School Based Mentoring Programs ( Sbmp ) - 919 Words

School-based mentoring programs (SBMP) have become widely used due to their presumptuously simple implementation and effective results; however, they remain to be scientifically under-developed and require integrity during implementation (Miller et al., 2013; Smith Stormont, 2011). Undoubtedly, SBMP have been shown to improve students: attitudes, confidence, school engagement, school performance, behaviour, vocational skills, and emotional and social skills (Converse Lignugaris/Kraft, 2009; Miller et al., 2013; Schwartz, Rhodes, Herrera, 2012). Contrarily, these promising outcomes are equally met with many studies that show: no, or only little, improvements; only short-lived results; or only effectiveness with certain types of students (Converse Lignugaris/Kraft, 2009; McQuillin, Smith, Strait, 2011; Miller et al., 2013). A major understanding that many program designers seemingly fail to comprehend is that SBMP are not ‘general-purpose’ programs. Thus, many SBMP are not designed and implemented strategically. Particularly problematic for these poorly designed programs are: the lack of defined success outcomes, measurements of success being open to biases, the ambiguous and faulty evaluations of such programs, and the individual program’s diversity of standards, budgets, objectives, and implementation (Converse Lignugaris/Kraft, 2009; Gusic et al., 2010; Schwartz, Rhodes, Herrera, 2012; Smith Stormont, 2011). Evidently, the difficulty of replicating the

Gulf Coast Motor Free Essays

string(51) " because Glenn does not have anything in his name\." This course includes a challenging Course Project due in Week 6. Because of this, you will need to spend additional time and effort throughout the course to work on your project rather than wait until Week 6. The subject of the project may be based on any Case from any chapter assigned in this course. We will write a custom essay sample on Gulf Coast Motor or any similar topic only for you Order Now Examples are Case 10. 3- Montgomery v. English on page 175 and Case 14. 2- Page v. Gulf Coast Motors on page 111. Choose the case you wish to research and then do the following: Read and understand the case. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to use the concepts of the course to show your reasoning. Summarize the situation. Dedicate at least one heading to each following outline topic: ? Parties [Identify the plaintiff and the defendant and tell something about them. ] Facts [Summarize those facts critical to the outcome of the case. ] Procedure [Who brought the appeal? What was the outcome in the lower court(s)? ] Issue [Note the central question or questions on which the case turns. ] Holding [How did the court resolve the issue(s)? Who won? ] Reasoning [Explain the logic that supported the court’s decision. Case Questions [Be sure to address and thoroughly answer each and every case question and each part of each question. ] Conclusion [This should summarize the key aspects of the decision and also your recommendations on the court’s ruling. ] Include citations on the slides and a reference page with your sources. Use APA style citations and references. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties, or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case. PAGE v. GULF COAST MOTORS Mary R. PAGE v. GULF COAST MOTORS. 2030401. — December 30, 2004 David Vaughn, Daphne, for appellant. James Rebarchak of Miller, Hamilton, Snider Odom, L. L. C. , Mobile, for appellee. Parties: [Identify the plaintiff and the defendant and tell something about them. ] Gulf Coast Motors sued Glenn and Mary Page to recover money lent at various times to Glenn. Mary asserted the affirmative defenses of the lack of consideration and the Statute of Frauds. Facts: [Summarize those facts critical to the outcome of the case. ] On August 29, 2003, the case was tried by the court without a jury. ? The trial court heard ore tenus testimony from Mary, Glenn, and representatives of Gulf Coast Motors. ? After the trial, the parties submitted briefs on the application of the Stat ute of Frauds as to the claims asserted against Mary. On November 7, 2003, the trial court entered a judgment in the amount of $23,020 in favor of Gulf Coast Motors and against both Glenn and Mary. On December 8, 2003, Mary filed a motion to alter, amend, or vacate the judgment based on the Statute of Frauds. ? That motion was denied on December 9, 2003. ? On January 20, 2004, Mary filed a notice of appeal to this court. ? Glenn did not appeal. Glenn had a long-term friendship with Jerry Sellers, one of the owners of Gulf Coast Motors. ? In or around 1993, Glenn began borrowing money from Gulf Coast Motors on a recurring basis. ? The parties agree that Glenn borrowed money from Gulf Coast Motors and that he â€Å"had a gambling problem,† but there is no evidence as to what Glenn used the loan proceeds for. ? In its brief to this court, Gulf Coast Motors fails to cite to any evidence indicating that Mary derived an economic benefit from the proceeds of any of the loans to Glenn. The loan process was informal. ? Gulf Coast Motors set up a one-page ledger to record Glenn’s loans. ? The ledger sheet showed the debits and credits, and it contained the following stateme nt at the bottom, signed by Glenn: ? â€Å"I agree to pay Jerry Sellers[2 ] as above with waiver of all exemptions. † ? Mary did not sign the ledger sheet, and her name does not appear thereon. At various times between October 2000 and October 2002, Glenn borrowed money from Gulf Coast Motors. ? According to Gulf Coast Motors’s bookkeeper, Glenn â€Å"would come in and borrow money from [Gulf Coast Motors] and set up a payment plan, get cash, then sometimes he’d come in and he would want [Sellers] to cash a check for him and, hold the check. † ? At various times, Glenn made payments, typically in amounts of $300 or $600, to apply toward the balance of his account. ? The parties do not dispute that Glenn was indebted to Gulf Coast Motors. Sellers testified that he became concerned about Glenn’s debt in 2002 and that he asked Mary to guaranty Glenn’s debt. ? According to Sellers, Mary agreed to make sure that Gulf Coast Motors was paid if they would â€Å"work with us. † ? Sellers testified as follows: â€Å"I called [Mary] on the telephone. ? Mary, Glenn is up here wanting me to cash another check and, you know, he’s got a big bill already run up here and he tells me when y’all harvest your timber ? you’re going to pay off all this account† â€Å"And, ah, [Mary] said, well, I’m gonna pay it. ? I promise you that we’ll pay this off. Just work with us until we can sell our timber. ? I promise you you won’t lose a dime. ? You’ll be paid just as soon as we get the money. † Sellers testified that he modified Glenn’s payment terms and made additional advances based on Mary’s assurances that she would make payment. ? Sellers tes tified: â€Å"She said, Well, if you will redo those just put them in a payment where we can pay five of six hundred dollars a month we’ll do that until we sell our timber. ? And based on her promise that she would make sure it was paid, I did that for her because Glenn does not have anything in his name. You read "Gulf Coast Motor" in category "Papers" ? â€Å"And the only assurance I could go forward on was Miss Mary. And she promised me faithfully that I would be paid in full everything was owed and all she wanted me to do was work with them until they could sell their timber. † Mary denied that she had promised to pay any of Glenn’s debt, and she denied that Sellers had asked her to pay Glenn’s debt. ? Mary testified that she never received any money from Sellers or Gulf Coast Motors, and she denied that she had received any economic benefit from moneys lent by Gulf Coast Motors to Glenn. She testified that, if she had been asked, she would have advised Sellers not to lend money to Glenn. ?Because the trial court heard ore tenus evidence, the trial court’s findings of fact are given a presumption of correctness, and we will not reverse the trial court’s judgment based on those findings of fact â€Å"unless it is clearly erroneous, without supporting evidence, manifestly unjust, or against the gr eat weight of the evidence. † ? Odom v. Hull, 658 So. 2d 442, 444 (Ala. 1995). ? Where, however, the issue is the application of law to the facts, the presumption of correctness has no application and our review is de novo. Brown v. City of Huntsville, 891 So. 2d 295 (Ala. 2004); ? Ex parte Board of Zoning Adjustment of Mobile, 636 So. 2d 415 (Ala. 1994). Our disposition of this case turns on the proper application of the Statute of Frauds. ? Specifically,  §? 8-9-2, Ala. Code 1975, provides, in pertinent part: â€Å"In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged therewith or some other person by him thereunto lawfully authorized in writing: â€Å"? â€Å"(3)? Every special promise to answer for the debt, default or miscarriage of another; â€Å"? â€Å"(7)? Every agreement or commitment to lend money, delay or forebear repayment thereof or to modify the provisions of such an agreement or commitment except for consumer loans with a principal amount financed less than $25,000. † Issue: [Who brought the appeal? What was the outcome in the lower court(s)? ] A promise to pay the debt of another is barred by the Statute of Frauds unless it is in writing. ? It is not disputed that Mary did not sign a note, guaranty, or any other writing promising to pay any part of Glenn’s debts. Therefore, if the purported agreement to pay Glenn’s debt is within the Statute of Frauds, Mary is not liable even if the trial court found Sellers’s testimony to be credible. ? Mary’s alleged oral promises are not enforceable under the Statute of Frauds. Gulf Coast Motors makes three arguments in this appeal. ? First, it argues that Mary’s obligations were original promises to pay, rather than guaranty or collateral agreements, and thus were not within the Statute of Frauds. ? The Alabama Supreme Court has defined â€Å"original† and â€Å"collateral† agreements as follows: â€Å"? Collateral’ agreements are those in which the object of the promise is to become the guarantor of another’s debt; ? these are within the statute and must be in writing to be enforceable. ?‘Original’ agreements are those in which the effect of the promise is to pay the debt of another, but the object of the promise is to promote some purpose of the promisor. † Fendley v. Dozier Hardware Co. , 449 So. 2d 1236, 1238 (Ala. 1984) (citations omitted). ? See also Lawler v. Cook Oil Co. , 640 So. 2d 950, 951 (Ala. Civ. App. 1994). In this case, Mary’s alleged agreement was to guaranty payment of Glenn’s debt. ? Much of the credit had already been extend ed to Glenn when Mary allegedly made her oral promises to guaranty payment. Moreover, there is no suggestion in the record as to any economic purpose that Mary would advance by repayment of Glenn’s debt, and there is no evidence indicating that Mary received any economic benefit from the loans to Glenn. ? See Lankford v. Rucker, 396 So. 2d 105 (Ala. Civ. App. 1981). ? We conclude that the issue presented involves an alleged guaranty, or â€Å"collateral,† agreement, not an â€Å"original† agreement. ?Second, Gulf Coast Motors argues that Ala. Code 1975,  §? 8-9-2(7), exempts from its application agreements or commitments to lend money in cases of â€Å"consumer loans with a principal amount financed less than $25,000. †  §? 8-9-2(7). ? This argument fails because  §? 8-9-2(7) applies to â€Å"commitments to lend money, not to repay money that has been borrowed. † ? Carter v. Holland, 825 So. 2d 832, 836 (Ala. Civ. App. 2001). ? See Rozell v. Childers, 888 So. 2d 1244 (Ala. Civ. App. 2004). ? Mary’s purported guaranty is not an agreement to lend money, and it is therefore not governed by  §? -9-2(7). ? Moreover, a transaction is covered by the Statute of Frauds if it comes within any of the subsections of  §? 8-9-2. ? Because Mary’s purported guaranty was covered by  §? 8-9-2(3), it is irrelevant that it is excluded from the scope of another subsection of the statute. ?Third, Gulf Coast Motors argues, in reliance upon Nelson Realty Co. v. Darling Shop of Birmingham, Inc. , 267 Ala. 3 01, 101 So. 2d 78 (1957), that Mary committed fraud in the procurement of the loans and that the Statute of Frauds therefore does not bar recovery. This argument is without merit because the Alabama Supreme Court recently held that â€Å"an oral promise that is void by operation of the Statute of Frauds will not support an action against the promisor for promissory fraud. † ? Bruce v. Cole, 854 So. 2d 47, 58 (Ala. 2003). ? To allow a promissory-fraud claim in such circumstances would cause the Statute of Frauds to become meaningless. ? Therefore, under Bruce, the promissory-fraud claim is barred because the underlying promise is barred by the Statute of Frauds. Holding: [How did the court resolve the issue(s)? Who won? ] Based on the foregoing, we conclude that Mary’s alleged promises to guaranty or repay Glenn’s debts were within the Statute of Frauds and, therefore, were not enforceable. ? Therefore, we reverse the trial court’s judgment, and we remand the cause for the trial court to enter a judgment in Mary’s favor on all claims. REVERSED AND REMANDED. Reasoning: [Explain the logic that supported the court’s decision. ] Case Questions: [Be sure to address and thoroughly answer each and every case question and each part of each question. ] Critical Legal Thinking What is a guaranty contract? Explain. Business Ethics Did Glenn act ethically in this case? Would Mary have acted unethically if she had actually orally guaranteed to repay her husband’s debts and then raised the Statute of Frauds to prevent enforcement of the oral promises? Contemporary Business Are guaranty contracts often used in business? Can you think of a situation in which a guaranty contract would be required? Conclusion: [This should summarize the key aspects of the decision and also your recommendations on the court’s ruling. ] FOOTNOTES 1. ?When the loans were being made, Glenn was not working and had no assets in his own name. Mary has significant assets in her own name. 2. ?The parties do not discuss the discrepancy between the promise to pay Sellers and Gulf Coast Motors’s claim to be the obligee. ? We note that Gulf Coast Motors is referred to in the record both as a corporation and as â€Å"Jerry Sellers d/b/a Gulf Coast Motors. † 3. ?Sellers testified that he â€Å"refinanced [Glenn] per [Mary’s] request and put all the old other checks in with the other account and redid it at $600 a month. † MURDOCK, Judge. YATES, P. J. , and CRAWLEY and THOMPSON, JJ. , concur. PITTMAN, J. , recuses himself.? How to cite Gulf Coast Motor, Papers

Research Project Analysis of Health And Social Care Free Sample

Questions: 1. Draw conclusions from findings.2. Reflect how own research findings substantiate initial literature review.3. Make recommendations related to area of research.4. Identify potential uses for the research findings within practice. Answers: The purpose of this research project is to analyze data on work related with elderly. One such study was on the impact of climate change in health and social care and its risk while dealing with older patients in England. England experiences significant frequency of weather change and severe weather hazards like floods, cold wave, and heat waves. Heath care staff has a responsibility of protecting the health and wellbeing of older people as they are more vulnerable to climate-related risk. The study was reviewed by map variation across England. This mapping identified areas which could be severely impacted by climatic hazards in the next 20-30 years. Based on the review of a study on the relation between extreme climate and its impact on older patients, they developed operational definition on the pressure on health care system. They tried to relate their studies to UK Climate Impact Programme for 2030, UK Governments flooding projection for 2050 and Coastal Defense Project. The bigg est challenges they identified were how to determine that future socio-demographic condition will lead to vulnerability in health care, and this vulnerability will contribute to risk in elderly. It demonstrated geographic modeling for resilience planning (Oven et al., 2012). Another study was based on what should be the characteristics for health care staff while treating elderly patients. It focused on the importance of communication between caregiver and elderly for good clinical outcomes. A healthy interaction is dependent on health workers personality. The study made a cross-cultural comparison of staff in elderly care according to age and gender. It was found that a lot of characteristics differ for healthcare staff who care for elderly than those who look after the general population. The elderly medical staffs are slow-tempered, very patients, more stoic and reflective. They were tolerant to monotony, were able to predict older patients behavior even when they were not able to speak, and they had a systematic way of working. They had a very optimistic attitude, and their performances were not affected by risky situations. They had the capability to handle different situations, and they are more confident in situations of danger and uncertainty (Ri chter et al., 2012). Elderly care is an important department in health care, but nurses enrolled in the care of older patients are not given much recognition. This has an impact on registered nurse turnover, and the aim of the study was to change this trend. If people have a better understanding of why nurse work in elderly care, then the trend can change. Therefore, the focus was on making the new enrolled nurse realize the meaning of working in elderly care. For the research about 15 registered nurses working in a nursing home in the year 2013 and 2015 respectively were interviewed and the data was analyzed using interpretive methods. It was found that views of nurse changed with time when asked about the meaning of work with elderly. Earlier nurse defined the obstacle to working, but now they described the new opportunities while treating such patients. The study concluded that nurses belief determine whether they will continue to work with elderly or not. Therefore, this research managed to change th e view of nurses about caring for the nurse. It could modify the trend of elderly health care as the low status department (Blomberg et al., 2013). 1. From the literature reviewed on working with elderly, it can be concluded that dealing with the elderly patient is a challenge. Health care staff faces various challenges inefficient health care delivery due to climatic hazards, vulnerability to risk, poor infrastructure, etc. The Older patients are weak and have more risk of adverse outcomes in treatment. Due to demographic changes major countries face issues of aging population. In the future, more health care staff will be needed to look after them. Therefore, it will become necessary for a nurse to be prepared for those challenges and develop their personalities accordingly. Functional status of people decline due to aging, and health care staff plays a role in addressing their operational needs as efficiently as possible (Ericson Lidman et al., 2013). From one of the research, we saw that this sector of health care was neglected earlier. But seeing the issues of aging population worldwide it can be concluded that elderly c are will be in demand, and so nurse who enters this department will get great opportunity to develop their career (Barnett et al., 2012). 2. The initial literature review on three studies based on work with elderly gave me the idea to carry out further research on this topic. I got the idea that elderly care is a crucial sector therefore further research could be done on the best ways to train health care staff on efficient delivery treatment methods. A lot is dependent on their attitude towards working with elderly. So developing expertise in handling such patients will be beneficial in the future (Birren et al., 2014). 3. Based on the above reflection on initial literature review, the key areas of research will be regarding developing competency in nurse, especially in elderly care. The negative issue of health care staff might adversely affect care. So nursing training according to clinical demands is needed. Organization needs to recruit people with good interpersonal skills, and those individuals should be selected who have greater experience in caring for elderly. The nursing board should recognize older people's nursing as a different specialty (Brownie Nancarrow, 2013). 4. The research finding will have great implications for future practice in health care organization. The key areas of development related to theoretical education aging and quality of clinical experience will influence people's career. Therefore identifying theory-practice gaps and efficient delivery of elderly care will bring the better outcome for a patient. Change in ways of care and systematic structures care will be beneficial for development of health care services (Cameron et al., 2012). Reference Barnett, K., Mercer, S. W., Norbury, M., Watt, G., Wyke, S., Guthrie, B. (2012). Epidemiology of multimorbidity and implications for health care, research, and medical education: a cross-sectional study.The Lancet,380(9836), 37-43. Birren, J. E., Lubben, J. E., Rowe, J. C., Deutchman, D. E. (Eds.). (2014).The concept and measurement of quality of life in the frail elderly. Academic Press. Blomberg, K., James, I., Kihlgren, A. (2013). Meanings over time of working as a nurse in elderly care.The open nursing journal,7(1). Brownie, S., Nancarrow, S. (2013). Effects of person-centered care on residents and staff in aged-care facilities: a systematic review.Clinical interventions in Aging,8, 1. Cameron, I. D., Gillespie, L. D., Robertson, M. C., Murray, G. R., Hill, K. D., Cumming, R. G., Kerse, N. (2012). Interventions for preventing falls in older people in care facilities and hospitals.Cochrane Database Syst Rev,12. Ericson Lidman, E., Norberg, A., Persson, B., Strandberg, G. (2013). Healthcare personnels experiences of situations in municipal elderly care that generate troubled conscience.Scandinavian journal of caring sciences,27(2), 215-223. Oven, K. J., Curtis, S. E., Reaney, S., Riva, M., Stewart, M. G., Ohlemller, R., ... Holden, R. (2012). Climate change and health and social care: Defining future hazard, vulnerability and risk for infrastructure systems supporting older peoples health care in England.Applied Geography,33, 16-24. Richter, J., strm, S., Isaksson, U. (2012). Personality Characteristics of Staff in Elderly CareA Cross-Cultural Comparison.Issues in mental health nursing,33(2), 96-100.