LP6.2 Lien v. Lien Essay Example for Free

LP6.2 Lien v. Lien Essay A. What type of business entity did Pete Lien Sons, Inc. , operate when it was originally founded in 1944?. Pete Lien Sons, Inc. operated a partnership when the business was originally founded in 1944. B. Who were the original three partners of Pete Lien Sons, Inc. , when it was founded? The original partners were Bruce Lien, his brother Charles Lien, and their father Pete Lien Sr. C. When Pete Lien Sons, Inc. , incorporated in 1952, the partners became ___________ of the corporation. When Pete Lien Sons, Inc. , in 1952, the partners became equal shareholders of the corporation. D. How many people served on the corporations board of directors at the time of the lawsuit? At the time of the lawsuit, seven people served on the corporation’s board of directors. E. At the time of the litigation, who owned the majority of stock in the corporation and received more income and dividends than any other shareholder? Bruce Lien owned the majority of stock in the corporation and received more income and dividend than the other shareholders. F. What allegations did Bruce Lien assert his complaint in the civil action that he brought against the corporation and the other members of the board of directors in April 2000? Bruce Lien alleged minority shareholder oppression, breach of fiduciary duty and tortuous interference with prospective business relations or expectancy. G. Under what South Dakota statute did the trial court find that there was a shareholder deadlock in failing to elect directors? (example: (SDCL __-__-__) Under SDCL 47-7-34(3) That the shareholders are deadlocked in voting power, and have failed, for a period which included at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired upon the election of their successors H. What did the trial court determine to be the most equitable manner of breaking the deadlock? The trial court determined the most equitable manner of breaking the deadlock was a blind auction between Bruce and all the other shareholders for the sale of the corporation. I. When the trial courts decision was appealed, did the South Dakota Supreme Court, agree that a deadlock existed? No, the Supreme Court did not agree a deadlock existed and reversed the trial court’s rulings. The Supreme Court stated, there was no showing that the shareholders were deadlocked in voting power because of Bruce’s refusal to attend the meeting and participate in the voting for new directors.

Behind the Scenes: The Effects of Acting on Personal Identity Essay

Scientists have found it most valuable to study the cases of twins in order to determine the relative contribution of genetics or environmental factors to intelligence. First off, it is important to have an understanding of the genetic distribution between the different groups. Identical twins share the exact same genetic material, giving them 100% genetic overlap. Secondly, all other first degree family members such as fraternal twins, siblings, and biological parents and children share 50% genetic overlap. Cousins have 15% overlap, and all other relationships share 0% genetic overlap. In twin studies, psychologists study a variety of different cases; identical twins raised together, identical twins raised separately, and fraternal twins raised together and separately. The reason for including these groups is to examine the correlation they have for intelligence. These studies have shown the intelligence correlation in identical twins is higher than in fraternal twins, even when the identical twins are raised apart. Examining these different groups helps to determine the influence both genetics and environmental factors have on intelligence. Other groups that have been included in these studies are: siblings raised together, siblings raised apart, biological parent and child that lived together, biological parent and child that lived apart, adoptive parent and child that lived together, and cousins that lived apart. These groups were included because comparing identical versus fraternal twins is not the only method to help determine the influence of genetics on intelligence. Because these other groups have varying degrees of genetic overlap with each other, they provide information that can contribute to understandi... ... person possesses is irrelevant. A person that is skilled in mathematics is intelligent, as is a person that has the ability to choreograph a Broadway dance routine. Everyone has a degree of intelligence in every subject; however, some people have a very high amount of intelligence in some particular areas compared to other areas. Both nature (genetics) and nurture (environment) make definite contributions to intelligence. The most accurate way to put the contributions together is to say that genetics allows for intellectual capacity and it is the role of nurturing to bring that capacity (â€Å"intelligence†) to its fullest capabilities. Without an enriched environment, a lot of intelligence may be put to no use at all. If a person has no outlet to channel the intelligence he or she has there is intellectual potential simply sitting there, but not being exercised.

Reflective Account of Increasing a Persons Observations

Reflective Account of Increasing a Persons Observations on an Acute Mental Health WardThis essay will discus a decision that was made on a local male acute ward. Using this example, an analysis of the decision making process has been made and a reflective model has been used in order to generate personal knowledge that will inform further practice (Rolfe, 2011a). A pseudonym of Tim has been used for the discussed patient to maintain confidentiality in accordance with the NMC code of conduct (2010a). Observation is one way in which mental health nurses can protect acutely mentally ill inpatients from harm and is commonly implemented for patients who impose a risk of harming themselves, others and for those who are vulnerable (Bowers et al, 2006). Tim, who was on a local male acute ward, posed a risk of harming himself and became very vulnerable during his stay. On admission he was perceived to be at low risk of harming himself and vulnerability, therefore was observed on the minimum level of observation, general observation, which includes all patients and involves an hourly eyesight check on the patient (DH, 1999; NICE, 2005). The decision to increase his observation level was jointly taken by the mentor and the author by gathering information from bank support workers about Tim's current presentation. After a noted deterioration in Tim's mental health, it was decided to increase observations to within eyesight of staff. Justification for this was that he was becoming a serious risk of harming himself as he threatened to jump from the ward roof, as he was determined to leave. Tim was detained under section 2 or the mental health act (DH, 2007). He felt that he needed to leave in order to find his son who he had recently lost contact with. He had been stopped attempting to climb a drain pipe to leave via the ward roof and had been in a very distressed state. Eyesight level of observation is seen as the second highest of four levels and demands intense nursing, only within arms length is higher (DH, 1999; Jones & Eales, 2009; NICE, 2005). Close observation is an example of decision making which is exclusive to mental health nursing. The Chief Nursing Officer described observation as a key area where good practice is essential and that nurses should ‘demonstrate an understanding of the benefits and limitations of the use of levels of observation to maximise the therapeutic effect on inpatient units’ (DH, 2006). Additionally NICE (2005) recommends the use of observation in the short-term management of disturbed/violent patients. The Nursing and Midwifery Council (NMC, 2010a) require nurses to be able to apply knowledge and an appropriate repertoire of skills that is indicative of safe and effective practice and based on the best available evidence. At the time of making the decision it seemed the right course of action. The mentor's final decision was taken for granted as he was an experienced nurse and a lack of personal experience meant that the author had limited personal experience to work with. Before undertaking this assignment it could not decided what could be done differently if faced with a similar situation on qualification. On qualification, such a decision will have to be well informed and made with confidence and one that has to be made in accordance with the NMC code of professional conduct (2010) which requires nurses to be accountable for their own actions and omissions in practice. By using the decision making tool below the advantage of hindsight can be used when analysing this decision to better inform future practice. Pritchard (2006) sees decision making as one of the most difficult processes that a nurse can undertake and one of the most important parts of nursing practice. Aitkin (2003) concludes that formal decision analysis can improve future decision making. The utilised decision making model, as described by Jasper (2003), asks the questions Who/What/When/Where/Why and How? These questions make a useful contribution to systematic, holistic, clinical judgement and enable evaluation and critical thinking about the made decision to take place Jasper, 2003; Standing, 2011). Tim has a long history of mental illness and was admitted to the ward following a deterioration in his mental illness after he lost contact with his son. His mood was elevated and he felt very restless and agitated. Prior to admission, he was found police in a very distressed state. Tim was placed on a section 2 of the mental health act (DH, 2007) and was originally observed generally where a member of staff would have to see him face to face on a hourly basis (NICE, 2005). Under section 2 of the mental health act Tim has lost the right to leave hospital at will and his responsible clinician has not granted him section 17 leave. A person can be detained for up to 28 days and treat against their will (DH, 2007). As Tim was detained it was important for staff to keep him on the ward. Increasing attempts by Tim to leave led to a change in observation level to within eyesight to make sure he did not leave the ward by any means. Staff levels were low, and for that reason it was felt that there was not enough staff to informally observe Tim. In addition there was a general feeling of fear that if Tim left the ward there would be inevitable consequences for the staff. The literature shows that the decision to increase a persons observations is common when faced with the above situation. Buchanan-Barker ; Barker (2005) are critical at the increase of observations on acute mental health wards following high profile tragedies placing practitioners in defensive mode to stop patient elopements and harm to patients. Organisations have responded to this risk by formalising observation policies to defend themselves against litigation. In addition, it is felt that observation policies dominate practice and reassure distant managers that ‘something is being done' (Horsfall ; Cleary, 2000). Equally, nurses use observation in ‘defensive mode' in order to prevent harm. Despite these measures, the effectiveness of observation to reducing patient risk and providing a therapeutic benefit is not at all clear (Mana, 2010). This indicates that observation is driven by risk culture and defensive practices concerned with physical integrity of the person and do little to address the origin of a person's distress (Cutcliffe & Stephenson, 2008; Buchanan-Barker & Barker, 2005). Tim was finding it hard to cope with the loss of his son and wants to leave the ward to find him. One study found that the most cited reason for ncreasing levels of close observations was the prevention of absconding from an acute ward which could lead to the patients self-harm, neglect vulnerability and violence (Dennis, 1997). During Tim's observation staff were tired and unwilling to engage with Tim. Staff were seen to be following Tim from one part of the unit to another which was aggravating him further. The observation was void of conversation which is in contrast to Peplau's (195 2) view that clinical observation should be carried out with the nurses attention to the interpersonal relationship with the patient. Likewise, Rooney (2009) reports that nurses acknowledged that observations were more about prevention than cure and keeping the patient safe was priority. On the other hand, Bowles et al (2002) found that distressed patients need both containment and engagement. In conclusion, there was a need to maintain a therapeutic relationship while considering the management of risk and the empowerment of the patient. The mental Health Act (DH, 2007) requires an appropriate package of treatment to be in place which includes one-toone time with staff which could have helped alleviate Tim's anxiety. Short staffing meant that Tim's one-to-one time had not taken place and from a personal view point a package that can only be theoretically provided is not be good enough. Bank support workers had been allocated to observe Tim as the qualified nurse had to complete paperwork. This is in agreement with the findings of Rooney (2009) who reported that observation was usually left to unqualified staff as nurses were often dealing with other matters. In contrast, NICE (2005) states that observation should be undertaken by registered nurses. Nurses may delegate to competent staff who have had the appropriate training. It is thought that the bank staff did not have the appropriate level of competence which created a poor skill mix on that shift which Aston et al (2010) see as a barrier to good decision making. In agreement Rooney (2009) found that staff acknowledged therapeutic work could take place during times of observation however, they felt that they lacked the relevant skills. Staff reported that no one had ever explained how to interact with the patient or had received any further guidance beyond the aspects of risk management and containment. Most nurses who took part in this study had no practical or theoretical preparation for observations. Tim attempts to leave by the door on the ward when it is opened for visitors and he will try several times a day to enter the court yard to leave by climbing onto the roof. The high level of staffing resources taken up by preventing Tim from leaving the ward prevented staff from engaging with other patients who felt that they were being ignored and neglected which in turn added further stress to staff. In agreement are a number of authors who have shown that formal observations consume nursing resources and that the patient being observed receive a disproportionate amount of nurses time (Mana, 2010; Bowles et al, 2002). Bowles et al (2002) argued that the time taken up by the demands of observation was to the detriment of of care of patients that were not seen as a high risk. To reflect on the above experience Rolfe's framework has been used which poses the questions what? , so what? , now what? (Rolfe, 2001; 2011a). This type of reflection which is done after and away from the actual event is referred to by Schon (1983) as reflection-on-action and the following discussion focusses on how the author and others did and what changes could be made. Despite this type of reflection being useful reflection-in-action is seen to have far more significance in professional practice. Reflection-in-action looks at the suitability of a particular intervention while it is been carried out. This is one of the distinguishing features as a nurse progresses from qualified status to an advanced practitioner (Schon, 1983; Rolfe, 2011b). In terms of clinical reasoning and decision making, reflection is seen as an invaluable resource for developing personal practice and learning from other people's perspectives (Aston et al, 2010). In addition to this, reflection can generate knowledge from practice rather than relying on external research findings (Rolfe, 2011a). Rolfe's (2001) framework allows the construction of personal theory and knowledge and how a similar situations outcome might be improved by future actions. The NMC makes it clear that nurses should take part in appropriate learning that helps develop competence and performance (NMC, 2010a). According to Benner's (2001) novice to expert the author recognises that as a management student working towards qualification he needs to be a proficient performer who looks at situations as a whole rather than their constituent parts. In strong agreement, Aston (2011), who uses a skills escalator approach, places a management student at level 4 which is a level where a student is expected to demonstrate they can draw on a wide range of resources using an evidence based rational for decisions. When the author collaborated with staff to assist in making a decision for Tim he felt equally involved in the decision making process however personal contribution was lacking due to limited knowledge at that time. The NMC (2010a) require that care is based on the best available evidence or best practice. The author's personal decision was not based on either. Furthermore, Aston (2010) recommends that confidence in making a decision is developed by a number of factors including relevant past experiences and practising using decision making skills. Pritchard (2006) argues that the process of decision making is learned gradually through practical experience of caring for patients and observing more experienced colleagues making decisions. Further inhibiting the authors ability to make a decision was a theory practice gap (Aston, 2010). This indicates that the author was practising at Benner's (2001) novice stage, in that he had entered a new clinical area and had a limited contextual understanding. The author was too inexperienced to made the above decision. Tim was placed on eyesight observations and the permanent presence of staff upset him. Tim was feeling distress and anger. There were no positive outcomes and the intervention was not effective meaning the wrong decision may have been made. Personal decisions and actions were not based on evidence or experience. One of the barriers to future decision making is making mistakes and reflection is one way of recognising what could have been done better. In addition, in the new clinical environment, the author should have been assisted to practice safely under constant supervision and possibly not able to make such a decision at this stage of nursing training (Aitkin, 2003). Despite this being the case a thorough theoretical knowledge before working on the ward would have better prepared the author for making the decision. In contrast to this is the notion that a nurse who is experienced in working with theoretical knowledge will find differences in practice that the formal theory fails to express (Benner, 2001). This indicates that a new understanding of the situation has been reached. Despite no real harm coming to Tim the author was not in a position to assist in making the decision. The author should have declined stating that he did not have the relevant knowledge. It is clear that the author had a low critical thinking capability at that time. It is argued that this is a problem faced by newly qualified nurses. Graduates do not meet expectations for entry level clinical judgement ability (Del Bueno, 2005). Similarly, Deuchester (2009) reports that newly qualified nurses go through a transition shock and have a poor ability to make decisions. Feelings of doubt, loss, confusion and disorientation for newly qualified nurses are reported along with a lack of knowledge that includes practical, theoretical and tacit. Despite this being the case the NMC (2010b) require students to demonstrate the ability to work as autonomous practitioners by the point of registration. Del Bueno (2005) concludes that newly qualified nurses should be expected to think critically and use clinical judgement in order to develop it. In conclusion the broader issues that have arose from this are that time needs to be taken to stop and think and consider whether whether the decision is meeting the patients needs. The main learning, for future practice, is to make sure that the author is exposed to as many situations as possible to gain practical knowledge. In addition, theoretical gaps in knowledge need to be eliminated in future practice. The best attempt to engage with the patient needs to be sought in the future. If observation levels needs to be increased the decision should be weighed up against the patient being allowed to move freely and not feel restricted and Mental Health Act (2007) requirements of offering one to one-to-one sessions.

Discrimination And Discrimination - 1032 Words

Discrimination is a monster lurking in the shadows, it can be found almost anywhere and can affect anyone. Discrimination is bad treatment or judgement of a certain group of people, similar to prejudice. It affects the teens and young adults of the world, especially those still in school. Homophobia, racism, and sexism are three of the most common types of discrimination. Discrimination like homophobia, racism, and sexism negatively affects many young adults. A notable type of discrimination is homophobia. It negatively affects every LGBT+ person, whether directly or simply installing the fear of what someone might do to them at any moment. One young adult who experienced first hand the terrors homophobia can bring was Matthew Shepard,†¦show more content†¦It doesn’t include the bisexuals, pansexuals, transgender, and so many more people who have to deal with the words and actions of homophobia. Homophobia branches out to many similar hatreds, and sometimes it doesnà ¢â‚¬â„¢t even come from a heterosexual person. For example asexuals, who do not feel any sexual attraction, and pansexuals, who can feel attracted to someone regardless of gender identity, are often deemed invalid by even gay people. Asexuals being told they just haven’t found the right person yet, or pansexuals being told they’re just confused and that they’ll decide whether they like boys or girls eventually. Homophobia is everywhere, minor or major, and it badly affects young adults all over. Discrimination also comes in the form of sexism. Sexism is discrimination against someone because of their sex. Sexism can be against both males and females, but is most commonly noted as being against a female. Many teens and young adults suffer the effects of sexism daily, some surprisingly young. â€Å"Most of the 13-year-olds questioned said they had experienced sexual harassment, rising to 80% of 19 to 21-year-olds. This included being shouted and whistled at, sexu al graffiti and pornography, sexual jokes and taunts as well as unwanted sexual attention, unwanted touching and stalking. More than three-quarters (78%) said they found this behaviour threatening if they were alone† (Burns). The majority of women have to deal with sexism in many forms, some severe, such asShow MoreRelatedDiscrimination : Discrimination And Discrimination1161 Words   |  5 PagesDiscrimination in U.S.A Introduction This term is utilized to highlight the contrast in treatment between individuals from diverse groups when one group is purposefully treated†¦ 1. Gender Discrimination †¢ Although gender discrimination has decreased a lot as compared to past but still the situation is far from ideal†¦ †¢ Several institutions are reluctant to give important and commanding posts to women†¦ †¢ Gender discrimination is also evident in social life of America†¦ 2. Religious DiscriminationRead MoreDiscrimination : Discrimination And Discrimination1169 Words   |  5 PagesII 10/5/2017 Discrimination Of People in the Workplace Does Discrimination still exist in the work environment? You bet. This paper focuses on discrimination laws that help women and men, who are treated differently because of their sexuality, race, religion and gender identity. Federal and State laws forbid discrimination against race, religion, sexual orientation, sex, and gender identity even though it still happens to many people. (Employment Law Handbook. (n.d.).) Discrimination Laws OrganizationsRead MoreDiscrimination : Discrimination And Discrimination1626 Words   |  7 PagesDiscrimination is the concept of treating someone unfairly due to a specific prejudice you have toward them, as stated by Pincus (2006) on distinguishing the two â€Å"prejudice is what people think and discrimination is what people do†[1] thus to discriminate a child would be to act upon your feeling toward them. Within practice this could be shown through singling out a child due to their race, religion, disability and/or gender etc., such behaviours are not condoned nor allowed within the educationRead MoreDiscrimination : Discrimination And Discrimination1513 Words   |  7 PagesDiscrimination In today s lesson, you will be learning about discrimination. First off, you have 30 seconds to think of any reasons why discrimination may occur: Write your answers the text box below: Discrimination: Occurs when a person is subject to unfair treatment, based upon a characteristic that is considered to be abnormal, in association with certain individuals or groups, lifestyle choices, or a personal circumstance that is not desired in the workplace. What laws cover non-discriminationRead MoreDiscrimination : Discrimination And Discrimination1788 Words   |  8 PagesDiscrimination has played a role in humanity from the beginnings of human existence to the modern societies of today. Every individual has experienced an act of discrimination at some point; yet, most questions surrounding this fundamental human flaw remain unanswered. One belief that has overwhelming support is the fact that discrimination can lead to significant negative effects. These effects mediate how an individual is able or unable to deal with discrimination. Thus, the discussion of discriminationRead MoreDiscrimination, Discrimination And Discrimination Essay2406 Words   |  10 PagesUnfortunately, discrimination has been occurring in America for hundreds of years. Evidence proves this when the European settlers began colonizing America and making the Native American people their slaves. It didn’t stop there, discrimination and racism was even more apparent when the Jim Crow Laws were passed. The Jim Crow Laws enforced segregation between the whites and the African Americans. For years, the unlucky Americans of all races, colors, and sexual orientation have endured discrimination at someRead MoreDiscrimination : Discrimination And Discrimination947 Words   |  4 Pages Discrimination is an action or practice that excludes disadvantages or merely differentiates between individuals on the basis of some ascribed or perceived trait. Discrimination can be caused by stereotyping and prejudice. Stereotyping is a widely fixed and oversimplified image or idea of a particular type of person. Prejudice is a preconceived opinion that is not based on a reason or an actual experience. Some groups that are more likely to be discriminated against are; women, ethnic minoritiesRead MoreDiscrimination : Discrimination And Discrimination821 Words   |  4 Pages Discrimination is typically defined as the practice of treating a person differently from other people or groups of people. In terms of economics, discrimination occurs when people with similar economic characteristics, experience different economic outcomes due to their race, sex or other noneconomic attributes. For instance, a black worker whose skills and experience is identical to those of a white worker but receives a much lower wage is a victim of discrimination. A country will not be operatingRead MoreDiscrimination : Discrimination And Discrimination Essay1260 Words   |  6 PagesDiscrimination is an ongoing issue that many individuals experience daily. It affects a numerous amount of diverse beings in a multitude of circumstances and locations. One’s race is not the only presiding factor in being victim to discrimination, often times it can be an individual’s gender, sexual orientation, religious beliefs, personal values, and cultural background. Discrimination is not just about being discriminated against but sometimes it can be an unintentional maltreatment of one differentRead MoreDiscrimination : Discrimination And Discrimination Essay1142 Words   |  5 Pagesis referred to as discrimination. Discrimination can be based on many different characteristics age, gender, weight, ethnicity, religion, or even politics. For example, prejudice and discrimination ba sed on race is called racism. Oftentimes, gender prejudice or discrimination is referred to as sexism. Discrimination is often the outcome of prejudice pre-formed negative judgment or attitude. Prejudice leads people to view certain individuals or groups as inferior. Discrimination refers to the arbitrary