The Aliens Next Door :: Argumentative Persuasive Essays

The Aliens Next Door  â â Three of them are on the correct side of my bed. I attempt to holler yet I can't. I can't move. I'm frightened, recollecting the agony from different occasions. They fly through the roof and out the rooftop, taking me with them. Next thing I'm in their art, lying on a table, and I'm cold. I'm stripped. They're putting something up into my vagina, and I'm frightened they'll leave it there. They wear skintight dark coveralls. They look like dark grasshoppers. No hair, wide jaw. Bruised eyes, enormous, somewhere between round and oval. Little openings for nostrils. No ears, simply foot-long recieving wires. A thumb and three long pointy fingers. They're cold when they contact me. They converse with each other and I hear them in my psyche. They have a soggy, smelly scent about them. They turn me over and put a consuming hot needle along my spine. They aren't stating anything. I can't weep for help. Thereafter I'm coasting out of an art. There are creatures with me encompassing me. I'm not terrified. I'm back in bed, floating off to rest. They're gone. (Gordon, 82).  A considerable lot of the world's occupants have announced encounters like those of Mary, a medical clinic head, who, at the age of forty-three, recalled her kidnapping by outsider creatures through sleep inducing relapse. (Gordon 82) Many individuals put stock in outsider creatures from different planets. Numerous individuals additionally accept that outsiders have visited Earth in UFOs. A UFO is a unidentified flying item. This generally goes from a plane to the much announced outsider airplanes from space.  At the point when individuals consider outsiders they normally consider minimal green men from Mars, other minimal dim men, or goliath beasts. The little dark men are depicted to be around four feet tall. There heads are huge and oval. The creatures' eyes are likewise molded like ovals, yet turned up at the closures like feline's eyes. The outsiders have additionally been portrayed as having long fingers that stretch out from the wrist. These wrists are joined to incredibly long arms associated at restricted shoulder bones. These outsider creatures are additionally said to transmit a luminescent emanation. The huge beasts have been portrayed as whatever can be envisioned from the profundities of one's spirit.

Lost Names Scenes from a Korean Boyhood Essay Example

Lost Names: Scenes from a Korean Boyhood Paper Lost Names is an amazingly intriguing novel composed by creator Richard Kim. Kim was conceived in Hamheung, North Korea and in the wake of serving in the Korea Marines and Army he left the nation in 1955 going to the US and going to colleges until 1963. The book Lost Names is a to some degree a verifiable and anecdotal record of the Japanese control of Korea somewhere in the range of 1932 and 1945. The book follows the account of a â€Å"unknown boy† and his family as he forms into a thirteen-year-old. The boy’s life in the book is thought nearly no ifs, ands or buts to be founded on Richard Kim’s life as a kid in Korea. Despite what everybody accepts about this boy’s life in Korea, even Kim says that he drew from the time he spent in Korea yet it isn't generally based exclusively off of himself.One huge thing that the book centers around was the way that the Japanese control of Korea constrained the individuals of Korea to change. As the war began to adva nce and time went on the Japanese rulers turned out to be an ever increasing number of exacting with their harsh laws. In spite of the fact that this is a standard method of Japanese principle and occupation, it did a ton of harm to the way of life of Korea. This is the place the name of the book, Lost Names originates from, on the grounds that the Japanese rulers actually caused the Korean individuals to lose their customary Korean names and embrace new Japanese names. Different instances of the severe Japanese principle in the book were little things, for example, flying a Japanese banner or not wearing customary Korean garments. A case of this originates from when the mother in the story was not permitted to wear her conventional Korean clothing. The laws likewise extended to language. All the residents needed to learn and communicate in Japanese. One model originates from the schools, that were dominated and run by the Japanese Military. In the event that the youngsters communic ated in Korean in school, they were quickly rebuffed. The laws likewise secured religion. Despite the fact that the man was Christian he was not permitted to go to chapel. They all h

Essay Topics For Upsc Mains

Essay Topics For Upsc MainsYou might think that you've written a terrific essay topic for your upcoming middle school essay contest, but you may have come to realize that you've been missing out on some excellent writing prompts and topics. What are some great essays topic options that could help you out of the paper?One of the best essay topics for use mains is the one that involves football. It can really help you make your point in this genre. So whether you want to tackle the Gulf War or the well-known rivalry between Ohio State and Michigan, there are plenty of opportunities that could benefit you.A surprisingly entertaining and interesting subject for an essay is marine biology. This is a great setting for people who love to swim, especially if you're a good swimmer. It's a great way to get into a bit of an argument and maybe get yourself to give your point of view.History is an interesting way to write about history. You could use it to get into a bit of a debate about the Civ il War or even the European colonization of the Americas. This is a great way to really explore a different part of the world and see how different people have experienced it.Writing an essay about fire is another interesting essay topic for upsc mains. There's a ton of facts and research to be done about this topic so you'll need to dig deep and find out what you have to know. It's also a great way to get yourself into the head of someone else.Perhaps one of the most popular essay topics for use mains is art. What better way to learn about art than to do it in person? Art school is also a fantastic topic for upsc mains because it's something that can help you learn more about the world, how you see the world, and where you see the world going.These are just a few of the many essay topics for use mains that you can use. You can find several others by looking online.

Hopeless and Absurd - Existentialism and Buddhism Essay

Hopeless and Absurd - Existentialism and Buddhism Perhaps the most telling symptom of existentialist philosophers is their ever-divergent theories on the fundamental characteristics of human life and their steadfast refusal to assign an explicit meaning or reason to our existence at all. Contrary to criticism which therefore labels the movement cynically nihilistic, existentialism justifies life with reasoning similar to that of Zen Buddhism. Specifically, the notions of hopelessness and absurdity can be gleaned from Buddhism in a manner helpful to the understanding of existentialist viewpoints on the same. Though these two perspectives elicit no fewer contrasts than comparisons, their juxtaposition highlights the workings of the†¦show more content†¦Whether it is hope for a better position in society, or hope for a lovers companionship, the attachment to desire ignores the eventual reality of impermanence. Death assures our mandatory individuality. Though we may accumulate relationships and material possessions throughout the course of our earthly life, we are nonetheless subordinate to the limits of time. Mortality stipulates ultimate loss. The only way to live free of crippling dread and anxiety is to free ourselves from expectations as well as ego-driven involvement in the affairs around us. As with Buddhism, existentialism does not require estrangement from society. Both suggest that actions will reflect the free choice of the individual. Though individuals tend to seek an exterior justification for their choices, the existentialists regard freedom as the unavoidable responsibility of complete independence. In this manner, the Buddhist tradition also acquits so-called human nature of blame for infractions on the part of the individual. The only way a person can act is by directing them self in a manner which he/she can accept from all other people. In Sartres view, to act otherwise is to surrender self-deception (Kaufmann, 320). It is useful to acknowledge that Buddhism and existentialism differ significantly in their views on individuality. While existentialism focuses entirely on the individual, Buddhism rejects the concept of

Essay about The Unfair Treatment of Women - 1572 Words

The Unfair Treatment of Women My mother has always promoted sisterhood and support for women. Growing up, I was taught that women, although we can do anything we want to do, need a support system, because we are traditionally the underdogs, and we should not accept being treated unfairly. My mother likes to tell a story about how, when she was a girl, she told her dad that she had decided to become a lawyer when she grew up. In response to her proclamation, my grandfather, an attorney himself, asked, Isn’t that an awfully expensive education for a girl? My mother was involved in her education throughout high school. The number of opportunities presented to her while growing up and in her education, however, did not even come†¦show more content†¦In life outside the office, forced sex on a date was not called date rape, but rather a bad night. Teen mothers were solely responsible for the babies they had out of wedlock at that young age. If a woman got married and changed her name, she would lose all her credit cards and have to reapply for credit. Similarly, if she got divorced, all the money in the checking account she shared with her husband would go to him, and she would once again lose credit. Domestic violence was not the crime that it is today. In Texas, it was legal for a man to shoot his wife and her lover if he caught them in bed together, but the reverse was not true. Women everywhere in our culture were having similar experiences of unfair treatment because of being female, so they banded together to improve their social and professional status. Women created several support systems for each other, because they knew that the only way to bring about change was in numbers. The League of Women Voters set a precedent over 50 years ago as a successful organization made to ensure women the same voting rights as men. There are now suchShow MoreRelatedThe Unfair Treatment of Muslim Women833 Words   |  3 Pagesrights. A lot of Muslim women experience this on a daily basis. People in public stare or criticize them simply because they are different. Years ago, Muslim women had almost no rights. Although they have gained certain rights and responsibilities, many people still treat them with little respect. Muslim women’s rights have changed in many ways, including the way they are allowed dress, who and when they can marry, and their independence i n general. A few years back, Muslim women had very few rightsRead MoreUnfair Treatment And Stigma Labeling Among Women1893 Words   |  8 Pagesbeen a history of exploiting, unfair treatment and stigma labeling among women; it is a social problem that continues to prevail. The prostitution business in South Korea is the epitome of this issue. Korea s underworld sex business teems with local and foreign women that are coerced to sell their bodies or voluntarily do it to meet living standards. The women that partake in prostitution are frowned upon because they bring ignominy to the family name. There is an unfair and unilateral view: sex workersRead MoreInjustice Is An Unfair Treatment1209 Words   |  5 Pagesexamples of injustice in America? Before you start to answer that question, consider what the word injustice means. Injustice is like a plague. If one person doesn’t speak up about unfair treatment, they are allowing injustice to infect everyone. The Webster dictionary definition states, â€Å"Injustice is an unfair treatment or situation in which the rights of a person or a group of people are ignored (Merriam-Webster).† There are various examples of injustice in the Criminal Justice System, the occupationRead MoreInjustice Is An Unfair Treatment1212 Words   |  5 Pagesexamples of injustice in America? Before you start to answer that question, consider what the word injustice means. Injustice is like a plague. If one person doesn’t speak up about unfair treatment, they are allowing injustice to infect everyone. The Webster dictionary definition states, â€Å"Injustice is an unfair treatment or situation in which the rights of a person or a group of people are ignored (Merriam-Webster).† There are various examples of injustice in the Criminal Justice System, the occupationRead More Sexism in the Workplace Essay505 Words   |  3 PagesSexism in the Workplace The workplace is the area in which sexism is most commonly found. Sexism is in evidence in unfair recruitment practices, unequal pay, and intimidating behavior towards colleagues. Legislation is now in place in many countries that prohibits unfair treatment of staff on the grounds of their sex. The problem with this legislation is that they are often difficult to apply. In 1970, the Equal Pay Act was introduced. It requiresRead MoreThe Wage Gap Between Women And Minority Workers1230 Words   |  5 Pagesmovement. Feminist groups fought hard for the rights of women. On the other hand, it may have been caused by the comparable worth policy which was emerged after the passage of the Civil Rights Act of 1964. The Act was implemented to eliminate any discriminations bias against one’s color, nationality, religion or sex. It has gradually raised women’s social position to a level closer to men’s. The comparable worth approach also reduced the wage gap for women and minority workers. What is comparable worthRead MoreUnethical Business Practice of Walmart Essay923 Words   |  4 Pagesprofits, the business should contribute to the interest of the society by ensuring fair business practices. However, greed has led businesses to unethical business practices and general mistrust. Some examples of unfair business practice include; bribery and dishonesty, unfair treatment of employees, sexual discrimination. Everyone knows that it is unethical for a business to use dishonesty and bribery to get employees to do what the company wants them to do. Well, not every company sees the wrongRead MoreSex, Religion, And Discrimination1132 Words   |  5 Pagesfull-time women employee earns 78 cents of every dollar a male earns, this ratio differs from one state to another and it varies from 91cents in DC to 66 cents in Louisiana(2) shows the un-uniformity among the state laws. Many people hide their gender identity in the workplace, to get recognized for their talents, because they are afraid that the gender bias may restrict their growth. In the screenshot below from Equal Employment Opportunity data analysis, it is clear that the presence of women in theRead MoreTaking a Look at Gender Inequality1182 Words   |  5 Pagesunequal treatment or specific perceptions based on an individual’s gender. In most cases, it has developed over time with the socially constructed gender roles the socie ty portrays. It was said â€Å"Nearly one-third of women said they feel discriminated against or treated unfairly based on their gender at least once a week. Opportunities are wasted if stereotypes and biases evaluate people based on their gender. Both men and women have arguments about this issue, but men are unaware of the treatment thatRead MoreThe Protection For Women s Employment And Health During Pregnancy Essay1683 Words   |  7 PagesIntroduction Pregnancy is an inherent quality directed solely to women, therefore it is much deserving of special protection. The dawn of democracy in 1994 brought with it a new era of labour rights. No longer may employers unfairly discriminate against workers on the basis of gender or sex. Unfair treatment or dismissal on this basis amounts to gender discrimination. Legal pressure is important to protect women’s employment and health during pregnancy. Among the complexities of gender equality

Globalization and Media-Free-Samples for Students-Myassignment

Questions: 1.Has your view on Globalization changed after listening to Professor Ghemawat? Explain. 2.Consider where you have seen the fears that people have about Globalization. Do you think these fears may subside with some data points that may suggest otherwise? 3.What does building a Culture-based Company entail? Answers: 1.After listening to professor Ghemawat my view on globalization is totally changed. I get to know about the flow that took place in globalization such as information flow, capital flow, people flow and product or trade flow. It throws light that the way we are exchanging the ideas, goods, people etc. it seems that there is no boundary (Ghemawat, 2017). The world is borderless. I believe the fact that the world is semi-globalized. It is having limited interactions between countries and economies. Globalisation helps in enhancing the global welfare. Usage of the technology is increasing along with an increase in the investment of the capital. In the developing areas of the country, social relations are becoming strong and the standard of living is also increasing. Wealth equality throughout the world is good for the world economy (Beck, 2015). Globalization creates a condition for people to move in order to find better employment and creative work. 2.Some of the people have fear from globalization. People of different developed countries feel that population of their company started immigrating after the emergence of the globalization. A country like France faces the fear of immigration of their people. As per the survey, they believe that 24% of the total population immigrated but actually, data is 8%. In the survey it was asked from the American what budget of the federal budget went to the foreign aid they assume more than 30% of US federal budget but actually, it was 1%. So people also make some of the perceptions which are actually not true. One of the major fears faced by the people is fear of losing market and jobs. The emergence of the globalization enhances the competition in the market (Potrafke, 2015). This affects the small vendor and enterprise they need to shut down their businesses. I totally agree that these fears will subside with some data points. The above-given illustration gives the data which prove wrong t o the assumption of the people (Suchday, Benkhoukha, and Santoro, 2015). Globalization is a drawback for the undeveloped societies or area which is acquired by the social groups. There are almost 100 largest companies that control approximately 70% of the world trade. 3.Organisational culture is a system that shares the values, belief, and assumption which rules the employee's behavior in an organisation. Each organization needs to maintain some cultural values in an organization to guide the customer what they have to do. Each company wants to build a culture-based company. For achieving the long term success, Company needs to focus on the company culture values. For instance, the CEO of the Zappos' Tony Hsieh said that the first motive of the company is to focus on the organizational culture values. Communication is the best way to build the organization culture. The vision of the company should be communicated to the employees in an effective way. The great companies treat their employees as their family members this shows their cultural values. Hiring or recruiting an employee's plays a major role in an organisation. At the time of the hiring or recruiting an employee HR can easily analyze which employee can take care of the cultural values of the company. Organisational culture tries to form an alignment in the employee's goals and company's goal. This should entail a well thought out and complete strategy which is going to be followed by a company regularly. Hiring a correct candidate who wants to stay in the company is one of the major decisions that can impact the working of the company (Harvard Business Review, 2008). For instance, Amazon hires employees who can understand the organizational culture values and the mission of the company. The company builds a culture by managing an internal and external environment of the company. Employees satisfaction is must to build company based on cultural values. These companies give facilities and value to their employees. The reason being they understand the value of the employ ees in their companies (Cummings, and Worley, 2014). The company understands the CSR (corporate social responsibility) which shows the cultural value of the company. The main focus of the company is to maintain the working environment of the company (Yakovleva, 2017). For instance, Zappos has their core values and they tell how their employees work and enjoy their personal lives. This shows that their employees like their jobs and are passionate about their jobs (100 interviews, 2009). All these parameters which company follows help the company to build a culture-based company. Because of these values, the company is able to get success. Values and culture of the company connect the employees and make them work as a team. This leads to the success of the company. The reason company builds culture values as they want to provide the best way to employees at the workplace. This enhances the freedom of work. References P., 2017, Actually the World isnt Flat, viewed on 25th August 2017, https://www.ted.com/talks/pankaj_ghemawat_actually_the_world_isn_t_flat.html Harvard Business Review, 2008, Why Zappos Pays New Employees to Quit--And You Should Too, viewed on 25th August 2017, https://www.youtube.com/watch?v=cQLTQAv5JQA 100 interviews, 2009, Zappos CEO Tony Hsieh talks about building a culture-based company, viewed on 25th August 2017, https://www.youtube.com/watch?v=JdKZapHZL4c Cummings, T.G. and Worley, C.G., 2014. Organization development and change. Cengage learning. Yakovleva, N., 2017. Corporate social responsibility in the mining industries. Routledge. Beck, U., 2015. What is globalization?. John Wiley Sons. Suchday, S., Benkhoukha, A. and Santoro, A.F., 2015. 6W Globalization and Media. Psychology of Fear, Crime and the Media: International Perspectives,97. Potrafke, N., 2015. The evidence on globalisation. The World Economy, 38(3), pp.509-552.

Roswell & Government Coverups Essays - Roswell UFO Incident

Roswell & Government Coverups On the night of July 4, 1947 a thunderstorm filled the sky with loud blasts of thunder and a distinct sound accompanied by a bright flash of light. Giving little thought to the strange occurrence, Mac Brazel went back to sleep and decided to inspect the damage in the morning. In the morning the farmer and his son were surprised to discover an area where pieces of metal were spread throughout the field. Mr. Brazel knew that the pieces appeared to be very strange, so he loaded his truck with some of the debris and took them to the closest city, Roswell which is some 75 miles from his farm. The Roswell Sheriff looked at the debris and decided to call the Roswell Army Air Field. He thought that the pieces could be the wreckage of a top-secret project and that the army would be the best authority for the situation. The army checked and found that in fact no secret projects had been performed in this location. Jesse Marcel and Captain Sheridan Cavitt decided to drive to the farm outside of Corona, New Mexico and look at the crash site for themselves. Upon seeing the crash site, they mutually decided that the wreckage was not from this world and that they must alert the Pentagon. The Pentagon already knew by this time what was happening in Roswell and General Clemence McMullen told Roswell Army Air Field that they must cover up the whole story. Thus a conspiracy between the government of the United States and the citizens was born (Acevedo 1-5). Extraterrestrials exist and have visited our planet. The United States government as well as many other worldwide governments have proof of UFO existence but are afraid to release this information to the general public. It is up to the general public to examine the evidence and decide whether UFO's exist. If the government is going to continue a policy of denial then the citizens must begin a policy of belief. Whether policy makers are afraid of UFO's effect on national security or the potential mass hysteria that could follow such a release of information, the people must not sit back and let evidence of extraterrestrial contact slip through the cracks. A UFO crashed into the side of a mountain on the night of July 4, 1947. The alien craft had malfunctions that may have been caused due to the thunderstorm. As the craft touched the ground on Mac Brazel's farm, it again became airborne and was able to remain in the air until crashing to its final resting-place. This is where the craft was recovered shortly after the news was released that the 509th Bombardment group at Roswell Army Air Field had come into the possession of a flying saucer (RAAF 1A). The day after this newspaper was released many foreign countries began to call Roswell, New Mexico about the article so a new article was released. This article said that the mysterious objects found on the ranch were really nothing more than debris from a high-altitude weather balloon, not a grounded flying disk (General Ramey 1A). The nuclear physicist Stanton Friedman said, ?Unfortunately, the media bought the Air Force cover-up hook, line, and sinker (Stacy 34).? The first decorated ma n to inspect the initial crash site Jesse Marcel said ?I still don't know what the material was, except it was nothing like I had ever seen before and it certainly wasn't from any weather balloon (Stacy 34).? In 1997 a piece of metal alleged to be a fragment from the Roswell crash was presented to local Roswell scientists for analysis. Dr. Russel VernonClark performed the tests on the material and found that the object had an abnormal ratio of Germanium. This element is not found on earth and has a life of only 1.35 hours. This was proof to Dr. VernonClark that the material was from an extraterrestrial craft. Dr. Jesse Marcel Jr. also examined the piece to compare it with the memory he has from the wreckage his father showed him in 1947. Dr. Marcel agreed that this object looked like the objects that he had seen after the crash (Broussard 1). Roswell is the most

Corrosion Audit essays

Corrosion Audit essays 5.Life of a material and remedies provided Corrosion is the electrochemical deterioration of a metal because of its chemical reaction with the surrounding environment. While new and better materials are continuously being developed, this progress is offset, in part, by a more aggressive operational environment. This problem is compounded by the fact that corrosion is a complex phenomenon. It can take many different forms and the resistance of materials to corrosion can drastically change with only a small environmental change. Corrosion is most often thought of as a slow process of material deterioration, taking place over a significant period of time (examples being general corrosion, pitting, exfoliation, etc.). Other forms of corrosion degradation can occur very quickly, in days or even hours, with catastrophic results. These forms (such as stress corrosion cracking, environmental embrittlement, and corrosion fatigue) depend on both the chemical and mechanical aspects of the environment and can cause catastrophic structural failure without warning. Some of the data of losses due to corrosion follows. In the United Kingdom the Paint Research Association has estimated that metallic corrosion costs developed countries some up to four per cent of gross national product (GNP) annually. In the UK this would equal about 30 billion. In the United States, various reports put the cost of corrosion slightly higher at four to five per cent, equating in that country to about US $300 billion, of which it is claimed that around one-third could be prevented. In India approximately 5% of the GDP is lost due to corrosion, of which again it is claimed that around one-third could be prevented. CORROSION AUDIT: There is no clear definition of corrosion audit. It mainly contains inspecting the corrosion sites, analyzing the reasons of corrosion, suggesting methods of prevention, doing the cost analysis of prevention and losses due ...

Analysis and Consequences of Legal Action(S) Essay Example for Free

Analysis and Consequences of Legal Action(S) Essay Analisis for successful lawsuit report Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action against Mechanics National Bank (â€Å"National Bank†). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider. Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work. You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence. Factual Background Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel property located in Palm Desert, Green. You contacted the hotel’s listing agent, Mr. Babak Gordon, and obtained preliminary data on the property, including financial statements of the hotel which you have provided us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary discussion regarding the purchase and sale of Hotel California. Ms. Ramirez offered to you by phone this property for $4.3 million, excluding the furniture, and the sale was to conclude following a 45 day escrow. On January 6, 2005, you faxed Ms. Ramirez a signed letter both indicating your acceptance of her offer and your preference that the transaction close following a 60 day escrow. Although you never received a reply or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a financing commitment from Bank of the West. Their conditions we re that the bank would obtain a first priority lien on the hotel property along with an unrelated undeveloped parcel of land owned by you in Lagoon Beach, Green. As you have shared with us, you acquired this land in 1984 and had managed to pay off its mortgage on November 1, 2004. However, National Bank failed to remove its lien on the property. You vigorously attempted to get National Bank to remove its lien on this property. You contacted bank officers and explained to them that the lien needed to be removed so that you could pledge the property as collateral and finance your purchase of Hotel California. Because National Bank did not remove this lien, you were unable to finance the acquisition of Hotel California. You later bought a hotel property â€Å"similarly situated† and â€Å"virtually identical† to Hotel California for $4.7 million dollars. Issue From our analysis, we find as reasonable your decision to consider pursuing legal action against National Bank for damages. You have cited National Bank as negligent for failing to follow instructions regarding the removal of a lien from the title of your Lagoon Beach property. If you proceed further to trial, a court of law will try, whether by failing to remove its lien on your Lagoon Beach property, National Bank committed the tort of negligence. Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s conduct breached that duty. * Actual and Proximate Cause: Actual and proximate causation between defendant’s breach and your (plaintiff’s) injury was present. * Injury: Injured party (you) sustained injury due to defendant’s actions. If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings. However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.) Remedies for Negligence If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.) Statutes Governing Contract Law Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green Civil Code and our legal library pertaining to 1) offer and acceptance, 2) Green’s statute of frauds, and 3) Green’s â€Å"mirror image rule.† For your convenience, we have bolded and defined legal terminology that will be reiterated in later sections of this correspondence. Offer and Acceptance An offer is the important first step in the contract formation process. A party (offeror) who makes the offer gives another party (offeree) to whom the offer is made the power to bind both parties to a contract simply by accepting the offer. Not every proposal qualifies as an offer. To distinguish an offer, courts evaluate offers on three grounds: First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree.† In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Statute of Frauds According to the Green Civil Code,  § 1624, any contract transferring an interest in land is invalid if not accompanied by â€Å"note or memorandum.† An unenforceable contract is one that meets the basic legal requirements for a contract, but may not be enforceable because of some other legal rule. A contract for which the statute of frauds requires a form of writing, yet no writing is made, may be declared an unenforceable contract. Mirror Image Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they indicate an intent by the offeree to reject the offer instead of being bound by its terms. Now that you have an understanding of the relevant law behind the tort of negligence and contracts, and are familiar with the legal terminology of these areas, we proceed into our analysis of the facts of your case and the prima facie case for the tort of negligence. ANALYSIS OF NATIONAL BANK’S LIABILITY Should you pursue further legal action against National Bank, you will have the burden of proving the elements of the prima facie case of the tort of negligence. Below are descriptions of these elements, accompanied by our legal analysis between the facts of the case, prima facie case, and case law from our legal library. Tort of Negligence In Commercial Escrow Company v. Rockport Rebel, Inc., negligence is defined as â€Å"conduct which falls below the standard established by law for the protection of others†. Because of the similarities in the facts between the case of Escrow Company and your case, this case has been used extensively in the forming of the following arguments. We recommend using this case in satisfying your burden for your legal action. Accordingly, you must argue that National Bank’s behavior in failing to remove the lien on your Lagoon Beach property fell below the standard for public protection established by law. Further, to successfully prove negligence, you must argue that National Bank is responsible for some injury you incurred stemming from their alleged mismanagement and failure to remove the lien on your property. With your notes, the facts of your case, and documents you provided us, we have constructed tentative arguments to determine the success of your legal action. You will find these arguments beginning on the next page. Duty According to the case, Commercial Escrow Company v. Rockport Rebel, Inc., â€Å"a defendant owes a duty of care to all foreseeable plaintiffs.† For example, in cases where a â€Å"[defendant] voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,† the defendant owes that plaintiff a duty to act with care. According to Judge Utter, a â€Å"defendant also [owes] the plaintiff a duty of care where a contractual relationship between the parties requires the defendant to act in a certain way towards the plaintiff.† Considering these rules of law, National Bank owed you a duty to act as you requested. In your previous correspondence, you indicated that National Bank is â€Å"the lender on your Lagoon Beach property.† You also submitted to us a copy of your deed of trust. To reiterate â€Å"the language in the deed of trust† as part of your contractual relationship with National Bank, National Bank was supposed â€Å"to promptly record a reconveyance of its lien on [your] property upon payment in full of the underlying loan.† Because National Bank failed to do this, we find it foreseeable that you would be prevented from using the property as collateral for your hotel acquisition. Additionally, you also mentioned that you â€Å"vigorously attempted to get†¦ National Bank to remove its lien on [your] property, but to no avail† and despite â€Å"repeated assurances from various officers.† Because National Bank officers assured and essentially promised you that they would remove the lien on your property, National Bank voluntarily assumed a duty to you, if no duty had been present beforehand. In essence, the assurances made to you to process your request indicate that National Bank voluntarily assumed, and therefore owed you, a duty of due care to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first element – duty – of the prima facie case of the tort of negligence. Breach of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to prove negligence, the â€Å"plaintiff is required to show †¦that [the defendant] had breached [defendant’s] duty of care to the plaintiff.† In most cases, a defendant owes a plaintiff a duty to act as would a reasonable person under similar circumstances. In the case of Escrow Company, the Court found that â€Å"in performing services for a client, [the] escrow company has the duty to strictly follow instructions.† Like an escrow company, a financial institution like National Bank most likely has a duty to strictly follow instructions drafted in a deed of trust, or part of a loan or other financial instrument. Because officers on behalf of National Bank did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your property’s deed of trust, you may successfully argue that National Bank breached its duty to you. According to our copy of your deed of trust you provided us, National Bank was required to â€Å"promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan.† You had managed to pay off the mortgage on this property on November 1, 2004. Despite this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you. Causation Satisfying the prima facie case for the tort of negligence also requires that a plaintiff prove that there is a connection (or actual causation) between the alleged breach of duty by defendant and injury suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., courts assess the existence of a connection between breach and injury by determining whether injury would have occurred if not for breach. A court would employ a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not secure financing for your acquisition of Hotel California. We find that there is a casual connection. Courts also evaluate the proximate cause (causation) between a defendant’s breach of duty and a subsequent injury suffered by a plaintiff. Proximate causation refers to whether the defendant’s breach of duty and subsequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to have officers at National Bank remove its lien on your property and informed them that you needed the lien removed in order to pledge the property as collateral, we find that your injury of loss of opportunity to acquire the hotel property was foreseeable. Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you have suffered injury because of National Bank’s alleged negligence. Due to National Bank’s failure in removing the lien on your Lagoon Beach property, the transfer of ownership agreement of Hotel California between you and Ms. Ramirez allegedly collapsed. Later, you purchased a â€Å"similarly situated† and â€Å"virtually identical† hotel property for $4.7 million, $400,000 more than what you would have paid for Hotel California ($4.3 million). In essence, National Bank’s alleged negligence caused you to incur an opportunity cost of $400,000. This loss of opportunity is under the assumption that a valid, enforceable contract existed between you and Ms. Ramirez. SUMMARY Because National Bank breached its duty by failing to remove its lien on your property, you were unable to secure financing for a $4.3 million acquisition of Hotel California. However, you later purchased a â€Å"virtually identical† property for $4.7 million. You may be entitled to the difference. DEFENSES AGAINST LIABILTY In this portion of this report, we detailed any applicable defenses relevant to your case, and outlined other considerations and concerns we advise you to consider. Although we have found that affirmative defenses to National Bank’s negligence are inapplicable to the particular facts of your case, we have other concerns to discuss. Other Considerations It is the opinion of Legal Eagles, LLP, that National Bank may argue that regardless of whether it removed the lien on your Lagoon Beach property, indefinite would be the transfer of ownership of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the failure to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue further legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the binding contract between you and Ms. Ramirez. Analysis of Income We have completely revalued the hotel property, Hotel California you were interested in. We used the same method(s) and approaches that most banks in our region would use to appraise the value of hotel properties. The expected value approach places weights on appraisals from two methods. First, we multiplied the past two years’ average gross margin by four. This holds a weight of 40%, because it is expected to be accurate 40% of the time. The value we derived from this method came to $2,462,380.00. Next, we took the present value of the average of the past three years’ cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final step is to assign the correct weight to each method and sum the two figures. We can therefore conclude that the Hotel California’s appraisal value is $2,488,305.48. In addition to this, it is acceptable for a company to sell what is known a s â€Å"goodwill.† That is why the listed price of 2.5 million dollars was overstated by $11,694.52. We know that the bank would only allow you to borrow up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or pledge to the bank a first priority lien on the vacant land as collateral. We also know that the latter option was not possible, so we will consider the former. We conclude that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to only provide $500,000 in cash for a down payment, you did not meet the requirements to borrow more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to borrow $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been enough to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we conclude that without pledging the vacant land as collateral, there was no way you could have borrowed enough money to make the purchase. Even though the appraised value was not enough for you to borrow a sufficient amount of money from Bank of the West, we believe the appraised amount you were given was not accurate. There are two reasons why we believe Desert Mirage Accounting should not have relied on the income statement and footnote provided by Ms. Ramirez’s accountant. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculated gross profit by taking revenue minus cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow generally accepted accounting principles (GAAP). A financial statement that follows GAAP must be accompanied by a signed opinion letter. The letter can be in the form of: 1) Compilation letter Finally, this letter must be signed by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. Therefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our initial observation of your case, we assumed National Bank’s failure to remove its lien from your Lagoon Beach property caused you to forfeit your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a thorough analysis of your case, we regret to inform you that you may not be able to prove damages stemming from National Bank’s failure to remove its lien from your property. Even though National Bank may have breached its duty to you, National Ba nk could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not legally entitled to the Hotel California property or other legal remedies. In essence, regardless of whether National Bank’s negligence can be proved, a transaction between Ms. Ramirez and you might not have occurred if a binding contract did not exist. We will clarify and explain this finding in the next section. Offer and Acceptance Analysis From our analysis, coupled with case law from our case library, we have found that there was no contractual arrangement between you and Ms. Ramirez. In arriving at this finding, we took into account the facts surrounding your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez. In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt & Company from our case library. In this case, the Court evaluated a plaintiff’s action for damages resulting from an alleged breach of contract. This plaintiff’s action for damages depended on whether there was an existing contract. The Court found that â€Å"no reasonable construction of evidence† admitted a binding contract between the parties; and that the correspondence that was provided to the Court amounted to â€Å"nothing more than an offer that was never accepted.† In essence, at the conclusion of the plaintiff’s case, the Court’s judge â€Å"entered a judgment decreeing that no contract was entered into, existing, or was ever executed.† Similar to your case, in Cayetano v. Merritt, the initial reply to the offeror’s offer by the offeree did not constitute an acceptance, contrary to what the offeree had thought. The offeree had included a â€Å"proviso† in his perceived acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer â€Å"must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract.† This decision supplements our discussing regarding Green’s â€Å"mirror image rule† below. (See Regarding Mirror Image Rule.) Additionally, the Court stated that â€Å"[t]he addition of any condition†¦ is tantamount to a rejection of the original offer and the making of a counteroffer.† In essence, the Court’s decision can be summarized by the following: â€Å"[w]here a person offers to do a definite thing and another introduces a new term into the acceptance, his answer is a mere expression of willingness to negotiate or is a counter proposal, and in neither case is there a contract; if it is a new proposal and it is not accepted it amounts to nothing.† Regarding Green’s Statute of Frauds A key element that is missing in the proof of a contract is that your agreement with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the party to be charged or by the party’s agent. In your situation, Ms. Ramirez made her initial offer orally over the phone and you replied by a signed fax. There was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would most likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other additional concerns we have: Regarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the â€Å"mirror image rule.† This rule states that in order for an offeree to properly accept an offer, the offeree must accept the exact offer that was established by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirez’s offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that â€Å"[t]he sale was to conclude following a 45-day escrow.† However, in your reply, you stated that you â€Å"would like to close escrow within 60 days.† A court of law would find that by changing the terms of Ms. Ramirez’s offer, you fail to meet the â€Å"mirror image rule,† and therefore terminated Ms. Ramirez’s initial offer and proposed a counteroffer. Documents you provided us detailing your correspondence with Ms. Ramirez indicate no communication on her part in accepting your counteroffer. Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal action by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have pursued legal action and you could be liable for having breached your contract for your failure to deliver on your promise. You entered into the alleged contract with Ms. Ramirez on January 6, 2005. Regardless of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to secure financing in either time frame. Approximately 80 days after entering the alleged contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no pending legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a binding contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSION Ms. Warren, we regret to inform you that success with your legal action is unlikely. There is a high chance you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the question of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue. As our analysis has indicated, a court of law will most likely try the issue of whether there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how much you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Bank’s negligence. RECOMMENDATIONS Ms. Warren, as Associate Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action: * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles, LLP, that pursuing further legal action regarding this issue, considering our evaluation of your case, will result only in additional expense on your part including legal and attorney fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating. With this in mind, there is another course of action I do recommend. Because you have already attempted to resolve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the regulatory agency of your former bank. All national banks within the state of Green are regulated by different agencies. If National Bank’s lien remains on your property, I recommend you pursue this alternate course of action: * Contact the appropriate state of Green regulatory agency of your financial institution (National Bank) and file a complaint. Your bank’s regulatory agency can help you with your concerns and complaints. There are many regulatory agencies in the state of Green’s banking industry. For your convenience, the appropriate regulatory agency of your former bank, and its details have been listed: According to the Federal Financial Institutions Examinations Council (for additional information visit www.ffiec.gov), National Bank’s regulator is the Office of the Comptroller of the Currency (for additional information please visit www.helpwithmybank.gov). You can visit and reach this regulatory agency online or by phone at (800) 613-6743. The Office of the Comptroller will assist you in getting answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with filing a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a let ter summarizing the results. Those who have sought our legal advice and even had similar experiences as you with National Bank as well have reported that intervention by a regulatory agency expedited the process and liens were eventually removed. We are confident that you have the tools to resolve this issue. ——————————————– [ 1 ]. The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. [ 2 ]. COMMERCIAL ESCROW COMPANY AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532; 1989 Tex. App. LEXIS 2263 [ 3 ]. CAYETANO J. APABLASA, Appellant, v. MERRITT & COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719; 1 Cal. Rptr. 500; 1959 Cal. App. LEXIS 1542 Analysis and Consequences of Legal Action(S). (2016, Mar 24). We have essays on the following topics that may be of interest to you

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They are also labor intensive and have around 450 associates working in their St. Cloud office.Although Dezurik and Capital One 360 differ in terms of service vs manufacturing, they share many similarities. Both corporations use technology. Dezurik uses modern up-to-date technology in the machines they use to manufacture valves, as well as in their 3-D solid modeling of valve parts and assemblies. Capital One 360 also uses technology by offering services over the web, phone, ATM or by mail. Both companies have qu ality, productivity, and response issues that must be dealt with on a daily basis to maintain customer satisfaction. Both companies must have forecast demand and each will have capacity, layout and location issues.Both Dezurik and Capital One 360 have business and operations strategies in place to ensure success in their respective businesses. Dezurik has a strategy of giving their customers high quality products that will withstand the test of time.   Capital One 360 wants to give the consumer an easy to use product that is incredibly efficient and environmentally friendly. Both companies have  strategies that are similar, while others are completely different from each other. Dezurik, being a pure manufacturing company, needs to focus more of their work on their manufacturing process.In order to produce the valves they need, they must regulate their supply to correlate with their demand. This can be shown in their manufacturing process. Dezurik has some valves that they are ma ss producing all of the time. They also are able to take on project builds for custom sizes and designs. These are two different segments of Dezurik which require two different business strategies. The first strategy that Dezurik has is to be continuously producing their standard size valves. This is a fairly straight forward operations strategy. 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In order to keep these relationships intact, Dezurik has a full time service team that travels around the world to ensure that their products are working correctly and that they have satisfied customers.Capital One 360 shares some similarities with Dezurik in their business strategies, but is completely different with their operations strategies. To begin, Capital One 360 is a pure service company. They have around the clock customer service to provide help and services to their customers. This is similar to Dezurik, but on a much larger scale. Since Capital One 360 has no physical locations, they need a much larger service department to help satisfy the demands of their customers. Their ser vice department does differ in that they do not need to travel around the world to help their customers, rather they can do it all from their computer with just a few clicks of the mouse.Capital One  360 has a unique business strategy for the banking industry. All of their banking business is done online. This means they have no physical banks. Also, all the money they have is virtual. This means they will need a large technical service department to help keep everything that is online, sorted out. Their operations strategies are different from Dezurik in several ways. First, Capital One 360 does everything online. They do have a sale department, but they never have to leave their cubicle to make a sale. This is different than Dezurik who may have to send their sales person out to a job site in order to ensure that the product they receive will be correct.While these two companies do share business strategies, their operational strategies do tend to be further apart from each othe r. Dezuriks process design supports product manufacturability and defines their product characteristics of appearance, materials, dimensions, and performance standards. Dezurik’s process design starts with the idea that customers need better valves. Dezurik uses a hands-on philosophy that begins with design. They then use modern computer aided design systems to construct 3-D models of valves and assemblies. From here, the models are transferred to an area where stress tests are performed on the models. The final step in Dezurik’s process design is continually analyzing and adding safety factors to the models to ensure long-term reliability.The flow chart inside Dezurik’s manufacturing facility starts at the loading docks. Here, ready to go shipments of valves are placed. As you enter further into the facility, the size of the valves placed in inventory decrease from 72 ’’all the way down to 3’’. This ensures that heavier and harder to move valves are placed closer to the loading dock to improve efficiency. Dezurik also uses intermittent operations, which means they produce a variety of products in lower volumes. Intermittent operations are used because different valves have different processing needs. This causes the workers to perform different tasks, and during the tour we learned that some workers switched stations on a daily basis. Dezurik has multiple buyers who want different specifications for every valve they receive.This creates a batch process within the manufacturing facility allowing Dezurik to separate one customers order from another customers order. Dezurik’s designing process and consideration consists of make-to-order strategy. Moving away from Dezurik and into Capital One 360, there is contrast in the design of services that  Capital One 360 has vs Dezurik’s design of goods. Capital One 360’s service design is unique in that the service and entire service concept are bein g designed. However, they are similar in which product and service design must match the need and preferences of the targeted customer group. Capital One 360’s flow chart differs from Dezuriks flow chart. Capital One 360 does not flow from one end of the building to the other in a line; instead they have different floors within their building where they communicate back and forth.This creates a batch process where each floor is a batch working on a different project then the other floors. This is also called intermittent operations where Capital One’s resources are grouped together by function. The overall efficiency at Capital One 360 is around 65%. Both Capital One 360 and Dezurik have Total Quality Management plans in place to help ensure that their customers get the products and services that they want. Capital One 360 has different banking plans that have been developed to help cover a wide range of customers. Basically, they have standardized their products to he lp ensure efficiency and to keep costs lower.Dezurik on the other hand, has many different products and services that can be produced based on what the customer wants. This may not be as efficient, but it gives them the advantage in securing business that cannot be obtained by companies that incorporate standardization. Dezurik also does a ton of product testing to ensure that the customer is getting a product that is guaranteed to last a long time. Capital One 360 and Dezurik also work with JIT. Just In time production can be shown more effectively in Dezurik since it is a pure manufacturing company. They use a pull system for production which causes them to have an inventory of their products. They can increase or decrease their production of certain models based upon forecasting.Capital One 360 does not focus as much on Just-in-Time manufacturing, rather they spend more of their time using TQM and respect for people. Since they are purely a service company, They are constantly wo rking with people to ensure that they have an enjoyable experience banking with Capital One 360. If Capital One 360 doesn’t respect their customers, it would be extremely easy for their customers to take their business to another bank. Like Capital One360, they also need to focus on TQM. They need to constantly be updating their products and services to give the customer want they want. They need to be surveying and working with their customers all the time to help them  develop effective strategies in the online banking world.Capital One 360 does focus a lot on Six Sigma. They have people in house that are constantly working to help make the company more efficient and effective. Basically, there are only four defects per million opportunities. This forces Capital One 360 to run incredibly lean. A few ways they do this is by going completely paperless. This saves a ton of money, as well as paper. Another way Six Sigma has been useful to Capital One 360 is in processing time . They have reduced the amount of time it takes to pull up and process a customer when they are on a service call. This is critical because the faster they can make their customer service process, the faster they can help more people. By doing some serious improvements to Capital One 360, they have become incredibly lean and efficient. This is different than Dezurik.They can’t run Six Sigma because they take on custom jobs. These can be made more efficient, but to run a whole company Six Sigma test just is not practical.Dezurik follows Kaizen, continuous improvement, which requires the company to continually strive to get better at manufacturing valves through learning and problem solving. One way they comply to Kaizen is in their testing room, where they test their valves to see where any improvement can be made. Dezurik uses a pull system where communication is made possible through the use of kanban cards. These kanban cards consist of the product name, the part number, an d the quantity that needs to be produced. The kanban cards are attached to a group of Dezurik’s products.When the employees need products from a preceding workstation, they pass the kanban to that station. This kanban authorizes the worker at the preceding station to produce the amount of goods specified on the kanban. These kanban cards are placed in visible areas for everyone to see. There are as many kanban cards in the system as there are batches of products or valves. This allows Dezurik to continually improve the efficiency of their system. In contrast, Capital One 360 does not have kanban cards, but they do follow the Kaizen approach of continuous improvement. Capital One 360 is constantly trying to help their customers save time and money. They are doing this in part by offering simple financial products such as giving fee-free checking and savings that they can access from their own computers. They are also continually trying  to find ways to outpace and outperform their competitors.This approach forces Capital One 360 to continually improve their business functions in order to get a step ahead of competitors. Layout and design for Both companies is incredibly different. Dezurik, being a pure manufacturing company, has their main office, and they also have a large warehouse where they manufacture their valves. The front office of Dezurik is rather old. This works for them because they don’t necessarily need to keep up with the newest, up-to-date technology to make their valves. Instead of investing money into their office, they have spent more of their money investing into newer, more efficient machines in their warehouse. They have also changed some of their design to allow for a more efficient production process. They run a pull process at Dezurik. At one end of the plant, they take in all of their supplies.The supplies then get put into an inventory rack until they are needed. The supplies are then distributed throughout the factory to where they are assembled. The first area you walk into from the supply area is where all of the standardized valves are made. They have multiple stations where one person is running about four machines constantly. These are very efficient. This is because they have outsourced the production of their standard valves to China for manufacturing. The next segment of the plant is made up of several assembly lines that produce other varieties of products. The other side of the warehouse is where all of the large valves are made. They are made here because they typically are too large to be moved across the entire plant. This end of the warehouse is also where their products get painted.The paint booths are strategically placed at the end of the assembly lines so that as soon as the products are manufactured, they can be painted. They then get sent off to testing. All the valves they make are tested to ensure that the product can withstand the pressures of daily use for years. After th e products are tested, they are either loaded onto trucks and sent off, or put into the warehouse until they are needed. Capital One 360 has a completely different layout than Dezurik. To start out, They are in a very modern building located right in the middle of downtown St. Cloud. When walking in the door of Capital One 360, the first thing you will notice is that you are in an ultra-modern cafà ©. Since Capital One 360 doesn’t have physical banking locations, the cafes are the closest thing that people can get.These cafes are not just for a cup of  coffee either, the people who work at these cafes are a highly knowledgeable sales associate who can make you a latte and sell you a checking account at the same time. This is for people who are either curious, or just not as comfortable with starting a new bank account online. Once past the cafà ©, Capital One 360 pretty much looks like almost every other office building except for a few key features. The first is that All the departments are located separate from each other. Sales is located on one floor, while fraud protection is located on another floor. Capital One 360 also has an interesting layout design. The cubicles are very different from your traditional office building.To start, they run diagonally across the entire floor. They also are much shorter than a normal cubicle. This is so people can locate each other without having to walk across the office to find out they are not there. They also are not enclosed. This promotes an open workspace that allows people to communicate information quickly and efficiently. Another interesting aspect is that they only have about 60 percent of their office filled with employees. This is so that they can grow and add on employees at any time. The new employees can start and have their own functional workspace instantly.Capital One 360 also has a central command area located right in the middle of the office. This is where security works. Also this comman d center has TV monitors that are linked up with their other offices around the country. This feature is so they all can be working together with their offices all around the country. If something happens at their Delaware office, they can get it verified by their office in St. Cloud.Capacity planning within Capital One 360 and Dezurik are decisions that depend tremendously upon forecasts of demand. These forecasts determine the size of current and future capacity needs. Capital One 360 recently put their capacity planning into effect when they purchased ING Direct and moved into a new building downtown St. Cloud. Capital One 360 made the choice to expand now enabling it to meet customer demand not only for now, but also in the future. If Capital One 360 planned its capacity incorrectly, they may find that they don’t have enough output capability to meet customer demands, or has too much capacity sitting idle. Capital One 360’s move into the new building required long- term commitments and expensive resources.This move  of purchasing a new building came in anticipation of greater demand from their customers. To measure Capital One 360’s capacity, you need the amount of available capacity and the effectiveness of capacity use. From our tour of Capital One 360, we determined that their capacity was operating at an efficient level. When examining Dezurik’s capacity planning, we looked at their recent expansion. In 2011, Dezurik acquired two water and wastewater brands and then in 2012 Dezurik acquired a valve company. This tells us that Dezurik is expanding to meet customer demands in the future. These recent acquires to Dezurik increases capacity and allows them to meet customer demands as well as sales.We can reasonably measure Dezurik’s capacity by measuring their input, which is labor hours, with their output, which are valves per shift. However this is not a very effective method to measure capacity because Dezurik produce s many types of valves. We believe that Dezurik is having success because of its focused factory that responds more efficiently to demand. In todays’ world, large factories need to be more flexible and focused, and from the tour, we believe Dezurik is doing a good job of staying agile within the industry.This will help Dezurik identify long-term capacity requirements in their forecasts of future demand. In Dezuriks planning for capacity, they have strategic and tactical decisions. Their strategic decisions consist of what investments in new machines and equipment it should make, and by the looks of it, they are investing in new machines that increase automation and decrease manual labor. Their tactical decisions consist of planning their workforce, inventories, and day-to-day use of machines. From the tour, we learned that some of the new machines run 24 hours a day. Dezurik and Capital One 360 have similarities in their capacity planning, that being that they are both prepar ing for long-term and high customer demands in the future.Let’s look at some of the strengths of Dezurik. The first strength is that they make a high quality product. Also, they have a very efficient production process for their standardized products. Another pro for Dezurik is they are working hard to become more efficient. They are implementing all sorts of new machines to help speed up and improve the manufacturing process. There are multiple weaknesses that plague Dezurik. To start, they are not an efficient company. This is mainly due to the poor layout of their production area.A second weakness is that they have begun to outsource some of their products to  China. This can be a negative because if they get a bad shipment, it can take over 6 weeks to be corrected. This could become a huge problem if they get the wrong product sent multiple times. There are a few opportunities that Dezurik can expand into. For starters, they are putting in a new paint booth. This will h elp cut down on time. Before, they outsourced their paint of some products to a place in Alexandria. This means that the product had to leave and come back before it can be shipped out.They are also making their assembly line more efficient which will really help them improve the speed at which they can produce valves. Dezurik does have some threats that they have to deal with looking into the future. The biggest threat will be imports from China and other places. These places have very low labor costs, and they also don’t have the same environmental regulations that we do. This means that they are able to produce similar products at a much cheaper price. The only flaw is that these products also tend to be of a much lower quality. This is why Dezurik has not been highly affected by this threat. Capital One 360 has multiple strengths as well. The first is they are incredible efficient.By not using any paper, they are able to cut down on the amount of waste that they have. No physical banks helps to cut down on their carbon footprint too. Second, by utilizing standardization, they are able to run a very lean company. These strengths can also be some of their weaknesses. Having no locations means that people have to do all of their banking online, or over the phone. They cannot go to the bank to talk to a person, rather they have to call into their customer service lines and do all of their problem solving over the phone. There are some opportunities that Capital One 360 has that they are taking advantage of. They are targeting the younger generation. This is because they are appealing to the tech savvy crowd.They younger generation tends to be more familiar with technology. They will be able to expand into this younger generation, and this is where their greatest opportunity will lie. In the world of banking, there are threats all over the place. For starters, all the banks are going to online banking. Most of these banks also have physical locations tha t people can go to when they have questions. Also, you will tend to be more of a number at Capital One 360. At the smaller banks, people will know you by name, and the service will be more  personal. If Capital One 360 can deal with these threats, they will be able to succeed in a threat filled environment.There are a few recommendations that could be made for both Dezurik and Capital One 360. To Start with Dezurik, we would recommend that they make some serious improvements to their factory layout. They should be able to take the supplies right off the truck and instantly put them into production. They could implement a better JIT strategy. They are doing a good job of spreading their business around the world. We would also recommend that Dezurik should go paperless. Its more sustainable, and it would help them to move towards and electronic inventory system. This would speed up their order processing time, and make them more efficient. For Capital One 360, we would recommend th at they begin to open more cafes around the United States.These are a tangible part of Capital One 360 that consumers can actually go. Also, they could provide their users with more banking options. Giving their customers banking options can be key in making them feel like they are more than just a number to Capital One 360.In Conclusion, Both Dezurik and Capital One 360 are both leaders in their respective industries. Dezurik, being a purely manufacturing company, is run completely different from Capital One 360. Being a bank, Capital One focuses their efforts on its services. This means they are more frequently talking to consumers while providing them with a service. Dezurik focuses its efforts on their manufacturing operations. Both companies compare and contrast greatly in relation to various operational elements. Overall, these are two strong companies that are innovative and leading the way in their respective fields.

Essay about Declaration Of Independence - 1591 Words

It was the 4th of July in 1776 when delegates from all thirteen colonies assembled at Independence Hall in Philadelphia, Pennsylvania. Not knowing the full significance of what was about to take place that day,the delegates would do something that would forever change the course of the American people. Throughout history, only a few documents have changed the way we as a nation view politics and carry out our everyday lives. The document mentioned above was the Declaration of Independence. It changed the course of history because it granted America its freedom from Great Britain. Originally, there was a committee created to compose the document which consisted of John Adams, Benjamin Franklin, Roger Sherman, Robert R. Livingston, and†¦show more content†¦Having said this, it is helpful to know the origins of this belief. In the following paragraphs, a brief history of The Declaration of Independence will be discussed so the origins of this idea are clear. Although Thomas Jefferson gets credit for writing the Declaration of Independence, one must first understand where most of the ideas came from. According to Dr. Vaughn Huckfeldt during a class lecture, an English philosopher by the name of John Locke developed his own political views and published them in the late 1600’s in his Two Treatises of Government. At the beginning of the Declaration, it is mentioned that all men are entitled with â€Å"certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.† In Locke’s 2nd Treatise of Government, he begins by using his theory of the state of nature in order to define the nature of power. Locke describes the state of nature as a place of equality in which no one person has any power over another and all people are free to do as they please. He argues that although the state of nature is a place of perfect freedom, it is still governed by natural law. When discussing law, the Declaration sets a foundation which the United States government is based on. The Declaration states to secure the rights of the people, governments have to be instituted among the people; however, when a government rules without consent, it is considered to be unjust. Even when being just, no one has theShow MoreRelatedThe Declaration Of Independence And The Declaration Of Independence1833 Words   |  8 Pagessocieties all over the world, the government has always been viewed as the powerhouse and reliable source for a country’s decision-making process. Another similar source of official government documentation exists in the Declaration of Independence. The Declaration of Independence was written by the third president of the United States, Thomas Jefferson. During that time period that Jefferson seemed to be the most significant towards the political spectrum, America was just about to enter a birthRead MoreThe Declaration Of Independence And Inde pendence1501 Words   |  7 PagesThe Declaration of Independence The Declaration of Independence is one of the most important document in U.S history that helped led to this country s independence from Great Britain. The Declaration of Independence helped us earn our freedom to become an independent nation with our own rules. However, without Thomas Jefferson and the rest of their concerns and reasons for separating this wouldn t have been possible. The writing alone wouldn’t have made this document memorable.The use of rhetoricalRead MoreThe Declaration Of Independence And Independence877 Words   |  4 PagesThe Declaration of Independence The Declaration of Independence is without a doubt one of the most important documents ever to be written in American history so far. It was signed by fifty-six different men, all who were representatives from different states. The person who wrote the Declaration of Independence is someone who we all know and grew up learning about, the famous Thomas Jefferson. The purpose of it was to declare the 13 colonies in America free and independent from Great Britain, getRead MoreThe Declaration Of Independence And Independence969 Words   |  4 PagesThe US Constitution, The Declaration of Independence as well as the Letter to the Danbury Baptist are not just historical documents, but some of if not the most important documents of the history of our nation. Although, similar in many facets the intentions and the goal pursued by each highlight their individuality. The fact that the Declaration of Independence was the first to be implemented and signed is of significant importance as it set the pace and put in motion the proceeding documents thatRead MoreThe Declaration Of Independence And Independence1972 Words   |  8 PagesThe Declaration of Independence brought America its independence, and it self, as well as our constitution. The declaration of independence had many positive effects on America. The Declaration of Independence is the usual name of a statement adopted by the Continental Congress on July 4, 1776. This stated that the thirteen American colonies, called themselves the thirteen newly independent sovereign states, and that they were no longer a part of the British Empire. Instead of staying in the BritishRead MoreThe Declaration Of Independence And Independence3280 Words   |  14 PagesWho were the writers of the Declaration of Independence? Who are our founding fathers and where did they receive these great ideas? I will examine the main writer of the Declaration of Independence Thomas Jefferson and look at the sources he used to begin our count ry. If Thomas Jefferson was a student at the United States Sergeant Major Academy, and he submitted his Declaration of Independence to turn it in would he pass? Were our founding fathers even great thinkers or were they just takingRead MoreThe Declaration Of Independence And Its Independence1765 Words   |  8 PagesThe Declaration of Independence remains a sacred but a poorly understood document to numerous people. To understand the most significant issue found in the document itself, we must first observe the historical context behind the text itself. Commonly, the text itself represents a range of America’s efforts to create a new and independent society but what made Americans so prone to declare itself its independence? As the document reveals a list of issues that ultimately led civilians to free themselvesRead MoreThe Declaration Of Independence1330 Words   |  6 Pagesparagraph of the most significant of all American historical documents, the Declaration of Indep endence. The very theory of natural rights dramatically influenced the conception of this starting paragraph. Natural rights is a political theory that strongly asserts that each individual who enters into any society possesses certain rights that no government can deny. The Declaration of Independence is a full and formal declaration adopted on July 4, 1776 by the representatives of the thirteen coloniesRead MoreThe Declaration of Independence1200 Words   |  5 Pages The Declaration of Independence is one of the most remarkable documents of the United States of America. The elaborate document contains almost fourteen-hundred words including a basic structure divided into two parts and within the two divided parts contains four main ideas within seven components. The declaration is not just any standard written document; it is a work of art painted by colonists who are driven by rage because of King George III of Great Britain injustices’ toward the coloniesRead MoreThe Declaration Of Independence857 Words   |  4 PagesThe Declaration of Independence, written in 1776, has been interpreted and used many times by people throughout the 20th Century. The three most dominant are the Progressive, dominant during the first half, Neo-Whig, dominant during the middle half,and variant of the Neo-Whig, dominated during the last half. The interpretation that makes the most sense to me is the Neo-Whig. I agree with Neo-Whig because in that it is a â€Å"logical culmination of a decade-long pamphlet war† because if I were treated