A Study On Zero Tolerance Policy

A Study On Zero Tolerance Policy There are hundreds if not thousands of students in any given school. The sheer size and magnitude of the student population encompassed in these schools leads to complications of school safety. Zero tolerance is a policy which was brought about enforcing school safety more firmly, and aimed to better protect students. However, the way in which these students are protected is highly debatable, making the zero tolerance ideology very controversial. Exactly which approach is most effective in protecting a student, let alone, thousands? Is strictness more effective than leniency? Overly strict policies aim to protect the majority, however, severally punish those who have to deal with the wrath of zero tolerance, those who violate the rules. Overly lenient policies can lead to dreadful events, however, give students a sense of reason, in turn creating an understanding of what they have done wrong. In the long run which method is most effective in protecting students? These type of questio ns, along with the excess amount of questionable cases, compose a highly controversial topic. The well being of a student is the single most important factor for public schools. No parent would ever send their child to school if there was a high probability of violence. For this reason there are people who favor zero tolerance. Domoine D. Rutledge, general counsel for the East Baton Rouge Parish School System in Louisiana, reports that zero tolerance policies have aided in creating a culture inside schools that certain things will not be tolerated, period. However, whether or not that policy is effective relies on how fairly its enforced and how consistently its enforced. He continues saying that: Schools districts have had to really balance the interest of the whole school, the student body, teachers and faculty . . . as well as the rights of individual bad actors. The ability to strike that balance, and to do it fairly, more than likely influences the effectiveness of the zero-tolerance policies. Whether or not zero tolerance is effective brings about more argumentative material. Statistical data reports a significant drop in school homicides following the 1999 school shooting at Columbine High School in Littleton, Colorado strongly suggesting, as Rutledge advocates, zero tolerance has in fact led to safer schools for students. (nces.ed.gov) Kay S. Hymowitz, a contributing editor for a magazine published by the conservative Manhattan Institute, stated that, The arrest of a pair of New Jersey 8-year-olds for pointing paper guns at classmates was just the kind of episode that leads people to question zero-tolerance policies. (Billitteri) Statements such as those insinuate a basis of anti-zero tolerance and further complicate the controversy. However it must be noted that, Its not so easy to distinguish the prankster from the wild-eyed adolescent with a [lethal] plan when lives are at stake, Hymowitz says. (Billitteri) How is one supposed to know the intentions of a giving situa tion? While the general consensus will no doubtingly agree that a pair of 8-year-olds pose little to no threat, on the slight chance of an event occurring, the questions of why werent they stopped or how could you assume will undeniably be asked, and in this sense, it is without a doubt better to assume the ugly and end up being wrong, than to assume no harm and end up with fatal consequences. Hymowitz continues, stating that, Zero tolerance may be more symptom than cure for the uneasy disciplinary climate of our schools. Certainly its no final answer to out-of-control 5-year-olds or revenge-crazed teenagers. But as the threats continue and the bombs and guns appear, its all weve got. (Billitteri) Bringing back the topic of effectiveness, those with the get-tough attitude witness no proof of zero tolerance policies creating a safer environment in schools. In fact, a decade of research on such policies by the American Psychological Association have concluded that zero tolerance can a ctually increase bad behavior and also lead to higher dropout rates. Schools are not any safer or more effective in disciplining children than before these zero-tolerance policies were implemented, the association said. (APA) There is much debate surrounding zero tolerance, however, the real problems arise when zero tolerance is set in motion. The question at hand to those who oppose zero tolerance falls into the legitimacy and fairness of punishment. In Newark, Delaware a 6 year old boy took a camping utensil which can be used as a knife, fork and spoon to school. Naturally anyone can safely assume there is no harm, however, Zachary Christie received 45 days in the districts reform school. (Urbina) In this case, the well being of the students surrounding Christie is thrown out of the window and it comes down to its consistency in being enforced. The boy clearly had no intention in causing harm, however, was treated as if he was. The only reason he was apprehended as a criminal was to set an example. Those who think to bring anything similar to school, be it a fork, a knife, or gun, will think back to Christie and decided not to. While this incident might seem like one of a kind, unfortunately, it is far from that. Zachary Christie is not alone, there are handfuls of cases which bring about much controversy over zero toler ance. During October of 1999 in Atlanta, Georgia a 15 year old South Cobb High School sophomore brought an unloaded gun to school. When school officials found the gun in his backpack he was immediately and permanently expelled from the school district. (Skiba 3) A sixth grader at Whitman Middle School in Seattle, Washington brought a squirt gun, painted black and brown to school during September of 1999. He was expelled after the gun fell out of his book bag during lunch. (Skiba 4) David Silverstein, a seventh grader in Glendale, Arizona, motivated by the film October Sky, brought a homemade rocket to school made out of a potato chip canister. Considered a weapon, school officials suspended him upon arrival. (Skiba 4) During May of 1999 in Pensacola, Florida a sophomore received a 10 day suspension and was threatened with expulsion after loaning her nail clippers to a friend temporarily. Quoted from the principal, Life goes on. You learn from your mistakes. We are recommending expul sion. (Skiba 4) On the morning of a late June day in 1998 two high school seniors in Pinellas County, Florida arrived to school and were immediately expelled. School officials were tipped off that the boys had skipped school and smoked marijuana with some friends. A federal appeals court ruled against the district, stating that the school had not even a scintilla of evidence that the two boys were under the influence at school. (Skiba 5) In February of 1999 in Ewing, New Jersey a freshman was accused of taking drugs and was asked to visit the school nurse to check his pulse and blood pressure. His suspicious behavior which forced this drug screen upon him was because he dozed off in his social studies class. The principal immediately suspended him after he refused to submit to a drug test. Eventually the boy was forced into taking a drug test as the principle declined to readmit him until he had done so. (Skiba 5) A sophomore at Westlake High School in February of 1999 was suspended for two full school weeks after he announced his French teacher was not fluent in the language during the schools morning announcements. School officials considered the comment as a verbal attack against the teacher in an attempt to justify their actions. (Skiba 6) These cases do nothing but illustrate the negative aspects of zero tolerance. However, one can see the argument for zero tolerance as any further actions were eliminated before they could occur. Even though, at what point are schools sending the wrong message, and ultimately, when will this wrong message be more detrimental to students? Another topic of discussion is the message zero tolerance sends to the students. Should the punishment fit the crime? Those in favor of zero tolerance tend to believe the only way to clarify right from wrong is to strictly enforce school policies, and consistently enforce them. While this without a doubt protects the students from possible threats, at the same time one can question whether or not this also sends a negative message. Punishing a student for a petty mistake with grave consequences instills fear among the student population and scares them into conformity. This is not a message students should be receiving. Treating those like Zachary Christie, to use as an example, can negatively affect their mental health. Its much more difficult for Christie to tell right from wrong, and in his mind, he has not done anything wrong, yet still received punishment. To Christie he got punished for nothing, which will affect his psychological wellbeing unconstructively. How will he learn f rom his mistake and how will he look at other things in life now that he has been severally punished for such a small and innocent act? He is 6 years old, he does not need to go through this. Another negative aspect of zero tolerance is that it hinders education. Students unnecessarily miss school to serve their punishment which also leads to future problems. Julia Steiny, a former member of the Providence School Board, reported that a kid [student] whos been suspended is statistically at high risk of dropping out of school. (Steiny) Supporting zero tolerance, Kay S. Hymowitz, a contributing editor for a magazine published by the conservative Manhattan Institute, wrote that Its not so easy to distinguish the prankster from the wild-eyed adolescent with a [lethal] plan when lives are at stake. (Billitteri) To school officials, the assumption of trusting a student who has made a mistake, or is joking around, is a much greater risk. One cannot truly know the intentions of a given situa tion, only can one assume what is going on. To those who are pro-zero tolerance, safety comes first, no matter how accomplished. Zero tolerance is a very intriguing topic simply because of the complexity behind it. Those in favor make incredibly compelling and persuasive arguments. However on the flip side, those who are against it make just as valid arguments. I believe there is too much information out there to be able to claim being on one extreme end of the spectrum, whether its for or against zero tolerance. While to some extent zero tolerance is effective, after going through the plethora amount of research, I ultimately believe zero tolerance is a hindrance and a negative aspect on school safety. Not ended, but rethought I believe zero tolerance needs to go through. While the core idea behind it, safety for every student, sounds great on paper, in practice, it has obviously failed. While there are not many, there are still several cases where small acts have led to obscene punishments, completely blown out of proportion. Another negative aspect of zero tolerance is that it sends the wrong message to stu dents. For these reasons, zero tolerance needs to end in public schools, and needs to be rethought. Works Cited American Psychological Association. Zero Tolerance Policies Are Not As Effective As Thought In Reducing Violence and Promoting Learning In School. APA Press Release. 9 Aug. 2006. Web. 10 Dec. 2009. . Billitteri, Thomas J. Discipline in Schools. CQ Press Electronic Library. 15 Feb. 2008. Web. 23 Nov. 2009. . Hymowitz, Kay S. Zero Tolerance Is Schools First Line of Defense. Manhattan Institute. Newsday, 18 Apr. 2001. Web. 10 Dec. 2009. . Indicators of School Crime and Safety: 2007 Executive Summary. National Center for Education Statistics (NCES) Home Page, a part of the U.S. Department of Education. Dec. 2007. Web. 11 Dec. 2009. . Steiny, Julia. Julia Steiny: Zero-tolerance policies in schools need to end. Rhode Island, Providence, news, sports, entertainment, ads | The Providence Journal. 31 Mar. 2009. Web. 23 Nov. 2009. . Trump, Ken. Zero Tolerance and School Safety. School Safety and School Security Experts: National School Safety and Security Services. Web. 23 Nov. 2009. . Skiba, Russell J. Zero Tolerance, Zero Evidence. Rep. Indiana University: Indiana Education Policy Center, 2009. Urbina, Ian. Its a Fork, Its a Spoon, Its a Weapon? The New York Times Breaking News, World News Multimedia. 11 Oct. 2009. Web. 23 Nov. 2009. .

Budget Management Analysis Essay

Cost variance is a way of showing the financial performance of a project. It is the mathematical difference between budgeted cost of work performed, and the actual cost of work performed. Both budgeting and forecasting are financial projections. Looking at the differences between forecasting and budgeting, forecasting is broad in scope and part of strategic planning whereas a budget is more specific and detailed, with expenditure heads specifically matched to sources of income. Cost variances may be either positive or negative figures. Negative figures happen if you spend more on a project than you allowed in your budget. Positive figures result if you spend less on a project than the budget predicted. Negative cost variance figures are almost always a bad thing for a business, as companies cannot always guarantee they can come up with the funds to cover the excess cost. However, positive cost variances are not always good for a company, either. For instance, if customer service or good quality parts are sacrificed for a positive variance, a business may not sell lose clients. Cost variance figures must be examined in the context of the business to determine the true impact those numbers will have. Managers use budget management analysis as a device to make sure that all resources available are being used efficiently. The budgets are determined yearly and are based upon the previous year’s budget and variances. Benchmarking gathers information of the performances and processes from similar organizations and compares the data to help with making improvements. Cost Variance in Budget Management Various strategies are used to control budgets; managers and the chief financial officer of most healthcare organizations have the tools needed to manage the budget. By managing the budget the organization will be better prepared for the financial forecasts, which are the company’s future expenses. Some strategies and tools that will assist with managing the budget are zero based, activity based, performance based, cost variances and benchmarking. Zero based budgeting analyzes every expense within an organization and justifies the need and cost of each. Activity based costing is the gathering of the operating cost data, which is assigned to specific activities such as engineering. The performance dashboard uses the metrics of performance and analyzes the root cause of financial problems. Cost variance analysis looks at the differences of the actual cost and expected cost of an expense. Motivating the staff and informing them of the budget goals is another strategy that may be used to help the organization succeed (Nayab, 2011). Expense Results The expense reports show the difference between the budget and the actual amount spent and the result is called the variance. Variances may be within the budget which is favorable, or over the budget which is unfavorable. The variance is used to predict the budget for upcoming years, help with spending during the current year, and help with evaluating the managers and their departments. To determine the cause of variances the managers must investigate and justify to upper management why the variance occurred. There are a variety reasons for variances, which must be identified and controlled if possible. While analyzing the nursing expense results from various units for a pay period, there were some favorable and unfavorable variances. While reviewing the expense record the paid productive hour’s variance was within the budget and the paid nonproductive hour’s variance was 60 hours over the budgeted hours. The unfavorable variance of paid nonproductive hours may have occurred due to some staff being on modified duty, sick leave, meeting time, or education time, which means they are getting paid with no patient care involved. The overtime percentage of hour’s variance was 7. 5% over the budget and the registry percentage of hour’s variance was 8. 0% over the budget, both are unfavorable. The overtime may have been caused by bad time management, late arrival of the next shift, or working past shift hours due to not enough staff. The increase in the registry hours may have been due to not enough regular staff due to hiring freeze or staff being off for personal or illness reasons. The hours per patient day (HPPD) licensed productive hours was . 13 over budget, the direct product hours was within budget, and the total productive hours was within budget. The hours per patient day over budget may have been caused by the unit being over staffed or also due to the overtime and registry hours. The average daily census (ADC) per unit varied from being within budget to 7. 50 over the budget. The daily census is very unpredictable and depends on the time of year, the admissions from ER or the clinic, and transfers from other hospitals or facilities. Strategies to keep the results aligned with expectations may be done by performance budgeting, which will analyze key areas such as staffing, cost control, increased productivity, and indirect and direct patient care. The activities affected by analyzing these performance areas would be daily staffing calculations, reduced cost to the unit, working more efficiently and better time management, patient care planning, and time spent on patient charting. Offering incentives could also be a good way to involve the staff by informing them of the budget goals. Benchmarking Benchmarking helps to identify performance gaps and identify where improvement is needed. â€Å"Benchmarking is used by large health systems and smaller practices alike as a tool to identify targets and set goals enabling staff to compare the operation’s service, process, and outcomes with those already attaining †best practice† goals† (Borglum, 2008). There are many benchmarking techniques; for the purpose of this paper three will be discussed, financial, performance, and operational. Financial benchmarking is performing a financial analysis and comparing the results in an effort to assess your overall competitiveness and productivity† (Cimasi, 2006). â€Å"[Financial benchmarking is among the more effective techniques for extracting information from a health care enterprise’s historical operating performance and presenting it in a form that facilitates informed judgments that help predict the subject entity’s future operating performance and financial condition]† (Cimasi, 2006). Performance benchmarking involves comparing the performance levels of organizations for a specific process, this information can then be used for identifying opportunities for improvement and/or setting performance targets† (Business Performance Improvement Resources, 2011). â€Å"Performance levels of other organizations are normally called benchmarks and the ideal benchmark is one that originates from an organization recognized as being a leader in the related area† (Business Performance Improvement Resources, 2011). [Performance benchmarking may involve the comparison of financial measures (such as expenditure, cost of labor, cost of buildings/equipment, cost of energy, adherence to budget, cash flow, revenue collected) or non-financial measures (such as absenteeism, staff turnover, the percentage of administrative staff to front-line staff, budget processing time, complaints, environmental impact or call center performance)]† (Business Performance Improvement R esources, 2011). Operational benchmarking embraces everything from staffing and productivity to office flow and analysis of procedures performed, this technique performs a comprehensive assessment considering different aspects of operational and business performance† (iCognitive, 2011). â€Å"Consequently, this model will help companies to improve from decision-making at the strategic level to implementations at the operational level† (iCognitive, 2011). These benchmarking choices were made based on the fact that all three techniques together will focus on the organization as a whole and not just one area, and might improve budget accuracy in future forecast. Covering finances, operation, and performance will incorporate every aspect of the budgets involved in the organization and give mangers the appropriate tools needed to justify and correct variances throughout the year and future years. Conclusion Strategies to manage budgets are used to maintain the actual cost predicted for budgets and to correct variances in cost. Variances may occur at any time, may be internal or external, and in most cases are correctable once investigated by the mangers. Benchmarking is used in strategic management and compares processes and performance to help improve organizations. The use of financial ratios and benchmarking is critical to understanding an entity’s overall historical performance and to the forecasting function of valuation analysis† (Cimasi, 2006). This paper has discussed specific strategies to manage budgets within forecast, compared five to seven expense results with budget expectations, described possible reasons for variances, gave strategies to keep results aligned with expectations, recommended three benchmarking techniques, and identified what might improve budget accuracy, and justified the choices made.

Steinberg V the Chicago Medical School

Steinberg v The Chicago Medical School Appellate Court of Illinois, First District, Third Division. Mejda, P. J. , and McGloon, J DEMPSEY, Justice: In December 1973 the plaintiff, Robert Steinberg, applied for admission to the defendant, the Chicago Medical School, as a first-year student for the academic year 1974–75 and paid an application fee of $15.The Chicago Medical School is a private, not-for-profit educational institution, incorporated in the State of Illinois. His application for admission was rejected and Steinberg filed a class action against the school, claiming that it had failed to evaluate his application and those of other applicants according to the academic entrance criteria printed in the school's bulletin.Specifically, his complaint alleged that the school's decision to accept or reject a particular applicant for the first-year class was primarily based on such nonacademic considerations as the *806 prospective student's familial relationship to members of the school's faculty and to members of its board of trustees, and the ability of the applicant or his family to pledge or make payment of large sums of money to the school.The complaint further alleged that by using such unpublished criteria to evaluate applicants the school had breached the contract, which Steinberg contended was created when the school accepted his application fee. In his prayer for relief Steinberg sought an injunction against the school prohibiting the continuation of such admission practices, and an accounting of all application fees, donations, contributions and other sums of money collected by the school from its applicants during a ten-year period prior to the filing of his suit.He did not ask the court to direct the school to admit him, to review his application or to return his fee. The defendant filed a motion to dismiss, arguing that the complaint failed to state a cause of action because no contract came into existence during its transaction with Stein berg inasmuch as the school's informational publication did not constitute a valid offer. The trial court sustained the motion to dismiss and Steinberg appeals from this order. The 1974–75 bulletin of the school, which was distributed to prospective students, epresented that the following criteria would be used by the school in determining whether applicants would be accepted as first-year medical students: ‘Students are selected on the basis of scholarship, character, and motivation without regard to race, creed, or sex. The student's potential for the study and practice of medicine will be evaluated on the basis of academic achievement, Medical College Admission Test results, personal appraisals by a pre-professional advisory committee or individual instructors, and the personal interview, if requested by the Committee on Admissions. In his four-count complaint Steinberg alleged, in addition to his claim that the school breached its contract (Count I), that the school 's practice of using selection standards which were not disclosed in the school's informational brochure, constituted a violation of the Consumer Fraud and Deceptive Business Practices Act (Ill. Rev. Stat. , **589 1973, ch. 121 1/2, par. 261, et seq. ) and of the Uniform Deceptive Trade Practices Act (Ill. Rev. Stat. , 1973, ch. 121 1/2, par. 311, et seq. ) (Count II); fraud (Count III), and unjust enrichment (Count IV).Since we are in accord with the trial court's decision that the complaint did not state a cause of action under Counts II, III and IV, we shall limit our discussion to Count I. A contract is an agreement between competent parties, based upon a consideration sufficient in law, to do or not do a particular thing. It is a promise or a set of promises for the breach of which the law gives a *807 remedy, or the performance of which the law in some way recognizes as a duty. Rynearson v. Odin-Svenson Development Corp. (1969), 108 Ill. App. 2d 125, 246 N. E. 2d 823.A contrac t's essential requirements are: competent parties, valid subject matter, legal consideration, mutuality of obligation and mutuality of agreement. Generally, parties may contract in any situation where there is no legal prohibition, since the law acts by restraint and not by conferring rights. Berry v. De Bruyn (1898), 77 Ill. App. 359. However, it is basic contract law that in order for a contract to be binding the terms of the contract must be reasonably certain and definite. Kraftco Corp v. Koblus (1971), 1 Ill. App. 3d 635, 274 N. E. 2d 153. A contract, in order to be legally binding, must be based on consideration. Wickstrom v.Vern E. Alden Co. (1968), 99 Ill. App. 2d 254, 240 N. E. 2d 401. Consideration has been defined to consist of some right, interest, profit or benefit accruing to one party or some forbearance, disadvantage, detriment, loss or responsibility given, suffered or undertaken by the other. Riddle v. La Salle National Bank (1962), 34 Ill. App. 2d 116, 180 N. E. 2 d 719. Money its a valuable consideration and its transfer or payment or promises to pay it or the benefit from the right to its use, will support a contract. In forming a contract, it is required that both parties assent to the same thing in the same sense (La Salle National Bank v.International Limited (1970), 129 Ill. App. 2d 381, 263 N. E. 2d 506) and that their minds meet on the essential terms and conditions. Richton v. Farina (1973), 14 Ill. App. 3d 697, 303 N. E. 2d 218. Furthermore, the mutual consent essential to the formation of a contract, must be gathered from the language employed by the parties or manifested by their words or acts. The intention of the parties gives character to the transaction and if either party contracts in good faith he is entitled to the benefit of his contract no matter what may have been the secret purpose or intention of the other party.Kelly v. Williams (1911), 162 Ill. App. 571. Steinberg contends that the Chicago Medical School's informatio nal brochure constituted an invitation to make an offer; that his subsequent application and the submission of his $15 fee to the school amounted to an offer; that the school's voluntary reception of his fee constituted an acceptance and because of these events a contract was created between the school and himself.He contends that the school was duty bound under the terms of the contract to evaluate his application according to its stated standards and that the deviation from these standards not only breached the contract, but amounted to an arbitrary selection which constituted a violation of due process and equal protection.He concludes that such a breach did in fact take place each and every time during the past ten years that the school evaluated applicants according to their *808 relationship to the school's faculty members or members of its board of trustees, or in accordance with their ability to make or pledge large sums of money to the school. Finally, he asserts that he is a member and a proper representative of the class that has been damaged by the school's practice. The school counters that no contract came into being because informational brochures, such as its bulletin, do not constitute **590 offers, but are onstrued by the courts to be general proposals to consider, examine and negotiate. The school points out that this doctrine has been specifically applied in Illinois to university informational publications. People ex rel. Tinkoff v. Northwestern University (1947), 333 Ill. App. 224, 77 N. E. 2d 345. In Tinkoff, a rejected applicant sued to force Northwestern to admit him, claiming that the university had violated the contract that arose when he demonstrated that he had met the school's academic entrance requirements and had submitted his application and fee.His primary contention was that the school's brochure was an offer and that his completion of the acts, required by the bulletin for application, constituted his acceptance. In rejectin g this argument, the court stated: ‘Plaintiffs complain Tinkoff, Jr. was denied the right to contract as guaranteed by the Illinois and United States constitutions. We need only say that he had no right to contract with the University. His right to contract for and pursue an education is limited by the right which the University has under its charter.We see no merit to plaintiff's contention that the rules and regulations were an offer of contract and his compliance therewith and acceptance giving rise to a binding contract. The wording of the bulletin required further action by the University in admitting Tinkoff, Jr. before a contract between them would arise. ‘ The court based its holding on the fact that Northwestern, as a private educational institution, had reserved in its State charter the right to reject any application for any reason it deemed adequate.Although the facts of the Tinkoff case are similar to the present situation, we believe that the defendant's re liance upon it is misplaced. First, Steinberg is not claiming that his submission of the application and the $15 constituted an acceptance by him; he is merely maintaining that it was an offer, which required the subsequent acceptance of the school to create a contract. Also, it is obvious that his assertion that the bulletin of the school only amounted to an invitation to make an offer, is consistent with the prevailing law and the school's own position.More importantly, Steinberg is not requesting that the school be ordered to admit him as a student, pursuant to the contract, but only that the school be prohibited from misleading prospective students by stating *809 in its informational literature, evaluation standards that are not subsequently used in the selection of students. Furthermore, the school does not allege, nor did it demonstrate by way of its bulletin or its charter that it had reserved the right to reject any applicant for any reason. It only stated certain narrow st andards by which each and every applicant was to be evaluated.In relation to the preceding argument, the school also maintains that the $15 application fee did not amount to a legal consideration, but only constituted a pre-contracting expense. Consequently, the school argues that as a matter of law the $15 is not recoverable as damage even if a contract was eventually entered into and breached. Chicago Coliseum Club v. Dempsey (1932), 265 Ill. App. 542. In the Dempsey case, boxing promoters incurred expenses and entered into several contracts that were necessary for the staging of a heavyweight championship fight.However, most of the contracts were entered into prior to signing Dempsey (the then heavywright champion) for the event. For example, approximately a week prior to Dempsey's signing, the plaintiff entered into a contract with a fighter named Wills, who was to be the champion's opponent. Dempsey signed a contract but later breached it, and the fight promoters sued him for e xpenses incurred by them under the Wills contract and under other contracts **591 which had been entered into by them in anticipation of the champion signing a contract and fulfilling his obligation thereunder.The court stated: ‘The general rule is that in an action for a breach of contract a party can recover only on damages which naturally flow from and are the result of the act complained of. . . . The Wills contract was entered into prior to the contract with the defendant and was not made contingent upon the plaintiff's obtaining a similar agreement with the defendant Dempsey. Under the circumstances the plaintiff speculated as to the result of his efforts to procure the Dempsey contract. . . Any obligations assumed by the plaintiff prior to that time (of contracting with Mr. Dempsey) are not chargeable to the defendant. ‘ The defendant's reliance on the Dempsey case is also misplaced. Although it is a leading case for the proposition that expenses incurred during p reliminary negotiations to procure a contract are not recoverable as damages, it has no relevance to the allegations of Steinberg's complaint. The defendant misconceives and misstates his position when it asserts that the Tinkoff and Dempsey cases ‘are completely ispositive of plaintiff's argument that the informational brochure constituted an ‘offer' to evaluate applicants solely on the basis of criteria set forth therein, and the submission of an application with the $15. 00 fee the ‘consideration' *810 binding that offer and effecting a consummated contract. ‘ He does not claim that the brochure was an offer and his submission of a fee an acceptance of that offer. To repeat, what he does claim is that the brochure was an invitation to make an offer; that his response was an offer, and that the school's retention of his fee was an acceptance of that offer.We agree with Steinberg's position. We believe that he and the school entered into an enforceable contr act; that the school's obligation under the contract was stated in the school's bulletin in a definitive the school's stated criteria. application fee–a valuable consideration–the school bound itself to fulfill its promises. Steinberg accepted the school's promises in good faith and he was entitled to have his application judged according to the school's stated creiteria.The school argues that he should not be allowed to recover because his complaint did not state a causal connection between the rejection of his application and the school's alleged use of unpublished evaluation criteria. It points out that there is an equal probability that his application was rejected for failing to meet the stated standards, and since the cause of his damages is left to conjecture they may be attributed as easily to a condition for which there is no liability as to one for which there is. This argument focuses on the wrong point.Once again, Steinberg did not allege that he was damage d when the school rejected his application. He alleged that he was damaged when the school used evaluation criteria other than those published in the school's bulletin. This ultimate, well-pleaded allegation was admitted by the school's motion to dismiss. Logan v. Presbyterian-St. Luke's Hospital (1968), 92 Ill. App. 2d 68, 235 N. E. 2d 851. The primary purpose of pleadings is to inform the opposite party and the court of the nature of the action and the facts on which it is based.The Civil Practice Act of Illinois provides that pleadings shall be liberally construed to the end that controversies may be settled on their merits. Jorgensen v. Baker (1959), 21 Ill. App. 2d 196, 157 N. E. 2d 773; Ill. Rev. Stat. , 1973, ch. 110, par. 33(3). Therefore, a cause of action should not be dismissed unless it clearly appears that no set of facts can be proven under the pleadings which will entitle the plaintiff to recover. **592 Herman v. Prudence Mutual Casualty Co. (1968), 92 Ill. App. 2d 22 2, 235 N.E. 2d 346. Additionally, a complaint will not be dismissed for failure to state a cause of action if the facts essential to its claim appear by reasonable implication. Johnson v. Illini Mutual Insurance Co. (1958), 18 Ill. App. 2d 211, 151 N. E. 2d 634. A complaint is not required to make out a case which will entitle the plaintiff to all of the sought-after relief, but it need only raise a fair question as to the existence of the right. People ex rel. Clark v. McCurdie (1966), 75 Ill. App. 2d 217, 220 N. E. 2d 318.Count I of Steinberg's complaint stated a valid cause of action, and the portion of the trial court's order dismissing that count will be reversed and remanded. Alternatively, the school asserts that if Steinberg is entitled to recover, the recovery should be limited to $15 because he is not a proper representative of the class of applicants that was supposed to be damaged by the school's use of unpublished entrance standards. Fundamentally, it argues that it had no contract with Steinberg and since he does not have a cause of action, he cannot represent a class of people who may have similar claims.We have found, however, that he does have a cause of action. The primary test for the validity of a class action is whether the members of the class have a community of interest in the subject matter and the remedy. Smyth v. Kaspar American State Bank (1956), 9 Ill. 2d 27, 136 N. E. 2d 796. Even if the wrongs were suffered in unrelated transactions, a class action may stand as long as there are common factual and legal issues. Gaffney v. Shell Oil Co. (1974), 19 Ill. App. 3d 987, 312 N.E. 2d 753. The legal issue in this case would be the same as to each member of the class, and the factual issue–the amount payed by each member, an application fee of $15– identical. Steinberg alleged that in applying for admission to the school, each member of the class assumed that the school would use the selection factors set out in its 1974†“75 bulletin, and that admission fees were paid and contracts created, but that each contract we breached in the same manner as his.This allegation established a community of interest between him and the other members of the class in terms of subject matter and remedy, and since he has a valid cause of action against the school, the class has also. He is a proper representative of the class and his suit is a proper vehicle to resolve the common factual and legal issues involved even though the members of the class suffered damage in separate transactions. However, the class action cannot be as extensive as Steinberg's complaint requested.Recovery cannot be had by everyone who applied to the medical school during the ten years prior to the filing of his complaint. His action was predicated on standards described in the school's 1974–75 brochure; therefore, the class to be represented is restricted to those applicants who sought admission in reliance on the standards in that brochure. We agree with the school's contention that a State through its courts does not have the authority to interfere with the power of the trustees of a private medical school to make rules concerning the admission of students.The requirement in the case of public schools, applicable because they belong to the public, that admission regulations *812 must be reasonable is not pertinent in the case of a private school or university. 33 I. L. P. Schools, s 312. We also agree that using unpublished entrance requirements would not violate an applicant's right to due process and equal protection of law. The provisions of the due process clause of the Federal constitution are inhibitions upon the power of government and not upon the freedom of action of private individuals. 16 Am.Jur. 2d, **593 Constitutional Law, sec. 557. The equal protection clause of the 14th Amendment does not prohibit the individual invasion of individual rights. Gilmore v. City of Montgomery (1974), 417 U. S. 55 6, 94 S. Ct. 2416, 41 L. Ed. 2d 304. The order dismissing Counts II, III and IV is affirmed. The order dismissing Count I is reversed. The cause is remanded for further proceedings not inconsistent with the views expressed in this opinion. Affirmed in part; reversed in part and remanded with directions. MEJDA, P. J. , and McGLOON, J. , concur.

Aristotle s Philosophy As A Way Of Life Essay - 2134 Words

III. As Pierre Hadot states in Philosophy as A Way of Life, â€Å"The Platonic sage would raise themselves by the life of their mind, which the Aristotelian sages raise themselves to the realm of the divine mind†. Although Aristotle does not address sagacity directly in any of his major works, in one recovered excerpt of Prorepticus, Aristotle begs the question: â€Å"what more accurate stand or measure of good things do we have than the sage [?]† in a work encouraging young people to study philosophy. As this is the only direct account of Aristotle speaking of the sage, it can be incurred that his construction of the archetype is in alignment with the sage as a virtuous person, or more Aristotelian specific, someone who demonstrates the intellectual virtues. With regard to whether the intellectual virtues are natural, Aristotle says that except for theoretical wisdom (Sophia), the intellectual virtues are â€Å"natural endowments,† and â€Å"we do think that men have good sense (gnome), understanding (synesis), and intelligence (nous) by nature†. He also immediately adds that the intellectual virtues are learned by maturing through various stages of life, whilst reminding us that â€Å"human nature is the cause†. Thus, the best conclusion here is that the intellectual virtues are a combination of nature and learning, while the moral virtues, except for phronesis, that shapes them, are all learned. Aristotle concludes that his particular discussion on a very profound note: we should consider theShow MoreRelatedAristotle s Realism Philosophy And Philosophy1590 Words   |  7 PagesAristotle’s Realism Philosophy Realism is an educational philosophy; furthermore it is a teaching that stresses knowledge that develops from one s own senses.in my opinion this is great idea for educational philosphy, because it shows that sense deveolpement is the realest possible learning to have. Under this philosophy the idea exists that there is a real world not constructed by human minds, that can be known by one s own mind. It is through experiencing the world around everyone in whichRead MoreAncient Greek Philosophers Who Have Helped Shape The World1350 Words   |  6 Pagestwenty centuries ago, Greek philosopher Aristotle laid out the foundations of Western culture. The principles of Greek philosophy implemented its way into encompassing a persons point of view or their knowledge on society. 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