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Project 2: making decisions that are legal and ethical

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Learning Topic

Contract Remedies
The US legal system is a common-law system, a type of system that originated in England

after the Norman conquest of 1066 CE. The rulers of England, including William the

Conqueror and his progeny, took measures to unify the country. One of the measures they

took was to establish king’s courts, which sparked the beginning of a body of common

law, or generally applicable rules of law, throughout England and, eventually, its colonies.

Over time, the common law was brought to America through English colonization, and the

system of common law was adopted by the Founding Fathers of the United States.

In medieval English times, one could seek different remedies in different

courts. Remedies, broadly construed, are the legal method by which rights are enforced or

wrongs redressed. In medieval English times, king’s courts resolved disputes by issuing an

award of compensation to injured parties, often in the form of land, valuable property, or

money. The king’s courts eventually became known as courts of law, and the awards of

compensation, remedies at law. Remedies at law, today, are mostly issued in the form of

monetary amounts called damages, and are awarded through court orders.

It became apparent during the medieval period that there was sometimes no adequate

remedy at law available to resolve a dispute, and so, over time, chancery courts, also

known as courts of equity, were established. The remedies available in the courts of equity

(called remedies in equity or equitable remedies) were non-monetary remedies, including

specific performance, rescission, reformation, and injunction.

During the medieval period and still today, equitable remedies are typically available to

the injured party only when remedies at law (e.g., monetary damages) are inadequate for

resolving a dispute. Over time, and particularly during the nineteenth century, most states

in United States adopted rules to combine the traditional courts of law and courts of

equity, streamlining the process by making injured parties capable of seeking both

monetary and equitable remedies in the same court.

Remedies are available for victims of breach of contract. When one party to a contract

does not fulfill his or her legal obligations under the contract (“breaching the contract”),

the other party may seek a remedy, or some combination of remedies, to make the injured

party whole. Today, in the United States, the remedies available for breach of contract

include both remedies at law (damages), and equitable remedies, and in most states, these

remedies may be sought simultaneously in the same court. When there is a valid and

enforceable contract, monetary and equitable remedies may be available.

Even when there is not a valid and enforceable contract, in some cases, remedies may be

sought under other common-law theories, such as promissory estoppel, or pursuant to

theories of quasi-contract. The following decision tree explains how contract remedies

work in tandem with noncontract remedies.

Contract Remedy Decision Tree

As the decision tree shows, when there is a valid and enforceable contract, then monetary

and equitable remedies may be sought. If there is not a valid and enforceable contract,

then one should ask if a promise has been made in order to determine the appropriate

theory to use. If a promise has been made, then one may seek a remedy under the theory

of promissory estoppel. If a promise has not been made, then one may seek a remedy

under the theory of quasi-contract. If there might be a contract, but this is not certain,

then one may seek relief in the alternative (by requesting the court to determine if there is

a contract and, if so, to issue contract remedies; or, if not, to issue noncontract remedies).

Thus, even if no valid and enforceable contract exists, there is still the potential,

depending on the circumstances, for the injured party to seek remedies.

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July 1, 2023
    

Week 2 Discussions and Required Resources

Part 1 and Part 2 must be at least 150 - 200 words unless otherwise

Part 1: Graphical Analysis Techniques 

There are strengths and weaknesses to graphical analysis research techniques. For this discussion, begin by reviewing the technique of graphical analysis in your textbook. Then, keeping this technique in mind, read the following quotes:

· “Errors using inadequate data are much less than those using no data at all.”—Charles Babbage

· “Statistics is the science of variation.”—Douglas M. Bates (1985)

· “All models are wrong, but some models are useful.”—George E. P. Box (1979)

· The greatest moments are those when you see the result pop up in a graph or in your statistics analysis - that moment you realize you know something no one else does and you get the pleasure of thinking about how to tell them.—Emily Oster

https://www.goodreads.com/quotes/search?utf8=%E2%9C%93&q=statistics&commit=Search

Also consider the following ways to make a graph misleading from Misleading Graphs - http://passyworldofmathematics.com/misleading-graphs/ (Passy, 2012):

· “Vertical scale is too big or too small.

· Vertical axis skips numbers, or does not start at zero.

· Graph is not labeled properly.

· Graph does not have a title to explain what it is about.

· Data is left out.

· Scale not starting at zero.

· Scale made in very small units to make graph look very big.

· Scale values or labels missing from the graph.

· Incorrect scale placed on the graph.

· Pieces of a pie chart are not the correct sizes.

· Oversized volumes of objects that are too big for the vertical scale differences they represent.

· Size of images used in pictographs being different for the different categories being graphed.

· Graph being a non-standard size or shape.”

Based on the above quotes, along with this week’s assigned readings and Instructor Guidance, compare graphical analysis with quantitative analysis (a technique you explored last week), and discuss why graphical analysis is important in research. Finally, describe guidelines for using graphical tools to present information clearly and effectively.

Part 2: Examples of Graphical Analysis Techniques in Research

Locate an example of a research study that uses graphs and/or tables in its analysis. Explain what this statistical technique allows the researchers to accomplish and/or conclude in the study. Note: Graphic presentations are most often found in the Results section of a study. 

Required Resources

Text

Lind, D. A., Marchal, W. G., & Wathen, S. A. (2017). Statistical techniques in business and economics. (17th ed.). Retrieved from http://connect.mheducation.com/class/

The textbook is attached.

· Chapter 2: Describing Data: Frequency Tables, Frequency Distributions, and Graphic Presentation

· Chapter 4: Describing Data: Displaying and Exploring Data

Article

Passy. (2012, March 13). Misleading graphs . Retrieved from http://passyworldofmathematics.com/misleading-graphs/

· This article provides information about graph techniques often used by both advertisers and the media to mislead viewers. It will assist you in your Graphical Analysis Techniques discussion this week.

default image
July 1, 2023
    

Week 2 Discussions and Required Resources

Part 1 and Part 2 must be at least 150 - 200 words unless otherwise

Part 1: Graphical Analysis Techniques 

There are strengths and weaknesses to graphical analysis research techniques. For this discussion, begin by reviewing the technique of graphical analysis in your textbook. Then, keeping this technique in mind, read the following quotes:

· “Errors using inadequate data are much less than those using no data at all.”—Charles Babbage

· “Statistics is the science of variation.”—Douglas M. Bates (1985)

· “All models are wrong, but some models are useful.”—George E. P. Box (1979)

· The greatest moments are those when you see the result pop up in a graph or in your statistics analysis - that moment you realize you know something no one else does and you get the pleasure of thinking about how to tell them.—Emily Oster

https://www.goodreads.com/quotes/search?utf8=%E2%9C%93&q=statistics&commit=Search

Also consider the following ways to make a graph misleading from Misleading Graphs - http://passyworldofmathematics.com/misleading-graphs/ (Passy, 2012):

· “Vertical scale is too big or too small.

· Vertical axis skips numbers, or does not start at zero.

· Graph is not labeled properly.

· Graph does not have a title to explain what it is about.

· Data is left out.

· Scale not starting at zero.

· Scale made in very small units to make graph look very big.

· Scale values or labels missing from the graph.

· Incorrect scale placed on the graph.

· Pieces of a pie chart are not the correct sizes.

· Oversized volumes of objects that are too big for the vertical scale differences they represent.

· Size of images used in pictographs being different for the different categories being graphed.

· Graph being a non-standard size or shape.”

Based on the above quotes, along with this week’s assigned readings and Instructor Guidance, compare graphical analysis with quantitative analysis (a technique you explored last week), and discuss why graphical analysis is important in research. Finally, describe guidelines for using graphical tools to present information clearly and effectively.

Part 2: Examples of Graphical Analysis Techniques in Research

Locate an example of a research study that uses graphs and/or tables in its analysis. Explain what this statistical technique allows the researchers to accomplish and/or conclude in the study. Note: Graphic presentations are most often found in the Results section of a study. 

Required Resources

Text

Lind, D. A., Marchal, W. G., & Wathen, S. A. (2017). Statistical techniques in business and economics. (17th ed.). Retrieved from http://connect.mheducation.com/class/

The textbook is attached.

· Chapter 2: Describing Data: Frequency Tables, Frequency Distributions, and Graphic Presentation

· Chapter 4: Describing Data: Displaying and Exploring Data

Article

Passy. (2012, March 13). Misleading graphs . Retrieved from http://passyworldofmathematics.com/misleading-graphs/

· This article provides information about graph techniques often used by both advertisers and the media to mislead viewers. It will assist you in your Graphical Analysis Techniques discussion this week.

default image
July 1, 2023
    

Week 2 Discussions and Required Resources

Part 1 and Part 2 must be at least 150 - 200 words unless otherwise

Part 1: Graphical Analysis Techniques 

There are strengths and weaknesses to graphical analysis research techniques. For this discussion, begin by reviewing the technique of graphical analysis in your textbook. Then, keeping this technique in mind, read the following quotes:

· “Errors using inadequate data are much less than those using no data at all.”—Charles Babbage

· “Statistics is the science of variation.”—Douglas M. Bates (1985)

· “All models are wrong, but some models are useful.”—George E. P. Box (1979)

· The greatest moments are those when you see the result pop up in a graph or in your statistics analysis - that moment you realize you know something no one else does and you get the pleasure of thinking about how to tell them.—Emily Oster

https://www.goodreads.com/quotes/search?utf8=%E2%9C%93&q=statistics&commit=Search

Also consider the following ways to make a graph misleading from Misleading Graphs - http://passyworldofmathematics.com/misleading-graphs/ (Passy, 2012):

· “Vertical scale is too big or too small.

· Vertical axis skips numbers, or does not start at zero.

· Graph is not labeled properly.

· Graph does not have a title to explain what it is about.

· Data is left out.

· Scale not starting at zero.

· Scale made in very small units to make graph look very big.

· Scale values or labels missing from the graph.

· Incorrect scale placed on the graph.

· Pieces of a pie chart are not the correct sizes.

· Oversized volumes of objects that are too big for the vertical scale differences they represent.

· Size of images used in pictographs being different for the different categories being graphed.

· Graph being a non-standard size or shape.”

Based on the above quotes, along with this week’s assigned readings and Instructor Guidance, compare graphical analysis with quantitative analysis (a technique you explored last week), and discuss why graphical analysis is important in research. Finally, describe guidelines for using graphical tools to present information clearly and effectively.

Part 2: Examples of Graphical Analysis Techniques in Research

Locate an example of a research study that uses graphs and/or tables in its analysis. Explain what this statistical technique allows the researchers to accomplish and/or conclude in the study. Note: Graphic presentations are most often found in the Results section of a study. 

Required Resources

Text

Lind, D. A., Marchal, W. G., & Wathen, S. A. (2017). Statistical techniques in business and economics. (17th ed.). Retrieved from http://connect.mheducation.com/class/

The textbook is attached.

· Chapter 2: Describing Data: Frequency Tables, Frequency Distributions, and Graphic Presentation

· Chapter 4: Describing Data: Displaying and Exploring Data

Article

Passy. (2012, March 13). Misleading graphs . Retrieved from http://passyworldofmathematics.com/misleading-graphs/

· This article provides information about graph techniques often used by both advertisers and the media to mislead viewers. It will assist you in your Graphical Analysis Techniques discussion this week.

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