Law of consideration

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It will be necessary to give special reference to the law of consideration in dealing with both cases so as to give a careful determination on whether Paul should pay the extra money to the contractors or the bonus to his staff.When identifying what consideration is, it will also be right to consider if the rules of consideration were met in this case so as to help in deciding whether Bookworm Ltd. should pay both parties the agreed extra amounts or bonuses. In consideration, a promise made by deed is binding, and a promise in a 'simple' contract, that is; not by deed, is binding if it is supported by consideration. It is however important to note that a promise not supported by consideration, is not binding. It is also important to note that consideration must be something of value in the eyes of the law, though it does not need to be adequate. Value is interpreted as economic value and not moral obligation, as can be referred to the case of Thomas V Thomas, whereby Mrs. Thomas' payment of £1 per year to her late husband's executors to live in the house for the rest of her life, was held by the court as sufficient consideration.We could apply to this case some of the rules of consideration that state that consideration must move from the promisee and that it must not be past. As promises to perform existing duties are considered insufficient consideration, that is, not consideration, it can be argued that Paul was not bound to pay his employees the bonus he had promised them as first of all, his employees had not been promised by him before they had transferred the books into the new warehouse that he will pay them a bonus. The promise to pay his staff the £50 bonus was made later on that night after he was so pleased at the speed at which they had shifted the books into the new warehouse. This can be considered as a 'gratuitous' act and not valid consideration as the promise was not made to the employees before they had commenced the work. This situation can be likened to the case of Re McArdle (151), whereby a certain woman had sued a family that had promised to reimburse her for the work that she had done on their house, but the family had failed to keep their promise and not paid her. The woman lost the case as she had not provided no consideration on the promise to pay since she had carried out the work before the promise was made and therefore was considered by the courts as past consideration. Furthermore, it can further be argued that these employees were already in the employ of Bookworm Ltd., and were therefore simply performing their 'legal' duty. The case of Stilk v Myrick (180) also comes into play as the workers had not done anymore than they were obliged to do by their contracts. There was no consideration for the additional wages (bonuses). In the situation of the Bookworm Ltd workers, there was no prior request or expectation of a bonus payment.To consider if Paul is supposed to pay Bricks & Mortar or not, we can reflect on the cases of Stilk V Myrick (180) and the Williams v Roffey Bros & Nicholls Ltd. In the former case, that is, Stilk v Myrick, the remaining crew members of a ship were not paid the additional wages promised to them as their case was not regarded as good consideration. In that particular scenario, two of the ship's crew that had been contracted for a voyage from London to the Baltic, deserted in Cronstad. The captain promised to divide up the deserters' wages if the remaining crew took the ship back to London shorthanded. On arrival the owners refused to pay and the case was held by the courts whereby it was considered that the remaining crew had not done any more than they were already obliged to do by their contracts. There was no consideration for the additional wages.However, in a controversial Court of Appeal decision of 10 in the case of Williams v Roffey Bros & Nicholls Ltd, it seemed to abolish the requirement that any variation to an existing contract needs to be supported by fresh consideration. The contractors were able to enforce a promise to pay extra if work was completed on time under an existing contract. They were said to have provided practical benefit to the defendants. In the case of Bookworm Ltd against Bricks & Mortar we could apply the same principle and mention that Bricks & Mortars' fresh promise to finish the work that they were contracted to do on time, conferred a 'practical benefit' on Bookworm Ltd which was consideration for Paul's promise to pay the extra money to have the job completed on time. Furthermore, Bricks & Mortar had not acted unconscionably, for example, by exercising fraud or duress upon Paul. This can further be supported in the case Currie v Misa (1875) which supports the fact that a valuable consideration, may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.We could also consider the case of Glasbrook Brothers Ltd v Glamorgan County council [15], whereby the courts held that the police were simply performing their legal duty, and therefore the public, who pay for the protection provided for by the police through rates and taxes, could not be called upon to make further payments for what was considered their right. However if a member of the public desires services of a special kind from the police, they (the police) may provide the necessary constables for that purpose in consideration of payment. The House of Lords ruled that Glasbrook was obliged to pay the Police because it had provided more protection than they reasonably thought necessary. Going back to our reference on the Williams v Roffey Bros case, it could be stated that the same situation applied to the Bookworm and Bricks & mortar scenario as according to the judgement formerly made by the Court of Appeal, it held that, where X makes a further promise to Y in return for Y's promise to perform his contractual obligations already owed to X, and as a result of Y's promise or performance, X obtains a practical benefit, Y provides good consideration for X's further promise.The facts, arguments and cases presented above, could therefore lead one to come up with the conclusion that in the case of Bricks & Mortar, Paul had an obligation to fulfil the payment by due reason of the fact that the fresh agreement superceded the original contract. In the case of his workers, the case could be ruled in his favour on the grounds that he made the promise to them regarding payment of the bonuses later on after they had done the work. It could however be argued that the workers exceeded the expected time to transfer the books into the new warehouse and therefore they did something extra than what was required of them, but the fact remains that they were under no pressure from Paul and neither had they previously been promised any bonuses then. Bibliography1. R Card and J James 00. Law for Accountancy Students, seventh edition, The Bath Press.. D. Keenan 000. Advanced Business Law, Eleventh Edition, Longman Pearson Education Ltd.. T Weir 000. A case book on Tort, Ninth Edition, Sweet and Marxwell London. Please note that this sample paper on law of consideration is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. 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Hemp feilds

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STALK FOR FABRIC, FUEL, PAPER & COMMERCIAL USE. Hemp is dried and broken down into two parts threadlike fibers and bits of hurd, or pulp. Each of these products has its own distinct applications SEEDS FOR OIL & FOOD Hemp seeds produce oil for cooking, lubrication, fuel, etc. The seed is a cholesterol-lowering source of full protein. Leaves and flowers are also edible. The long bark fiber is cleaned and spun into threads and yarn for rope or knit or woven into a variety of durable, high-quality textiles for clothing, canvas and fabrics of many types and textures. FOLIAGE FOR MEDICINE, FOOD & RELAXATION. Cannabis has important medical value for easing pain, relieving stress and treating illnesses from glaucoma to cancer to nausea to AIDS and beyond. Hemp flowers and leaves are smoked or eaten for many theraputic, religious and relaxational purposes. The inner core that remains is called hemp hurds, with cellulose for tree-free, dioxin-free paper; nontoxic paints and sealants; industrial fabrication materials construction materials; hemi-ceilulose for plastic, and much more! Hemp is the best sustainable source of plant pulp for biomass fuel to make charcoal, gas, methanol, gasoline or even produce electricity. ROOTED IN NATURE Even the hemp roots play an important role they anchor and aerate the soil to control erosion and mudslides. Hemp can save family farms, create jobs, reduce acid rain and chemical pollution, and reverse the greenhouse effect.So much evidence has accumulated that even the DEA admits that marijuana is not a gateway drug. Legalizing hemp/marijuana will reduce our hard drug related crimes significantly. Its time to end the folly of a fraudulent War on HEMP that has failed in every respect. Policy debates regarding marijuana-law reform invariably raise the issue of marijuana and driving. This is a valid concern. In fact, NORMLs own Principles of Responsible Cannabis Use invoke a no driving clause, stating Although cannabis is said by most experts to be safer than alcohol and many prescription drugs with motorists, responsible cannabis consumers never operate motor vehicles in an impaired condition.Nevertheless, concerns regarding doped driving should not be an impediment to marijuana-law reform. Alcohol is legal in America, yet every state maintains tough laws punishing those who choose to drive impaired by it. There is no reason why similar principles should not regulate cannabis consumption.

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Moreover, emerging scientific research indicates that cannabis actually has far less impact on the psychomotor skills needed for driving than alcohol does, and is seldom a causal factor in automobile accidents. The following documents provide a comprehensive overview of the scientific evidence regarding marijuanas impact on psychomotor skills and driving.Marijuanas therapeutic uses are well-documented in modern scientific literature. The studies indicate that marijuana provides symptomatic relief for a number of medical conditions, including nausea and vomiting, stimulating appetite, promoting weight gain, and diminishing intraocular pressure from glaucoma. There is also evidence that smoked marijuana and/or THC reduces muscle spasticity from spinal cord injuries and multiple sclerosis, and diminishes treMyth MaMyth Marijuana Causes Chromosome and Cell Damage rijuana toptopMyth Pot Causes High Blood PressureDamages the Immune System mors in multiple sclerosis patients. Patients and physicians have also reported that smoked marijuana provides relief from migraine headaches, depression, seizures, insomnia and chronic pain, among other conditions.In 17, a Congressionally created commission called the National Commission on Marihuana and Drug Abuse, whose members were appointed by then-President Richard Nixon, completed one of the most comprehensive reviews ever undertaken regarding marijuana and public policy. Their report, Marihuana A Signal of Misunderstanding, proclaimed that from what is now known about the effects of marihuana, its use at the present level does not constitute a major threat to public health, and recommended Congress and state legislatures decriminalize the use and casual distribution of marijuana for personal use.Any discussion of marijuana should begin with the fact that there have been numerous official reports and studies, every one of which has concluded that marijuana poses no great risk to society and should not be criminalized. These include the National Academy of Sciences Analysis of Marijuana Policy(18); the National Commission on Marihuana and Drug Abuse (the Shafer Report) (17); the Canadian Governments Commission of Inquiry (Le Dain Report) (170); the British Advisory Committee on Drug Dependency (Wooton Report) (168); the La Guardia Report (144); the Panama Canal Zone Military Investigations (116-); and Britains monumental Indian Hemp Drugs Commission (18-4).It is sometimes claimed that there is new evidence showing marijuana is more harmful than was thought in the sixties. In fact, the most recent studies have tended to confirm marijuanas safety, refuting claims that it causes birth defects, brain damage, reduced testosterone, or increased drug abuse problems.The current consensus is well stated in the 0th annual report of the California Research Advisory Panel (10), which recommended that personal use and cultivation of marijuana be legalized An objective consideration of marijuana shows that it is responsible for less damage to society and the individual than are alcohol and cigarettes.Marijuana and SmokingA recent survey by the Kaiser Permanente Center found that daily marijuana-only smokers have a 1% higher rate of respiratory complaints than non-smokers.1 These findings were not surprising, since it has long been known that, aside from its psychoactive ingredients, marijuana smoke contains virtually the same toxic gases and carcinogenic tars as tobacco. Human studies have found that pot smokers suffer similar kinds of respiratory damage as tobacco smokers, putting them at greater risk of bronchitis, sore throat, respiratory inflammation and infections. Myth Pot Kills Brain Cells Government experts now admit that pot doesnt kill brain cells.1 This myth came from a handful of animal experiments in which structural changes (not actual cell death, as is often alleged) were observed in brain cells of animals exposed to high doses of pot. Many critics still cite the notorious monkey studies of Dr. Robert G. Heath, which purported to find brain damage in three monkeys that had been heavily dosed with cannabis. This work was never replicated and has since been discredited by a pair of better controlled, much larger monkey studies, one by Dr. William Slikker of the National Center for Toxicological Research and the other by Charles Rebert and Gordon Pryor of SRI International.4 Neither found any evidence of physical alteration in the brains of monkeys exposed to daily doses of pot for up to a year. Human studies of heavy users in Jamaica and Costa Rica found no evidence of abnormalities in brain physiology.5 Even though there is no evidence that pot causes permanent brain damage, users should be aware that persistent deficits in short-term memory have been noted in chronic, heavy marijuana smokers after 6 to 1 weeks of abstinence.6 It is worth noting that other drugs, including alcohol, are known to cause brain damage. There is no scientific evidence for the theory that marijuana is a gateway drug. The cannabis-using cultures in Asia, the Middle East, Africa and Latin America show no propensity for other drugs. The gateway theory took hold in the sixties, when marijuana became the leading new recreational drug. It was refuted by events in the eighties, when cocaine abuse exploded at the same time marijuana use declined. As we have seen, there is evidence that cannabis may substitute for alcohol and other hard drugs. A recent survey by Dr. Patricia Morgan of the University of California at Berekeley found that a significant number of pot smokers and dealers switched to methamphetamine ice when Hawaiis marijuana eradication program created a shortage of pot.1 Dr. Morgan noted a similar phenomenon in California, where cocaine use soared in the wake of the CAMP helicopter eradication campaign.The one way in which marijuana does lead to other drugs is through its illegality persons who deal in marijuana are likely to deal in other illicit drugs as well. Decriminalization The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.Medical marijuana This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuanas medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORMLs Medical Marijuana section. TALKING POINT # Decriminalization does not lead to greater marijuana use. Government studies conclude that marijuana decriminalization has had virtually no effect on either marijuana use or beliefs and related attitudes about marijuana among American young people in those states that have enacted such a policy. Citizens who live under decriminalization laws consume marijuana at rates less than or comparable to those who live in regions where the possession of marijuana remains a criminal offense. Rates of hard drug use (illicit drugs other than marijuana) among emergency room patients are substantially higher in states that have not decriminalized marijuana use. Experts speculate that this is because the lack of decriminalization may encourage the greater use of drugs that are even more dangerous than marijuana. MYTHMARIJUANAS HARMS HAVE BEEN PROVED SCIENTIFICALLY. In the 160s and 170s, many people believed that marijuana was harmless. Today we know that marijuana is much more dangerous than previously believed. FACTIn 17, after reviewing the scientific evidence, the National Commission on Marihuana and Drug Abuse concluded that while marijuana was not entirely safe, its dangers had been grossly overstated. Since then, researchers have conducted thousands of studies of humans, animals, and cell cultures. None reveal any findings dramatically different from those described by the National Commission in 17. In 15, based on thirty years of scientific research editors of the British medical journal Lancet concluded that the smoking of cannabis, even long term, is not harmful to health.MYTHMARIJUANA HAS NO MEDICINAL VALUE. Safer, more effective drugs are available. They include a synthetic version of THC, marijuanas primary active ingredient, which is marketed in the United States under the name Marinol.FACTMarijuana has been shown to be effective in reducing the nausea induced by cancer chemotherapy, stimulating appetite in AIDS patients, and reducing intraocular pressure in people with glaucoma. There is also appreciable evidence that marijuana reduces muscle spasticity in patients with neurological disorders. A synthetic capsule is available by prescription, but it is not as effective as smoked marijuana for many patients. Pure THC may also produce more unpleasant psychoactive side effects than smoked marijuana. Many people use marijuana as a medicine today, despite its illegality. In doing so, they risk arrest and imprisonment.MYTHMARIJUANA IS HIGHLY ADDICTIVE. Long term marijuana users experience physical dependence and withdrawal, and often need professional drug treatment to break their marijuana habits.FACTMost people who smoke marijuana smoke it only occasionally. A small minority of Americans - less than 1 percent - smoke marijuana on a daily basis. An even smaller minority develop a dependence on marijuana. Some people who smoke marijuana heavily and frequently stop without difficulty. Others seek help from drug treatment professionals. Marijuana does not cause physical dependence. If people experience withdrawal symptoms at all, they are remarkably mild.MYTHMARIJUANA KILLS BRAIN CELLS. Used over time, marijuana permanently alters brain structure and function, causing memory loss, cognitive impairment, personality deterioration, and reduced productivity.FACTNone of the medical tests currently used to detect brain damage in humans have found harm from marijuana, even from long term high-dose use. An early study reported brain damage in rhesus monkeys after six months exposure to high concentrations of marijuana smoke. In a recent, more carefully conducted study, researchers found no evidence of brain abnormality in monkeys that were forced to inhale the equivalent of four to five marijuana cigarettes every day for a year. The claim that marijuana kills brain cells is based on a speculative report dating back a quarter of a century that has never been supported by any scientific study.MYTHMARIJUANA CAUSES AN AMOTIVATIONAL SYNDROME. Marijuana makes users passive, apathetic, and uninterested in the future. Students who use marijuana become underachievers and workers who use marijuana become unproductive.FACTFor twenty-five years, researchers have searched for a marijuana-induced amotivational syndrome and have failed to find it. People who are intoxicated constantly, regardless of the drug, are unlikely to be productive members of society. There is nothing about marijuana specifically that causes people to lose their drive and ambition. In laboratory studies, subjects given high doses of marijuana for several days or even several weeks exhibit no decrease in work motivation or productivity. Among working adults, marijuana users tend to earn higher wages than non-users. College students who use marijuana have the same grades as nonusers. Among high school students, heavy use is associated with school failure, but school failure usually comes first.MYTHMARIJUANA IMPAIRS MEMORY AND COGNITION. Under the influence of marijuana, people are unable to think rationally and intelligently. Chronic marijuana use causes permanent mental impairment.FACTMarijuana produces immediate, temporary changes in thoughts, perceptions, and information processing. The cognitive process most clearly affected by marijuana is short-term memory. In laboratory studies, subjects under the influence of marijuana have no trouble remembering things they learned previously. However, they display diminished capacity to learn and recall new information. This diminishment only lasts for the duration of the intoxication. There is no convincing evidence that heavy long-term marijuana use permanently impairs memory or other cognitive functions.MYTHMARIJUANA CAUSES CRIME. Marijuana users commit more property offenses than nonusers. Under the influence of marijuana, people become irrational, aggressive, and violent.FACTEvery serious scholar and government commission examining the relationship between marijuana use and crime has reached the same conclusion marijuana does not cause crime. The vast majority of marijuana users do not commit crimes other than the crime of possessing marijuana. Among marijuana users who do commit crimes, marijuana plays no causal role. Almost all human and animal studies show that marijuana decreases rather than increases aggression.MYTHMARIJUANA IS MORE DAMAGING TO THE LUNGS THAN TOBACCO. Marijuana smokers are at a high risk of developing lung cancer, bronchitis, and emphysema.FACTModerate smoking of marijuana appears to pose minimal danger to the lungs. Like tobacco smoke, marijuana smoke contains a number of irritants and carcinogens. But marijuana users typically smoke much less often than tobacco smokers, and over time, inhale much less smoke. As a result, the risk of serious lung damage should be lower in marijuana smokers. There have been no reports of lung cancer related solely to marijuana. However, because researchers have found precancerous changes in cells taken from the lungs of heavy marijuana smokers, the possibility of lung cancer from marijuana cannot be ruled out. Unlike heavy tobacco smokers, heavy marijuana smokers exhibit no obstruction of the lungs small airway. That indicates that people will not develop emphysema from smoking marijuana.MYTHMARIJUANA USE IS A MAJOR CAUSE OF HIGHWAY ACCIDENTS. Like alcohol, marijuana impairs psychomotor function and decreases driving ability. If marijuana use increases, an increase in of traffic fatalities is inevitable.FACTThere is no compelling evidence that marijuana contributes substantially to traffic accidents and fatalities. At some doses, marijuana affects perception and psychomotor performances- changes which could impair driving ability. However, in driving studies, marijuana produces little or no car-handling impairment- consistently less than produced by low moderate doses of alcohol and many legal medications. In contrast to alcohol, which tends to increase risky driving practices, marijuana tends to make subjects more cautious. Surveys of fatally injured drivers show that when THC is detected in the blood, alcohol is almost always detected as well. For some individuals, marijuana may play a role in bad driving. The overall rate of highway accidents appears not to be significantly affected by marijuanas widespread use in society.

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Closed Captioning

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Just as a caption in a book is the text under a picture, captions on video are text located somewhere on the picture. Since there is no way for a television to put text outside the area of the picture tube, captions do end up covering a portion of the picture (there are non-broadcast applications where this can be done). CLOSED captions are captions that are hidden in the video signal, invisible without a special decoder. The place they are hidden is called line 1 of the vertical blanking interval (VBI). OPEN captions are captions that have been decoded, so they have become an integral part of the television picture, like subtitles in a movie. In other words, open captions cannot be turned off. The term open captions is also used to refer to subtitles created with a character generator.How can I see closed captions on my television?There are two ways to accomplish this by using an external decoder, or by using a television with a decoder built in. External decoders are available from several sources, and a law in the United States called the Television Decoder Circuitry Act of 10 mandates that since July 1, all televisions manufactured for sale in the U.S. must contain a built-in caption decoder if the picture tube is 1 or larger. All decoders in North America are Line 1 decoders, named for the place where the captions are encoded. Can I get captions with cable TV?Absolutely. Since the caption data is hidden in the picture, it will reach you no matter how the TV signal gets to your set. There are problems from time-to-time with delivery of captions on the lower-budget cable systems, however. Much of this comes from the use of equipment that either cleans up or compresses the television signal, losing the VBI (where the captions are carried) when it is done.Cable TV companies are, however, required by the FCC to maintain captioning information. If you see a show through cable that you know to have captions, and the captions arent coming through for you, contact the cable TV company and remind them of this!Can I get captions from a satellite dish?Yes. Just like with cable TV, the caption data is hidden in the picture, it will reach you no matter how the TV signal gets to your set. This is true both of the big dishes used for traditional analog satellite broadcasts, and the DSS (Digital Satellite Service) dishes used by companies like USSB and DirecTV. What are CC1 and CC?Decoders were originally designed to allow for captioning in more than one language, although we dont see much of it (60 Minutes, which is captioned in English and Spanish, is an exception). Line 1, where the captions are carried, is split into two fields. Field one carries two caption channels, CC1 and CC. Field two carries the other two, CC and CC4. Who do I talk to if I want my favorite show to be captioned?If your favorite show doesnt have captions, and youd like it to, your first step is to find out who produces it. If it is a national show, it will be more effective to contact the network and/or the production company than to contact your local television station, although it never hurts to do both. In either case, ask for the public relations department first. If they cant take care of you, they can always direct you to someone who can. If you are attempting to start a large-scale lobbying effort to get captions on a show, make sure you have facts and figures before you contact the station. Be prepared to tell them how many deaf and hard-of-hearing viewers there are in the area, which of their advertisers have captioning, and what their competitors are doing in that time slot. See if there are any applicable laws mandating captioning. You can even track down captioning firms and provide the station with their names and phone numbers (make sure to provide more than one, or it will look like the captioning firm is orchestrating your efforts). Petitions are highly effective as well. How many people have televisions with caption decoders? As of July 1, when the Television Decoder Circuitry Act took effect, roughly 500,000 standalone decoders had been sold (almost all from NCI), and roughly 1,000,000 televisions with caption decoders (mostly from Zenith). Since that date, roughly 0,000,000 televisions per year are being sold with caption decoders in them. That would indicate that there are close to 150,000,000 TVs with decoders in North America (as of early 001). That number, of course, doesnt take replacement televisions into account, so the actual number is probably lower.The Caption Center predicted that every home in the United States would have a caption-capable television set by the year 000. Were certainly not there yet, but were mighty close.Where do captions come from?Captions can be placed on a video signal in one of two ways Online (live) or Offline (post-production). Online captioning is done as an event occurs. Examples of online captioning are television news shows, live seminars, and sports events. Online captions can be done from a script, or actually created in real-time (see the next question). Offline captioning is done after the fact, in a studio. Examples of offline captioning include television game shows, videotapes of movies, and corporate videotapes (e.g., training videos). The text of the captions is created on a computer, and synchronized to the video using time codes. They are then transferred to the videotape before it is broadcast or distributed. Why are there different icons to denote captioned programs? You will often see an icon in the corner of the screen at the beginning of a captioned program, but not all shows use the same one for trademark reasons. The CC (with or without the rounded rectangle surrounding it) is a generic icon, which can be used by any company. Camera-ready artwork for this icon is available from the Caption Center and from VITAC. This icon, which looks like a comic strip's speech balloon (a rounded rectangle with a small "tail" protruding below) is a registered mark of the National Captioning Institute (NCI), and is only used for productions that are captioned by NCI. Other icons are used for captioning in other countries and other languages as well. There is, for example, a new icon being used for Spanish-language captioning in Puerto Rico. What does the ADA say about captioning? The Americans with Disabilities Act (ADA) specifically mandates that all government-funded public service announcements must be captioned. That is about the end of the specific mention of captioning. There are a lot of implied requirements, however, which are yet to be tested in court, despite the fact that the ADA was enacted in 1. There is some question regarding captioning of things like City Council meetings.When will all U.S. television programming have to be captioned?All new (aired for the first time on or after 1/1/18) video programming must be captioned by 1/1/006. This is a phase-in, requiring 5% of programming by 1/1/000, 50% by 1/1/00, and 75% by 1/1/004. For old programming (aired for the first time before 1/1/18), 0% must be captioned by 1/1/00, and 75% by 1/1/008. With Spanish-language programming, the deadline is 010 for new programming and 01 for old programming. Why do captions sometimes jump around the screen?Caption placement is a tricky part of captioning. The location of the captions can indicate who is speaking, and they also move around to keep from covering important information. Why is captioning almost always in uppercase (capitals)?

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Numerous studies have shown that mixed-case text is easier to read than all uppercase. Virtually all captioning in North America is done in uppercase only, however, because the resolution of the caption decoders caused some pretty ugly lowercase letters. For example, there are no descenders available for the lowercase i, j, g, q, and y. This means that these letters are pushed up on the line relative to the other letters, making it harder to read. Mixed-case text is often used to indicate whispering, and is also often used for text that needs to be set apart, such as comments by an off-screen announcer (voice-over), or sound effects. Why do the captions not always match the audio?There are several possible reasons for captions that dont match the audio portion of a program Intentional editing Childrens programs such as Sesame Street or Barney target audiences that dont have well-developed reading skills. The captions are edited down to a reading level that these audiences should be able to follow (usually about 60 words per minute). There are captioning companies that edit other programs for reading speed, which has sparked many interesting debates. Changes to the program When operating under a tight schedule, a program may go to the captioner on videotape before all of the final editing is complete. The dialog may be changed and re-dubbed after the captioning is done. This can lead to captions for dialog that doesnt match, or even doesnt exist in the final tape. Why are there sometimes typos in the captions?Like anything done by a human being, real-time captioning often produces the equivalent of typos. Unlike normal typing, however, steno-captioners can write entire words or phrases with a single hand motion (known as a stroke). A mis-stroke, therefore, wont be an incorrect or missing letter, but can be entirely different words or phrases. A good real-time captioner can work to an accuracy level of better than %, but that does still lead to a couple of mis-strokes per minute. What are those funny white squares I sometimes see?When there are problems with reception, the caption decoder may not be able to retrieve the captions correctly from the VBI of the television picture. That can cause garbled or dropped letters. If the decoder receives something that it interprets as invalid, it will often display it as a solid white square (blob). There is a backspace command on newer decoders that displays on some older decoders as a white square as well. How are real-time captions generated? Real-time captions are performed by steno-captioners, who are court reporters with special training. They use a special keyboard (called a steno keyboard or shorthand machine) to write what they hear as they hear it. Unlike a traditional QWERTY keyboard, a steno keyboard allows more than one key to be pressed at a time. The basic concept behind machine shorthand is phonetic, where combinations of keys represent sounds, but the actual theory used is much more complex than straight phonics. Steno-captioners are capable of writing at speeds of up to 50 words per minute, or even faster in short bursts. The steno then goes into a computer system, where it is translated into text and commands. The captioning software on the computer formats that stream of text into captions, and sends it to a caption encoder. This can be done either directly, or over the telephone using modems. Can captioners replace sign interpreters at live events?Certainly not. Captioners and sign interpreters address two different groups of people. Prelingually deaf (or culturally Deaf) people have sign language (usually ASL) as their first language. English came later. They will be much more comfortable with an interpreter, and their comprehension level will be higher. For someone accustomed to ASL, English is quite limited in its expression, and written English is very dry. Additionally, a Deaf person who has spent most of their life communicating in ASL may not have developed the reading speed necessary to follow captions in real-time. Postlingually deaf people (or late-deafened adults) learned English before they learned to sign, if they learned to sign at all. For these people, captions will provide a far greater comprehension level. Of the deaf and hard of hearing population in the United States, roughly 10% actually know sign language. Captions benefit the rest. Each method of communication has its strengths. For example, in a speech with heavy use of proper names and specialty terminology, it may be easier to follow captions than a frantically finger spelling sign interpreter. The maximum flow of information and comprehension will occur when sign interpreters and captioners work together at the event. What skills do I need for real-time captioning?You need to be able to write real-time at speeds well in excess of 5 words per minute, with a total error rate (TER) of under 1.5% to get started. You should have extensive training, on your own and through seminars, to be able to write steno in ways that will differentiate homophones, synonyms, and unfamiliar words, at high speeds and with precision. The National Court Reporters Association CRR (Certified Real-time Reporter) exam is a good start to see if you have the necessary speed and accuracy, even though it tests to a 4.0% TER rather than a 1.5%. Vocabulary is critical. You must have a well-developed court reporting dictionary, containing all of the specialty terminology for whatever you will be captioning, plus general terms that might come up. Focus heavily on geopolitical terminology. The following is an abbreviated (yes, abbreviated) copy of what should be in an American news captioners dictionary, courtesy of Patty White and Kevin Daniel U.S. Presidents (past and present and potential), First Ladies, Cabinet Members, U.S. Senate, U.S. House of Representatives, National figures (government, religious, entertainment, criminal...), All the countries in the world and their capitals, All the states in the U.S. and their capitals, All other major U.S. cities and not so major U.S. Cities, Geographical information, like mountain ranges, mountain peaks, oceans, rivers, lakes, local creeks, Meteorological terms, weather terms. World leaders, including United Nations leaders, World history terminology, like Tet Offensive, Bolsheviks, Chairman Mao, Major wars, domestic and international, Terms related to world organizations, like NATO, OPEC, etc., Nationalities, and the languages of foreign nations, Supreme Court Justices and important SCOTUS decisions, Military leaders, Joint Chiefs of Staff, military bases, weapons of war, like A-10 tank killers, F-15s, AWACS, Tomahawk missiles, Scud, etc., National Parks, Colleges and Universities and their team names, Local stuff for the area you plan to caption in, landmarks, hospitals, junior colleges, prominent people, etc., All the professional sports teams and their nicknames, players and coaches, Sports terminology, awards, and organizations, both amateur and professional, Makes and models of automobiles, Major businesses, brand names, stock terms and trading organizations, Currencies and major banks around the world, All the colors and their shades and hues, Dog and cat breeds, Foods and their measurements and spices that go in them, Holidays, Christian, Jewish and all other faiths, Special events, like Kwanzaa, Cinco de Mayo, etc., Religious structures, like mosque, temple, etc., Books of the Bible and religions around the world, Basic chemicals, Drug names and manufacturers, both legal and illegal, Common first and last names, World literature, philosophy and religious terms, like Aesop, orthodox, Buddhism, Eucharist, the Brothers Grimm, etc., Political terms, like Glasnost, apartheid, anarchy, propaganda, caucus, expatriate, Kremlin, Parliament, etc., Computer terms, Idioms, like adieu, aloha, de rigueur, fait accompli, modus operandi, etc. How does a real-time captioner handle obscenities?Another issue facing the captioner is curse words. As a general rule of thumb, if the word is in the sound track, it should be in the captions as well. If the producer chooses to bleep the sound track, then bleep the captions, too. Deaf and Hard-of-Hearing viewers should get the same content as hearing viewers.These obscene words must be in the dictionary, because they will come up sooner or later, but they must be carefully defined so that it is virtually impossible to stroke one by accident. One common approach used by a number of captioners is to place the words in the dictionary with an asterisk in the middle of the steno stroke. Beware, though if you remove the word from the dictionary entirely, todays sophisticated phonetic translation systems may produce it anyway if you write it by accident. Put the phonetic way of writing the word in your dictionary as a NULL translation so that if you hit it by accident nothing comes out.Youll need a bleep stroke as well, for when the audio is actually censored.How do I get started in the real-time captioning business?The best way to get started is just like any other business Start calling the leading companies in the field (and the local companies) and see whos hiring. You can also start by working with local chapters of organizations like the Association of Late-Deafened Adults (ALDA), Self-Help for Hard of Hearing People (SHHH), the National Association for the Deaf (NAD), the Alexander Graham Bell Society, and others that may need your services. They pay wont be as good, but the satisfaction level is high. Sometimes the major companies hire people with little or no training under internships or on-the-job-training programs, but theres no substitute for having a little bit of experience behind you. Practice on the kind of material you want to caption, and offer to demonstrate your skills. If you are planning to do work for the television news industry, get to know the business and the terminology before you approach anybody. Make sure your equipment is in place and that you know how to use it. Certification is not required, but is a good thing to have.

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"Severe Acute Respiratory Syndrome" (SARS)

If you order your custom term paper from our custom writing service you will receive a perfectly written assignment on "Severe Acute Respiratory Syndrome" (SARS). What we need from you is to provide us with your detailed paper instructions for our experienced writers to follow all of your specific writing requirements. Specify your order details, state the exact number of pages required and our custom writing professionals will deliver the best quality "Severe Acute Respiratory Syndrome" (SARS) paper right on time.

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"Severe Acute Respiratory Syndrome" (SARS) is a mysterious atypical pneumonia disease due to one or more viruses that started in Southeast Asia in February 00. (1) SARS appears to be a respiratory disease, spread by a corona virus. () It is believed that the virus jumped from animals to humans in southern China. SARS has also affected many other countries including North America and parts of Europe. (1) Many people have already died from SARS. As of April 1, 00, there have been more than 4,000 cases of SARS and 17 deaths reported worldwide. The "Centers for Disease Control and Prevention" (CDC) and the "World Health Organization" (WHO) are taking the matters into their own investigations. () The symptoms of SARS begins with a slight fever greater than 100.4°F and my include headache, shortness of breath, low blood oxygen level and sore throat. Other possible symptoms include loss of appetite, confusion, rash, and diarrhea. After two to seven days, SARS patients may develop a dry cough and have trouble breathing. Symptoms of SARS, is less severe towards younger teens and children. They appear to suffer milder symptoms than adults and older teenagers and they may also be less infectious to other people. (1) In a study conducted by Professor Tai Fai Fok of the Department of Pediatrics at the Chinese University of Hong Kong, Fok studied the first ten children who received treatment for SARS during the early phase of the epidemic there. The young teens, age's betweens 1-16, had symptoms similar to the adult cases, with muscle aches, headaches, chills, and respiratory distress. Cases with the children ages range between 18 months and seven years of age suffered the typical SARS symptoms of fever, coughs and runny nose. () SARS is very contagious disease that spreads from one person to another, like a common cold. Most SARS cases have involved family members or people that are caring for the patient that are carrying the disease, or have had direct contact with infectious materials. A potential way in which SARS can be spread, include touching the skin of other people or objects that are contaminated with infectious droplets and then touching one's eyes, nose, or mouth. This can happen when someone who is sick with SARS coughs or sneezes onto themselves, other people, or nearby surfaces. It is also possible that SARS can be spread more broadly through the air or by other ways that are currently not known. (4) There is also information concerning that SARS may remain on hands and surfaces for several hours. Recommendations by the "Food and Drug Administration" (FDA) states that strict hand-hygiene be enforced among food handlers and within the food processing industry.(8) Also, as with any contagious disease, proper hand washing is an important step everyone can take to reduce the spread of sickness. Wash your hands often with soap and hot water, or an alcohol-based hand sanitizer if water is not available after using the restroom and after sneezing or coughing. In addition, food workers should not handle ready-to-eat foods, such as sandwiches, vegetables and cut fruits, with bare hands, but should use gloves or utensils for an extra level of protection. (8)

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"Public Health Officials" (PHO) have created many strategies to contain the spread of SARS. (5) The two main strategies are isolation and quarantine. To control exposure to infected or potentially infected individuals both are common practices in public places. Isolation and quarantine may be undertaken voluntarily or forced by public health authorities. The two strategies differ in that isolation applies to people who are known to have a disease and quarantine applies to those who have been exposed to a disease, but who may or may not become infected.(1) So far, only one country has contained SARS. On April 8, 00, the WHO declared Vietnam the first country to contain a SARS outbreak within its borders. The WHO officially removed Vietnam from its list of countries affected by SARS after 0 consecutive days passed without a new reported case of the mysterious disease. At the peak of Vietnams SARS outbreak, more than 6 cases of SARS were reported, including five deaths. () Most of the U.S. cases of SARS have occurred among travelers returning to the United States from other parts of the world affected by SARS. There have been very few cases as a result of spread due to close contacts such as family members and health care workers. As of May 7, a total of 8 SARS cases in the United States have been reported from 8 states, although no SARS-related deaths have been reported in the United States. (6) SARS has affected many people and has also affected the global economy as well. For instance, it has made a huge impact on air travel, hotel industries, and many foreign businesses. The SARS outbreak has had a greater impact on tourism in countries like Singapore, Taiwan, Canada, and China. The CDC has been working closely with WHO and other partners to investigate cases of SARS in these countries. (4) The specific diagnose and evaluation for suspected SARS patients should include chest radiograph, pulse oximetry, blood cultures, sputum Grams stain and culture, testing for viral respiratory pathogens, notably influenza A and B, and respiratory syncytial virus. China says antibody offers a way to diagnose SARS. China has received encouraging results from a potential test for SARS that uses antibodies to diagnose the disease. The test looks for an antibody known as IgG, which the body produces in response to the virus that causes SARS. (10) Not much information is currently available on treatment for SARS. The WHO states that a cure may take some time. People with suspected SARS will be treated with medications that are effective against the diseases that cause similar symptoms. SARS can also be prevented by not traveling to places where there are known cases. (4)Also, prevent close contact with someone who is known or suspected to have SARS. (8) Due to the new nature of the disease, there is no vaccination to protect people from SARS. One of the major problems with SARS is that so much remains unknown. An important fact to remember is that all harmful viruses thrive in an acidic and low oxygen environment. Viruses also thrive in a body that has a weakened immune system, one that is dehydrated, malnourished and toxic, so be prepared for SARS and keep the immune system healthy.(7) 1. http//www.cdc.gov/ncidod/sars/. http//www.nlm.nih.gov/medlineplus/severeacuterespiratorysyndrome.html . http//health.discovery.com/centers/allergyasthma/respiratory/SARS.html4. http//www.hc-sc.gc.ca/pphb-dgspsp/sars-sras/index.html5. http//www.cbc.ca/news/background/sars/6. http//www.phls.org.uk/topics_az/SARS/public_page.htm7. http//www.slu.edu/colleges/sph/csbei/emerginginfections/sars/quick.htm8. http//www.fda.gov/oc/opacom/hottopics/sars/. http//news.bbc.co.uk//hi/health/841.stm10. http//www.who.int/csr/sars/diagnostictests/en/ Please note that this sample paper on "Severe Acute Respiratory Syndrome" (SARS) is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on "Severe Acute Respiratory Syndrome" (SARS), we are here to assist you. Your cheap custom college paper on "Severe Acute Respiratory Syndrome" (SARS) will be written from scratch, so you do not have to worry about its originality.

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Utopiab by Sir thomas more

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Utopia by Sir Thomas MoreWhat Is The Difference Between Utopia Book 1 And Book ? What Does Utopia Book 1 and Book reflects? "1515, the Utopian literature began with the first edition of the book entitled Utopia by Sir Thomas More" (504). There are two versions of the Utopia, and the context is somewhat different. Comparing book 1 and book of Utopia, differences do exist.In book 1, inequality is the issue, and it is everywhere in the society. Inequality is a jealousy, demand for equality, and doctrine to justify why some people have more than other. Society where the inequality exists as the main issue, social mobility is likely to happen. It refers to "the movement of individual or groups from one position of a society to another" (571). In addition, unequal distribution of wealth and power are the reasons behind the poor people in the rural area move to urban area with the hope to get a well-pay job so that their life quality would be better. If well pay jobs were readily available in rural area, beggars on the street would not be the case. "Beggars in the street, convicted petty thieves hanging from the gibbets, hungry farmers displace from lands fenced off for more profitable sheep rearing" (505). However, by move into urban area, this does not guarantee he/she would get a job. In turns, they turned into beggars and/or petty thievery because there were no jobs and/or their skills are not in demand. To reflect the social condition of a community/country/city, number of beggars on street is the best tool. As a result, there would be more criminal cases. In other words, crime statistic reflects the social condition of the society. If not because of the inequality, then what would it be?

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Moreover, while theft occurs in all countries/communities/societies, a weak legal system allows for a much higher level of criminal action in some country than in others. Countries where law is not exist and enforce, the probability of people commit a crime is very high. Even in a country/community where law is enforces, crime is still happened. Until the basic necessities such as food, water, shelter, medicines and clothes are not satisfied, crime would remain the issue. Here is a turning point where innocent people turned into the petty thieves. In order to stay survive, they have do so, because there is not much choice for them but to commit a crime. Without do so, he/she and their family would starve to death, and they could not send their children to school. In short, these social conditions force many into thievery. In reality, this is one of the serious issues that need to be taken care. These children are the future of our world, and in order to make the world a better place to live. Without the community support, the future of the society/community is at risk. Because if the future generations are brought up in a bad environment and/or without given education, they are likely to be a problem of the society. Not only because of lives and assets of innocent people are at risk, but also more people would commit a crime. However, there are questions that left to be answers. Who will be responsible for the lives of these innocent children when their father/mother end up in jail? What needs to be done to reduce the crime rates and beggars on the street? As for book , equality of the people in society is the biggest issue. Communistic Democracy is the best words to describe Utopia because it represents two faces of the same coin. In other words, Utopia stresses the needs of society as a whole is generally viewed as being more important than individual freedoms. In such circumstances, an individual right to do something may be restricted on the grounds that it runs counter to the good of society. "Utopia strong influence of Plato's Republic, with its radically communistic re imagining of a society…" (504). Plato argued that individual rights should be sacrificed for the good of the majority and that property should be owned in common. In this type of society, everybody's are equal in both status and wealth. The goods that a country produces, and the quantity in which they are produced are all planned by the government. However, society where the money is not used and goods are distributed equally, theft is not a problem, nor is jealousy. This means the crime rates and beggars on the street are lesser than the society of book1. While the objective of a Utopia society is to mobilize economic resources for the public good, the opposite seems to have occurred. This type of society has little incentive to be efficient, because they cannot go out of business. In other words, Instead of growing where people standard of living improve and becoming more prosperous, such society tend to be characterized by stagnation. This means that people have little freedom to choose what they want to do, but to certain extent society allows people to do anything that would benefit the society as a whole. Although this is good for society as a whole because inequality is not an issue, the abolition of private ownership means there is no incentives for individual to look for better ways to serve consumer needs; hence dynamism and innovation are absent from the society. "The abolition of money and private property has prevented any neurotic attachment to goods and status, and the parasitic classes, rapacious soldiers have been eliminated" (504). Furthermore, book also includes rules and regulations that the community used to direct people and/or as a form of punishment. Some norm are also important to a society they are formalized into laws controlling people's behavior, "describes in detail the laws and customs of a country that bears a striking geographical resemblance to England" (504). Expectation carries with it penalties and rewards for conduct concerning a social norms. If we fail to live up to the norm, we may face punishment through sanctions such as jail sentences or fines. The sanction used to encourage conformity and to discourage violation of social norms where it usually carried out by authorize agents, such as police officers and military officer. This is part of the social control process because it can serve as a last resort when socialization does not bring about desired behavior. The challenge to effective social control is that people often receive competing message about how to behave, while the state or government/communities may clearly define acceptable behavior. In conclusion, Book 1 mainly emphasizes on inequality of the people that exist in the society, and in which, it influences social mobility. Also, because of the inequality and social condition, that's why people committed a crime, and the social itself punishes the victims for being thieves. In short, inequality leads to problem such as lobbying and murder where innocent people are affected. Whereas the main issue in book is about the equality of the people. Here it reflects the society everybody is equal and where people are united. This mean whether rich or poor, male or female, if the expected behavior is not being met, punishment is likely to happen.

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Costa rican labor laws

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Hiring of EmployeesFrom the perspective of the employer, and especially of a foreign investor looking to establish a facility in Costa Rica, the hiring of employees is a basic matter that should be considered in advance.Conditions and RestrictionsAll employment relationships are regulated by the Labor Code, as amended. Its regulations are the basis for all relationships between the worker and the employer and, except in some special cases, this relationship is guided by the principle that the rights of the workers may not be waived in any form.

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An employee is defined as any person who performs services pursuant to an express or implied work contract, either written or oral, individual or collective, in return for a wage. An employer is defined as any entity, either private or public, that employs the services of others and pays wages pursuant to an express or implied work contract, either oral or written, individual or collective.As these definitions indicate, the labor relationship between an employer and an employee is contractual in nature, but, unlike a civil or commercial contract, an employment contracts terms and conditions are restricted by the basic principles established by the Labor Code. An employment contract under Costa Rican law binds the worker only insofar as it does not violate any of the principles of the Labor Code.The employment contract obligates the employer to abide by its specific terms, not just those contemplated by the Labor Code. If an employment contract grants an employee rights, or benefits, beyond those mandated by the Labor Code, those extra rights or benefits will be enforceable against the employer. Consequently, special care should be taken in executing labor contracts with terms and conditions beyond those required by the Labor Code (e.g., labor contracts with executives and high-ranking employees), since these obligations will be enforceable against the employer, but not necessarily against the employee.There are three essential conditions that must be met to establish an employment relationship (a) one person must obligate himself to perform duties or services for another, (b) under direct supervision of another, (c) for the payment of a salary or some type of compensation. If any one of these conditions is not met, there is no employer-employee relationship, and the relationship is not regulated by the Labor Code.Individual Labor ContractThe employment contract may be written or oral. The Labor Code specifically requires the employer to sign a written contract with the employee, but if this is not done, the law will presume the existence of an oral contract to protect the rights of the worker.The Labor Code assumes that an employment relationship is governed by the conduct between the worker and the employer. Therefore, the terms and conditions of a labor contract will always be based upon the situation that actually exists between the parties, and not necessarily what is written in the contract. From a litigation perspective, if a party can demonstrate that the actual conditions of the employment relationship were different from those established in the written contract, the actual conditions will prevail, and a judge would be required to base his decision on the actual conditions rather than those stated in the contract. For this reason, employers should take care to avoid changing labor conditions from those established in a written contract.Recently, because of Costa Ricas presence in international markets, it has become common to include in high-ranking employees contracts confidentiality, nondisclosure, and noncompetition provisions. Because these specific provisions are not necessarily consistent with the principles of the Labor Code, their enforceability is questionable. Nevertheless, they have become an increasingly popular means of discouraging disclosure of sensitive information and competition from former employees.Special Legislation for Minors and Pregnant WomenThe Labor Code specifically prohibits women and minors (children under the age of eighteen) from working in jobs that are physically or mentally unhealthy or dangerous. It also prohibits minors from working at night or in clubs, bars, or any other establishment that sells liquor.In situations in which the employment of minors is not barred by the Labor Code, a minor may be allowed to work upon obtaining a special permit from the Patronato Nacional de la Infancia, an institution created to protect and defend the rights of minors. If the minor is between fifteen and eighteen years old, however, he may not work more than seven hours a day or forty-two hours a week. If the minor is between twelve and fifteen years old, he may work only five hours a day or thirty hours a week, and the work may not interfere in any way with school.It is unusual to find minors working in industrial factories, because the specialized work required in these factories typically is not suitable for them. In the case of agricultural operations, however, children are often utilized, most often at harvest time in the coffee industry.The work of pregnant women is also heavily regulated by special provisions of the Labor Code. These special provisions can be divided into two areas (i) benefits given to pregnant women, and (ii) compensation provided to pregnant women if they are terminated because of their condition.Pregnancy and Maternity LeaveThe law provides pregnant women with a paid maternity leave that starts one month before the expected delivery date and ends three months following the birth. It also gives pregnant women the right to breast feed their children at work for fifteen minutes every three hours or, if they prefer, half an hour two times a day.The Labor Code generally prohibits an employer from firing a woman who is pregnant. If an employer wants to discharge a pregnant woman for cause, however, there is a special, formal procedure through the Ministry of Labor to obtain authorization for the dismissal. This procedure usually takes longer than the pregnancy, and until the procedure is completed the employer must still pay the woman her salary. There is, therefore, little financial incentive to discharge a pregnant worker pursuant to this procedure. If an employer discharges a pregnant worker without following the procedure, the worker unlawfully discharged will have the right to file a claim for damages. Damages, as set out in the law, equal the salary of the worker for the time remaining in her pregnancy, plus four additional months pay and interest up to the date of payment.This special protection was enacted to prevent employers from firing pregnant women to avoid the payment of the four-month leave and the other special concessions required by law. With the increasing participation of women in the Costa Rican work force during the last three decades, it is not an uncommon practice for an employer and a pregnant employee to agree on certain terms to accommodate the needs of both the new mother and the company. These agreements are generally limited to executives and are not regulated by law.Wages and Other CompensationIndexing the Minimum WageTo maintain control of inflation and the devaluation of local currency, the Costa Rican government has established what are known as mini devaluations, which are very small decreases (approximately one-tenth of a Colon per day) in the value of the currency with respect to the U.S. dollar. These mini devaluations are done on a daily basis by the Central Bank of Costa Rica. This procedure, as well as internal inflation, which ranges from ten to fifteen percent annually, diminishes the buying power of salaries every day, resulting in an overall reduction in the workers income.The government publishes semi-annually a presidential decree establishing the minimum wages for various sectors of the economy, designed to offset inflation. The presidential decree states a minimum wage for labor categories on an hourly, daily, and monthly basis.BonificationsAn employer may grant the employee additional benefits based on the net profits of the company or any other measure of performance. These benefits are called bonifications and are not considered to be salary, but rather are an incentive for the employees to increase their efficiency.To maintain the bonifications as nonsalary payments, the employer must pay them on a temporary basis, subject to the will of the employer. If the benefits are paid on a periodic basis, subject to objective conditions that, if met, automatically entitle the employee to the benefit, these payments will be considered to be part of the salary of the worker for the purposes of social security, income tax, and severance benefits.Most benefits normally given to employees can be structured in a manner that will qualify them as a bonification. It is necessary, however, for employers to do this well in advance of payment so that the benefits might qualify.School SalaryIn 15, a special law was enacted to try to ensure that at the beginning of the school year parents would have sufficient money available to pay for school materials. This extra amount is known as school salary. School salary compensates parents for the extra expenses associated with the beginning of school--expenses that have a particular impact on those workers earning minimum wage. The calculation procedure for the school salary is established by law and is regulated by the Ministry of Labor. The law states that any employee who earns minimum wage will receive an additional two percent raise in his salary each year, and the total amount will be paid to the employee at the beginning of February.Vacation and HolidaysModifications to the Labor Contract (Ius Variandi)One of the fundamental principles of Costa Rican labor law, known as Ius Variandi, states that an employer may not, under any circumstances, change the basic conditions of the employment contract to the detriment of an employee without the express consent of that employee.The law defines basic conditions as salary, shifts, place of work, and form of salary payment. If the employer changes any of these basic conditions without the express consent of the employee, the employee has the right to terminate the contract with full payment of severance benefits.Other provisions of the contract that are not considered to be basic conditions may be modified by the employer without the consent of the employee, provided those changes will not directly or indirectly modify the basic conditions of the agreement. Usually, the modification powers of an employer will vary from one economic activity to another, since the essential conditions of a contract are closely related to the type of job the employee is performing.Yearly VacationsRest for the employee is a well-protected right under the Costa Rican Labor Code. Social, health and efficiency considerations all support the rationale behind the right of the employee to obtain appropriate rest after a certain number of working days.Employees have the right to two weeks of paid vacation for every fifty-two weeks of continuous work for the same employer. An employee may not take vacations in segments smaller than a week. Also, an employee may not accumulate vacation time over a period of more than two years. The salary of an employee during a week of vacation is the average weekly salary (ordinary and overtime) that the employee has received during the previous fifty-two weeks.The Labor Code allows a day of rest after six consecutive days of work, normally on Sunday, although this day of rest is not considered to be vacation. Most blue collar workers also do not work on Saturdays, this being an additional rest day. In rural areas and agricultural facilities, however, workers typically perform their normal duties on Saturday and have only Sunday as a rest day.Social SecurityEmployers are considered to be registration and retention agents for the social security system, and are required to register their workers with the Caja Costarricense de Seguro Social (Social Security Agency)1 immediately after the workers are hired. Failure to do so will result in the employer having to pay any and all medical bills that the employee incurs during the time the employee was not registered, together with interest and fines attributable to unpaid social security contributions from the date of the employees hiring.Employers must pay an amount equal to twenty-two percent of the salary of each employee to the Caja Costarricense de Seguro Social and must withhold from employees wages nine percent of the salary, which is forwarded to the Caja Costarricense de Seguro Social on a monthly basis. Failure of the employer to pay money due results in interest payments and penalties, but failure to turn over the money retained constitutes a criminal offense punishable by a jail sentence.Termination of Labor ContractsTermination without Just CauseAn employer has the right to fire any worker at any time for whatever reason, but in the absence of statutorily defined just cause for termination, the employer must give the employee being discharged advance notice of termination and severance pay.The amount of advance notice that an employer must give before terminating an employee depends on the employees length of service. During the first three months of employment, the employee is entitled to no advance notice. Thereafter, the amount of notice that is required is determined as follows - after continuous work for more than three months but less than six months, a minimum of one weeks notice;- after continuous work for more than six months but less than a year, a minimum of fifteen days notice; - after continuous work for more than one year, a minimum of one months notice.The employer must give the discharged employee severance pay in accordance with the following schedule - after continuous work for more than three months but less than six months, the employer must pay the equivalent of ten days of salary; - after continuous work for more than six months but less than a year, the employer must pay the equivalent of twenty days of salary; - after continuous work for more than one year, the employer must pay the equivalent of one month of salary for every year worked.Severance pay may never be more than the equivalent of eight months salary unless previously agreed upon by the parties.Termination with Just CauseThe Costa Rican Labor Code lists the reasons for which an employer may terminate the contract of an employee with just cause, thereby eliminating the right of the employee to receive advance notice of termination and severance pay. Each of the following situations constitutes just cause for termination; when the employee- during working hours, conducts himself in an immoral manner or defames, insults, or assaults his employer; - during working hours, defames, insults, or assaults his co-workers; - outside of working hours, defames, insults, or assaults his employers or any representative thereof; - commits any crime or act against the property of the employer, or when he intentionally causes material damage to machinery, tools, raw materials, products, or any other object directly related to the work;- reveals technical, commercial, or industrial secrets of the employer; - compromises the security of the workplace and of other employees by his gross negligence; - without just cause, does not report to work for two consecutive work days or three or more days in the same month;- refuses to follow security measures established for the safety of the workplace and the work force, or when the employee refuses to follow the rules established by the employer to achieve better efficiency and performance;- has been reprimanded by the employer once and continues to commit the same offense; - falsifies his qualifications; - is incarcerated; and - does anything else that is considered to be a grievous violation of the employment contract.Bankruptcy of EmployerIn the event of an employers bankruptcy or insolvency, the employees contract is automatically terminated, and the employer must give pay in lieu of notice, severance pay, unpaid vacations, and the thirteenth month salary. To guarantee these payments, all assets of the employer are attached to pay a pro rata share of each employees compensation.Ministry of Labor and Labor CourtsMinistry of Labor ProceduresThe Ministry of Labor has set up a conciliatory program for employees who have been fired without just cause or who have not been paid by their employer. Both parties are summoned to meet with a representative of the Ministry to try to resolve their differences. This procedure is not mandatory, and if no conciliation is achieved, the employee must go to court to obtain any amount owed to him.Labor Court ProceduresThe procedures for labor lawsuits are basically the same as those in any other type of civil litigation. Depending on the region, population, and amount being requested, a lawsuit can last anywhere from six months to five years.ConciliationBefore the trial of a lawsuit begins, another conciliation process, which is mandatory for both parties, is initiated by the judge. If a conciliation agreement is achieved, the judge, through a final resolution, accepts the agreement and ends the trial. If, however, the conciliation process is not successful, the judge will move immediately to hear witnesses in the case and will thereafter render a decision. If the employee is granted pay in lieu of notice and severance pay by the judge, the employee may attach the assets of the employer to receive the awarded pay.Although the Costa Rican Labor Code does not provide for the award of punitive damages to an unjustly fired employee, some recent court decisions have granted this payment, limited to a maximum of six months salary.

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Lourdes

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INTRODUCTION ʏ

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ʏIMPORTANT DATES7th. January 1844 The birth of Bernadette Soubirous in the Boly Mill. She is the daughter of François Soubirous, miller, and his wife Louise Castrot.th. January 1844 Baptism of Bernadette Soubirous.11th. February 1858 to 16th. July 1858 Eighteen Apparitions of the Virgin Mary at the Grotto of Massabielle.4th. July 1866 Bernadette leaves Lourdes for Nevers.th. July 1866 Bernadette receives the Religious Habit of the Congregation of the Sisters of Charity of Nevers. She receives the name Sister Marie-Bernard.0th. October 1867 Her Religious Profession in the Congregation of the Sisters of Charity of Nevers.16th. April 187 (Wednesday of Easter) The death of Bernadette.14th. June 15 Beatification of Bernadette.8th. December 1 Canonisation of Bernadette by Pope Pius XI at St. Peters in Rome. BERNADETTE HERSELFMarie Lagus, foster-mother of Bernadette.As a baby, Bernadette was already very loveable, the neighbours loved to see her and to hold her in their arms. You could not stop loving her enough, she was sweet and loveable. Bernadette, in spite of the tiredness which was caused by her shortness of breath and difficulty in breathing, always appeared happy and cheerful. She never gave us any trouble, she took what she was given, and appeared happy. We loved her very much as well. (1857) Bernarde Castrot, aunt and godmother of Bernadette.Bernadette was always good natured, she was very docile; when scolded, she never retaliated. Abb Pène, Curate, or Assistant Priest, of the Parish of Lourdes in 1858.Bernadette was small for her age, puny, slightly asthmatic, her face was round but regular, beautiful eyes. Her slim size would allow her to pass for a young girl about two or three years younger than she really was. everything about Bernadette radiated naïvety, simplicity, goodness. Jean Barbet, teacher.Bernadette has difficulty to retain the Catechism word by word, because she cannot study, she does not know how to read, but she puts a lot of care into the appropriate meaning of the explanations. Besides, she is very attentive, above all very pious and modest. THE WATER AT LOURDESThe water at Lourdes is spring water, pure, drinkable, identical to all other water in the area, is a sign not a fetish. Bernadette Soubirous, herself said; THE WATER IS TAKEN AS A M E D I C I N E…YOU MUST HAVE FAITH, YOU MUST PRAY THIS WATER HAS NO EFFECT WITHOUT FAITH ! The deeper meaning of the water of Lourdes is written above the taps Wash your face, drink this water and pray God to purify your heart. The spring of the Grotto is directed in channels up a gentle slope towards two underground holding tanks which hold almost one million litres, one close to the taps and the other under the Rosary Basilica. The temperature of the water is kept at 1ºC exactly. From there the water is pumped to a large reservoir of ,000m². It is from this high point that the taps, the baths, the dispatch point for sending the water of Lourdes throughout the world are supplied. The water is shipped free, except for postage charges charge. 8,500m² of water are used annually in the baths and the taps. ʏCURES FROM THE WATER There have been many claims stated by some of the handicapped and ill saying their illness or disability had been cured after bathing in the sacred water. In most cases, there has been a scientific explanation of coincidental cures that have occurred shortly after a visit to Lourdes. Here is a piece explaining what has to be undergone to prove a whether a claimed cure is valid or not.I-Medical Examination.1 - THE CRITERIA FOR A CURE.For the medical study to be able to find in favour of a cure to be certain, definitive and medically inexplicable it must be establishedthat the fact and the diagnosis of the illness is first of all established and correctly diagnosed; that the prognosis must be permanent or terminal in the short term; that the cure is immediate, without convalescence, complete and lasting; that the prescribed treatment could not be attributed to the cause of this cure or be an aid to it. - THE EXAMINATION OF THE MEDICAL BUREAU OF LOURDES.The sick who come to Lourdes with a pilgrimage group are accompanied by a doctor who is furnished with a medical file describing their present condition.This file, normally explicit enough, forms the base to work from when a pilgrim declares that they have been cured. The file and the pilgrim who claims to have been cured are presented to the Medical Bureau, that is, to the doctor who is permanently in Lourdes who will then gather together the members of the medical profession present in Lourdes on that day and who wish to participate in this examination.No definite conclusion will be given at the end of this examination. The person who claims to have been cured will be invited to meet the Medical Commission the following year and/or for many subsequent years.Finally, after many successful examinations the file of the cure will be sent (if ¾ of the doctors present so wish) to the International Medical Committee. - THE EXAMINATION BY THE LOURDES INTERNATIONAL MEDICAL COMMITTEE. (CMIL) This second level of enquiry exists since 147. At first it was the Lourdes National Medical Committee then it became the International Committee in 154.The Committee is made up of thirty specialists, surgeons, professors or Heads of Department‚ from different countries that meet once each year. The current President is Professor Jean-Louis Armand-Laroche.The International Medical Committee of Lourdes (CMIL) has a consultative role.It will allow an assessment to continue over several years in order to observe the development of the patient before they arrive at any opinion.If CMIL gives a favourable opinion the file is then sent to the competent church authorities.Since 147 until recently, 100 files have been opened, each one for the declaration of a cure.The CMIL met about thirty times between 147 and 18. They have presented files to the Church, 1 have been judged to be miraculous. Before the CMIL came into being the Church had recognised 46 miracles.II - Enquiry and decision of a miracle by the Church.When the file is sent to the Bishop of the place where the cured person lives, the case is already recognised as extraordinary by science and medically inexplicable.It remains for the Church, through the intermediary of the Bishop, to make an announcement on the miraculous character of the cure.To do this, the Bishop gathers together a Diocesan Canonical Commission made up of priests, canonists, and theologians. The rules that guide the procedures of this Commission are those defined in 174 by the future Pope Benedict XIV in his treatise Concerning the Beatification and Canonisation of Servants of God (Book IV, Part I, Chapter VIII nø)In summary the rules demand that there must not be found in the cure any valid explanation, medical or scientific, natural or usual. This is the case for the cures that have taken place at Lourdes, as we will see.. Having established this, it remains for the Canonical Commission to determine that this cure comes from God.Furnished with conclusions reached by the Commission, it is the responsibility of the Bishop to make a definitive pronouncement and to suggest to his Diocese and to the world that they see this cure as a sign from God.

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