Sunday, April 5, 2020
Florida Bar Association Rules of Professional Conduct Essay Example Essay Example
Florida Bar Association Rules of Professional Conduct Essay Example Paper Florida Bar Association Rules of Professional Conduct Essay Introduction Rules of Professional Conduct (Chapter 4, Rules Regulating The Florida Bar) On This Page I. Issue II. Bar Position III. Background IV. Facts and Statistics [pic] I. Issue On January 1, 1987, the Code of Professional Responsibility ceased to govern lawyers in Florida. The Code was replaced by the Rules of Professional Conduct, which is Chapter 4 of the Rules Regulating The Florida Bar. The new Florida rules, patterned after the American Bar Association (ABA) Model Rules of Professional Conduct but stricter in many instances, provide updated ethical standards for attorney behavior and the structure for regulating conduct. Attorneys who violate the rules are subject to disciplinary proceedings brought by the Bar with penalties imposed by the Supreme Court of Florida. Advantages of the new rules include: â⬠¢ Greater clarity, therefore promoting greater understanding of professional standards; improving ease of access for the average practitioner and offering a more definite framework for disciplinary procedures. â⬠¢ Guidance in many matters not addressed in the Code of Professional Responsibility. New Rules of Discipline (Chapter 3, Rules Regulating The Florida Bar), which took effect at the same time as the Rules of Professional Conduct and amended further March 16, 1990, allow the Bar to publicly acknowledge complaints against attorneys after the Bar has formally filed a complaint against an attorney with the Supreme Court of Florida (cases received before March 17, 1990) and after grievance committee or staff disposition, including dismissals (cases after March 16, 1990). The Bar will be able to acknowledge that fact by citing the attorneyââ¬â¢s name, the nature of the omplaint and the status of the case. Previously, before January 1, 1987, such information was usually released only after the Supreme Court issued the discipline order ââ¬â often months or years after the formal complaint was filed. The new discipline rules also increase the disbarm ent period from three to five years (before an attorney can apply for readmission). The rules of discipline were amended with respect to abolition of the ââ¬Å"gag rule,â⬠substantial reduction in the amount of confidentiality attached to disciplinary cases and to allow for more streamlined grievance committee procedures. Florida Bar Association Rules of Professional Conduct Essay Body Paragraphs On February 9, 2000, The Florida Bar petitioned the Supreme Court to amend the Rules Regulating The Florida Bar. Some modifications were accepted and are now reflected in the Rules Regulating The Florida Bar. The most recent amendments to Chapters 3 and 4 of the Rules Regulating The Florida Bar were enacted by the Florida Supreme Court in Amendments to Rules Regulating The Florida Bar, 29 Fla. L. Weekly S265 (No. SC03-705, 5/20/2004). Back to Top [pic] II. Bar Position A. American Bar Association Position The Model Rules reflect years of effort by a commission of the ABA. The Florida Bar was active in the development of the Model Rules and many of its recommendations were included in the final Model Rules document. B. The Florida Bar Position Floridaââ¬â¢s Rules of Professional Conduct are based on the Model Rules with modifications specific to the state. The rules were submitted to the Supreme Court and were approved with minor changes in July 1986. The Rules of Professional Cond uct reflect the position of The Florida Bar on matters of attorney conduct and discipline. Back to Top [pic] III. Background A. Historical The first national standards for lawyers were the Canons of Professional Ethics, adopted by the ABA in 1908, and subsequently by most state lawyer regulatory bodies. In 1969 the ABA replaced the Canons with the Code of Professional Responsibility, which was in turn, adopted in varying forms by all state bar associations. In 1977, the ABA leadership determined the code needed reworking and appointed the Commission on the Evaluation of Professional Standards, commonly known as the Kutak Commission. After six years of comment, debate and redrafting, the Kutak Commission proposed its final work product, the Model Rules of Professional Conduct, which the ABA adopted in 1983 to replace the Code of Professional Responsibility. The Florida Bar appointed a special study committee of lawyers and law professors from throughout the state to study the propose d rules and make recommendations regarding their adoption in Florida. After thorough review, debate and public hearings, the committee recommended that the rules be adopted with some modifications. The Florida Barââ¬â¢s Board of Governors concurred, and after lengthy consideration, the Florida Supreme Court entered its order adopting the rules, effective 12:01 a. m. on January 1, 1987, in place of the Code of Professional Responsibility. B. Format The Code of Professional Responsibility was in a three-part format: the nine Canons, the Ethical Considerations and the Disciplinary rules. The purpose was to state the general maxims in the Canons, and aspirational objectives in the ECââ¬â¢s, and the enforceable standards in the DRââ¬â¢s. The Kutak Commission found that the Code of Professional Responsibility, including the varying standards found in the Canons, ECââ¬â¢s and the DRââ¬â¢s, were cumbersome and difficult to apply in the practical resolution of ethical dilemmas arising in the everyday practice of law. With the increasing size of the Bar and the need to provide more effective ethical standards for lawyers, the Kutak Commission believed that the restatement format would make the rules a more useful tool in the practice of law and in disciplinary procedures. The rules also provide substantive guidance in many areas not addressed by the code. The rules abandon the three-part format of the Code. The rules appear in a restatement format, with a total of 50 black letter rules in eight parts (Client-Lawyer Relationship, Counselor, Advocate, Transactions With Persons Other Than Clients, Law Firms and Associations, Public Service, Information About Legal Services, and Maintaining the Integrity of the Profession). Accompanying each rule is a comment explaining the purpose of the rule and providing a guide to interpretation. The comments explain and interpret the rules, but their statements of appropriate conduct, to the extent that they go beyond th e actual mandates of the rules themselves, are not mandatory or binding. Back to Top [pic] C. Substantive Some of the areas where The Florida Bar has adopted stricter standards than the ABAââ¬â¢s Model Rules include: â⬠¢ Client Confidentiality. Florida rules require a lawyer to reveal information to prevent a client from committing a crime or to prevent a death or substantial bodily harm to another. The ABA Model simply leaves revelation of that information to the discretion of the lawyer. Contingency Fees. Florida rules require that all such arrangements in personal injury and property damage cases be in writing and closing statements disbursing such fees also be in writing. Percentage caps are also in place for personal injury and wrongful death cases. The ABA has no such cap requirements. Fee splitting is also addressed in the rules. A client must approve most fee splits before attorneys can share a fee and the closing statement must reflect who received what fees. For the most part, the substantive content of the rules is consistent with the Code of Professional Responsibility that they replace. Some examples of where the rules vary from the code, or address matters not found in the Code include: â⬠¢ The rules are consistent with the recent pronouncements of the U. S. Supreme Court on advertising and essentially permit any form of advertising that is not false or misleading. â⬠¢ Lawyers are allowed in certain situations (including the aftermath of disasters) to solicit clients through direct mail advertising. â⬠¢ Lawyers are required to report ethical violations by other attorneys that raise a substantial question as to the lawyerââ¬â¢s honesty, trustworthiness or fitness as a lawyer. Previously, reporting violations by other lawyers was discretionary. The rules permit disciplinary action against a lawyer who knows of serious misconduct by another lawyer but fails to report it. Attorneys have a similar responsibility relative to judic ial misconduct. â⬠¢ Attorneys are forbidden from using means that have no substantial purpose other than to embarrass, delay or burden a third person and forbidden from making a frivolous discovery request in a pretrial procedure. Lawyers are required to make reasonable efforts to expedite litigation consistent with the interests of the client. â⬠¢ Forwarding fees (sometimes called ââ¬Å"referral feesâ⬠) are expressly permitted not only when they are divided in proportion to services rendered, but also where each participating lawyer merely assumed joint responsibility with the client consenting in writing. â⬠¢ The rules expressly permit lawyers to advance costs contingent upon outcome of litigation. â⬠¢ The rules expressly permit a member of a lawyerââ¬â¢s firm to be a witness in a trial in which the lawyer is trial counsel. Circumstances in which a lawyer may accept employment adverse to a former client are expressly addressed for the first time. â⬠¢ C onsiderations in corporation representation, including conflicts that may arise within the organization, are treated directly for the first time. â⬠¢ The principle of confidentiality between lawyers and clients is expanded from the codeââ¬â¢s concepts of ââ¬Å"confidencesâ⬠and ââ¬Å"secretsâ⬠to any information relating to representation. â⬠¢ The rules expressly permit a lawyer to act as an intermediary between two or more clients in certain circumstances. The rules address the separate responsibilities of senior and subordinate lawyers in law firms, and the responsibilities for legal assistants, for the first time. â⬠¢ For the first time, lawyers are allowed to participate in referral services operated by someone other than local bar associations and The Florida Bar. In other words, they can participate in privately (nonlawyer) operated, for-profit referral services. Back to Top [pic] IV. Facts and Statistics The Florida Bar Lawyer Regulation Department [pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |Year |Complaints Received|Disbarments |Suspens- |Public |Resignat- |Admonish- | | | | |ions |Reprimands |ions |ments | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1980-81 |3,648 |15 |38 |18 |4 |87 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1985-86 |6,268 |29 |65 |29 |13 |189 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1990-91 |8,068 |27 |110 |66 |38 |N/A | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1991-92 |8,234 |39 |110 |56 40 |107 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1992-93 |7,497 |33 |128 |48 |37 |142 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1993-94 |7,796 |23 |123 |54 |37 |142 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1994-95 |8,470 |29 |135 |62 |33 |148 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1995-96 |8,839 |35 |146 |63 |25 |111 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1996-97 |9,436 |36 |127 |66 |36 |88 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1997-98 |9,317 |32 |150 |60 |38 |62 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1998-99 |9,101 |29 |144 |49 |44 |66 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |1999-00 |9,491 |35 |132 |43 |30 |57 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |2000-01 |9,280 |38 |155 |57 |38 |70 | |[pic] |[pic] |[pic] [pic] |[pic] |[pic] |[pic] | |2001-02 |8,691 |20 |133 |69 |29 |52 | |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] |[pic] | |2002-03 |8,671 |40 |116 |43 |26 |70 | Prepared by The Florida Bar Department of Public Information and Bar Services with assistance by the Lawyer Regulation Department and the Ethics and Advertising Department. 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Sunday, March 8, 2020
10 mejores y 10 peores estados para hacer negocios
10 mejores y 10 peores estados para hacer negocios Para losà hispanosà que residimos en Estados Unidos es importante conocer cules son los mejores y los peores estados para hacer negocio por una razà ³n muy simple: somos el grupo con el porcentaje ms alto de emprendedores. Y es que 11 de cada 100 tienen un negocio, siendo la presencia latina especialmente notable enà empresas de limpieza, jardinerà a, reformas de viviendas, eventos y negocios que requieren licencias profesionales. Muchos de los negocios son pequeà ±os y en realidad son una forma de autoempleo, particularmente entre los migrantes mexicanos y entre los mexicano-americanos que son dueà ±os de aproximadamente 800 mil negocios de este tipo. Est claro que los negocios son importantes para la comunidad latina, tanto para la ya asentada como para la recià ©n llegada y eligen esa opcià ³n como los que no tienen otro remedio porque llegan con unaà visa E-2à que debe ser renovada perià ³dicamenteà o unaà green card por inversià ³n. Por esta razà ³n conviene conocer en cules de los 50 estados de Estados Unidos existe una regulacià ³n y un clima econà ³mico y empresarial que favorece la creacià ³n y el crecimiento de los negocios. Por ello este artà culo comprende: Lista general de los 10 mejores estados para hacer negociosLista general sobre los 10 estados en los que es ms complicado y dificultoso sacar adelante un negocioY lista de los 5 estados que los empresarios latinos prefieren para desarrollar su idea de negocio, que no siempre coincide con el listado general. Son muchas las listas que se hacen anualmente sobre los mejores y peores estados para hacer negocio. Aquà seguimos la de Forbes, por su amplitud y metodologà a, pero en general puede decirse que hay pocas variaciones entre los diferentes listados. Se han valorado factores como: potencial econà ³mico para el futuro, regulacià ³n sanitaria y de contratacià ³n, disponibilidad de trabajadores, calidad de vida, clima econà ³mico y costo para hacer negocios. Los 10 mejores estados para emprender Utah, destacando en potencial de crecimiento (poblacià ³n: 2,963,000)Carolina del Norte, que sobresale en regulacià ³n favorable para los negocios (poblacià ³n: 9,992,000)Nebraska, tambià ©n con un excelente clima regulatorio (poblacià ³n: 1,877,600)Dakota del Norte, con un buen clima econà ³mico, influenciado por los hidrocarburos (poblacià ³n: 744,600)Colorado, el estado nà ºmero 1 en normas laborales (poblacià ³n: 5,397,200)Texas, el estado con el mejor clima econà ³mico (poblacià ³n: 27,187,700)Virginia, el mejor estado desde el punto de vista regulatorio (poblacià ³n: 8,355,200)Indiana, el mejor despuà ©s de Virginia en regulacià ³n (poblacià ³n: 6,608,900)Dakota del Sur. el estado con menor costo para hacer negocios (poblacià ³n: 856,200)Washington, un estado con excelentes perspectivas de crecimiento (poblacià ³n: 7,108,400) Los 10 peores estados para hacer negocios En esta lista se empieza con el menos malo de los top 10 para acabar con el que califica como el peor, es decir, Virginia Occidental. Nueva Jersey, sà ³lo en un estado es ms caro hacer negocio (poblacià ³n: 8,947,700)Vermont, es caro hacer negocios y mucha regulacià ³n (poblacià ³n: 626,500)Hawaii, un estado para vivir pero no para hacer negocios (poblacià ³n: 1,424,900)Alaska, un estado muy caro (poblacià ³n: 738,000)Rhode Island, sà ³lo califica bien en calidad de vida (poblacià ³n: 1,056,900)Nuevo Mà ©xico, el estado con mayor porcentaje de hispanos (poblacià ³n:2,085,300)Maine, destaca por su lado positivo, la calidad de vida (poblacià ³n: 1,331,600)Mississippi (poblacià ³n: 2,995,700)Virginia Occidental, el estado que peor califica en oferta de trabajadores y regulacià ³n (poblacià ³n: 1,844,900). Los mejores y los peores para los emprendedores latinos Los empresarios hispanos en Estados Unidos destacan en la creacià ³n de pequeà ±as empresas e incluso en las que su objetivo es el autoempleo y tienen un à ºnico empleado: el propio emprendedor. Por ello, prefieren estados donde las regulaciones laborales, de salud y de seguridad le sean favorables para sacar adelante su pequeà ±o negocio. Por estas razones, en las encuestas estos son los cinco estados preferidos por los empresarios latinos para hacer negocio: TennesseeOregà ³nUtahPennsylvaniaTexas Curiosamente, tres de los estados con una amplia presencia latina como son California, Nueva York y Florida, no aparecen en ninguna lista entre los mejores para hacer negocios. A tener en cuenta antes de fundar un negocio Los ciudadanos americanos y los residentes permanentes legales podrà an tener acceso a subvenciones para negocios, tanto de carcter federal como estatal o incluso local. Es importante informarse sobre posibles ayudas para prà ©stamos, subvenciones, asistencia local y condiciones para calificar para contratar con el gobierno en la pgina oficial del Small Business Administration, que tiene una versià ³n en espaà ±ol. Adems, todos los empresarios en potencia debe tener en cuenta que es importante familiarizarse sobre las formas jurà dicas que se le puede dar al negocio para crear una empresa. Puede haber diferencias importantes a la hora de pagar impuestos o de proteccià ³n ante la ley.à Asimismo, considerar familiarizarse con el sistema de franquicias si les gustarà a lanzarse al mundo del emprendimiento pero no se sienten seguros porque no conocen bien las regulaciones. Y, finalmente, antes de empezar a hacer gastos, conviene realizar si es posible un buen plan de negocios y contabilizar todos los gastos que puedan surgir, tales como abogado, contable, licencias, alquileres, seguros mà ©dicos, impuestos, derechos de los empleados, salarios mà nimos, etc.
Friday, February 21, 2020
Choose an organization of your choice, (a) write about their strategy Assignment
Choose an organization of your choice, (a) write about their strategy in depth, (b) write about the communication inside the organization in general and manager communication methods - Assignment Example One of the primary strategies of this company is to have a strategic management analysis, which will allow the company expands and have other more outlets around the world (Branson, 2013). By putting in place the SWOT analysis, the organization has identified this strategy as strength, and which is internal to the company. In the process of trying to accomplish this, the company has put in place the core strategy of developing its major pillars of its business empire. These major components include; travel, leisure, individual finance, telecommunication, and entertainment retailing services that the company offers. To realize this, the organization has been looking for capable managers as well as training the existing ones so as to achieve the goal of its strategic management. Another major strategy of the company is the competition policy, mainly put in place so that the enterprise can outdo its competitors in the market. The company has come up with strategies that have enabled it to attract its customers over a short period. The organization has been able to produce different products, with different packaging and branding so as to differentiate it from those of the other competitors. After reviewing the SWOT analysis, the company identified competition and customers as some of the competitors and prices as the threats of the enterprise. Being external, it has been able to apply blueprint strategy on leveraging strength and opportunities as well mitigating some of its daily threats and weaknesses (Virgin Australia Holdings Limited, 2014). The organization has been able to lower the prices of its products by adding back its profit to the production costs, hence experiencing relatively low production costs. These reflect on the low prices of their services to their clients and in turn winning as more customers as possible, in the long
Wednesday, February 5, 2020
Assault, Battery, and Crimes against Persons Term Paper
Assault, Battery, and Crimes against Persons - Term Paper Example There is no assault if the act does not produce a true fear of harm that is reasonable in the victim. The general rule of battery occurs when someone offensively touches another person and the touching does not necessarily have to inflict harm. The elements of battery are that an act with intent to cause harmful or offensive contact to the victim (Gardner & Anderson, 2012). The most important aspect that differentiates between assault and battery is the amount of contact. In assault cases, there is no physical harm to the victim, just threat from criminal to victim but in battery cases, there must be some physical contact between the criminal and victim. A person, who receives punishment for battery, is essentially guilty of assault as well but on the other hand; the assault crime has no charges of battery. Also, the purpose of assault is to threaten the victim while the purpose of battery is to cause to the victim actual physical harm (Molan, 2009). Both acts of assault and battery can be either be a criminal act or subject one to civil liability. Another similarity is found under common law where both acts are both Intentional torts. In both cases there are common defense to an assault or battery charge in all jurisdictions, these defenses are mutual consent where both parties agree to the situation, meaning that there was not a one-sided attack and the other defense is self-defense, defense of others, or defense of property. These are the most common defenses (Molan, 2009). The manââ¬â¢s actions should be considered as both an assault and battery because there were elements of both crimes in his actions. The attacker strikes (A) and rips her clothes this constitutes battery because there is actual physical contact that causes harm to the victim. Assault occurs when the attacker jumps from the alley and cause apprehension of harmful and offensive contact
Tuesday, January 28, 2020
Coca Colas Strategic Choices
Coca Colas Strategic Choices Strategic choices are concerned with decisions about an organisations future and the way in which it has to respond to the myriad of pressures and influences as a result of its immediate and macro environment. To this end there are three basic choices to be made as shown below. Methods for pursuing strategies The choices about how strategies are to be pursued Strategy directions The choices of products and markets available to an organisation Bases of competitive Strategy The choices as to how an organisation positions itself in relation to competitors Bases of competitive Strategy directions Methods for pursuing Strategy strategies Source: Adapted from Johnson, Scholes and Whittington; exploring corporate strategy 2008: pp217. Bases of competitive strategy This area has to do with how Coca-Cola has positioned itself in relation to its competitors. The Coca-Cola Company competes in the non-alcoholic beverages segment of the commercial beverages industry. The non-alcoholic beverages segment of the commercial beverages industry is highly competitive, consisting of numerous firms. These include firms that, like Coca-Cola, compete in multiple geographic areas, as well as firms that are primarily regional or local in operation. Competitive products include numerous non-alcoholic sparkling beverages; various water products, including packaged, flavoured and enhanced waters; juices and nectars; fruit drinks and dilutables (including syrups and powdered drinks); coffees and teas; energy and sports and other performance-enhancing drinks; dairy-based drinks; functional beverages; and various other non-alcoholic beverages. These competitive beverages are sold to consumers in both ready-to-drink and other than ready-to-drink form. In many of the co untries in which Coca-Cola does business, including the United States, PepsiCo. Inc. is one of its primary competitors. Other significant competitors include, Nestlà ´e, Dr Pepper Snapple Group, Inc., Groupe Danone, Kraft Foods Inc, and Unilever etc. In certain markets, its competition includes beer companies. Coca-Cola also competes against numerous regional and local firms and, in some markets, against retailers that have developed their own store or private label beverage brands. The strategy clock: competitive strategy options High Differentiation 2 4 Hybrid 5 Focussed differentiation 3 Perceived Product/ Service 2 Low price 6 7 1 No frills Strategies destined for failure 8 Low High Low Price Source: Adapted from Johnson, Scholes and Wittington; exploring corporate strategy. 2008; pp 225 The strategy clock above represents different positions in a market where customers or potential customers have different requirement in terms of value for money. Coca-Cola has therefore taken the strategy option of hybrid, in which case it maintains its price but tries to differentiate itself from competitors. The Company has had a mix of pricing, advertising, sales promotion programs, product innovation, increased efficiency in production techniques, the introduction of new packaging, new vending and dispensing equipment, and brand and trademark development and protection. In this regard Coca-Cola has increased its annual marketing budget substantially, launched many new products, and developed a model to help its retail customers maximize their sales while it continue to plan for the future. The risk of this choice is that one could lose market share due to its low prices but then it can be tackled through economies of scale where the company produces in large quantities to cover cost and tries to penetrate different geographies as is the case of Coca-Cola. This choice has actually proved beneficial to Coca-Cola even though its market share has not grown tremendously as one would think over the last ten years but it definitely has a much higher market share than its competitors, especially Pepsi Co. This has been possible for Coca-Cola due to its recognised brand name and strong presence in so many geographies including Africa, Asia, Europe, Latin America, North America and the Pacific spanning across 200 countries. Strategy direction This has to do with the scope of a company in terms of its products. Over the last few years Coca-Cola has introduced a lot of products to its portfolio, including the recent Coca-Cola zero, which sold more than 600 million cases globally. Today Coca-Cola does not only deal in non-alcoholic soft drinks, but it also makes a lot of juices and juice drinks, still and carbonated products. As a matter of fact Coca-Cola has more than 3,300 products in more than 200 countries. In general one can rightly say that Coca-Cola has gone into diversification since it has not only shifted from soft drink to juices and even energy drinks but has also ventured and penetrated larger market over the years. Diversification is simply a strategy that takes the organisation away from both its existing market and its existing products. We have therefore used the Ansoff matrix below to identify the strategy direction which Coca-Cola is taking Box D, which is diversification. The Ansoff matrix provides a simp lified way of generating four basic alternative directions for strategic development. Strategic directions (Ansoff matrix) Products Existing New A B Market penetration Product development Consolidation C D Market development Diversification Existing Markets New Source: Adapted from Johnson, Scholes and Wittington; exploring corporate strategy. 2008; pp258 Diversification happened to be a good strategic option for Coca-Cola as it helped the Company to break new grounds in business. For instance a new product like the Coca-Cola zero did so well in terms of sales. This therefore impacted positively on the companys market share. Again shifting from soft drinks to energy and sports drinks also gave Coca-Cola an opportunity of a larger market share. However diversification can be capital intensive as not all organisations will be able to cope with the finances involved since a lot of finances will be needed to go into research and development for the new product. For instance Pepsi-cola once came up with a new product called Meca cola but it wasnsuccessful and the product was withdrawn later on. Surely there will be a lot of laboratory works and feasibility studies to go with a new product and this will equally require skilled people getting involved and consequently hiring more employees so if the organisation does not have enough finances it may not be able to cope. Again the organisation which decides to diversify will put in place an adequate amount of public awareness in terms of advertisements and trainings. This may involve using news papers, television, internet etc. All these can be very enormous so diversification requires careful planning. Methods for pursuing strategies Most of Coca-Cola products are manufactured and sold by its bottling partners. The Company typically sell concentrates and syrups to its bottling partners, who convert them into finished packaged products which they sell to distributors and other customers. Separate contracts (Bottlers Agreements) exist between the Company and each of its bottling partners regarding the manufacture and sale of Company products. Subject to specified terms and conditions and certain variations, the Bottlers Agreements generally authorize the bottlers to prepare specified Company Trademark Beverages, to package the same in authorized containers, and to distribute and sell the same in (but, subject to applicable local law, generally only in) an identified territory. The bottler is obligated to purchase its entire requirementof concentrates or syrups for the designated Company Trademark Beverages from the Company or Company-authorized suppliers. Coca-Cola agrees to refrain from selling or distributing, or from authorizing third parties to sell or distribute, the designated Company Trademark Beverages throughout the identified territory in the particular authorized containers. The Coca-Cola Company has created and achieved a strategic lock-in such that it has achieved dominance in the industry. For instance many people will think of Coke once they think of using or taking a soft drink.
Monday, January 20, 2020
Athletic Training Education Program Essay -- Education School Athletic
Athletic Training Education Program To achieve a degree in Athletic Training, there are many tasks and skills to be learned. The Education Council under the National Athletic Training Association put together an education program filled with a set of guidelines of what has to be taught to graduate with a degree in Athletic Training. Before you can learn and understand Athletic Training, you must know the Anatomy and Physiology of the human body. This includes bones, muscles, levels of organization, tissue levels, systems of the body, skeletal structure, articulations, integrative functions, sensory function, blood, and embryology (Martini, 2001). Besides Anatomy and Physiology, the methods of taping is also extremely critical to this career. Before you can understand what each taping techniques are used for, you must also know about sports injuries. Athletic Training is all about the prevention, treatment, rehabilitation, and evaluation of athletic injuries. Another skill that must be learned in the Athletic Trai ning Education Program is how to provide immediate emergency care. That includes everything from background information to actually being able to save an athleteââ¬â¢s or any one elseââ¬â¢s life. You must be aware of legal considerations, how and when to approach a victim, the human body systems, examining the victim, basic life support, bleeding and shock, identifying wounds, sudden illnesses, injuries, and how to care for them; also you must be aware of cold and heat related injuries, and how to rescue and move victims (Thygerson, 2001). Other information to be learned includes nutrition, health, and professional development. There are several other topics of Athletic Training; however, there are just to many to s... ...from http://www.doh.state.fl.us/mqa/athtrain/at_ceu.html Hansen, PJ. (2001). The Preferred Learning Styles of Student Athletic Trainers and Certified Athletic Trainers in NATA District IV and DistrictV. Journal of Athletic Training, 36 (2), 45. Retrieved March 7, 2003, from www.journalofathletictraining.org/jatsupplement/athletic.htm Martini, F. (2001). Fundamentals of Anatomy & Physiology. New Jersey: Prentice-Hall, Inc. NATA Education Council Continuing Education Committee. (2003). Retrieved March 7, 2003, from http://www.csuchico.edu/~sbarker/CEC/index.html Pitney, W. (1998). Continuing Education in Athletic Training: An Alternative Approach Based on Adult learning. Journal of Athletic Training, 33 (1), 72. Retrieved March 6, 2003, from Academic Search/ EBSCO database. Thygerson, A. (2001). First Aid and CPR. Massachusetts: Jones and Bartlett.
Saturday, January 11, 2020
Coca-Cola vs Pepsi
Coca Cola and Pepsi are the two most popular and widely recognized beverage brands in the United States. Pepsi and Coca Cola contrast each other on their taste, its associated colors and themes, and ingredients. Coca-Cola and Pepsi differentiate in more ways than one. Coca-Cola has more of a coke flavor taste. It is fizzier than that of Pepsi. It is smoother going down, and after about six hours it changes flavor and becomes more watery and bitter. When you drink it doesnââ¬â¢t feel as hard on your teeth as Pepsi.Pepsi on the other hand has a sweeter taste than that of Coca Cola due to the addition of artificial sweeteners and leaves a mild chemical taste after you drink it. When drinking Pepsi compared to Coca Cola, Pepsi tends to have a more ââ¬Å"fruityâ⬠taste to it. Additionally when drinking Pepsi the bubbles maintain all the way down your throat. If left sitting out for six hours Pepsi becomes stronger in flavor. By way of color, Coca-Cola is red, a warmer color and P epsi is blue, a cooler color. The color trademarks indicate the particular culture about the product.Coca-Cola openly uses themes involving family, love, Christmas, and hospitality because they suggest warmness. As a matter of fact, it has found its way through holidays particularly valentineââ¬â¢s days, national and patriotic holidays and sports. Even white bears were used to advertise the product! This is the usual theme commonly used for Coca-Cola. For Pepsi, since it started later than the Coca-Cola, they had to think of a better way to distinguish itself from then popular brand, and the best choice was blue.As a result, from starting out with the opposite color, they had to continue with everything else about Coca-Cola. Blue became the basic theme of Pepsi. Unlike Coca-Cola, everything in the Pepsi website indicated the cooler color. On the Pepsi website they claim that everything is blue and new! The modern trend has been what Pepsi uses to target teenagers. Coca-Cola and P epsi have a lot of the same ingredients. Although Coca-Cola claims they do not have sugars in their soda so the sugar must come from the other ingredients.Coca-Cola contains carbonated water, high fructose corn syrup, caramel color, Phosphoric Acid, Caffeine, and Natural Flavoring. Pepsi contains carbonated water, high fructose corn syrup, caramel color, phosphoric acid, caffeine, citrus acid, sugar and natural flavoring. The difference in ingredients of Coca-Cola and Pepsi is the amount of sugar, citrus acid, and amount of caffeine. In conclusion to the taste of the two sodas, their colors, themes, and ingredients Coca-Cola and Pepsi are comparable in many other ways than that mentioned!
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