Friday, May 22, 2020

Adolescent Behavior And Abusive Situations - 2132 Words

Abstract An estimated 20 people per minute in the United States are abused by an intimate partner each year (Breiding et al., 2014). Many reasons have been identified that prevent women from leaving and remaining out of abusive relationships. Such factors include economic, religious, cultural, and psychological (.e.g. fear, learned helplessness, self-esteem). Yet, there has been very limited research that examines the neurocognitive issues that influences a woman’s decision return to abusive situations, despite opportunities and resources to leave. The following study will explore possible implications of addictive behavior towards abusive situations in battered women— due to neurocognitive dysfunction. We hypothesized that battered women will present with decision making impairment similar to persons with substance dependency and other addictions. Findings will shed light on the need to develop more comprehensive prevention and intervention measures to decrease the number of women who return to abusive situations. Background Currently, the United States spends an estimated eight billion dollars per year on medical and legal expenses alone (Burnett, 2014). Unfortunately, the physical, psychological, and emotional costs to women and their children are immeasurable. Women of domestic violence often experience both acute and chronic health problems, substance abuse, and psychological disorders. (Breiding et al.,2014). . More recently, there hasShow MoreRelatedA Study On The Theory Of Teen Dating Abuse By Using A Phenomenological Inquiry942 Words   |  4 PagesPhenomenology A phenomenology study will be conducted because the question seeks to understand the experience of youth that has experienced dating violence. To grasp the essence of their experiences I will conduct interviews with adolescent survivors of dating violence, allowing them to tell their story and explain their experiences from their personal point of view. The statements and descriptions of those experiences will define the essence of the phenomenon. (Taken from Tranell Steward InitialRead MoreLove Shouldnt Hurt1429 Words   |  6 Pagesbeen or will be in an abusive relationship in high school (Alabama Coalition Against Domestic Violence). I propose that further action must be taken to inform women of dating violence before it ends tragically. Dating abuse goes unvoiced because some women don’t completely understand what it is. Dating Violence is defined as a pattern of abusive behaviors that are used to gain power and control over a current or former dating partner. There are four types of abusive behaviors: verbal, emotional,Read MoreThe Role Of Forgiveness During Cbt Group Therapy Treatment With A Child1411 Words   |  6 PagesTreatment Plans The role of forgiveness during CBT group therapy treatment with a child. The psychotherapeutic use of forgiveness can play an important role in decreasing or resolving the hostile feelings, thoughts and behaviors seen in children with abusive and aggressive natures. The acquisition of this virtue is most important and helpful for children to develop in order to control and resolve their anger. The following case study on the treatment of a defiant child which is taken from the bookRead MoreViolence Is Preventable And Extremely Imperative For Us Essay987 Words   |  4 Pagesbeing battered in unhealthy relationships. I always hear about situations like this through the media never in real life. It’s sad to say that a very close friend of mind was one of those women in a vicious relationship. I thought to myself why would you continue to stay in an abusive relationship for so long. Some people (victim or perpetrator) believe abuse is normal; they grew up in abusive homes. Some individuals stay in abusive relationships for financial support. â€Å"Violence perpetrated againstRead MoreThe Effects Of Intimate Partner Violence On Women1421 Words   |  6 PagesIPV are discussed. It is important to note that intimate partner violence causes physical, mental, and sexual consequences for female victims of abusive relationships. Women involved in IPV report poor health–related quality of life. Their personalities and associated behaviors change as they psychologically adjust and situationally adapt to an abusive environment. Unfortunately, women in abuse relationships attempt to adaptively cope through expressive forms of depersonalization, dissociation, andRead More Effects of Child Abuse and Neglect Essay examples1386 Words   |  6 Pagesdifficulty sleeping, low self -esteem, antisocial behavior, including rebelliousness or running away, increased hostility or aggression. Feelings of fear, shame, anger, guilt, anxiety, or confusion are often found in a child that is being abused. The child will tend to stay away from other children and play by themselves. A child that is abused will most likely be abused until they are a teenager and will usually find themselves in an abusive relationship later in life, if they’re not beingRead MoreFamily Violence And The Family1082 Words   |  5 Pagesviolence is when someone uses abusive behavior to control or harm a member of their family, or someone with whom they have an intimate relationship. Family violence includes a single act of violence, or a number of acts that form a pattern of abuse. Family violence can have serious-and sometimes fatal-consequences for victims and for those who see or hear the violence. So, in a family, each of family member should be an important role for others. Violence behaviors of family members will bring manyRead MoreAdolescence : Literature Review1463 Words   |  6 Pagesoccurring. Whether it’s through their education moving from middle school to high school or changes within their brain as they age. Adolescents are going through puberty, hormonal changes and experimenting with different social groups within th eir society. The culture and the social aspects of a society can shape an adolescent into an adult, whether it is to set the adolescent up to succeed or fail. Everyone has their own life path and changes can occur that affect the biological, cognitive, developmentalRead MoreChild Abuse Effects1443 Words   |  6 Pagesproblems and learning disorders to severe organic brain syndromes. ââ€"  Behaviorally the consequences of abuse range from poor peer relations all the way to extra ordinarily violent behaviors. Many complexities challenge our understanding of factors and relationships that exacerbate or mitigate the consequences of abusive experience. The majority of children who are abused do not show signs of extreme disturbance. In recent years much attention has be focused on the consequences of child sexual or physicalRead MoreCan Single-Parent Households Influence Adolescents To Become Abusers?1099 Words   |  5 PagesSingle-parent households can influence adolescents to become abusers of their spouses, children and themselves and are expected to experience domestic violence in their lives. Rather than having the balance of a two-parent home, single-parented adolescents are constantly exposed to stressors and ultimately become abusers themselves. This leads to a vicious and continuous cycle that could lead to the destruction of generations thereafter. The trend of single-parent households are drastically increasing

Sunday, May 10, 2020

An Employee or Not - Free Essay Example

Sample details Pages: 6 Words: 1938 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? An Employee or Not? à ¢Ã¢â€š ¬Ã‹Å"Although distinguishing between those working under a contract of service with those working under a contract for services is more important now than ever. We are still no closer to being able to conclude such a dispute with absolute certainty than we were over 100 years ago.à ¢Ã¢â€š ¬Ã¢â€ž ¢ This essay will focus on a fundamental area of Employment Law on whether someone is an Employee or Not? In this modern time of law reforms this area has throughout the years been focused on how it would be easier to distinguish between those who are working under a contract of service and those who are working under a contract for services. It is more important than ever for these two aspects of Employment Law to be distinguished and there be a clear answer that will reduce these disputes with complete certainty. Don’t waste time! Our writers will create an original "An Employee or Not?" essay for you Create order There will be a brief illustration on what a contract of service is and what contract for services is. The differences will also be highlighted. Reference to cases, legislation and any other areas of law that are important will be used to form a supported conclusion in relation to the above statement. In order for an examination to be made from the above the statement. What makes a contract of service and what makes a contract for services must be explained and understood. It is hugely important that the difference between a contract of service and a contract for services as per Smith and Wood, à ¢Ã¢â€š ¬Ã…“The independent contractor may be in a better monetary position while working but at a grave disadvantage if he falls off a ladder or is sackedà ¢Ã¢â€š ¬Ã‚ [1] this idea was supported in Lane v Shire[2] where it can be seen that if there is an issue of safety involved then that court or tribunal should search for proof that the employee involved was a worker. The key here and when dealing with any questions involving these two very different aspects is the distinguishing factors of a contractor and an employee. The definition of a worker can be found on the Employments Rights Act[3] which states; à ¢Ã¢â€š ¬Ã…“In this Act à ¢Ã¢â€š ¬Ã‹Å"employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢ means an individual who has entered into or works underà ¢Ã¢â€š ¬Ã‚ ¦a contract of employmentà ¢Ã¢â€š ¬Ã‚ . It should be noted here that a à ¢Ã¢â€š ¬Ã‹Å"contractà ¢Ã¢â€š ¬Ã¢â€ž ¢ of employmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ is where there is a contract of service or apprenticeship which once again has been set out in statute.[4] On the other hand as per the Trade Union and Labour Regulations a à ¢Ã¢â€š ¬Ã‹Å"workerà ¢Ã¢â€š ¬Ã¢â€ž ¢ means à ¢Ã¢â€š ¬Ã…“an individual who works, or normally works or seeks to work (a) under a contract of employment, or (b) under any other contract whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client of hisà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ .[5] Per these two legislations it is already clear that there is fundamental difference between a worker = contract for service and an employee = contract of service. How does the court deal with this? In order for it to be absolutely clear what the person involved in the case falls under. There are a number of tests the court uses to classify the contractor or employee. The most common of the tests used and one which has become the traditional test when determining the employment status is the control test. A definition of this test can be found in Yewens v Noakes where it was stated, à ¢Ã¢â€š ¬Ã…“a servant is a person subject to the command of his master as to the manner in which he shall do workà ¢Ã¢â€š ¬Ã‚ [6]. This at a first glance seems simple and this is justified when taking account of two specific cases; Mersey Docks and Harbour Board v Coggins and Griffith, and Walker v Crystal Palace Football Club. In both these cases it further evaluated the basic test set down in Yewens, these two cases outlined that, à ¢Ã¢â€š ¬Ã…“If a worker is told what to do, but not how to do it, this would be a contract for servicesà ¢Ã¢â€š ¬Ã‚ .[7] However if each of these statements is stripped down it becomes clear that there are issues with this test and these issues suggest that the courts and tribunal are still no closer to being able to with absolute certainty conclude a case involving contract of services or a contract for service. The biggest issue here is the fact that in the last hundred years the modern era employers have come to rely on employees who control their own work without the employers input. Furthermore large companies have given out work to small independent contractors where the employer will tell them what, when, where and how to do the job. These two examples go against everything set out by the three cases above; moreover a very important case raised another issue. The case of Whittaker v Minister of Pensions suggest that, à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦persons possessed of a high degree of professional skill and expertiseà ¢Ã¢â€š ¬Ã‚ ¦may nevertheless be employedà ¢Ã¢â€š ¬Ã‚ ¦under contracts of service, notwithstanding that their employers canà ¢Ã¢â€š ¬Ã‚ ¦exercise little, if any, control, over the way in which the skill is usedà ¢Ã¢â€š ¬Ã‚ [8] This emphasizes the fact that where there is a higher required of skill there is a far less significant factor of control. There has been developments on the basic factors of the control test and these is not a series of factors that were suggested by the court in Park v Wilsons which also stated that, à ¢Ã¢â€š ¬Ã…“the right to control the servant in the manner of doing his work is one of the most important tests of employmentà ¢Ã¢â€š ¬Ã‚ [9], it must be noted here that this case does have a negative precedent meaning that it is negative law therefore not to be fol lowed in cases that have the same facts or circumstances. However this case does show that the Courts and Tribunals are aware that the control test is not definite and in this particular case it has been highlighted that there has been effort to make the control test more concrete therefore more reliable to use. Due to the control test not being a hundred percent reliable there are a number of other tests that the courts can use to determine the statue of employment such as the Integration Test and the Multiple Test. The Integration test is fairly simple as it was formulated in Stevenson v MacDonald[10] where it was stated, à ¢Ã¢â€š ¬Ã…“under a contract of service, a man is employed as part of the business and work is done as an integral part of the businessà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“under a contract for services, the work, although done for the business, is not integrated into it but only an accessory to ità ¢Ã¢â€š ¬Ã‚ . Basically this test is all about as king the question à ¢Ã¢â€š ¬Ã¢â‚¬Å" is the worker integrated into the organisation? It is pretty clear that this test cannot be used in these modern times due the nature of businesses where employees can work from home or that contractors are becoming a very huge piece of the work place engine, as well as including those higher skilled workers that have previously failed the control test[11]. Nevertheless besides the Integration Test the Multiple Test can be considered alongside the Control Test as being one of the most important tests when dealing with employment status. The Multiple test or as it is commonly known the contemporary approach the Multiple Factor/Basic Ingredients + Test was created due to the clear failures and inadequacies of all the single tests as seen above. The best example of this test is in Ready Mixed Concrete v Minister of Pensions[12], in this particular case it had to be considered whether seven hundred drivers were considered to be working under a contract for services or a contract of service. In this case there were a lot of criteria that became apparent. Not all of it was conclusive but they all had to be considered. This case heard that in order for the existence of a contract of service to exist there had to be three factors. A) The servant agreed in consideration of a wage of other remuneration to provide his own work and skill in the performance of some service for his master. B) The servant agreed expressly or impliedly that, in performance of the service he would be subject to the control of the other party sufficiently to make him the master. C) The other provision of the contract were consistent with its being a contract of service[13]. These three factors have to be present before a contract of service can be considered. If they are present then other factors that are considered to be relevant can be considered. The Ready case also was fundamental in illustrating the principle of delectus pers onae (choice of the person); this concept was missing from the Ready case. There has been modern interpretation of this concept in 2001 where it was stated that, à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦was unable to take a class, she would contact a replacement from the register of coaches maintained by the responds, and arrange her class to be covered by a member on the registerà ¢Ã¢â€š ¬Ã‚ [14] this goes along with a quote from the Byrne Bros case; à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦unable to provide the servicesà ¢Ã¢â€š ¬Ã‚ ¦[they]may provide an alternative worker to undertake the service but only having first obtained the express approval of the contractor[15]. These two cases highlight just how far the law has come. As these cases highlight that in these modern times there is a more flexible interpretation allowed which goes against its very strict past. Where this would not be allowed as the old requirement was interpreted as being black or white and having no grey area (Strict ) this can be seen when it first came about.[16] In conclusion even though it can be seen that there is still difficulty when dealing with contract of service and contract for services there has been a lot of change in the law that has reduced the courts originally strict view and greatly enhanced their interpretation skills allowing them to become more confident. As well as being easier for them to determine the employment statues. However this does not mean there are still not problems. There is and there always will be especially due to the complex nature of Employment Law. Nevertheless it can be seen that there has been an improvement and the law has come a long way in a hundred years. Although the courts cannot conclude a dispute with absolute certainty the presence of the new tests and legislation has allowed the courts and tribunals to make a decision with almost complete certainty. A hundred years is a long time ago with these new fundamental factors. Although with the constantly changing environment of law in general being an undermining issue there could be more changes on the way or the improvements made over a hundred years might be undone by a law itself there bringing employment status disputes back to the beginning. Final Word Count = 1,978 Final Word Count without footnotes = 1,825 [1] Smith and Wood, Industrial Law(6th Edn 1996) p9 [2] Lane v Shire Roofing Co (Oxford) Ltd (1995) [3] Employments Rights Act 1996 s230 [4] ibid [5] Trade Union and Labour Regulations (Consolidation) Act 1992 s296 [6] Yewens v Noakes (1880) 6 QBD 530 [7] Mersey Docks and Harbour Board v Coggins and Griffith (Liverpool) Ltd [1947] AC 1; Walker v Crystal Palace Football Club [1910] 1 KB 87 [8] Whittaker v Minister of Pensions and National Insurance [1967] 1 QB 156 [9] Park v Wilsons Clyde Co Ltd (No 1) 1928 SC 121 [10]Stevenson, Jordan and Harrison Ltd v MacDonald and Evans [1952] 1 TLR 101 [11] Whittaker v Minister of Pensions and National Insurance [1967] 1 QB 156 [12] Ready Mixed Concrete v Minister of Pensions and National Insurance [1968] 2 QB 496 [13] ibid [14] MacFarlane v Glasgow City Council [2001] IRLR 7 [15] Byrne Bros (Formwork) Ltd v Baird [2002] IRLR 96 [16] Express Echo Publications Ltd v Tanton [1999] IRLR 367

Wednesday, May 6, 2020

Natural Vegetation of India Free Essays

Describe the regional variations in the climatic conditions of India with the help of suitable examples. Despite the overall unity accorded by the monsoon, there are visible regional variations in climatic conditions within India. Regardless of the moderating influences of the Himalayas in the north and the sea in the south, variations do exist in temperature, humidity and precipitation. We will write a custom essay sample on Natural Vegetation of India or any similar topic only for you Order Now For example, in summer, some parts of the Rajasthan desert, in north-western India, record temperatures of 50Â °C, while it may be around 20Â °C in Pahalgam in Jammu and Kashmir, in the north of the country. On a winter night, the temperature at Drass in Jammu and Kashmir may be as low as minus 45Â °C, while Thiruvananthapuram may have a temperature of 22Â °C. In general, coastal areas experience less contrasts in temperature conditions. Seasonal contrasts are more in the interior of the country. Another case in point is precipitation. While precipitation is mostly in the form of snowfall in the upper parts of the Himalayas, it rains over the rest of the country. The annual precipitation varies from over 400 cm in Meghalaya to less than 10 cm in Ladakh and western Rajasthan. Most parts of the country receive rainfall from June to September, but some parts like the Tamil Nadu coast get most of their rain during October and November. Discuss the mechanism of monsoons. During summer, a low-pressure area develops over interior Asia as well as over north and north-western India. At the same time, there is a high-pressure system over the southern Indian Ocean. Winds move from a high-pressure area to a low-pressure area. As a result, the low-pressure system attracts the southeast trade winds of the southern hemisphere. On crossing the equator, these trade winds—due to the Coriolis force—turn right towards the low-pressure areas over the Indian subcontinent. After crossing the equator, these winds start blowing in a south-westerly direction, and enter the Indian peninsula as the southwest monsoon. As these winds blow over warm oceans, they bring abundant moisture to the subcontinent. Arriving at the southern tip of the Indian peninsula, the wind system breaks up into two branches ? the Arabian Sea branch and the Bay of Bengal branch. The Arabian Sea branch hits the Western Ghats, while the Bay of Bengal branch flows over the Bay of Bengal and hits the eastern Himalayas. The coastal areas west of the Western Ghats receive much of the rainfall from the Arabian Sea Branch, while the regions lying east of the Western Ghats do not receive much rain from these winds. The north-eastern parts of the country receive much of their rainfall from the Bay of Bengal Branch. As these winds move from east to west, the moisture they carry progressively declines. As a result, rainfall decreases from east to west. The Arabian Sea branch moves towards the north-east from the south-west, and joins the Bay of Bengal branch over the northern part of the country. The duration of the monsoon is between 100 to 120 days. By the end of this period, the low pressure system over north and north-west India gradually weakens, and this leads to the retreat of the monsoon winds. Give an account of weather conditions and characteristics of the cold season. The Cold Weather Season Beginning from mid-November, the winter season lasts till February. The weather is usually marked by clear sky, low temperatures and low humidity, and feeble and variable winds. The temperature decreases from the south to the north, with the peninsular region not showing any noticeable seasonal change in temperature pattern due to the moderating influence of the sea. The coldest months are December and January. The days are generally warm and the nights are cold. Frost is common in the north and the higher slopes of the Himalayas experience snowfall. During this season, the sub-tropical westerly jet streams blowing south of the Himalayas bring in cyclonic disturbances from the Mediterranean region. These cause winter rains over the plains and snowfall in the mountains. The Tamil Nadu coast also receives winter rainfall due to the blowing of the north-east trade winds from sea to land. Give the characteristics and effects of the monsoon rainfall in India. Characteristics of monsoon rainfall in India: (i) The duration of the monsoon is between 100 to 120 days from early June to mid-September. (ii) Around the time of its arrival, the normal rainfall increases suddenly and continues for several days. This is known as the ‘burst’ of the monsoon. (iii) The monsoon has characteristic wet and dry spells or ‘breaks’ in rainfall. The monsoon rains take place only for a few days at a time. They are interspersed with rainless intervals. (iv) The moisture is carried by pulsating south westerlies that are affected by different atmospheric conditions, thereby giving monsoon rains an uncertain character. The annual rainfall is highly variable from year to year (v) The rainfall is unevenly distributed across the Indian landscape. Parts of the western coast and north-eastern India receive the maximum rainfall. Regions such as parts of Rajasthan, Gujarat, Leh and the leeward side of the Western Ghats receive very little rainfall. Effects of monsoon rainfall in India: (a) Indian agriculture is largely dependent upon the water from the monsoon rains. Late, low or excessive rains have a negative impact upon crops. (b) Due to the uneven distribution of rainfall across the country, there are some regions that are drought prone and some that are flood afflicted. (c) The monsoon provides India with a distinct climatic pattern. Hence, in spite of the presence of great regional variations, it has a unifying influence upon the country and its people. How to cite Natural Vegetation of India, Essay examples