Jurisdiction and powers of the High Court - Free Essay Example

Introduction As legal disputes arise by the day, litigants seek different avenues to solve their matters. One of the ways is by instituting these matters before a court. However, the basic and most important step is to go before a court of competent jurisdiction. According to the Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary, à ¢Ã¢â€š ¬Ã…“jurisdictionà ¢Ã¢â€š ¬Ã‚ is the power and authority constitutionally conferred upon a court or a judge to pronounce the sentence in law, or to award remedies provided by law, upon a state of facts, proved or admitted, referred to the tribunal for decision, and authorized by law to be subject to investigation or action by tribunal, and in favor of or against persons who present themselves, or who are brought, before the court in some manner sanctioned by law as proper and sufficient.[1] Without jurisdiction, a court acts in vain. In Owners of the Motor Vessel à ¢Ã¢â€š ¬Ã…“Lillian Sà ¢Ã¢â€š ¬Ã‚  V Caltex Oil (Kenya) Ltd[2], the court stated that, à ¢Ã¢â€š ¬Ã…“Jurisdiction is everything. Without it a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence. A court of law downs tools in respect o f the matter before it the moment it holds the opinion that it is without jurisdictionà ¢Ã¢â€š ¬Ã‚  The various forms of jurisdictions conferred upon the courts include original jurisdiction, supervisory jurisdiction, and appellate jurisdiction among others. These forms of jurisdictions are discussed in relation to the High Court, Industrial Court and the Environment and Land Court. Reference is made to the Constitution of Kenya, and the statutes operationalizing these courts. Jurisdiction of The High Court Article 165(1) of the Constitution establishes the High Court. Subsequently, subsection 2 of the same article provides that there shall be a Principle judge elected by the judges of the High Court from among the High Court judges. The Jurisdiction of the High Court is as discussed as below: Unlimited Original Jurisdiction of the High Court Article 165(3) outlines the specific forms of the jurisdiction of the High Court. These include: unlimited original jurisdiction in civil and criminal matters, jurisdiction to hear matters on the interpretation of the Constitution, supervisory jurisdiction, reference jurisdiction, jurisdiction for the protection of fundamental rights, and, enforcement jurisdiction in respect of fundamental rights and freedoms.[3] Additionally, legislation may confer original or appellate jurisdiction to the High Court.[4] However, Article 165(3) refers to clause 5 of Article 165 as to the limitation of the High Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s jurisdiction. The High Court is limited to matters reserved for the exclusive jurisdiction of the Supreme Court under the Constitution and matters falling within the jurisdiction of the Industrial Court, and the Environment and Land Court. Supervisory Jurisdiction Article 165 (6) of the Constitution confers upon the High Court supervisory jurisdiction over any civil or criminal proceedings or matters before a subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function but not over superior courts. Article 165(7) provides that for the purposes of sub-article 6, the High Court is vested with the powers to make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by those courts. Such powers include calling for the record of any proceedings before the subordinate courts or person, body or authority referred to under clause 6. Article 160 of the Constitution provides that in exercising the judicial authority, the judiciary as constituted under Article 161 shall be subject to the constitution and the law and shall not be subject to the control or direction of any person or authority. It thus follows that the High Court is vested with supervisory jurisdiction over the subordinate courts. It is also overt that the High Courts generally has the supervisory jurisdiction over persons and authorities in observing there mandate in so far as it is not limited as indicated under Article 165 (5) of the Constitution. Jurisdiction to determine matters relating to violation of the fundamental freedoms in the Bill of Rights Article 23 of the Constitution provides that the High Court has jurisdiction pursuant to Article 165 of the Constitution. The fundamental rights are guaranteed under part two of Chapter four of the Constitution. Article 165 (3) (b), accords the High Court the power to determine any questions as to whether a right or a fundamental freedom in the Bill of Rights has been denied, infringed or threatened. The fundamental freedoms envisaged under the constitution include: Freedom and security of person; Freedom of conscience, religion, belief and opinion; Freedom of expression; Freedom of media; Freedom of association; and Freedom of movement and residence. However, claims arising out of an interest or right in or over property must be brought for determination under the Environment and Land Court.[5] This position was supported by the case of Samuel Kamau Macharia Another V Kenya Commercial Bank 2 Others[6], the court observed that: à ¢Ã¢â€š ¬Ã…“A courtà ¢Ã¢â€š ¬Ã‹Å"s jurisdiction flows from either the constitution, legislation or both. Thus, a court of law can only exercise jurisdiction as conferred by the constitution or written law. It cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by lawà ¢Ã¢â€š ¬Ã‚ ¦where the constitution exhaustively provides for the jurisdiction of a court of law. The court must operate within the limits. It cannot expand its jurisdiction through a judicial craft or innovation.à ¢Ã¢â€š ¬Ã‚  Therefore, the High Court has no jurisdiction to determine questions as to the infringement, denial, violation or threat to rights or fundamental freedoms in the Bill of Righ ts that fall on the jurisdiction of the special courts. Article 162 of the Constitution contemplates a system of courts consisting of superior courts and subordinate courts. The two special courts are established by the parliament with status of the High Court to hear and determine matters relating to the environment, the use and occupation of and title to land. Appellate Jurisdiction The appeals from the subordinate courts and tribunals lie to the High Court. These include appeals from both the civil matters as well as criminal matters. Article 165(3) (c) of the Constitution vests the jurisdiction to hear an appeal from the decision of a tribunal appointed under the constitution to consider the removal of a person from office, other than the tribunal appointed under Article 144 of the Constitution.[7] Jurisdiction to hear any question relating to the interpretation of the Constitution Article 165(3) (d) vests the High Court with the jurisdiction to hear questions in respect to the interpretation of the Constitution. The High Court, subject to this Article, shall determine whether a law contravenes or is inconsistent with the Constitution, to determine matters on the constitutional powers of State organs.[8] In order to determine the questions raised under clause (3) (b) or (d), the bench shall consist of an uneven number of judges, being not less than three, assigned by the chief Justice.[9] Environment and Land Court Article 162(2) of the Constitution read together with Article 165(5) deprives the High Court jurisdiction to hear any matter reserved for the exclusive jurisdiction of either the Supreme Court or matters falling within the jurisdiction of the Courts contemplated under Article 162(2). Article 162 of the Constitution that establish superior courts provides as follows: 162. (1)à ¢Ã¢â€š ¬Ã…“the superior courts are the Supreme Court, the Court of Appeal, the High Court and the courts mentioned in clause (2). (2) Parliament shall establish courts with the status of the High Court to hear and determine disputes relating toà ¢Ã¢â€š ¬Ã¢â‚¬  (a) Employment and labour relations; and (b) The environment and the use and occupation of, and title to, land. (3) Parliament shall determine the jurisdiction and functions of the courts contemplated in clause (2). Article 162 in effect obligated the Parliament to establish superior courts namely the Industrial Court and the Envir onment and Land Court to hear and determine disputes contemplated under Article 162 (2) of the Constitution. Article 165(5) specifically provides that the High Court shall not have jurisdiction over disputes contemplated under Article 162((2) and these are labour disputes and land and environmental disputes. Legal practice tradition require that this being a jurisdictional clause, it had to be followed to the latter as held in the locus classicus case of Owner of Motor Vessel à ¢Ã¢â€š ¬Ã…“Lillian Sà ¢Ã¢â€š ¬Ã‚  V Caltex Oil (Kenya) Ltd as explained above. The Environment and Land Court, as one of the Courts contemplated by article 162(2) is a Superior Court, has the same status as the High Court. Pursuant to article 162(3) of the Constitution, Parliament was empowered to determine the jurisdiction and the functions of the Environment and Land Court. Consequently, Parliament enacted the Environment and Land Court Act, 2011 that established the Land and Environment Court. S ection 4 of the Environment and Land Court Act,[10]establishes the Environment and Land Court. The Act provides that: à ¢Ã¢â€š ¬Ã…“4. (1) there is established the Environment and Land Court. (2) The Court shall be a superior court of record with the status of the High Court.(3) The Court shall have and exercise jurisdiction throughout Kenya and shall pursuant to section 26, ensure reasonable and equitable access to its services in every county.à ¢Ã¢â€š ¬Ã‚  Section 13 of the Act defines the jurisdiction of the Environment and Land Court. TheCourt has original and appellate jurisdiction to hear and determine all disputes in accordance with Article 162(2) (b) of the Constitution and with the provisions of Act or any other written law relating toenvironment and land. In exercising its jurisdiction under Article 162 (2) (b) of the Constitution, and section 13 of the Environment and Land Court Act, the Court has power to hear and determine disputes relating to environment a nd land. It includes disputes relating to environmental planning and protection, trade, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources or disputes relating to compulsory acquisition of land.The court further has powers to deal with disputes relating to land administration and management. The court is also empowered to hear cases relating to public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land. In this regard one will say that all disputes relating to securities and in particular any dispute dealing with the statutory power of sale by financial institutions will be dealt with by this court. Further, the Act states that the court has jurisdiction to hear any other dispute relating to environment and land. The court has jurisdiction to hear and determine matters relating to the right to clean environment.Section 13 (3) of the Environment and Land Court Act provides that, nothing in this Act shall preclude the Court from hearing and determining applications for redress of a denial, violation or infringement of, or threat to, rights or fundamental freedom relating to the environment and land under Articles 42, 69 and 70 of the Constitution. The Court also exercises appellate jurisdiction over the decisions of subordinate courts or local tribunals in respect of matters falling within the jurisdiction of the Court.[11] Additionally, the Court exercises supervisory jurisdiction over subordinate courts, local tribunals, persons or authorities in accordance with Article 165(6) of the Constitution. In exercise of the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s supervisory jurisdiction the Court may call for the record of any proceedings before any subordinate court, body, authority or local tribunal exercising judicial or quasi-judicial functions, or a decision of any person exercising executive authorityand may make any o rder or give any direction the court considers appropriate to ensure the fair administration of justice. Section 13(7) of the Act provides that, in exercising its powers the court can grant the following orders: interim or permanent preservation orders including injunctions; prerogative orders; award of damages; compensation; specific performance; restitution; declaration; or costs. Industrial Court of Kenya The Jurisdiction of the Industrial Court Similar to the Environment and Land Court, the Industrial Court is established pursuant to Article 162(2) (a) of the Constitution of Kenya, which provides, à ¢Ã¢â€š ¬Ã…“Parliament shall establish courts with the status of the High Courtà ¢Ã¢â€š ¬Ã‚ ¦ to hear and determine disputes relating to employment and labour relations.à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ The purpose of this Article is to establish the Industrial Court as a superior court of record andose is 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111 to confer jurisdiction on the Court with respect to employment and labour relations and other related purposes. Section 4 of the Industrial Courts Act,establishes the Industrial Court as Parliament was obliged by the Constitution to do so. The section provides that, à ¢Ã¢â€š ¬Ã…“In pursuant to Article 162(2) of the Constitution, there is established the Industrial Court for the purpose of settling employment and industria l relations disputes, and the furtherance, securing and maintenance of good employment and labour relations in Kenyaà ¢Ã¢â€š ¬Ã‚ . Similarly, the Act under the provision of Article 162(3) of the Constitution, defines the Jurisdiction of the Industrial Court. Section 12of the Industrial Court Act defines the jurisdiction of the Industrial Court as, The Court has, à ¢Ã¢â€š ¬Ã…“exclusiveoriginal and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution, and the provisions of this Act, or any other written law which extends jurisdiction to the Court relating to employment and labour relations.à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ Among the other principal Acts of Parliament that extend the jurisdiction to the Industrial Court are the Employment Act[12] and the Labour Relations Act[13]. Section 87(1) of the Employment Act states à ¢Ã¢â€š ¬Ã…“Subject to the provisions of this Act, whenever à ¢Ã¢â€ š ¬Ã¢â‚¬Å" (a) an employer or employee neglects to fulfill a contract of service; or (b) any question, difference or dispute arises as to the rights or liabilities of either party; or, (c) touching on any misconduct, neglect or ill treatment of either party or any injury to the person or property of either party, under any contract of service, the aggrieved party may complain to the labour officer or lodge a complaint or suit in the Industrial Courtà ¢Ã¢â€š ¬Ã‚ . Section 87 (2) states à ¢Ã¢â€š ¬Ã…“No other Court other than the Industrial Court shall determine any complaint or suit referred to in subsection (1).à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ This section is a à ¢Ã¢â€š ¬Ã‹Å"limitation clauseà ¢Ã¢â€š ¬Ã¢â€ž ¢ with regards to jurisdiction. Despite it being one of the superior courts, no other court of the same status can preside over matters relating to the jurisdiction of the Industrial Court. Moreover, Section 73 of the Labour Relations Act extends jurisdiction to t he Industrial Court as follows- à ¢Ã¢â€š ¬Ã…“If a trade dispute is not resolved after conciliation, a party to the dispute may refer it to the Industrial Court in accordance with the Rules of the Industrial Court.à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ Subsequently, section 74 allows trade unions to refer to the Industrial Court as a matter of urgency, disputes concerning recognition, redundancy, and employees engaged in essential service. It thus follows that the Constitution, the Industrial Court Act and other written laws such as the Employment Act, and the Labour Relations Act govern the Industrial Court and confer jurisdiction on the Industrial Court. Conclusion As it is discussed, there is fundamental need to prove jurisdictionwhen instituting a matter before court. Considering the provisions outlining the jurisdiction of the three courts, it is important to note that these courts are of the same status. The Constitution, under Article 162, names the superior courts among them being the High Court, the Industrial Court, and the Environment and Land Court. However, this Article gives more details on the establishment of the last two courts. It mandates Parliament to enact legislation that establish and define the jurisdiction of these courts. Referring to the nature of matters brought before the Industrial Court and the Environment and Land Court, a special feature is common in both courts. They are courts of courts of a specialized nature and there are provisions that limit their jurisdiction. Subsequently, other courts are limited to hear and determine matters within the jurisdiction of these courts. As is noted above therefore, em phasis is on the establishment and jurisdiction of the Industrial and Environment and Land Court. The Article 162 (2) is specific as to the status of the courts. They are of the same status as the High Court, but conferred with different jurisdictions from that of the High Court. Professor Albert Mumma while presenting[14] his paper, The Jurisdiction of the Environment and Land Court said, à ¢Ã¢â€š ¬Ã…“The ELC is a court sui generis- neither the High Court nor an administrative tribunal. It has a constitutional interpretation and human rights enforcement jurisdiction, appellate jurisdiction, supervisory and judicial review jurisdiction.à ¢Ã¢â€š ¬Ã‚  He based this reasoning on the unique nature of land disputes and that it was cumbersome for litigants due to the mainstream High Court judicial mechanisms. To echo Professor Mummaà ¢Ã¢â€š ¬Ã¢â€ž ¢s opinion, it is essential to distinguish the jurisdiction of the three courts. The jurisdiction of both the Environment and Land Court and the Industrial Court are specialized jurisdictions, which need judicial officers with the right expertise on the matters brought before them. In this case, Flotta needs to understand the nature of her matter. The definition of her relationship with the county assembly is essential to guide her under which court she should institute her complaint.in our subsequent discussions in this paper we shall also seek to explain the nature of the relationship she had with the County Government of Kiangà ¢Ã¢â€š ¬Ã¢â€ž ¢ombe.However not expressly defined in statute, we will also rely on various jurisprudence to show what kind of relationship it was. Having distinguished the various jurisdictions of the superior courts,the paper shall also identify which court to move by observing practice. Part 3, 4 and 5 of this paper shall discuss conclusively on this matter. [1] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary Free Online Legal Dictionary 2nd Edition. [2] (1989) KLR 1 [3]Article 165(3)(a)- (d) [4]Article 165(3) (e) [5]Article 165 (5) (b) of the Constitution. [6] [2012]eKLR [7] Tribunal for the removal of the President of the President on grounds of incapacity. [8]This is in relation to the county governments and the relationship between the different levels of government defined by the constitution. [9] Article 165(4) of the Constitution [10] No. 19 of 2011 [11] Gazette Notice No. 16268. à ¢Ã¢â€š ¬Ã…“Practice Directions on Proceedings relating to the Environment and the use and Occupation of, and Title to Land. [12]Number 11 of 2007 [13]Number 14 of 2007 [14]At a Seminar for Continuing Legal Education (CLE) held at The Imperial Hotel, Kisumu in 2013.

Chromatography of Commercial Analgesics - 878 Words

Chromatography of Commercial Analgesics Using the thin layer chromatography the major components of a commercial analgesic tablet will be indentified and purified. The active ingredients of the analgesic used were characterized by comparison with chromatograms of aspirin, acetaminophen, ibuprofen, mefanemic acid, and caffeine through the use of UV chromatography then the Rf value was calculated for each solvent. INTRODUCTION In this experiment, thin-layer chromatography (TLC) will be used to determine the composition of various analgesics. Chromatography is a technique used to separate and identify individual components in a mixture. Chromatographic techniques make use of the fact that components of a mixture tend to move at†¦show more content†¦This experiment aims to indentify and characterize the major components of commercial analgesic tablets which in this case the assigned tablet was Ibuprofen Alaxan. MATERIALS AND METHODOLOGY I. Preparing the TLC plates Cut a 5x10 TLC plastic sheet. six mark spots must be placed so that the solvents will be placed properly later on through the capillary, this marks must be 1cm apart and 1cm from the bottom edge of the TLC sheet. II. Preparing the Sample The sample analgesic was triturated with 2ml methanoltoluene it was then decanted and transferred into a vial. The standards that were used were already prepared, the aspirin, acetaminophen, ibuprofen, mefanemic acid, and caffeine. III. Sample Application Using a capillary tube, one end was dipped in the sample solution to allow the solution to enter by capillary action. On one end, using the index finger block the top-end of the capillary, lightly and then quickly spot it to the mark on the TLC plastic sheet. Using new capillary tubes, repeat the same process for the other spots for all. IV. 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Airline Industry Delta Airlines - 1599 Words

Though Delta Airlines which is my choice of Airline does not operate solely as cargo carrier but as both passengers and Cargo carrier. Usually people ask where the difference between passengers and cargo carrier lies and the difference is simply the schedule and types of aircrafts used in each operation. For cargo only freighters there is no need for windows, seats and other comforts usually expected by customers. But operating a combined passenger/cargo aircraft, most basic requirements must be met when it comes to customer’s comfort and that is where Delta Airlines falls in this category. Introduction: Delta Air Lines’ long history of service actually began in agriculture, when the company was founded in 1924 as the world’s first aerial crop dusting organization called Huff Daland Dusters. In fact, if the boll weevil had not marched out of Mexico prior to the turn of this century to devastate the cotton fields of the South, there might not have been a Delta Air Lines. 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Violence and The Views of Malcolm X - 928 Words

â€Å"Peace cannot be achieved through violence, it can only be attained through understanding†. One of my favorite quotes by Ralph Waldo Emerson, the leading figure in the transcendentalism. Going by what the quote states, one can ask what role does violence even play in life? More specifically what role did it play in the Civil Rights struggle in the South? It’s evident that violence’s purpose in the struggle wasn’t for peace but for something else. Well that’s what it was for Malcolm X, a center figure in the Civil Rights struggle. For Malcolm X, violence was more of a response that anything else. It was a form of self-defense that he could no longer avoid. For Martin Luther King Jr. another center figure just like Malcolm X, violence was something else. For him violence was unnecessary. 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Malcolm X sacrificed his life for the most worthy cause of the 20th Century because he fought for equal rights African

Stroz Friedberg Harvard Case Study - 1164 Words

Margarita Correal Stroz Friedberg Harvard Case Study Where they are: Stroz Friedberg based their business model around the talent. â€Å"When we find a talented person in a particular location, we set up a new office there.† This was a very successful strategy as a start up firm. Ride on big names from the industry until creating a reputation of their own, but as they grew their issues became more obvious. Profit came from consulting and e-discovery services with a 30/70 revenue. The market started to shift toward e-discovery and with the acquisition of Docuity SF created an ambitious new profit target of $72 million, 50% from consulting and 50% from e-discovery. This economic goal set a clear path towards e-discovery and larger role of examiners in the organization. However since the start of their success Stroz Friedberg had a problem with its organizational structure. Like many startups it’s holistic approach gave them success but as they grew those practices became unsustainable for a company that large. SF main issues where derived from its lack of a clear organizational structure, barriers in communications and lack of organizational justice. Evaluating these issues is key to creating sustainable solutions and understanding the recommendations of the consulting firm. Lack of Organizational Structure Vision, Mission and Goals Problems in the Culture: Organizational Change (acquisitions) †¢ No clear vision, mission or objectives. †¢ Ever changing competitiveShow MoreRelatedEngaging Privacy and Information Technology in a Digital Age12587 Words   |  51 Pages Philosophical approaches to the study of privacy have centered on the elucidation of the basic concept and the normative questions around whether privacy is a right, a good in itself, or an instrumental good. Economic approaches to the question have centered around the value, in economic terms, of privacy, both in its role in the information needed for efficient markets and in the value of information as a piece of property. Sociological approaches to the study of privacy have emphasized the ways

Health Promotion Study Guide free essay sample

Illness is an event that manifests itself through observable/felt changes in the body. Illness is the state in which the physical, emotional, social, intellectual or spiritual functioning is diminished or impaired compared with previous experience. It is NOT synonymous with disease and may or may not be related to disease. Illness is highly subjective. Wellness is the state of being healthy in both body and mind as the result of deliberate effort. Wellness is the state of well-being. It is an approach to healthcare that emphasizes preventing illness and prolonging life as opposed to emphasizing treating diseases. Anspaugh et al propose 7 components of wellness: 1) Physical 2) Social 3) Emotional 4) Intellectual 5) Spiritual 6) Occupational and 7) Environmental. Well-being/Wellness is a subjective perception of vitality and feeling well which can be described objectively, experienced, and measured and can be plotted on a continuum. Dunn’s concept of high level wellness theorizes that wellness is the degree of illness/health modified by the environment. We will write a custom essay sample on Health Promotion Study Guide or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It says that it is an integrated method of functioning that is oriented towards maximizing the potential of which the person is capable. It requires that the individual maintain a continuum of balance and purposeful direction within the environment where he is functioning. The patient’s perception of health, wellness and illness must be considered by the nurse in order to provide individualized, quality care. Lifestyle factors that influence health: (PP Health Promotion and Disease Prevention) Internal and external factors influence health status. Internal factors include Age, Genetics, Physiologic, Lifestyle, Health habits (smoking, drugs, alcohol, eating habits, exercise and stress). External factors include: Environment (radiation, air pollution, H20 and sun exposure), Safety (seatbelts, riding on motorcycle), and Standard of living (less educated the poorer the health). How to take a patient’s temperature using different routes: (Lab Kozier PP. 532-537) There are a number of body sites for measuring body temperature. The most common are oral, rectal, axillary, tympanic and temporal artery. Normal adult temperature is 37 degree C and 98. 6 degree F. In older adults ( gt; 70), temp is usually 36 degrees C or 96. 8 degrees F. Newborns- 1 yr old are usually 98. 2 degree F and 36. 8 degree C. Oral: Most common route. Place thermometer underneath the tongue on either side of the frenulum. Do NOT take in someone with mouth lesions or if patient has had oral surgery. Be sure to ask if patient has had anything cold/hot to drink in last 30 minutes. Rectal: Most accurate route. Place Pt. in lateral or Sim’s position. Apply gloves and instruct patient to take a slow deep breath during insertion. Insert 1. 5 inches in adults. Do NOT take in Pt that has had rectal surgery, has lower GI problems, is immuno-suppressed, has a clotting disorder or Pt that has hemorrhoids. In some agencies taking rectal temps is contraindicated in patients who have had an MI. It is believed that this can stimulate the Vagus nerve which can cause myocardial damage. Tympanic: Temps measured in this site are usually 1. 1-1. 5 degrees higher than oral. These are non invasive and quick. To measure temp, pull pinna slightly upward and back( adults) and point the probe slightly anteriorly, toward eardrum. Insert the probe slowly using a circular motion until snug. Axillary: The least accurate route but safest route. Dry arm pit if moist. Place thermometer bulb in center of axilla. In order to obtain a more accurate reading it must be left in place for a long time. Temporal Artery: Safe, noninvasive and very fast. Equipment slightly more expensive, as it is a scanning infrared thermometer. The probe is placed in the middle of the forehead then drawn laterally to the hairline. If Pt has perspiration on forehead the probe is also touched behind earlobe. Levels of preventive health care: Three levels of preventative care are: Primary focuses on health promotion and protection against specific health problems or health risks. Primary prevention precedes disease or dysfunction and is applied to generally healthy individuals or groups. Examples include: Immunizations; risk assessments for specific disease i. e. iabetes; health education about injury and poisoning prevention. Secondary- focuses on early identification of health problems and prompt intervention to alleviate health problems. Goal is to identify people in early stages of disease process and to limit future disability. It is curative in nature. It emphasizes health maintenance for people with health problems (i. e. someone with diabetes who has it under control). This level includes prevention of complications and disabilities. Examples include: Encouraging regular medical/ dental checkups; Teaching self exam of breast; screening surveys hypertension). Tertiary- focuses on restoration and rehabilitation with the goal of returning the person to optimal level of functioning, within the constraints of the disability. This level of prevention occurs after an illness, when a defect is stabilized or fixed and determined to be irreversible. Examples include: caring for someone with a chronic disease; referring patient with colostomy to support group; teaching patient with diabetes to identify and prevent complications ( heart disease); referring patient with spinal cord injury to a rehab to receive training to maximize his remaining abilities. Understand who the older adult is and physiological/psychological changes: Successful psychological aging is reflected in the older person’s ability to adapt to physical, social, and emotional losses and to achieve contentment, serenity, and life considerations. The older adult continues to learn and problems solve and intelligence and personality remain as they have always been. A person’s social ability does not change during the course of their life: if you were a young extrovert/introvert you will be an old extrovert/introvert. Wisdom increases as we age. As a person becomes older they go through physiological and psychosocial changes. Some physical changes are visible and some are not. In general lean body mass decreases, fat tissue increases, and bone mass decreases. Intracellular fluid decreases which can cause dehydration. Skin becomes drier and less elastic and they become more susceptible to skin tears. Bony prominences may become visible. There is a loss of overall stature and osteoporosis can occur in people who have insufficient intake of calcium and in women who have been through menopause. There is a steady decrease in muscle fibers. Reaction time slows. There is loss of visual acuity and progressive loss of hearing and reduced elasticity and increased rigidity of arteries and an increase in blood pressure. Orthostatic hypotension is common. GI changes include increase in indigestion and constipation. There is increase in frequency and urgency of urination and incontinence in many older adults. Decreased immune response and lowered resistance to infection is normal. Many older people have decreased thyroid function and increased insulin resistance. Respiratory efficiency is reduced with age. Older adults may experience many health problems including physical injuries and chronic disabling disease, and dementia. Psychologically people have much to adapt to as they become older. Some of these things are 1) Retirement – this is often a difficult time of adjustment for people. Many have a sense of self worth from working and lose a sense of identity when they stop working. Income decreases sometimes by 35% during this time. 2) Economic Change- Decrease in finances related to retirement and lack of pension plans/savings. Health care costs skyrocket because of increase in illnesses. This decrease in monetary resources can cause older people to become less independent. This causes them to lose self esteem and become depressed. 3) Grand-parenting: At this time in life older people become grandparents and are able to provide support to younger family members in a number of ways. 4) Relocating- many people move closer to their children for general support and supervision. This is a very big stressor. Older adults can either live with their children; live in assisted living, live at home with adult day care, live in a long term care facility or in private group homes. ) Maintaining Independence and Self Esteem- This is a big one. Elders thrive on independence and it is important for them to be able to maintain their self esteem. The more they can do for themselves the better. 5) Facing Death and Grieving as people age the chance of their spouse dying increases. Friends and family members die and this is a period of adjustment and grieving. The older person has feeli ngs of loss, emptiness and loneliness during this time. According to Erickson the developmental task at this time is ego vs. despair. People who attain ego integrity view life with a sense of wholeness and derive satisfaction from past accomplishments. This is the time of life where many older people start focusing on their faith and spirituality. Most people start an internal life review and seriously start thinking about their own imminent death. Caregiver Role Strain†¦what is it? What nursing interventions would the nurse provide? (P. 137) Caregiver role strain is when they have physical, emotional, social, and financial burdens that can seriously jeopardize their own health and well-being. Nursing intervention would be to encourage caregivers to express their feelings and at the same time convey understanding about the difficulties associated with caregiving and acknowledge the caregivers competence. Through conversation with the caregiver assess areas where assistance may be desired or need. Identify possible source of help. Like volunteer (family, neighbor, friends, church, caregiver support groups) or agency sources (home health aide, meals on wheels, day care, transportation, and counseling and social services. Remind the caregiver of the importance of caring for themselves. Know about these nursing diagnoses: Coping Ineffective, Fear, Anxiety (PP. 1069-1070) NANDA diagnostic labels related to stress, adaptation, and coping: Anxiety: Vague, uneasy feeling of discomfort or dread accompanied by an automatic response (the source often nonspecific or unknown to the individual); a feeling of apprehension caused by the anticipation of danger. It is an alerting signal that warns of impending danger and enables the individual to take measures to deal with a threat. Fear: response to perceived threat is consciously recognized as a danger. Ineffective Coping: Inability to from a valid appraisal of the stressors, inadequate choices of practiced responses, and/or inability to use resources. Terms associated with assessment of pulse (CHP 29, PP. 538-540) Assessment of pulse: Terms Locations: Temporal, carotid, apical, brachial, radial, femoral, popliteal, posterior tibial, pedal (dorsalis pedis) Pulse: wave of blood created by contraction of the left ventricle of the heart. Cardiac output: volume of blood pumped into the arteries by the heart and equals Stroke Volume (SV) X Heart Rate (HR) per minute. Compliance: ability of the arteries to expand Peripheral pulse: pulse located away from the heart Apical Pulse: central pulse; apex of the heart (PMI) point of maximal impulse Palpation: feeling Auscultation: hearing DUS: Doppler ultrasound stethoscope Tachycardia: excessively fast heart rate ( over 100 BPM in an adult). Bradychardia: A heart rate less than 60 BPM in an adult. Pulse rhythm: pattern of the beats and the intervals between beats. Dysrhythmia/arrythmia: irregular rhythm. Pulse volume: pulse strength or amplitude, refers to the force of the blood with each beat. Elasticity of the arterial wall: reflects its expansibility or its deformities. Perfusion: blood flow to a particular area of the body Understand different tools for therapeutic communication: (P. 469-470 box 26-2) Broad opening statement General leads Reflecting/paraphrasing Sharing observations Acknowledging feelings Silence Giving information Clarifying Implied verbal communication Summarizing Focusing (from power point #18 in communication) further information can be found on pg. 469 and 470 box 26-2 Different domains of learning: cognitive, affective, psychomotor: (P. 89) Cognitive domain the â€Å"thinking† domain, includes six intellectual abilities and thinking processes beginning with knowing, comprehending, and applying to analysis, synthesis, and evaluation. Affective domain the â€Å"feeling† domain is divided into categories that specify the degree of a â€Å"person’s depth of emotional response to tasks†. Psychomotor domain the â€Å"skil l† domain, includes motor skills such as giving an injection. Know normal vital signs for the adult and older adult. Average range for adults: (P. 529) 96. 8-100. 4. Older adults (gt;75) are at risk for hypothermia ( temperatures

Inflation Persuasive Essay Example For Students

Inflation Persuasive Essay Over the last century many countries throughout the world have experiencedinflation as their major economic problem. Expensive wars have traditionally beenrecognized as the sources of inflation. Governments, in effort to squeeze more productionout of an economy, have often resorted to printing or releasing more money to finance thepurchase of arms and soldiers1. In an economy already producing at full capacity, theissuing of additional money serves to bid up the prices of the output of the economy,resulting in inflation. It was generally assumed from past experience, that once theeconomy returned to its normal state, the persistent tendency for overall prices to risewould disappear, bringing inflation rates back to normal. World War II brought thepersistent inflation that economists came to expect. In the 50s and early 60s inflationresumed to very low rates concomitant with large growth increases and lowunemployment. But, from 1967 to 1974 the rates of inflation reached alarming proportionsin many countries, such as Japan and Britain, for no apparent reason. This acceleration ininflation has forced many economists to reevaluate their views, and often align themselveswith a specific school of thought regarding the causes and cures for inflation. There are two opposite theories regarding inflation. Monetarism indicates thatinflation is due to increases in the supply of money. The classic example of thisrelationship is the inflation that followed an inflow of gold and silver into Europe, resultingfrom the Spanish conquest of the Americas. According to monetarists, the only way tocure inflation is by government action to reduce growth of the money supply. At the other end is the cost-push theory. Cost-pushers believe that the source ofinflation is the rate of wage increases. They believe that wage increases are independent ofall economic factors, and generally are determined by workers and trade unions. Morespecifically, inflation occurs when the wages demanded by trade unions and workers addup to more than the economy is capable of producing. Cost- pushers advocate limiting thepower of trade unions and using income policies to help fight off inflation. In between the cost-push and monetarism theory is Keynesianism. Keynesiansrecognize the importance of both the money supply and wage rates in determininginflation. They sometimes advise using monetary and incomes policies as complimentarymeasures to reduce inflation, but most often rely on fiscal policy as the cure. Before we can understand the policies suggested by these different schools ofthought, we must look at the historical development of our understanding of inflation. For approximately 200 years before John Maynard Keynes wrote the GeneralTheory of Employment, Interest , and Money, there was a broad agreement amongeconomists as to the sources of inflationary pressure, known as the quantity theory ofmoney2. The Quantity theory of money is easily understood through fishers equationMV=PY( money supply times velocity of circulation of money equals pricetimes real income)Quantity theorists believe that over an extended period of time the size of M, themoney supply, cannot affect the overall economic output, Y. They also assume that for allpractical purposes V was constant because short term variations in the circulations ofmoney are short lived, and long term changes in the velocity of circulation are so small asto be inconsequential . Lastly, this theory rests on the belief that the supply of money is inno way determined by the economic output or the demand for money itself.The central prediction that can now be made is that changes in the money supplywill lead to equiproportionate changes in prices. If the money supply goes up thenindividuals initially find themselves with more money. Normally individuals will tend tospend most of their excess money. .u983a0b1eb9101a9747477c0bf3442982 , .u983a0b1eb9101a9747477c0bf3442982 .postImageUrl , .u983a0b1eb9101a9747477c0bf3442982 .centered-text-area { min-height: 80px; position: relative; } .u983a0b1eb9101a9747477c0bf3442982 , .u983a0b1eb9101a9747477c0bf3442982:hover , .u983a0b1eb9101a9747477c0bf3442982:visited , .u983a0b1eb9101a9747477c0bf3442982:active { border:0!important; } .u983a0b1eb9101a9747477c0bf3442982 .clearfix:after { content: ""; display: table; clear: both; } .u983a0b1eb9101a9747477c0bf3442982 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u983a0b1eb9101a9747477c0bf3442982:active , .u983a0b1eb9101a9747477c0bf3442982:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u983a0b1eb9101a9747477c0bf3442982 .centered-text-area { width: 100%; position: relative ; } .u983a0b1eb9101a9747477c0bf3442982 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u983a0b1eb9101a9747477c0bf3442982 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u983a0b1eb9101a9747477c0bf3442982 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u983a0b1eb9101a9747477c0bf3442982:hover .ctaButton { background-color: #34495E!important; } .u983a0b1eb9101a9747477c0bf3442982 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u983a0b1eb9101a9747477c0bf3442982 .u983a0b1eb9101a9747477c0bf3442982-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u983a0b1eb9101a9747477c0bf3442982:after { content: ""; display: block; clear: both; } READ: Procrastination: Should I Do it now, or wait till Essay The attempt of people to buy more than they normallydo must result in the bidding up of prices because of the competitive nature of the market,inflation. Also essential to the quantity theory is the belief that in a competitive market,where wages and prices are free to fluctuate, there would be an automatic tendency forthe market to correct itself and full employment to be established. In figure 1, w stands for the real wage rate (the amount of goods and services thatan individuals money income can buy), L d for the demand for labor and L s for the supplyfor labor. Suppose now that the economic system inherited a real wage rate w 1, Thesupply of