Research Paper Essay Example for Free

Research Paper Essay Facts: Vinny was employed as a grocery clerk in the grocery store of Oscar, his employer.   The incident happened during store hours when a customer in the grocery store was about to deliver a baby.   Vinny in an effort to help the customer allowed the customer to go inside the delivery truck and the customer to the hospital. While they were on their way to the hospital, Vinny run over the dog of Melnick.   Melnick declared that he will file a suit against Oscar and Vinny for killing his dog. Issue: whether the conduct of Vinny was done within the scope of his employment so as to make Oscar liable for the accident under the principle of respondeat superior A. Delivery Case Plaintiff As a rule no person should be held liable for the acts and omissions of another. In some cases, however, the principle of agency between an employer and his employee may create legal liability known as respondeat superior.   It is a common law principle which basically means â€Å"Let the master answer.†Ã‚   It makes the employer liable for the negligent acts and omission of his employee which have caused injury to another provided that the act was done within the scope of his employment.   The theory behind this common law principle is that the principal controls the behavior of his agent and should assume responsibility and liability for the agent’s actions. The plaintiff only has to prove that the conduct falls within the scope of the employee’s employment to establish liability of the employer.   An employees conduct is covered if it is of the kind he is employed to perform, occurs substantially within the authorized time and space limits of the employment, and is actuated, at least in part, by a purpose to serve the employer. In this case, Vinny was at the time on shift and he was in the performance of his duties.   He was inside the grocery store when a customer was about to give birth.   Being in the service industry it was part of his duty to extend the necessary assistance to their customer.   His act of going to the hospital using the company truck was something that is fairly and naturally incident to the business of his employer.   (Sayles v. Piccadilly) Further the conduct of vinny was not something that promoted his own interest but it was motivated by the desire to serve his employer. B. Delivery Case: Defendant For an employer to be held liable under the doctrine of respondeat superior, it must first be proven that the employee conduct bears relationship to the nature of his work.   In determining whether an employee was acting within the scope of employment, the employee’s job description, time and place and purpose of the employee’s act, the conformity of the employee’s act to his assigned task must be examined. As a grocery clerk, Vinny’s function is to assist the customers locate the items they intend to purchase, to help in the packing of the items purchased by the customers and to answer their queries about a particular item in the grocery.   Nowhere did it say in the employee manual that part of the function of the grocery clerk is to send women who are delivering babies to the hospital.   Vinny performed something that he was not supposed to do at the time and place of the accident. The employee did not even inform the store manager, Oscar, that he will be leaving the grocery.   Indeed there was a substantial departure from the nature of the work Vinny was hired to do.   Thus, the liability for the injury he caused to Melnick is his own responsibility and should not be imputed to his employer.

Dealing With Having Back Surgery :: Personal Narrative Athletics Medical Sports Essay

Dealing With Having Back Surgery Starting my freshman year at County High School, I played basketball and loved every minute of it. I wouldn’t be conceited enough to say I was good, but God did bless me with the talent to play. My life revolved around the sport of basketball; some would say I slept, ate, and breathed every part of it. I spent all my time training and practicing to make myself a more dedicated athlete. This dedication not only helped me as a player, but also molded me into the person I am today. It somehow helped to prepare me for what defeat I would face with back surgery in the future. Beginning as a freshman I started every game never, but to sit on the bench unless there was a major problem. This repetitious cycle mirrored itself over and over again until there was a problem, physically, with my body. I had felt a pain in my back that ran down my leg for some time, but no one other than me knew of this pain. I am a very strong willed and determined person, not letting pain stand in my way. The pain started to vaguely effect my everyday activities, such as walking across Wal-mart which put me in agonizing pain. The only way I played basketball with this pain was by focusing on the goal I was out to achieve. My mother took me to see a back specialist named, Dr. Johnson at the Knoxville Orthopedic Center in Knoxville, TN who explained this pain I was having generated a major problem. It never came to my realization how serious this could be, or what it could do to my basketball career. Tests after tests including MRI’s, X-rays, and experimental procedures were performed to show I had five ruptured disks in the lower lumbar section of my back. Tedious Examination done by a group of doctors concluded I had a crippling disease of the spinal column called spinal stenosis. Spinal stenosis is a narrowing of the spinal canal that causes compression of the spinal cord. (Lohr,1) If this disease was ignored any longer, it would lead to many other problems affecting other areas of my back to help support this weakness. It was an extremely rare case for an athlete my age.

Physiological Adaption Fish Essay

Adaptation of Fish to Its Environment BIO101 March 11,2013 Physiological Adaptation of Fish to Its Environment All organisms around the world are sparsely distributed depending on the environment that best suited to their modes of survival. Organisms undergo adaptation – an evolutionary process where they became well-suited to a particular. The process of adaptation happens through the natural selection, whereby nature selects those organisms that suit a certain habitat and sustain them for successive generation and ones that do not perish, hence the theme of survival for the fittest. The surviving species pass the same favorable features to their generation for their further survival after a progressive reproduction. Physiological adaptation of fish to their habitat depends on what the nature favors to suit them. Below is the illustration of the external and internal features of a fish (â€Å"Internal Salmon Anatomy Worksheet Key,† 2011): Water bodies have a diversity of conditions that enable fishes to adapt to their survival. The physiological adaptation of these animals varies to a particular habitat, and it relates to how their metabolism works to counter the changing environment. Fish metabolic activities seek to regulate their body functions in any opportune change of their environment and adapt to it. To control the body temperature, fishes undergo physiological thermoregulation. The physiological and metabolic activities regulate the body temperature and maintain it by means of countercurrent exchange system. The countercurrent exchange system is one where the hot blood in the blood vessels, as a result of muscular activities, passes along and gives up some heat to the blood in the adjacent blood vessels, which is flowing to the other parts of the body. This way fishes are able to keep warm. Fish also have the survival tactics in areas where water temperatures are on the point of freezing all the year round – like in the Antarctica region. In order to overcome the darkness due to the ice over the water surface, fish have a specialized sensory system called mechanosensory lateral line, which enables them to sense the motion of other animal in their environment and allows them to feed. However, some fish subspecies normally live in the freshwater and in seawater depending on the environmental opportunities that affects their chances to survive (WhyEvolutionIsTrue, 2012). Freshwater fish have a mechanism, which makes possible them to concentrate salt within their bodies in the environment of salt deficiency; consequently, marine fish have the capability to excrete excess salt in the hypertonic environment. The latter as well has chloride cell in their gills, which produce enzyme called gill Na+/K+ATPase that enables them to ride their plasma of excess salt build up when they drink seawater. The enzyme is applied to pump sodium out of their gills using the energy generated from the muscle. Freshwater fish have a physiological mechanism that allows them to concentrate salt and compensate their sanity environment. They achieve the balance of the body and that of the surrounding by producing very dilute, copious urine to rid them of the excess water in their body while taking ions through their gills (â€Å"Fish in Their Environments: Habitats & Adaptation,† 2010). Their adaptation favors their capability to adjust to the changing environment. The swordfish has a modified eye muscle with a concentration of mitochondrion cells. The mitochondrion organelles perform the duty of breaking down of food to obtain energy for normal eye movement and to provide heat for blood going to the brain. The physiological system of fish also operates within a fluid environment despite the change its environment. Osmoregulation in fish aims to get a stable balance of uptake and loss of water and solutes through their excretory organs. Marine fish, for example, bony fishes, are hypo-osmotic to seawater; respond to loosing water in their bodies by osmosis and gain salt by diffusion and from the food they eat. They also take up chloride ions through their skin and gills to balance osmotic condition of their environment. In conclusion, fish, like all other animals, have their mode of adaptation to survive in their habitat regarding the circumstances that occur. They will continue to reproduce passing those adaptations to their next generation. References Internal salmon anatomy worksheet key. (2011, January 14). U. S. Fish & Wildlife Service. Retrieved from http://www. fws. ov/r5crc/salmon/workbook/homework_salmon_anatomy_internal_key. htm Fish in their environments: Habitats & adaptation. (2010, March 3). Earthguide. Retrieved from http://earthguide. ucsd. edu/fishes/environment/environment_zones. html WhyEvolutionIsTrue. (2012, April 11). Parallel adaptation in fish: Same genes used over and over. Why Evolution Is True. Retrieved from http://whyevolutionistrue. wordpress. com/2012/04/11/parallel-adaptation-in-fish-same-genes-used-over-and-over/

Should Prostitution Be Legal - 1371 Words

Kayla Beaty College Success Professor Jernigan 02/04/2015 Prositution in the U.S For my paper I chose the topic â€Å"Prostitution In the U.S† I picked this topic because I feel as if there’s a lot to discuss about the subject itself. Prostitution in my eyes, should be illegal in all parts of America. I feel as if the crime itself is degrading not only to women, but the families of those involved that choose to commit these acts. My personal opinion, going more into detail is that I grew up viewing sex as a sacred act between two people that love and care about eachother. Sex, in my opinion is something that should be private and should be with someone that you know, and that mostly, you trust. I feel as since â€Å"buying† sex actually became a†¦show more content†¦If you as a woman, allow yourself to be tossed around sexually between men then you also, are going to reap what you sew. Prostitution has the power to spread many STI’s and many STD’s around America at an extremely high rate if legalized all across America and not just in the 11 counties of Nevada where it is legal. Prostitution is also another way for a man to be able to rape their victims without having to admit to themselves that it was in fact rape. Regardless if a woman is willing to have sex with a man for money does not change the fact that she doesn t have a right to say â€Å"no† when intercourse it being discussed. When a woman puts herself in the position of being a prostitute she’s not the only one that’s being affected by it at all times. Women who prostitute themselves also can have children that are being affected by the crime as well. Children look up to their parents from a very young age and having to imagine A child seeing men in and out of their mothers bedrooms and or lives I feel would be a hard pill to swallow for a child at any age. Prostitutes often lose all rights to their child when the crime comes to the light and having your mother disappear from you at a very young age would be abso lutely devastating, and even harder when you grew up and learned why. My last opinion on prostitution is that