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Nkisi Nkonde

History

Nkisi Nkonde

Introduction

The nkisi nkonde is mostly related with the Congo people who are from the Southwestern of Africa (Henderson 2014). According to the Congo people, an nkisi is said to be a spirit, which is familiar to the people and can be called upon at any time with the purpose of witnessing and enhancing the transactions that occur within the community. The essay will describe ways that an nkisi nkonde transforms to a community visual record.

How Nkisi Nkonde Have Changed Over Time to become visual record of a community

Nkisi nkonde is a crafted vessel. Henderson (2014) explains that they keep on changing form their simplest form to more developed form. The nkisi nkonde vessel has changed over time since specialists tend to add more materials to the sculptures depending on the number of people who come seeking help. As the nkisi nkonde vessel is added more materials, it not only becomes more complex but also becomes more powerful.

According to Henderson (2014), the community people are always involved in the rituals that are presented to the nkisi nkonde by the specialist chosen thus nkisi nkonde becomes visual to the people. Nkisi nkonde has become visual to most Congo people since most of them take part in performing the activities centered on the nkisi nkonde depending on the use of the vessel. The Congo people have taken up the responsibility of involving nkisi nkonde in their affairs since the vessel has become useful to the people by providing them with what they need thus becoming more visual to the community.

It is correct to state that nkisi nkonde is an important image among the Congo people, which has developed over time. The image has reformed from simple form to more complex and powerful vessel over time due to the more materials added to it as people ask for more help from nkisi nkonde. Nkisi nkonde has become more visual to the people since most of the people within the community are allowed to participate in the rituals that are presented to nkisi nkonde.

Reference

Henderson, D. (2014). Nkisi Nkondi: the trace of transference in the analytic relationship. Mcgrahill pub.

Professional Nursing Practice

Professional Nursing Practice

Question A

The theory that is well represented as per this study’s nursing practice is Virginia Henderson’s need theory. According to this concept, an almost one hundred percent efficient nursing health care is achieved by teaching patients the act of self-care which they will implement upon being discharged. Research has shown that 90% of recurring cases of medical illnesses are caused as a result of the general lack of knowledge on how to better care of themselves (Atkins, Britton & Lacey, 2011)). In light of this fact, the need theory was implemented to help patients take better care of themselves during and prior to treatment. This prevents reoccurrences of complications that further adds to the burdens of medical personnel. In short, the theory emphasizes that awareness on proper means of self-care should be provided alongside the actual health care. The nurse’s job is hence split into two directives which all have to be achieved for good health care to be administered. The nursing theory can be used to predict excellent nursing practices. These are primarily the methods which incorporate awareness on self-care more so in medical conditions which warrant this (Atkins et al., 2011).

The theory is applicable to my practice since I always make sure to educate the patients on what they should do to enhance their recovery upon being discharged (Atkins et al., 2011). This is usually through handling of pamphlets or booklets that showcase all of the activities they would need to indulge in as they embark toward their recovery. I very much encourage asking questions regarding the topic, and I am willing to answer anyone thrown my way. Lastly, as a means of assessment, I ask the patients what they need to do to take proper care of themselves and judge their learnedness by the responses they give (Atkins et al., 2011). This constitutes the theory and how it relates overall to my practice as a nurse.

 

Question B

Two influential figures as per my nursing practice are Clara Barton and Florence Nightingale. These two are some of the best nurse’s history has to offer. They are primarily well known for contributions in the nursing field. Barton, for instance, was referred to as the “Angel of the Battlefield” during the civil war. This was attributed to the fact that she worked tirelessly to tend to the sick and the injured during the highly acclaimed Franco-Prussian War. Her hard work and commitment not only earned her the above mentioned honorary title, but she was also assigned special duties by President Lincoln himself (Butts & Rich, 2016).

Florence Nightingale also earned her mark in the nursing field by her sanitation improvements during the Crimean war (Grace, 2010). This, in turn, led to increased nursing and doctor training in order to deliver impeccable health care services to the casualties of war. Her efforts are solely attributed to the establishment of the Army Medical College and the Nightingale School for nurses. Her efforts also earned her an honorary title as she was now referred to as “The Lady of the Lamp.”

These two figures made significant contributions toward the healthcare of war casualties. Their sheer commitment and zeal to serve toward a time where health casualties were very many are the reasons as to why I term them as the two most prominent figures influencing my nursing practice since I wish to replicate such commitment in the process of administering health care (Grace, 2010). Although they both contributed to providing health care to the casualties of war, Nightingale’s efforts led to the establishment of awareness schools.

Question C

A board of nursing such as the state board of nursing is primarily charged with the task of regulating nursing practice (Grace, 2010). This can be achieved through a significant degree of acts such as controlling the designated working hours for each rank of the nursing practice, regulation of the pay which is dependent on the amount of work a nurse has been subjected to, the drugs used, the most appropriate measures to be employed, the hospitals which nurses are assigned to are just some of the roles the State Board of Nursing is involved with. Any activity which regulates nursing practices is all from the State board of nursing (Ulrich, 2012).

A professional nursing organization, on the other hand, works hand in hand to advocate for nurses. This shows that it shares some distinct similarities in terms of roles as a nursing board. An example of a professional nursing organization is the American Nursing Association (ANA) (Ulrich, 2012). It advocates grievances faced by nurses such as lack of proper and sufficient pay, being overworked, the increment of payment and so on. Any complaints are forwarded here.

These two nursing organizations influence my practice very much. Any ideas I have concerning how best a particular nursing practice may be improved will be transmitted to the first organization (State Board of Nursing) while any complaints I may have concerning the general state of the nursing practice will be directly sent to the ANA (Ulrich, 2012). Failure to maintain my license requirements would deem me unqualified for my line of work, and thus my license would be on the verge of revocation. The nursing license for a compact state allows one to be tied down exclusively to a single state while for a noncompact allows for movement.

Question D

Regulatory agencies play a significant role in influencing nursing practices. Examples of these agencies which will form an integral part of this discussion include the FDA (Food and Drug Administration Agency) and the Centers for Medicare and Medicare Services (CMS). They play the following roles in the overall administration of proper healthcare (Grossman, 2013).

The FDA, according to its profile, is involved in the promotion of public health through monitoring of food stuff consumed by individuals. They are also involved in monitoring some select drugs such as tobacco which people consume. They primarily work to ensure proper nutrition since a large portion of illnesses and infections which warrant nursing care are as a result of improper diet. This agency will very much influence my nursing practice (Grossman, 2013). The discussion above warranted proper health care through the teaching of patients on proper self-care techniques. In essence, the self-care techniques taught usually revolve around ensuring proper nutrition. The agency is hence very conversant with my nursing practices.

The second body, CMS plays a large role in fostering health insurance more so among children. Since insurance advocates for an uninterrupted medical care for the best results, this shows that the agency plays an important and integral part in influencing my overall nursing practice (Grossman, 2013). The implications which may be made in the event that a patient asks for an alternative therapy may be that the agencies are not as effective in the implementation of their services. For instance, a patient asking for alternative food therapy may be as a result of the FDA not providing essential food therapy while the implications made as a consequence of a patient asking for an alternative treatment in terms of the CMS may be due to the fact that the insurance money is not covering all that is intended to (Grossman, 2013).

Question E

The states chosen as per this discussion are Kentucky and Ohio. These two states share some common similarities. In both states, the nursing practice hinges on private-not-for -profit and for profit purposes. Research has also indicated that these two states perform the exact same recruitment and staffing techniques. This is basically in terms of the qualifications and the hospital being recruited to upon being signed. The one major disparity which exists as per these states is solely that Kentucky requires a nurse to securely verify whether a performance act is within the scope of practice for a designated system (Grossman, 2013). Ohio does not

Registered Nurses, (RN), Registered Practice Nurses (RPN) and Licensed Vocational Nurses (LVN) all have similar job descriptions as per their practices (Ulrich, 2012) The only real difference is in the degree of qualifications. Kentucky views an RPN practice as a practice heavily based on knowledge acquired from school while Ohio has a somewhat different view on this. Ohio sees RPN practice to be heavily influenced by experience as well as education. In terms of Registrar Nurses, the only real difference between the two states is the fact that practice in Kentucky is heavily tied down to the concept of authorities and ranks while Ohio does not dwell very much on this. Finally, in terms of the LVN, Kentucky views its scope of practice to be heavily tied down to the professional organizations such as ANA (Grossman, 2013).

The two states are very similar in terms of their rules of delegation. This can be attributed to the closeness in terms of the geographic position of the two states. This is solely responsible for the borrowing of ideas between the two states. The only difference lies in the structure of the delegations themselves since they are based off from the constitution of the two states (Grossman, 2013). The rules for safe practice as per this discussion are very similar for the two states. The rules dictate that the nursing practice should work hand in hand to reflect the safety standards which are designated as per the hospital’s policies. Any act found to contravene this law is very punishable by license revocation.

Question F

The following distinctions exist as per the discussion of the different nursing ranks under the following subheadings. A scientist, in general terms, is involved in testing various scientific phenomena and finding a marked relationship between them (Grossman, 2013). In essence, all of the three categories are comprised of nurses. An RN’s job is more essential, scope-wise when compared to that of an LPN. This is in terms of scientific work. An LPN can expand the grounds of research far beyond that permitted for an RN. An RN, for instance, cannot be allowed to conduct experiments on human test subjects. An unlicensed nurse is only subject to instruction and cannot be allowed to partake any serious research activity (Ulrich, 2012).

A detective is involved in putting pieces of evidence together in order to solve a case. Since investigative processes correspond very well with scientific investigations, the scope for a scientist mentioned above very well corresponds to that of a detective (Ulrich, 2012). All three nurses are allowed to investigate, although there are limits pertaining to the seriousness of the case in question. An assistant is subject to instruction. However, she or he is allowed to provide some meaningful insight based on their understanding of the case in question. An environmental health manager has a job description that is well suited to an LPN. This is mainly because the job involves a lot of practical work which is the job description of an LPN. An assistant is subject to instruction as always, and an RN can also pose as an assistant to an LPN as per this job description (Ulrich, 2012).

Question G

The provisions chosen are as follows:

First Provision:

The nurse, in all professional relationships, practices with compassion and respect for the inherent dignity, worth, and uniqueness of every individual, unrestricted by considerations of social or economic status, personal attributes, or the nature of health problems.

Second Provision

To fight for the rights, respect, and dignity of the patient.

These two would help in the process of delivering excellent health care to individuals. The first one expresses passion in nursing practice. Doing one’s work with passion is the basis of achieving one hundred percent efficiency. In short, the first provision influences nursing practice since it advocates for passion while performing the various nursing practices. The second provision allows for giving the patient respect. This is vital for productive relations which may promote adequate nursing care. The major error made includes a mix up in prescription medicine. The patient given the wrong medication showed a marked decline in health standards as time went by. It was by chance that this was discovered just in time and proper medication administered. The ANA provisions, as already seen above, advocate for the patients being the top most priority when delivering medical care. This does not allow for any margin of error to be made in accordance with their treatment. The ANA fights against errors such as this which may put the patient’s life in danger.

Question H

The four leadership qualities which may be applied to represent sheer excellence in nursing include the following.

  • Respectfulness
  • Efficiency
  • Passion Toward one’s line of work
  • Commitment

A leader at the bed side interacts more with the patient. Trustworthiness would allow for gaining approval and trust of the patients. As a result, they may share some crucial and valuable information which may accelerate the rate of their recovery. Being a leader of a large nursing team warrants the use of all of the above-mentioned values. Respectfulness goes both ways hence I would earn their respect by giving them theirs. Trustworthiness will make me become reliable, and they can also share some of their pressing matters to me. Passion and commitment will make me lead effectively. The interdisciplinary team is charged with offering penalties in the event rules and regulations are violated. This is usually done prior to amid investigations and a mini hearing. The above four qualities would allow me to testify in most of the cases. The organization has a comprehensive structure with a firm Constitution which advocates for ethical nursing practices.

References

Atkins, K., Britton, B. & Lacey, S. (2011). Ethics and law for Australian nurses. Cambridge Port Melbourne: Cambridge University Press.

Butts, J. & Rich, K. (2016). Nursing ethics: across the curriculum and into practice. Burlington, MA: Jones & Bartlett Learning.

Grace, P. (2010). Nursing ethics and professional responsibility in advanced practice. Burlington, Massachusetts: Jones & Bartlett Learning.

Ulrich, C. (2012). Nursing ethics in everyday practice. Indianapolis, Ind: Sigma Theta Tau International.

Grossman, S. (2013). Mentoring in Nursing: A Dynamic and Collaborative Process. New York: Springer Publishing Co.

Power Dynamics

Power Dynamics

Sociopolitical factors

Power assists leaders fulfill their responsibilities to their subjects. To bring law and order in a group, there is the need for a bold person who stands and guides the people because the ideas and the propositions are diverse. This calls for a neutralizing factor that in this case is a leader (Padiyar, 2008). Power reduces bureaucratic obstacles in organizations since the protocol followed is clear therefore reducing delays in the provision of services to the people. Power also has negative impacts on sociopolitical aspect as there are chances of misuse of power in some instances. Most of the people given the mandate to lead people may take advantage and cut deals that benefit them individual undermining their subjects.

Stakeholders

Power helps stakeholders have a positive influence on their colleagues as they pursue their goals as well as the organization’s goals (Bodin, Hedlund & Namli, 2012). People who are in power have to consult before making major decisions as they might adversely affect the whole team. Legitimate and illegitimate power also have the ability to inspire commitment of the stakeholders in a particular field they are entrusted on since failure to do so makes the entire team fail. For this reason, power is assigned to people according to areas of specializations and influences so as to boost their performance.

Interested parties

Power reduces uncertainties to the interested parties since most of the time people in power represent the interests the people who put them there (Bodin, Hedlund & Namli, 2012). Power streamlines all bits and inspires confidence to the interested parties creating a harmonious environment.

References

Bodin, P.-A, Hedlund, S., & Namli, E. (2012). Power and Legitimacy – Challenges from Russia. Hoboken: Taylor and Francis.

Padiyar, K. R. (2008). Power system dynamics: Stability and control. Hyderabad [India: BS Publications.

 

Geographical Analysis

Geographical Analysis:

 Introduction

Tokyo is located on Honshu Island and serves as Japan’s capital city. It is the largest city in japan and the most populated metropolitan area in the world (Briney & Amanda, 45-55). The geographical site and situation of a city primarily determines its growth and overall development over time. The growth of Tokyo is attributed to its favouring site and situation. With its large water capacity, presence of minerals, wildlife and widely connected transportation systems, the city has grown and developed rapidly over the years.

Identify major water bodies and physical features.

Briney and Amanda (34-38) explain that Tokyo houses many water bodies that play a significant role in providing water, food and transportation. Tokyo bay that connects to the Pacific Ocean is among the major water bodies in Tokyo. Tokyo bay houses the major ports thereby facilitating transportation through the Pacific Ocean. Lake Okutama and Murayama Reservoir also form a significant part of the Tokyo’s water bodies with an overall volume of 189 million m2 and 14.9 million m2 respectively (Hillard, 76). Rivers passing through Tokyo include Edogawa River and Tamagawa River (Hoy & Selena, 56). Other rivers are Arakawa River, Denu River, Sumida River, Tama River, Meguro River, Kanda River, Naka River, Onagi River, Shirako River, Tagara River and Tsurumi River.

Many physical features exist in Tokyo. Tokyo is fully bordered by water. Many rivers, dams, reservoirs and lakes are also present. Additionally, the metropolitan hosts many mountains including Mt Takao, Mt Mitake (Hoy & Selena, 78-81). Other mountains include Mt Jinba and Mt Kumotori. Kanto plain is also a noteworthy physical feature. It is used for commercial, residential and farming activities. Another physical feature of Tokyo is the Aokigahara forest that covers an area of 35k2. The forest is dense and with natural sounds. The Korea Strait also serves as a physical feature. The 200km sea passage between Korea and Japan connects East China Sea and the Sea of Japan.

Describe the organization of the city: Where is the urban core, where do people live, what kinds of recreational activities can be identified from the map?

According to Spacey and John (45), Tokyo City is subdivided into 23 wards for administrative purpose. The city exists as a census metropolitan area (CMA) urban core resulting from the 23 municipalities totalling to a population of over 13 million people. People live in different areas considering factors such as proximity to public transport, budget, bilingual concierge services, employment and proximity to schools. For instance, most people live in Nakano making it the most populated in Japan. Azabu is the home to rich and famous individuals and houses various foreign embassies (Spacey & John, 43-45). Top designers and models live in Omotesando whereas most politicians, celebrities and business leaders reside in Denenchofu. Many people also live in Nakameguro due to its proximity to Meguro River (Spacey). Recreational activities in Tokyo include mountain climbing due to presence of mountains, boat riding in the lakes and dams, fishing in the rivers and lakes and taking a walk in the parks such as Sengenyama Park, Koganei Park and Shiseki (Park Spacey & John, 45).

City transportation network

The city’s transportation network is dense and interconnected. Most transportation is done through roads and railways which form the largest transportation network throughout Tokyo. Presence of airports such as Chofu Airport indicates possibility of air transport. People also use water transport when moving from place to place especially those near the lakes and Tokyo bay (Hillard, 47-52). With roads and railways connecting almost all major towns and residential regions, they are by far the most used transportation means, especially the trains. Tokyo is also well connected to surrounding regions. This is primarily attributed to the waters surrounding the metropolitan city entirely (Hillard, 23). For instance, Tokyo is connected to South Korea through the Korean Strait. It is also connected to Russia through the Sea of Japan. Additionally, the Asian Highway 1 that passes through Tokyo also connects it to many surrounding regions including China, Hong Kong, Pakistan, India and Iran.

Works Cited

Briney, Amanda. “What Is The Importance Of Site And Situation In Terms Of Geography?” About.com Education. N.P., 2016. Web. 3 June 2016.

Tokyo government, “Lake Okutama / Official Tokyo Travel Guide GO TOKYO”. Gotokyo.org. N.P., 2016. Web. 3 June 2016.

Hoy, Selena. “Terrific Tokyo Area Hikes | Tokyo Cheapo”. Tokyo Cheapo. N.P., 2015. Web. 3 June 2016.

Spacey, John. “22 Best Places to Live In Tokyo”. Japan Talk. N.P., 2016. Web. 3 June 2016.

Hillard, K. USGS, “Earthexplorer”. Earthexplorer.usgs.gov. N.P., 2016. Web. 3 June 2016.

Zilbah, J. “Tokyo Geography”. Tokyo-tokyo.com. N.P., 2016. Web. 3 June 2016.

 

 

 

Taxation Law

Taxation Law

Residence and source

According to Nolan (2006) the payment of taxes is a mandatory requirement for the residents in Australia as the income tax forms the substantial revenue stream for the Australian taxation system. Nolan (2006) asserts that income tax by the Australian government is entirely generated from three sources that involves personal earnings, corporate income and capital gains. However, Commission of the European Communities and Price Waterhouse (2013) observes that the payment of income taxes by the government not only target the Australian governments but also the non-residents and the foreigners that invest in the Australian territories. Further, Commission of the European Communities and Price Waterhouse (2013) state that the Australian residents that work or leave Australian territories are entitled to the payment of the income taxes if they have not set a permanent home outside Australia. Similarly, Nolan (2006) states that the visitors and the non-residents in Australia are also entitled to pay taxes under certain conditions based on the time frame the persons resides within the country. According to Nolan (2006) the national taxation requirement for the foreigners is done on six moths and annual basis as the people living in Australia for over six months are entitled to income taxes as the residents of Australia (Nolan, 2006). This paper therefore seek to critically analyze the taxation state of the foreigner and the business person Fred as an Australian resident based on the provided case study.

Notably, Fred is a British resident that relocate to Australia for business purposes and rents a home Australia for 12 months and established a branch of his company with a stay time that is not ascertained in Australia. Based on Nolan (2006) observation Fred is thus a residence of Australia due to the period of residence in Australia exceeding six months and is thus entitled for the payment of taxes.

According to Commission of the European Communities & Price Waterhouse (2013) the visitors that arrive and live at the same time for the period of time exceeding six months and have established ties in the local community the visitor is entitled to the payment of income taxes as an Australia resident. Further, Commission of the European Communities & Price Waterhouse (2013)states that the visitors that arrive and live in Australia for more than six months and travel working in various locations around the Australian territory is also entitled to the payment of taxes as a foreign resident. Basing the taxation requirements on the Fred’s scenario, Fred is thus required by the Australian government to pay the residents income tax as a resident of Australia due to his business connection with the Australian community (Commission of the European Communities & Price Waterhouse, 2013). As observed by Nolan (2006) the operation of business and other corporate activities within the same location the individuals operating the business are thus required to pay for the corporate income and the capital income taxes. Fred is thus required to pay the foreign income taxes as a business operator in Australia with braches within the country as required by the taxation system (Nolan, 2006).

In conclusion, Fred as a foreigner and a business person operating within the Australian territories, friend is entitled to pay for the income taxes both for his business and a personal income tax as required by the taxation system based on his individual income sources. Further, regardless his departure from Australia, Fred’s business is entitled to be taxed accordingly in relation to the Australian corporate taxation system.

Californian Copper Syndicate Ltd v Harris (Surveyor of Taxes) (1904) 5 TC 159

According to Australia federal court (2009) the Californian Copper Syndicate Ltd v Harris (Surveyor of Taxes) (1904) 5 TC 159 is aimed at the realization of the capital assets and whether the profit generated from the sale of a property is essential to be exploited or not. Further, Australia federal court (2009) states that the case also seek to assess and analyze whether the corporates minerals are ordinals income or capital in nature. The case therefore involves the court for the determination of the taxation situation of r the company to ensure that the company adheres to the taxation system accordingly based on the income status. Notably, the organization purchased land for the extraction of copper but the company resold the land for a profit for the exchange of shares with the stock exchange income that is viewed as an ordinary income profit (Australia federal court, 2009). However, CCH Australia (2011) states that the type of income involved in the business transaction is capital in nature as the company sold the purchase of the land as a property within which the company would have extracted and sold in at a profit. Further, Australia federal court (2009) asserts that the company’s director urges that the investment do not require to be assessed as the company did not exchange the land for a different investment but instead sold it for the commodity that would have been extracted and be sold at a profit.

According to CCH Australia (2011) due to the scenarios related to the sale of land based on the business requirement and the and its operation and the taxation system to the taxpayers, the court came up with a ruling that seek to curb the stipulated course of action taken by the business for an effort to provide the effective action to be taken based on ordinals and capital taxpayers action (CCH Australia Limited, 2010). CCH Australia (2011) asserts that it is the requirement by the law that a taxpayer (individual or corporates) to ensure that transactions are done with a profit making purpose (CCH Australia Limited, 2010). However, CCH Australia (2011) observes that the taxpayer is entitled to state the purpose of the business at the time of entering into a business transaction or operation. The court thus specifies that it is essential for the business as a taxpayer to make profit at the time of acquiring the property but with the stated purpose of the acquired property (CCH Australia Limited, 2011).

Scottish Australian Mining Co Ltd v FC of T (1950) 81 CLR 188

According to CCH Australia Limited (2010) the Scottish Australian Mining Co Ltd v FC of T (1950) 81 CLR 188case is involved with the corporate income and whether there is necessary subdivision and the sale of land that is supposed to be used for the extraction of minerals that is supposed to assessed as either ordinary income or a realization of the capital assets (CCH Australia Limited, 2010). According to CCH Australia Limited (2010) the Scottish Australian Mining Co Ltd had operated for many years and after the company’s mining operations the company subdivided the land and sold the land that the company argues that the company’s course of action in the sale of land was not assessable and the income generated was capital in nature and not ordinary income.  CCH Australia Limited (2010) asserts that the stipulated course of action by the Scottish Australian Mining Co Ltd was a business income and the asset was assessable as the land was acquired for the purpose of making profit. However, the court therefore was whether or not the piece of land was assessable and ordinary in nature or was a capital asset (CCH Australia Limited, 2010).

According to CCH Australia Limited (2010) the court therefore comes up with a ruling that states that corporates are entitled to the generation of profit or gain from the isolated transactions (CCH Australia Limited, 2010). Therefore, CCH Australia Limited (2010) states that the based on the Scottish Australian Mining Co Ltd course of action, it is acceptable by the law for an organization to generate profit from the isolated assets and gain a profit from them if their operations are not based on the assets anymore. CCH Australia Limited (2010) states that the court therefore provides a clear ruling stating that the taxpayers are therefore entitled to embark on their substantial assets that is acquired and generate profit out of the assets.  The corporates involved in larger business enterprises under the law are thus allowed to subdivide their assets and generate profit out of the assets (CCH Australia Limited, 2010). However, CCH Australia Limited (2010) observes that the court views the subdivided asset as an ordinary income and requires to be assessed as the company do not generate the capital income based on its type of operation and the purpose of the company (CCH Australia Limited, 2010). 

FC of T v Whitfords Beach Pty Ltd (1982) 150 CLR

According to Manson & Dixon (2006) the case of whitford beach pty ltd involves the acquisition of land by the by company to secure the shareholders of the company. According to Manson & Dixon (2006) the company course of action was not aimed at the generation of profit but to secure the beachfront for its shareholders. However, Manson & Dixon (2006) states that the land shares that were in the taxpayer were bought by three corporates that were not the initial shareholders of the Whitfords Beach Pty Ltd whose motive was to develop the land, subdivide it and sell it at a profit. Additionally, Manson & Dixon (2006) observes that part of the land was used for commercial purposes and the other was subdivided and sold at a profit that was to benefit the shareholders in the taxpayer (Manson & Dixon, 2006). Further, continues growth of the sold land that required the generation of roads, electricity and water necessitated the government intervention that accelerated the subdivision of more land by the selling agents of the taxpayer.

However, Manson & Dixon (2006) asserts that the profit generation fostered the necessity for the making of decisions on whether the income was assessable or not (Manson & Dixon, 2006). According to Manson & Dixon (2006) the court treated the income generated as a result of the sale of land as assessable income within the income tax assessment act and stated that the land that was sold was treated as an income in accordance to the ordinary usages and was assessable as a concept of humankind (Manson & Dixon, 2006). However, according to CCH Australia Staff (2012) the trading of land that is sold for a purpose other thus profit generation is not regarded as income and is treated as a capital income (Manson & Dixon, 2006). The sold land was therefore sold for both the purpose of profit generation after the acquisition of shares by the three corporates as well as to secure the interests of the initial shareholders that results in the assessment of the income as an ordinary income.

Statham & Anor v FC of T 89 ATC 4070

According to Australian society of accountants (2011) Statham & Anor v FC of T 89 ATC 4070 involves the subdivision of inherited land that was located in the outskirts of shepparton. The subdivision of the land was as a result of a permit issued requiring the land to be subdivided into smaller allotments and in turn profit was generated. According to Australian society of accountants (2011) the dispute arose on whether the sold land was assessable on the bases of the owner as a business with an aim of making profit (Australian society of accountants, 2011).

According to Australian society of accountants (2011) the sale of land was not a business motivated operation that was aimed at the generation of profit, however, the subdivision of land was thus as a result of the issued permit that implies that the sale of land was not motivated by business intentions. The court ruling therefore requires the taxation of the individual income be based on the taxpayer’s intention and purpose (Australian society of accountants, 2011). The sale of land was thus not an intention of the owner and is thus not assessable as the ordinary income.

Casimaty v FC of T 97 ATC 5135

According to Gaal (2010) Casimaty v FC of T 97 ATC 5135involve the taxpayer and other parties jointly purchasing primary production assets with an aim of expanding the existing business. However, Gaal (2010) states that the taxpayers later sells part of their asset but becomes unsuccessful due to lack of effective subdivision plan. However, the taxpayers later sells the land and secures the approval by the relevant local authority after the provision of suitable  plans as required by the planning scheme and makes a profit in return (Gaal, 2010).  According to Gaal (2010) it is thus a requirement by the law that the taxation system to be taken into consideration for the taxation of the income as the generated profit is acquired in an ordinary manner (Gaal, 2010). 

Reference

Australia federal court. (2009). the Federal Court Reports. Law Book Company.

Australian society of accountants, (2011). The Australian Accountant, Volume 54.califonia. Australian Society of CPAs

Butterworths. (2005). Federal Statutes Annotations, Volume3. Butterworths PtyLimited

Butterworts. (2009). Australian Current Law. Butterworts press.(moana)

CCH Australia Limited. (2010).Australian Taxation Study Manual: Questions and Suggested Solutions. CCH Australia Limited. (Scoteish)

CCH Australia Staff. (2012). Australian Master Tax Guide 2012. CCH Australia Limited. (Casimaty)

CCH Australia. (2011). Australian Tax Casebook. CCH Australia Limited.

CCH Australia. (2011). Master Tax Examples 2010/11. CCH Australia Limited.

Commission of the European Communities. & Price Waterhouse (Firm). (2013). doing business in Australia: A guide for small and medium sized enterprises of the member states of the European Community. Luxembourg: Office for Official Publications of the European Communities.

Gaal, J., (2010). Taxagent manual. CCH Australia Limited.

Lyndon maither (2000).The Federal Income Taxation of Partnerships and Joint Ventures, Precedents, Provisions and Materials, Sixth Edition. Lyndon maither press.(Statham)

Nolan, L., J. (2006). Australia Business: The Portable Encyclopedia for Doing Business with Australia. World trade press.

Prince, B., J., (2011). Property & Taxation: A Practical Guide to Saving Tax on Your Property Investments. John Wiley & Sons (crow)

Queensland Law Society. (2000).Law Institute Journal: The Official Organ of the Law Institute of Victoria. Reviews Pty. Limited

Manson, H., Dixon, J., (2006).Case Companion to Ryan’s Income Tax Manual. Law Book Company

Reengineering of Health Care

Reengineering of Health Care

In the process of re-engineering health care, nurse manager plays a crucial role in ensuring that the interests of various patients in the hospital are consistent by working in good relationship with the health care providers with an aim of improving medical services. Moreover, the nurse manager acts as a good role model, a quality that other players in the health care emulate. Through the attribute of being a good role model, the performance improves because the minors tend to emulate their leaders in performing various operations (Ernst Strüngmann Forum, Gigerenzer & Gray, 2011). In addition, the nurse manager plays a great role in re-engineering health care process by encouraging teamwork among nurses that helps in improving the quality of the work done. Fry (2010) postulates that the nurse leader contributes in re-engineering the health care sector by presenting and providing assistance and information that help in educating employees in a health care regarding the necessary requirements and behavior that can help in improving the performance of the sector.

Research by Champy and Greenspun (2010) shows that nurse leaders are required to have a broad range of knowledge in the field of management, teamwork and communication skills that is of great help in the process of re-engineering. Furthermore, the individuals contribute to the process of re-engineering by providing medical care supported by the appropriate evidence and by championing the patient’s aspiration and establishments of healthcare. The leaders also participate by empowering patients in various means that give them an opportunity to participate in decision making concerning the health care.

 

References

Champy, J., & Greenspun, H. (2010). Reengineering health care: A manifesto for radically rethinking health care delivery. Upper Saddle River, NJ: FT Press.

Ernst Strüngmann Forum, Gigerenzer, G., & Gray, J. A. (2011). Better doctors, better patients, better decisions: Envisioning health care 2020. Cambridge, MA: MIT Press.

Fry, B. F. (2010). Fast Facts for the Clinical Nurse Manager: Tips on Managing the Changing Workplace in a Nutshell. New York: Springer Pub. Co.

 

Pride and Prejudice Reinforcement on Sexist Stereotypes of Women

Pride and Prejudice Reinforcement on Sexist Stereotypes of Women

Introduction

Published in1813, Pride and Prejudice is a novel authored Jane Austen. The novel is one of Jane’s most famous novels. The novel depicts emotional development and bitter conflict between families. The book also elicits sexist stereotypes of various women featured in the novel. The novel revolves around Mr and Mrs Bennet, and their five daughters. Mr Bennet’s property is entailed, thus implying that one of the daughters would be necessitated to marry into a wealthy family to assists the rest. In its entirety, the primary context of the novel lies in the British Regency, education, marriage and money. The book is centered on the 18th-century scenario in which women got prejudiced and lacked considerable status in the society. The women’s role was limited and their social status was subordinate. With the level set in such a context, it may imply an immediate impression of eroding sexist stereotypes of women, which is not the case. This is because the first part of the novel focuses on the imitations of women with regard to sexist stereotypes. However, evaluating the later occurrences depicts that this was just for introductory since depending on whatever that transpire, the later parts focus on reinforcing women sexist stereotypes. The paper will delve into an in-depth scrutiny of Austen’s Novel to determine if it reinforces sexist stereotypes of women. 

 

 Discussion

Mrs Bennet was dedicated to ensuring that all her daughters were happily married. This dedication is evidenced where Mrs Bennet states that she would wish for nothing more is she just saw one of her “daughters happily settled at Netherfield and all others equally well married” (Austen 6). The assertion confirms the reinforcement of sexist stereotypes of women. The mother is not wishing her daughters to be just married, but be happily married. It affirms that her joy would be realized when her daughters are well settled in their lives (Chin-Yi). As a fact, marriage is an essential phase in every person’s life. Life without a partner may end up not bringing anything useful. Couples can share ideas, help each other, fight away loneliness and reproduce children. Marriage is among the central themes of the novel, due to its apparent importance to individuals, it involves their relatives and the society. Austen also notes that it is universally acknowledged that any man with riches will always be on the lookout for a wife (Austen 2). This stresses the point further to imply that even successful and prominent men in the society need a wife at their side. All these aspects of marriage depicted above, amalgamated with Mrs Bennet’s desire to view all her daughters getting happy marriages. It affirms that the novel strongly reinforces sexist stereotypes of women.

In another situation, the sexist stereotype is depicted in the novel whereby women have the authority and obligation to think as they wish. For instance, Mrs Bennet is rightful to think about happy marriages for her daughters. Another example is that of Elizabeth who had modern views about marriage, and did not hide those feelings but instead shared them with other women. For instance, she believed that the young sisters ought not to be prevented from marrying until the elder sister gets married, claiming that it was a violation of those sisters from having the pleasures of their youth especially if the elder sister fails to marry early (Austen 92). She stands firmly to defend her point even on account that it contradicted Catherine’s conservativism. These instances reinforce sexist stereotypes of women pointing out that they have the right and freedom to express their personal views and air out their preferences.

Pride and Prejudice extensively illuminate the concept of both genders being different in nature. These differences between the female and male genders still exist even today in all fields, and it is hard to eliminate them. For instance, dowry is paid by men in most parts of the world, most of the nurses are female, most engineers are men and air hostess is dominated by females. The novel accepts the existence of such gender differences, but further puts them in a way that reinforces sexist stereotypes of women. For instance, Elizabeth was very persistent in her opinions regarding choosing partners. She states firmly that both genders should have an opinion and a right when choosing their partners, thus reinforcing sexist stereotypes of women. She further displayed her instinct throughout the novel in many occasions thus proving that although both genders are different, women too have a right to give their views and opinions.

Sexist stereotypes of women are also reinforced with regard to involvement in various activities and have personal independence. During the era, the prominent activities were set aside for men as they were considered symbolically and socially more superior. However, the novel follows a change in this male dominance and depicts how the women too could embrace their own independence and get involved in any activity. Women were also prevented from pursuing education as they were thought to have weaker minds (Gilman 3). For example, Mr Bingley’s two sisters painted played the piano and were well educated. These were aspects associated with men, but as women, they had been able to achieve them too. Miss Darcy was well educated too, and she exercised her independence without being controlled by her brother. Another example is Lady Catherine whose freedom exceeded those of other females featured in the novel. She was free to do what she pleased and controlled most of the happenings around her. She even played some roles that were expected to be done by men, such as telling Mr Collins to find a wife, which he later did. It demonstrates that the ideas of women having no power could be overcome.

Conclusion

Pride and prejudice have many themes, of which gender stereotypes are among the key ones. The gender stereotypes are mainly directed towards women. In the period during which the novel was authored, women were considered inferior and did not have an equal say with men. Their roles in the society were also limited, and they were always required to have the permissions of their husbands before getting involved in anything. However, despite all these negative sexist stereotypes of women that gave them an inferior position in the society the author reinforces them and shows how women could change the way they were perceived. Reinforcing sexist stereotypes of women are depicted in many places throughout the novel such as where we see women making their own decisions, becoming independent, getting educated, playing the piano, and giving out their opinions. The author demonstrates how various women authors went beyond mediocrity and overcame the stereotypes that undermine them, turning them into an advantageous edge.

 

Works Cited

 Austen, Jane. Pride and Prejudice. London: Michael O’Mara Books Limited, 2011. Print.

Chin-Yi, Chung. “Gender and Class Oppression In Jane Austen’ S Pride And Prejudice.” Academia.edu. N.p., 2017. Web. 9 Oct. 2017.

Gilman, Charlotte P. “The Yellow Wallpaper” and Other Stories. Mineola, New York: Dover Publications Inc, 1997. Print.

Legal Issues in Clinical Psychology

Legal Issues in Clinical Psychology

Privacy and Confidentiality

A psychologist is under legal obligation to uphold top most confidentiality of any information obtained by him from the client or through diagnosis of such client in the course of his treatment (Harrower, 2011). Moreover, the professionals are under legal requirement to protect any record generated during psychological undertakings in a safe and secure place where any unauthorized persons cannot access them (Linton, 2015). Privacy build trust and an interactive practitioner-client relationship.

Informed Consent and Refusal

Kaufman (2015) claims that it is a legal requirement that prior to initiating counseling and treatment clients by psychologists; they must be authorized to do so. In the event the patient is under-aged or of unsound mind, the parent or guardian is required to issue an authorization. A psychologist is also entitled to communicate any relevant information of treatment to the patient so that the ailing can comprehend their conditions and make a decision on whether to be treated or not. An example of a legal but unethical scenario is where a judge may order a practitioner to disclose information about a particular client without his consent.

Ethical Issues in Clinical Psychology

Professional Competence

It is important that a psychologist understands and acknowledges their strengths and limitations and endeavors to learn and improve on their weaknesses. Before a psychologist embarks on counseling or treatment their clients the professional must have proper training and experience to resolve the issues and understand when it is necessary to refer the patient to a more competent professional (Linton, 2005).

Professional Ability Not Being Prejudiced and Biased

A psychologist must treat all clients equally and must refrain from negative attitude that may impair his objectivity in performing counseling and treatment (Kaufman, 2015). They must not discriminate patients’ based on political class, gender, race and religion differences. Moreover, the professionals must avoid negative convictions and treat all patients competently.

A group of psychologists in a given community may agree to lower and charge the same prices of their clinical services and products so that they can be favorable and affordable to all people across economic class.

Professional Boundary, Boundary Crossing, Boundary Violations and Effect of Boundaries on Therapeutic Relationships

Professional boundary refers to an integral distance that limits practitioner-client relationship with a sole purpose of ensuring that the psychologist fully concentrates with the therapy (Kaufman, 2015). Professional Crossing can be defined as a slight deviation towards professional boundary that is supportive to the treatment (Harrower, 2011). For instance, the practitioner may favor a client at the expense of another. Boundary violation refers to an action where psychologists cross the edge defined by professional boundary to benefit themselves at the expense of the patient (Linton, 2005). For example, the doctor may get attracted and engage in sexual relationship with the client.

The professional boundaries enable practitioner-client interaction and relationship to be effective in regards to the counseling and treatment of the patient.

Cultural Limitations Associated with Assessment and Treatment

Client’s Cultural Background

A psychologist must understand the norms and values of his client cultural background before initiating counseling and treatment. This will enable them to provide a treatment that conforms to patient values (Harrower, 2011). In addition, individual tests and assessments should be distinct because language and beliefs differs from one culture to another hence difficult to generalize test.

Minority and Majority Group

A psychologist must design different approaches for minority and majority groups as they respond differently to test and assessment. Therefore the practitioner must develop a specific plan for each group that is culturally appropriate and respectable to enable them penetrate and perform the test to the client and receive a real response that will provide appropriate counseling and treatment (Harrower, 2011).

 References

Harrower, M. (2011). The practice of clinical psychology. Springfield, IL: Thomas.

Kaufman, J. C. (2015). Intelligent Testing: Integrating Psychological Theory and Clinical Practice. Cambridge: Cambridge University Press.

Linton, S. (2005). Understanding pain for better clinical practice: A psychological perspective. Edinburgh: Elsevier.

THE UNITED KINGDOM AND THE UNITED STATES CONSTITUTIONS

THE UNITED KINGDOM AND THE UNITED STATES CONSTITUTIONS

Introduction

A constitution sets out of laid out guidelines and structures of the state, stipulating the powers, of government institutions and also the relation between the government and other central authorities. Also, constitutions list the freedoms and rights of its citizens, and in doing so, it develops guideline and also limitations and responsibilities of the ruling or governing body of the land.

Similarities

The United States and the United Kingdom constitutions have a lot in common. Based on the constitutional similarities both counties share the following;

The United Kingdom and the United States constitution consist of the citizen’s rights and also their freedom as well as the rules that guide both governments is enshrined in the constitution. The two counties’ constitutions also recognize the head of state, un-upper house and the lower house of representatives. Moreover, the constitutions develop a democratic approach to governance where they give the citizens the power to vote in and also vote out the government. Additionally, they both provide each house with powered to audit another and limit their powers (Wiener & Rogers, 2012).

Differences

The major and most notable difference between the United Kingdome constitution is that in the UK the constitution is documented in one single book while in the United States the constitutions are unwritten. This means that the guideline, as well as the rights and freedoms of the citizens, are based on historical judgments and other case files that build up over time (McCrudden, 2013).

The other difference between the two counties constitution is that the United States Constitution is easily and open to amendments, as compared to the American constitution. This is because the British constitution can be changed by a court ruling, EU law or even an act of parliament. In America, the case is deferent since the constitution can only be amended if it gets two thirds (2/3) majority of the two houses, as well as the changes, must be supported by three quarter (¾) of the county’s population. On the other hand, the American constitution defines the role of the head of state and the government as one role assumed by the president while, in the United Kingdome, the same role is divided into two. As a result, there is the head of state and also the governing body that is the queen of Britain.

Merits of Written Constitution

The written constitution can avoid doubtful situations of deferent interpretation of the law, because of the provided retrenching ability, as opposed to the unwritten law, where there is no specific referencing in case of doubts. Unlike the unwritten constitution where it is based on historical events and case files, the written constitution emphasizes the rule of law. A written constitution avoids a scenario where the government of the ruling institution to practice arbitrary and whimsical, based on the fact that changing the constitution takes a lot of time mostly because of the protocols to follow. Additionally, the ability to reference the constitutions also limits arbitrary and whimsical cases (Mason & Stephenson, 2015). Through the written constitution there are equitable and well-distributed powers based on the three main federal units of the land. This is achieved since it is indispensable to federalism. A written constitution provides a framework to protect the fundamental rights of every citizen. Where the rights are essential in protecting the liberty and rights as a measure of a written constitution. Depriving an individual of any of these rights will be unconstitutional.

Reference

Mason, A.T., and Stephenson, G., 2015. American constitutional law: introductory essays and selected cases. Routledge.

Wiener, J.B., and Rogers, M.D., 2012. Comparing precaution in the United States and Europe. Journal of risk research, 5(4), pp.317-349.

McCrudden, C., 2013. Common Law of Human Rights?: Transnational Judicial Conversations on Constitutional Rights. Oxford journal of legal studies, 20(4), pp.499-532.

Contracts

Contracts

Merchant ships goods similar but not exactly what was ordered does the consumer have to accept the order

In the case above it depends whether the shipped goods comply with the perfect tender or nonconforming goods as stipulated in the UCC that harmonize sales law as the well commercial transaction. Under perfect tender, it does not give full rights to the buyer. Therefore the customer can accept all, reject all, or accept some goods that are conforming and reject the remaining goods within a reasonable time upon delivery. Before accepting or rejecting the customer must give a notification to the seller. It is the prerogative of the customer to state the reasons when declining for any reason later cannot be used in a court case (The United States, 2013). Besides that, the contract cannot be breached entirely if the seller delivered non-conforming goods though it is illegal before the date of performance has reached.

On the other side, these goods can fall under non-conforming when the note of accommodation accompanies them. Hence the tender is taken as a counteroffer, and its acceptance implies that a new contract has been entered into and it is binding to the buyer at the previous contract price. For the case the buyer rejects the goods, the buyer has the right to sell the said goods at private or public auction then the amount is credited by the buyer to get his money back (The United States, 2013).

 Difference between a void contract and voidable contract

A voidable contract refers to a contract that a party gets the rights to enforce the contact while a void contract is not enforceable. Whenever the agreement between the parties in a contract is compromised, the contract is voidable at the choice of the party who is aggrieved whereas when it is impossible to execute the contract, it becomes voidable. In a situation, the contract is void none of the parties can seek for any damage in case of non-performance of the contact. However, the party aggrieved in the voidable case has the right to claim damages as a result of the loss. The voidable contract remains valid apart from when any side revokes it within the stipulated period. Conversely, a void contract is valid at the time of inception but later becomes invalid (The United States, 2013).

References

The United States, (2013). United States code: Containing the general and permanent laws of the United States, in force on January 14, 1983. Washington: U.S. G.P.O.

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