...Clinical judgment is when one believes on whatever relevant data or what we believe is the best choice, while actuarial judgment solely uses practical proven statistical associations between data and outcome; in other words, one selects what statistics or numbers recommend (Dawes, Faust, & Meehl, 1989). I believe that both ways are not better than each other because for the most part, people tend to use their best judgments based on the situation at hand and an actuarial judgment may not offer the best choice. One of my clinical judgments was choosing a pest control company to fumigate my home bi-weekly. They showed up at my front door explaining the process and how they can eliminate all types of insects and other pests from my home. I was motivated to give them a try as I had recently moved into the house and did not have anyone doing this service during that time. They also offered to fumigate immediately and bill me monthly (did not have to pay that day). I thought this was a pretty good deal. After a week or so after the fumigation, I noticed I was getting spider webs by my front door. I called the service so they could come back out and take care of the situation. They came over and explained that it will take a few tries to kill these spiders. I was a bit upset as I did not have them prior to the fumigation. They explained that the venom drew them out and at least I can see them now. At that point I just asked them to fumigate around the area...
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...ONLY) 0486 : SSN: (LAST FOUR DIGITS ONLY) 9643 : ------------------------------------------------------------------------------------------------------ RODELL RAHMAAN, : Adv. Pro. No. 05-02049 Plaintiff, : vs. : ROY J. LISATH, aka ROY JESSE LISATH,: Defendant. : PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT Now comes the Plaintiff, Rodell Rahmaan (hereinafter “Rahmaan”), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter “Lisath”), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al., designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U.S.C. §523(a)(6), namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by this Court’s Order entered March 24, 2005. Your Movant grounds this Motion upon the Memorandum more specifically set forth hereinafter. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend (0019648) 118 East Main Street ...
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...“Zero-tolerance” is the policy of applying laws or penalties to even minor infringements of a code in order to reinforce its overall importance and enhance deterrence. In the reading “Zero Tolerance”, Shawn Hubler stands on the opposite side about “zero-tolerance” on campus and even in our society. “Zero-tolerance” is a blind rule that is focusing on punishment only. There is no judgment and no discretion about the offenders and the cases. “Zero-tolerance” may cause bad influence on the offenders’ future. I strongly agree with her position about against “zero-tolerance”. First, zero-tolerance is conflict with my cognition about “rules”. There is not just “black-and-white” in our judging measurement. Grey areas exist. There are some special circumstances that the offenders are naïve or lured to make the mistakes, especially teenagers. Zero-tolerance is too extreme for teenagers. Hubler mentioned an example in her article, which is about a poor little kid who just pretend to have a sip on a vodka-and-orange juice. He was so innocent to admit he drank. Can we say he really did something wrong? However, zero-tolerance policies will never give him any chance other than punishment. Therefore, zero-tolerance has no consideration about the content of the cases. It only focuses on punishment. In addition, zero-tolerance may push the offenders to an abyss for their careers. Hubler wrote, “ So every kid suspected of wrongdoing-drunk or sober, troubled or just uncharacteristically stupid-face...
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...The article “Don’t Let Stereotypes Warp Your Judgment” written by Robert L. Heilbroner, discusses in vivid context how stereotypes are theoretically developed and spread, their effects on society as a whole, and their impacts upon the groups or individuals when the judgments are made on other individuals and groups. According to Heilbroner’s article in regards to stereotypes upon their effects on individuals, preset judgments are casted to degrees of extremity in which is determined by appearance, status, and even knowledge; examples of this include individuals with glasses being intelligent, people with certain names being visualized in a certain way, etc. Heilbroner believes that stereotypes have the potential to impact our society by causing people to establish premature conclusions about individuals instead of thinking for themselves and drawing their facts from an individual basis rather than a generalized one. Results of this would most likely create segregation, discrimination, and perhaps even criminal activity. As far as group stereotypes and their impacts upon societies based on Heilbroner’s article, biased judgments have the tendency to be made in accordance to familiarity or minor details; one example of this includes a demonstration of many Colombia and Barnard students whom were shown 30 photographs of unidentified women and were asked to rate their beauty, general liking, intelligence, etc. Two months later, the same students were shown the same pictures, but...
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...3/1 John Brown sued Dr. Thomas Furlow claiming an injury due to Dr. Furlow’s failure to extract an infected tooth. - Dr. Furlow contacted his attorney and made an appointment for 3/19. - Dr. Furlow’s home was burglarized on 3/18 and he rescheduled his attorney appointment for 3/23 (2 days after the deadline of 20 days to file an answer) - 3/23 a Default Judgment was entered against Dr. Furlow. - 3/23 the attorney for Dr. Furlow filed a Motion to Set Aside the Default Judgment. Question Presented: Should the Motion to Set Aside the Default Judgment be granted? Answer: A Default Judgment may be set aside on grounds of excusable neglect or any reason of an extraordinary nature justifying relief. TRACEY DAVIS 21053641 008033 Page 2 of 2 72 Kimbark Road, 2nd Floor Riverside, IL 60546 davista@sbcglobal.net Discussion: The main three factors considered by the court in whether to set aside a default judgment, (Kentucky Civil Rule 60.02), are: (1) valid excuse for default, (2) meritorious defense, and (3) absence of prejudice to the other party. This rule can be applied to our case against the default judgment being set aside due to the fact that Dr. Furlow’s home was robbed creating extenuating circumstances preventing him from keeping the appointment with his attorney. It also can be applied due to excusable neglect when Dr. Furlow feared for his family’s safety and in his efforts to protect them, forgot about his appointment with his attorney. Dr. Furlow can...
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...Judgment of Information Quality and Cognitive Authority in the Web Soo Young Rieh Excite@Home* 450 Broadway Street, Redwood City, CA 94063. Email: srieh@excitehome.net In the Web, making judgments of information quality and authority is a difficult task for most users because overall, there is no quality control mechanism. This study examines the problem of the judgment of information quality and cognitive authority by observing people’s searching behavior in the Web. Its purpose is to understand the various factors that influence people’s judgment of quality and authority in the Web, and the effects of those judgments on selection behaviors. Fifteen scholars from diverse disciplines participated, and data were collected combining verbal protocols during the searches, search logs, and post-search interviews. It was found that the subjects made two distinct kinds of judgment: predictive judgment and evaluative judgment. The factors influencing each judgment of quality and authority were identified in terms of characteristics of information objects, characteristics of sources, knowledge, situation, ranking in search output, and general assumption. Implications for Web design which will effectively support people’s judgments of quality and authority are also discussed. Introduction One of the advantages of searching in the Web is its grant of access to a great amount and a wide variety of information. As a result, however, people need some ways to reduce the...
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...Biases and Judgment Karmen Burrell AIU Online MGT600-1204A-01 Unit 2 Individual Project September 2, 2012 Part One (Theoretical Framework) What are the effects of human resources outsourcing on leadership performance and employee commitment? This is a question facing every business. Although this is not a new topic of discussion there are still questions about its true effect on leadership performance and employee commitment. Outsourcing different jobs throughout a business’s many departments has been a common practice since the 1970’s. (Pence, 2010). At first the most common job/task that was outsourced was the company’s payroll but over the last decade more and more businesses are finding it more economical to outsource the majority of the jobs/tasks performed in a human resource department. (Nash, n.d.). In the following report we will discuss the variables and identify if they are dependent, independent, mediating, or moderating. The first variables needing to be discussed are the dependent or criterion variables. In this study they would be leadership performance and employee commitment. Leadership performance is always going to be present whether it is good or bad. The same can be said about employee commitment. These two variables may be influenced by other factors as to which end of the scale they will be located, but they will always be present. The second variable that needs to be discussed is the independent or predictor variable. (Bazerman...
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... The difference between good and evil is that they are quality judgments, just like hot and cold, light and dark, and near and far are quality judgments. Quality judgments are evaluations that we humans make relative to our own experience as human beings. Hot is what is hot to us. Far is what is far to us. Good is what is good to us. Evil is what is bad to us. Good and evil are quality judgments that we make relative to ourselves and our experiences here on Earth. But if good and evil are quality judgments, what's the quantity being judged? And what's the phenomena being quantified? At a glance I would say that the quantity that good and evil qualify is morality. Good and evil are moral evaluations, so morality is the scale being used to quantify the phenomena. And if morality is a scale we are using to quantify a phenomenon, then the phenomena would by definition be human behavior, as morality applies only to human behavior. Or to view it from the other way round, there is a perceived phenomenon that we define as human behavior. We measure the range of that behavior using morality as our scale, and we qualify this range of morality as being good or evil depending upon how it affects us experientially. So essentially, then, good and evil are quality judgments passed by ourselves, relative to ourselves, about ourselves. Some of us are really not going to like this idea: that good and evil are quality judgments passed by us, on us, about how our own behavior affects us. They...
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...Request judgment figures through LPS. In LPS go to launch process- judgment figures. If no judgment has been entered put a good through date of at least 30 days in the future, not falling on a weekend or holiday. When judgement has been entered use the date judgment was entered as the good through date. In CaseAware in the ‘View Case’ you will input the date you requested/ received the judgment figures from LPS IN THE .1150 step. 2. Open the case in CaseAware. In the case in the bottom right corner hit the ‘Financial Info’ tab to input the figures. In this process hit the drop down menu, and select the judgment figures process. In this worksheet the principal balance should have already been pulled- double check. Next enter the amounts the judgment figures give you for Pre-Acceleration, taxes, Corporate Advance and Interest, unapplied credits, and deferred amounts. Being that unapplied credits are credits, they must be put into CaseAware as a negative so that it deducts an amout (-1,255.55). Hit save at the bottom. 1. Once you have saved these figures go back to the case and hit the ‘File Sendout’ tab and select the ‘Servicer on behalf of Plaintiff’ and the ‘Doc Execution Cover Sheet’ documents to merge. Once this document has merged you will hit the ‘Adjust Doc’ tab to enter the good through date. 2. In the figures chart that was merged- in the interest row include the words “Good through xx/xx/xxxx” with the good through date on the judgment figures...
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...extracted. On September 2, 1997, appellant filed a product liability action against Friday's, which served the meal, and appellee Pro Source Distributing (hereinafter “Pro Source”), the supplier of the fried clams. Both Friday's and Pro Source filed motions for summary judgment, which the trial court granted without explanation on June 18, 1999. Appellant timely filed her notice of appeal on July 19, 1999. On February 16, 2000, Pro Source filed with this court a document titled “Suggestion of Bankruptcy,” informing this court that Pro Source, now known as Ameriserve Food Distribution, Inc., is subject to bankruptcy proceedings in United States Bankruptcy Court for the District of Delaware. Pro Source further notified this court that pursuant to Section 362 of the Bankruptcy Code, orders of relief stay the commencement or continuation of judicial, administrative, or other actions or proceedings against Pro Source. Pro Source did not file a brief until five days prior to oral argument but did not request leave to be heard at oral argument. Since Pro Source did not timely file its brief, we may accept appellant's statement of the facts and issues as correct and reverse the trial court's judgment as relates to Pro Source if appellant's brief reasonably appears to support such action. App.R. 18(C). Appellant's sole assignment of error alleges: “The trial court committed error in...
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...ENFORCING JUDGMENTS - 1 [pic] KEY TERMS • "JUDGMENT CREDITOR" means the person who is entitled to enforce a judgment or order; and • " JUDGMENT DEBTOR" means the person who is liable to enforcement under the judgment or order, even though the judgment or order is not a money judgment . JD/JC GENERAL PRINCIPLES ♦ NATURE OF THE JUDGMENT ♦ NATURE OF THE ASSETS OF THE JUDGMENT DEBTOR ♦ NO STAY OF EXECUTION IN PLACE [pic] ♦ GENERALLY NO PERMISSION NEEDED BUT EXCEPTIONS INSTANCES IN WHICH PERMISSION REQUIRED for writ of execution PROCEDURE TO OBTAIN INSTANCES PERMISSION REQUIRED > Six years have elapsed since the judgment was entered > The JD has died and the JC wishes to enforce against assets of the deceased which have passed to the personal representatives. > The goods against which judgment is to be enforced are in the hands of a Receiver appointed by the Court > Statute requires it. PERMISSION ♦ Without Notice ♦ Must be supported by evidence on Affidavit • Applicant entitled to enforce • Person sought against liable to satisfy. • "Ground specific" information Methods of enforcing MONEY judgments |METHOD ...
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...Not?: A Case of Auditor Judgment for Deferred Tax Issues Leader’s Guide Leader’s Guide Rigorous or Not?: A Case of Auditor Judgment for Deferred Tax Issues Jan Taylor Morris, PhD, CPA Time: 3 hour unit of study Module Objectives 1. Help students understand the importance of exercising high quality professional judgment; 2. Introduce students to the KPMG Professional Judgment Framework; 3. Provide students with an opportunity to apply the framework; and 4. Provide students with the opportunity to begin developing an appropriate mindset for making good judgments. Module Learning Objectives Critical analysis of case issues and application of KPMG Professional Judgment Framework allow students to increase their: 1. Problem solving and decision making skills in an ambiguous learning environment; 2. Strategic / critical thinking as they consider the relevant issues of the case and make subjective decisions; 3. Ability to identify relevant risks associated with improper judgments; and 4. Understanding of ASC 740 and accounting for income taxes and how judgment impacts financial reporting. Module Components • Class Structure: 3 hour unit of study • PowerPoint Lecture • Case Assignment • Workpaper • Five Videos • Summary: Elevating Professional Judgment in Auditing and Accounting: The KPMG Professional Judgment Framework (available at: http://www.kpmguniversityconnection.com/ProfessionalJudgment/CurriculumSupport/Monographs/Professional-Judgment-Summary.aspx Acknowledgements:...
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...| Elevating Professional Judgment in Auditing and Accounting | | | | 9/17/2014 | | The demand for good judgment is high but the reality is most people receive very little formal training in what good judgment looks like or what may threaten good judgment. KPMG developed a training tool to enhance the professional judgment for all levels of audit professionals. The need for this training is a result of the economy, the use of fair value measurements, and changes in regulations. We all have a responsibility to improve our own judgment, both at work and in our personal lives. To make a good decision, you need to use judgment, since there will most likely be a number of solutions. The Professional Judgment Framework developed by KPMG serves as a guide the judgment process. “The Framework includes a number of components, such as mindset, consultation, knowledge and professional standards, influences and biases, reflection, and coaching” (Chevalier, 2013). The authors of the paper have provided five steps in their professional judgment process. The first step is to clarify issues and objectives by defining the problem and identifying the fundamental objectives. “In evaluating the data collected, the audit staff must eliminate the less important issues and focus on the problems” [ (Hefferon, 1980) ]. Identifying and clarifying the right problem can be difficult. Ask the right questions by asking what is important and also asking why something is important...
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...Hannan Awad General Sociology MWF 9:00 – 9:50 Final Assignment (6 pg. paper) Authority in Society. Authority is the willingness of people to obey the demands made on them by those in power. In modern societies, the ultimate demand made on the population would be to be willing to sacrifice life and go into dangerous conditions. The control of people and institutions by a small number of individuals depends, to some extent on having a monopoly on the use of force and being able to use force to regulate and control behavior. However, authority is the concept that refers to willingness of people to accept commands and orders and carry out the wishes of another individual. There are three formal bases for obedience to authority that are identified by Max Weber: 1- Legal Rational 2- Traditional 3- Charismatic There are also processes, events, interactions, symbols, and arrangements, too that insure the authority and increases the odds that people will accept and obey those who happen to occupy offices of authority. Authority and Social Order. In our human history, it states that when there is a functioning society, that means that there are larger numbers of people obeying a smaller number of people and the larger number obeys commands from a smaller number. A functioning society requires that people are socialized to obey. We should be able to see the possible processes and reinforcing to obedience to some abstract idea or ideal in all organized...
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...declaratory judgment rendered by the United States District Court for the Southern District of New York in favor of plaintiff, declaring that its insertion of star pagination to defendant's case reporters did not infringe defendant's copyright, and declaring that its case reports contained no copyrightable material and could be copied without infringement by intervenor. Following the commencement of suit by plaintiff in the district court seeking a judgment declaring that its insertion of star pagination to defendant's case reporters did not infringe defendant's copyright, intervenor sought a declaration that its redacted versions of defendant's case reports contained no copyrightable material and thus could be copied without infringement. On the star pagination issue, the district court granted summary judgment to plaintiff and intervenor. The court affirmed that ruling. The question presented was whether defendant's alterations to the case reports demonstrated sufficient originality and creativity to be copyrightable. The court affirmed the district court's finding that defendant's alteration of opinions did not reflect an exercise of originality or creativity, in part because defendant's realistic options were limited. The court could not find that the conclusion was unreasonable. In addition, affording these decisions copyright protection could give defendant an effective monopoly over commercial publication of case reports. The court affirmed the district court's judgment, concluding...
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