Saturday, May 23, 2020

Psych 625 Time to Practice †Week Three Essay - 1336 Words

University of Phoenix Material Time to Practice – Week Three Complete both Part A and Part B below. Part A 1. For the following research questions, create one null hypothesis, one directional research hypothesis, and one non-directional research hypothesis. a. What are the effects of attention on out-of-seat classroom behavior? Null- There are no effects of attention on out of seat classroom behavior. Non-directional- Attention affects out-of-seat classroom behavior. Directional- No attention negatively instigates out-of-seat classroom behavior. b. What is the relationship between the quality of a marriage and the quality of the spouses’ relationships with their siblings? Null- There is no relationship†¦show more content†¦The goal of inferential statistics is to end up rejecting the null hypothesis and concluding that a significant relationship exists; therefore, the null hypothesis always presume no relationship. 4. Create a research hypothesis tested using a one-tailed test and a research hypothesis tested using a two-tailed test. One-tailed test hypothesis: The mean lifespan of a dog is greater than 100 years. Two-tailed test hypothesis: The mean salary of behavioral therapists is not $75,000. 5. What does the critical value represent? The critical value represents the point on the scale of test statistic value in which the null hypothesis is rejected (Salkind, 2014). The critical value is also used to calculate the margin of error (Salkind, 2014). Lastly, the critical value is determined from the alpha or significance value of the hypothesis test (Salkind, 2014). 6. Given the following information, would your decision be to reject or fail to reject the null hypothesis? Setting the level of significance at .05 for decision making, provide an explanation for your conclusion. a. The null hypothesis that there is no relationship between the type of music a person listens to and his crime rate (p .05). The null hypothesis is rejected since the p-value is below the significance level of 0.05. b. The null hypothesis that there is no relationship between the amount of coffee consumption and GPA (p = .62). The null hypothesis is accepted because theShow MoreRelatedPsych 625 Week 1 Individual Assignment Time to Practice Essay1134 Words   |  5 PagesPSYCH 625 WEEK 1 Individual Assignment Time to Practice   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚        Click below link for Answer http://workbank247.com/q/psych-625-week-1-assignment-time-to-practice/2895 http://workbank247.com/q/psych-625-week-1-assignment-time-to-practice/2895    Time to Practice – Week One      Complete  both Part A and Part B below.      Part A   Some questions in Part A require that you access data from  Statistics for People WhoRead MorePsych 625 Statistics for the Behavior Sciences Entire Course4464 Words   |  18 PagesPSYCH 625 Statistics for the Behavior Sciences Entire Course To Download This Tutorial Visit below Link http://www.studentsoffortunes.com/downloads/psych-625-statistics-behavior-sciences-entire-course/ (Product Type) : Instant Downloadable We invite you to browse through our store and shop with confidence. We invite you to create an account with us if you like, or shop as a guest. Either way, your shopping cart will be active until you leave the store. All Tutorials will be

Monday, May 18, 2020

Citizenship As A Citizen Of A State - 1860 Words

A broad description of citizenship is to be a citizen of a state. This can entail numerous responsibilities and opportunities. With that in mind, it is easier to think of citizenship not just as something that is owned and held, like a piece of paper, but instead is a responsibility that holds positive consequences if a citizen upholds their end of the deal. Not only is it a responsibility, but it is a type of contract between the individual and the state. By making it a contract it holds those responsibilities and rewards that both sides obtain and uphold at an equal matter. Although some freedoms are often given up for citizenship, there is an understanding that the contract between the state and the citizen is not lessened. With the idea of a contract, it is interesting to explore what are the rights and responsibilities of both the individual and the state, and also how far does the state extend in the sense of citizenship as a contract, it is possible to have global citizenship. When discussing any sort of contract, an individual is generally more interested in how it benefits themselves. These benefits are known as rights. For these purposes, rights are something that are given to a citizen when they receive citizenship. In the United States, these include things such as the right to vote or the right to own a gun. What makes rights and freedoms different is that a right is not automatically assumed by a person what this means is that, a person can buy a gun forShow MoreRelatedIs National Citizenship Irrelevant Outside the United States?1256 Words   |  5 Pageswhether national citizenship is still relevant as a nationally-ascribed designator of membership and rights is best answered with a single word: Depends. Within the United States, national citizenship has conferred rights and duties that remain viable hundreds of years after their creation. Outside the United States, national citizenship is essentially irrelevant. National Citizenship Is Still Relevant as a Nationally-Ascribed Designator of Membership and Rights Within the United States but It is EssentiallyRead MoreThe United States Of America Is Considered A Melting Pot Of Heritages And Nationalities From All Around The World1689 Words   |  7 PagesMichalina Skwiot Dr. Shahrokhi SW215 Being Human 21 April 2016 Citizenship The United States of America is considered a melting pot of heritages and nationalities from all around the world. There is no official language, and no one culture all citizens abide by. Despite the fact that everyone in this country is different from one another, there is still a constant uniform citizen that has a more favorable position. This citizen is white, English-speaking, and somehow always in the front of theRead MorePracticing Decentered Radical Democratic Citizenship in a Decentered State944 Words   |  4 PagesWhat is a citizen and where does she practice her citizenship? These questions cannot be answered unless accompanied by sufficient knowledge of how different types of citizenships are formed and how these citizenships are practiced. There is not one singular type of citizen that permeates the world or even the United States—an intermingled and enmeshed notion of citizenship is acted out through a combination of rights and duties as the citizen attempts to hold onto those values that are most importantRead MoreThe Future of European Citizenship1103 Words   |  5 Pagesintroduced European citizenship. This finally defined what an ‘EU citizen is, most obviously in the amended Article 17 of the Treaty of Rome. This declared that in order for one to hold citizenship of the Union, one must hold nationality of a Member State. So anyone with nationality to a country within the European union is immediately granted European Citizenship. Consequently all nationals belonging to states joining the EU will also be automatically conferred European citizenship. It was also establishedRead MoreCitizen, By Claudia Rankine Essay1294 Words   |  6 PagesWhen one thinks of a â€Å"citizen†, they often imagine the process of gaining the title of becoming a citizen within a country. But often times people do not think of â€Å"citizen† or â€Å"citizenship† to be connected to race. In Claudia Rankine’s book â€Å" Citizen†, she takes time to discuss and display specific moments that have happened in the lives of African Americans who live in the United States. By doing so, she is investigating in depth of what it means to be a Black American â€Å"citizen† today in society. TheseRead MoreEssay about I Am An American1673 Words   |  7 Pagesthe United States. Government officials have claimed that the issue of birthright citizenship is the core of the dispute over immigration. To try and remedy this situation, holders of public office have held hearings and debates in an attempt to â€Å"redefine† what it means to be an American citizen. Birthright citizenship is the term used to refer to the citizenship that is granted to an individual who is born on the associated territory. Providing an individual with citizenship of any state or countryRead MoreAmerica Is A Melting Pot Of Heritages And Nationalities From All Around The World1666 Words   |  7 Pages The United States of America is considered a melting pot of heritages and nationalities from all around the world. There is no official language, and no one culture all citizens abide by. Despite the fact that everyone in this country is different from one another, there is still a constant uniform citizen that has a more favorable position. This citizen is white, English-speaking, and somehow always in the front of the public sphere. In the recent years, there has been an increasingly dominantRead MoreCitizenship Paper1530 Words   |  7 PagesTheodore Roosevelt’s The Duties of American Citizenship Speech Theodore Roosevelt was the 26th President of the United States of America. He is noted for his enthusiastic personality, range of interests and achievements, and his leadership of the Progressive Movement. Before becoming President, he held offices at the city, state, and federal levels. Roosevelts achievements as a naturalist, explorer, hunter, author, and soldier are as much a part of his fame as any office he held as a politicianRead MoreAthenian Citizenship : Aristotle s Exclusions1511 Words   |  7 PagesAthenian Citizenship: Aristotle’s Exclusions In Aristotle’s interpretation of citizenship, it is clear that citizenship is a fluid title, applied to an exclusive group of men only after meeting certain qualifications, and revocable upon meeting certain others. While Aristotle is unable to answer clearly â€Å"who should properly be called a citizen and what a citizen really is† (p.85), he dedicates several chapters to explicating who is not a citizen in an attempt to determine who is. Though AristotleRead MoreCitizenship Is A Large Debate Today Essay733 Words   |  3 PagesProfessor Jefferson CULF 1320 3/31/16 Citizenship is a large debate today. Even presidents in the upcoming debate key on citizenship. But today is not the only time in our history that citizenship has been talked about. Whether it be to acknowledge African Americans as citizens or only 3/5ths of a person, citizenship has been a debatable point for many years. The debate of citizenship doesn’t just stop at race. Women, to an extent, have not always been treated as citizens as well. The understanding of the

Monday, May 11, 2020

How Does “Strategic Culture” Explains The Patterns Of State

How does â€Å"strategic culture† explains the patterns of state behavior in three cases: the United States, China, and Iran. What are the causal mechanisms (i.e. cause-effect explanations) in these cases? Is â€Å"strategic culture† a cause of the observed patterns? Or is other cause (e.g. hierarchy, power structure, etc.)? Strategic culture allows scholars for the opportunity to recognize, analyze and explain patterns of continuity and change when it comes to the reasons behind state behaviors in the international system. Quite regularly, such behaviors are deeply intertwined with the state’s historical propensity to maintain its observed spheres of influence. Strategic Culture has shown to leave lasting legacies in the way states develop their†¦show more content†¦Ã¢â‚¬Å"†¦Thus, in order for the United States to pursue war, the threat must be directly related to the survival of the country or be characterized as â€Å"evil incarnate†Ã¢â‚¬â€as was fascism in World War II, communism in the Cold War, and terrorism during the current war on terror...† (Howard, 9.) United States strategic culture continues to be characterized by positive and idealist views in the evolution of human relationships. As a result of United States strategic culture and views on war, the world ’s hegemon has developed great skills at problem solving since they are always looking for quick and effective solutions to international conflicts, as a way to minimize the cost of lives and resources, while maintain their hegemonic power. It could be said that the United States looks at international relations as a transaction, by focusing on immediate results. In the case of China their history and culture seems to be rooted as well when it comes to their strategic thinking. Geographically China could be identified as a continental power, who throughout history has continue to be focus in the security and strength of their own territory, instead of looking for territorial expansions or conquests. Chinese strategic culture appears toShow MoreRelatedAmerica s Expectations Regarding Public Education1685 Words   |  7 Pagesa specific time. As Americans become more informed (educated), their opinions, ideas, and thinking change. America’s expectations concerning public education have evolved as well. The demands that are placed on states, districts, and leadership are becoming more intense; yet, our culture still believes that public education is faltering. Educating, empowering, and engaging students to be successful in a global, dynamic world is an overarching theme in the 21st century. However, our curricular standardsRead MoreInformation Systems Strategic Planning Risk And Performance Management942 Words   |  4 PagesInformation Systems Strategic Planning Risk Performance David Nagus Grantham University Professor Duhn Sept 3, 2015 1. State a simple definition of performance management. Performance management is a process that provides feedback and accountability and also documentation for performance outcomes. It is a forum to help employees channel their talents toward organizational goals. 2. State the three major strategic choices facing firms. Globalization, Competition, Out Sourcing 3. Explain the seven majorRead MoreTen Schools of Thoughts of Strategic Management1641 Words   |  7 PagesTOPIC: TEN SCHOOL OF THOUGHT OF STRATEGIC MANAGEMENT TEN SCHOOL OF THOUGHT OF STRATEGIC MANAGEMENT 1. The Design School. This school sees strategy formation as a process of conception. Approach: Clear and unique strategies are formulated in a deliberate process. In this process, the internal situation of the organization is matched to the external situation of the environment. Basis: Architecture as a metaphor. In short: Fit! Establish fit! Contributions: Order. Reduced ambiguity. SimplicityRead MoreAnalysis Of Samuel Huntingtons Clash Of Civilizations And The Remaking Of The World Order1018 Words   |  5 PagesWorld Order, Samuel Huntington states â€Å"The most important distinctions among peoples are no longer ideological, political, or economic. They are cultural†. This is his main argument throughout this book. New patterns of distinctions and conflict will occur along boundaries of different cultures. However, patterns of cohesion will be found within the cultural boundaries. Huntington analyzes the resurgence of post-cold war cultural identities. He does this in order to explain the prevailing and futureRead MoreThe Success Of The Training Program1 606 Words   |  7 Pagestraining programs and the extent to which it will impact the organization relies on some internal elements like culture. As Alvesson (2013, pg.1) states, ‘how people think, feel, value and act is guided by ideas, meanings and beliefs of a cultural (socially shared) nature’ and can have a direct impact on the individuals and the organizations’ performance and goals. Noticeably, organizational culture can have an influence on the effectiveness or ineffectiveness of a training and development program. WithRead MoreEssay Organizational Behavior1057 Words   |  5 PagesOrganizational culture: One of the primary responsibilities for management is to create and maintain the organizational characteristics that both reward and encourage a collective effort. There is no single definition for what organizational culture really is. Organizational culture has been viewed as so important to the organization that, in the long run, it may be the one decisive influence for the either the survival or fall of the organization (Hofstede 1998a, 488). Organizational culture is typicallyRead MoreThe White House Restaurant1178 Words   |  5 Pagesspecial occasions such as birthday or anniversaries. Bartol et al (2011, p.76) states that customers are important in determining organization success or failure. For example, the most famous fine dining restaurant in Wellington called Logan Brown offers affordable lunch to respond the customer needs. The White House restaurant must be aware of competitor’s strategies and customer’s needs more deeply. 2.1.2 The Culture The owner freely communicates with employees and vice versa, so there is a solidRead MorePerceived Effectiveness Of Influence Tactics Of The United States And China1507 Words   |  7 Pages Perceived Effectiveness of Influence Tactics in the United States and China is a quantitative research study written by Ping Ping Fu from Chinese University of Hong Kong, and Gary Yukl from State University of New York at Albany. This research study is published in a book named The Leadership Quarterly. INTRODUCTION Ping Ping Fu and Gary Yukl believed that people from different cultures deal with the difficulties of exercising influence differently. According to Smith and Peterson, to understandRead MoreCode of Ethics Essay1578 Words   |  7 Pagesorganization’s goals, how are they tied to its ethical principles, and the role and importance of the corporation’s ethical values† (University of Phoenix, 2012, Week Three Supplement). Team A will also specify â€Å"what the relationship between the organization’s culture and ethical decision-making is and why is it important that the organization’s ethical values support Team As ethical values† (University of Phoenix, 2012, Week Three Supplement, see above)? In addition, Team A will explain the social responsibilityRead MoreInternational Cultural Difference Of Business Culture1234 Words   |  5 Pages Introduction Culture is the social behaviour and integrated pattern of human knowledge, belief, and behaviour that depends upon the capacity fro learning and transmitting knowledge to future generations It is the set of values, goals and practices that characterise an organisation A key to being successful in business internationally is to understand the role of culture in international business.cultural differences will have a direct impact on your profitability in any sectors

Wednesday, May 6, 2020

Racial And Cultural Identity I Am A White American

As a teacher, it is important to know and understand the racial and cultural identities of both yourself, and your students. Knowing about your students’ backgrounds is a great way to make the classroom a safe and welcoming environment. Not all educational settings emit a feeling of safety to its students, and that needs to be changed. In this paper, I will discuss how my racial and cultural identity may be the same and may differ from my students, as well as some ways in which the institution of education can be changed to be more racially and culturally inclusive. Before I can delve into my students’ racial and cultural backgrounds, I must first look at my own. I am a white American, born and raised in Minnesota. My ancestors moved to America from France and Norway; however, in my family, our traditions are more Norwegian than French. For example, every Christmas we make lefse and krumkake, two traditional Norwegian foods, as a family. Growing up in Minnesota I have seen many fellow students and teachers who come from similar backgrounds, meaning of European decent. It was not until college that I met people from various locations around the world who have very different cultural backgrounds. It is my belief, that in order for me to be the best teacher I can be, that I need to be open to difference and willing to expand my horizons. If I was to start teaching in the public schools of my hometown tomorrow, the majority of my students would be white. When aShow MoreRelatedculture diversity1404 Words   |  6 Pagesin the past? Have you learned something new about your own racial, ethnic, or cultural history? Trends in immigration will continue to shape the demographics of the United States. What will the U.S. population look like in the year 2050? Why do you think so? What challenges does the United States face due to the diversity of its people? What are the benefits of such a diverse society? How can we foster a climate of acceptance and cultural pluralism in the United States? In what ways do the media perpetuateRead MoreNo Im Not White Thank You Essay799 Words   |  4 PagesNo, I’m Not White, Thank You The liminality of racial identity and sushi It was last fall at Tako Sushi, a local restaurant quite notorious for their extensive wait times, that I vividly remember coming to qualms with my identity as a woman of color. A unique mix of social anxiety and barely-a-transfer-student jitters forced my eyes to my phone, my desire to genuinely seem busy rapidly exhausting my favored social media applications. Without my standard crutch, I was left to investigate severalRead MorePersonal Identity Research Paper :932 Words   |  4 Pages Personal Identity Research Paper I interviewed my nephew, Jeremy, for this assignment. Jeremy and I are members of the same family; but, have different racial, ethnic, and cultural backgrounds. My family is very large, consisting of; six brothers, sister in-laws, my parents, and fifteen nieces and nephews. My brother, Joe, married an African-American women (Sandra) and had two sons; but, they look nothing alike. Surprisingly, Jeremy’s appearance is African-American and Anthony looks CaucasianRead MoreAmerica s Perception Of Me And My Self Identification968 Words   |  4 PagesChristina Saenz-Alcà ¡ntara, an author for Latino Rebels, does not believe a person can be White and Mexican. In one article she posed the question, â€Å"who and what the hell is a White Mexican?† I am. I was born into a dual world, one constructed by society. I am a diverse individual. Yeah, you heard me right. I am racially and culturally diverse. And I believe it is time for America to ditch its monolithic treatment of race that discredits self-identification; it is time that we acknowledge multiracialRead MorePersonal Statement : Personal Identity Research Paper Essay916 Words   |  4 Pages Personal Identity Research Paper I chose to interview my nephew, Jeremy for this paper. Jeremy and I are members of the same family; but, have different racial, ethnic, and cultural backgrounds. My family is a very large family and consists of; six brothers, sister in- laws, and fifteen nieces and nephews. My brother, Joe, married an African-American women (Sandra) and had two sons; but, they look nothing alike. Surprisingly, Jeremy’s appearance is African-American and Anthony looks CaucasianRead MoreTaking Off The Mask. From The Time I Was A Small Child1219 Words   |  5 PagesTaking off the Mask From the time I was a small child my family has always stressed the essentiality of education, but I’ve learned that the process of acquiring knowledge in this country comes with a steep price. The loss of one’s identity while being forced to assimilate into â€Å"American culture† is the price many of us must pay. This barbaric process of cultural genocide occurs in the schooling system because in order to be perceived as fully human, minorities are obligated to forfeit their historyRead MoreThe Reading Of Beyond Heroes And Holidays Essay1743 Words   |  7 Pagesand A Good Time for the Truth: Race in Minnesota I have not only learned about the experiences of others, but have also gained a deeper understanding of my own racial and cultural identity and how that relates to other identities around me. In learning this information, I feel that I will not only be able to understand and relate better to my future students, but also understand their backgrounds and h ow they are affecting them presently. Therefore, I will be able to teach to individuals in the wayRead MoreCultural Identity Reflection Paper1591 Words   |  7 Pagesï » ¿Cultural Identity Reflection Paper Who I am; my beliefs, values, morals, and views on diversity are shaped based upon my upbringing, the values within society, and the norms adopted by our culture. However, I can’t only thank these sources for whom I am; my own personal experiences and feelings have had a huge impact on my cultural views. My biases; I am aware of them (good), but they exist, and to some may seem bad. I want to take you on a journey inside my path to cultural identity. I thinkRead MoreZora Neale Hurston s Novel1678 Words   |  7 Pagesabout her race and identity in â€Å"How It Feels to Be Colored Me.† As Hurston shares her life story, the reader is exposed to Hurston’s self-realization journey about how she â€Å"became colored.† Hurston utilizes her autobiographical short story as a vehicle to describe the â€Å"very day she became colored.† Race is particularly vital in Zora Neale Hurston’s essay, â€Å"How it Feels to Be Colored Me† as she deals with the social construct of race, racism, and sustaining one’s cultural identity. Hurston makes a prominentRead MoreRacial Identity And Ethnic Identity863 Words   |  4 PagesPaper One My racial identity and ethnic identity are tied to my everyday experiences as an African American. I identify as African American or black because it’s my culture. I born by two black parents and grew up in a black household. Although I was often told by my parents that I’m black, I would say that the term â€Å"Black† was given to me before I even entered the world. The term â€Å"Black† was given to Africans by Europeans when they took us as slaves to the Americas. Ever since then, the one drop

Evolution of globalization Free Essays

In 1492 the process of globalization began when Christopher Columbus unintentionally â€Å"discovered† the â€Å"new world†. The   cultures   of   the Nahua, Inca, Maya, and Spanish   peoples during the contact and conquest periods (1400s-1600s) was one of the factor that led to globalization.   The different   cultural, economic, social, philosophical, and political systems of these peoples, both before and after conquest  Ã‚   cast an shadow of   these cultures, though conquered, shape the Spanish-American colonial system as it developed in these regions. We will write a custom essay sample on Evolution of globalization or any similar topic only for you Order Now The blend of different civilizations: The present linguistic situation in ‘Merida’ has engrossed its roots from the pre-colonial period of Mexico. The first   Crenellation   took   place   during the final voyage of, Christopher Columbus in the year 1502.   When his ships entered   Spain   the people over there didn’t know they were listening to the Mayan language. The first Mayan word they heard was â€Å"turquin† which translates to gold and money as wealth was the main goal of Christopher’s expeditions. Two Spanish explorers who were stranded in Mayan land   were     later found by conquistador Cortes . One of the stranded explorers was Aguilar who served as a interpreter between the two civilizations. Later ‘castellano’ language was developed and till now it is in use. The two entirely different civilizations was plunged as thick roots into the nation. Castellano Vs Maya-Yucateco : The new linguistic politics began with the catholic missionaries in the sixteenth century The Spanish priests had to learn the language of the pupils who were mostly Mayans. Formal studies of Maya- Yucateco   was done and the first dictionary was brought out in 1546. The colonization of Yucatan   was mainly   because of   the Mendicant   Landa. The learning of Maya-Yucateco continued until the eighteenth century . For many reasons there was little teaching of ‘castellano’ language to the Mayans . Linguists have divided the variations spoken by Mayans into 30 different languages. They are all included in generic term ‘Maya’. Discrimination: The language was one of the factor that     divided people from the globalization. There were the people who supported the Mayan literature and some saying that ‘castellano’   Ã‚  was something uncontrollable and inevitable, the product of modernization. Discrimination arouse for the Mayans in Merida. They were denied access to certain places and discouraged from being in others. This is a situation that is still in the existence. Mayans developed a passive resistant syncretism to the spiritual conquest that was imposed upon them. Though cultures accepted military defeat, but in an effort to keep some semblance of former lives pays a service to the Spaniard religion, still practicing the hated idolatry in secret. While the conquerors were assimilating Mayans, the Mayans were assimilating the conquerors religion.this resulted in the extension of the interrogation by Spaniards to the new world in   paradox   of     Christianity   at the time. Conclusion  Ã‚   : The evolution invoked by Christopher Columbus led to globalizationIn turn it resulted in a revolution that brought discrimination Until now it continues to be the present situation.   The endless †¦    How to cite Evolution of globalization, Essay examples

Law of Contract Far East Corporation

Question: Describe about the Law of Contract of Far East Corporation. Answer: Issue The major issue in the given case is the establishment of a contract between Mojo Beverages and Ben. It is only when a contract exists between the two that the next issue of whether Ben can claim anything from Mojo Beverages arises. Law The law of contract is a very important piece of legislation that is required in any governed society. To make a valid contract, it is necessary that all the contract elements should be met lawfully. The main contract elements that are required are offer, acceptance, consideration, capacity and intention of the parties. (Small Business Development 2016) An offer is an element with the help of which a contract can be initialed. An offeror is the person who makes a contract to an offeree. Through an offer, an offeror basically communicates his desire to an offeree which he expects to be performed or acted upon by him (Smith v Hughes (1871). When an offer is made, then it must reach an offeree to be effective, thus, communication of offer is very necessary to make such an offer valid (Carlill v Carbolic Smoke Ball Co (1893)) (Moles R 1998). When no offer is made by a person, but when offers are invited through advertisements, auctions, tenders, etc, then, such actions are invitation to offers and the person who relies on such invitation can make an offer to the inviter Partridge v Crittenden (1968). Thus, in invitation to treat, an inviter acts like an offeree and the person who makes an offer based on an advertisement is an offeror. (Moles 1998) Also, an offer can be unilateral or bilateral. A unilateral offer is an offer under which when an offer is made by an offeror to people then such an offer is an open offer and does not requires any formal, written or oral acceptance to make a binding contract. In unilateral offers, it is an action of the offeree which can be regarded as deem acceptance ( an acceptance by way of conduct) and if the offeree has acted as per the desired wish of the offeror, then, a contract stands concluded as soon as such desired actions is undertaken by an offeree (Great Northern Railway Company v Witham (1873). (Gibson Fraser 2014) Also, in law, when a valid offer is made by an offeror, then, such an offer must be validly accepted by an offer to make a binding contract with an offeror. An acceptance should be made as per the desired requirements of an offeror Brogden v Metropolitan Railway Co. (1877). In order to make an acceptance valid it is necessary that the same must be communicated to an offer and the acceptance must not bring any changes in the terms of the offer (Powell v Lee (1908). (The Law Teacher 2016) However, in unilateral offers, an acceptance by way of conduct is considered to be a deem acceptance and a valid contract does exits amid the parties (Carlill v Carbolic Smoke Ball Co (1893). Application As per the given facts, Mojo Beverages has issued an advertisement through which it has invites people to catch Lord Harry, a trout, against a price of $100,000. Thus, can the action of Mojo Beverages can be regarded as an invitation to treat or offer by relying on the leading case of Pharmaceutical Society v Boots Chemists (1953). The answer is no, because an offer at times can be unilateral or bilateral. In the given situation, Mojo Beverages has made a unilateral offer through an advertisement and any person who will act as per the requirements of Mojo Beverages will make a binding contract with it. So a valid offer is made by Mojo Beverages to the world at large or the offer can be regarded as an open offer. Further, the true prize that was promised by Mojo Beverages is $1,000 and not $100,000. Ben after knowing the correct offer acted as per the requirements of the advertisement. He is fully aware of the rectified offer and has given his acceptance by acting as per the desires of Mojo Beverages as the offer which was made was a unilateral offer. So, it is the actions of Ben which must be considered as deem acceptance by relying on (Carlill v Carbolic Smoke Ball Co (1893)). Conclusion Thus, a valid offer is made by Mojo Beverages which is duly accepted by Ben against a valid consideration of $1,000 and the parties are capable and legally intent to abide by the contract. Since, a valid contract exists amid Mojo Beverages and Ben, thus, Ben has right to sue Mojo Beverages for the claim of prize money. Issue The main issue that requires analysis is whether the commercial interactions that took place amid Livestock Brokers (Brokers) and Dorper Sheep Sellers Pty Ltd (Sellers) results in the establishment of any contractual relationship. Also, the scope of relationship is also evaluated when the communication was made by fax which was never reached by Dorper Sheep Sellers Pty Ltd. Law To make a valid contract, it is necessary that all the contract elements should be met lawfully. The main contract elements that are required are offer, acceptance, consideration, capacity and intention of the parties. (Small Business Development 2016) Now, an offer is the communication which is made by an offeror to an offeree. In an offer an offeror sends his expectations and desires to an offeree which he believes to be comply with by an offeree (Gibson v Manchester City Council - CA (1978). An offeree must receive the offer to make an offer legal and effective (Carlill v Carbolic Smoke Ball Co (1893)). Now, whenever an offer is made by an offeror, then, it is the responsibility of an offeree that he must confirm such an offer, this confirmation of offer is called acceptance in law. When an acceptance is made, then a binding contract is made amid the parties but such an acceptance must reach the offeror in order to be effective. In the law of contract, an acceptance is complete only when it reaches the offeror. But, when an acceptance is made by post, then, acceptance is complete as soon as the letter is posted Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH (1983). There is no requirement of further communication, but, the rule is not applicable when an acceptance is made by fax and is held in EntoresLtd v Miles Far East Corporation (1955) Mendelson-Zeller Co Inc v T C Providores Pty Ltd(1981). (Hill S 2001) Further, an acceptance must correspond the offer and if any deviation is made in the terms of offer then it is not acceptance and the offer lapses. But, in Hyde v Wrench ((1840)) it was held that requesting information is not counter offer or acceptance and does not terminate an offer (Stevenson v. McLean(1880). (The Law Teacher 2016) Application In the given scenario, when Sellers sends a letter to Brokers through which he sets out the number of sheep flock for sale at a particular price, then, it is an offer which is made by Sellers to Brokers. Seller has given 14 days time to Seller to accept the offer so made. Now, it is submitted that a valid open offer was made by Sellers to Brokers and Brokers must accept such an offer within 14 days. However, before that, Brokers has made few inquiries regarding the offer which was made by Seller. But, as per Stevenson case, mere seeking information or requesting information regarding the offer is not a counter offer and does not lapse the offer. Broker has asked for information on 6th June, such letter of request is not a counter offer and the offer of Seller is still valid. Also, on 14th Broker sent a fax to Seller accepting the offer, the same was received by Seller on the same day. Thus, since no postal rule is applicable when acceptance is made by fax, thus, the acceptance must receive the offeror it orders to make an acceptance valid. The acceptance by Broker was validly received by Seller so the communication of acceptance is compete and is valid. Now, when Broker has sent his acceptance by way of fax on 14tth June, then it was considered as valid as the same was duly received by Sellers on the same day. However, if the same is not received by Seller on 14th itself dues to transmission error then the acceptance would not have been said complete in the eyes of law as no postal rule is applicable when an acceptance is sent by fax. So it is necessary that the same must be communicated to an offeror in order to be complete. Since, the same is not communicated because of transmission error, so the acceptance is incomplete resulting in no acceptance by Broker. So there is no contract between Broker and Seller. Conclusion So, there is a valid contract that is established amid Seller and Brokers as there is a valid offer which is made by seller and a valid acceptance is also communicated back by Brokers resulting in a valid contract amid the two. Also, if the fax is delayed then there is no acceptance and thus no contract. III Issue The basic problem that revolves around the given case study is Can the owners of Prince Mall, Westphalia Marts Pty Ltd, force Stuart to pay the full amount along with short fall? Law This issue requires analysis of some of the basic principles of the law of contract. Whenever, any two persons wishes to make a contract between themselves, then, one party must always make an offer which is duly accepted by an offeree and such parties must have legal intention and are capable to make a contract. Also, the promises so exchanged amid them must be supported by consideration in order to make a valid contract. (Small Business Development 2016) Every contract comprises of terms and conditions which are very important and the same must be fulfilled by the parties to the contract. If any party to the contract does not comply with the terms and conditions of the contract then the contract is said to be violated. Generally, the contractual terms are divided into two broad categories. When the terms are expressly made part of the contract by the contractual parties then such terms are express terms. Bu when the terms are made part of the contract not by the contractual parties but by law, custom, etc, then such are called implied terms. Both the terms are very important and must be fulfilled by the parties. These terms are normally added by the parties when the contract is formulated and not afterwards (Legal Service Commission 2016) But, in contract law, when a contract is already made by the parties and terms are also incorporated by them, then generally it is not prevalent to bring changes or additions to such terms of the contract. However, at times situations do occur under which it become necessary to bring modification in the already existed contract. The modifications can be made by the parties either orally or in written form. Both the forms are valid provided both the parties intend to do same. If the changes are made on written form the parties must sign the same otherwise oral changes are also valid in law. (Hubble 2016) Application Now, a five year written lease was entered amid Stuart and Prince Mall. As per the terms of the agreement, Stuart has to pay a lease of $1000 per week at the end of 2010. Thus, it is an express term of the contract and the parties must abide by the same. In 2013, both Stuart and Prince Mall intend to bring variation in the written lease agreement. The rent of Stuart was reduced to $700 per week. However, soon after the owners of the prince Mall persuaded Stuart to pay not only the full amount but also the shortfall that has been faced by them because of the reduced rent. It is submitted that the terms of the written lease agreement was varied by the parties intentionally. So the new terms are binding upon them until the business of Stuart improves and thus the owners of Prince Mall cannot force Stuart to pay the extra amount. Conclusion The terms are binding and Prince Mall cannot force Stuart to pay the extra amount. Reference List Brogden v Metropolitan Railway Co. (1877). Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH (1983). Carlill v Carbolic Smoke Ball Co (1893). EntoresLtd v Miles Far East Corporation (1955). Gibson v Manchester City Council - CA (1978). Great Northern Railway Company v Witham (1873). Gibson Fraser, 2014, Business Law 2014, Pearson Higher Education AU,11-Oct-2013. Hill S, 2001, "Email Contracts - When is the Contract Formed?" https://www.austlii.edu.au/au/journals/JlLawInfoSci/2001/4.html#fn8. Accessed on 16th August 2016. Hyde v Wrench ((1840). Legal Service Commission, 2016, Express and implied terms of the contract, https://www.lawhandbook.sa.gov.au/ch18s02s01.php. Accessed on 16th August 2016. M Hubble, 2016, Contract Modification, https://contracts.lawyers.com/contracts-basics/contract-modification.html. Accessed on 16th August 2016. Mendelson-Zeller Co Inc v T C Providores Pty Ltd(1981). Moles R, 1998, Contract Law Lecture - Formation of Contract - Offer and Acceptance https://netk.net.au/Contract/02Formation.asp. Accessed on 16th August 2016. Powell v Lee (1908). Pharmaceutical Society v Boots Chemists (1953). Partridge v Crittenden (1968). Stevenson v. McLean(1880). Smith v Hughes (1871)). Small Business Development, 2016, Business contracts https://www.smallbusiness.wa.gov.au/business-topics/money-tax-and-legal/legal-matters/business-contracts/. Accessed on 16th August 2016. The Law Teacher, 2016, Cases On formation a Contract Offer https://www.lawteacher.net/cases/contract-law/agreement-cases.php. Accessed on 16th August 2016.

Friday, May 1, 2020

Ping Sweep and Port Scan free essay sample

Ping Sweeps and Port Scans The use of computers in this generation has been a necessity. A lot of companies depend on computers to operate their business which is why it is essential to learn the different threats that other people could use to attack their business. New technologies are on the rise these days and the knowledge that people have about computers can be accessed easily on the internet. Different kind of hackers can get access to people’s computers easily with the necessary knowledge and devices. People need to be aware of these kinds of threat and help them by preventing their computers or networks of being hacked. Hackers today uses ping sweeps and port scans to gain access to networks. Learning how ping sweep and port scans are utilized can help us protect ourselves from these hackers. Ping sweep is a type of network probe or network attack. We will write a custom essay sample on Ping Sweep and Port Scan or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page People uses ping sweep to know if a computer or network exist. Basically, the user ping the computer or network by their IP Address. Once the ping request has been sent, the user should get a reply back from the computer, notifying the user that it is online. If the user did not receive any reply then more likely the computer is down. The ping sweep method can also be used by hackers to know which computers or networks are available, so they can plan their attack. According to Lawrence Theo, (Networks Probes Explained: Understanding Port Scans and Ping Sweeps), â€Å"fping is a tool that can be used for conducting ping sweeps†. â€Å"Unlike normal ping, fping sends one ping packet to one IP address, and then proceeds immediately to the next IP address. † Learning ping sweep and how it can be used is essential to protect our information. Port scan is another type of network probe. It is considered the most common method of network probing which is used by intruders to gain access to computers and discover what kind of services are running in the computer. There are different types of scans that an intruder can use to gain access of the computer. First, an intruder needs to know which ports are open and which are active or listening, because this will identify the operating system and application being used. Then, the intruder will have to connect or initialized a connection to the port. If the intruder knows its way around the operating system, more likely the intruder can gain control of the computer. It could be crucial how port scan can be used by the wrong people which can result to exploitation of personal information. Understanding the idea of ping sweep and port scan should be given importance especially in this generation, where new technologies are constantly upgrading and continuously growing. The more people know about these types of attacks, the more that they can prevent themselves and prepare for these types of methods that intruders use. People should frequently be educated to these kinds of scanning methods, the different maintenance of their systems, and the applying settings for their computers. Learning more about how to set up firewalls and setting up extra security to personal information. Hackers, intruders, attackers can be driven away by having a tight security to the system and being aware of them. References: Lawrence, T. Dec. 01, 2001. â€Å"Network Probes Explained: Understanding Port Scans and Ping Sweep. http://www. linuxjournal. com/article/4234 Arkin, O. , November 2009. â€Å"Network Scanning Techniques† http://www. arcert. gov. ar/webs/textos/netscan. pdf