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Puerta and Torres Case Case Study

Table of Contents Facts Issues Holding Opinion Analysis Works Cited Facts In Puerta v. Torres (Cal. Ct. App. – May 25, 2011), Antonio Puerta alleged that Anna Berta Torres had injured him and damaged his vehicle after a motor vehicle accident that occurred on June 19, 2007. Therefore, Puerta sought payment due to the injuries and damages arising from the accident. During the day of the accident, Puerta was driving his car when Torres’ car stopped near his car. Torres’ car was about one yard from Puerta’s car. While turning into the gas station entrance, Torres was unable to complete the turn. Therefore, she reversed to complete the turn. While reversing, she hit the front of Puerta’s car. Puerta claimed that he honked his car to alert Torres. However, this did not prevent her from hitting his car at a speed of approximately 30 miles per hour. Torres continued driving after hitting Puerta. Puerta followed her as he thought she was running away from the scene of the accident. Puerta confronted Torres and claimed that she had hit his car. However, Torres disputed the claims. Torres called the police claiming that Puerta approached her aggressively. Torres photographed both cars before the police came to the scene of the accident. Puerta claimed that Torres’ actions showed that she was guilty of the offense. Running from the scene of the accident was one of the actions that convinced Puerta that Torres was guilty. Puerta claimed that Torres thought that the accident was so small. Therefore, it did not warrant the exchange insurance information (Anon para 16). Puerta alleged that the accident injured his neck and arm. In addition, the accident damaged his vehicle. However, Puerta did not seek medical care shortly after the accident. He sought medical care approximately one week later while he was in Spain. He claimed that he was feeling pain in his arm and neck. However, doctors did not prove that the pain was due to the accident. Issues The case presents issues on admission of liability by a party in an accident. Puerta claimed that Torres’ actions after the accident showed that she was guilty of the offense. She did not go to the gas station after hitting Puerta’s car. Instead, she drove to an alley behind the gas station. In addition, by claiming that the accident was trivial and did not warrant the exchange of insurance details, Torres admitted that an accident occurred. Get your 100% original paper on any topic done in as little as 3 hours Learn More Puerta did not claim that he felt any pain on his arms or neck soon after the accident. He sought medical treatment approximately one week later. Puerta claimed that Torres did not provide an offer that included acceptance. Therefore, the court passed a wrong judgment in awarding the defendant $5,350 in expert witness fees. Holding The court held that Puerta failed to prove that Torres had committed the offense. He did not provide consistent evidence. On the other hand, Torres provided evidence that was consistent with the events that took place after the accident. However, the court reversed the ruling by Orange County Superior Court that granted Torres the right to claim $5,350 in expert witness fees. Opinion Puerta and Torres were involved in a road accident. Puerta took Torres to court claiming that her negligence led to the accident. However, after a trial that took one day, the court ruled in favor of Torres. Puerta appealed the ruling claiming that the court failed to provide a sufficient statement for its ruling. In addition, he claimed that the court did not provide enough evidence for its ruling. Therefore, the court erred in granting Torres costs under section 998 and section 1033 of the Code of Civil Procedure (Anon para 10). Puerta claimed that Torres did not comply with section 998 of the Code of Civil procedure. The code requires the accepting party to sign the acceptance statement. This enables the court to determine if a party has accepted an offer. In the case, Torres did not provide a form that contained a line about acceptance (Martin para 2). Therefore, the California Court of Appeal reversed the Orange County Superior Court’s decision to award Torres costs. Analysis The events that took place showed that Torres was not guilty of the offense. Torres claimed that she had stopped while turning to a gas station due to the oncoming traffic. Torres claimed that she was following her daughter who was inside the gas station. In addition, she claimed that she did not engage reverse during the entire occasion. Therefore, there was no way that she could have hit Puerta’s car. She claimed that she went behind the gas station to wait for her daughter. It is a fact that Torres is the one who called the police after the accident. Torres claimed that Puerta approached her aggressively. She photographed both cars before police came to the accident scene. The photographs showed that the two vehicles did not have any damage. In fact, the police officer who went to the scene of the accident claimed that she did not notice any damages on the vehicle due to the accident. Therefore, the photographs were a strong piece of evidence. We will write a custom Case Study on Puerta and Torres Case specifically for you! Get your first paper with 15% OFF Learn More After an accident, it is vital for an individual to seek medical treatment. Seeking medical treatment enables an individual to determine the extent of injuries that might have occurred due to the accident (Morissette 69). However, Puerta did not seek medical care shortly after the accident. Instead, he sought medical treatment approximately one week later in Spain. In addition, Puerta did not claim that he felt any pain immediately after the accident. This made it difficult to prove that the injuries occurred due to the accident. Other accidents that occurred between the date of the accident and the day Puerta sought medical treatment may have caused the injuries. Therefore, Puerta may have sued Torres to benefit from non-existent injuries. In addition, the fact that Puerta sought treatment approximately one week after the accident shows that he may have sued her after an afterthought. Puerta may have used the accident as a scapegoat to get payment. Reports from medical practitioners showed that Puerta got injuries from a previous accident. However, delay in seeking medical treatment made it difficult to pinpoint the accident. If Puerta had sought medical treatment immediately after the accident, he would have proved that the accident caused the injuries. Torres made a CCP 998 offer that did not contain a line on acceptance. Acceptance helps in settling disputes between two parties. Failure to provide a line on acceptance invalidates the offer (Martin para 3). Therefore, the California Court of Appeal reversed the decision to award costs to Torres. However, the court did not find that Torres caused the accident. Works Cited Anon. “Puerta v. Torres.” FindLaw, 2011. Web. https://caselaw.findlaw.com/ca-court-of-appeal/1568815.html Martin, Shaun. “Puerta v. Torres.” California Appellate Report, 2011. Web. http://calapp.blogspot.com/2011/05/puerta-v-torres-cal-ct-app-may-25-2011.html Morissette, Emily Lynch. Personal injury and the law of torts for paralegals. Aspen New York: Publishers, 2008. Print.

Clayton State University Apple Inc Pricing Strategies Discussion

Clayton State University Apple Inc Pricing Strategies Discussion.

In Unit V, you selected your favorite brand (APPLE IS THE BRAND) and described the reasons why this brand is so appealing to you. For this assignment, you will use your favorite brand (APPLE IS THE BRAND ) to create an analysis that identifies the strategic direction of price and promotion.In this assignment, you will research and provide pricing examples that compare and contrast various factors that influence promotional strategies for each of the five pricing strategies: premium pricing, penetration pricing, economy pricing, psychological pricing, and promotional pricing.Next, you will determine which pricing strategy is represented by your brand’s price and discuss why (or why not) the pricing strategy is effective.Finally, you will discuss if the pricing strategy is aligned with the messaging strategy in the promotions. For example, if the pricing strategy is premium pricing, do the promotions communicate the high value of the brand?You must reference at least two articles from business-related or news websites. All paraphrased and quoted material must be cited and referenced. You will create a three-page minimum Word document, not counting the title and reference pages.
Clayton State University Apple Inc Pricing Strategies Discussion

Excelsior College Cost and Quality Elements in Business Strategies Discussion

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Using OneSearch in the Excelsior College Library, locate
a scholarly article on a topic that interests you and is, ideally,
related to your field. Think about an issue you would like to explore
related to your current or future profession and find an article that
feels engaging and important to you. This could be the issue you use for
your formal research paper assignment, but it does not have to be. After you read your chosen scholarly article, complete the following
tasks. Number each part as follows to make it easy for your instructor
to find the necessary pieces of this assignment.  Part 1: Choose a longer paragraph or a group of
several paragraphs. Share that paragraph as a quote. Be sure to add an
APA citation for the quote at the end.  Part 2: Write a summary of the paragraph or passage
you chose for Part 1. Be sure the first sentence identifies the author
and passage you are summarizing. Add a proper APA citation for the
summarized information.  Part 3: From a different section of the article,
choose an important short passage—just a sentence or two. Share these
sentences as a quote. Be sure to add an APA citation for the quote at
the end.  Part 4: Write a paraphrase of the passage you chose
for Part 3, putting the author’s ideas into your own original words.
Make sure that the entire paraphrase is original and you aren’t just
replacing a few words in the author’s sentence. Add a proper APA
citation for the paraphrase.
Excelsior College Cost and Quality Elements in Business Strategies Discussion

The Contentious Issues Of Australian Multiculturalism Sociology Essay

Nowadays, more and more people around the world are coming to Australia to travel, work, or study. Multiculturalism means more than one culture appears in one place. The policy of multiculturalism has been so contentious, because it has positive and negative impacts on Australia. “multicultural policies are based upon the premises that all Australians should have an overriding and unifying commitment to Australia, to its interests and future first and foremost; It require all Australians to accept the basic structures and principles of Australian society – the Constitution and the rule of law, tolerance and equality, Parliamentary democracy, freedom of speech and religion, English as the national language and equality of the sexes; and impose obligations as well as conferring rights: the right to express one’s own culture and beliefs involves a reciprocal responsibility to accept the right of others to express their views and values.”(Department of immigration and citizenship) “To some, multiculturalism is simply a diverse population, and a non-discriminatory immigration policy. These are the foundations of Australian multiculturalism, but it consists of much more.”(Chris Bowen,2011)Multiculturalism exposes a society to a variety of different ideas and ways of being that can combine to make society more tolerant of difference as well as reaping the rewards. “Australia’s postwar immigration policy was originally driven by economic imperatives, but governments came to recognise the benefits of inviting full community participation by our immigrant populations in return for a respect for, and embracing of, the cultures and customs they brought with them.”(Chris Bowen,2011) In a descriptive sense multicultural is simply a term which describes the cultural and ethnic diversity of contemporary Australia. We are, and will remain, a multicultural society. “As a public policy multiculturalism encompasses government measures designed to respond to that diversity. It plays no part in migrant selection. It is a policy for managing the consequences of cultural diversity in the interests of the individual and society as a whole.”(Department of immigration and citizenship) From broader term, multiculturalism sometimes used to describe society, especially in country has many entirely different cultural groups, generally because of the problem of immigrants. This may lead to anxiety abut the stability of national identity, and also may lead cultural exchange that benefit cultural groups. Such exchanges range from major accomplishments in literature, art and philosophy to relatively token appreciation of variations in music, dress and new foods. “While multiculturalism has been supported by a shifting balance between these twin justifications for most of the life of the policy in Australia, the continuing tension between them underlies the public debate between opponents and supporters of the policy. Conservative critics have attacked the policy for allegedly fostering divisiveness and devaluing the existence of a common Australian culture. Others have maintained that while diversity is a social fact in Australia – the most recent census reported that 44% of the population was overseas born, or had at least one overseas born parent (Australian Bureau of Statistics 2006) – it does not constitute a core aspect of Australian identity. multiculturalism is not an essential aspect of Australian citizenship; rather, a unified national culture enjoys support among Australians from different ethnic backgrounds. While Katharine Betts has argued that multiculturalism is a key aspect of Australian identity only for educated urban elites.”(Katherine Smits, pp132,2011) The policy of multiculturalism encourage Australian tradition, confirms Australia diversity of culture from different aspects, it is vivid. Multiculturalism’s culture and language became Australian people’s life unique feature appears before European colonize came to Australia. This life character spread in modern Australian society, continue contribute we keep our outstanding advantages in society, culture and business. “Multiculturalism is about inviting every individual member of society to be everything they can be and supporting each new arrival in overcoming whatever obstacles they face as they adjust to a new country and society and allowing them to flourish as individuals.” Chris Bowen,2011) Australian people acknowledge, accept, value and encourage multiculturalism, We compatible the heritage of indigenous people, the early European colonization, Australia cultured local traditions and mew immigrants from around the world. “The globalisation of societies and economies, together with mass movements of people unprecedented in world history and the growth of information technology, has transformed older concepts of nationhood.”(Stepan Kerkyasharian A.M.,pp6,1998) Under the doctrine of state multiculturalism, we’ve encouraged different cultures to live separate lives, apart from each other and apart from the mainstream,” “We failed to provide a vision of society to which they feel they want to belong. We’ve even tolerated these segregated communities behaving in ways that run completely counter to our values”.(Kathy Novak

Concepts of Human Sexuality in Society Essay

Introduction In her book, Bonk: the curious coupling of science and sex, Mary Roach joins other scholars and experts such as doctors and scientists in explaining human sexuality in a very interesting manner. The author begins by exploring the works of Alfred Kingsley who was well known in the 1940s and 1950s for his sociological surveys in the USA. He interviewed interviewing people about their sexual lives which later resulted in publishing of the best sexuality volumes (Roach 18). Although Kingsley was not the first researcher on human sexuality, he provided the foundation through which Mary Roach based her fascinating and interesting works on. The book Bonk covers different topics and subtopics. Examples of such subjects include plastic mechanical penis cameras, hands free breath and the energy orgasm. It also talks parts talking about the crooked penis. The author also covers topics dealing with sex machines and the correlation between G-spot and the clitoris. The book goes further and even provides more than expected about sexuality. She discusses a whole topic about pig insemination while another section discusses how scientists in the Middle East region used to fit rats with polyester pants in order to uncover the fabric’s negative effects once an organism was sexually aroused. Lastly, the book has a section discussing in detail about the vaginal photoplethysmograph, a device that is used to measure the amount that the vagina is engorged with blood and also sexual arousal. In Bonk, the author covered everything she could about human sexuality resulting to a very fascinating book that you may stay for long before you can read in detail similar information. Sociological perspective Mary Roach in her book, discussed human sexuality using the different perspectives such as biological, medical and of course sociological. In this discussion, we shall not discuss everything but our interest will be towards the sociological aspects of human sexuality. The history of sociological perspective discussing about human sexuality dates back in the 1950s from the works of Kingsley. As indicated above, he interviewed thousands of American women and men enquiring about their sexuality. Although he did not use the sampling technique so as to ensure his results were not biased, he collected views and observations concerning sexuality from different people. From that period on, other researchers have also done researches based on the same subject. Get your 100% original paper on any topic done in as little as 3 hours Learn More Most theories in the field of sociology, when researching about human behaviors, assume that human behaviors are usually acquired through a learning process. Despite this, they do not refute that there are other force which can influence these behaviors. This was confirmed by Irvine (440) when he indicated that “although how we are sexual is determined by biology, how, when and where we are sexual is usually determined by the cultural settings in which we find ourselves in”. Sociologists have discussed human sexuality based on two theories although two other minor theories have also been introduced. The four theories are symbolic interactionism, scripting theory, sexual exchange theory and the sexual strategy theories. These theories explain that objective reality does not exist. They explains that what we go through is the reality and it has been achieved through the social settings which we exist in They give the example of language which is usually used as a means through which people share their experiences forming meaning to a certain phenomenon they have passed through. The symbiotic interactionism The theory is based on the works of George Herbert. In this theory, objects are usually given meanings through communication. Human sexuality itself is not viewed as a subject alone but also as an object. The theory gives people them to copy others. When an individual views him or herself as the object, it leads to a decision making process due to the fact that most people act in a way which promotes the positive character or aspects about them. Sociologists approach symbiotic interactionism by using two approaches. The first approach is the structural symbiotic interactionist which mainly concentrates on how an individual is able to define the situations he or she is faced by thereby being able to form and understand the realities in which they live in. Scholars also argue that this approach is best used when doing a one on one interview or a participant observation where the researcher’s main intention is to uncover how the individual interacts to different situations. Structural symbolism however, is concerned with how social structure affects the personality and the self limitation of the reality. The sociologists who base their research on this approach use statistical surveys in a bid to try and understand the relationship between behavior, perception and the location within a large institution which makes a social structure. Human sexuality studies reveal that symbolic integrationists are concerned with the way in which their sexual beliefs and practices are formed from their sexual experiences. To them, institutions such as religion, family, economy and medicine among others are the ones which influence sexuality of a person (Foucault 18). We will write a custom Essay on Concepts of Human Sexuality in Society specifically for you! Get your first paper with 15% OFF Learn More Religions such as Christianity in places such as the US, approach human sexuality by dictating that marital relationships are the appropriate context of sexual intimacies. To make sure that everybody access and understands this information, the church leaders usually inform their followers whenever they meet or through the existing church documents. Economic institutions on the other hand influence human sexuality through capitalism. A household requires income. The level of income then influences the number of children likely to be born in a family (Teachman, Tedrow