You are a judge. The defendant stands before you charged with murder. The Crown has agreed that she can be tried by a judge alone, without a jury. The following factual scenario summarizes the evidence that has emerged over the course of the trial. It is now time for you to render a verdict and give your reasons.
Review the factual scenario carefully, and then write a judgment explaining whether the defendant should be convicted of the offence with which she is charged, or of a lesser offence, or should be acquitted.
You should begin with a brief summary of the relevant facts. If facts are unclear or open to competing interpretations, consider all possibilities and state any conclusions you are reaching and why.
You should also be sure to discuss all relevant points of law, including the Charter, case law and Criminal Code provisions outlining the elements of the offences in question, and apply them to the facts of this case. If the state of the law is unclear or undecided, or if there are important dissenting opinions, discuss. Be sure to address both the Crown and defence positions and identify and assess their relative strengths and weaknesses.
Your assignment can be a maximum of 12 pages in length and must adhere to the following format:
- Double spaced, 12-point font with 1 inch (2.54 cm) margins on all sides
- Accompanied by a cover page that includes the date of submission, your name and student number (not included in the 12 page maximum)
Use headings (just as in the judgments you’ve read) to assist in organizing your analysis.
Hyun-mi and Maja are both brilliant and innovative pharmaceutical engineers. They have been fierce rivals since they met 20 years ago as undergraduate students in the biomedical engineering program at U of T and competed with one another for the top spot in their anatomy class. They both went on to medical school and then earned their PhDs, Hyun-mi at Stanford and Maja at MIT.
They are now employed by rival pharmaceutical companies. Hyun-mi works for Xetopa Medical, while Maja works for Genam Biotechnology. Both Hyun-mi and Maja and their respective companies have been hard at work developing a new “tumour agnostic” cancer drug – a drug that could be used to treat any kind of cancer, regardless of where it is in the body, so long as the tumor has the specific molecular alteration that the drug targets. If these efforts are successful they would revolutionize cancer treatment – and be worth billions of dollars to the company that develops and patents the drug first.
Both Hyun-mi and Maja have entered the clinical trial phase and are close to perfecting their drugs. Unfortunately for Maja, although the drug she has developed is highly effective it also causes serious side-effects. Health Canada has been threatening to shut down her trial. Desperate to continue her work and beat Hyun-mi, Maja offers Roy, a member of Hyun-mi’s team, $100,000 if he will smuggle out a sample of their drug. Maja is confident that even with a very small sample she will be able to reverse engineer her competitor’s version and correct the errors in her own.
After several days, Roy reports to Maja that it is simply impossible for him to smuggle a sample of the drug out of the lab. There are always at least two team members present throughout the work day, and with the intense pressure to perfect and patent the drug, Hyun-mi has taken to sleeping on a cot in the lab so she can monitor things overnight. Hyun-mi only goes home on Sunday afternoons, when the maintenance crew comes to clean the lab. Maja thanks Roy for the information and begins to formulate an alternative plan. She offers him $20,000 to loan her his pass card over the weekend, which will give her access to the building, and an extra $5000 to tell her the code to unlock the lab. Roy accepts the offer, but reminds Maja that Hyun-mi is there basically all the time. Maja tells him not to worry about Hyun-mi because she’ll take care of her.
On Friday night Maja gets Roy’s pass card and drives to Xetopa Medical. She carefully parks several blocks away and makes her way to the building on foot. Just before she gets in range of the security cameras she pulls on a chemical protective hood and visor she brought with her from her lab. She’s carefully blacked out most of the visor so only her eyes show. Maja pulls out the heavy flashlight she’s brought with her and makes her way up to the lab. She punches in the code Roy gave her, and opening the door a crack, peers inside. Hyun-mi is there, with her back to the door, staring intently into a microscope. She’s wearing head phones and doesn’t look up as Maja opens the door further and steps into the lab.
Maja creeps up behind Hyun-mi and hits her over the head with the flashlight. Hyun-mi falls to the ground unconscious. Maja rolls over an office chair, maneuvers Hyun-mi into it, and ties her hands behind the chair back and her feet to the base. Maja then makes her way to the refrigerator where the drug is stored and takes several vials. She returns to check on Hyun-mi, who is still unconscious. She rolls the chair over to a table and places a two-litre bottle of water in front of it. She opens the bottle, puts a straw in it, and crouching next to Hyun-mi confirms that it’s possible to reach the straw from Hyun-mi’s position. Satisfied that Hyun-mi will have access to water even if she’s not untied until the maintenance team arrives on Sunday morning, Maja leaves.
Maja drops the pass card in Roy’s mailbox, and then drives straight to her lab where she spends the rest of the weekend working on reverse engineering the samples she took. She barely pauses to eat or sleep until late Sunday night when she falls asleep at her desk. She’s awoken early Monday morning by the sound of her phone ringing repeatedly. When she answers it’s Roy, and he’s hysterical. It takes a while for her to understand what he’s saying but eventually she grasps that the maintenance crew found Hyun-mi unconscious on Sunday afternoon. She had clearly regained consciousness at some point: the water had been drunk and there were signs that she had tried to free her hands, but she was still tied to the chair when she was found. She was rushed to hospital, where a CT angiogram revealed that she had suffered a massive pulmonary embolism. She was taken to surgery immediately but the damage to her heart and lungs was too extensive and she died.
Maja says, “But I left her water and she was only alone for 36 hours! I don’t understand how this could have happened!” Roy replies, “They ran some blood tests and she had Factor V Leiden.” With her background and training, Maja immediately understands that this means that Hyun-mi would be prone to hypercoagulation and thus at greater risk both for blood clots forming in her legs, and for any clots that did form travelling to her lungs.
Maja begs Roy not to say anything but Roy is overcome with guilt for assisting her and confesses everything to the police. Maja is charged with murder under s 229(c) of the Criminal Code in relation to the death of Hyun-mi.
At trial, the pathologist who conducted the postmortem examination confirms that the cause of death was a blood clot that formed in Hyun-mi’s leg and travelled to her lung. The pathologist also testifies that while the risk is increased exponentially for individuals with Factor V Leiden, prolonged immobility – defined as sitting for more than four hours at a time – increases the risk of blood clots forming in anyone’s legs. Finally, the pathologist states that anyone with medical training would know of the general risk of blood clots resulting from prolonged immobility, and the resulting risk of pulmonary embolism.
Relevant Charter Provisions
7 Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
11 Any person charged with an offence has the right…
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal
Relevant Criminal Code Provisions
2 “Steal” means to commit theft
222 (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.
(2) Homicide is culpable or not culpable.
(3) Homicide that is not culpable is not an offence.
(4) Culpable homicide is murder or manslaughter or infanticide.
(5) A person commits culpable homicide when he causes the death of a human being,
- by means of an unlawful act;
- by criminal negligence;
- by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or
- by wilfully frightening that human being, in the case of a child or sick person.
229 Culpable homicide is murder
- where the person who causes the death of a human being
- means to cause his death, or
- means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
- where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or
- where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.
231 (1) Murder is first degree murder or second degree murder.
(2) Murder is first degree murder when it is planned and deliberate.
(7) All murder that is not first degree murder is second degree murder.
322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
- to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it; …
343 Every one commits robbery who
- steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;
- steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
- assaults any person with intent to steal from him; or
- steals from any person while armed with an offensive weapon or imitation thereof.
Post-Op Pneumonia Project
Pneumonia in the post-operative setting is a challenging condition which can cause serious health complications for patients who are already recovering from a surgical procedure and can delay this process in a variety of ways. Patients face a greater risk of the disease in this setting due to their lower immunity and a limited ability to fight different types of infection during hospitalization. Advanced practice nurses who work with these patients often experience difficult challenges which can impact the course of their patient’s recovery. It is important to develop and implement targeted interventions in the immediate post-operative phase to reduce the risk of developing pneumonia. This study explores this phenomenon to determine if targeted interventions have the desired impact on patients and can lead to improved outcomes and recovery rates using the Roy Adaptation Model of nursing practice to evaluate nurse-led interventions in the post-operative setting.
Overview of Post-Op Pneumonia
Post-operative pneumonia is defined as an infection that develops within the tissue of the lungs during hospitalization after patients have undergone a surgical procedure, and its most common symptoms include shortness of breath, cough, fever, and chest pain (Arozullah, Khuri, Henderson, & Daley, 2001). Pneumonia, along with infections of the urinary tract and in open wounds, are the most common types of infections that occur in the post-operative setting and cause serious complications for patients, along with an increased risk of higher mortality rates (Arozullah et al., 2001). However, the risk of post-operative pneumonia must be better understood and provide additional information regarding individual patient risk because the severity of the disease can contribute to a higher risk of mortality among patients (Arozullah et al., 2001). Prevention of pneumonia in the immediate post op phase is of critical importance and requires an examination of key interventions which can have a positive and lasting impact on patients, using the knowledge, experience, and resources of advanced practice nurses to accomplish these objectives. However, these interventions can pose challenges for nurses and require a targeted approach to ensure that they are successful in preventing the risk of infection among patients and will have the desired impact in reducing the risk of mortality and in improving recovery rates.
In the surgical unit, there is an elevated rate of pneumonia cases in the post-operative setting, due to the risk factors and compromised immunity of patients within this environment. This phenomenon can negatively impact recovery rates and quality of life in patients and contribute to increased costs of keeping patients hospitalized for longer periods. The development of targeted interventions may provide a potential strategy for nurses who work with these patients, but the effectiveness of these interventions is not well known.
The primary objective of this research study is to examine the clinical efficacy of targeted interventions for post-op patients to prevent the risk of pneumonia in these settings. These interventions require expert knowledge and resources utilized by advanced practice nurses to facilitate patient recovery and reduce the risks of developing pneumonia in post-op patients. This quantitative research study will evaluate if targeted interventions in the post-op setting have the desired effect on patients in comparison to delayed interventions in the prevention of pneumonia. The proposed hypothesis for this quantitative research study is the following: What is the impact of a targeted intervention that includes ambulation, eating out of bed, and an incentive spirometer in the immediate post-op phase to prevent pneumonia? It is anticipated that the development of a successful intervention to prevent post-operative pneumonia requires the expert knowledge of nurses and an understanding of the key factors that will have lasting impact on the organization and on patients who face significant risk due to complications from surgery and the risk of infection. However, the chosen intervention method should encompass a variety of different perspectives based upon available evidence and provide nurses with feedback and data regarding the effectiveness of the protocol and if fewer cases of post-operative pneumonia are observed.
Health Phenomenon and Nursing Conceptual Model
The risk of post-op pneumonia is significant for patients in these settings; therefore, a multidisciplinary team-based approach is necessary to ensure that patient care is not compromised and quality of care improves with an effective cultural framework in place (Khan et al., 2016). A key component of this practice is the delivery of targeted interventions by nurses who have the knowledge, experience, and resources to minimize pneumonia risk among post-op patients and can ensure that prevention strategies are optimized in this setting to improve patient outcomes and promote greater cost efficiency (Khan et al., 2016). A structured program within the nursing practice is likely to have a positive impact on patients and provide resources that will reduce infection risk and utilize evidence-based practice tools to improve quality of life and reduce mortality rates (Talley, Lamb, Hart, Lorenz, & Green, 2016). With an increased risk of hospital-acquired pneumonia among post-op patients, preventive strategies must begin with a nursing-based framework that will have the desired impact on patients and provide sufficient resources to conduct a successful intervention (Kollef, 2007). A key factor of the intervention is understanding pneumonia risk among post-op patients and how to best accommodate their needs with a strategy that will utilize prior evidence to support an intervention to prevent additional cases of pneumonia and related complications among this patient population (Park, Kang, Moon, Yang, Kim, & Byun, 2017).
Preventing pneumonia among post-op patients requires a theoretical framework which supports nursing-based interventions that will have the desired impact and will improve recovery rates. Specifically, the Roy Adaptation Model is applicable to this scenario because patients must learn to adapt to their surroundings with the support and guidance of nurses in their presence; therefore, nurse-led interventions can be useful in addressing these needs in an effective manner by offering tools to overcome illness and promote recovery at a high level (Phillips & Harris, 2014). When stimuli from the surrounding environment affect patients, nurses have the responsibility to investigate these issues and to establish procedures to guide patients to prevent pneumonia (Phillips & Harris, 2014). Roy’s Adaptation Model supports patients’ capacity to adapt to their surroundings, and their ability is either compromised, compensatory, or integrated, depending on the environment (Phillips & Harris, 2014). When environmental stimuli are present, patients respond via coping mechanisms which are designated as regulator (internal system functions) versus cognator (cognitive-emotive) responses (Phillips & Harris, 2014).
From an advanced practice nursing perspective, the Roy Adaptation Model serves as a “goal-oriented, problem-solving approach to guide the provision of comprehensive, competent nursing care to a person or groups of persons” (Phillips & Harris, 2014, p. 266). Therefore, several steps must be considered as critical to this process and include the following: an assessment of the behavior in question; an evaluation of the stimuli which have led to the behavior; the development of a definitive nursing diagnosis for a patient; the development of goal-setting activities to achieve the desired results; conducting the intervention with the chosen strategy in place; and evaluating the success or failure of the strategy based upon the outcomes that are generated (Phillips & Harris, 2014). These conditions are important in determining how patients can be impacted by a targeted intervention to prevent post-operative pneumonia when nurses develop the intervention using this model and determining if it is effective in preventing this risk for patients in this setting (Phillips & Harris, 2014). It is believed that “nursing theory directs the practitioner toward important aspects of assessing, planning, goal setting, implementation, and evaluation” (Phillips & Harris, 2014, p. 266). This process is essential to the success of a targeted intervention for post-operative pneumonia and in determining if this intervention will have the desired impact on patients who are recovering from surgery (Phillips & Harris, 2014). Roy’s Adaptation Model also utilizes inherent nursing-based knowledge and resources to implement the proposed intervention and to ensure that the organization is prepared to accommodate patient care needs effectively (Philips & Harris, 2014). This Model is an important step towards understanding the key risk factors related to post-operative pneumonia risk and how patients are perceived in this setting (Phillips & Harris, 2014).
Review of Literature
Post-operative pneumonia is a serious health issue which can increase mortality rates among patients and may be identified in one of two forms: ventilator-associated pneumonia within 48-72 hours after intubation has occurred; and hospital-acquired pneumonia, which occurs within 48-72 hours after a patient has been admitted to the hospital (Chughtai et al., 2017). This condition typically requires an extended length of stay for many patients and can cost an additional $40,000 for treatment, and there are increased measures to minimize the risk of infection due to penalties associated with reduced reimbursement by Medicare when hospital readmissions occur due to pneumonia (Chughtai et al., 2017). Based upon these concepts, it is important for advanced practice nurses to develop targeted interventions to reduce the risk of infection and to improve patients’ quality of life in the process (Chughtai et al., 2017). One of the issues to consider is the following: “there may be differences between hospitals in pneumonia prevention protocols, such as frequency of incentive spirometry use, or variance in utilization of methods such as oral cleansing and suctioning (pre-operatively vs. postoperatively vs. both pre- and postoperatively)” (Chughtai et al., 2017). From this perspective, advanced practice nurses may not always agree on the appropriate intervention strategy to implement and may find it difficult to achieve consistent success with an intervention when patients still contract the infection after surgery (Chughtai et al., 2017). Therefore, identification of the appropriate intervention must serve as the first step in understanding the key risk factors that affect patients and in advancing the intervention to the next level once it has been tested on patients and is deemed successful (Chughtai et al., 2017).
A study by Kazaure, Martin, & Yoon (2014) addressed the significance of a prevention program for post-operative pneumonia in the surgical ward which encompassed the following components: education for all nurses on staff in the surgical unit; the use of an incentive spirometer to promote coughing as well as deep breathing; the use of chlorhexidine on a twice-daily basis for hygienic purposes; improved ambulation by patients post-surgery and maintaining strong control over pain episodes; sitting up to eat all meals and elevating the head at an angle of 30 degrees or more; discussing the outcomes of the program among nursing staff on a quarterly basis; recording the pneumonia bundle as part of the patient health record; and the use of an “automated computerized physician pneumonia prevention order” in the electronic ordering system. This was conducted as a quality improvement study to determine the effectiveness of the pneumonia bundle in the post-operative setting and if this process has the desired impact on patients, including any diagnoses of pneumonia that occur while this bundle was implemented (Kazaure et al., 2014). Based upon the results of this study over a five-year period, it was determined that the study was largely effective in dramatically reducing the post-operative pneumonia rate among patients and contributing to cost savings for hospitals and insurers (Kazaure et al., 2014). These characteristics demonstrate that a similar bundle implementation in another environment could have a comparable impact and reduce the risk of infections in patients in the post-operative setting (Kazaure et al., 2014).
It is known that ambulation is a critical component in the prevention of post-operative pneumonia because this process can be effective on day zero after surgery or within the first 12 hours (Currier, TeKolste, & Wheatley, 2018). It is proposed that “improved nursing staff education may be necessary to encourage adherence to ambulation protocols and policy change. Early ambulation has the potential to positively impact the patient’s physical, psychological, and social outcomes” (Currier et al., 2018, p. 5). Under these conditions, advanced practice nurses have a responsibility to make ambulation a routine practice method during the first 12 hours after surgery to ensure that patients receive the best possible options to prevent post-operative pneumonia and to improve quality of life in these patients (Currier et al., 2018). As part of a larger framework, ambulation should serve as a key factor in advancing the objectives of an intervention to prevent the disease and to facilitate the development of a protocol that will target post-operative patients to prevent further complications (Currier et al., 2018). Furthermore, assessing the protocol requires an examination of the type of surgery that was required and any other complications that have emerged which can lead to problematic circumstances for patients (Currier et al., 2018).
Boev & Xia (2015) recognized the importance of collaborative efforts between nurses and physicians to facilitate positive treatment and recovery outcomes for post-operative patients. In this context, the organization must focus on the development of different programs as created by advanced practice nurses and physicians to solve important problems such as the risk of post-operative pneumonia (Boev & Xia, 2015). Nurses are likely to experience greater satisfaction in their roles if they develop and implement procedures or protocols which are successful in the clinical setting and which translate into positive outcomes for patients (Boev & Xia, 2015). However, when nurses lack cohesion in their ideas and collaborations with physicians or do not communicate their ideas or expectations, these can cause serious complications for patients because protocols to reduce infection risk may be delayed, poorly executed, or unsuccessful within the patient care environment (Boev & Xia, 2015). Once the problem is identified, a collaborative solution is necessary to ensure that all parties contribute to solving the problem and implementing a successful strategy going forward (Boev & Xia, 2015). This exercise offers an important opportunity for an organization to consider the options that are available and to identify an effective means of disease prevention which includes the bundling of services and treatments for patients (Boev & Xia, 2015). However, perhaps the most important approach to solving the problem should be conducted by advanced practice nurses in collaboration because they are generally on the same page with the process; in addition, when physicians become involved for different reasons in an effort to solve the problem, this is not always successful and may contribute to poor patient outcomes (Boev & Xia, 2015). It is known that “Nurses, as the recipient of the orders, may find true collaboration difficult because of the inherent barriers related to the hierarchy within hospitals” (Boev & Xia, 2015, p. 71). These circumstances reflect the importance of accomplishing cohesive intervention strategies which limit communication barriers and provide the best possible resources to prevent disease (Boev & Xia, 2015).
Plan for Assessment of the Problem
Implementing an intervention to prevent post-operative pneumonia requires an examination of key factors which may be useful in addressing this issue and in providing sufficient options for patients to prevent the disease and to promote recovery. Therefore, quality improvement programs in this area must include collaborative efforts between Advanced Practice Nurses and physicians to ensure that all possible options are explored to improve quality of care and patient treatment strategies (Moore, Conway, Thomas, Cummings, & Atkinson, 2017). There is a risk of complications up to 40 percent in patients who have had surgery; therefore, it is necessary to identify specific prevention mechanisms that will target prevention and limit complications (Moore et al., 2017). In examining the problem and the interventions that appropriate, advanced practice nurses must demonstrate their understanding of the condition and how they can be effective in improving recovery rates for patients while using specific intervention bundles (Moore et al., 2017). Assessing the problem supports a greater understanding of the impact of the intervention and how it can contribute to effective outcomes for patients and allow advanced practice nurses to utilize their skills and experience for the greater good of their patients who are at risk of the disease after surgery (Moore et al., 2017).
Clinical Implementation and Assessment Methods
Implementing a nursing-based protocol to prevent post-operative pneumonia requires the integration of vital signs, including measurement and documentation of incentive spirometry and progress as well as monitoring lab values and adequate pain assessment including a function assessment of pain and adequate pain management. The current nursing practice data will be collected and then compared to the immediate post -op targeted interventions to be implemented. With the protocol in place, the clinical needs of each patient must be considered and the practice should stimulate rather than deter recovery. Furthermore, this process requires nurses’ continuous feedback to improve the protocol and to make any changes that will positively impact patients. At the same time, implementing a protocol in the surgical environment requires a pilot period whereby each step of the protocol is implemented and feedback is provided to determine if the process is effective in preventing post-operative pneumonia in a larger group of patients.
The development of an assessment tool is required to ensure that advanced practice nurses can evaluate the intervention tool and determine if is effective in reducing pneumonia risk. This requires the collection of patient data to identify the number of cases of pneumonia that occurred prior to the implementation of the protocol and after the protocol has been used. A comparison of this data is necessary to determine if the protocol is successful and if it accomplishes the necessary goals and objectives in preventing post-operative pneumonia. As part of their training and in gaining new experience, the implementation tool must be evaluated and any changes must be made which indicate that part of the protocol has not been successful. Nurses will acquire additional knowledge and a critical understanding of the impact of pneumonia on surgical patients. The assessment tool must demonstrate that the organization has the appropriate tools in place to prevent pneumonia and to encourage employees to adhere to all steps of the protocol in a timely manner. This process is important because patients rely on care and treatment mechanisms which will aid in the prevention of disease and reduce the number of hospital readmissions in the future.
Post-operative pneumonia is a very serious health condition which is acquired during hospitalization and after surgery, requiring an extended length of stay and additional costs for treatment. Advanced practice nurses must develop opportunities to conduct interventions among this population group to prevent the risk of developing post-operative pneumonia in patients and provide them with the best possible resources to maximize their survival, reduce mortality rates, and improve recovery times. It is important for Advanced Practice Nurses to conduct interventions which involve the use of ambulation, eating out of bed, and an incentive spirometer to prevent post-operative pneumonia in the immediate post-op phase. This implementation should be based upon the characteristics of the Roy Adaptation Model to ensure that patients receive the targeted intervention as instructed and are evaluated in accordance with the intervention to determine its overall effectiveness. This process is critical in determining how to implement this type of intervention on a widespread basis and to facilitate outcomes that will be favorable for patients and which will prevent post-operative pneumonia and related complications.
Arozullah, A. M., Khuri, S. F., Henderson, W. G., & Daley, J. (2001). Development and
validation of a multifactorial risk index for predicting postoperative pneumonia after major noncardiac surgery. Annals of internal medicine, 135(10), 847-857.
Boev, C., & Xia, Y. (2015). Nurse-physician collaboration and hospital-acquired infections in
critical care. Critical Care Nurse, 35(2), 66-72.
Chughtai, M., Gwam, C. U., Mohamed, N., Khlopas, A., Newman, J. M., Khan, R., … & Mont,
- A. (2017). The epidemiology and risk factors for postoperative pneumonia. Journal of clinical medicine research, 9(6), 466.
Currier, D. (2018). WHY DAY ZERO MATTERS IN EARLY AMBULATION FOR
POSTOPERATIVE (Doctoral dissertation, Nebraska Methodist College).
Kazaure, H. S., Martin, M., Yoon, J. K., & Wren, S. M. (2014). Long-term results of a
postoperative pneumonia prevention program for the inpatient surgical ward. JAMA surgery, 149(9), 914-918.
Khan, R., Al-Dorzi, H. M., Al-Attas, K., Ahmed, F. W., Marini, A. M., Mundekkadan, S., … &
Tamim, H. M. (2016). The impact of implementing multifaceted interventions on the prevention of ventilator-associated pneumonia. American journal of infection control, 44(3), 320-326.
Kollef, M. H. (2007). Prevention of postoperative pneumonia. Hospital Physician, 64, 47-60.
Park, H. O., Kang, D. H., Moon, S. H., Yang, J. H., Kim, S. H., & Byun, J. H. (2017). Risk
factors for pneumonia in ventilated trauma patients with multiple rib fractures. The Korean journal of thoracic and cardiovascular surgery, 50(5), 346.
Moore, J. A., Conway, D. H., Thomas, N., Cummings, D., & Atkinson, D. (2017). Impact of a
peri‐operative quality improvement programme on postoperative pulmonary complications. Anaesthesia, 72(3), 317-327.
Phillips, K. D., & Harris, R. (2014). Roy’s adaptation model in nursing practice. MR Alligood
(Ed) Nursing Theory Utilization and Application, 263-284
Quinn, B., Baker, D. L., Cohen, S., Stewart, J. L., Lima, C. A., & Parise, C. (2014). Basic
nursing care to prevent nonventilator hospital‐acquired pneumonia. Journal of Nursing Scholarship, 46(1), 11-19.
Talley, L., Lamb, J., Harl, J., Lorenz, H., & Green, L. (2016). Hap prevention for nonventilated
adults in acute care: Can a structured oral care program reduce infection incidence? Nursing Management, 47(12), 42-48
Middlesex by Jeffrey Eugenides
The novel Middlesex by Jeffrey Eugenides appears to be one of the most interesting works that gets numerous awards recently. The key issue that makes this story a compelling work is the way used by the author when he depicts the protagonist’s life. Despite the horrible gender situation happened to Cal Stephanides or Calliope, his narration is full of humor, and that makes it especially vivid, thoughtful, and moving. A special humoristic attitude to the problems makes the narrator strong so that he can overcome a terrible distress and finally come to terms with his gender identity.
The novel presents a life path of Cal Stephanides who was born as a male intersex which means that he is a man with a feminine appearance (Ehlen 4). The narrator describes his unique gender identity as being born twice: “first, as a baby girl” and “then again, as a teenage boy” (Eugenides 3). Cal or Calliope treats himself with sarcastic humor making the emphasis that his photo was published in the magazine Genetics and Heredity and The Journal of Pediatric Endocrinology. The sarcastic attitude to his gender makes the narrator less vulnerable. Also, the readers can see the author as a person who has come to terms with the fact that he is different to other people.
The stylistic approach to the story works as the key issue that discloses intersexuality and its place in modern society. Cal’s life demonstrates that human society is full of stereotypes, including the gender ones. Since the protagonist is both male and female, people do not treat him as equal to them. Cal’s humoristic and, sometimes, even sarcastic depictions of his life within “roller-coaster ride of a single gene through time” (Eugenides 4) demonstrate that he knows it is unfair to treat as someone who is too different to others. He mentions his situation as “the polluted pool of the Stephanides family” (Eugenides 4). Interestingly, Cal is aware of his specific humor, and makes the emphasis on its genetic origin.
The sense of humor is not the only way to depict gender stereotypes experienced by the protagonist of the story. The narrator highlights the tragedy of his life as a common problem of his family. Cal’s life is closely connected to his parents and grandparents life because “living sends a person not into the future but back into the past, to childhood and before birth, finally, to commune with the dead” (Eugenides 425). The community of people, therefore, can be possible in death since Cal thinks that in this life we grow backwards.
Humor and tragedy “provide in the novel an opportunity for Cal to come to terms with his trauma” (Boever 64).
The novel shows that gender is a category that is based on personal identification. Therefore, the protagonist demonstrates transitions “from female-identified Calliope to male-identified Cal” (Koch 190). Humoristic and tragic expressions make obvious that the key idea of the story is to show gender as a personal identification and further acceptance. Cal experiences several births – as a female in 1960, as a male when a teen, and the third and the last one at the age of forty-one. The last birth relates to the understanding his life as a result of nine generations’ story so that Cal accepts himself as a part of community although being different to it.
The novel Middlesex appears to be especially interesting to analyze because it discloses gender stereotypes that still exist in human society. The narrator of the novel, Cal or Calliope, uses humor and tragedy as the key means of the overall stylistic approach. These means demonstrate that intersex identity of the protagonist makes him both different but a part of community.
Boever, Arne De. States of Exception in the Contemporary Novel. New York: Bloomsbury Publishing USA, 2012. Print.
Ehlen, Kathrin. The Different Implications of the Name “Middlesex” in the Novel of the Same Name by Jeffrey Eugenides. Munich: GRIN Verlag, 2011. Print.
Eugenides, Jeffrey. Middlesex: A Novel. New York: Picador, 2002. Print.
Koch, Michaela. Discursive Intersexions. New York: Verlag, 2017. Print.
PRINCIPLES OF MARKETING (Online)
Marketing Plan Assignment Structure
Students are required to develop a marketing plan. The specific business product or service upon which the plan/project is created must be fictitious. You cannot just write a marketing plan that explains to me what some company is already doing. The idea is for you to use the knowledge gained in the course to develop your own work.
A five page minimum typewritten paper using double line spacing, 12 font with a minimum of 3 Internet references is required. The cover page, tables/graphics, works cited, and appendices pages are not counted as part of the five pages.
Use the following structure to create your plan.
1.) Cover/Title Page (Required and not considered one page) (5 points)
2.) Introduction, this section should explain your project’s basic concepts. (20 points)
3.) Body, this section contains the majority of the paper and should be used by you to express at least the following concepts: You must cite your references throughout your paper. (130 total points)
– Target market(s)? How were they selected? How will your product and/or service benefit the intended markets? (25 points)
– Describe the external environmental influences on your product/service including your direct and indirect competition. (25 points)
– The Marketing Mix (Product, Price, Place, Promotion) For each one, provide a detailed discussion and make sure that your ideas all work together to satisfy the target market customers you describe in the section above. (60 points)
4.) Summary, how the combined elements of your plan satisfy the customer. (15 points)
5.) Works cited/bibliography and Appendices (Tables, research results, etc.) (10 points)
6.) Spelling, grammar, sentence structure, use of scholarly references (20 points)
The marketing plan is due as indicated in the course Assignment Schedule. A minimum of 5 full pages of content is required. This assignment is worth 200 points toward your final course grade. 10 points will be deducted from the final paper score for each day the paper is late.
Strategic Analysis: Amcor Limited
The adverse implications of environmental pollution such as prolonged droughts, global warming, respiratory diseases, and loss of sea life have led to increased calls for the manufacturing sector to embrace means of production that are environmentally friendly. Despite these calls, most organizations have been reluctant to adopt effective strategies to lower the rate of pollution they cause to the environment. This reluctance emanates from the perceived increase in operation costs by adopting new environmentally friendly means of production. Consequently, this strategic analysis explores whether Amcor limited should use recycled materials to build their products without re-dying or modifying the material in any way. Besides, this paper explores the history of Amcor, its mission, and position in the market. Importantly, this analysis offers a rationale for why the company needs to adopt the specified sustainability initiative.
Strategic Analysis: Amcor Limited
Environmental protection is one of the most debated issues in the contemporary society. The adverse implications of environmental pollution such as prolonged droughts, global warming, respiratory diseases, and loss of sea life have led to increased calls for the manufacturing sector to embrace means of production that are environmentally friendly. In fact, environmental protection is among the fundamental corporate social responsibility actions that modern organizations address. This strategic analysis explores whether selected firms should use recycled materials to build their products without re-dying or modifying the material in any way. Importantly, the firm selected for this analysis is Amcor limited.
Several reasons justify the selection of Amcor limited for this strategic analysis. Nonetheless, the type of products that Amcor limited produces is the fundamental reason why the firm was selected for this analysis. Amcor limited produces an array of packaging materials such as cartons and plastic containers. In the society, such packaging materials form the bulk of solid wastes that pollute the environment. According to Jain et al. (2017), the non-biodegradable attributes of most packing material particularly plastics used around the world makes them one of the key pollutants of the environment.
Expounding on their stance, Jain et al. (2017) point out that these non-biodegradable packaging materials emit greenhouse gases such as carbon dioxide that contributes to global warming. Besides, these packaging materials inhibit plant root penetration in the soil and suffocate water living animals. Consequently, Amcor limited was selected since it is a global manufacturer of packing materials. Therefore, the firm’s actions to use recycled materials in its production process can significantly lower the amount of environmental pollutants emanating from packing materials.
Secondly, Amcor limited was selected due to the extensive links that the firm has with companies dealing in sectors such as foods and beverages, healthcare, home care and pet care. As a result, the firm can use these links to encourage its trade partners to adopt environmental sustainability initiatives. Importantly, this organization was selected due to the past legal battles that it has faced on environmental pollution. In keeping with Inside Waste (2011), Amcor Limited was fined $104,000 for discharging oil into the Yarra River. Such legal issues confirm that the firm needs to reshape its environmental-related actions to enhance its acceptance in the current environmentally sensitive business environment
Amcor’s History and Market Position
Founded in 1860 as Australian Paper Manufacturers, Amcor has grown to become a global leader in the production of packaging products. The company was renamed to Amcor limited in 1986 to attain a global perspective (Amcor, 2018). At present, the company has attained this global this recognition and is one of the leaders in the packaging industry. The success that the firm enjoys in the packaging industry has seen the firm expand to its operations to over forty nations. The presence of the company in these nations asserts its global attributes. Presently, the firm employs more than 35,000 workers in its various branches across the world. In the fiscal year 2017, the firm made sales amounting to over $9 billion. This sale amount confirms the market leader position held by the firm in the packaging industry. In fact, the firm has built a solid reputation as a reliable supplier of packing material across the world.
Amcor’s Staff, Relations, Corporate Culture, and Mission
The hyper-competitive nature of the contemporary business setting obliges organizations to invest in their workforce continuously. In line with this requirement, Amcor states in its website that it is committed to improving the skills and competency of its employees. As earlier stated, the firm employs over 35,000 people. Essentially, Amcor is driven by a culture of innovation, operational leadership, human resources development, and producing products that align with the needs of the customers.
For that reason, the firm’s culture focuses on maximizing value for its stakeholders. Besides, the firm centers all its operations on its mission, which is to be a dynamic and innovative company. This mission statement has enabled Amcor to produce diverse and differentiated products. This ability to offer highly differentiated and quality products has enabled Amcor to create cordial relations with renowned organizations such as the United Nations.
As a global leader in the production of packaging materials, Amcor should use recycled materials to build their products without re-dying or modifying the material in any way. This sustainability initiative is achievable because Amcor produces high-quality packaging materials that are not deformed easily. In fact, Amcor has realized the potential benefits that it stands to gain together with its customers if it adopts effective recycling actions. As stated by Allen (2018), Amcor is the first global packaging that has pledged to make all of its products recyclable or reusable by 2025.
Firstly, this sustainable initiative makes sense for the organization due to the fact that customers are increasingly demanding for reusable or recyclable packing materials as a move to attain environmental sustainability. Hence, adopting this sustainability initiative will enhance the acceptability of Amcor products in the market, as customers will view the firm as committed to enhancing environmental protection.
Secondly, this initiative aligns with Amcor’s mission of enhancing environmental sustainability. In their analysis, Song, Li, and Zeng (2015) point out that strategic solid waste management through actions such as recycling is one of the critical ways of reducing environmental contamination. Besides, recycling and reusing lower resource consumption by companies. In this respect, adopting this sustainability initiative will not only enable Amcor to attain it environmental protection mission, but it will also allow the firm to reduce its expenses on raw material procurement significantly.
Consequently, Amcor’s use of recycled materials will influence positively on the company’s strategic management actions and create value for all its stakeholders. Precisely, this sustainability action will depict the firm as being ethical to its global customers. Besides, it will reduce the firm’s expenses on raw materials thus creating value for its investors. This reduction in the cost of raw material will subsequently result in the reduction in the cost of the company’s products thus favoring its customers. This sustainability initiative will positively influence the company and its stakeholders.
Allen, D. (2018, January 31). What does Amcor’s sustainability pledge mean for pharma and MedTech?
Amcor. (2018). Our History.
Inside Waste. (2011, June 23). Amcor fined $104,000 for discharging oil into the Yarra.
Jain, P., Jain, A., Singhai, R., & Jain, S. (2017). Effect of Biodegradation and Non-Degradable Substances in Environment. International Journal of Life Sciences (IJLS), 1(1), 58-64.
Song, Q., Li, J., & Zeng, X. (2015). Minimizing the increasing solid waste through zero waste strategy. Journal of Cleaner Production, 104, 199-210.
The argument around the legalization of marijuana presents varying views and opinions that cut across the political, social and economic divides within the community. In essence, these views show the complexities that surround legality and the illegality of the use of marijuana. In the last two decades, the political landscape has seemed to tilt more towards the legalization of marijuana, which is evidenced by the increasing number of states that have gradually legalized marijuana.
Pundits argue that with the changing scope of regulations in the United States, where states have gradually embraced the legalization of this substance, a renewed drive may be observable in a bid to push for the fully- fledged support of Marijuana use at the federal level (Leyton 75). On the contrary, opinions vary across scholarly divides on the need to sustain the ban on marijuana. The argument is that despite the changing views across the states on the need to repeal the current laws on Marijuana, the health-related implications remain the same. Nevertheless, these views may have certain biases based on the point of opinion that they embrace.
Over the years, there has been an apparent attempt to make comparisons between the legalization of tobacco and the illegality of marijuana. The argument made by scholars, in this case, is that tobacco has as much health effects as if there is marijuana (Leyton 76). Pundits also note that the use of other substances such as alcohol has equal adverse implications on the health of the users. The studies also reveal that while these substances are illegal, they could have as much adverse and extreme health-related outcomes on the individuals.
The assertion made in this context is that the illegality presented in the case of marijuana is a result of misplaced assumptions that marijuana has implications that are more adverse to health outcomes than all other abused substances. The reality that these studies present is that the decision to make a decree on the ban on marijuana is unbalanced and fails to consider the implications that other substances have on health outcomes. On the same note, it is impossible to make a decision that affects the society without undertaking conscious due diligence and differentiating between illegal and legal substances.
Pundits also present the concerns around the underlying failure to recognize the critical role that Marijuana plays within the medical circles (Leyton 75). According to varying research outcomes, there are numerous medicinal uses of marijuana that may have a significant implication on the process of improving health care within the social setting. The need to legalize the use of marijuana within a medical context would be critical towards improving the health outcomes within the social environment. The research reveals that the use of marijuana to deal with ailments such as cancer and Glaucoma would be important in the course of improving healthcare outcomes. The studies show that the illegalization of marijuana limits the use of this drug within the confines of healthcare provision.
The states that have gradually embraced the use of marijuana within the broader medical context have had notable improvements in the overall healthcare outcomes. The reality is that some of these medical outcomes presented using marijuana would be important towards future public health solutions especially when it comes to dealing with chronic ailments. Essentially, one would also argue that medical health care outcomes are subject to continuous research and design towards recurrent improvement (Pacula 20). To this end, marijuana may be an important discovery within the healthcare setting that would have critical overall implications on health care.
The other argument that stands out in the conversation is the moralistic argument made by individual scholars. The assertion made by such scholars is that the decision to use marijuana is a personal decision, which in fact is a choice. For this reason, the individual decision to use the drug should be viewed from a consequentialist point of view. The consequentialist point of view argues that the individual’s final decision to use marijuana depends on the possible outcomes or implications of using the substance. For instance, if the decision to use marijuana is based on recreational purposes, then the user may derive happiness from such use of the content. On the same note, the argument made by consequentialist theorists is that the person has the ultimate decision to determine what actions yield the most significant outcomes or happiness.
The consequentialist argument reveals that the debate around the legalization of marijuana is a moralistic argument, which must in essence focus on the realities of the implications of marijuana from an individual users’ point of view and the underlying right to make a decision that is not a result of coercion or due to legal obligation (Pacula 21). The underlying argument that stands out is that the individual user has as the freedom of choice to decide whether to use the drug. Perhaps, this also reflects on the argument from a religious point of view, which notes that human beings have a free will to decide on what they wish to embrace or to disregard. The free will reflects on the moralistic assumption made about the possible implications of coercion through the law.
The scholarly arguments made by pundits on the need to legalize marijuana from an economic point of view are quite compelling. According to the study, the marijuana market continues to thrive despite the reality that there is no economic value that anyone derives from the market especially in relation to taxation. The research reveals that there would be significant tax benefits derivable from the ability to present marijuana as a legal and marketable commodity especially from a medicinal point of view. The revenues from the sales and the position of the source for the marijuana would have a significant implication on the overall revenue scales within the country. The states that have been keen on embracing and legalizing marijuana seem to reap essential benefits from an economic point of view. The same may be replicable at the federal level an aspect that may imply the overall annual tax return in the country.
Pundits argue that when the government implements very high tax regimes on commodities such as alcohol and cigarettes, the outcome is often a constant rate of consumption in the market. The commodities then derive significant economic benefits through high rates of taxation. To this end, it is also possible to equate these high levels of revenue to the high consumption rates of marijuana in the underground markets (Cheng et al. 1590). The concern by economic researchers is that while the government focuses on implementing the ban on marijuana, there are businesspersons who continue to make significant levels of income from the illegal sale of marijuana (Cheng et al. 1590). In the end, this means that from a legal point of view, the government will never be able to tax marijuana as long as there is a lack of a statutory provision that legalizes the sale and use of the drug. The scholars reveal that in the immediate future, it may be impossible for the government to gain from the revenues accrued from marijuana as long as there is a failure to consider the legalization of the use.
The contrary opinions are equally broad and critical on the reasons that support the ban on marijuana. For instance, there is a broad spectrum of research that evidences the possible implications of marijuana use on the overall long-term well- being of the individual both health wise and socially (Choi et al. 10). The evidence suggests that at the end of the day, the individual may end up having varying negative implications, which manifest due to the long-term use of the substance. The scholarly works also reveal that users of marijuana stand to develop specific long-range dependencies that may include a higher affinity to embrace other harder drugs such as heroin (Canady 4).
The discourse also reveals that the use of marijuana leads to irrational and in some case illogical decisions, which may include acts of crime and delinquency. The research notes that the individuals that abuse marijuana tends to have a higher affinity for violence and crime, an issue that complicates their ability to obey the laws set out in a given society (Cavedon 6). On the same note, the argument on the ban of marijuana also suggests that often, the individuals involved the sale and transportation of the drug often have multiple criminal related activities, which complicate their business approaches.
Finally, there is a moral argument that also argues the use of any substance that would cause bodily harm to the users. The moralistic view is contrary to the evidence made on the free will to choose. In the end, the varying views may make sense depending on the school of thought and the scholarly viewpoint that each of the scholars embraces. The discourse may therefore not achieve a middle ground, especially where multiple scholarly views cut across the varying divides.
Canady, Valerie A. “Marijuana use by youth, schizophrenia genetic risk examined.” Mental Health Weekly, vol. 25, no. 34, 2015, pp. 3-5.
Cavedon, Matthew P. “Blazing Through a Federal Red Light: The Insurgent Regulatory War Legalizing Marijuana, 1994-2014.” SSRN Electronic Journal, 2014, pp 5-9.
Cheng, Cheng, et al. “The Effect Of Legalizing Retail Marijuana On Housing Values: Evidence From Colorado.” Economic Inquiry, vol. 56, no. 3, 2018, pp. 1585-1601.
Choi, Namkee G., et al. “Older marijuana users’ marijuana risk perceptions: associations with marijuana use patterns and marijuana and other substance use disorders.” International Psychogeriatrics, 2017, pp. 1-12.
Leyton, Marco. “Legalizing marijuana.” Journal of Psychiatry & Neuroscience, vol. 41, no. 2, 2016, pp. 75-76.
Pacula, Rosalie. “Examining the Impact of Marijuana Legalization on Harms Associated with Marijuana Use.” vol. 6, no. 1, 2010, pp. 12-23.
External Research Assignment
Each student will be required to complete a research paper. The paper shall be 12-15 pages in length and follow standard APA guidelines. (Please see APA tutorial on the course menu for more information.)
All papers will be due on the final day of class, They shall be submitted using the document attachment tool located within Week 7.
The paper shall be on a topic of the student’s choosing provided that the topic has been cleared with the instructor. You will have to choose a topic and submit it for approval. The topic must be a recent (within 10-15 years) corporate, occupational or governmental white collar crime or scandal. The paper should meet the following criteria:
- Identify and classify all the key people involved in the crime including perpetrators and victims. Give all necessary background on the key players.
- Thoroughly explain the type of crime committed and place it into a proper typology.
- Discuss the legal process used to prosecute the crime(s). Was it proper and sufficient? What, if any defenses were raised? Did they have merit?
- Analyze any regulations or social controls subsequently implemented to avoid future crimes of this nature.
Good luck with this assignment. Please feel free to contact me with any questions you may have during your research and be sure to cite all your sources!
Write a formal report to potential investors. Your purpose is to obtain funding by demonstrating that your idea can be profitable, that your research is reliable, and that you are credible.
The report should be 25-40 pages. Each group member will be responsible for one of the four main sections described below.
- Minimum of five pages of text from each group member.
- Minimum of three graphs or other visuals for each section.
Research methods and sources will depend on the nature of the business and your section. Start with traditional sources such as libraries, local organizations, the web, business texts, and so on. You can also employ field research, marketing surveys, interviews, etc. For documenting sources, please follow the Harvard Business Citation Guide (link on GauchoSpace).
The group is responsible for front and back matter, and for coordination between sections.
You should know that the business plan for this class differs from real-world business plans.
- Real-world plans will vary considerably in information and organization, relying not on a pre-determined formula but on exhaustive analysis of specific circumstances of the business idea, its industry, the financial needs of the entrepreneurs, and so on. Your plan is divided into sections I pre-determined in order to evenly distribute the workload among students.
- In real-world-plans, a lot of information comes from the entrepreneur’s experience. As a class assignment, you are expected to research and learn about starting a business and to show evidence of your research.
- Compared to far more thorough and detailed real-world plans, your plan will necessarily be limited in scope. To limit scope, emphasize the entrepreneurial logic and sacrifice some details of implementation. That is, explain the viability of the business before, say, details about recruiting and training a workforce.
- The best student plans stick to demonstrable areas of research and avoid speculation.
For the purposes of this course, then, use the following sections.
Front Matter (group)
- Cover/Title Page
- Be creative and visual
- Include the name of your business and the names of the people who prepared the plan.
- Transmittal letter
- Use standard letter format
- Write and address it to a potential investor, an actual individual or firm you have identified as a potential source of funding for your business.
- Table of contents
- Use the decimal outline format the Writing Program has adopted as the standard for the business plan (see samples).
- Executive Summary (2 pages or so)
- Write a sizzling summary of your plan, emphasizing the entrepreneurial logic and providing an overview of each section.
Main Sections (individual)
This section should serve as the investor’s introduction to your business and the deal you would like to make with the investor. Your thesis should be that your start-up is a good investment. You will need to write rationally and persuasively, keeping the hard-headed, risk-averse investors’ concerns in mind, in order to move investors into the rest of the plan.
Much of the information in this section will be articulated in more detail in other sections, so you will get some information from your group mates. In real-world business plans, the other information in this section may come from research or from the entrepreneur’s experience. For this class, to make sure you understand how start-ups work and what the options are, you definitely need to do the research. You should accomplish the following tasks (not necessarily in this order):
- Describe the product or service, emphasizing the benefits to your customers and to the community as a whole.
- Describe your advantage over competitors—quality, service, price, location, or whatever.
- Describe briefly the target market for your product or service, emphasizing the features that will make your product or service attractive.
- Describe the business model—the way your business will bring in revenue, how the sales transaction will work.
- Describe the ownership structure of the company and why. Here I will be looking for evidence of research in the ways to structure a new business—from sole proprietor to C-Corporation, and options between. As you present your research, articulate the rationale for the choice that is best for your business.
- Identify specific, real-world investors, or a strategy for finding them.
- Describe how the investors fit in and the benefits to them of this arrangement. Be specific about money. Research ways to involve the investors and provide a return—from part owner to a schedule for loan repayments, and options between. In short, find out how financing works and persuade investors to accept the benefits to them of your choices.
- Assess the risks to investors, then research and discuss strategies for minimizing them. Research is particularly important for this subsection to establish credibility. Study the success and failure rates for startups in general as well as the specific risks within your industry. What do you have to watch out for? How will you minimize the risks? Look especially for ways to test your strategies before spending lots of investors’ money.
- Establish the qualifications of your group. Research the skills required for your business and show that you have those skills or have the drive to get the necessary skills.
This section should include an overview of the industry and an analysis of your specific competitors. If your business crosses industry lines—such as selling clothes on the Internet—then research both industries and, if available, online clothing sales. Your thesis should be that your business will be able to establish itself in this industry. What is your advantage, your niche? You should include (not necessarily in this order):
- A description of your industry, the current size and historic growth rate. How much money is it generating? How much is it expected to generate? How much in sales dollars or units? How much in profit? Sometimes this information is hard to find for free, as marketing research is a lucrative business, and the University (absent a Business School) does not subscribe to expensive periodical publications containing the latest industry information and trends. Still, if you are persistent, you will find enough to give a credible overview of the industry.
- What are the major customer groups within the industry (i.e., businesses, governments, consumers, etc.)?
- Identify your key competitors and their market share. Again, this information can be a challenge to find, though crafty internet searches should provide what you need, especially issues of market share. If you can’t find specific information on market share, you should at least be able to find some statistics on the size of the business’s operation.
- For each key competitor, analyze their strengths and weaknesses. Are they able to satisfy their customers’ needs? Is their track record or reputation strong? Do they have financial resources? Can they retain good people? Be realistic in your assessments.
- Identify any indirect or secondary competitors which may have an impact on your business’ success.
- How do you stack up to the competition? What is your competitive advantage? Again, this is the key point for this section. Your analysis of the industry and the competition should lead to this conclusion.
Your target market is simply the group of customers that you want to sell to. Who will buy your product or service? How many of them are there? Where do they live? How much do they earn? How much do they spend on your industry? Why will they spend money on your product/service? What is it about their lifestyle, values, beliefs, etc., that makes them potential customers? Your thesis in this section should be that you can capture market share. You should gather information which identifies (not necessarily in this order) the:
- Size of the primary target market. Here, you would need to know the number of potential customers in your primary market, the number of annual purchases they make in products or services similar to your own, the geographic area they reside in, and the forecasted market growth for this group.
- Distinguishing characteristics of the major/primary market you are targeting. This section might include information about the critical needs of your potential customers, the degree to which those needs are (or are not) currently being met, and the demographics of the group. It would also include the geographic location of your target market, the identification of the major decision-makers, and any seasonal or cyclical trends which may impact the industry or your business.
- The extent to which you feel you will be able to gain market share and the reasons why. In this research, you would determine the market share percentage and number of customers you expect to obtain in a defined geographic area. You would also outline the logic you used to develop these estimates.
- Trends and potential changes which may impact your primary target market. Key characteristics of your secondary markets. Just like with your primary target market, here you would again want to identify the needs, demographics, and the significant trends which will influence your secondary markets in the future.
Marketing is the process of creating customers, and customers are the lifeblood of your business. In this section, you define your marketing strategy. What need or desire will motivate your customer to spend money on your product/service? What message will speak to that need? How will you communicate that message? What media does your target market utilize? How will you actually sell your product? Who will do the selling? You should work with the group member doing market analysis to coordinate and avoid overlapping research. Your thesis in this section is to show how your comprehensive marketing strategy will create customers. You should include information (not necessarily in this order) on:
- Your customers’ needs and desires. Such “psychographics” can be hard to find. You can research successful strategies in your business. You might also consider primary research, such as focus groups, surveys, etc.
- An effective marketing message. Based on your research, create—using your creativity—a message about your product or service appealing to your customers’ needs and desires.
- A communication strategy. Research your customer’s media use and devise a plan for using those media to send your message to your customers.
- The work required to make a sale. Research the sales rates in your business to determine the average number of sales calls you will need to make per sale, the average dollar size per sale, and the average dollar size per vendor, or any information of this kind, in order to provide a realistic sense of the viability of reaching sales goals. This information is also important for the Management/Financial Plan.
Back Matter (group)
- Advertising materials you created, schematic drawings, etc.
- Anything else you feel should be included, but doesn’t fit in the rest of the plan
Week 6 Debt
- Sally’s going to buy a used car for $5,000. She has enough money saved so that she could use cash to pay for it, or she could borrow and make payments over the next three years. Answer the following questions.
- How much would her $5,000 earn over the next three years if she invested it at 4% simple interest? Please show calculations.
- How much in total would she pay for the car if she made payments that included interest of 5% simple interest? Please show calculations.
- Given the calculations above, would you recommend that Sally finance her car or pay for it and invest the 5,000 for the next year? Why?
- Tech Marketing Inc. is an online and social marketing consulting firm that started in Michael David’s garage. The company now has 10 employees that must work in shifts due to the small space. Michael has decided to accept $210,000 from the investor for 50% ownership in his company and use it to grow Tech Marketing into a national consulting firm. However, during the next two years he plans to spend only $10,000 and invest the remaining $200,000 for two years at 6% interest rate compounded monthly.
- How much cash will the company have at the end of two years? (You can use the compound interest calculator at
How much of that will be interest income?
- How much interest would Tech Marketing earn if it invested the $200,000 at 6% simple interest? Please show calculations.
- How much more interest income did the compound interest option earn? Please show calculations.
- Assume Michael, representing Tech Marketing, went to the bank to obtain a mortgage. The bank will present an interest rate that reflects their perception of the kind of credit risk Tech Marketing would present. (See the graph from your lecture). What four questions do you think they may ask Michael to estimate how risky this loan may be? You may also include a question or two that may reflect information from the financial analysis module.
(NOTE: This question is meant for you to reflect your understanding of how a bank may assess risk. There are no specific answers expected here, but the questions to need to reflect your understanding of the material.)
This paper consists of 5 questions, all of which must be answered. Read the scenarios and answer the questions at the end of each scenario. Please write your exam as a MS Word document, and double space your answer. Put a header or footer on your document which includes the following: LastName Course code exam, Little Creek.
You are also subject to the specific instructions for each case. That is, you may not look up the case on which the question is based.
Scenario: The following is an edited excerpt from a case from Connecticut. Read the excerpt and answer the question which follows. You are not to look up the case and read the court’s opinion.
The record reveals the following factual and procedural history. The defendants operate a facility in Middlefield, known as Powder Ridge, at which the public, in exchange for a fee, is invited to ski, snowboard and snow tube. On February 16, 2003, the plaintiff brought his three children and another child to Powder Ridge to snow tube. Neither the plaintiff nor the four children had ever snow tubed at Powder Ridge, but the snowtubing run was open to the public generally, regardless of prior snowtubing experience, with the restriction that only persons at least six years old or forty-four inches tall were eligible to participate. Further, in order to snow tube at Powder Ridge, patrons were required to sign a “Waiver, Defense, Indemnity and Hold Harmless Agreement, and Release of Liability” (agreement). The plaintiff read and signed the agreement on behalf of himself and the four children. While snowtubing, the plaintiff’s right foot became caught between his snow tube and the man-made bank of the snowtubing run, resulting in serious injuries that required multiple surgeries to repair.
Thereafter, the plaintiff filed the present negligence action against the defendants. Specifically, the plaintiff alleges that the defendants negligently caused his injuries by: (1) permitting the plaintiff “to ride in a snow tube that was not of sufficient size to ensure his safety while on the snow tubing run”; (2) “fail[ing] to properly train, supervise, control or otherwise instruct the operators of the snow tubing run in the proper way to run the snow tubing course to ensure the safety of the patrons, such as the plaintiff”; (3) “fail[ing] to properly groom the snow tubing run so as to direct patrons. . . such as the plaintiff away from the sidewalls of [the] run”; (4) “plac[ing] carpet at the end of the snow tubing run which had the tendency to cause the snow tubes to come to an abrupt halt, spin or otherwise change direction”; (5) “fail[ing] to properly landscape the snow tubing run so as to provide an adequate up slope at the end of the run to properly and safely slow snow tubing patrons such as the plaintiff”; (6) “fail[ing] to place warning signs on said snow tubing run to warn patrons such as the plaintiff of the danger of colliding with the side wall of [the] snow tubing run”; and (7) “fail[ing] to place hay bales or other similar materials on the sides of the snow tubing run in order to direct patrons such as the plaintiff away from the sidewalls of [the] run.”
The defendants, in their answer to the complaint, denied the plaintiff’s allegations of negligence and asserted two special defenses. Specifically, the defendants alleged that the plaintiff’s injuries were caused by his own negligence and that the agreement relieved the defendants of liability, “even if the accident was due to the negligence of the defendants.” Thereafter, the defendants moved for summary judgment, claiming that the agreement barred the plaintiff’s negligence claim as a matter of law. The trial court agreed and rendered summary judgment in favor of the defendants. Specifically, the trial court determined that the plaintiff, by signing the agreement, unambiguously had released the defendants from liability for their allegedly negligent conduct.
The plaintiff now claims on appeal that the agreement is unenforceable because it violates public policy. Specifically, the plaintiff contends that a recreational operator cannot, consistent with public policy, release itself from liability for its own negligent conduct where, as in the present case, the operator offers its services to the public generally, for a fee, and requires patrons to sign a standardized exculpatory agreement as a condition of participation.
Question 1: You are miraculously appointed an appellate judge in Connecticut. Please write the opinion of the court. Specifically, address whether the “Waiver, Defense, Indemnity and Hold Harmless Agreement, and Release of Liability” (agreement) is a valid contract which should be enforced.
Scenario: Dr. Byer is a dentist. Her dental offices are located in one wing of a house in which she and her family reside. On nights and weekends Dr. Byer and her family use the dental office waiting room as their family room (watching television, playing games, reading, conversation).
Dr. Byer wanted a new couch for the waiting room/family room. She noticed the following newspaper advertisement for a forthcoming sale at Interior Design: “Weekend sale. 25% off selected floor items.” Because of the advertisement, she visited Interior Design and was greeted there by Seline, a salesperson at the store.
Dr. Byer found a style of couch (“Occidental”) that she liked for the waiting room/family room. A large tag attached to the couch read: “Regular price $1,600. Sale price $1,200.” When it sells the Occidental for $1,600, Interior Design makes a $600 profit.
While she liked the style of the Occidental, Dr. Byer didn’t care for the fabric on the floor model. On a nearby fabric display stand she found two fabrics in which the couch could be upholstered by special order, but she wanted to take the two fabric samples with her to see how they would look in the waiting room/family room. She said to Seline: “I’m going on a two-week vacation. Would it be possible for me to reserve the couch now, take the fabric samples for a few weeks, choose a fabric, and order the couch at the sale price when I come back?” Seline said: “We could do that if you want. Let’s go to the main desk.” The two of them then walked to the store’s main desk. In a binder entitled “Fabric checkout”, kept at the main desk, Seline wrote the name and number of the two fabric samples and Dr. Byer’s name, address, and telephone number. Dr. Byer signed her name next to this information. Without any further relevant conversation about the couch, Dr. Byer left with the two fabric samples.
The next morning, in a journal that Seline kept in her own personal desk at Interior Design, Seline wrote Dr. Byer’s name, address, and telephone number accompanied by the notation “Occidental, 25% off, special order when customer chooses fabric.” Next to that language she drew a smiling face (☺), something that she frequently used when leaving notes for her fellow salespersons who called her “smiley.”
A month later Dr. Byer returned to Interior Design and walked up to Seline, who didn’t immediately recognize Dr. Byer. Dr. Byer reintroduced herself and said: “I’m sorry for taking longer than I expected, but I finally chose one of these two fabrics.” Seline then said: “Good, but if you want to order the couch I’m afraid that it is going to be $1,600. I forgot that the sale price didn’t apply to special order items. But we still have the couch on the floor and even though the sale is over I can still sell that one to you at the sale price.” Dr. Byer responded: “I’m sorry that you forgot, but I expect to get the couch for $1,200 with the fabric that I’ve chosen. I passed up a similar couch for $1,300 at another store because I was going to get a couch here.”
Seline refused. Dr. Byer left. She found the identical couch elsewhere, with the fabric she liked, and bought it for $1,500. She sued Interior Design in small claims court for breach of contract.
Question 2: Who should prevail and why?
Scenario: Randy, Gus and Susan are partners conducting business under the name “Randy’s Grocery Store.” Because Randy and Susan have strong moral objections to the sale of alcoholic beverages, the partners agreed that Randy’s would not do so. For many years Randy’s never sold beer wine or liquor.
Recently, Randy’s sales have been down. One day, Gus was in the store and noticed a lot of college T-shirts and Sweat-Shirts. Gus decided that Randy’s could sell a lot of beer. Gus called up Spoetzel Brewing Co. and ordered several cases of “Shiner Bock” beer.
When the beer was delivered, Randy was on the loading dock, and refused to accept the delivery. Spoetzel Brewing Co. sued Randy’s and its partners for breach of contract. Randy’s, Randy, Susan defend on two grounds. First, they argue that the partner’s agreed that Randy’s would not sell alcoholic beverages. Second, the argue that Randy’s had never bought beer, wine, or liquor.
Question 3: What is the result? Would either of the following make any difference in your analysis?
- Spoetzel Brewing did not know that Gus was a partner in Randy’s.
- It is common (or uncommon) for groceries in the area to sell beer.
Why or why not?
Question 4: Please discuss the pros and cons of a sole proprietorship, and a partnership as a form of business organization.
Question 5: What does the term “protected class” mean with respect to employment/ discrimination law? If one is filing a claim of discrimination under Title VII, what is the significance of this term?