by researchers and specialists over the world. In an article What is technique? on Havard Business Review in 1996â [1]â , Micheal E. Doorman characterized methodology as making fit among a companys exercises. The achievement of a system relies upon doing numerous things well not only a couple and incorporating among them. On the off chance that there is no fit among exercises, there is no unmistakable methodology and little supportability. As to procedure, a definition by Kenneth R. Andrews in 1998â [2]â supposed Corporate technique is the example of choices in an organization that decides and uncovers its targets, purposes and objectives and it creates the rule arrangements and plans for accomplishing those objectives, and characterizes the scope of business the organization is to seek after. Procedure additionally characterizes the sort of financial and human commitment it plans to make to investors, representatives, clients and networks. Another definition by John A. Pearce in 2000, a procedure reflects companys consciousness of how, when and where it ought to contend, against whom it ought to contend and for what reason it ought to contend. In totally referenced definitions, system and business methodology are nearly the equivalent in a corporate or business person scope. In this way, all in all, a business methodology characterizes how a business/firm will go to prevail in its industry and market against its rivals. In this way, it ought to speak to the manners in which that the administration can make to characterize and make sure about the eventual fate of that business. Specifically, a business system characterizes the extent of business, targets, offering esteems, upper hands to address client issues just as succeed now and later on. Moreover, a business system ought to incorporate the two targets to be practiced and the activities must be done to follow that course. Business Strategy Management Business methodology the executives is characterized as the arrangement of choices and activities that bring about the definition and usage of plan intended to accomplish a companys destinations. All in all, business technique the board procedure incorporates three stages: Figure 1: Strategy the board procedure Source: Strategic Management, Statistic Publishing House 2007â [3]â The detailing step incorporates examination of current circumstance, conjecture of future status to choose and set up a proper technique. Execution is a procedure to accomplish key target(s) by utilizing technique detailing that set out in past advance. To make the procedure functioning admirably, a significant advance is assess and modification. At this stage, the usage is broke down to check whether there is any territory that organizations need to change to make the technique increasingly versatile. Business system the executives helps undertaking unmistakably decides its destinations and how to document it. It is instrumental in documenting superior, financially savvy and activity arranged. With setting up of transient destinations in supporting for long haul ones, the procedure includes all individuals from the organization, from bleeding edge representative to senior administration level. This consequently will improve the firm to forestall inconveniences. Chief will get support from subordinates in determining of the key arranging and in checking of the usage stage. The contribution of workers in vital detailing likewise improves their insight into the profitability reward relationship in every single key arrangement henceforth, it elevates their inspiration. The technique the board likewise enables the firm better to adjust to changes of condition. The development of condition, particularly for those quick moving elements, regular makes open doors just as dangers to the firm. Nonstop key administration which expects administrators to investigate and conjecture of the close and far future situations, causes director to all the more likely oversee and make the best of chances while limit the hazard that firm may need to look with. In any case, business technique the executives procedure for the most part
Saturday, August 22, 2020
The United States (Foreign) policy towards Haiti Essay
The United States (Foreign) strategy towards Haiti - Essay Example The most extravagant 10% get 48% of the national pay while the least fortunate 10% gets under 1%. Over 70% of these settlers live in Florida and New York states. Haiti has been positioned as the most politically degenerate state in the world.3 The assessment structure significantly focuses on the essential wares created by workers while overlooking the entrepreneur class. This work will address the US international strategy towards Haiti as we attempt to set up the relations that have been there between the two nations. The article will rotate around the collaborations between the two nations to cover the inquiry in a neighborly way. Haiti picked up freedom from their French colonizers under the authority of Napoleon Bonaparte in January 1804. Anyway France didn't perceive their sovereign state until 1825 when Haiti paid 150 million gold francs to make up for lost property, slaves, land and gear France had utilized during the pilgrim era.4 Haiti needed to bear a monetary weight as high intrigue credits which was completely paid in 1947. Ostensibly the U.S movement arrangement on Haiti is harming. In 1957 Duvalier set up a fascism government which joined viciousness against political adversaries and imparting dread among residents using coercive force and dangers. U.S.A government suspended guide program towards Haiti in 1961 after claims surfaced that he had abused guide cash. Duvalierââ¬â¢s child Jean Claude acquired his fatherââ¬â¢s administration after his demise in 1971. His system dropped a portion of the coercive components that described his fatherââ¬â¢s administration. The United States in this way reestablished its guide program to Haiti in 1971. Duvalier was constrained into oust following quite a while of confusion in the nation after Pope John Paul II censured the regime.5 A temporary military government took control from 1986 to 1988 and another constitution authorized. This accommodated a chosen parliament, an
Software Quality Assesment Coursework Example | Topics and Well Written Essays - 1000 words
Programming Quality Assesment - Coursework Example This guarantees there is anticipation of any unanticipated deformities. When begun from the earliest starting point of the item fabricate, the included gatherings can talk with one another and comprehend the imperfections that emerge as they progress to a few phases of creation. Quality is a troublesome and extensive thought that consistently is controlled by a few elements. This could either be from the supernatural perspective that sees quality as a thought that is conspicuous however difficult to portray. From usersââ¬â¢ perspective quality is the capacity of an item to achieve its purpose behind being produced. Makers consider quality to be adhering to set down item capabilities. the items perspective that sees quality as been indeed the very same to with distinct highlights of a product lastly the worth based perspective that sees quality corresponding to how much the last client is willing and ready to pay to procure it. There are a few different ways that the nature of programming is guaranteed during assembling process (Tian 2005). These are: Programming Testing Programming testing is a deliberate procedure fundamentally committed to the discovery programming deserts. The item being fabricated is put to test under conditions that can be controlled. This could be in exceptional control rooms inside the organization premise uniquely intended for this kind of work. The fundamental explanation the makers guarantee that such a situation ought to be in a situation to be controlled is on the grounds that the makers mean to make a few situations whereby things turn out badly when they shouldn't and afterward they discover approaches to manage the issue. Programming Verification and Validation The confirmation procedure is embraced with the goal that the item is freed from unanticipated glitches directly before the testing procedure begins. Confirmation is comprised of assessments, gatherings, surveying plans, strategies, check ups, particulars among different subtleties. Then again, approval comes following approval and is the unequivocal examinatio n of the item to build up its deficiencies that may emerge because of breakdowns. Experiment An experiment is a record that plots the commitments, activities or occasions and the plausible responses of programming. This helps the makers/software engineers to see if all parts of the items are in the normal working status. This archive contains s points of interest, for example, the experiment identifier, name, reason, test conditions, system just as the normal results. Great Design A decent structure is accomplished when the general make up of the item is reasonable, easily customizable and simple to safeguard. The ideal structure of an item consistently depends on the last clients prerequisites. There are those items implied for business use therefore this are made more confused and exceptionally proficient than those implied for private/home use. Programming Inspection This is a procedure intended to reveal blemishes and issues particularly in records specifying details, coding, an d experiments among different issues (Rombach 1993). Understand that this procedure just distinguishes a hitch and advises the makers anyway it's anything but a procedure for amendment of such an issue. More often than not in programming quality checking methodology, it is practical. It is available to numerous spectators yet just a solitary peruser, mediator and a solitary individual for taking notes is required. Walkthrough This is an unconstrained and in private gathering that is intended for investigating the item. This is constantly gone to by the administration of the
Friday, August 21, 2020
The Art of Supervising Essay -- Business Management
Since the get-go there have been individuals who are pioneers and there are those that decide to be devotees. As a powerful pioneer, one must have certain characteristics and abilities that incorporate realizing how to rouse others to achieve an undertaking. This task will examine the job of a director in the multicultural society of today and the three qualities expected to turn into a viable chief. This task will incorporate the connection between chiefs, bosses, and workers and how these connections help with controlling associations in accomplishing their greatest potential and the significance of finding the correct representative to meet those objectives. In todayââ¬â¢s business world, directors must have a one of a kind range of abilities that incorporates having the option to discuss well with others, being able to adequately mentor others, understanding the elements of working through others, and having execution the board aptitudes that permits them to deal with changes in a positive way. The job of an administrator is like the job of a mother or father. Similarly as a mother or father sustains their kid to turn into as well as can be expected be, a chief does likewise with his/her workers. A boss who is focused on setting their representatives up for progress is basically a spotter, mentor, organizer, helper, mentor, and a pioneer for others to follow (Cassidy and Kreitner, 2010, p. 9). While there are various characteristics that a chief ought to have, there are three basic attributes that stand apart over the rest as I would like to think. These attributes are (1) enthusiastic knowledge, (2) being straightforward and moral, and (3) being able to acknowledge assorted variety. Passionate knowledge, or EQ as today is referred to, can be characterized as noncog... ... Works Cited Cassidy, C., Kreitner, R. (2010). Oversight: setting individuals up for progress. p. 8-199. Artisan, Gracious: South-Western Cengage Learning. Dumb, R. (2010). Inventive administration for tempestuous occasions. Part 1, p. 8. South-Western Cengage Learning. Recovered from http://www.ppt2txt.com/r/9d2a1ad4/ Mathis, R.L., and Jackson, J.H. (2012). Human Resource Management: Essential Perspectives (sixth ed.) p. 67-69. Artisan, OH: South-Western Cengage Learning. Moglia, T. (Creator). (1997). Overseeing for progress: A guide for chiefs. Recovered from http://site.ebrary.com/lib/ashford/Doc?id=10058839 Sterrett, E.A. (Creator). (2006). Managerââ¬â¢s pocket manual for passionate knowledge: From the executives to authority. Recovered from http://site.ebrary.com/lib/ashford/Doc?id=10379760
Thursday, August 6, 2020
Dear Job Seekers Stop Apologizing for the Experience You Dont Have
Dear Job Seekers Stop Apologizing for the Experience You Dont Have You have been job hunting for a while now.You have registered with several job boards but havenât gotten the kind of job you are qualified for. You talk to your friends, consult your family and even read around online.You finally realize the mistake you have been making all along.You have been looking for the job that fits your qualifications. Unfortunately, you got none.Why?Job requirements are not tailored to your qualifications but to the employerâs requirements. It is them who are having a vacancy they want to fill. As such, they know the kind of person they want.As though a light bulb went on in your mind, you discover the truth your friend told you. He also shared with you his own story as an example though you didnât believe him.It is true however that if you wait to perfectly qualify for a job, you are likely to remain unemployed.To avoid this, you decide to change tack. But just so the hiring manager understands why you applied, you opt to explain yourself. You say tha t you recognize the requirement but since you are adequately skilled, you can do the job.Will you get hired?Not likely!Why hiring managers seek experienceHiring managers, and bosses in general, want to work with the best employees. Although great employees can be made by the company, they also exist naturally. Or they build themselves prior to getting hired.Those who come already made (made here meaning experienced), are more attractive to the employer.As it is said, experience is a pretty good teacher. When you handle a certain level of exposure and pressure, then you are likely to perform better. And better performers are what companies look for.This is basic reasoning that has proven true. For example, a HR candidate who has been the supervisor of a 20-man team stands better chances than one straight from college. The reason is simple: the one who has been a supervisor knows the practical basics of handling people.Although the other candidate may be more skilled, there is no way to prove that his skills are effective. They may as well be theoretic. He may be very skilled on paper but seriously lacking in practice. No manager will want to experience such a situation.To keep productivity high, candidates with work experience are usually more likely to be hired compared to those lacking experience. Itâs all about productivity. Saving time and lowering costs.IS WORK EXPERIENCE IMPORTANT?But is work experience really important? Is it worth ignoring the candidates who are quite skilled just because they lack the experience required?There are some managers who would consider candidates who arenât experienced but have a strong skills set. Others would not even look twice at a resume which doesnât show the experience they are looking for.At the heart of the matter, all hiring managers are human beings. And all humans have their unique inclinations and modes of operation. This is also seen in the HR decisions of different companies.Where some companies focus on maximum profits, others consider improving their employees. They will train their employees to strengthen them for their roles though the received training can also benefit their personal lives. These two differing views of business can easily dictate things like hiring decisions. They also dictate company policies.So the issue of importance is really dependent on who you ask. Still, a look around will tell you that experience is quite important.Does that mean that only those fulfilling all the requirements in the job description get hired?No, some of those who get hired lack experience too. They however come up with ways of showing themselves to be good enough, if not better, than the other candidates.When experience is importantGenerally speaking, there are some instances where work experience is very necessary. In those cases, your application will absolutely be rejected and frowned upon. It will be taken as an irrelevant application.And since there are many like those that reac h HR managers, it is one of the reasons many of them started looking to recruiting firms. At least that way, they wonât have to deal with too many resumes which donât even meet the basic requirements of the job. In other words, they wonât have to waste time.But just when is work experience important and critical? We look at some example situations below.1. When the company is looking for new growth â" this is a critical time for the company. Growth in business is a strategic move that has to not only be well considered but also implemented. As such, the company cannot afford to just pick anyone.Fortunately, this kind of situation is easy to spot even when the company has not openly declared it in the job post. Any position in the range of middle to top management should tell you that something is being done by the company and they really need experience.2. When facing financially-challenging times â" there are many times in the life of a business when finances need to be han dled more keenly. Not only when the times are tough, but also when the times are good. Good times can also see finances âdisappearingâ if the management isnât careful enough.But when the times are hard, serious decisions need to be made. The company needs someone who is adept at cutting costs without compromising on the quality of product or service delivery.This becomes more serious when the company does not want to rush into cutting down on employeeâs pay or increase the price of their products.Probably the company is spending excess money in some things without knowing it. Someone experienced can help identify the mistakes being made and save the company lots of trouble with both staff and customers.3. When a new department or team is being created â" teamwork is the current buzzword in most businesses. And it is for a good reason. Focusing on individual employees has proven to yield less results than when focusing on teams.It is easier and more efficient to leverage a t eamâs strength as opposed to the strengths of many individual people. When companies decide to develop new teams and realize that they donât have the right person to implement their idea, they look outside.At this point, they need someone who is not only a team leader but also a team builder. A builder experienced with the specific kind of a team they want to build. That becomes a very valid reason to seek experience.4. When seeking to fend off the competition â" in business, you can never be comfortable and think that your business will keep growing. Threats are always available. And if they arenât, then they are being created and will soon emerge sooner than later.As such, when a company seeks to hire people like marketing managers or PR managers, it is possible that they are looking for quick results. When the job description reads, âOnline marketing expert,â believe them. They are really looking for an experienced expert.It can also help to do a quick check on the ind ustry the company is in. You can easily get the latest news online to inform you of what is happening in that industry. Still, you can get more insights in the detailed job descriptions if provided.When experience is not importantIn some instances, the stated work experience is merely a preference. For the hiring manager, if someone sees it and decides not to apply, then their work has been made easier. They will have fewer options to consider. It is also possible that the candidate was not the best bet.Some of the job positions really do not need any experience. For example, what experience does a cleaner need? Or a messenger?Well, if the company decides that they need someone with experience, they can come up with reasons for that.For instance, for an office messenger, the reasons for experience could be that they need someone who knows town. Someone who would not waste time asking for directions or worse, deliver a package or letter to the wrong recipient.For a cleaner, it may be argued that someone who has experience cleaning offices will do it faster and better. They have handled offices and know how to take care of documents lying on desks, the floor etc.Ultimately, it comes down to the employer. If he decides he wants experience, he will ask for it. But as mentioned already, there may be, and usually is, an opportunity for someone inexperienced to land the job.Some of the situations in which you can comfortably apply without experience despite it being requested are:1. When the job requires no technical skills â" these are the kinds of jobs which anyone can do. They may be purely manual jobs like cargo loading, product checking/verification, office messenger, cook (as long as itâs not a hotel) etc.The jobs advertised in this case require doing things which you already know how to do. And if there is some special skill required, you can easily learn on the job. What you may need to do is learn the products being produced or something related.As such, go ahead and apply but steer clear of mentioning your lack of experience. Stick to communicating your ability to work. Also remember to pitch the skills you have which you believe are relevant to the job.2. When the vacancy being filled is an entry-level position â" quite similar to the situation above, entry-level positions are the least technical. More than that, they donât usually require much education qualification.This is normally the way to start a new career path when you lack education and experience in a certain field. So, if the position is an entry-level one, confidently apply. The video below gives you tips on how to go about the experience challenge. WHAT APOLOGIZING MEANSComing to the issue of apologies, you need to understand that you should steer clear. Do not think to yourself that since you can do the job, you can address the perceived weak point of experience.Remember one thing: an apology may mean one thing to you but a different thing to someone else.Sinceri ty is certainly a good trait to have. All the same, you need to express it in a different way. This does not mean that you are being insincere. This is about understanding the needs of the hiring manager as well as knowing what you have to offer.You have something that can cover up for the lack of âfull qualification.â Go ahead and list your transferable skills. Explain how you can use them to solve the problems the company has.WHAT APOLOGIZING IS TAKEN TO MEANBefore thinking that your sincerity will make you outshine the other candidates, read on to know what the hiring manager will think.The hiring manager is at a position where he is tasked with getting the best candidate. As such, he is under pressure to sift through the applications and use good judgment to make the right choice.Remember that he is also looking to be very efficient in the hiring process. He therefore desires to take the shortest time possible.When he then goes through a cover letter and reads words like, â Although I donât have the exact work experienceâ¦â, he is very likely to just stop reading. That means he will stop considering the writer, who happens to be you. This will be an application that wastes his time.Below are three things that will easily show up in a managerâs mind upon reading your apology.You are not qualifiedObviously, you lack the experience. That means, according to the job description, you are not qualifiedâ"and you know it. So why are you applying for the job in the first place?If the job requires experience and you donât have it, isnât it obvious that you canât do the job? That is the reasoning the manager will have.You may argue that lacking in experience doesnât necessarily indicate an inability to do the job. As correct as that argument is, keep in mind that you havenât even gotten the opportunity to talk with your potential employer. So in this case, that reasoning is not helpful at all.Also remember that you are not the decision maker. M ore than that, the decision maker is in business. He seeks to make maximum profits. If you are not coming to facilitate that goal, then you have no place in the company.Youâll need to be trainedThis follows from the previous point. If you are not qualified yet are hired, you will have to undergo training. That means there will be an extra unnecessary cost to your being hired. And what manager wants that?None.Employee training is beneficial to the company and employers do it. This is however for those already employed. The training is usually to increase the employeesâ capacity in handling growth.Sure enough, there is also a place for training for a new job. But that is rarely for the under-qualified. This kind of training is given to the newly-hired employees who are set to start working. The training is to familiarize them with the specific products or services offered by the company.As such, it is rarely a training but more of an employee orientation.For the under-qualified to be trained, it will take more effort. First they have to be brought to the same level as the qualified then trained on what the company does. This is a serious overhead for the company.For that reason, you will not be hired. Or even be called for an interview.You are poor at following instructionsThis may sound harsh but itâs really a reality that may be concluded by the one reading your cover letter.Never forget that employers donât have much time to hire a suitable candidate. This is one reason why recruiters donât always read cover letters from start to finish. They usually skim through them.Ever heard that you should win someone over by a great introduction? Such situations are the source of that wisdom.If you read the qualifications, realized that you arenât qualified but still applied, it shows that you canât follow simple instructions. You will likely be hired and when asked to do one thing, end up doing something else.No manager wants to have such an employee in his team. And team leaders know how dealing with people can be difficult. So why go looking for more difficulty?You canât do the jobThe thing is, your ability to perform a duty is largely based on your confidence levels. And these confidence levels get higher with every task handled.If you havenât handled tasks similar to the one you are to handle in this job, what is the guarantee that you can do the job? Wonât you lower the overall productivity level of the company by delaying progress?According to the hiring manager, you probably canât do the job.CONCLUSIONResist the temptation to feel you are doing something wrong when applying for a job thatâs asking for an experience you donât have. Or yours is not directly relevant. Presenting yourself well through your resume will cover that.So confidently apply for the job.
Monday, June 22, 2020
Is it Time to Say Goodbye to Bolam Test in Medical Law - Free Essay Example
Is it time to say bye-bye Bolam in medical law? Date authored: 9 th June, 2014 The test which has become enshrined in law as the benchmark by which medical negligence is assessed follows the 1957 ruling in the case of Bolam v Friern Hospital Management 1. Referred to since simply as the Bolam test it determined that a member of the medical profession will not be guilty of negligence if he or she exercised reasonable care in accordance with a practice accepted as proper by a responsible body of medical opinion. Therefore in order to satisfactorily defeat a claim of clinical negligence under Bolam a healthcare professional is required to do nothing more than adduce evidence from the respected peers from his or her speciality who agree with the standard of practice which is the subject of the action. This means that a defendant doctor will not be deemed to have been at fault providing his or her course of action is one that is professionally backed by colleagues despite the fact that other members of the medical may take an opposing view. This essay wi ll examine the effect of Bolam and address the question of whether its precedent represents a relic from a bygone era which no longer has a place in a modern legal system or whether it adequately serves society by striking a necessary balance between the medical profession and the patients to whose care they are entrusted. One of the main drawbacks of the Bolam test is that it gives legal sanction to a self-regulatory system that operates for the benefit of clinicians in that it is the medical profession themselves and not the courts that decide the yardstick by which reasonable practice is measured. In a departure from its usual role as arbiters of what proper standards of care should be the courts are consequently relegated to a passive, acquiescent role compliantly rubber stamping medically determined definitions of reasonable clinical practice. Bolam also provides a cloak of protection around medical practitioners in that it places an often insurmountable challenge on c laimants to show that no responsible body of professional opinion exists that would advocate the course of conduct under question. Although doctors may take the view that the course of action being considered may not have been one that they would themselves have adopted they may feel reluctant to go further and go on record to officially opine that the conduct of a colleague was actually below the levels that should be expected. This obstacle to proving liability inevitably acts to discourage claimants from pursuing cases and renders it highly problematic for legal practitioners to advise on the likely success of the claims in those that do. When examining the power and control Bolam affords the medical fraternity it perhaps comes as no surprise that its ruling came only nine years after the birth of the National Health Service when the appointed omnipotence and lofty pedestal upon which doctors were placed by a grateful public was at its highest and was reflected by judici al attitudes that viewed the risk of medical negligence asââ¬Å"a dagger at the doctors backâ⬠2. Bolam itself involved damages claimed for the injuries sustained by a patient during electro-convulsive therapy for the treatment of mental illness, a remedy which itself fell into serious disrepute and viewed as outmoded since the 1970s. 3 It set the legal standard during a period in which the conduct of doctors went largely unchallenged and was automatically judged to be motivated by medical goodwill and professional integrity. 4 Post Bolam society has gradually undergone a radical and fundamental change with a wealthier and more educated and informed public and a doctor / patient relationship which has broadly transformed from that of humble appreciation to one of high demand and expectation. 5 Following a shift change towards a rights based society and the promotion of core values protecting the individual right to fair and just treatment the public increasingly expect a consistent and proper method of redress and regulation when systems are shown to have failed them. High profile and shocking scandals involving the corrupt, dishonest and even criminal behaviour of medical practitioners have also acted to massively shake public confidence and trust in a body of professionals previously presumed to operate only with the highest principles of morality and virtue. These include serious cases such as those of notorious murderer Dr Harold Shipman, Dr Andrew Wakefield who published a fraudulent research paper falsely claiming a link between the MMR vaccine and the appearance of autism and bowel disease, gynaecologist Rodney Ledward who was struck off for a number of offences including poor quality of clinical care and carrying out unnecessary medical procedures and that of Richard Neale another gynaecologist found guilty of failing to provide appropriate care to patients and lying about his qualifications. 6 In the four decades that followed Bo lam its prerogative was largely unchallenged with any endeavours by the lower courts to expand on its principle proving futile and leading to a swift overrule and reinstatement by the House of Lords that the standard of care to be decided was a matter for medical judgement.7 However in the late 1990s just prior to the introduction of the Human Rights Act 1998 and perhaps following a recognition of changing public attitudes and the erosion of deference afforded to the medical profession, the House of Lords examined the central issue of Bolam in Bolitho v City Hackney Health Authority 8 and chose to look at the question of whether it is the courts or the medical profession which exercised supreme authority over what amounted to the standard of care demanded of clinicians. In that case their lordships ruled that the medical profession would only escape liability for their actions if the expert witness testimony of peers on which they sought to rely was found by the court to be l ogical and reasonable. Although the judgement affirmed that the final say was with the courts Lord Browne-Wilkinson somewhat mitigated its force when he stated that it would be rare that the courts would find a competent medical expert to be unreasonable. 9 Notwithstanding forecasts for its scarce application Bolitho does allow for the judicial scrutiny of expert evidence rather than mere endorsement and gives the courts authority to prefer the testimony of one body of experts over another. In an examination of case law post Bolitho, McClean 10 found that the case was sparingly referred to and that the courts still appeared to be more inclined to follow the standard form of Bolam without utilising Bolitho permitted analyses of professional opinion. Mulheron11 however concluded that that Bolithos influence could be seen despite the fact that it was not often openly acknowledged. It is worth noting that the logic of expert medical evidence has been directly examined in some c ases that have led to findings of negligence where they would previously have been afforded a harbour of sanctuary under Bolam. In Reynolds v North Tyneside Health Authority12 the court followed Bolitho and held that expert testimony that supported a practice that was untenable lacked a logical basis and accordingly could not be defended. In Penney v East Kent Health Authority13 a case that concerned false negative cervical screen results, the courts ruled on the basis of what the actions of the screener should have been when exercising reasonable care and rejected the defendants expert testimony that the slides could have been reported as negative- on the basis that it was inconsistent with public confidence and illogical. Considerations of public policy have previously played a part in judicial unwillingness to set a more prescriptive standard for doctors out of fears that it will result in overly defensive medicine in that clinicians will avoid getting involved with m ore pioneering and radical treatments due to fears of litigation. The Medical Innovation Bill championed by Lord Saatchi and currently in the consultation stage seeks to replace the Bolam test on the basis that it actually creates an unnecessary restriction on doctors by preventing them from deviating from normal practice in order to explore and develop new innovative techniques and surgical procedures14. The Bill which claims to prioritise the best interests of the patient proposes legislation permitting the medical profession to retreat from accepted medical practices in particular circumstances which include the existence of a plausible reason, an assessment of the risks associated with the proposed treatment and a full multi-disciplinary discussion. The Bill has received a great deal of criticism from the medical profession itself who feel that it is unnecessary and fear that it will compromise patient safety and ââ¬Å"encourage quackeryâ⬠15. The chairman of the British Medical Association, Dr Mark Porter commented, ââ¬Å"At present, the law on medical negligence is framed to deter clinical interventions that might harm patients out of proportion to the potential benefits. The BMA is not aware of any evidence that shows this has stopped innovative and potentially successful treatments being trialledâ⬠16. Whilst medical advances must not be stifled the aims of law surrounding medical negligence litigation must do more than cover the back of the doctor. It is difficult to see how Bolam can be criticised for curtailing medical progress when its test is met merely on the basis of peer support. As argued by Dr Gerard Panting, ââ¬Å"Fear of litigation has been cited as the driving force behind defensive medicine. But would that be so bad? If it causes one clinician to seek that views of a secondâ⬠¦Ã¢â¬ ¦I, as a patient, am all for thatâ⬠17. The question of determining whether standards of care have been sufficiently reac hed by members of the medical profession in clinical negligence cases will always be a formidable one for the courts given the undeniably complex and highly technical issues often in question. In an arena where developments are ever evolving and fast paced and concern practices that sometimes defy reliable determinants and cannot always be explained with complete scientific accuracy the answers to legal questions examining the adequacy of levels of care will inevitably heavily depend upon the views of the medical fraternity itself. In such circumstances it is difficult to imagine a fair and just system of medical litigation which does not apply a Bolam type test which accordingly makes it difficult to eliminate. Legislation that provides greater liberty for the medical environment to play God with unregulated experimentation which would unavoidably compromise patient safety seems a backward step and a return to patternalism which is unjustified. Notwithstanding an acknowledge ment and sympathy for the complicated and highly specialised topics often faced by the courts in medical litigation Bolam must not be used to allow judges to abdicate responsibility for ensuring that proper standards of care are being followed. If forcefully applied and fully embraced Bolitho represents an opportunity for the courts to apply a healthy check and balance to the vulnerabilities of Bolam and to ensure that it is not used to legitimise and maintain unsound, antiquated or shoddy practices of patient treatment simply on the basis that it is supported by fellow practitioners. Bibliography Alghrani A, Bennett R, Ost S, ââ¬Å"The Impact of the Loss of Deference towards the Medical Professionâ⬠Bioethics, Medicine and the Criminal Law Volume I (Cambridge University Press 2012) BMA News ââ¬Å"Medical innovation bill allows reckless practiceâ⬠(15th May 2014) http:/www.bma.org.uk accessed 1 st June 2014 Carr C, Unlocking Medical Law and Ethics (Routledge 2012) Crossley J, ââ¬Å"BMA takes scalpel to Saatchi Billâ⬠(Zenith PI 27th May 2014) https://www.zenithwordpress.com accessed 1st June 2014 Dixon-Woods M, Yeung K, Bosk C, ââ¬Å"Why is UK medicine no longer a Self regulating profession? The role of scandal involving ââ¬Å"bad appleâ⬠doctorsâ⬠Social Science and Medicine xxx (2011) 1-8 Harpwood V, Medicine, Malpractice and Misapprehensions (Routledge Cavendish 2007) Lord Woolf ââ¬Å"Are the Courts excessively deferential to the medical profession?â⬠(2001) 9 Medical Law Review 1 McCartney M, ââ¬Å"Withdraw Saatchis quackery billâ⬠British Medical Journal 29th April 2014 McClean A, ââ¬Å"Beyond Bolam and Bolithoâ⬠2002 5 Med L International 205 Mulheron R, (2010) ââ¬Å"Trumping Bolam : A Critical Legal Analysis of Bolithos Gloss.â⬠Cambridge Law Journal 69, 609-638 Panting G, ââ¬Å"Doctors on the defensiveâ⬠The Guardian (1st April 2005) Saatchi M, ââ¬Å"We must liberate doctors to innovate.â⬠The Telegraph 26th January 2013 Stone C, ââ¬Å"From Bolam to Bolitho : unravelling medical protectionismâ⬠Medical and Legal Limited https://www.medicalandlegal.co.uk accessed 27th May 2014 2013 Table of cases Bolam v Friern Hospital Management Committee[1957] 2 All ER 118 Bolitho v City and Hackney Health Authority Hatcher v Black The Times 2nd July 1954[1997] 4 All ER 771 Maynard v West Midlands Regional Health Authority [1985] 1 All ER 635 Penney v East Kent Health Authority [2000] 55 BMLR 63 Reynolds v North Tyneside H ealth Authority [2002] Lloyds Rep Med Sidaway v Bethlem Royal Hospital Governors [1985] AC 871 Whitehouse v Jordan [1981] 1 All ER 267 1 [1957] 2 All ER 118 2 as per Lord Denning, Hatcher v Black The Times 2nd July 1954 3 Gary Null ââ¬Å"Electroconvulsive Therapy: A Second Opinion.â⬠16th April 2010 p.5 4 Christopher Stone ââ¬Å"From Bolam to Bolitho : unravelling medical protectionism.â⬠Medical and Legal Limited https://www.medicalandlegal.co.uk accessed 27th May 2014 5 Lord Woolf ââ¬Å"Are the Courts excessively deferential to the medical profession?â⬠(2001) 9 Medical Law Review 1; see also A. Alghrani, R. Bennett S Ost, ââ¬Å"The Impact of the Loss of Deference towards the Medical Professionâ⬠Bioethics, Medicine and the Criminal Law Volume I (Cambridge University Press 2012); Vivienne Harpwood, Medicine, Malpractice and Misapprehensions (Routledge Cavendish 2007) 6 Dixon-Woods M, Yeung K, Bosk C, ââ¬Å"Why is UK medicine no longer a Self regulating profession? The role of scandal involving ââ¬Å"bad appleâ⬠doctorsâ⬠Social Science and Medicine xxx (2011) 1-8 7 see Whitehouse v Jordan [1981] 1 All ER 267; Maynard v West Midlands Regional Health Authority [1985] 1 All ER 635; Sidaway v Bethlem Royal Hospital Governors [1985] AC 871 (4) [1997] 4 All ER 771 8 [1997] 4 All ER 771 9 ibid at 779 10 Alistair McClean, ââ¬Å"Beyond Bolam and Bolithoâ⬠(2002) 5 Med L International 205 11 Rachael Mulheron (2010) ââ¬Å"Trumping Bolam : A Critical Legal Analysis of Bolithos Gloss.â⬠Cambridge Law Journal 69, 610-637. See also Carr C, Unlocking Medical Law and Ethics (Routledge 2012) p.11 12 [2002] Lloyds Rep Med 459 13 [2000] 55 BMLR 63 14 Maurice Saatchi, ââ¬Å"We must liberate doctors to innovate.â⬠The Telegraph 26th January 2013 15 Margaret McCartn ey, ââ¬Å"Withdraw Saatchis quackery billâ⬠British Medical Journal 29th April 2014; see also Justin Crossley, ââ¬Å"BMA takes scalpel to Saatchi Billâ⬠(Zenith PI 27th May 2014) https://www.zenithwordpress.com accessed 1st June 2014 16 BMA News ââ¬Å"Medical innovation bill allows reckless practice 15th May 2014 17 Gerald Panting ââ¬Å"Doctors on the defensiveâ⬠The Guardian (1st April 2005)
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