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Contract law, Doctrine of consideration Case Study

Agreement law, Doctrine of thought - Case Study Example Teacher Patrick Atiyah1. Thought can be characterized as A demonstration of se...

Wednesday, January 29, 2020

Linking and Illegal Trespassing Essay Example for Free

Linking and Illegal Trespassing Essay Bidder’s Edge was different than EBay normal customers for a few reasons. Bidder’s Edge searched for bids on EBay to compare with bids from other bidding sites to find the best bids for customers. Bidders Edge could have potentially slowed the access to EBay’s actual customers on EBay’s site directly (The Recorder, 2000). I feel EBay gained concern because this process could have lost them potential or current customers. For example, if EBay was being compared to other bidding websites with low bids, then it would be obvious that EBay would not be chosen by bidders. Bidders Edge for me seems a lot like Amazon. Amazon compares several stores prices to find their customers the lowest price. The difference with Amazon is that they only search stores that have granted them the permission to do so. Also unlike a bidding website, all prices are as is. Traditional trespass to personal property is entering a premise without permission, misusing or damaging the owner’s property and also preventing the owner of said property from using the property as the owner intended (Bick, 2000). The difference between traditional trespassing and to personal property differs from the California definition of trespassing to computer services is vastly. Where with the traditional trespass to personal property is easy to prove, the California definition of trespassing to computer services is not. California definition of trespassing to computer services states that the owner of web site has to prove that the use by trespasser has caused injury to web site or owner. Being that a majority of the internet is public access, it can be hard to not allow access to certain individuals and companies while considering themselves a public website. Also an internet site is much easier to access than a physical property and harder to prove.

Monday, January 20, 2020

Why Do Convenient Stores Have Locks On Their Doors If They Are Always :: essays research papers

Why Do Convenient Stores Have Locks On Their Doors If They Are Always Open? At 1:30 in the morning you are driving down Walton Road when you pass the 7-11. You decide to stop in and treat yourself to a nice big slurpee. As you pull in the parking lot you notice that the sign says, "We're open 24 hr's, 7 days a week, 365 days a year." However, when you reach the door you notice that they have locks on the doors and you think to yourself, why do convenient stores have locks on their doors if they're going to be open 24 hours a day, 7 days a week, and 365 days a year? If they're never going to close then they have no need for locks on the doors. This will only cause an inconvenience for employees and customers. The idea of adding locks onto the doors is only going to cost the store more money. Also, it would give the managers one extra key on their already big key chain that they really have no use for. Since they are open every second of the year, they never need to lock the doors between shifts. When one person's shift is over then the next person will come in and take over. It's not like most stores where at night when the store closes they lock the doors and go home. Then, in the morning whoever is going to be opening comes in and unlocks the store and gets it ready for the first customers of the day. This situation would never happen at a store that is open all the time because there always has to be someone working. On a rare occasion, the store might need to the lock the doors if someone outside is causing trouble. However, if they locked the doors and wouldn't let any customers in they would be lying saying that they're open 24 hours a day, 7 days a week, and 365 days a year. Doing this would cause the store to lose money because no one could then get into the store. By adding locks onto the doors would also make people think that sometimes they do close, like on holidays. On almost all national holidays like Thanksgiving and Christmas, stores will be closed to allow their valued employees time off to spend with family. If this was the case then some people might avoid shopping there on holidays in fear that when they get there they will be closed. Then they would have to drive all the way to another store

Sunday, January 12, 2020

Problem Solving & Critical Thinking – Hdlt

Critical thinking and Problem Solving HDLT mini paper It is possible to store the mind with a million facts and still be entirely uneducated. Alec Bourne. According to American educational Psychologist – Robert M Gagne – â€Å"The central point of any education is to teach people to think, to use their rational powers, to become better problem solvers. â€Å" Looking at the current model of our own learning, in HDLT 2 class itself – as students of the second semester in the university; we have been exposed to theories of this subject before. It is now time for adapting, assimilating, applying the past knowledge in real life contexts.This adaptation is tested through fresh, innovative learning environments and higher expectations. Let us first determine critical thinking and problem solving and see how are these phenomenon interrelated with each other and the role both these skills play in our lives. Critical thinking (CT) is defined as â€Å" intellectually di sciplined process of actively and skillfully conceptualizing, applying, analyzing, synthesizing and /or evaluating information gathered from or generated by observations, experiences, reflections, reasoning or communication as a guide to belief and action. Scriven & Paul, 2007, P 1). Thus simply put, CT is metacognition or thinking about thinking. Problem-solving (PS) is a mental process that involves ascertaining, investigating and solving problems. The eventual objective of problem-solving is to overcome hindrances and find a solution that best resolves the issue. These problems could range from simply crossing the road and reaching safely on the other side without getting hurt by the oncoming vehicles or solving a Sudoku puzzle or figure out a estimated expenses of a trip or in case of a child, solving a multiplication sum given in the class.The term problem solving ( P S) in educational settings would involve solving well-structured text book problems which are poles apart from ill structured problems which are encountered in everyday life. Thus we can see that in order to effectively solve a problem, one may require to engage with it and critically think about it to find the best solution. Let us now look at certain important broad themes and specific problem solving processes used by children – Broad themes – 1. Task analysis – details of steps taken to actually solve problems.For example a child adds 2 multi digit numbers, the actual process – starting with adding the numbers in the right most column, writing ones digit as a part of the answer, carrying over the tens digit ( if it is so ) †¦ so on and so forth. Task analysis helps in identifying the exact places where child might be encountering difficulty in solving the problem, the nature of the difficulty. Thus it gives an insight into the manner in which the child solves problems; and thus provides scope for rectification. 2.Means – End analysis – Using this methodology, one solves a problem by considering the obstacles that stand between the initial problem state and the goal state. The path to reaching the goal can be achieved by accomplishing smaller sub goals. When all of the sub goals have been achieved – when all of the obstacles are out of the way – then the main goal of interest has been achieved. Thus, means-ends analysis can be seen as a search strategy in which the long-range goal is always kept in mind to guide problem solving. 3.Encoding – this literally means identifying critical information in order to build internal representations. Thus it is very important to train the child to filter out the relevant data from the all the available information. Many children fail because they are not thought how to encode critical information and utilize it. Important processes of Problem Solving- 1. Planning – this is future directed PS, most often used in difficult and new situations. But most often the novelty of the situation also ensures that children often forget to plan. 2.Route Planning – this is done in order to select a most efficient route in order to reach a destination. Children as early as one year of age start showing the development of this ability. Example – an adult figuring out his way in order to reach a new destination; after looking at various maps. The route is figured out post route planning. 3. Causal Inference – many a times problem solving is an attempt to understand the cause of a phenomenon. Humans are curious by nature. A two year old will constantly be in the endeavor to know â€Å"why things happen†Ã¢â‚¬ ¦ why do birds fly, whereas animals don’t? so on and so forth. 4.Analogical Reasoning – In problem solving this is predominantly concerned with systemic correspondences, where a solution to a known problem may be applied to solving a structurally similar problem. Analogical reasoning improves with maturati on and increase in content knowledge. According to Piaget’s stages of development analogical reasoning only starts developing in the pre operational stage ( ages 2 -7) and gets occasional limited success in concrete operational stage(7-11) and becomes fully developed by formal operational stage (age 11 through adulthood) Stage I (Preoperational) – egocentric responses using idiosyncratic relations.IA – children were unable to form lower-order relations IB – some children able to form lower-order relations, but unable to form analogies Stage II (concrete operational) – occasional, limited success IIA trial-and-error success on analogies, inability to resist false counter-suggestions IIB consistent success on analogies, but inconsistent ability to resist false counter-suggestions Stage III (formal operational) – Success on all aspects of the tasks. Criticism of Piaget – Goswami & Brown reasoned that children might fail Piaget's tasks be cause they lack knowledge of the relations entailed.On this view, children ought to be able to solve classical analogy problems provided the analogies are based on familiar relations. Practice in analogical reasoning improved young children’s spontaneous formation of analogies. 5. Scientific reasoning: Children question everything as a basic premise,they want to know the why , how of everything; but they are also hugely influenced by the beliefs that they see are carried around them. Whenever they actually do something on their own, they do develop an understanding and rationality regarding the same phenomenon.For example a child understands that sugar takes less time to dissolve in hot milk rather than cold milk. Thus, when they indulge in activities, experiment they develop scientific and logical reasoning. 6. Logical reasoning – It is when a child can apply logical rules in order to solve problems. Logical reasoning requires the child to link each alternative to the main problem by strong reasoning. They may also require using logical structure â€Å"If†¦ , Then †¦. † for example if a child has to climb up two floors, he could either use the lift or the stairs.If the escalator lift for some reason is not working, then either the child could wait till the lifet starts working or take the stairs. The choices have to be logically reasoned out. Both analogical and logical reasoning develop gradually over early and middle childhood whereas scientific reasoning does take more time to develop and take shape as it is much enhanced by experience. Along with certain important processes used in PS some of the others are – Symbolic representation as tools Rule based problem solving etc. Above we have also looked at Piagetian perspective on PS.Let us also look at the Vyogotsky’s perspective on the same. Lev Vygotsky gave some novel ideas regarding childrens learning and their problem solving abilities. 1. Zone of Proximal dev elopment (ZPD) – This is the zone where learning takes place. This zone represents the difference the between what the child can achieve on its own and what it can achieve with the help of others. In order, for learning to occur, the elder or peer must provide a challenge that is beyond the child’s own capabilities and yet be assisted. Thus assisted learning or peer learning is an important aspect of children developing the PS abilities.If children have done a task with an adult or under the guidance of an adult (ZPD) they tend to show improvement whilst performing as opposed to those who were attempting it for the first time ( Piaget’s discovery learning ). Vyogotsky also pointed towards the importance of private speech in children, whenever confronted with a novel problem. This speech could be their method of engaging with the problem. As children grow up and get better at symbolic interpretation, this private speech diminishes. Now let us look at how a constr uctivist classroom helps children in enhancing their PS abilities.Constructivist approaches to learning attempt to generate environments where learners are actively engaged in their surroundings and environments that help them to construct and develop their own understanding, reasoning and knowledge, rather than the teacher interpreting their world for them. The learners interaction with the environment and with the subject matter at hand results them in having their own view about the subject. Thus we can see that collaborative learning is the hallmark of a constructivist classroom. For example – group of students in a chemistry class are learning about properties of organic salts.Instead of directly stating the properties, the teacher will devise questions which will engage the students in challenging their previous knowledge, link it to the other phenomenon that they have already been studying and generate a new level of understanding regarding the topic. During the discus sions and promptings, when one student comes with the relevant concept, the teacher would cash on it and hint to the group to further explore this concept. Late, she would sum up ay concluding what the class has learnt, what helped and what did not help them in constructing new knowledge.Question – The biggest question for me is the teaching methodology. In most of the schools, that me and my colleagues have visited during our practicum, we inevitably noticed that instead of focusing on teaching the students how to think, rationalize, develop an understanding. The focus is on what they should think? Conclusion – By providing them everything like â€Å"ready to eat meals†, we seal them from developing their own understanding. In a class room setting children, still encounter structured problems, in real life settings children will be coming across many ill structured problems.The aim of education must be to prepare them for encountering the challenges that they w ould face everyday. They have to be trained to adequately use their problem solving abilities within the classroom as well as outside it. References – Taylor, L, (2005). Introducing cognitive development. Taylor and Francis: Psychology Press. (Chapter: Thinking and reasoning). Siegler & Alibali (2005). Chapter 10: Problem-Solving (pp 341-380). Synder L. & Synder J. – Teaching critical thinking and Problem solving skills, The Delta Pi Epsilon Journal, Volume L, No. 2, Spring/Summer, 2008

Saturday, January 4, 2020

Essay The Zen of Fight Club - 1781 Words

Fight Club is a movie based on the book of the same name written by Chuck Palahniuk. It was released in 1999 as a film directed by David Fincher. The film, when first shown in theaters, did poorly falling well short of what 20th Century Fox’s expectations were. The major problem that the film had was its negativity toward women with such lines as, â€Å"we are a generation of men raised by women†, as well as its portrayal of the film’s leading female character Marla Singer who is seemingly the root of all the nameless main character’s problems. By contrast in the movie are told to take back their masculinity and fight. After the film’s release to home video, a cult following quickly grew. A concern that sprouted from the film was that there†¦show more content†¦In many circles of Buddhism, they do not see themselves as religious but instead a philosophy with no belief in a god or high power. Rather a higher understanding called nirvana. The Buddhist tradition of nirvana is described as the extinguishing of the fires that cause suffering. These fires are typically identified as the fires of attachment, aversion, and ignorance. Once again in this belief we see the idea of letting go and becoming more aware about the self. There are many types of enlightenment in Buddhism but the most prevalent is nirvana and the release from rebirth cycles. Where there is nothing; where naught is grasped, there is the Isle of No-Beyond. Nirvana do I call it—the utter extinction of aging and dying. There is that dimension where there is neither earth, nor water, nor fire, nor wind; neither dimension of the infinitude of space, nor dimension of the infinitude of consciousness, nor dimension of nothingness, nor dimension of neither perception nor non-perception; neither this world, nor the next world, nor sun, nor moon. And there, I say, there is neither coming, nor going, nor stasis; neither passing away nor arising: without stance , without foundation, without support. This, just this, is the end of stress. (Sakya 48) So what does any of this have to do with the story in Fight Club? In the beginning of the story our nameless protagonist is suffering from insomnia. â€Å"Three weeks and I hadn’t slept. Three weeksShow MoreRelatedThe Korean War : An Economic, Social, And Cultural Interregnum2401 Words   |  10 Pages The country was in a minor economic depression following the end of the Korean War. The Korean War represented a qualitative leap forward in technology and a lag in all other factors. However, morale broke down for a more simple reason. You can fight only one such war every twenty-five years. The Korean War took place within the effective memory of the Second World War. 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