Article Review Essay

Article Review Essay Article Review Essay UNIVERSITY OF LA VERNE La Verne, California Article Review Submitted in partial fulfillment of the requirements for the degree of Master of Business Administration Professor Fengmei Gong BUS 510 Management of Information Technology Chiu Ngok Lau College of Business and Public Management Department of Business Administration March, 4, 2015 Article review According to the article research, it has shown that a large number of information technology investments make economic competition, especially in traditional industries. And the main purpose of this article is that the relationship between information technology and the business competition is becoming more and more important. However, information technology invests too much, and company ignores other competitive factors, which lead company to decrease the competitiveness, so if company wants to change the pattern of competition, they need to actively put some new competitiveness. Mentioned in the article, the company could use information technology to improve their management model. Then, through good management model, it improves the competitiveness of the company. Secondly, the innovation could improve competitive advantage and also is an important means to change the competitive landscape. Of course, for the company, innovation is based on the information technology, because company wants to spread quickly, and accurately for new innovation, company should use the information technology. After that, when the company competes in a digital process, they should deploy a unified platform for information technology. In the process, company should solve two deployment of the obstacle that is fragmentation and autonomy. Company could get some common data through this platform that support and implement standardized processes, thereby enhancing the competitiveness .Next, the company could use information technology of innovation to t improve the data analysis, and speed up the business process. Lastly, in terms of communication, information technology could spread from top to bottom or from bottom to top. In the company's decision-making process, it Article Review Essay Article Review Essay Disease state such as Overweight and obese has become a significant concern in the developing countries. Obesity experienced in litigation of an extra adipose tissue in the body. Since the indirect calorimeter is not daily available for approximating energy requirements, many predicting equations have undergone improvised to rate this energy. Of recent, obese patients are at an alarming rate in the patient population. They do require nutritional support. In order to achieve this nutritional help, the resting energy expenditure of the patients is the most fundamental goal to examine. This helps to provide enough calories prevent the muscle eat up and hinder lack of minerals in the body. Indirect calorimetric and anthropometry These readings carried out using the Deltatrac metabolic monitor. It went through regulation on a daily basis before working on it. The patient was in a straight position and not asleep. The readings were in a semi-standard way that went hand in hand with the indirect calorimetric measurements. Those sick did not eat regularly during the measuring period. The readings then carried out at a standard neutral hospital room temperature. Oxygen intake and carbon dioxide released measured and energy use calculated by the weir formula (Moshe, et al 2006 P 973). The activity occurred for about 30 minutes. The use of calibrated electronic stand-up scale assisted in obtaining the weight of the body. Sex, age and the weight of the sick determined through interaction with the patient. Harris-Benedict Equations This is the most commonly used technique for obtaining energy use. In order, to change its accuracy stress factors should join hand. In this case, the body weight becomes the first variable. It becomes exact only when the body is in its normal state and when the body fat content is high the predictions become inaccurate. For obese patient’s body, weights undergo change for it to be effective in the equations. Illness and injuries increasingly complicated the estimations of energy requirements. It based largely on the healthy individuals. In the University of California, for example 65 men and 100 women found possessing the BMIs over 30. Measured energy use then divided by an estimated energy expenditure using the HB problem and the Cunningham equation to find the stress factor for injury and illness. They assumed that the stressed factors in most disease categories are in the set of 1.6 to 2.0. REE Predictive Equations It employed the concordance correlation coefficient to illustrate the use and the reliability of the forecasting equations. To obtain the CCC, we compute precision with accuracy. When, one foresees a range of 95% 105%, he would consider it a fair prediction. In addition, a prediction below that value could be viewed as underestimation but above it became overestimation. Inclusion based on age, sex, weight, and height The exclusion process had the following, which considered only the youths or the elderly (Peckenpaugh, 2010 P 601). For every study, equations are performed with respect to the high values of explained variance. However, additional equations are also fixed when weight and height come together. The average percentage of REE predictions exhibits a measure of truth on a group standard. Therefore, the HB problem is the most commonly used predicative case. This is due to its trained personnel. In addition, it can use other clinical conditions such as the presence of chest tubes, which could otherwise be impossible for the calorimetric measurements.

The Ongoing Northern Ireland Conflict essays

The Ongoing Northern Ireland Conflict essays Northern Ireland primarily consists of Protestants who want to remain a part of Great Britain. There is, however, a Catholic minority in the north fighting to become a part of the Republic of Ireland. This situation involves centuries of religious tension. The unrest in Northern Ireland dates back as far as the 1500s. At this time most of Europe's population belonged to the Catholic church. Under the reign of King Henry VIII (1509-49), England was converted to Protestantism. King Henry conquered the totally Catholic Ireland, and it came under Protestant control. This Protestant rule started the initial tension with the Catholics in Ireland. Large numbers of Protestants settled in the North of Ireland, creating a Protestant majority in the region that still exists today. In 1609, James I fought the Protestant Prince William III at the Battle of The Boyne. Due to this battle, the Catholics were forced to give up a vast majority of the land in Ireland to Protestant control. Catholics throughout Ireland called for it to become a republic, independent of Great Britain. However, the Protestants insisted on remaining a part of Great Britain. In 1920, the Goverment of Ireland Act officially divided it into two seperate states, the south a predominantly Catholic state and the north a predominatly Protestant state. The Catholics, who longed for their independence from Great Britain, acheived it when they became the Republic of Ireland in 1949. As one would assume, thirty-five years of constant fighting and five hundred years of struggles has had a significant impact on the region of Northern Ireland. Civil war in Northern Ireland has left the region behind the rest of Europe. Europe, in recent years, has been looking to the future. It recently adopted the Euro, a single currency for all of Europe. Additionally, if you are a citizen of a country in Europe, you can travel to other countries without a passport. Europe is looking to the fu...

Movie review--photography Review Example | Topics and Well Written Essays - 250 words

--photography - Movie Review Example Fashion is something that defines a generation or a culture. That is why, during different time in history of humanity, there have been a variant in fashions trend. It is this fact that influenced Bill’s career and fascinates him. While on the street, Bill never minds being hit by car. This is depicted in the film where at some point he is in between traffic, which endangers him. He realizes this and admits that it is never easy to capture fashion in New York City. Again, Bill says he is never interested in celebrities free dresses neither is he a paparazzi. In the film, it is clear that the females have a rich orientation of fashion in their dress code than male. This is so because in Bill’s photo gallery, he has more females’ pictures than males’ (Bill, 46-51). In conclusion, Bill act of photographing and reporting to public influences the fashion trend of the day. Whenever Bill shared a new fashion, it could be noted afterwards that people could adopt the new fashion. Undoubtedly, bill had passion of his career since in several occasions he turned down monetary offers from

Human postural Sway Essay Example | Topics and Well Written Essays - 2500 words

Human postural Sway - Essay Example In this paper we present the observation where 10 healthy subjects of mean age 25 are examined to find out a relationship between postural sway during quite-stance and perturbation with and without muscle fatigue. We also observe the effect of vision on postural sway on both normal and fatigued conditions. Human control of upright body posture involves inputs from several senses (visual, vestibular, proprioceptive, somatosensory) and their central interactions. Multiple sensory systems of human body are involved in tandem for controlling quite standing. Studies show that there is an indirect and presumably cognitive relationship between visual effects on posture control and their intersensory interactions (BLMLEA. et al, 2006). During quite stance position, center of mass (COM) is stabilized over base of support by using low level muscular movements and body sways around the point of support like an inverted pendulum (Johansson R, Magnusson M, Akesson M. 1988). This led to the hypothesis of inverted pendulum. Any defect, alteration or malfunctioning of the sensory or motor components increases body sway and hence increases the muscle activity to maintain postural equilibrium (Dietz V. 1992). Minor perturbations occurring during normal stance can be counteracted by the regulation of ankle muscles (Schieppati M et al, 1994 and McClenaghan BA et al 1996). Muscle fatigue is a complex phenomenon that has been defined as a reduction in the force-generating capacity of muscles, regardless of the task performed (Bigland-Ritchie B, Woods JJ.1984). Though, how fatigues affect the postural control system is not clear there are several fatigue related mechanisms involved at different levels of the nervous system that could affect the regulation of these small forces. Muscle fatigue causes failure of transmission of neural signals and disables the muscles to respond to the neural currents (Bigland-Ritchie B, Woods JJ.1984). Muscle fatigue also alters the basic functioning of complete nervous system and causes failure of motoneurons excitement. Effects of a muscle fatigue on human postural sway can be studied by inducing momentary fatigue by physical exertion. Studies show a mild difference in effects of a fatigue on sway with and without vision (Lepers R. and Nardone A. et al). To examine the effects of a fatigue on human postural control, in this experiment muscle fatigue is induced in ankle

The role language plays in teaching and learning

The role language plays in teaching and learning The role that language plays in the teaching and learning of mathematics is one of some of the important debates in the current literature in mathematics education. In this chapter, I review literatures related to this study, giving particular attention to the manner in which teachers engage students in the exploration of mathematical concepts and procedures, in order to explore different and existing kinds of patterns of interaction observed in multilingual mathematics classroom in South Africa. Aspects reviewed include the following sub-headings: Linguistic situation in South Africa; Teaching and learning mathematics in multilingual classrooms in South Africa; Does language impact teaching and learning of mathematics? And the role of the teacher and Learner participation in classroom discourse. LITERATURE REVIEW Linguistic situation in South Africa Post-apartheid South Africas new constitution of 1993/1996 embraced language as a human right and multilingualism as a national resource, raising major African languages to national official status alongside, English and Afrikaans (Hornberger Vaish, 2009). This has led to multicultural student populations in classrooms, schools and universities nationwide. The Language in education policy that was adopted in 1997 recognises all eleven official languages. According to this policy, learners have the right to study in any of the official languages of their choice (Department of Education, 1997). According to Hornberger Vaish (2009), South African scholars have documented ideologies favouring English in Black African communities of South Africa. She further claims that Zulu, Xhosa or other Black parental demands for English-medium instruction for their children are fuelled by the perception and reality of English as language of power; parents are simultaneously drawn to English by it h egemonic status and away from mother tongue education by a deep suspicion born of apartheid. I have seen in my experience as a learner and a teacher, parents taking away their kids from townships schools to former Model C schools where English is the most dominant language. The study done by Setati (2008), revealed that learners and teachers preferred English as the language of learning and teaching (LolT) and that learners and teachers choice of language was informed by the fact that English provides access to social goods such as higher education, employment, etc. Teaching and learning mathematics in multilingual classrooms in South Africa Previous and current studies on teaching and leaning in multilingual classrooms have indicated that teaching and learning in multilingual classroom is very complex. Barwell (2009) describes multilingual classrooms by saying these classrooms are considered to be multilingual if two of more languages are used overtly in the conduct of classroom business. And mathematics classrooms are also considered to be multilingual if students use two or more languages to do mathematics. There is a continuing debate regarding which language should be used for teaching mathematics in multilingual classrooms in which neither the teachers nor the learners main language is English which is the LoLT in their schools (Setati, Molefe Langa, 2008). This is typical situation in South African classrooms; teachers and learners come to classrooms with different levels of proficiency in two or more languages other than English and yet are not proficient in English. The research done by Setati, Chitera Essien (2009) shows that teachers in these classrooms face a major task of having to teach mathematics and English at the same time, while learners have to cope with learning mathematics, as a discipline of knowledge and also as a way of communicating, in English, a language that they are still learning. This research also claims that this places additional demands on mathematics teachers in multilingual classrooms and their learners who learn mathematics in a language that is not their home language. Does language impact teaching and learning of mathematics? The importance and the impact of language in learning and teaching of mathematics has long been acknowledged by the research literature (Howie 2002, 2003, 2004; Boulet 2007; Essien 2010; Barwell 2009; Setati 2008). Based on her analyses of the poor performance of South African learners in the mathematics component of the Third International Mathematics and Science Study (TIMSS), Howie (2002, 2003, 2004) suggested that the key factor responsible for the poor performance by South African learners was due to the low proficiency in English language and she suggested a solution to this could only be to develop the learners English language proficiency. Furthermore she argues that pupils who speak the language that is used in assessments more frequently, are likely to attain higher scores on mathematics. And if their language proficiency is higher, the learners are likely also to attain higher scores in Mathematics. Say more The role of the teacher and Learner participation in classroom discourse Current curriculum initiatives in mathematics call for the development of classroom communities that take communication about mathematics as a central focus. In these proposals, mathematical discourse involving explanation, argumentation, and defence of mathematical ideas becomes a defining feature of quality classroom experience (Anthony Walshaw, 2008). According to Boulet (2007) researchers in mathematics education agree and encourage teachers to involve learners in mathematical discussions, as communication is essential to the learning of mathematics. Specifically from the perspective of mathematics learning, by articulating the principles, concepts and rationale behind the steps of a particular problem solution, students have the opportunity to reinforce and deepen their understanding of higher-level knowledge structures in mathematical content. Furthermore, Moschokvich (1999) maintains that the important functions of productive classroom are uncovering the mathematical content in student contribution and bringing different ways of talking and point of views into contact. She further explains that in many mathematics classrooms, students are no longer primarily grappling with acquiring technical vocabulary, developing comprehension skills to read and understand mathematics textbooks or solving standard word problems. But students are now expected to participate in both verbal and written practice such as explaining solution process, describing conjectures, proving conclusions and presenting arguments. However, there are difficulties or drawbacks that can make it difficult for communication to run smoothly in classrooms. This can definitely prevent learners from accessing important aspects and concepts of mathematics or voicing their ideas. Most of our learners are not speaking English as their first language, whereas English is used as a medium of instruction in our schools, therefore a focus on correction of vocabulary or grammatical errors in what students say and the variety of ways that students who are learning English do can become problematic in learners mathematics acquisition. Now, the question is what do teachers do or can do in situations like this, to ensure and encourage learner participation in classroom? New curricula demands a lot from teachers. Worldwide, policy makers are placing increasing demands on schools and their teachers to use effective research-informed practices. The study done by Essien (2010) reveals that, in any classroom, the teacher plays a key role in the management of the communication in the classroom. He further argues that well-structured questions (unlike procedural questions requiring procedural answers) can provoke extended dialogue in the classroom, thereby creating opportunity for meaningful participation by learners. Furthermore, the study shows that the teachers ability to draw on learners linguistic resource: one of which is structuring questions to allow learners to sufficiently express their thinking, is therefore important in creating a classroom environment where learners are effectively participating in the creation of and fostering of their own knowledge. Walshaw Anthony (2009) maintain this by arguing that effective teachers facilitate classroom dialogue that is focused towards mathematical argumentation. They elaborate more on this by saying that students need to be taught how to articulate sound mathematical explanations and how to justify their solutions. Furthermore, encouraging the use of oral, written and concrete representation, effective teachers model the process of explaining and justifying, guiding students into mathematical conventions. THEORETICAL FRAMEWORK In this study, I use the work of Jina and Bridie (2008) as a theoretical framework to take the work on patterns of interaction observed in South African classrooms further by explaining learner participation and teacher-learner interaction in classroom discourse. The motive behind the choice of this theoretical framework is that this study was done in South African schools on the topic: Teacher questions and patterns of interactions in the new and old curriculum. The study reveals that two patterns of interaction emerged, namely, funnelling and leading through a method. This study also expanded more on teacher questioning and how teacher questions can support learners thinking. Chin (2006) supports this argument by saying that questioning is a prominent feature of classroom talk. Teacher questioning should be in such a way that elicit what learners think, to encourage them to elaborate on their previous answers and ideas, to help learners construct conceptual knowledge. Thus, questioning is used to diagnose and extend learners ideas and to scaffold learners thinking. Campbell Erdogan (2008) claim that teacher questions can disrupt the flow of what is going on in the learners mind, so that the learners attention can be focused on instructional objectives. However, they claim that if used appropriately, teachers questions can engage learners in the vicinity of instructional objectives, help move instructional objects to the forefront of students attention, and promote learner translation and processing of instructional objectives. However, the deficiency of this study is that it does not take the forms of listening the teacher uses during classroom discourse. As I have discussed in chapter 1 of this study that, Davies (1997) outlines three forms of listening, and further argues that listening is a very powerful tool and should be used to foster teaching and learning of mathematics. Listening to others explanations gives learners opportunities to develop their own understandings. By listening to others, learners can become aware of alternative perspectives and strategies. Concluding remarks In this study I have discussed the difficulties of learning and teaching mathematics in multilingual classrooms. As Setati and Adler (2001) claim: There are numerous, distinct mathematical discourses that require navigation at the same time. Moving between language and discourses in moments of practice is significant challenge for mathematics education research and practice. These arise out of the South African context and have specific relevance in the current educational debates in South Africa. Multilingual mathematics classrooms are, however, an increasing urban phenomenon in many other counries. (p.244) Little is known about how educators experience and implement a new curriculum and instruction in contrast to what they used to know and apply. It remains uncertain what kinds of teacher knowledge are necessary to support and facilitate learning mathematics in a setting where main language of the teacher and pupils differs and where the language of instruction and teaching methods makes it difficult for mathematical discourses that promote conceptual understanding.

Factor Affecting Job Satisfaction in Banks

A Banker on whom a cheque is drawn should pay the cheque when it is presented for payment. * This cheque paying function is a distinguished one of a banker. * This obligation has been imposed on him by sec. 31 of the N. I Act, 1881. * A banker is bound to honour his customer’s cheque, to the extent of the funds available and the existence of no legal bar to payment. Again, for making payment the cheque must be in order and it must be duly presented for payment at the branch where the account is kept. * The paying banker should use reasonable care and diligence in paying a cheque, so as to abstain from any action likely to damage his customer’s credit. * If the paying banker wrongfully dishonours a cheque, he will be asked to pay heavy damages. * At the same time, if he makes payment in a hurry, even when there is sufficient balance, the banker will not be allowed to debit the customer’s account.If he does so, it will amount to sanctioning of overdraft without pri or arrangement, and later on, the customer can claim it as precedent and compel the banker to pay cheque in the absence of sufficient balance. His position is very precarious and is in between the devil and the deep sea. PRECAUTIONS BEFORE HONORING A CHEQUE In order to safeguard his position, the paying banker has to observe the following precautions before honouring a cheque. Presentation of The Cheque (a) Type of the cheque: Before honouring a cheque, he must find out the type to which it belongs.Cheques may generally be of two types- open or crossed. If it is an open one, the payment may be made at the counter. If it is crossed, the payment must be made only to fellow banker. If it is specially crossed, the payment must be specifically made to that banker in whose favour it has been crossed. If there are ‘A/C Payee’ and ‘Not Negotiable’ crossings the paying banker need not worry, as they are the directions only to the collecting banker. If the paying ban ker pays a cheque contrary to the crossing, he is liable to the drawer. Therefore, he must pay special attention to the type of a cheque. b) Branch: The Paying banker should see whether the cheque is drawn on the branch where the account is kept. If it is drawn on another branch, without any prior arrangement, the banker can safely return the cheque. (c) Account: Even in the same branch, a customer might have opened two or more accounts. Hence, the paying banker should see that the cheque of one account is not used for withdrawing money from another account. (d) Banking hours: The paying banker should also note whether the cheque is presented during the banking hours on a business day. Payment outside the banking hours does not amount to payment in due course. e) Mutilation: If a cheque is torn into pieces or cancelled or mutilated, then, the paying banker should not honour it. He should return the cheque for the drawer’s confirmation. In a case cheque is torn accidentally, t he drawer must confirm it by writing such words as ‘Accidentally torn by me’ and affixing his full signature. A cheque torn into two or more pieces is generally returned with a remark ‘Mutilated’. Form of cheque: Printed form: The cheque must be in proper form. It must satisfy all the requirements of law. The customers should draw cheques only on the printed leaves supplied by the bankers.Unconditional order: The cheque should not contain any condition. If it is a conditional one, the paying banker’s position will become critical and he may not honour it. Date: Before honouring a cheque, the bank must see whether there is a date on the instrument. If it is undated, it cannot be regarded as a valid instrument. If a cheque is ante- dated, it may be paid if it has not become stale by that time. A cheque, which is presented after six months, from the date of its issue, is a stale one. If a cheque is post- dated, he should honour it only on its due date.A mount: The next important precaution is that the banker should see whether the amount stated in the cheque, both in words and figures, agree with each other. If the amount is stated only in figures, the banker should return it with a remark ’Amount required to be stated in words’. However if the amount stated only in words, the banker may honour it. Supposing , there is a difference in the amount stated in words and figures, then the banker can take any one of the following courses available to him: i) He can dishonour the cheque with a memorandum ‘words and figures differ’ or i)He can honour the amount stated in words According to Sec. 18 of the N. I. Act, if the amount undertaken or ordered to be paid is stated differently in figures and words, the amount stated in words shall be the amount undertaken or ordered to be paid. ’ However in practice, if the difference is insignificant, payment is sometimes made. But usually the paying banker returns t he cheque under such circumstances, since there is an audit objection to the practice of honouring such cheques. III. Sufficient balance: There must be sufficient balance to meet the cheque.If the funds available are not sufficient to honour a cheque, the paying banker is justified in returning it. So, before honouring a cheque, he must check up the present state of his customers account. IV. Signature of the drawer: The next important duty of a paying banker is to compare the signature of his customer found on the cheque with that of his specimen signature. If he fails to do so and if he pays a cheque , which contains a forged signature of the drawer, then, the payment will not amount to payment in due course. Hence, he can not claim protection under Sec. 85 of the N. I. Act.If the signature has been too skillfully forged for the banker to find it out, even then the banker is liable. However, if the customer facilitates the forgery of his signature by his conduct, then, the banker will be relieved from his liability. Legal bar: The existence of legal bar like Garnishee Order limits the duty of the banker to pay a cheque. Garnishee order refers to the order issued by a court attaching the funds of the judgment debtor (i. e. , the customer) in the hands of a third party (i. e. , the banker). The term ‘Garnishee’ refers to the person who has been served with the order.This Garnishee proceedings comprise of two steps. As a first step ‘Garnishee Order Nisi’ will be issued. ‘Nisi’ means ‘unless’. In other words, this order gives an opportunity to the banker to prove that this order could not be enforced. If the banker does not make any counterclaim, this order becomes absolute one. This ‘garnishee Order absolute’ actually attaches the account of the customer. If it attaches the whole amount of a customer’s account, then, the banker must dishonour the cheque drawn by that customer. He can honour his cheques to the extent of the amount that is not garnished. Endorsement:Before honouring a cheque, the banker must verify the regularity of endorsement, if any, that appears on the instrument. It is more so in the case of an order cheque, which requires an endorsement before its delivery. For instance, if there is per pro endorsement, the banker must find out the existence of authority. Failure to do so constitutes negligence on the part of the paying banker. Per pro endorsement is an endorsement made by an authorized agent. Prior information about the delegation of authority to the agent must have been given to the banker. Otherwise, a banker is not legally bound to accept this type of endorsement.CIRCUMSTANCES UNDER WHICH A CHEQUE CAN BE DISHONORED Countermanding: Countermanding is the instruction given by the customer of a bank requesting the bank not to honour a particular cheque issued by him. When such an order is received, the banker must refuse to pay the cheque. If a cu stomer informs by telephone or telegram regarding the stopping payment of a cheque, the banker should diplomatically delay the payment, till written instructions are received. If the situation is very critical, he can return the cheque by giving a suitable answer like ’payment countermanded by telephone and postponed pending confirmation. Therefore, countermanding instructions, once received, must be kept as a constant record. A ‘stopped payment’ register may be maintained for ready reference. Upon the receipt of notice of death of a customer: When a banker receives written information from an authoritative source, (preferably from the nearest relatives) regarding the death of a particular customer, he should not honour any cheque drawn by that deceased customer. If the banker is unaware of the death of a customer, he may honour the cheque drawn by him.Death puts an automatic end to the contractual relationship between a banker and his customer. Upon the receipt of notice of insolvency: Once a banker has knowledge of the insolvency of a customer, he must refuse to pay cheques drawn by him. Upon the receipt of notice of insanity: Where a banker receives notice of a customer’s insanity, he is justified in refusing payment of the cheque drawn by him. The banker should make a careful note, when the lunacy order is received. It is advisable that the banker should act upon a definite proof of the customer’s insanity like a doctor’s certificate, a court order etc.Upon the receipt of notice of assignment: The bank balance of a customer constitutes an asset and it can be assigned to any person by giving a letter of assignment to the banker. Once an assignment has been made, the assignor has no legal rights over the bank balance and therefore, if any cheque is drawn by him, the banker should refuse to honour it. When a breach of trust is intended: In the case of a trust account, mere knowledge of the customer’s intention t o use the trust funds for his personal use, is a sufficient reason to dishonour his cheque.Defective title: If a person who brings a cheque for payment has no title or his title is defective, the banker should refuse to honour the cheque presented by him. For instance, a person who brings a cheque, which has been countermanded or which has been forged, has no title to it. Statutory Protection to a Paying Banker: Supposing, a paying banker pays a cheque, which bears a forged signature of the payee or endorsee, he is liable to the true owner of the cheque. But, it is quite unjustifiable to make the banker responsible for such errors.It is so because; he is not expected to know the signature of the payee or the endorsee. Therefore, law relieves the paying banker from his liability to the true owner in such cases. This relief is known as ‘statutory protection. ’ To claim protection under Sec. 85 of the N. I. Act, 1881, the banker should have fulfilled the following conditio ns: * He should have paid an order cheque. * Such a cheque should have been endorsed by the payee or his order. * It should have been paid in due course. PAYMENT IN DUE COURSE The cheque should have been paid in due course as per Sec. 0 of the N. I. Act. This concept of payment in due course has three essential features: (I) Apparent tenor of the instrument: To avail of the statutory protection, the payment should have been made according to the apparent tenor of the instrument. The apparent tenor refers to the intention of the parties, as it is evident from the face of the instrument. Example: If a drawer draws a cheque with a post –date, his intention is to make payment only after a certain date. If it is paid before the due date, this payment does not amount to payment in due course.So also, the payment of a countermanded cheque does not amount to payment in due course. (ii) Payment in good faith and without negligence: Good faith forms the basis of all banking transaction s. As regards negligence, the banker may sometimes be careless in his duties, which constitutes an act of negligence. If negligence is proved, the banker will loss the statutory protection given under Sec. 85. Example: * Payment of a crossed cheque over the counter. * Payment of a post-dated cheque before maturity. * Failure to verify the regularity of an endorsement. iii)Payment to a person who is entitled to receive payment: The banker must see that the person, who presents the cheque, is in possession of the instrument and he is entitled to receive the amount of the cheque. Protection to a bearer cheque: Now this protection has been extended to bearer cheques also under sec. 85(2). If a bearer cheque is paid in due course, the banker is entitled to get protection. Statutory Protection in the case of a Materially Altered Cheque: A paying banker cannot normally claim any statutory protection for a materially altered cheque. However; Sec. 89of the Negotiable instrument Act.Gives pro tection in the case of a materially altered cheque provided, (1) He is liable to pay, (2)Such an alteration is not apparent and, (3) The banker has made the payment in due course. Recovery of Money Paid by Mistake: Under the following circumstances, money wrongly paid can be recovered:- (i)Money received mala fide is recoverable: When a person receives money by mistake in bad faith, knowing that he is not entitled to receive that money, then, the banker is entitled to recover the same. (ii) Money paid under a mistake of fact is recoverable: For instance, a banker pays money to X, thinking that he is Y.This is a mistake of fact regarding the identity of the parties. Y is under a legal duty to pay the money back to the banker. COLLECTING BANKER A collecting banker is one who undertakes to collect the amount of a cheque for his customer from the paying banker. In collecting a cheque, the banker can act in two capacities namely (1) as a holder for value, and (2) as an agent for collecti on. The banker would be as a holder for value: (a) If he allows his customers to withdraw money before cheques paid in for collection are actually collected and credited. b) If any open cheque is accepted and the value is paid before collection, and (c) If there is a reduction in the overdraft account of the customer before the cheque is collected and credited in the respective account. In all these cases, the banker acquires a personal interest. A Banker as an agent: In practice, no banker credits a customer account even before a cheque is collected. He collects a cheque on behalf of a customer. So, he cannot acquire any of the rights of a holder for value. He has to act only as an agent of the customer. Duties of A Collecting Banker: i) Exercise reasonable care and diligence in his collection work: When a banker collects a cheque for his customer, he acts only as an agent of the customer. He should exercise reasonable care, diligence and skill in collection work. (ii) Present the cheque for collection without any delay: The banker must present the cheque for payment without any delay. If there is delay in presentment, the customer may suffer losses due to the insolvency of the drawer or insufficiency of funds in the account of the drawer or insolvency of the banker himself. In all such cases, the banker should bear the loss. iii) Notice to customer in the case of dishonour of a cheque: The N. I. Act has prescribed a reasonable time for giving the notice of dishonour. If he fails to do so, and consequently, any loss arises to the customer, the banker has to bear the loss. (iv) Present the bill for acceptance at an early date: As per sec. 61 of the N. I. Act, a bill of exchange must be accepted. If a banker undertakes to collect bills, it is his duty to present them for acceptance at an early date. (v) Present the bill for payment: The banker should present the bills for payment in proper time and at proper place.If he fails to do so and if any loss occurs to the customer, then, the banker will be liable. According to Sec. 66 of N. I. Act a bill must be presented for payment on maturity. (vi) Protest and note a foreign bill for non-acceptance: In case of dishonour of a bill by non-acceptance or non-payment, it is the duty of the collecting banker to inform the customer immediately. Generally he returns the bill to the customer. In the absence of specific instructions, collecting bankers do not get the inland bills noted and protested for dishonour.If the bill in question happens to be a foreign bill, the banker should have it protested and noted by a notary public and then forwarded it to the customer. Statutory Protection to the collecting Banker: According to sec. 131 of the N. I. Act, statutory protection is available to the collecting Banker in the following cases: (i)Crossed cheques only: a collecting banker only for crossed cheques can claim statutory protection. It is so because, in the case of an open cheque, it is not absolutely necessary for a person to seek the service of a bank. ii) Collections on behalf of customers as an agent: a banker only can claim the above protection for those cheques collected by him as agent of his customers. iii) In good faith and without negligence: In order to get the protection under this section, a collecting banker must act in good faith and without negligence. Matter of negligence is of great importance. Basis of negligence: When a collecting banker wants to claim protection under Sec. 131, he has the burden of proving that he has acted without negligence.Gross negligence: If a banker is completely careless in collecting a cheque, then, he will be held liable under the ground of ‘gross negligence. ’ Examples: Collecting a cheque crossed ‘A/C payee’ for other than the payee’s account: Account payee crossing is a direction to the collecting banker. If he collects a cheque crossed ’A/C payee’ for any person other than the payee , then, this fact will be proved as an evidence of gross negligence. FAILURE TO VERIFY THE CORRECTNESS OF ENDORSEMENT If a banker omits to verify the correctness of endorsements on cheques payable to order, he will be deprived of the statutory protection. i)Failure to verify the existence of authority in the case of per pro signatures: If a collecting banker fails to verify the existence of authority in the case of per pro signatures, if any, will be proved as an evidence of gross negligence. (ii) Negligence connected with the immediate collection: If, on the face of a cheque, there is a warning that there is misappropriation of money, the collecting banker should make some reasonable enquiry and only after getting some satisfactory explanations, he can proceed to collect cheques.Examples: * Collecting a cheque drawn against the principal’s A/c, to the private A/c of the agent without enquiry. * Collecting a cheque payable to the firm to the private A/c of a partner without e nquiry. * Collecting a cheque payable to the company to the private account of a director or any other officer without enquiry. * Collecting a cheque payable to the employer to the private account of the employee would constitute negligence under sec. 131 of the N. I. Act. * Collecting a cheque payable to the trustee, to the private account of the person operating the trust account is another instance of negligence of a banker. iii) Negligence under Remote Grounds: Normally, we cannot expect a banker to be liable under certain circumstances. But, the bankers have been held negligent under those situations, which are branded as ‘remote grounds. ’ Examples: * Omission to obtain a letter of introduction from a new customer causes negligence. * Failure to enquire into the source of supply of large funds into an account, which has been kept in a poor condition for a long time, constitutes negligence.

Describe What Your Role, Responsibilities and Boundaries Would Be as a Teacher or Trainer in Terms of the Teaching and Learning Cycle. How Might “Equality”, “Diversity” and “Inclusion” Impact on a Learner’s Experience?

PTLLS Assessment Describe what your role, responsibilities and boundaries would be as a teacher or trainer in terms of the teaching and learning cycle. How might â€Å"equality†, â€Å"diversity† and â€Å"inclusion† impact on a learner’s experience? Give examples from your own experience and research to support your assertions. â€Å"This submission is entirely my own work unless I have used quotation marks to indicate my reference to the work of others† As a teacher or trainer, there are a variety of roles and responsibilities that are important to consider. The main role of a teacher is to create a relaxed, comfortable learning environment for students to meet their learning needs. In many cases, the teacher’s role also involves delivery of specific content as defined by a curriculum, in order to prepare students for passing examination. As such one of the main responsibilities of the teacher is to be aware of any curriculum and examination requirements of a course. Another role of the teacher is to ensure that the lesson is inclusive of all learners and they are therefore responsible for recognising diversity within the group. This may include disabilities; language barriers and cultural differences. These roles and responsibilities would fall under the ‘identification of learners needs’ aspect of the teaching and learning cycle. This is a continual process and would necessarily be affected by other aspects of the cycle, particularly assessment and evaluation of the learning and teaching. This evaluation will constantly inform the teacher and will include such varied mediums as end of course evaluation sheets as well as simple observation of candidates demonstrating their knowledge and/or skills. It may be appropriate for candidates to meet certain assessment criteria or competencies throughout a course as part of this evaluation process. In my experience of teaching manual handling, I would expect leaners to be able to demonstrate specific manual handling, lifting, pushing and pulling skills during the course. Evaluation of previous courses and of the evolving requirements of students also helps to inform the planning and designing of lessons. In addition, the teacher is responsible for researching the subject area to ensure a wide, current knowledge base that will help when establishing credibility and professionalism, and then to develop a variety of interesting ways to deliver the content whilst ensuring a safe working environment for students. The teacher’s role is then to deliver the lesson content in a manner consistent with the learning styles and requirements of the delegates. These might include lecturing, large group discussion or case studies. In the past I have taught legislative considerations in regard to health and safety aspects of manual handling and use of display screen equipment and have used role play; small group work and case studies to try to accommodate different learning styles. Within all this, it is essential that the teacher establishes and maintains professional boundaries. These can be varied and quite different, depending on the context, the environment and the group or individual being taught, for example, a teacher teaching young children would have a different set of boundaries than a football coach coaching an adult football team. However, the teacher should always consider relevant legislation. This includes health and safety legislation such as the Health and Safety at Work Act, 1974; the Equality Act, 2010 and most relevant to the above example, child protection guidelines. On a more general level, establishing ground rules such as timekeeping and use of mobile phones is important in minimising disruption and allowing optimal delivery of course content. Promoting equality, embracing diversity and ensuring inclusion are essential components of an effective teaching strategy, if the goal of that strategy is to provide a positive, rewarding learning experience for all learners. â€Å"Equality is about the rights of learners to attend and participate, regardless of their gender, race, ethnic origin, religion, disability, sexual orientation and age†1. If a teacher fails to actively promote equality, they run the risk of excluding individuals from the learning process. For example a failure to acknowledge that English may not be the first language of some or all of the delegates and to adapt the teaching session accordingly would be detrimental. Once, when teaching a manual handling training session to porters and housekeepers working in a hospital, the majority of the candidates spoke Portuguese as their first language. I acknowledged this prior to starting the course and altered the course structure to enhance the learning process. One of the strategies I used was to include more small group work, ensuring a mix of people with difficulty understanding English, and those who were bilingual. â€Å"Diversity is about valuing the differences in people, whether that relates to gender, race, age, disability or any other individual characteristics they may have† 1. Just like promotion of equality, the importance of embracing diversity lies in recognising differences within any given group and using this to enhance, rather than detract from the learning experience. Diversity within a group will allow a variety of different perspectives on any given topic, thereby promoting wider understanding in the group as a whole. Johnson and Romanello2 examined teaching and learning considerations when teaching generationally diverse nurses. They opined that when presenting health problems to nurses from different generations it â€Å"leads student to share insights that can be applied to patient care with multiple groups of patients across generations†. 2 â€Å"Inclusivity is about involving all learners in relevant activities rather than excluding them for any reason† 1. In many ways, failure to acknowledge diversity and/or promote equality will inevitably lead to exclusion. In order to effectively ensure inclusion, planning of the teaching process, utilising a variety of teaching methods is essential. Moreover, the ability to adapt course content and delivery methods following recognition of diversity within a group is paramount to ensuring equality and inclusion. Even something as basic as starting and finishing a lesson on time will help with inclusion as a failure to do this might exclude learners who have commitments outside of the lesson times such as childcare. With regards to the learning cycle, the assessing and planning stages: assessing the requirements of the group and planning the format of the lessons accordingly are essential to ensuring inclusion. References 1 GRAVELLS, A, Preparing to Teach in the Lifelong Learning Sector, Bell and Bain Ltd, Glasgow, 2008, p. 18. 2 JOHNSON, S and ROMANELLO, A. Generational Diversity. Teaching and Learning Approaches, Nurse Educator, 30(5): Sept-Oct. 2005: 212-216.