Sunday, August 23, 2020
Friday, August 21, 2020
AngelaÃ¢â¬â¢s Ashes Ã In Frank McCourtÃ¢â¬â¢s diary AngelaÃ¢â¬â¢s Ashes, the association between tone, sentence structure, and perspective join to make a compelling equalization of silliness and pathos.Ã¢ This is appeared through the viewpoint of minimal Frank McCourt.Ã Sometimes it is human instinct to attempt to cause a catastrophe to appear to be better than it is so as to go on with our lives.Ã¢ FrankÃ¢â¬â¢s battle to make his circumstance as a poor, Catholic, Irish kid progressively endurable, is shown through the positive tone, ground-breaking linguistic structure and untainted perspective. Silliness and tenderness meet up when Frank takes bananas from the Italian, yet later a similar Italian gives him a sack of fruit.Ã¢ Frank realizes that he canÃ¢â¬â¢t purchase the bananas and he knows likewise the Italian wonÃ¢â¬â¢t part with them seen when Frank says; Ã¢â¬Å" Italians are not known for parting with bananasÃ¢â¬ (p.35).Ã¢ We can consider the to be in the robbery as the Ã¢â¬Å" twins drool and bite and spread bananas over their countenances, their hair, their clothesÃ¢â¬ (p.36).Ã¢ The disaster is that the McCourt kids are poor and need to fall back on asking and taking to survive.Ã¢ When the writer uses such words, for example, Ã¢â¬Å"slobberÃ¢â¬ (p.36), Ã¢â¬Å"little buddasÃ¢â¬ (p.36), he is attempting to make a grievous circumstance increasingly tolerable and charming to the peruser. Ã When the McCourts are at their new home, fourteen days before Christmas, the kids get back home and locate the entire first floor flooded.Ã¢ They conclude that they will remain up steps, which they call Ã¢â¬Å"ItalyÃ¢â¬ (p.118), and the ground floor Ã¢â¬Å"IrelandÃ¢â¬ (p.118).Ã¢ The funniness in this disaster is the house is so run down that water spills in and floods the bottom.Ã¢ Instead of anguish and whining about the house they move upstairs and make the best out of it and attempt to live normally.Ã¢ The peruser should locate this clever from the manner in which the family discusses it, they attempt to make the circumstance increasingly tolerable by including a feeling of humor.Ã¢ They leave the Ã¢â¬Å"PopeÃ¢â¬ (p.118) first floor on the grounds that Angela doesnÃ¢â¬â¢t Ã¢â¬Å" need him on the divider scowling at me in the bedÃ¢â¬ (p.118).Ã¢ The grammar utilized is to cause the peruser to feel sorry for the family when the entire ground floor is overwhelme d yet additionally the writer needs to make the peruser chuckle when the family chooses to help the circumstance by making a gutsy dream. Ã One of the more entertaining minutes is where Frank vomits up the host and his Grandmother says she Ã¢â¬Å" has God in her backyardÃ¢â¬ (p.
Posted by Elenor Gamboa at 11:28 PM
Sunday, July 12, 2020
Does Drinking Alcohol Kill Brain Cells Theories Biological Psychology Print Does Drinking Alcohol Kill Brain Cells? By Kendra Cherry facebook twitter Kendra Cherry, MS, is an author, educational consultant, and speaker focused on helping students learn about psychology. Learn about our editorial policy Kendra Cherry Updated on May 04, 2019 Lumina Images / Blend Images / Getty Images More in Theories Biological Psychology Behavioral Psychology Cognitive Psychology Developmental Psychology Personality Psychology Social Psychology Psychosocial Psychology The idea that having a few too many drinks permanently kills off brain cells has been around for some time. Chronic heavy drinking has long been associated with mental deficits. Alcohol exposure during critical periods of brain development, such as prenatally or during the teenage years, is also particularly dangerous. But is having that glass of wine after dinner really putting you at risk for neural loss? What Studies Show Experts believe that drinking does not actually lead to brain cell death. In fact, researchers have found that moderate drinking can have a number of health benefits, including improved cognitive abilities and lowered cholesterol levels. One study that involved comparing the number of neurons found in the brains of alcoholics and non-alcoholics found that there was no difference in neocortical neurons between the two groups. Even heavy binge drinking and long-term alcohol abuse dont actually result in the death of brain cells. Instead, alcohol damages the dendrites located in the cerebellum and reduces the communication between neurons. Researchers discovered that alcohol use not only disrupts communication between neurons; it can also alter their structure. One thing it does not do, they found, is kill off cells. In fact, studies involving rats found that halting alcohol intakeâ"even after chronic abuseâ"allows the brain to heal itself. Alcohol and Brain Damage While actual neural death might not be caused by alcohol, alcohol abuse can and does lead to brain damage. Long-term alcohol abuse can lead to a deficiency in an important B-vitamin called thiamine. This deficiency can cause Wernicke-Korsakoff syndrome, a serious neurological disorder linked to alcohol use that does result in the loss of neurons in the brain. The syndrome is characterized by memory problems, amnesia, and lack of muscle coordination. In this case, it is important to note that the loss of neurons is caused by the thiamine deficiency, not by the actual alcohol use. Obviously, this does not mean that people should ignore the potential dangers of alcohol. The National Institute on Alcohol Abuse and Alcoholism notes that a number of factors can influence exactly how alcohol impacts the brain, including how much and how often a person drinks, how long the individual has been drinking, prenatal exposure to alcohol, and the overall state of a persons health. Something else to consider: While alcohol might not actually kill brain cells, research does suggest that high levels of alcohol can interfere with neurogenesis or the formation of new brain cells. Until fairly recently, many experts believed that adults were not able to grow new neurons in the brain. That myth has since been dispelled, and brain experts now recognize that specific regions of the brain continue to form new cells even well into old age. Bottom Line Researchers believe that alcohol does not kill brain cells. It can, however, impair brain function and have other serious health consequences.
Posted by Elenor Gamboa at 4:00 PM
Wednesday, May 20, 2020
One of the questions most often asked to astronomers is: What are moon phases? Most people know that the Moon appears to change shape over time. Does it look round and full? Or more like a banana or a lopsided ball? Is it up in the daytime or the nighttime? Throughout each month, the Moon appears to change shape while it appears in the sky at different times, including in broad daylight! Anyone can observe these changes as they happen. The Moons ever-changing shapes are called lunar phases. Gradual Change Anyone Can Measure From the Back Yard A lunar phase is simply the shape of the sunlit part of the Moon, as seen from Earth.Ã Phases are so strikingly obvious that we almost take them for granted. Moreover, they can be observed easily throughout the month from the backyard or via a simple glance out the window. The Moons shape changes for the following reasons: The Moon orbits Earth.Both Earth and the Moon orbit the Sun.The Moons orbit is the same length as the time it spins on its axis (about 28 Earth days), which means that we see the same part of the lunar surface all month.The Sun illuminates both Earth and the Moon. Get to Know the Lunar Phases There are eight phases of the Moon to track each month. New Moon:Ã During New Moon, the side of the Moon facing us is not illuminated by the Sun. At this time, the Moon is not up at night, but it is up during the day. We just cant see it.Ã Solar eclipses can occur during the New Moon, depending on how the Sun, Earth, and Moon line up in their orbits. Waxing Crescent: As the Moon waxes (grows) into its crescent phase, it begins to show up low in the sky right after sunset. Look for a silvery-looking crescent. The side facing the sunset direction will be lit up. First Quarter:Ã Seven days after New Moon, the Moon is in first quarter. Only half of it is visible for the first half of the evening, and then it sets.Ã Waxing Gibbous:Ã After First Quarter, the Moon appears to grow into a gibbous shape. Most of it is visible, except for a dark sliver that shrinks over the next seven nights.Ã Look for the Moon at this time during the afternoon, too.Ã Full Moon:Ã During the Full Moon, the Sun lights up the entire surface of the Moon that faces Earth. It rises just as the Sun sets and disappears beneath the western horizon when the Sun rises the next morning. This is the brightest phase of the Moon and it washes out the nearby part of the sky, making it difficult to see stars and faint objects such as nebulae.Ã Ever hear of a Super Moon? Thats a Full Moon that happens when the Moon is closest in its orbit to Earth. The press likes to make a big deal about this, but its really a very natural thing: On occasion, the Moons orbit brings it closer to Earth. Not every month has a Super Moon. Despite the hype about Super Moons in the media, its difficult for the average observer to notice one, because the Moon might appear only slightly larger in the sky than normal. In fact, the well-known astronomer Neil deGrasse Tyson pointed out that the difference between a regular Full Moon and a Super Moon is analogous to the difference between a 16-inch pizza and a 16.1-inch pizza.Ã Lunar eclipses occur only at Full Moons because the Moon is passing directly between Earth and the Sun in its orbit. Due to other perturbations in its orbit, not every Full Moon results in an eclipse.Ã The other Full Moon variation that often grabs media attention isÃ a Blue Moon. Thats the name given to the second Full Moon that occurs in the same month. These dont happen all the time, and the Moon certainly doesnt appear blue. Full Moons also have colloquial names based on folklore. Its worth reading about some of these names; they tell fascinating stories about early cultures. Waning Gibbous: After the glorious appearance of Full Moon, the lunar shape starts to wane, meaning it gets smaller. Its visible later at night and into the early morning, and we see a steadily shrinking shape of the lunar surface thats being lit up. The side that is lit up is facing toward the Sun, in this case, the sunrise direction. During this phase, look for the Moon during the dayÃ¢â¬âit should be in the sky in the morning.Ã Last Quarter: At Last Quarter, we see exactly half the sunlit surface of the Moon. It can be seen in the early morning and daytime sky.Ã Waning Crescent:Ã The last phase of the Moon before returning to New Moon is called Waning Crescent, and it is exactly what it says: a steadily-shrinking crescent phase. We can see only a small sliver from Earth.Ã Its visible in the early morning, and by the end of the 28-day lunar cycle, it has vanished almost entirely. That brings us back toÃ New Moon to start the new cycle. Making Lunar Phases at Home Creating lunar phases is a great classroom or home science activity. First, set up a light in the middle of a darkened room. One person holds a white ball and stands a short distance from the light. He or she turns in a circle, just like the Moon does as it turns on its axis. The ball is illuminated by the light in ways that almost exactly match lunar phases.Ã Ã Observing the Moon over the course of a month is a great school project, as well as something anyone can do on their own or with family and friends. Check it out this month!
Posted by Elenor Gamboa at 5:12 AM
Wednesday, May 6, 2020
Robert S. McNamara served as the Secretary of Defense from 1961 to 1968 under Presidents Kennedy and Johnson. While historians place considerable focus on his role in the Vietnam War, McNamara also helped shape the U.S.Ã¢â¬â¢s greater Cold War strategy. A large component of this included the relatively new field of nuclear politics. He understood the significance of nuclear weapons as a strategic tool for bargaining. Through clear messaging, the weapons could create gains while never actually being fired. However, he also proposed that nuclear war could be limited, and not inevitably lead to global extinction. His contemporaries often dismissed this view, and indeed it remains controversial. After 1968, the former Secretary continued to advise nuclear policy through published papers, adding considerable fodder for our discussion of his positions on the topic. In Arms and Influence Thomas Schelling spends significant passages describing McNamaraÃ¢â¬â¢s concept of limited nuclear war. He quotes a speech from 1961 in which McNamara insists, Ã¢â¬Å"principle military objectivesÃ¢â¬ ¦should be the destruction of the enemyÃ¢â¬â¢s military forces, not of his civilian population.Ã¢â¬ With traditional weapons, the enemy army generally has to fight its way through the defending army before accessing civilians. Nuclear missiles eliminate this intermediate step, allowing a hostile body to quickly destroy a great amount of civilian life without engaging the other army. McNamara advocated a kind of limited war thatShow MoreRelatedThe Legacy of the Vietnam War2297 Words Ã |Ã 10 PagesThe Legacy of the Vietnam War The Legacy of the Vietnam War University of Phoenix The Legacy of the Vietnam War The Vietnam War (1965-1975) was fought between the North and South Vietnam. The North was called Democratic Republic of Vietnam and the South was the Republic of Vietnam which was supported by the United States. 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These years were characteristic of the cold war era where political and military tension was still at an all time high between the United States of America and its NATO allies and the eastern allies of the Soviet Union. Therefore when war broke out between North Vietnam and South Vietnam the United States with its very anticommunistRead MoreThe Legacy Of The Vietnam War967 Words Ã |Ã 4 Pagesyears afterwards. The Vietnam War had been going on for nine years up to this point, and the events that would occur during 1968 would help solidify anti-war sentiments. One of these events is the Tet Offensive, which occurred on January 30th, a campaign that targeted strategically important cites, all major US bases, and the Saigon embassy. While the losses were much heavier on the enemy side, the effects on the ARVN and the US army were more severe, with the realities of the war being exposed (RoarkRead MoreThe Legacy Of The Vietnam War1691 Words Ã |Ã 7 Pages1942, in the throes of World War II and the lingering aftershocks of the Great Depression, the movement of social and technological change that Brenhofer experienced was more than a quantitative list of advancements and historical events, but the melding of the two into a continual and formative span of life. The upheavals that Brenhofer would come face to face with in his time were indescribable, whether they be the lasting effects of the Vietnam War and every war that followed, or the events thatRead MoreThe Vietnam War : Nixon s Policy And Legacy Essay1540 Words Ã |Ã 7 PagesThe Vietnam War: NixonÃ¢â¬â¢s Policy and Legacy The true history of the Vietnam War does not appear to be widely know, and did not begin with the Eisenhower Administration, but in fact actually dates back to 1945 and the end of WWII. The issues first began when the Japanese recognized their lost efforts during WWII and surrendered. This is now as the First Indochina War, which took place between 1946 and continued until 1954. Their surrender left Vietnam vulnerable as they were now any formal nationalRead MoreThe Failure Of Guerilla Warfare Methods During The Vietnam War1369 Words Ã |Ã 6 PagesGuerilla Warfare Methods in the Vietnam War: An Analysis of the Causality of the Ã¢â¬Å"Counter InsurgencyÃ¢â¬ Governmental Policies and the Presidential Campaign of 1968 This colloquium will define the connection between various sources related to the Ã¢â¬Å"counter insurgencyÃ¢â¬ policies of the American government throughout the 1960s that caused a slow escalation of the Vietnam War in the fight against communist expansion in Southeast Asia. The Campaign of 1968 defines the legacy of president Kennedy Ã¢â¬Å"counter
Posted by Elenor Gamboa at 11:03 PM
Question: Discuss about the Financial Analysis for Joyce Corporation Ltd. Answer: Introducton: The main area of its business for Joyce Corporation is about Auctioneers and Valuers, home furnishings and kitchen ware. The company is listed at ASX having its head office at Perth, Western Australia. The companys 4 units are Lloyds-Auctioneers and Valuers, WallspanKitchens Wardrobes, Kitchen Connectionkitchen Wardrobes and Bedshedall about bedroom furnishings. It is listed in the Australian Securities Exchange or ASX. It also started property business but it makes divestment in this business. It started foam and furniture manufacturing business. The company was established in 1886 and is based in Osborne Park, Australia (Joycecorp, 2016). There are in total 44 store locations with 209 staff members and 4 business units. Company is I the business of Bedshed Franchising Company Stores (Bedshed). The Companys different portfolios include Stores owned by the company, retail kitchen stores operation and franchising. The stores owned by the company are mostly in absolute retail business in retail and kitchen sector or industry. KWB Group Pty Ltd (KWB) is in operation of customised designing of kitchens and wardrobes. The furniture retailing business stores is very specialist type of furniture type like bedding and bedroom products which are in good demand in South Australia, Queensland, and Victoria, Western Australia (Joycecorp, 2016). Profitability: The company is 130 years old and is having its headquarters at Perth, Western Australia. It mostly serves the Australian market. The business of the company has grown many folds in last two years. The sales have increased significantly in 2015 compared to 2014 figures. The company plans to consolidate all its warehouse locations to a centrally located area either in Perth or at a place where its location will help in logistics to become economical. Bedshed stores are all located in Western Australia, Queensland, and New South Wales. The leasing business of commercial property started with leasing at New South Wales. The company also started retailing in bed linens, kid beds, beds, mattresses, wardrobes and kitchens customized (Drake, Pamela Peterson, 2015). RATIO ANALYSIS 2015 2014 JC JC JC JC RETURN ON ASSETS 11.40% 4.29% PAT 5221 1570 ASSETS 45814 36618 RETURN ON EQUITY 19.74% 6.91% NET INCOME 5221 1570 EQUITY 26450 22730 GROSS PROFIT MARGIN 50% 7% GP 17259 854 SALES 34737 12657 NET PROFIT MARGIN 15% 12% PAT 5221 1570 SALES 34737 12657 The net profit from continuing operations for the year 2014 is $ 1,570,000 which is approximate about 1.5 times the profit of the year 2013 which was $ 668,000. While the profit for the year 2015 grew from $ 1,570,000 of the year 2014 to $ 5,221,000 which is approximately 3.325 times. This phenomenal jump is a very positive sign that the companys operations are moving in the right, targeted, desired growth path and this is evident from the jump of a profit from $ 668,000 for the years 2013 to $ 5,221,000 for the year 2015. That means a growth by almost eight times within a time period of 2 years. The bottom line has increase significantly compared to top line of the company. The bottom line has improved but significant improvement can be seen in the top line. The indication is proper growth in revenue and of the margin of the company (Edmister, 1972). Asset Efficiency: Total current assets have grown from $ 5,464 in the year 2014 to $ 32,866 in the year 2015 making the growth by 6 times. This means that the business is growing very fast and if the trend is kept ongoing then it will be a great competitor to face. RATIO ANALYSIS 2015 2014 JC JC JC JC DAYS INVENTORY TURNOVER 44.8262 180.943 AVERAGE INVENTORY X 365 783472.5 742410 COGS 17478 4103 ASSETS TURNOVER 0.8428 0.34188 TOTAL SALES 34737 12657 AVERAGE ASSETS 41216 37022 DAYS DEBTOR TURNOVER 5.21699 20.4604 AVERAGE DEBTORS X 365 181222.5 258967.5 SALES REVENUE 34737 12657 The turnover days of inventory has improved dramatically. In 2015 days inventory turnover is of 45 days improved from 181 days. This indicates the fact that rollover of inventory has improved. Higher rollover or the turnover is favourable to boost sales. The better sales figure reflects to the bottom line of the company. The asset turnover figure indicates the efficiency of the management to use the assets to the fullest to boost sales. The sales have improved dramatically in 2015 and the asset turnover has also improved to 0.84. This indicates better asset management. The improvement of the debtors turnover days indicate that the company is managing receivables properly and ensuring that the cash is collected from the receivable in proper time (Myaccountingcourse, 2016). Liquidity: The cash position for the years 2014 was $ 816 which grew to a very high level of $ 5,962 in the year 2015. That means the cash in hand have grown by almost 7.3 times within a years time. This shows that the operations are better than a year ago. The main area of concern here is that the expenses on the payments made to the employers and suppliers have also grown by 2.13 times from the year 2014 in the year 2015. If this can be controlled it would be better. RATIO ANALYSIS 2015 2014 JC JC JC JC CURRENT RATIO 2.45708732 1.37736325 CA 32866 5464 CL 13376 3967 QUICK RATIO 2.29373505 1.27249811 CA-INVENTORY 30681 5048 CL 13376 3967 Despite lower inventory and lesser collection days the current asset of the company increased in 2015 and the improvement is significant. The asset quality has also improved. The quality of current assets has improved compared to current liability. This indicates proper financial condition of the company (www.inc.com, 2016). Capital Structure: This consists of contributed equity, Reserves, Non-controlling interests, Retained earnings/ (Accumulated losses). The amount for Capital structure of Equity for the year 2014 was $ 22,730 which grew to $ 26,450 in the year 2015. That means a very nominal growth by 1.16 times but this increase is quite substantial as the amount included retained earnings for $ 5,314 for the year 2015 which grew from $ (-482) in the year 2014, that means a growth by 11 times in the year 2015 from 2014. RATIO ANALYSIS 2015 2014 JC JC JC JC DEBT EQUITY 0.7321 0.611 TOTAL LIABILITY 19364 13888 TOTAL EQUITY 26450 22730 GEARING RATIO 0.4227 0.379 TOTAL LIABILITY 19364 13888 TOTAL ASSETS 45814 36618 EQUITY RATIO 0.5773 0.621 TOTAL EQUITY 26450 22730 TOTAL ASSET 45814 36618 The liability has increased compared to equity on the other hand the liability has also increased compared to assets. This indicates that the company has leveraged it position to invest in assets. The assets added in 2015 are funded out of debt not out of the equity. The acceptable level of leverage is better for every company (www.investopedia.com, 2016). Interest serving ratio: RATIO ANALYSIS 2015 2014 JC JC JC JC INTEREST COVERAGE 4.4656 2.809 EBIT 1170 958 INTEREST 262 341 The increase in bottom line and the EBIT figure is indicating better interest coverage position for the company in 2015. The net profit is at the comfortable level despite increased leverage position of the company in 2015. Cash Flow: Three main sections of companys net cash flow areas Receipts from customers. Cash acquired from business combination, net of considered cash. Proceeds from sale of assets. Section showing strongest net cash flow Receipts from customers. The reason for its strong net cash flow from investing activitiesdue to two factors the cash flow from this sector is strong because of sale proceeds from asset sales and from business combination cash gain after netting off consideration. Despite payment of the borrowed amount in 2015, the company has managed to hold on to $5962000 in 2015. This indicates better financial condition and the cash position of the company (www.inc.com, 2016). Market Performance: The company is in competition with a few companys who are in the similar business in the Australian region. The main competitors are Adairs Limited: this company is one of the main competitors of Joyce Corporation Ltd. It has five types of store formats like Adairs, Adairs Homemaker, Adairs Outlets, Urban Home Republic (UHR) and Adiars. This company is in retail business of home furnishings and home wares. Kingform Health Home textile Group Limited: this is a holding company dealing with home textiles like quilt, memory pillow, microfiber quilt bedding sets, fabric microfiber filling polyester cotton, embroidery pillow, silk jacquard bedding sets. RATIO ANALYSIS 2015 2014 JC JC JC JC P/E RATIO 9.5062 0.895 MARKET PRICE 1.54 0.51 EPS 0.162 0.57 Companys share prices as on 30th June, 2015$ 1.08 per share. Companys share prices is as on 30th June, 2014--$ 0.51 per share. The share price has jumped by almost 2.11 times per share within a span of 1 year from $ 0.51 in 2014 to $ 1.08 in 2015. Due to better financial performance the market price has doubled with in the span of one year. The P/E has also improved along with better performance of the company (Google, 2016). References: Drake, Pamela Peterson, 2015. Financial ratio Analysis. [Online] Available at: https://educ.jmu.edu/~drakepp/principles/module2/fin_rat.pdf [Accessed 19 September 2016]. Edmister, R.O., 1972. An Empirical Test of Financial Ratio Analysis for Small Business Failure Prediction. [Online] Available at: https://journals.cambridge.org/action/displayAbstract?fromPage=onlineaid=6318448fileId=S0022109000017567 [Accessed 13 September 2016]. Google, 2016. Joyce Corporation Ltd. [Online] www.google.com Available at: https://www.google.com/finance?cid=680892 [Accessed 19 September 2016]. Joycecorp, 2016. ABOUT. [Online] joycecorp.com.au Available at: https://joycecorp.com.au/ [Accessed 18 September 2016]. Joycecorp, 2016. Corporate History. [Online] joycecorp.com.au Available at: https://joycecorp.com.au/index.php/corporate-history/ [Accessed 16 September 2016]. Myaccountingcourse, 2016. Financial Ratio Analysis. [Online] Available at: https://www.myaccountingcourse.com/financial-ratios/ [Accessed 19 September 2016]. Nigudkar, A., 2016. How to Analyze Financial Health of a Company in 6 Easy Steps. [Online] www.financewalk.com Available at: https://www.financewalk.com/financial-health-company-analysis/ [Accessed 13 September 2016]. www.inc.com, 2016. Cash Management. [Online] Available at: https://www.inc.com/guides/finance/cashmanagement.html [Accessed 18 June 2016]. www.investopedia.com, 2016. Ratio Analysis. [Online] Available at: https://www.investopedia.com/terms/r/ratioanalysis.asp [Accessed 15 Augustus 2016].
Posted by Elenor Gamboa at 7:26 AM
Thursday, April 23, 2020
Introduction This paper discusses some issues related to the Greber case. Greber was a physician and was the owner of Cardio-Med, Inc. The company assisted physicians by making available certain medical equipments to record the cardiac details of patients.Advertising We will write a custom case study sample on Moving Beyond Simple Conflict of Interest specifically for you for only $16.05 $11/page Learn More The physicians were paid a certain amount for every patient that they referred. The case deals with out of the way payments made to physicians in order to get more referrals from them. Such payments were more than the actual worth of the jobs done. The case came to light and a case was lodged. How do criminal and civil law differ? Answer: The differences between criminal law and civil law pertain to the nature of crime, the person filing the lawsuit, the punishments awarded, and substantiating evidence. With regard to the nature of crime, criminal law relates to illegal conduct, whereas civil law relates to disagreements between two parties and where the complainants havenÃ¢â¬â¢t broken any law. With regard to the person filing the lawsuit, Ã¢â¬Å"In criminal cases, the government always files the litigation or lawsuit. In civil law, the plaintiff files the lawsuit and usually is a private party such as a person or corporationÃ¢â¬ (Main, 2012). With regard to the punishment awarded, in a criminal offence the punishment awarded may range from imposing fines, imprisonment, or capital punishment (depending on the severity of the crime). In civil offences, the loser is required to compensate the monetary or other losses of the winning party. With regard to the substantiating of evidence, in criminal offences, the prosecutor (most of the time) is responsible for providing the required evidence, whereas in civil cases, mostly the plaintiff has to provide evidence. However, in both cases sometimes the other party also may have to provide evidence. In what way did this differ from joint venturing? Answer: In joint venturing the parties involved have control over the business to the extent of their share. Moreover, the agreement is a legal binding for the parties involved. But in this case, there was no binding for either Medicare or the physicians. Medicare paid to the physicians as per the referrals received. The physicians had a free will to refer patients to other medical facilities from where they could get better deals. Also, there was no legal contract between the two parties. Ã¢â¬Å"The execution of a letter of intent (sometimes styled as a memorandum of understanding, term sheet, protocol, summary of terms, or other titles) is the first major undertaking of negotiating a successful joint ventureÃ¢â¬ (Smith Southwell, 2012). In this case, there was no such understanding. Hence this case is different from joint venturing.Advertising Looking for case study on criminal law? Let's see if we can he lp you! Get your first paper with 15% OFF Learn More Do you feel that any of the physicians involved dishonored their fiduciary relationship with their patients? If so how? Answer: Yes, I do believe that the physicians dishonored their fiduciary relationship with their patients. Fiduciary relationship relates to the trust that the patients have over their physicians; trust that makes the patients believe that they will not be cheated. But in this case, in order to earn money, the physicians referred them to such clinics that charged hefty amounts (including their commission). Pamela Bucy (2010) claims that Ã¢â¬Å"Cardio-MedÃ¢â¬â¢s payment amount exceeded that which Medicare would have paid the physicians for those servicesÃ¢â¬ (p. 40). Medicare paid the excess amount in order to bribe the physicians to send more referrals. So indirectly the patients became a part of this payment scam where payments were made more than what was actually required. This was a financial lo ss and it was definitely a breach of trust. Summarize and give your analysis of the verdict of the case employing your own opinion. Do you agree with the verdict? Why or why not? Answer: According to the court ruling, it was ruled that Medicare made the payments to the physicians in order to induce more referrals. The court also ruled that Ã¢â¬Å"If one purpose of the payment was to induce future referrals, the Medicare statute has been violatedÃ¢â¬ (Bucy, 2010). Stephen Pierce claims that Ã¢â¬Å"The Medicare and Medicaid health care programs were created in the mid-1960s in an attempt to ensure that all Americans would receive high quality health care despite their inability to payÃ¢â¬ (Pierce, 1986). But what happened in this case was totally in contrast to what was intended. So, yes, I agree with the verdict of the court. Conclusion: As per the ruling of the court, the payments made to the physicians were done in order to attract more clients to the medical facility. Moreov er, the payments received from Medicare were diverted to the physicians; this was totally against the norms. The court ruled against Greber; Greber was found guilty. I am in favor of the judgment because it is not correct for someone to use, for profit, funds that are meant for other purposes. This case is an example of pure bribing in order to gain profits. References Bucy, P. (2010). Health care fraud: Enforcement and compliance. New York: Law Journal Press.Advertising We will write a custom case study sample on Moving Beyond Simple Conflict of Interest specifically for you for only $16.05 $11/page Learn More Main, K. (2012). What is the difference between criminal law and civil law? Web. Pierce, S. (1986). Comment: United States v. Greber and its effect on the Medicare and Medicaid programs. Web. Smith, B., Southwell, T. (2012). Joint Ventures: A Primer. Web. This case study on Moving Beyond Simple Conflict of Interest was written and submitted by user Giovani I. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
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