Actus Reus Notes Essay Example for Free

Actus Reus Notes Essay Gives a connection between the underlying demonstration of the D and the denied outcome that has happened. It shapes some portion of the AR: It isn't sufficient that the disallowed results has happened, it must be brought about by the D. * Established by a two-phase test: 1. Authentic causation: Only premise, set up a prelimartary association among act and results D’s act must be a sine qua non of the denied consequence(consequences would not have happened without the D’s activity) ’But for’ the D’s activity, the outcomes would not have happened Case: White : D needed to execute her mom with a toxic substance drink however the mother kick the bucket before the toxic substance drink produced results. LP: The D’s mother would have kicked the bucket at any rate however for D’s activity, therefore he isn't the verifiable reason for death, yet he is accused of endeavored murder. 2. Lawful causation: Chooses the reprehensible a. Case: Pagett To stay away from capture, D utilized his better half as a shield and solidified at equipped police. The police terminated back and slaughtered the young lady. LP: D’s act need not to be the sole reason for death gave it is a reason that has ‘contributed essentially to the result’ as he gets under way the chain of occasions that prompted demise and it was predictable that the police would fire back. D is the most accountable Intervening Act: Something that happens after the D’s demonstration that breaks the chain of causation and assuages the D’s obligation regarding the restricted outcomes. Conditions will possibly break the chain of causation on the off chance that they are: an) A staggering reason for death b) An unforeseeable event Case that BREAK the chain: Jordan: D cut the person in question and his injury was recuperated when V showed up to the medical clinic yet he kicked the bucket following an unfavorably susceptible response to the medications given by the emergency clinic. LP: D not obligated as the first twisted was mended and the treatment was ‘PALPABLY WRONG’ (Obvious) to break the chain of causation. Case that DOESN’T BREAK the chain: Cheshire: D shot the casualty in the leg and stomach, where when in emergency clinic V experienced respiratory intricacies and kick the bucket after an activity that the medical clinic played out a poor standard of care and neglected to perceive his injuries. LP: The requirement for activity spilled out of the D’s unique act accordingly he stayed at risk, the treatment must be ‘PALPABLY WRONG’ (self-evident) to break the chain of causation. Mediating Act falls into 3 classes: 1. Demonstrations of the Victim 2. Demonstrations of Third Parties 3. Normally Occurring occasions 1. Demonstrations of the Victim Roberts: D meddled the V’s garments in the vehicle, making the V hop from the moving vehicle and brought about genuine wounds from the fall. LP: It was predictable that the casualty would have endeavored to get away and could be harmed in doing as such. Chain of causation might be broken if the V’s activity is extraordinary and unforeseeable. *Only EXTREME ACTS would break it? Consider Thin-Skull rule: *Thin-Skull Rule: EXCEPTION to the standard that D is just at risk to the predictable outcomes of his activities D is obligated for the full degree of V’s wounds regardless of whether, because of some pre-exisitng condition, the V endures more prominent damage because of the D’s activity than the ‘ordinary’ V would endure. Cases: Blaue D cut the V and punctured her lung, however V denied a blood transfusion as it was in opposition to her religion, bringing about death. LP: D indicted for murder as it was held that the standard was not constrained to states of being nevertheless incorporated an individual’s mental make-up and convictions. 2. Demonstration of Third Parties Consider: 1. Importance of their commitment 2. Activity is predictable? 3. Normally happening occasions * Omissions: Liability just important if there is no punishable positive act. Resolution: An obligation of act just forced by rule in a restricted range Contract: Case: Pittwood D contracted to screen the intersection entryways so nobody is hurt by the train. He neglected to close the entryways and V was slaughtered by the train. LP: An individual under agreement will be subject for the hurtful outcomes of his inability to play out his legally binding commitment. This obligation reaches out to those sensibly influenced by exclusion, not simply the other party to the agreement. Exceptional relationship Case: Gibbins and Procotor First D(Father) neglected to give food to his youngster who was famished to death. His risk depended on his exclusion to satisfy the obligation set up by the exceptional relationship of father/youngster. (The case proceeded:) Voluntary presumption of care Second D(Partner of the dad): at risk not founded on the idea of relationship but since she had recently taken care of the youngster yet had stopped to do as such. * A Person can't push off the clock to act that the deliberate suspicion of care forces. Hazardous circumstance Case: Miller D nodded off while smoking a cigarette. It triggers the tangle ablaze, yet when the D woke up he didn't do anything to spare the fire yet move to another spot to rest. The House was harmed accordingly. D contended that his mens rea was not created at the time the actua reas of the occasion, dropping the cigarette, happened. LP: D has made a risky circumstance which he at that point has the obligation to spare the fire. * MR emerges and corresponds with proceeding with AR. He was obligated.

The Importance of Oil And Gas Law As A Distinct Subject

Question: Depict the lawful part of oil and gas industry? Answer: Presentation There various kinds of enactment are appropriate in the business of oil and gas. The universal business discretion is assuming a huge job in the gas and oil industry. Then again, the gas and oil industry incorporates numerous dangerous, perplexing and costly tasks which exist for an extensive stretch. So as to connect with different gatherings in these tasks, exceptional agreements have an individual task to carry out in the gas and oil industry. The multifaceted nature of the tasks makes numerous kinds of debates in the administration of the gas and oil industry. Then again, there are different sorts of debates recognized in the gas and oil industry, for example, claims identifying with amount and nature of merchandise, master assurance, guarantees over power, gear related cases, protection issue, and universal marine. The majority of the gatherings of oil and gas industry incline toward the concurred debate goals (ADR) process instead of lead it to national courts. Additionally, th e global discretion incorporates a few stages, for example, the economy, simple implementation, nonpartisanship, and quickness. Thus, it is progressively desirable over suit. Furthermore, discretion is viewed as secret, reasonable and non-antagonistic for gatherings and they make a goals of their questions (Born, 2009). Effect of considerable standards of global law on oil and gas industry With the assistance of understanding of the gatherings, the lawful structure and rules of important law to the components of global oil and gas industrys questions. As indicated by the Art.28 (1) of the intervention demonstration, the questions in understanding including rules of law by the occasions as fitting to the components of the debates (Case Law, 2015). The assignment of law or any legitimate framework ought to be either closed or communicated by the gatherings in oil and gas industry. The down to earth rules of worldwide standard are successful to express the issue of oil and gas industry. The assurance of global law is significant so as to use the considerable guidelines in the questions of gas and oil industry. With the assistance of progression recourses, the law ought to be led, and the national law will apply includes the entirety of the principles of that law. Aside from that, the gatherings of the oil and gas industry can choose or turn into the judges, and they will choose to apply the non-national, intercontinental and worldwide down to earth rules or the standard estimation of global law of oil and gas industry (Zedalis, 2012). All previously mentioned reference are significant for relevant considerable standards of the global law. It is extremely critical to tell that the Russian gatherings infrequently utilize the picked pertinent law rather than the legitimate framework. Then again, the legal advisors for the oil and gas industry are assuming a critical job in this area. The majority of the legal counselors prescribe against the references to the arrangements of considerable principles of the worldwide law. Aside from that, the general principals of universal law are for the most part led by the authorities and judges to stay away from the troubles of interior questions of the oil and gas industry (Oshionebo, 2007). Based on general principals of law, the gatherings of oil and gas industry lead towards the development of a framework and they are searching for the de-nationalize appropriate law. The universal law is appropriate on account of agreement similarity; what's more, the principals of law ought not be utilized when the gatherings are explicitly concurred about the recognizable proof of questions. Besides, that sort of understanding can't be forestalled to apply, and it was demonstrated by the specific honors of arbitral. The impediment of internationalization could be found in the open request of the gathering states court or the fundamental standards; the outside choice would be perceived and upheld by either legal or arbitral so as to determine the debates in the gas and oil industry (Karataeva, 2014). The key principals of agreement development in worldwide business exchanges in the oil and gas part So as to concentrate on the cross-outskirt offer of merchandise, the lawful parts of global business exchanges are assuming a huge job. The agreements for the global offer of products was presented in 1988, and the United Nations Convention assessed it with 73 nations had affirmed it. Moreover, the development of the agreements for the worldwide arrangement of assets and a far reaching legitimate code of global law were overseen through the foundation of the conversation(Galante, 2013). What's more, the legitimate commitment of purchaser and vender additionally settled with the assistance of that discussion. Also, the principals of global business exchange decide the penetrate of agreement and other agreement related perspectives. Then again, a milestone is introduced by the agreements for the universal offer of merchandise in the methodology of worldwide combination of law. Nonetheless, it is unsurprising that over 75% of every single global deal exchanges are conceivably constraine d by the understandings for the worldwide closeouts of properties. Aside from that, the most noteworthy arrangements of rules are considered by the UNIDROIT principals on the global business contracts. What's more, the gatherings of the oil and gas industry who follow the universal agreement can decide to manage their understanding. Both the agreements for the universal offer of products (CISG) and UNIDROIT contract principals have their individual task to carry out in the worldwide business exchange and global exchange. A specific accentuation is related to the worldwide law and mediation practice. (Best of the oil gas law colloquium, 2013) Discussing the key worldwide law principals and patterns, both impact the lawful parts of oil and gas industry. As per the principals of worldwide law, the agreement incorporates some viable factors, for example, licenses, grants, approval and brief grants which are required by rules and guideline of the gas and oil industry. The permit is significant so as to slant merchandise. The permit mirrors the endorsement of government alongside consent. The permit ought to be safeguarded cautiously (Palazzo Almada and Parente, 2013). Then again, the licenses are assuming a noteworthy job in the oil and gas industry. As indicated by the material law, the license is required to maintain the business easily with no legitimate issues. In this way, the global business exchanges and key universal law principals impact the guidelines and guideline of the oil and gas division. Global law and natural effect of the oil investigation and abuse Because of the oil investigation, the earth is a lot of dirtied and harmed. As indicated by the worldwide law, the oil and gas industry puts additional consideration on the oil investigation. The risky poisonous corrosive is delivered by the oil investigation, and it is blended in the close by water. The physical harm happened for the two creatures and human because of the poisonous corrosive. The water is being contaminated which utilized in the cropland. So as to continue the yields are required for the human. Because of the impact of harmful corrosive, the yields convey different sorts of ailment, for example, hepatitis A, looseness of the bowels, lead harming, polyomavirus disease, etc(Best of the oil gas law colloquium, 2013). Then again, the compound segments in the fluid natural wastages make a natural blend which dirtied the water of lakes and stream. The water of the stream is utilized as the savoring water numerous regions. With respect to investigation and penetrating the recourses of that drinking water is being dirtied. Thus, the human is influenced, and they experience the ill effects of various diseases(Smith, 2013). Aside from that, the oil investigation drives the dirt contamination moreover. Many oil organizations drill the downpour woods so as to expand their business and increment the earth contamination. Because of the water contamination angles are kicking the bucket, and numerous individuals need to confront budgetary issues which manage it. The deforestation is one of the critical reasons for the earth pollution(Makuch and Pereira, 2012). A wide scope of woodland had been cut off by the oil organizations to extend their business. Then again, the wood is utilized for the streets, fuel, de velopment, and furniture. Also, the impact of oil contamination on the human culture is extremely huge issue. So as to control the ecological contamination, the World Health Organization and universal law actualize some compelling guidelines and guideline. As indicated by the pertinent law, the oil organizations needs to clean all underground passages, loads and depletes to natural wastages evacuation. The laborers should give more consideration to the earth issues. They should work all the more earnestly and put wastages at appropriate places and take assurance from those infective natural wastages so as to keep up their state of being. In this way, the oil investigation and abuse impact the natural contamination yet the global law forestalls the contamination through different ways(Makuch and Pereira, 2012). The significance of oil and gas law as a particular subject The gas and oil law ought to be presented in various sorts of business college, colleges and graduate schools. The understudies ought to know about the significance of oil and gas law. Numerous sorts of research demonstrated that the law is a noteworthy subject which builds the human information about the standards and regulation(Kubasek and Silverman, 2008). Aside from that, the understudies should know the oil and gas industry since it is identified with the earth and their own lives. We as a whole knew the effect of oil and gas investigation, creation and appropriation on nature. We ought to ensure our condition with the assistance of oil and gas law. On the off chance that understudies know about the oil and gas law, at that point they can forestall the contamination by implemen

Screening for Borderline Personality Disorder

Screening for Borderline Personality Disorder BPD Diagnosis Print Screening for Borderline Personality Disorder By Kristalyn Salters-Pedneault, PhD Kristalyn Salters-Pedneault, PhD, is a clinical psychologist and associate professor of psychology at Eastern Connecticut State University. Learn about our editorial policy Kristalyn Salters-Pedneault, PhD Medically reviewed by Medically reviewed by Steven Gans, MD on August 05, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on February 13, 2020 Hero Images / Getty Images More in BPD Diagnosis Treatment Living With BPD Related Conditions There are no specific tests that can diagnose borderline personality disorder  (BPD); however, mental health professionals often use screening instruments to help them identify a particular diagnosis. Here are several common types of screening tools that may be used to diagnose BPD.   The McLean Screening Instrument The McLean Screening Instrument for Borderline Personality Disorder (MSI-BPD) is a commonly used 10-item measure to screen for  BPD.  This measure was developed as a very brief paper-and-pencil test to detect possible BPD in people who are seeking treatment or who have a history of treatment. The MSI-BPD was developed by Dr. Mary Zanarini and her colleagues at McLean Hospital.?? The test consists of 10 items that are based on the Diagnostic and Statistical Manual of Mental Disorders diagnostic criteria for borderline personality disorder. The first eight items of the MSI-BPD represent the first eight DSM-IV/5  diagnostic criteria for BPD, while the last two items assess the final DSM-IV/5 criterion, i.e., the paranoia/dissociation criterion. Scoring of the MSI-BPD Each item is rated as a 1 if it is present and a 0 if it is absent, and items are totaled for possible scores ranging from 0 to 10. A score of 7 has been determined to be a good diagnostic cut-off, meaning that a score of 7 or higher indicates that you are likely to meet criteria for borderline personality disorder. Uses for the MSI-BPD The MSI-BPD is a useful tool for detecting individuals who may have borderline personality features. Preliminary research suggests it may be helpful in detecting BPD in the general population,?? but more studies in community samples are needed. It has shown to be very effective in detecting possible BPD in people who are seeking treatment or who have a history of treatment for mental health problems. Psychometric Properties of the MSI-BPD The MSI-BPD has demonstrated good psychometric properties. It has adequate internal consistency and good test and retest reliability. It has also demonstrated good sensitivity and specificity for detecting borderline personality disorder when a score of 7 is used as a diagnostic cut-off. Structured Clinical Interview for DSM-5 Personality Disorders (SCID-5-PD) This official clinical interview of the American Psychiatric Association (APA) is an update of the Structured Clinical Interview for DSM-IV Axis II Personality Disorders (SCID-II)  but is very similar.?? Your mental health professional may use this screening tool to help find your diagnosis by asking you questions directly related to the criteria for BPD that are listed in the DSM-5. This screening instrument also has an optional self-reporting questionnaire with 108 questions that you, the patient, can answer, but not all clinicians who choose the SCID-5-PD will use this.   Personality Diagnostic Questionnaire, 4th Edition (PDQ-4) This screening test consists of 99 true or false questions that can help screen for different personality disorders, including borderline personality disorder.?? Zanarini Rating Scale for Borderline Personality Disorder (ZAN-BPD) This tool, also developed by Dr. Mary Zanarini, is used for patients who have already been diagnosed with BPD to see if there have been any changes over time.?? Which Tool Is Best? A recent study using the first three of these screening methods with adolescents and young adults showed that the screening instrument were all equally effective in predicting a diagnosis of BPD.??

Martin Luther King Memorial in Yerba Buena Gardens

Chelsea Shuto HIST125 Professor Harrison 28 Nov. 2012 Final Essay Situated on the corner of 4th St. and Mission St., in downtown San Francisco is Yerba Buena Gardens. Sounds from the hustle and bustle of cars driving and people walking permeate Yerba Buena Gardens, except in one particular location. In one corner of the gardens stands a Martin Luther King Jr. memorial. The memorial is breathtakingly beautiful with a fifty foot high and twenty foot wide waterfall that falls over Sierra granite. In the Memorial’s hallway, visitors read quotes from Dr. King himself that are engraved on glass panels and set in granite. The physical beauty of the memorial is undeniable, however many people†¦show more content†¦People living in today’s society are usually ignorant to this unfamiliar, almost claustrophobic feeling of screaming at the top of your lungs without a single person acknowledging your frustrations. During our nation’s history, however, nearly all African Americans struggled with this same frustratio n. Helpless against the white minority, blacks throughout history struggled to get their concerns addressed and their votes counted. The visitor’s inability to communicate vocally is short-lived and fortunately, only lasts as long as it takes for the person to walk through the memorial. African Americans, however, were plagued with powerlessness for hundreds of years. Martin Luther King Jr. felt obliged to provide a voice for all African Americans stripped of the right to do so on their own. Due to the hard work of Martin Luther King, civil rights leaders and activists, and President Johnson, on August 6, 1965 the Voting Rights Act was signed into law, which banned the use of literacy tests and also required stricter monitoring of the use of poll taxes in state and local elections† 3. Finally, the time had come when African Americans could voice their opinions and have them be heard, and vote for the political constituent whom carried similar beliefs and morals. The development of the Yerba Buena Gardens, as part of the â€Å"Urban Renewal Project† was not always considered to be

Throughout My Lesson, I Tried To Use Math Vocabulary That

Throughout my lesson, I tried to use math vocabulary that would expand the students understanding. The use of math vocabulary can be defined as academic content language because it advancing the students understanding. In part 1 of my lesson at 3:08 into the video, I ask the students â€Å"does anyone have a strategy that could help us or that they want to see?†. This allows for me to the use the word strategy which is an example of academic content language. A second example of academic content language would be at around the same time, a student answers with the response of â€Å"6†. I say â€Å"that’s the answer, but what did you do to find your answer, and what are the coins worth†. Using the word â€Å"worth† allows for student so develop that math†¦show more content†¦Then I ask the students at 12:07 â€Å"do I have to draw a symbol in front of that 1?† Madison responses by saying â€Å"a period?† I say â€Å"a period g oes after the one and is followed by what? And the class replies â€Å"two zeros† Then I asked â€Å"yes but what comes before the 1?† Kaedon replies â€Å"an S with a cross sign† and then comes up and draws the $ symbol. I used these questions to teach my students a new concept instead of just giving them the answers. Students go to learn from their peers. In order to support literacy in my lesson, I had the students read the dollars to make sure they were using the correct dollar bills. I was teaching them that reading allows for use to not get confused or mixed up by the five dollar bills with the one dollar bill. In my part 2 video of my lesson around 10:21, the students are trying to get to $20.89. The group up front attempts by using ones which confuses them. I say â€Å"that’s two dollars† and one of the student response by saying â€Å"five dollar† because they have just read that off the five dollar bill. This allowed for them to de velop that literacy connection so that can use reading skills when they are confused. Response Required: Interacting with the Students Throughout my lesson, the students will asked to gather the correct amount of coins to get the correct amount of money. If their group can accomplish their goal, then they will receive a point. In order to monitor student learningShow MoreRelatedThe On Video Clip ( S )2073 Words   |  9 Pagesstated in the lesson plan(s), what occurred immediately prior to and after the video clip(s) that is important to know in order to understand and interpret the interactions between and among you and your students? Please provide any other information needed to interpret the events and interactions in the video clip(s). Prior to the start of my video segment, my students had just come back from P.E class. Most of them were tired and sweaty and were having a hard time focusing. I allowed studentsRead MoreWhy Should We Learn A New Language?1359 Words   |  6 Pagespleasure of it, happens to be two other respected arguments. Many programs are offered to those who want to learn a new language, including the experience of being immersed for a certain period of time, where the language is spoken. In the schools throughout Quebec, students have the possibility to learn English in a core or in an enriched program. In English classes, teachers should put an emphasis on the second language as much as possible since it is a foreign language here in our province. FurthermoreRead MoreMy Reflection On My Parents Instilled1378 Words   |  6 Pages My parents instilled in me the importance of reading since a very early age. We formed a nightly routine of reading every night before bed as soon as I started lea rning the basics of reading. I enjoyed every moment of this; it was my favorite part of the day. The first book I was able to read on my own was â€Å"One Fish Two Fish Red Fish Blue Fish† by Dr. Seuss. The feeling of success I had after this accomplishment is as clear as day and I can still see myself as a five-year-old beaming with joyRead MoreMy Experience As A Teacher1813 Words   |  8 PagesMy field experience started in a third grade classroom at Gocio elementary school. I went to the classroom four times throughout the semester, and I plan to go back even after. By going to the school both for a full day and for only few hours of a day, I was able to get a picture of the everyday school life of these 3rd graders. Throughout my observation and assistance to the teacher I have not only grown in my philosophy of education, but have put reasons and experience behind my philosophy as wellRead MoreHow Student Engagement And Comprehension Throughout This Entire Unit1881 Words   |  8 PagesThis unit plan will implement a variety of methods to assess student engagement and comprehension throughout this entire unit. Begin the unit by gauging to see what students already know about the 1920s by having students complete a Pre-Assessment. Many students are already familiar with some of the themes and content connected with the 1920s and teacher can use pre-assessment to figure out what students are already familiar with. First brainstorm with the students to see what they already knowRead MoreGraduation Speech : Teacher And Teacher2327 Words   |  10 Pagesthinking class I was really excited at the possibilities I could learn as an educator to share with my students. Every day in my math class I am trying to show students how I approach different math problems. I go step by step explaining my logic behind every move I make and emphasize why I am making these very specific moves throughout the problem. To me, I feel what I am doing is very cut and dry but somehow there are students who get lost along the way. Maybe it is the way I present the materialRead MoreDiagnostic Assessment : An Essential Tool For Teachers2464 Words   |  10 Pageshowever, through carrying out observations I noticed the children showed poor engagement levels in his literacy lessons. The focus area was to read a chosen text and later answer questions about the text read. There are areas of this particular task that require some ethical considerations, which we considered when both designing and carrying out the literacy and numeracy assessments. Such ethical considerations included gaining consent from the children chosen. I ensured that both children were madeRead MoreThe Curriculum Project : An Amazing Experience1918 Words   |  8 Pageseducation to teacher, but to also reinforce my presumptive notions of my teaching abilities and help me work on the issues that I have with teaching as well. My overall goal of the class for the students was to teach them art lingo and simple ceramic techniques so they can gain a new skill and properly talk about it. My goal for myself was to practice teaching with how I explain things and give examples instead of directly showing without explaining. I did complete my goal for the most part, but this projectRead MoreThe Benefits and Challenges of Tesol Methodology7883 Words   |  32 Pagesmethodology? â€Å"Thi s is because the English language teaching tradition has been subjected to a tremendous change, especially throughout the twentieth century. Perhaps more than any other discipline, this tradition has been practised, in various adaptations, in language classrooms all around the world for centuries. While the teaching of Maths or Physics, that is, the methodology of teaching Maths or Physics, has, to a greater or lesser extent, remained the same, this is hardly the case with English or languageRead MoreEarly Years Education10897 Words   |  44 Pagesdifferent educations categories, birth to three, the foundation stage and the national curriculum stage. Children will follow the specifications and requirements set but he government in these three sectors, which will encourage the development throughout their early years A Childs development is influenced by a number of factors and processes, which have to be taken into account when designing a curriculum for young children. These include genetics and maturation, learning and child rearing.

Stress and Negativity in Our Human Minds Free Essays

SPC Mattadeen, Judy Corine Ms. Alexa Fernandez Effective Essay Writing January 26, 2010 STRESS AND NEGATIVITY IN OUR HUMAN MINDS Introduction Eliminating stress and negativity is the most important factor in our human minds. In general it is so powerful we almost feel like we can’t cope with it. We will write a custom essay sample on Stress and Negativity in Our Human Minds or any similar topic only for you Order Now Finding ways to fight stress and negativity is crucial to not only handle the ways of life but to really live a happier and more meaningful life. Stress and negativity is not a new agenda or a phenomenon. It has been a huge experience in mankind throughout history. These feelings accumulate in our lives and in our soul over time. Although sometimes these experiences are unavoidable. There are ways that can be done to help go through the process of eliminating stress and negativity and feeding our human minds with a good and positive outlook in life. Having a positive mentality and eliminating the negativity of stress in ourselves is not going to just fall upon us. It’s really a choice we have to make. Being positive doesn’t necessarily come naturally. It’s our decision that we have to make daily. Is stress an enemy to us human beings? Of course it is because you deal with so much negative energy. That alone merges to different type of problems that we encounter in our daily lifestyle. Be at work or at home, thus this type of emotions is everywhere. Now it is up to us on how we handle the situation that can either make us or one way to break us. We make the choice. (Melinda Smith, M. A. , Ellen Jaffe-Gill, M. A, Robert Segal M. A. 2008) (http://helpguide. org/mental/stress_management_relief_coping. htm) Stress and negative feelings The stress of always feeling bad can lead to deep depression and medical disorder. Our body and our mind are a continuum. In other words focusing too much on being angry, fear or having fear of failure is one of the contributing factor of self destruction and having such failure in achieving such goals that we human want in life. We can control all the stress and negativity we encounter by means of responding to new challenges by telling ourselves that we are capable of facing our fears and doing what is right. All this is a way of eliminating such negative thoughts and a turnaround of a positive spin. That is a good start of leading a better life. Visualization, this technique can be achieved by means of installing positive expectations and believe that we can do it. Therefore if we literally eliminate the old feelings and shadow it with the new and positive ways. We can achieve a good and healthy mind and soul. We are not meant to live a miserable and unfulfilled life. When we discover the path of visualizing what we really want to achieve in life. Then we can discover and start working in some realm associated with a positive attitude not negative and we all will thrive to the fullest of success. Critical thinking Whenever we tend to catch ourselves being critical or even having a negative thought in mind is very stressful. Thinking negative of another person, circumstances or anything that can lead a negative reaction is a challenge. Make it a priority also to keep your well pure. If somehow in some points you’re being or if somebody is being critical of you or trying to lead you in a bad light. Recognize that there is a stone coming your way. We don’t need to dwell on it, or get upset and vengeful. When these stages occur the best thing to do is pull ourselves back and have this inner question â€Å"Can I take up such challenge to control myself†? One way to look at our level in coping with these feelings is our human emotions. Our body alone is like a bucket of energy where we store pure energy alone. May it be negative or positive. We might want to declutter our world by human cleanse also. By means of letting your choice reflect your taste. Whether you let the stress and negative thoughts handle your life or fight the biggest fight. Motivation is one of the best key in life. Surrounding ourselves with positive individuals will help us move on to the right track. Keep pressing forward. The key to rising higher is to keep looking to where you want to go. Keep a positive vision and see yourself accomplishing your goals and fulfilling your destiny. Meditation Relax and take a deep breath. Always let in a positive spirit to avoid negative thoughts. Personal power, acceptance, and inner love will help restore our boundaries to normal settings. Maintaining all these positive factors are guides us in removing old baggage and replacing it with the good ones. Let in a higher power. The answer to this is simply having God in our hearts. Let our choice reflect our taste and by then when we have that higher power restored in our souls. We are on the right track. We all need to get in peace of who we really are. Dwell only on the positive, empowering thoughts towards ourselves. That’s when we realize that our faith is energized. Prayers are the best medicine in our everyday routine in life. Health and well being Maintaining a good and healthy balance mind and body will lead us to fight all the stress and unwanted negative that surrounds us in our daily lives. Exercise is also the best key. It releases such tension in due time and provides us with energy to handle anything that may come our way. One way also to eliminate stress and negativity is managing our time wisely. We must always find a way to have our own me time. Have a habit of writing everything down on paper on what to do, where to go, what else needs to be done or etc. is a good way of managing your time wisely. Handle important task first and eliminate unessential task. Exercise and eating right is also a good factor in eliminating stress and the entire negative that surrounds us. If we are fit, and nothing else is really seriously wrong in our lives, than we can probably manage a fair amount of frustration, delay, unfairness, misfortune in whatever form. Surrender and let in Instead of fighting and feeling negative about your thoughts that can lead to stress. Surrender to them and you will see that the negative feelings will quickly eliminate and lose its power over our human minds. When we are in a world of so much stress fight it by accepting it and try not to think too deep into it. Cause in some points there are stressors that are really not even meant to be paid attention too at all. We should always observe the feeling in our mind and body without labeling or either judging it by all means. Self confidence is also one of the best tools for us to use to reach our goals and be happy in life. There is always room for improvement with our inner feelings to avoid accumulating stress by means of having faith in everything we do and encounter. Be realistic about life alone. Set realistic goals. Ask yourself questions before we even execute. Think positive thoughts. Know what you want and do what is right. Nobody can hold you down if you believe. For God alone does not focus on what’s wrong with us. He’s not looking at all our faults and weaknesses. He’s looking at how far we’ve come along and how much we’re growing as a person. So we all need to focus on what’s right for us. (Henrik Edberg 2006-2010) Final thoughts Life alone is a major challenge. Everywhere we go we may encounter the good and the bad. Whether you may take the chance of absorbing the negative and deal with it or fight the toughest fight in dealing with stress alone. We all make those choices. Eliminating stress and negativity can be achieved by thinking positive. It’s time to unburden ourselves by receiving progress, initiative, inner peace, love, setting goal, prayers, and motivation. My personal experience in life alone dealing with stress and so much negative alone is challenging. There are times where in I just can’t handle the situation that I’m in yet I pushed myself for the better by pressing forward, surrounding myself with positive people, and learn how to deal with stress by means of how to handle my emotions. This is one of the most significant aspects in coping. Overall by reading every word in this essay is a step in what are the ways in dealing with everyday stress and negativity in general. It is also a guide in improving our everyday life. We can make the most of any experience or challenges that we go through by committing ourselves in change and grow. Expressing ourselves freely, fully and honestly is not going to lessen us the benefits of creating a positive meaning in life. Remember when our life or your life is full of rocks; don’t forget to throw bread back in return. Reference: How to reduce, prevent, and cope with stress (Melinda Smith, M. A. , Ellen Jaffe-Gill, M. A, Robert Segal, M. A. 2008) http://helpguide. org/mental/stress_management_relief_coping. htm How to cite Stress and Negativity in Our Human Minds, Papers

MarketingA Case Study On Qantas Airline

Questions: 1. Consider the basic tools for conducting a marketing audit, like the SWOT and the PEST. How might Qantas use specific business tools to assist it to undertake formal marketing auditing and planning? Provide four examples. Note: do not describe the business tools at length, rather explain how they might be used?2. Thinking specifically of the airline market, what are the most important factors in Qantas macro-environment? Briefly describe them and explain the reasons for their importance. Note: there is not a right or wrong answer explain the reasons for choosing these as the most important factors?3. Thinking specifically of the airline market, what are the most important factors in Qantas microenvironment? Briefly describe them and explain the reasons for their importance. Note: there is not a right or wrong answer explain the reasons for choosing these as the most important factors?4. How would Qantas position itself differently for its consumer and business markets? How could Qantas use marketing research and marketing intelligence to assist it to undertake marketing planning and implement marketing strategy for each of these two markets?.5. How could Qantas use segmentation and specific segmentation variables like demographics, psychographics, buyer-graphics and geographics? Provide a specific example?6. How could an understanding of market positioning be of assistance to Qantas for targeting its target segments?7. How could an understanding of buyer behaviour be of assistance to Qantas? Provide a specific example of how Qantas could tailor its promotions based on buyer behaviour?8. Why would Qantas undertake formal marketing auditing and marketing planning? What is the link between auditing, planning and corporate strategy? Note - do not simply discuss these broadlyapply the concepts directly to the Qantas case? Are You Daunted by the Thought of due Case Study? Avail Our Services and Receive Case Study Help from experts. Answers: Introduction Qantas is one of the largest airlines company founded in 1920, Australia. Qantas is known for the standard air fares and isknown for its domestics and international airlines. Company is been revenue of more than 15.9 billion as per the 2013 report (Aaker, 2010). Company has able to earn the net income worth of the 6 million. Recently company is been facing tough to survive in the businessbecause of the huge competition among the rival firms. The study will focus on the Qantas marketing strategies in recent years. Apart from that, study will also cover various marketing tools in order to assess the company major loopholes and the opportunities areas. The study will also focuses on the USP of the Qantas in compare to its competitors (Qantas.com.au, 2015). Vision of the Qantas is long term whichis to operate the worlds best premium airlines. Mission of Qantas is to cater best low fare carrier in a global platform. Consistent customer service with excellence is another major mission of t he company. Lastlycompany is alsofocusing on the safety which is their major priority and wanted to world achieve the best safety practices and reporting. 1. Marketing Audit tools Qantas is going through very tough phase as the company is very much facing harder to survive in the current competitive scenario. Some of the major marketings tools such as PESTLE and SWOT are very much helpful analysing the loopholesareas and the opportunitiesareas which has been lacking the international business of Qantas (Adair, 2011). Company has not been able to garner the large customer base in Asiapacific and Middle East nations because of pricing issues. SWOT Figure 1: SWOT analysis of Qantas international (Source: Adcock, 2010, pp-129) Benefit of using SWOT Some of the major benefits of the SWOT analysis are that it is less costly in compare to other tools. It is micro analysis and is generally known for internal analysis. SWOT analysis is very much helpful in addressing the complex situations (Boone and Kurtz, 2012). This would be helpful for the company byimproving the business without expense of an external consultant. It help in the understanding the businessbetter address the internal weakness which is high attrition attritions rates and is very much focus on the Australia. On the other hand, capitalizing the opportunities which show that, company has international presence and has high brand value in term of value propositions (Bose, 2010). The SWOT analysis develops business goals and strategies for achieving them for the companies. However, it does not give enough scope for the complex issues and does not provide solutions. PEST Analysis Figure 2: PEST analysis on Qantas Airlines (Source: Handlechner, 2008, pp-225) Benefit of using PEST From the above, it has been found that, PESTanalysis is very much helpful in gaining the external influences which affecting the company. Political scenario of the Australia is very much stable and helpful increasing the high brand value of the company (Harrell, 2008). Apart from that, PEST analysis will giveenough scope to measure the market growth andposition of the external factors which affecting theQantas. It is very much simple and is useful tool to analyse the external factors which are influencing the Qantas decision makings (Agrawal and Lal, 2007). PEST is verymuch useful and relevant for the larger and more complex organisations rather than small or medium sizeorganisations. PEST analysis is currently modified into PESTLE. 2. Macro Environment factors for Qantas Competitions factors Porters five forces model is very much suitable for the larger organization and has globalisedbusiness whichwould helpful to analysis current competitors and the existing competitors along with chances of entering into the airline market of Australia (Aksoy et al. 2008). Porters five forces model gives the power of supplier, power of buyers and threats of substitutions along threat of new entry. The porters five forces mode shows the competitivepositioning of nations. This theory is given by the Michaelporters in 1985 and was alsoappointed offer the presidents Ronald Reagan commissions on industrial competitiveness (Becker et al. 2009). However, there are some of the major drawbacks it is only used in the large organization and does not focus on the other than competitors factors. Apart from that, the model does not consider non market forces and is only applicable insimplemarketstructures (Qantas.com.au, 2015). Five forces model Analysis Ratings Barging power of suppliers In airline industry, the supplier like Boeing and Airbus are only few suppliers who are being supplying manufacturing the aircraft. Apart from that there is cartel form in fuel of airlines by Middle east nations which creating problem for the company (Bendapudi and Leone, 2008). Medium Bargaining power of buyers Buyers have now more options because of the rise in competition in airlines company (Bhattacharya and Korschun, 2008).As per their affordability and luxury customers can choose their preference of airlines. High Threat of new entrants With rise in new airlines like Ryan airline Jet airways and Spice jet are taking high market share because of the low pricings strategies which is one of the major threats for the Qantas. Low Threat of substitutes With the presence of lots of international airlines like Etihad Airways and KLM, Lufthansa and British airways (Carpenter and Fairhurst, 2009), the competition in the international market is higher. High Pricingfactors Figure 3: Pricing strategiesof Qantas airlines (Source:Connell, 2008, pp-98) Another major factor is pricing, As the Jet star is sellingits airfare in internationalmarket cheaper and with high qualitys. Since the increases in the cheaper airlinesin Asian nations has created problem for the company (Corstjens and Lal, 2008). With the help of Pricings strategies, Qantasmacrofactors shows that company is not able to gain high market share inthe internationalmarketsbecause as the people of Asia are very much pricesensitivity. Therefore, Airline Company which ever is charging lower is option for those airlines (Darke et al. 2008). 3. Micro Environments factor for Qantas international venture Low salary: With low salaryand rise in the attrition has decreased the company goodwill in the international market (Dawarand Philip, 2008). As Jet start is known for the economy pricing flights where the salary and wages of the pilot and attendeesare very much low in compare to its competitors like indigo and others. Lack of technological advancement: Apart from the above, low technological advancement has decreased the customer base of the company (Patel, 2011). As the international customer like British airways, Etihad Airways and Emirates are some of the major companies are using ICT and mobile apps have to gain the large customer base. These two are the major factors which have been consideredbecause these two factors are helping to creates goodwill in the international market. Apart from that, lack of poor technological advancement has decrease the customer base as it provides powerful customer relationship management system (Darkeet al. 2008). 4. Qantas position for consumer marketing and business markets Consumer Marketing: ForConsumer marketing, Qantas usesvarious typesof lucrative offers and theadvertisement in order to attract the customer base. Consumer marketing strategy of Qantas in Australia has made the company to monopoly in the Australian region in 1995-2004 (Corstjens and Lal, 2008). Consumer marketing strategy of Qantas Airways Advertisement: Company spends more than $ 3.5 million in advertisement every year in order to attract the customers base. Some of the major investment made by Qantas is in the promotional activities are as given below: Promotional strategies Expenditure (%) Social media (Face book, Twitter, and YouTube) 58.01% TV 32.02% Websites 28% Newspapers 21.03% Magazines 14.11% Offers, free discounts coupons 9.07% Graph 1: Expenditure conducted in International airways (Source: Boone and Kurtz, 2012, pp-128) Brand Ambassador: Apart from the above, Qantas has signed Miranda Kerr as their domestic Brand Ambassador for their Australian branding. Apart from that, for global brand ambassador,Qantas has chosen John Travolta as their global ambassador (Becker et al. 2009). This has increase thebrand value of the Qantas as the John Travolta is popular Hollywood star across the globe (Qantas.com.au, 2015). CSR activities:Qantas has been using fuel efficient plane by using Boeingdream lines 787is very much fuel efficient which is becauseof the Aerodynamic drag which has been used in jet Star. Apart from that,it is very much associateswith theconserving the fossil fuel within the company thathelpstheorganisationsto saves the fuel which helps the organisation saving more than4.9millionofFuel per year (Bendapudi and Leone, 2008). This has decreased the sustainability issues in order to save the ecological balance. Customer todays are very much associated with company who are using the sustainable and environmental friendly services Business marketing:Qantasalso has B2B customer base. In order to do so, company uses various form of tactic to attract the bulk suppliers. Oneof the major tactics of the Qantas for the international B2B business support is the tactics the companies by using low cost pricing strategies for carriages (Carpenter and Fairhurst, 2009). Apart from that , company also has increase For international bulk customers, company uses donesellingstrategies which is are of narrowing a customersexpectations and matching them with more effectively with solution that fulfil their needs. As per the IATA data: Scores Results Market perspectives of Jet star 6 Need more attentions For postal companies and form the courier companies 8 Good Export companies 7 Ok Cheaper but fails to reach in time by IT companies 9 Very good Film exhibitor reels PR media: Company uses PR media to gain the positive response from the build supplier of carriages. PR media like Mango Australia is very much helpful to gain the large business base for the Qantas in terms of carriages. 5. Segmentations of the Qantas Segmentation bases Customers segment for Qantas international flights Geographic Region Australia, Asia, Latin America, Europe Density Domestic and international (48.8 million) Age All age category Gender Male, females, family and others Income High and Middle income groups Occupation Employees and professionals Demographic Social status Working class, middle class and higher class Family size Single, nuclear, joint family Psychographic Lifestyle Traditional and moderns Occasions Regular and other Festive seasons Behavioural Benefits Price advantages and various services under one roof like B2B business Occasions Festive season , non festive season and for the employees professional 6. Targeting the customers base Qantas international target customer in Asian region and South America regions. In order to position the brand within the customer mind, companyhas international goodwill brand ambassador John Travolta along with Miranda Kerr to create make the products more recognizable (Patel, 2011). Apart from that company has invested more in social media like Face book and the Twitter as the major needs for attracting the customers. Age group for snacks food Targeting (%) 8-18 (part of the family memebers) 10.11% 18-25 41.1% 25-40 48.1% Above 40 23.3% All 38.8% Graph 2: Target customer base of the QantasInternationalregion (Source: Patel, 2011, pp-149) Target income group for international customer base Income group per month of international customers base (Europe , UK and Asia) Market shares (%) $10,000 34.01% $10,000-$20,000 28.09% $20,000-$35000 31.03% $35000-$40,0000 19.1% $40,000-$50,000 11.08% Above 50,000 - From the above, it has been found that, major target market for the Qantas is medium level of income group rather than low level. Besides that, company is also targeting the family and professionals via using various offers and using loyalty card for lifelong for the every frequent fliers (The Australian, 2015). Qantas has high market share in the domestic airlines with 2ndpositionbut company rank 11thposition in international regions. International passenger for major airlines in higher but company is not able to compete with the existingairlines company. Airlines companies Market share% Qantas (Jet Star) 9.1% Malaysian airlines 17.2% Thai airways 8.8% Virgin Australia 8.1% Cathay pacific 7.9% Air Asia 4.6% Singapore airlines 3.8% British airways 3.4% Emirates 2.8% AirNZ 2.5% Graph 3: Market share of the Airline industry in regions (Source: Padhi and Aggarwal, 2011, pp-734) 7. Buyingbehaviour of customers Figure 4: Four types of buying behavior (Source: Dawarand Philip, 2008, pp-82) From the above, complex buyingbehaviour is where the individual spends lots of item and is very much expensive or of high cost value like buying car or house. However, Qantas lies in the variety seeking buyingbehaviour, here, consumer are firstly shop and considers various options for buying the products or services (Darke et al. 2008). Customers after searching best deals and offers seeks to purchase the only that air fare in order to achieve maximum satisfactionslevel. 8. Consumer purchasing process Figure 5: Consumer purchasing process (Source: Padhi and Aggarwal, 2011, pp-728) Problems recognition:Qantas need to assess the problems for the customers which is affordable airfare and the quality service which is reaching at destinations at right time (ertr.tamu.edu, 2015). In this area Qantasneed to use the air fare use value pricingstrategies which will help to solve the problems of the consumers. Information evaluations: At this reason company should look to adversities products in newspaper, at magazines and TV commercials. Oneof the mostparts of advertising would be Internet which is one of the much popular media (Rohlfs and Kimes, 2007). Evaluation options: By giving low cost airfare with high quality service would attract the customer to choose the Jet Air in compare to the competitors. Purchase decisions: After evaluations process, consumer will select the services, Qantasneeds to sell the service as per their promise given in advertisement. Apart from that make the easy payment options and give right kindof physical ambience (Padhi and Aggarwal, 2011). From the above, it has been found that, E-CRM in order to help the large customer base. This will also help the company to reach to the large customer with 24/7 helpline. E-CRM will help to gain the company tracking the customer behaviour and accordingly make the services more customised. This will also help to match the behaviour with various offers. 9. Marketing audit, planning and corporate strategy of Qantas airways Figure 6: Qantas marketing plan and strategy (Source: Corstjens and Lal, 2008, pp-282) Marketing audit Formal marketing audit Gives Companyto assess the actualcondition of the company performance in compare to its competitors and the external influenceswhich isneeded to be taken care (Carpenter and Fairhurst, 2009). External influence help the company play safely as per the external environment like political and economical situations changes. Formal auditing will give the Qantas enough scope to make themarketing planning byanalysing the internal and external search and weakness of the itsown. Marketing planning Apart from that, the formalmarket audit will help the company to make the marketing plan and toset marketingobjective for the company. For instance, company has spends more than 1 million in creating the innovating the advertisement in order to cater the large customer base. Marketing plan of the company comprises of various other strategies like onlinestrategy and off line strategy. Company is extensively catering online marketing planning for the European and the Australian customers (Bhattacharya and Korschun, 2008). However, in Asian region company is invested more in the TV commercials and news paper article to cater the large customer base. In the Asian region, most of the customer are been using the internet usually. Corporate strategy Lastly, marketing strategy like WOMO, and Social media are some of corporate strategy which company has made to capture the large customer base. All of these decisions are made at high level of the author for the Qantas (The Australian, 2015). Corporate strategy of marketing the products via cheap, pricing in Asian and region and price skimming in the European region are some for the major decision that is takenbut the board of directors of the company. Conclusion From the above , study it has been found that, SWOT and PEST are one of the major sources of the marketingaudit too, which gives an internal and external factor which is influencing the Qantas. Apart from that, Qantas has able to create more than 48.8 million loyal customer base in all over the world. With help of targeting and position tools, Qantas spends on the advertisement and targeting only for the middle class people rather than the lower income group for the international regions. Lastly, with the help of formal marketing audit company will be able to under at the loopholes and strengths areas. Reference list Books Aaker, D. (2010) Strategic Market Management: Global Perspectives. 6th ed. Oxford: Blackwell Publishing. Adair, J. (2011) Effective Communication: The Most Important Management Skill of All. 5th ed. London: Prentice Hall. Adcock, D. (2010) Marketing: Principles and practice.4th ed. London, Thousand Oaks CA: Sage Publication. Boone, L. E. and Kurtz, D. L. (2012) Contemporary Marketing, Page 84, 7thed. New York: Kaplan Publishing. Bose, C. (2010) Modern Marketing Principles Practice. . 5th ed. Mason: South-Western Cengage Learning. Handlechner, M. (2008) Marketing strategy .5thed.Canada: Grin Verlag. Harrell, G. (2008) Marketing: Communicating with Customers.4th ed. Germany: Grin Verlag. Journals Agrawal, D. and Lal, R. (2007) Contractual Arrangements in Franchising: An Empirical Investigation, Journal of Marketing Research 32(3): 213221. Aksoy, L. Groening, C., Keiningham, T. L. and Yaln, A. (2008) The Long-Term Stock Market Valuation of Customer Satisfaction, Journal of Marketing, 72, 105122. Becker, U.J., Greve, G. and Albers, S. (2009) The impact of technological and organizational implementation of CRM on customer acquisition, maintenance, and retention. International Journal of Research in Marketing, 26(3), 207215. Bendapudi, N. and Leone, R. P. (2008) Psychological Implications of Customer Participation in Co-Production, Journal of Marketing, 67, 1428. Bhattacharya, C. B. and Korschun, D. (2008) Stakeholder marketing: Beyond the four Ps and the customer, Journal of Public Policy Marketing, 27(1), 113116 Carpenter, J. M. and Fairhurst, A. (2009) Consumer shopping value, satisfaction and loyalty for retail apparel brands. Journal of Fashion Marketing and Management, 9 (3), 256-269. Connell, S. (2008) Travel broadens the mind The case for international research. International Journal of Market Research, 44 (1), 97106. Corstjens, M. and Lal, R. (2008) Building store loyalty through store brands. Journal of Marketing Research, 37 281-291. Darke, P. R., Ashworth, L. and Ritchie, R. J. B. (2008) Damage from corrective advertising: Causes and cures. Journal of Marketing, 72(6), 8197. Dawar, N. and Philip P. (2008) "Marketing Universals: Consumers' Use of Brand Name, Price, Physical Appearance, and Retailer Reputation as Signals of Product Quality."' Journal of Marketing, 58, 81-95. Patel, P.C. (2011) Role of manufacturing exibility in managing duality of formalization and environmental uncertainty in emerging firms. Journal of Operations Management, 29 (12), 143162. Padhi, S.S. Aggarwal, V. (2011).Competitive revenue management for fixingquota and price hotel commodities under uncertainty. International Journal of Hospitality Management, 30(3): 725-734. Rohlfs, K.V. Kimes, S.E. (2007).Customers' Perceptions of Best Available Hotel Rates. Cornell Hospitality Quarterly, 48(2): 151-162. Websites ertr.tamu.edu, (2015).The search for and purchasing of an airline ticket. [online] Available at: https://ertr.tamu.edu/files/2013/03/enter2013_submission_30.pdf [Accessed 13 Jan. 2015]. Qantas.com.au, (2015).Flights to Australia | Australia travel | Qantas. [online] Available at: https://www.qantas.com.au/travel/airlines/home/in/en [Accessed 10 Jan. 2015]. The Australian, (2015).Qantas blames rivals for market share drop on routes to Australia. [online] Available at: https://www.theaustralian.com.au/business/aviation/qantas-blames-rivals-for-market-share-drop-on-routes-to-australia/story-e6frg95x-1226784446855 [Accessed 14 Jan. 2015].