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Thursday, February 18, 2016

CONSERVATORSHIP LAWS IN ELDERLY OR OLDER PEOPLE HELP AND ADULT PSYCHIATRY 1


THE IS SHARED ONLINE JOURNAL.

 

                                                                                               AUTHOR.MR.FELIX ATI-JOHN

 

ACADEMIC WRITING

                    

SUBJECT -   CONSERVATORHIP LAWS IN ELDERLY OR OLDER PEOPLE HELP

AND ADULT  PSYCHIATRY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCOPE OF THIS ACADEMIC WRITING

A-SOLVING A SPECIFIC PROBLEM

B-ACADEMIC WRITING TO THE LEARNING OF A DISCIPLINE SUCH AS EDUCATION OR SOCIAL WORK

C-GOVERNMENT POLICY SUCH OF WELFARE OR HEALTH POLICY

THIS RESEARCH PAPER BECOMES NECESSARY PURSUANT OF PROFESSIONAL OBLIGATIONS AND EXPRESSIONS WITH  RESPECT  OF SOCIAL CONFORMS AND THE INTERNATIONAL LAW,

THIS WORK IS TITLED CONSERVATORHIP LAWS IN ELDERLY OR OLDER PEOPLES HELP

AND ADULT  PSYCHIATRY

.

 

 

 

 

 

 

CONCURRENT VALIDITY

TO BE ABLE TO WRITE THIS WORK,A REVIEW STUDY WAS MADE AND THESE BEING OF THE HOSPITAL,ELDERLY CARE NURSING HOME AND ALSO THE TEACHING HOSPITAL AND  TO COMPOSE THIS WRITING ,THE PROCEDURAL MEASURES  OF LAW ORDER TO AND FOR CONSERVATORSHIP IN A COURT IN FRANFURT AM MAIN GERMANY IN THE EUROPEAN UNION  WAS MADE  IN AN APPLICATION  BY THE AUTHOR OF THIS  TRANSLATIONAL   RESEARCH WORK,USED HEREIN IN PLACE OF COPYRIGHTS INFRINGMENT,PATENTS AND OTHERS.

A VISIT TO THE PSYCHIATRY HOSPITAL WIEL MUENSTER GERMANY IN THE EUROPEAN UNION  WAS ALSO MADE PURSUANT OF THIS ACADEMIC WRITING

THOUGH THE TITLE OF THIS WORK IS CONSERVATORHIP LAWS IN ELDERLY OR OLDER PEOPLES HELP

AND ADULT  PSYCHIATRY

  ,BUT THE ASPECT OF THIS WRITING  COVERS ALSO  USING OF FIX BELTS IN A HEALTH FACILITY ON CLIENTS SAID TO BE GRAVELY DISABLED BUT HAVING THE RIGHT OF OCCUPANCY IN A HEALTH FACILITY.

AUTORING AND PUBLISHING  VALIDITY  OF HEALTH FACILITY WAS MADE,AND OF THE CATEGORY OF HOSPITAL AND ELDERLY CARE NURSING HOME AND THE TEACHING HOSPITAL BY THE AUTHOR

THIS  LITERARY COMPOSTION IS THE WORK  OF AND IS MADE BY MR:FELIX ATI-JOHN FOR  THE  PURPOSE AND IS AN ACADEMIC WRITING,RESEARCH AND HEALTH PROFESSIONAL PUBLICATION

 

COPIES OF DOCUMENTS ATTACHED-

AMTS GERICHT  DOCUMNETS

EMPLOYERS WITNESS CERTIFICATE

OTHER PROFESSIONAL CERTIFICATION

 

 

 

 

 

 

 

 

 THIS ACADEMIC WRITING AND CONTENTS WORKS FROM THE WIKIPEDIA LIBRARY,THE GERMAN         

                                              COURT AND THE AUTHOR RESEARCH EVALUATION.





Systematic review

From Wikipedia, the free encyclopedia
Jump to: navigation, search
For the academic journal, see Systematic Reviews.


This diagram illustrates in a visual way and in plain language what review authors actually do in the process of undertaking a systematic review.
A systematic review is a form of literature review that collects and looks at multiple studies. A review is usually quicker and more cost efficient than embarking on a new study. Researchers use methods that are determined before they begin to frame one or more questions, then they find and analyse, the studies that relate to that question.[1] Systematic reviews of randomized controlled trials are crucial to evidence-based medicine.[2]
An understanding of systematic reviews, and how to implement them in practice, is becoming mandatory for all professionals involved in the delivery of health care. Besides health interventions, systematic reviews may concern clinical tests, public health interventions, social interventions, adverse effects, and economic evaluations.[3][4] Systematic reviews are not limited to medicine and are quite common in all other sciences where data are collected, published in the literature, and an assessment of methodological quality for a precisely defined subject would be helpful.[5]


Characteristics[edit]

A systematic review aims to provide an exhaustive summary of current literature relevant to a research question. The first step of a systematic review is a thorough search of the literature for relevant papers. The Methodology section of the review will list the databases and citation indexes searched, such as Web of Science, Embase, and PubMed, as well as any hand-searched individual journals. Next, the titles and the abstracts of the identified articles are checked against pre-determined criteria for eligibility and relevance. This list will always depend on the research problem. Each included study may be assigned an objective assessment of methodological quality preferably using a method conforming to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) statement (the current guideline)[6] or the high quality standards of Cochrane collaboration.[7]
Systematic reviews often, but not always, use statistical techniques (meta-analysis) to combine results of the eligible studies, or at least use scoring of the levels of evidence depending on the methodology used. An additional rater may be consulted to resolve any scoring differences between raters.[5] Systematic review is often applied in the biomedical or healthcare context, but it can be applied in any field of research. Groups like the Campbell Collaboration are promoting the use of systematic reviews in policy-making beyond just healthcare.
A systematic review uses an objective and transparent approach for research synthesis, with the aim of minimizing bias. While many systematic reviews are based on an explicit quantitative meta-analysis of available data, there are also qualitative reviews which adhere to standards for gathering, analyzing and reporting evidence.[8] The EPPI-Centre has been influential in developing methods for combining both qualitative and quantitative research in systematic reviews.[9] The PRISMA statement[10] suggests a standardized way to ensure a transparent and complete reporting of systematic reviews, and is now required for this kind of research by more than 170 medical journals worldwide.[11]
Recent developments in systematic reviews include realist reviews,[12] and the meta-narrative approach.[13][14] These approaches try to overcome the problems of methodological and epistemological heterogeneity in the diverse literatures existing on some subjects.

Cochrane Collaboration[edit]

The Cochrane Collaboration is a group of over 31,000 specialists in healthcare who systematically review randomised trials of the effects of prevention, treatments and rehabilitation as well as health systems interventions. When appropriate, they also include the results of other types of research. Cochrane Reviews are published in The Cochrane Database of Systematic Reviews section of the Cochrane Library. The 2010 impact factor for The Cochrane Database of Systematic Reviews was 6.186, and it was ranked 10th in the “Medicine, General & Internal” category.[15] There are six types of Cochrane Review:[16][17][18][19]
  1. Intervention reviews assess the benefits and harms of interventions used in healthcare and health policy.
  2. Diagnostic test accuracy reviews assess how well a diagnostic test performs in diagnosing and detecting a particular disease.
  3. Methodology reviews address issues relevant to how systematic reviews and clinical trials are conducted and reported.
  4. Qualitative reviews synthesize qualitative and quantitative evidence to address questions on aspects other than effectiveness.[8]
  5. Prognosis reviews address the probable course or future outcome(s) of people with a health problem.
  6. Overviews of Systematic Reviews (OoRs) are a new type of study in order to compile multiple evidence from systematic reviews into a single document that is accessible and useful to serve as a friendly front end for the Cochrane Collaboration with regard to healthcare decision-making.
The Cochrane Collaboration provides a handbook for systematic reviewers of interventions which "provides guidance to authors for the preparation of Cochrane Intervention reviews."[20] The Cochrane Handbook outlines eight general steps for preparing a systematic review:[20]
  1. Defining the review question(s) and developing criteria for including studies
  2. Searching for studies
  3. Selecting studies and collecting data
  4. Assessing risk of bias in included studies
  5. Analysing data and undertaking meta-analyses
  6. Addressing reporting biases
  7. Presenting results and "summary of findings" tables
  8. Interpreting results and drawing conclusions
The Cochrane Handbook forms the basis of two sets of standards for the conduct and reporting of Cochrane Intervention Reviews (MECIR - Methodological Expectations of Cochrane Intervention Reviews)[21]

Strengths and weaknesses[edit]

While systematic reviews are regarded as the strongest form of medical evidence, a review of 300 studies found that not all systematic reviews were equally reliable, and that their reporting can be improved by a universally agreed upon set of standards and guidelines.[22] A further study by the same group found that of 100 systematic reviews monitored, 7% needed updating at the time of publication, another 4% within a year, and another 11% within 2 years; this figure was higher in rapidly changing fields of medicine, especially cardiovascular medicine.[23] A 2003 study suggested that extending searches beyond major databases, perhaps into grey literature, would increase the effectiveness of reviews.[24]
Roberts and colleagues highlighted the problems with systematic reviews, particularly those conducted by the Cochrane Collaboration, noting that published reviews are often biased, out of date and excessively long.[25] They criticized Cochrane reviews as not being sufficiently critical in the selection of trials and including too many of low quality. They proposed several solutions, including limiting studies in meta-analyses and reviews to registered clinical trials, requiring that original data be made available for statistical checking (a proposal that had been previously made by other researchers[26]), paying greater attention to sample size estimates, and eliminating dependence on only published data.
Some of these difficulties were noted early on as described by Altman: "much poor research arises because researchers feel compelled for career reasons to carry out research that they are ill equipped to perform, and nobody stops them."[27] Methodological limitations of meta-analysis have also been noted.[28] Another concern is that the methods used to conduct a systematic review are sometimes changed once researchers see the available trials they are going to include.[29] Bloggers have described retractions of systematic reviews and published reports of studies included in published systematic reviews.[30][31][32]
Systematic reviews are increasingly prevalent in other fields, such as international development research.[33] Subsequently, a number of donors – most notably the UK Department for International Development (DFID) and AusAid – are focusing more attention and resources on testing the appropriateness of systematic reviews in assessing the impacts of development and humanitarian interventions.[33]

See also[edit]

References[edit]

  1. Jump up ^ "systematic review". GET-IT glossary. Retrieved 18 November 2015. 
  2. Jump up ^ "What is EBM?". Centre for Evidence Based Medicine. 2009-11-20. Archived from the original on 2011-04-06. Retrieved 2011-06-17. 
  3. Jump up ^ Systematic reviews: CRD's guidance for undertaking reviews in health care. York: University of York, Centre for Reviews and Dissemination, 2008. ISBN 978-1-900640-47-3. Retrieved 2011-06-17.[page needed]
  4. Jump up ^ Petticrew M, Roberts H. Systematic reviews in the social sciences. Wiley Blackwell, 2006.
  5. ^ Jump up to: a b Herman J. Ader; Gideon J. Mellenbergh; David J. Hand (2008). "Methodological quality". Advising on Research Methods: A consultant's companion. Johannes van Kessel Publishing. ISBN 978-90-79418-02-2. [page needed]
  6. Jump up ^ "PRISMA". Prisma-statement.org. Retrieved 2013-08-29. 
  7. Jump up ^ "Cochrane Handbook for Systematic Reviews of Interventions". Handbook.cochrane.org. Retrieved 2013-08-29. 
  8. ^ Jump up to: a b Bearman, Margaret; Dawson, Phillip. "Qualitative synthesis and systematic review in health professions education". Medical Education 47 (3): 252–260. doi:10.1111/medu.12092. 
  9. Jump up ^ Thomas, J.; Harden, A; Oakley, A; Oliver, S; Sutcliffe, K; Rees, R; Brunton, G; Kavanagh, J (2004). "Integrating qualitative research with trials in systematic reviews". BMJ 328 (7446): 1010–2. doi:10.1136/bmj.328.7446.1010. PMC 404509. PMID 15105329. 
  10. Jump up ^ Liberati, Alessandro; Altman, Douglas G.; Tetzlaff, Jennifer; Mulrow, Cynthia; Gøtzsche, Peter C.; Ioannidis, John P. A.; Clarke, Mike; Devereaux, P. J.; et al. (2009). "The PRISMA Statement for Reporting Systematic Reviews and Meta-Analyses of Studies That Evaluate Health Care Interventions: Explanation and Elaboration". PLoS Medicine 6 (7): e1000100. doi:10.1371/journal.pmed.1000100. PMC 2707010. PMID 19621070. 
  11. Jump up ^ Endorsing PRISMA. http://www.prisma-statement.org/endorsers.htm.
  12. Jump up ^ Pawson, R.; Greenhalgh, T.; Harvey, G.; Walshe, K. (2005). "Realist review - a new method of systematic review designed for complex policy interventions". Journal of Health Services Research & Policy 10: 21–34. doi:10.1258/1355819054308530. 
  13. Jump up ^ MacFarlane, Fraser; Kyriakidou, Olivia; Bate, Paul; Peacock, Richard; Greenhalgh, Trisha (2005). Diffusion of Innovations in Health Service Organisations: A Systematic Literature. Studies in Urban and Social Change. Blackwell Publishing Professional. ISBN 0-7279-1869-9. [page needed]
  14. Jump up ^ Greenhalgh, Trisha; Potts, Henry W.W.; Wong, Geoff; Bark, Pippa; Swinglehurst, Deborah (2009). "Tensions and Paradoxes in Electronic Patient Record Research: A Systematic Literature Review Using the Meta-narrative Method". Milbank Quarterly 87 (4): 729–88. doi:10.1111/j.1468-0009.2009.00578.x. JSTOR 25593645. PMC 2888022. PMID 20021585. 
  15. Jump up ^ The Cochrane Library. 2010 impact factor. Cochrane Database of Systematic Reviews (CDSR). Frequently asked questions. Retrieved 2011-07-01.
  16. Jump up ^ Review Manager (RevMan) [Computer program]. Version 5.2. Copenhagen: The Nordic Cochrane Centre, The Cochrane Collaboration, 2012.
  17. Jump up ^ The Cochrane Library
  18. Jump up ^ Silva V, Grande AJ, Carvalho AP, Martimbianco AL, Riera R (2014). "Overview of systematic reviews - a new type of study. Part II". Sao Paulo Med J. 133: 206–217. doi:10.1590/1516-3180.2013.8150015. 
  19. Jump up ^ Silva V, Grande AJ, Martimbianco AL, Riera R, Carvalho AP (2012). "Overview of systematic reviews - a new type of study. part I: why and for whom?". Sao Paulo Med J. 130 (6): 398–404. doi:10.1590/S1516-31802012000600007%20. 
  20. ^ Jump up to: a b Higgins JPT, Green S (editors). Cochrane handbook for systematic reviews of interventions, version 5.1.0 (updated March 2011). The Cochrane Collaboration, 2011. Retrieved 2011-06-17.
  21. Jump up ^ "Methodological Expectations of Cochrane Intervention Reviews (MECIR)". Retrieved 6 October 2014. 
  22. Jump up ^ Moher, David; Tetzlaff, Jennifer; Tricco, Andrea C.; Sampson, Margaret; Altman, Douglas G. (2007). "Epidemiology and Reporting Characteristics of Systematic Reviews". PLoS Medicine 4 (3): e78. doi:10.1371/journal.pmed.0040078. PMC 1831728. PMID 17388659. 
  23. Jump up ^ Shojania, Kaveh G.; Sampson, Margaret; Ansari, Mohammed T.; Ji, Jun; Doucette, Steve; Moher, David (2007). "How Quickly Do Systematic Reviews Go Out of Date? A Survival Analysis". Annals of Internal Medicine 147 (4): 224–33. doi:10.7326/0003-4819-147-4-200708210-00179. PMID 17638714. 
  24. Jump up ^ Savoie, Isabelle; Helmer, Diane; Green, Carolyn J.; Kazanjian, Arminée (2003). "Beyond Medline: reducing bias through extended systematic review search". International Journal of Technology Assessment in Health Care 19 (1): 168–78. doi:10.1017/S0266462303000163. PMID 12701949. 
  25. Jump up ^ Roberts, I; Ker, K; Edwards, P; Beecher, D; Manno, D; Sydenham, E (3 June 2015). "The knowledge system underpinning healthcare is not fit for purpose and must change.". BMJ (Clinical research ed.) 350: h2463. doi:10.1136/bmj.h2463. PMID 26041754. 
  26. Jump up ^ Masters, Ken (Dec 2014). "A new level of evidence: Systematic literature reviews (SLRs) with meta-analyses of directly-accessed data ("MA of DAD")". Medical Teacher 36 (12): 1080–1081. doi:10.3109/0142159x.2014.916790. PMID 24804915. 
  27. Jump up ^ Altman, DG (29 January 1994). "The scandal of poor medical research.". BMJ (Clinical research ed.) 308 (6924): 283–4. doi:10.1136/bmj.308.6924.283. PMID 8124111. 
  28. Jump up ^ Shapiro, S (1 November 1994). "Meta-analysis/Shmeta-analysis.". American Journal of Epidemiology 140 (9): 771–8. PMID 7977286. 
  29. Jump up ^ Page, MJ; McKenzie, JE; Kirkham, J; Dwan, K; Kramer, S; Green, S; Forbes, A (Oct 1, 2014). "Bias due to selective inclusion and reporting of outcomes and analyses in systematic reviews of randomised trials of healthcare interventions.". The Cochrane database of systematic reviews 10: MR000035. doi:10.1002/14651858.MR000035.pub2. PMID 25271098. 
  30. Jump up ^ "Retraction Of Scientific Papers For Fraud Or Bias Is Just The Tip Of The Iceberg". IFL Science!. Retrieved 29 June 2015. 
  31. Jump up ^ "Retraction and republication for Lancet Resp Med tracheostomy paper". Retraction Watch. Retrieved 29 June 2015. 
  32. Jump up ^ "BioMed Central retracting 43 papers for fake peer review". Retraction Watch. 
  33. ^ Jump up to: a b Hagen-Zanker, Jessica; Duvendack, Maren; Mallett, Richard; Slater, Rachel; Carpenter, Samuel; Tromme, Mathieu (January 2012). "Making systematic reviews work for international development research". Overseas Development Institute. 

External links[edit]

Library resources about
systematic review
Wikimedia Commons has media related to Systematic review.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Systematic_review&oldid=704323917"







Nuisance

From Wikipedia, the free encyclopedia
Jump to: navigation, search
For the 1921 film, see The Nuisance. For statistics, see Nuisance parameter.
Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as,
"an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects".[1]
Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a degree that a tort is being committed.


Definition[edit]

Part of the common law series
Tort law
Intentional torts
Property torts
Defenses
Negligence
Liability torts
Nuisance
Dignitary torts
Economic torts
Liability and remedies
Duty to visitors
Other common law areas
Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn't include visitors or those who aren't considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.
Legally, the term nuisance is traditionally used in three ways:
  1. to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney)
  2. to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors)
  3. to describe a legal liability that arises from the combination of the two.[2] However, the "interference" was not the result of a neighbor stealing land or trespassing on the land. Instead, it arose from activities taking place on another person's land that affected the enjoyment of that land.[3]
The law of nuisance was created to stop such bothersome activities or conduct when they unreasonably interfered either with the rights of other private landowners (i.e., private nuisance) or with the rights of the general public (i.e., public nuisance)
A public nuisance is an unreasonable interference with the public's right to property. It includes conduct that interferes with public health, safety, peace or convenience. The unreasonableness may be evidenced by statute, or by the nature of the act, including how long, and how bad, the effects of the activity may be.[4]
A private nuisance is simply a violation of one's use of quiet enjoyment of land. It doesn't include trespass.[5]
To be a nuisance, the level of interference must rise above the merely aesthetic. For example: if your neighbour paints their house purple, it may offend you; however, it doesn't rise to the level of nuisance. In most cases, normal uses of a property that can constitute quiet enjoyment cannot be restrained in nuisance either. For example, the sound of a crying baby may be annoying, but it is an expected part of quiet enjoyment of property and does not constitute a nuisance.
Any affected property owner has standing to sue for a private nuisance. If a nuisance is widespread enough, but yet has a public purpose, it is often treated at law as a public nuisance. Owners of interests in real property (whether owners, lessors, or holders of an easement or other interest) have standing only to bring private nuisance suits.

History and legal development of nuisance[edit]

In the late 19th and early 20th centuries, the law of nuisance became difficult to administer, as competing property uses often posed a nuisance to each other, and the cost of litigation to settle the issue grew prohibitive. As such, most jurisdictions now have a system of land use planning (e.g. zoning) that describes what activities are acceptable in a given location. Zoning generally overrules nuisance. For example: if a factory is operating in an industrial zone, neighbours in the neighbouring residential zone can't make a claim in nuisance. Jurisdictions without zoning laws essentially leave land use to be determined by the laws concerning nuisance.
Similarly, modern environmental laws are an adaptation of the doctrine of nuisance to modern complex societies, in that a person's use of his property may harmfully affect another's property, or person, far from the nuisance activity, and from causes not easily integrated into historic understandings of nuisance law.

Remedies[edit]

Under the common law, the only remedy for a nuisance was the payment of damages. However, with the development of the courts of equity, the remedy of an injunction became available to prevent a defendant from repeating the activity that caused the nuisance, and specifying punishment for contempt if the defendant is in breach of such an injunction.
The law and economics movement has been involved in analyzing the most efficient choice of remedies given the circumstances of the nuisance. In Boomer v. Atlantic Cement Co. a cement plant interfered with a number of neighbors, yet the cost of complying with a full injunction would have been far more than a fair value of the cost to the plaintiffs of continuation. The New York court allowed the cement plant owner to 'purchase' the injunction for a specified amount—the permanent damages. In theory, the permanent damage amount should be the net present value of all future damages suffered by the plaintiff.

Inspector of Nuisances[edit]

An Inspector of Nuisances was the title of an office in several English-speaking jurisdictions. In many jurisdictions this term is now archaic, the position and/or term having been replaced by others. In medieval England it was an office of the Courts Leet and later it was also a parochial office concerned with local action against a wide range of 'nuisances' under the common law: obstructions of the highway, polluted wells, adulterated food, smoke, noise, smelly accumulations, eavesdropping, peeping toms, lewd behaviour, and many others. In the United Kingdom from the mid- 19th century this office became associated with solving public health and sanitation problems, with other types of nuisances being dealt with by the local constables.
The first Inspector of Nuisances appointed by a UK local authority Health Committee was Thomas Fresh in Liverpool in 1844. Liverpool later promoted a private Act, the Liverpool Sanatory (sic) Act 1846, that created a statutory post of Inspector of Nuisances. This became the precedent for later local and national legislation. In local authorities that had established a Board of Health under the Public Health Act 1848, or under local Acts implementing the Towns Improvement Clauses Act of 1847, the title was 'Inspector of Nuisances'. The 1855 Nuisances Removal and Diseases Prevention Act and the Metropolis Management Act 1855 (via section 134) mandated such an office but with the title of 'Sanitary Inspector'. So in some places the title was 'Sanitary Inspector' and in others 'Inspector of Nuisances'. Eventually the title was standardized across all UK local authorities as 'Sanitary Inspector'. An Act of Parliament in 1956 changed the title to 'Public Health Inspector'. Similar offices were established across the British Commonwealth and Empire.
The nearest modern equivalent of this position in the UK is the Environmental Health Officer. This title being adopted by local authorities on the recommendation of Central Government after the Local Government Act 1972. Today, Registered UK Environmental Health Officers working in non-enforcement roles (e.g. in the private sector) may prefer to use the generic term 'Environmental Health Practitioner'.
In the United States, a modern example of an officer with the title 'Inspector of Nuisances' but not the public health role is found in Section 3767[7] of the Ohio Revised Code which defines such a position to investigate nuisances, where this term broadly covers establishments in which lewdness and alcohol are found. Whereas in the United States the environmental health officer role is undertaken by local authority officers with the titles 'Registered Environmental Health Specialist' or 'Registered Sanitarian' depending on the jurisdiction.

Law related to nuisance, by country[edit]

United Kingdom[edit]

Main article: Nuisance in English law
The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy of the University of Manchester have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns 'escapes onto land', and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.)
Under English law, unlike US law, it is no defence that the claimant "came to the nuisance": the 1879 case of Sturges v Bridgman is still good law, and a new owner can bring a claim in nuisance for the existing activities of a neighbour. In February 2014 the UK Supreme Court ruling in the case of Coventry v Lawrence [6] prompted the launch of a campaign [7] to have the "coming to a nuisance" law overturned. Campaigners hold that established lawful activity continuing with planning permission and local residents' support should be accepted as part of the character of the area by any new residents coming to the locality.

United States[edit]

There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word 'nuisance.' It has meant all things to all people, and has been applied indiscriminately to everything from an alarming advertisement to a cockroach baked in a pie. There is general agreement that it is incapable of any exact or comprehensive definition.
Prosser, W. Page; Keeton, W. Page (1984). Prosser and Keeton on Torts (5th ed.). St. Paul, Minnesota: West Publishing. §§ 86, 616. ISBN 978-0-314-74880-5. 
Many states have limited instances where a claim of nuisance may be brought. Such limitation often became necessary as the sensibilities of urban dwellers were offended by smells of agricultural waste when they moved to rural locations. For example: many states and provinces have "right to farm" provisions, which allow any agricultural use of land zoned or historically used for agriculture.
There are two classes of nuisance under the American law: a nuisance in fact, or "nuisance per accidens", and a nuisance per se. The classification determines whether the claim goes to the jury, or gets decided by the judge. An alleged nuisance in fact is an issue of fact to be determined by the jury, who will decide whether the thing (or act) in question created a nuisance, by examining its location and surroundings, the manner of its conduct, and other circumstances.[8] A determination that something is a nuisance in fact also requires proof of the act and its consequences.[8]
By contrast, a nuisance per se is "an activity, or an act, structure, instrument, or occupation which is a nuisance at all times and under any circumstances, regardless of location or surroundings."[9] Liability for a nuisance per se is absolute, and injury to the public is presumed; if its existence is alleged and established by proof, it is also established as a matter of law.[10] Therefore, a judge would decide a nuisance per se, while a jury would decide a nuisance in fact.
Most nuisance claims allege a nuisance in fact, for the simple reason that not many actions or structures have been deemed to be nuisances per se. In general, if an act, or use of property, is lawful, or authorized by competent authority, it cannot be a nuisance per se.[11] Rather, the act in question must either be declared by public statute, or by case law, to be a nuisance per se.[12] There are few state or federal statutes or case law declaring actions or structures to be a nuisance in and of themselves. Few activities or structures, in and of themselves and under any and all circumstances, are a nuisance; which is how courts determine whether or not an action or structure is a nuisance per se.[13]
Over the last 1000 years, public nuisance has been used by governmental authorities to stop conduct that was considered quasi-criminal because, although not strictly illegal, it was deemed unreasonable in view of its likelihood to injure someone in the general public. Donald Gifford[14] argues that civil liability has always been an "incidental aspect of public nuisance".[15] Traditionally, actionable conduct involved the blocking of a public roadway, the dumping of sewage into a public river or the blasting of a stereo in a public park.[16] To stop this type of conduct, governments sought injunctions either enjoining the activity that caused the nuisance or requiring the responsible party to abate the nuisance.
In recent decades, however, governments blurred the lines between public and private nuisance causes of action. William Prosser noted this in 1966 and warned courts and scholars against confusing and merging the substantive laws of the two torts. In some states, his warning went unheeded and some courts and legislatures have created vague and ill-defined definitions to describe what constitutes a public nuisance. For example, Florida's Supreme Court has held that a public nuisance is any thing that causes "annoyance to the community or harm to public health."[17]
A contemporary example of a nuisance law in the United States is the Article 40 Bylaw of Amherst, Massachusetts known as the Nuisance House Bylaw. The law is voted on by members of the town at town meetings. The stated purpose of such a law is "In accordance with the Town of Amherst’s Home Rule Authority, and to protect the health, safety, and welfare of the inhabitants of the Town, this bylaw shall permit the Town to impose liability on owners and other responsible persons for the nuisances and harm caused by loud and unruly gatherings on private property and shall discourage the consumption of alcoholic beverages by underage persons at such gatherings."[18]
In practice, the law works so that if one member of the neighborhood feels that a neighbor's noise level is annoying or excessively loud, that neighbor is instructed to inform the town police so that they can respond to the location of the noise. "The responding officer has some discretion in how to deal with the noise complaint.... When determining the appropriate response, the officer may take many factors into consideration, such as the severity of the noise, the time of day, whether the residents have been warned before, the cooperation of the residents to address the problem."[19][20]
The term is also used less formally in the United States to describe the non-meritorious nature of frivolous litigation. A lawsuit may be described as a "nuisance suit", and a settlement a "nuisance settlement", if the defendant pays money to the plaintiff to drop the case primarily to spare the cost of litigation, rather than because the suit would have a significant likelihood of winning.

Environmental nuisance[edit]

In the field of environmental science, there are a number of phenomena which are considered nuisances under the law, including most notably noise and light pollution. Moreover there are some issues that are not necessarily legal matters that are termed environmental nuisance; for example, an excess population of insects or other vectors may be termed a "nuisance population" in an ecological sense.[21]

From Britannica 1911[edit]

A common nuisance is punishable as a misdemeanour at common law, where no special provision is made by statute. In modern times, many of the old common law nuisances have been the subject of legislation. It's no defence for a master or employer that a nuisance is caused by the acts of his servants, if such acts are within the scope of their employment, even though such acts are done without his knowledge, and contrary to his orders. Nor is it a defence that the nuisance has been in existence for a great length of time, for no lapse of time will legitimate a public nuisance.[22]
A private nuisance is an act, or omission, which causes inconvenience or damage to a private person, and is left to be redressed by action. There must be some sensible diminution of these rights affecting the value or convenience of the property. "The real question in all the cases is the question of fact, whether the annoyance is such as materially to interfere with the ordinary comfort of human existence" (Lord Romilly in Crump v. Lambert (1867) L.R. 3 Eq. 409). A private nuisance, differing in this respect from a public nuisance, may be legalized by uninterrupted use for twenty years. It used to be thought that, if a man knew there was a nuisance and went and lived near it, he couldn't recover, because, it was said, it is he that goes to the nuisance, and not the nuisance to him. But this has long ceased to be law, as regards both the remedy by damages, and the remedy by injunction.[22]
The remedy for a public nuisance is by information, indictment, summary procedure or abatement. An information lies in cases of great public importance, such as the obstruction of a navigable river by piers. In some matters, the law allows the party to take the remedy into his own hands, and to "abate" the nuisance. Thus; if a gate be placed across a highway, any person lawfully using the highway may remove the obstruction, provided that no breach of the peace is caused thereby. The remedy for a private nuisance is by injunction, action for damages or abatement. An action lies in every case for a private nuisance; it also lies where the nuisance is public, provided that the plaintiff can prove that he has sustained some special injury. In such a case, the civil is in addition to the criminal remedy. In abating a private nuisance, care must be taken not to do more damage than is necessary for the removal of the nuisance.[22]
In Scotland, there's no recognized distinction between public and private nuisances. The law as to what constitutes a nuisance is substantially the same as in England. A list of statutory nuisances will be found in the Public Health (Scotland) Act 1867, and amending acts. The remedy for nuisance is by interdict, or action.[22]

See also[edit]

References[edit]

  1. Jump up ^ Sir J. F. Stephen, Digest of the Criminal Law, p.120
  2. Jump up ^ Restatement (Second) of Torts § 821A cmt. b (1979). Originally developed as a private tort tied to the land, a nuisance action was generally brought when a person interfered with another's "use or enjoyment of land."
  3. Jump up ^ "William L. Prosser, Private Action for Public Nuisance, 52 Va. L. Rev. 997, 997 (1966)".
  4. Jump up ^ Restatement (Second) of Torts § 821B
  5. Jump up ^ Restatement (Second) of Torts § 821D
  6. Jump up ^ http://www.supremecourt.uk/decided-cases/docs/UKSC_2012_0076_Judgment.pdf
  7. Jump up ^ http://www.steamin.in/RDC/Petition.htm
  8. ^ Jump up to: a b City of Sunland Park v. Harris News, Inc., 2005-NMCA-128, 45, 124 P.3d 566, 138 N.M. 58 (citing 58 AM.JUR.2D NUISANCES § 21)
  9. Jump up ^ Id. 40 (citing State ex rel. Village of Los Ranchos v. City of Albuquerque, 119 N.M. 150, 164, 889 P.2d 185, 199 (1994))
  10. Jump up ^ See 58 AM.JUR.2D NUISANCES § 21
  11. Jump up ^ See 58 AM.JUR.2D NUISANCES § 20
  12. Jump up ^ State v. Davis, 65 N.M. 128, 132, 333 P.2d 613, 616 (1958); See also Sunland Park, 2005-NMCA-128, 47
  13. Jump up ^ Koeber, 72 N.M. at 5, 380 P.2d at 16.
  14. Jump up ^ "Donald G. Gifford", Research Professor of Law at the University of Maryland School of Law
  15. Jump up ^ Donald G. Gifford, Public Nuisance as a Mass Products Liability Tort, 71 U. Cin. L. Rev. 741, 781 (2003)
  16. Jump up ^ Restatement (Second) of Torts § 821A cmt. b (1979)
  17. Jump up ^ John Gray, "Public Nuisance Law: An Historical Perspective"
  18. Jump up ^ http://amherstnoise.weebly.com/nuisance-house-bylaw.html
  19. Jump up ^ http://amherstnoise.weebly.com/enforcement.html
  20. Jump up ^ http://www.amherstma.gov/DocumentView.aspx?DID=66
  21. Jump up ^ C.Michael Hogan, ed. 2010. American Kestrel. Encyclopedia of Earth, U.S. National Council for Science and the Environment, Ed-in-chief C.Cleveland
  22. ^ Jump up to: a b c d Chisholm 1911, Nuisance.
Attribution

External links[edit]

Look up nuisance in Wiktionary, the free dictionary.
  • "Public Nuisance Law": Essays and articles written by legal experts in the subject of public nuisance law.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Nuisance&oldid=695278111"






Trespass

From Wikipedia, the free encyclopedia
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"Unlawful entry" redirects here. For the 1992 film, see Unlawful Entry (film).
For other uses, see Trespass (disambiguation).
Part of the common law series
Tort law
Intentional torts
Property torts
Defenses
Negligence
Liability torts
Nuisance
Dignitary torts
Economic torts
Liability and remedies
Duty to visitors
Other common law areas
Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming.[1] Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";[2] battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it";[2] and false imprisonment, the "unlaw[ful] obstruct[ion] or depriv[ation] of freedom from restraint of movement".[3]
Trespass to chattels, also known as trespass to goods or trespass to personal property, is defined as "an intentional interference with the possession of personal property … proximately caus[ing] injury".[4] Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cause of action for trespass.[5][6] Since CompuServe Inc. v. Cyber Promotions,[7] various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.[8][9][10][11]
Trespass to land is today the tort most commonly associated with the term trespass; it takes the form of "wrongful interference with one's possessory rights in [real] property".[12] Generally, it is not necessary to prove harm to a possessor's legally protected interest; liability for unintentional trespass varies by jurisdiction. "[A]t common law, every unauthorized entry upon the soil of another was a trespasser"; however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity.[13]
Trespass has also been treated as a common law offense in some countries.


Trespass to the person[edit]

There are three types of trespass, the first of which is trespass to the person. Whether intent is a necessary element of trespass to the person varies by jurisdiction. Under English decision, Letang v Cooper,[14] intent is required to sustain a trespass to the person cause of action; in the absence of intent, negligence is the appropriate tort. In other jurisdictions, gross negligence is sufficient to sustain a trespass to the person, such as when a defendant negligently operates an automobile and strikes the plaintiff with great force. "Intent is to be presumed from the act itself."[15] Generally, trespass to the person consists of three torts: assault, battery, and false imprisonment.

Assault[edit]

Main article: Assault (tort)
Under the statutes of various common law jurisdictions, assault is both a crime and a tort. Generally, a person commits criminal assault if he purposely, knowingly, or recklessly inflicts bodily injury upon another; if he negligently inflicts bodily injury upon another by means of dangerous weapon; or if through physical menace, he places another in fear of imminent serious bodily injury.[16] A person commits tortious assault when he engages in "any act of such a nature as to excite an apprehension of battery [bodily injury]".[2] In some jurisdictions, there is no requirement that actual physical violence result—simply the "threat of unwanted touching of the victim" suffices to sustain an assault claim.[17] Consequently, in R v Constanza,[18] the court found a stalker's threats could constitute assault. Similarly, silence, given certain conditions, may constitute an assault as well.[19] However, in other jurisdictions, simple threats are insufficient; they must be accompanied by an action or condition to trigger a cause of action.[20]
Incongruity of a defendant's language and action, or of a plaintiff's perception and reality may vitiate an assault claim. In Tuberville v Savage,[21] the defendant reached for his sword and told the plaintiff that "[i]f it were not assize-time, I would not take such language from you". In its American counterpart, Commonwealth v. Eyre,[22] the defendant shouted "[i]f it were not for your gray hairs, I would tear your heart out". In both cases, the courts held that despite a threatening gesture, the plaintiffs were not in immediate danger. The actions must give the plaintiff a reasonable expectation that the defendant is going to use violence; a fist raised before the plaintiff may suffice; the same fist raised behind the window of a police cruiser will not.[23]

Battery[edit]

Main article: Battery (tort)
Battery is "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it". The elements of battery common law varies by jurisdiction. In the United States, the American Law Institute's Restatement of Torts provides a general rule to determine liability for battery:[24]
An act which, directly or indirectly, is the legal cause of a harmful contact with another's person makes the actor liable to the other, if:
(a) the act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the other or a third person, and
(b) contact is not consented to by the other or the other's consent thereto is procured by fraud or duress, and
(c) the contact is not otherwise privileged.
Battery torts under Commonwealth precedent are subjected to a four point test to determine liability:[25]
  1. Directness. Is the sequence of events connecting initial conduct and the harmful contact an unbroken series?[26]
  2. Intentional Act. Was the harmful contact the conscious object of the defendant? Did the defendant intend to cause the resulting harm? Though the necessity of intent remains an integral part of Commonwealth battery,[27] some Commonwealth jurisdictions have moved toward the American jurisprudence of "substantial certainty".[28] If a reasonable person in the defendant's position would apprehend the substantial certainty of the consequences of his actions, whether the defendant intended to inflict the injuries is immaterial.[28]
  3. Bodily Contact. Was there active (as opposed to passive) contact between the bodies of the plaintiff and the defendant?
  4. Consent. Did the plaintiff consent to the harmful contact? The onus is on the defendant to establish sufficient and effective consent.[29][30]

False imprisonment[edit]

Main article: False imprisonment
False imprisonment is defined as "unlaw[ful] obstruct[ion] or depriv[ation] of freedom from restraint of movement".[3] In some jurisdictions, false imprisonment is a tort of strict liability: no intention on the behalf of the defendant is needed, but others require an intent to cause the confinement.[31] Physical force, however, is not a necessary element,[32] and confinement need not be lengthy;[33][34] the restraint must be complete,[35] though the defendant needn't resist.[36]
Conveniently, the American Law Institute's Restatement (Second) of Torts distills false imprisonment liability analysis into a four-prong test:
  1. The defendant intends to confine the plaintiff. (This is not necessary in Commonwealth jurisdictions.)
  2. The plaintiff is conscious of the confinement. (Prosser rejects this requirement.)[37]
  3. The plaintiff does not consent to the confinement.
  4. The confinement was not otherwise privileged.

Defenses[edit]

Child correction[edit]

Depending on the jurisdiction, corporal punishment of children by parents or instructors may be a defense to trespass to the person, so long as the punishment was "reasonably necessary under the circumstances to discipline a child who has misbehaved" and the defendant "exercise[d] prudence and restraint".[38] Unreasonable punishments, such as violently grabbing a student's arm and hair, have no defense.[39] Many jurisdictions, however, limit corporal punishment to parents, and a few, such as New Zealand, have criminalized the practice.[40]

Consent[edit]



Denning, LJ: "[I]n an ordinary fight with fists there is no cause of action to either of [the combatants] for any injury suffered."
Perhaps the most common defense for the torts of trespass to the person is that of volenti non fit injuria, literally, "to a willing person, no injury is done", but shortened to "consensual privilege" or "consent". If a plaintiff participates in a sporting activity in which physical contact is ordinary conduct, such as rugby, they are considered to have consented. This is not the case if the physical contact went beyond what could be expected, such as the use of hand gun during a fistfight, as in Andrepont v. Naquin,[41] or where the injuries were suffered not from the plaintiff's participation in the sport but inadequate safety measures taken, as in Watson v British Boxing Board of Control Ltd.[42] Where the plaintiff and defendant voluntarily agree to participate in a fight, some jurisdictions will deny relief in civil action, so long as the injuries caused are proportionate: "in an ordinary fight with fists there is no cause of action to either of [the combatants] for any injury suffered".[43] Other jurisdictions refuse to recognize consent as a defense to mutual combat and instead provide relief under the doctrine of comparative negligence.[44][45][46]
Medical care gives rise to many claims of trespass to the person. A physician, "treating a mentally competent adult under non-emergency circumstances, cannot properly undertake to perform surgery or administer other therapy without the prior consent of his patient".[47] Should he do so, he commits a trespass to the person and is liable to damages. However, if the plaintiff is informed by a doctor of the broad risks of a medical procedure, there will be no claim under trespass against the person for resulting harm caused; the plaintiff's agreement constitutes "informed consent".[48] In those cases where the patient does not possess sufficient mental capacity to consent, doctors must exercise extreme caution. In F v West Berkshire Health Authority,[49] the House of Lords instructed British physicians that, to justify operating upon such an individual, there "(1) must … be a necessity to act when it is not practicable to communicate with the assisted person ... [and] (2) the action taken must be such as a reasonable person would in all the circumstances take, acting in the best interests of the assisted person".

Self-defense / defense of others / defense of property[edit]

Self-defense, or non-consensual privilege, is a valid defense to trespasses against the person, assuming that it constituted the use of "reasonable force which they honestly and reasonably believe is necessary to protect themselves or someone else, or property".[50] The force used must be proportionate to the threat, as ruled in Cockcroft v Smith.[51]

Trespass to chattels[edit]

Main article: Trespass to chattels
Trespass to chattels, also known as trespass to goods or trespass to personal property, is defined as "an intentional interference with the possession of personal property...proximately caus[ing] injury".[4] While originally a remedy for the asportation of personal property, the tort grew to incorporate any interference with the personal property of another.[52] In some jurisdictions, such as the United Kingdom[dubious – discuss], trespass to chattels has been codified to clearly define the scope of the remedy;[53][54] in most jurisdictions, trespass to chattel remains a purely common law remedy, the scope of which varies by jurisdiction.
Generally, trespass to chattels possesses three elements:
  1. Lack of consent. The interference with the property must be non-consensual. A claim does not lie if, in acquiring the property, the purchaser consents contractually to certain access by the seller. "[A]ny use exceeding the consent" authorized by the contract, should it cause harm, gives rise to a cause for action.[55]
  2. Actual harm. The interference with the property must result in actual harm.[7] The threshold for actual harm varies by jurisdiction. In California, for instance, an electronic message may constitute a trespass if the message interferes with the functioning of the computer hardware, but the plaintiff must prove that this interference caused actual hardware damage or actual impaired functioning.[56]
  3. Intentionality. The interference must be intentional. What constitutes intention varies by jurisdiction, however, the Restatement (Second) of Torts indicates that "intention is present when an act is done for the purpose of using or otherwise intermeddling with a chattel or with knowledge that such an intermeddling will, to a substantial certainty, result from the act", and continues: "[i]t is not necessary that the actor should know or have reason to know that such intermeddling is a violation of the possessory rights of another".[57]
Remedies for trespass to chattel include damages, liability for conversion, and injunction, depending on the nature of the interference.[58]

Traditional applications[edit]

Trespass to chattels typically applies to tangible property and allows owners of such property to seek relief when a third party intentionally interferes or intermeddles in the owner's possession of his personal property.[59] "Interference" is often interpreted as the "taking" or "destroying" of goods, but can be as minor as "touching" or "moving" them in the right circumstances. In Kirk v Gregory,[60] the defendant moved jewelry from one room to another, where it was stolen. The deceased owner's executor successfully sued her for trespass to chattel. Furthermore, personal property, as traditionally construed, includes living objects, except where property interests are restricted by law. Thus animals are personal property,[61] but organs are not.[62]

Modern US applications[edit]



In Intel v. Hamidi, the Supreme Court of California ruled that a plaintiff in a suit for electronic trespass to chattels must establish actual damage.
In recent years, trespass to chattels has been expanded in the United States to cover intangible property, including combating the proliferation of unsolicited bulk email as well as virtual property interests in online worlds. In the late 1990s, American courts enlarged trespass to chattels, first to include the unauthorized use of long distance telephone lines,[63] and later to include unsolicited bulk email.[7] In 1998, a federal court in Virginia held that the owner of a marketing company committed trespass to chattels against an Internet service provider's computer network by sending 60 million unauthorized email advertisements after being notified that the spam was unauthorized.[9] In America Online, Inc. v. LCGM, Inc.,[64] AOL successfully sued a pornographic website for spamming AOL customers and forging the AOL domain name to trick customers. By the new millennium, trespass to chattel expanded beyond bulk email. In eBay v. Bidder's Edge,[65] a California court ruled that Bidder's Edge's use of a web crawler to cull auction information from eBay's website constituted trespass to chattel and further, that a plaintiff in such a suit need not prove that the interference was substantial.[66] A number of similar cases followed until, in Intel v. Hamidi,[67] the Supreme Court of California held that a plaintiff must demonstrate either actual interference with the physical functionality of the computer system or the likelihood that such interference would occur in the future. The Hamidi decision quickly found acceptance at both the federal and state level.
To date, no United States court has identified property rights in items acquired in virtual worlds; heretofore, virtual world providers have relied on end-user license agreements to govern user behavior.[68] Nevertheless, as virtual worlds grow, incidents of property interference, a form of "griefing", may make trespass to chattel an attractive remedy for deleted, stolen, or corrupted virtual property.[58]

Trespass to land[edit]

Main article: Trespass to land


No trespassing lawn signs are common.
Trespass to land involves the "wrongful interference with one's possessory rights in [real] property."[12] It is not necessary to prove that harm was suffered to bring a claim, and is instead actionable per se. While most trespasses to land are intentional, British courts have held liability holds for trespass committed negligently.[69] Similarly, some American courts will find liability for unintentional intrusions only where such intrusions arise under circumstances evincing negligence or involve a highly dangerous activity.[13] Exceptions exist for entering land adjoining a road unintentionally (such as in a car accident), as in River Wear Commissioners v Adamson.[70] In some jurisdictions trespass while in possession of a firearm, which may include a low-power air weapon without ammunition, constitutes a more grave crime of armed trespass.[71]

Subsoil and airspace[edit]

Aside from the surface, land includes the subsoil, airspace and anything permanently attached to the land, such as houses, and other infrastructure, this is literally explained by the legal maxim quicquid plantatur solo, solo cedit.

Subsoil[edit]

William Blackstone's Commentaries on the Laws of England articulated the common law principle cuius est solum eius est usque ad coelum et ad inferos, translating from Latin as "for whoever owns the soil, it is theirs up to Heaven and down to Hell."[72] In modern times, courts have limited the right of absolute dominion over the subsurface. For instance, drilling a directional well that bottoms out beneath another's property to access oil and gas reserves is trespass,[73] but a subsurface invasion by hydraulic fracturing is not.[74] Where mineral rights are severed from surface ownership, it is trespass to use another's surface to assist in mining the minerals beneath that individual's property,[75] but, where an emergency responder accesses the subsurface following a blowout and fire, no trespass lies.[76] Even the possible subsurface migration of toxic waste stored underground is not trespass,[77] except where the plaintiff can demonstrate that the actions "actually interfere with the [owner's] reasonable and foreseeable use of the subsurface[,]"[78] or, in some jurisdictions, that the subsurface trespasser knows with "substantial certainty" that the toxic liquids will migrate to the neighboring land...[79]

Airspace[edit]



Douglas, J: " [E]very transcontinental flight would subject the operator to countless trespass suits."
The rights of landowners over airspace are quite limited; in United States v. Causby et ux.,[80] Justice Douglas reasoned that, should it find in the plaintiff/respondent's favor and accept the "ancient doctrine that at common law ownership of land extend[s] to the periphery of the universe — Cujus est solum ejus est usque ad coelum[,]" "every transcontinental flight would subject the operator to countless trespass suits." Additionally, the Air Commerce Act of 1926 gave the United States government "exclusive sovereignty of airspace of the United States."[81] Thirty one years later, in Bernstein of Leigh v Skyviews & General Ltd,[82] an English court reached a similar conclusion, finding an action for trespass failed because the violation of airspace took place several hundred meters above the land: "[i]f the latin [sic] maxim were applied literally it would lead to the absurdity of trespass being committed every time a satellite passed over a suburban garden."[83] Parliament subsequently reinforced Berstein in the Civil Aviation Act 1982, providing that it is not trespass if the aircraft is flying at a reasonable height.[84] Objects hovering above a person's property, though attached to the ground, may constitute trespass. An overhanging crane can constitute trespass, as in Woolerton v Costain,[85] as can an 8 foot advertising sign, as in Kelsen v Imperial Tobacco Co.[86] However, should the overhang fail to generate actual harm, the court may deny a plaintiff equitable relief despite the technical trespass.[87]

Interference[edit]

The main element of the tort is "interference". This must be both direct and physical, with indirect interference instead being covered by negligence or nuisance.[88] "Interference" covers any physical entry to land, as well as the abuse of a right of entry, when a person who has the right to enter the land does something not covered by the permission. If the person has the right to enter the land but remains after this right expires, this is also trespass. It is also a trespass to throw anything on the land.[89] For the purposes of trespass, the person who owns the land on which a road rests is treated as the owner; it is not, however, a trespass to use that road if the road is constructed with a public use easement, or if, by owner acquiescence or through adverse use, the road has undergone a common law dedication to the public.[90] In Hickman v Maisey[91] and Adams v. Rivers,[92] the courts established that any use of a road that went beyond using it for its normal purpose could constitute a trespass: "[a]lthough a land owner's property rights may be [s]ubject to the right of mere passage, the owner of the soil is still absolute master."[93] British courts have broadened the rights encompassed by public easements in recent years. In DPP v Jones,[94] the court ruled that "the public highway is a public place which the public may enjoy for any reasonable purpose, providing that the activity in question does not amount to a public or private nuisance and does not obstruct the highway by reasonably impeding the primary right of the public to pass and repass; within these qualifications there is a public right of peaceful assembly on the highway."[95] The principles established in Adams remain valid in American law.[93][96]

Defenses[edit]

There are several defenses to trespass to land; license, justification by law, necessity and jus tertii. License is express or implied permission, given by the possessor of land, to be on that land. These licenses are irrevocable unless there is a flaw in the agreement or it is given by a contract. Once revoked, a license-holder becomes a trespasser if they remain on the land. Justification by law refers to those situations in which there is statutory authority permitting a person to go onto land, such as the England and Wales' Police and Criminal Evidence Act 1984, which allows the police to enter land for the purposes of carrying out an arrest, or the California state constitution, which permits protests on grocery stores and strip malls, despite their presenting a general nuisance to store owners and patrons.[97] Jus tertii is where the defendant can prove that the land is not possessed by the plaintiff, but by a third party, as in Doe d Carter v Barnard.[98] This defense is unavailable if the plaintiff is a tenant and the defendant a landlord who had no right to give the plaintiff his lease (e.g. an illegal apartment rental, an unauthorized sublet, etc.).[99] Necessity is the situation in which it is vital to commit the trespass; in Esso Petroleum Co v Southport Corporation,[100] the captain of a ship committed trespass by allowing oil to flood a shoreline. This was necessary to protect his ship and crew, however, and the defense of necessity was accepted.[101] Necessity does not, however, permit a defendant to enter another's property when alternative, though less attractive, courses of action exist.[102]

See also[edit]

References[edit]

  1. Jump up ^ Underhill and Pease, p. 242
  2. ^ Jump up to: a b c Johnson v. Glick, 481 F.2d 1028, 1033 (2nd Cir. 1973)
  3. ^ Jump up to: a b Broughton v. New York, 37 N.Y.2d 451, 456–7
  4. ^ Jump up to: a b Thrifty-Tel, Inc., v. Bezenek, 46 Cal. App. 4th 1559, 1566–7
  5. Jump up ^ Thrifty-Tel, at 1567
  6. Jump up ^ Restatement (Second) of Torts § 217(b)
  7. ^ Jump up to: a b c 962 F. Supp. 1015 (S.D.Ohio 1997)
  8. Jump up ^ America Online, Inc., v. LCGM, Inc., 46 F. Supp.2d 444 (E.D.Vir. 1998)
  9. ^ Jump up to: a b America Online, Inc. v. IMS, 24 F. Supp.2d 548 (E.D.Vir. 1998)
  10. Jump up ^ eBay, Inc., v. Bidder's Edge, Inc., 100 F. Supp.2d 1058 (N.D.Cal. 2000)
  11. Jump up ^ Register.com, Inc., v. Verio, Inc., 126 F. Supp.2d 238 (S.D.N.Y. 2000)
  12. ^ Jump up to: a b Robert's River Rides v. Steamboat Dev., 520 N.W.2d 294, 301 (Iowa 1994)
  13. ^ Jump up to: a b Loe et ux. v. Lenhard et al., 362 P.2d 312 (Or. 1961)
  14. Jump up ^ [1964] 2 All ER 292 (CA)
  15. Jump up ^ Myers v. Baker, 387 So 643, 644 (Ala. Ct. App. 1931) qtd. in McKenzie v. Killian, 887 So.2d 861, 865 (Ala. 2004) (An automobile accident occurring wrongfully and with great force constitutes a trespass if facts prove an intentional or grossly negligent act. Intent is presumed from the act itself.)
  16. Jump up ^ Summary of Model Penal Code § 211.1 (simple assault)
  17. Jump up ^ Banks v. Fritsch, 39 S.W.3d 474, 480 (Ky. Ct. App. 2001)
  18. Jump up ^ [1997] EWCA Crim 633
  19. Jump up ^ R v Ireland [1997] UKHL 34
  20. Jump up ^ People v. Floyd, 537 N.E.2d 74 (Ill. App. 1996)
  21. Jump up ^ [1669] 1 Mod Rep 3, 86 ER 684 (KB)
  22. Jump up ^ 1 Serg & R (Pa.) 3478 (1815)
  23. Jump up ^ Elliott, p. 301.
  24. Jump up ^ 1 Restatement of Torts 29 § 13
  25. Jump up ^ Trinidade, p. 216
  26. Jump up ^ Scott v Shepherd [1773] 2 Wm Bl 892, (1773) 95 ER 1124 (K.B.)
  27. Jump up ^ Law of Torts, 5th ed (1977) 24, n. 26
  28. ^ Jump up to: a b Trinidade, p. 221
  29. Jump up ^ Schweizer v Central Hospital (1974) OR (2d) 606, 53 DLR (3d) 494 (Ont HC)
  30. Jump up ^ Kelly v Hazlett (1976) 75 DLR (3d) 536 (Ont HC)
  31. Jump up ^ Restatement (Second) of Torts § 44 (1965)
  32. Jump up ^ Schanafelt v. Seaboard Finance Co., 108 Cal. App. 2d 420, 422–423 (A judgment against a finance company was upheld after a company employee used false imprisonment in repossession of plaintiff's furniture for payment delinquency, instructing the plaintiff she must remain in her home and could not leave.)
  33. Jump up ^ Alterauge v. Los Angeles Turf Club, 218 P.2d 802 (Cal. Ct. App. 1950) (A detention of the plaintiff for fifteen minutes by track detectives searching for evidence of bookmaking was held to constitute false imprisonment.)
  34. Jump up ^ Austin & Anor v Commissioner of Police of the Metropolis [2007] EWCA Civ 989 (Seven hours of police detention constitutes false imprisonment.)
  35. Jump up ^ Bird v Jones [1845] 7 QB 742 (The partial obstruction of a footpath ordinarily traversed by the plaintiff is not sufficient to sustain a claim of false imprisonment, as alternative paths existed.)
  36. Jump up ^ Grainger v Hill, (1838) 4 Bing (NC) 212
  37. Jump up ^ Torts [4th ed], § 11
  38. Jump up ^ Ingraham v. Wright, 430 U.S. 651, 676-7
  39. Jump up ^ Garcia by Garcia v. Miera, 817 F.2d 650, 655–6 (10th Cir. 1987)
  40. Jump up ^ Crimes (Substituted Section 59) Amendment Act 2007
  41. Jump up ^ 345 So.2d 1216, 1219–20 (La.App. 1977)
  42. Jump up ^ [2000] EWCA Civ 2116
  43. Jump up ^ Lane v Holloway [1967] EWCA Civ 1 [3]
  44. Jump up ^ Reinertsen v. Rygg, No. 55831-1-I
  45. Jump up ^ Hudson v. Craft, 33 Cal.2d 654, 656
  46. Jump up ^ State v. Mackrill, 191 P.3d 451, 457 (Mont. 2008)
  47. Jump up ^ Sard v. Hardy, 281 Md. 432, 439
  48. Jump up ^ Chatterton v. Gerson [1981] 1 All ER 257 (QB)
  49. Jump up ^ [1989] 2 All ER 545, 565–66
  50. Jump up ^ Elliott, p. 308
  51. Jump up ^ [1705] 2 Salk 642
  52. Jump up ^ Thrifty-Tel, Inc., at 1566
  53. Jump up ^ Torts (Interference with Goods) Act 1977
  54. Jump up ^ Elliott, p. 314
  55. Jump up ^ Restatement (Second) of Torts § 256 (1965)
  56. Jump up ^ Intel Corp. v. Hamidi, 71 P.3d 296 (Cal. 2003)
  57. Jump up ^ Restatement (Second) of Torts § 217 (1965)
  58. ^ Jump up to: a b Ledgerwood, p. 848
  59. Jump up ^ Ledgerwood, p. 847
  60. Jump up ^ [1876] 1 Ex D 55
  61. Jump up ^ Slater v Swann [1730] 2 Stra 872
  62. Jump up ^ AB & Ors v Leeds Teaching Hospital NHS Trust [2004] EWHC 644 (QB)
  63. Jump up ^ " [T]he electronic signals generated by the [defendants'] activities were sufficiently tangible to support a trespass cause of action." Thrifty-Tel v. Bezenek, 46 Cal.App.4th 1559, n. 6 54 Cal.Rptr.2d 468 (1996)
  64. Jump up ^ 46 F. Supp.2d 444 (N.D.Vir. 1998)
  65. Jump up ^ 100 F. Supp.2d 1058 (N.D.Cal. 2000)
  66. Jump up ^ Bidder's Edge, at 1070
  67. Jump up ^ 71 P.3d 296 (Cal. 2003)
  68. Jump up ^ Ledgerwood, p. 813
  69. Jump up ^ League Against Cruel Sports v Scott [1985] 2 All ER 489
  70. Jump up ^ (1877) 2 App Cas 743
  71. Jump up ^ Marple Rifle & Pistol Club, Gun Law in the UK
  72. Jump up ^ Sprankling, pp. 282–83
  73. Jump up ^ Anderson, p. 254
  74. Jump up ^ Anderson, p. 258
  75. Jump up ^ Anderson, p. 264
  76. Jump up ^ Anderson, p. 268
  77. Jump up ^ Anderson, p. 269
  78. Jump up ^ Anderson, p. 271
  79. Jump up ^ Anderson, p. 272
  80. Jump up ^ 328 U.S. 256, 260 (1946)
  81. Jump up ^ 49 U.S.C. § 40103
  82. Jump up ^ [1977] EWHC 1 (QB)
  83. Jump up ^ Berstein, at [4]
  84. Jump up ^ Elliott, p. 320
  85. Jump up ^ [1970] 1 WLR 411
  86. Jump up ^ [1957] 2 QB 334
  87. Jump up ^ Anderson, p. 255
  88. Jump up ^ Smith, p. 513
  89. Jump up ^ Elliott, p. 321
  90. Jump up ^ Gion v. City of Santa Cruz, 2 Cal.3d 29, 38
  91. Jump up ^ [1900] 1 QB 752
  92. Jump up ^ 11 Barb. (N.Y.) 390 (1851)
  93. ^ Jump up to: a b Berns v. Doan, 961 A.2d 506, 510 (Del. 2008) (internal quotes omitted)
  94. Jump up ^ [1999] 2 AC 240
  95. Jump up ^ Elliott, p. 322
  96. Jump up ^ City of Los Angeles v. Pac. Elec. Ry. Co., Cal.App.2d 224, 229
  97. Jump up ^ Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980)
  98. Jump up ^ [1849] 13 QB 945;
  99. Jump up ^ Elliott, p. 324
  100. Jump up ^ [1956] AC 28
  101. Jump up ^ Elliott, p. 325
  102. Jump up ^ Berns, at 505

Bibliography[edit]

Books[edit]

  • Elliott, Catherine; Francis Quinn (2007). Tort Law (6th ed.). Pearson Longman. ISBN 978-1-4058-4672-1. 
  • Smith, Kenneth; Denis J. Keenan (2004). English Law (14th ed.). Pearson Education Ltd. ISBN 0-582-82291-2. 

Periodicals[edit]

  • Anderson, Owen L. (2010). "Subsurface "Trespass": A Man's Subsurface is Not His Castle". Washburn L.J. 49. 
  • Ledgerwood, Garrett (2009). "Virtually Liable". Wash. & Lee L. Rev. 66. 
  • Trinidade, F.A. (1982). "Intentional Torts: Some Thoughts Assault and Battery". Oxford J. Legal Stud. 2 (2). 

External links[edit]

Wikiquote has quotations related to: Trespass
Retrieved from "https://en.wikipedia.org/w/index.php?title=Trespass&oldid=693035462"









Principles of grouping

From Wikipedia, the free encyclopedia
Jump to: navigation, search
The Principles of grouping (or Gestalt laws of grouping) are a set of principles in psychology, first proposed by Gestalt psychologists to account for the observation that humans naturally perceive objects as organized patterns and objects. Gestalt psychologists argued that these principles exist because the mind has an innate disposition to perceive patterns in the stimulus based on certain rules. These principles are organized into six categories: Proximity, Similarity, Closure, Good Continuation, Common Fate, and Good Form.[1][2][3][4]
Irvin Rock and Steve Palmer, who are acknowledged as having built upon the work of Max Wertheimer and others and to have identified additional grouping principles,[5] note that Werheimer's laws have come to be called the "Gestalt laws of grouping" but state that "perhaps a more appropriate description" is "principles of grouping."[6][7]


Proximity[edit]



Law of Proximity
The Gestalt law of proximity states that "objects or shapes that are close to one another appear to form groups". Even if the shapes, sizes, and objects are radically different, they will appear as a group if they are close together. • refers to the way smaller elements are "assembled" in a composition.
• Also called "grouping," the principle concerns the effect generated when the collective presence of the set of elements becomes more meaningful than their presence as separate elements.
• Arranging words into sentences or titles is an obvious way to group unrelated elements to enhance their meaning (it also depends on a correct order for comprehension). • Grouping the words also changes the visual and psychological meaning of the composition in non-verbal ways unrelated to their meaning. • Elements which are grouped together create the illusion of shapes or planes in space, even if the elements are not touching.
• Grouping of this sort can be achieved with: Tone / value Color Shape Size Or other physical attributes[citation needed]

Similarity[edit]



Law of Similarity
The principle of similarity states that, all else being equal, perception lends itself to seeing stimuli that physically resemble each other as part of the same object, and stimuli that are different as part of a different object. This allows for people to distinguish between adjacent and overlapping objects based on their visual texture and resemblance. Other stimuli that have different features are generally not perceived as part of the object. Our brain uses similarity to distinguish between objects who may lay adjacent to or overlap with each other based upon their visual texture. An example of this is a large area of land used by numerous independent farmers to grow crops. Each farmer may use a unique planting style which distinguishes his field from another. Another example is a field of flowers which differ only by color.[citation needed]

Closure[edit]



Law of Closure
The principle of closure refers to the mind’s tendency to see complete figures or forms even if a picture is incomplete, partially hidden by other objects, or if part of the information needed to make a complete picture in our minds is missing. For example, if part of a shape’s border is missing people still tend to see the shape as completely enclosed by the border and ignore the gaps. This reaction stems from our mind’s natural tendency to recognize patterns that are familiar to us and thus fill in any information that may be missing.
Closure is also thought to have evolved from ancestral survival instincts in that if one was to partially see a predator their mind would automatically complete the picture and know that it was a time to react to potential danger even if not all the necessary information was readily available.

Good Continuation[edit]



Law of Good Continuation
When there is an intersection between two or more objects, people tend to perceive each object as a single uninterrupted object. This allows differentiation of stimuli even when they come in visual overlap. We have a tendency to group and organize lines or curves that follow an established direction over those defined by sharp and abrupt changes in direction...[citation needed]

Common Fate[edit]



Law of Common Fate - a flock of birds.
When visual elements are seen moving in the same direction at the same rate (optical flow), perception associates the movement as part of the same stimulus. For example, birds may be distinguished from their background as a single flock because they are moving in the same direction and at the same velocity, even when each bird is seen - from a distance - as little more than a dot. The moving 'dots' appear to be part of a unified whole. Similarly, two flocks of birds can cross each other in a viewer's visual field, but they will nonetheless continue to be experienced as separate flocks because each bird has a direction common to its flock.[citation needed]
This allows people to make out moving objects even when other details (such as the objects color or outline) are obscured. This ability likely arose from the evolutionary need to distinguish a camouflaged predator from its background.
The law of common fate is used extensively in user-interface design, for example where the movement of a scrollbar is synchronised with the movement (i.e. cropping) of a window's content viewport; The movement of a physical mouse is synchronised with the movement of an on-screen arrow cursor, and so on.

Good Form[edit]

The principle of good form refers to the tendency to group together forms of similar shape, pattern, color, etc. Even in cases where two or more forms clearly overlap, the human brain interprets them in a way that allows people to differentiate different patterns and/or shapes. An example would be a pile of presents where a dozen packages of different size and shape are wrapped in just three or so patterns of wrapping paper.

See also[edit]

References[edit]

  1. Jump up ^ cf. Gray, Peter O. (2006): Psychology, 5th ed., New York: Worth, p. 281. ISBN 978-0-7167-0617-5
  2. Jump up ^ Wolfe et al. 2008, pp. 78,80.
  3. Jump up ^ Goldstein 2009, pp. 105–107.
  4. Jump up ^ Banerjee 1994, pp. 107–108.
  5. Jump up ^ Weiten 1998, pp. 144.
  6. Jump up ^ Palmer, Neff & Beck 1997, pp. 63.
  7. Jump up ^ Palmer 2003, pp. 180–181.

Bibliography[edit]

  • Banerjee, J. C. (1994). "Gestalt Theory of Perception". Encyclopaedic Dictionary of Psychological Terms. M.D. Publications Pvt. Ltd. pp. 107–109. ISBN 978-81-85880-28-0. 
  • Goldstein, E. Bruce (2009). "Perceiving Objects and Scenes § The Gestalt Approach to Object Perception". Sensation and perception (8th ed.). Cengage Learning. ISBN 978-0-495-60149-4. 
  • Palmer, Stephen; Neff, Jonathan; Beck, Diane (1997). "Grouping and Amodal Perception". In Rock, Irvin. Indirect perception. MIT Press/Bradford Books series in cognitive psychology. MIT Press. ISBN 978-0-262-18177-8. 
  • Palmer, Stephen E. (2003). "Visual Perception of Objects". In Healy, Alice F.; Proctor, Robert W.; Weiner, Irving B. Handbook of Psychology: Experimental psychology 4. John Wiley and Sons. ISBN 978-0-471-39262-0. 
  • Weiten, Wayne (1998). Psychology: themes and variations (4th ed.). Brooks/Cole Pub. Co. ISBN 978-0-534-34014-8. 
  • Wolfe, Jeremy M.; Kluender, Keith R.; Levi, Dennis M.; Bartoshuk, Linda M.; Herz, Rachel S.; Klatzky, Roberta L.; Lederman, Susan J. (2008). "Gestalt Grouping Principles". Sensation and Perception (2nd ed.). Sinauer Associates. ISBN 978-0-87893-938-1. 

Further reading[edit]

  • Enns, James T. (2003): Gestalt Principles of Perception. In: Lynn Nadel (Ed.), Encyclopedia of Cognitive Science, London: Nature Publishing Group.
  • Todorovic, Dejan (2008). "Gestalt principles". Scholarpedia 3 (12): 5345. doi:10.4249/scholarpedia.5345. 
  • Palmer, S.E. (1999). Vision Science: Photons to Phenomenology. MIT Press. ISBN 978-0-262-16183-1.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Principles_of_grouping&oldid=694092130"





Certification

From Wikipedia, the free encyclopedia
Jump to: navigation, search
"Certify" redirects here. For the horse, see Certify (horse).
"Certified" redirects here. For other uses, see Certified (disambiguation).
Certification refers to the confirmation of certain characteristics of an object, person, or organization. This confirmation is often, but not always, provided by some form of external review, education, assessment, or audit. Accreditation is a specific organization's process of certification.


Types[edit]

One of the most common types of certification in modern society is professional certification, where a person is certified as being able to competently complete a job or task, usually by the passing of an examination and/or the completion of a program of study. Some professional certifications also require that one obtain work experience in a related field before the certification can be awarded. Some professional certifications are valid for a lifetime upon completing all certification requirements. Others expire after a certain period of time and have to be maintained with further education and/or testing.
Certifications can differ within a profession by the level or specific area of expertise to which they refer. For example, in the IT Industry there are different certifications available for software tester, project manager, and developer. Also, the Joint Commission on Allied Health Personnel in Ophthalmology offers three certifications in the same profession, but with increasing complexity.
Certification does not designate that a person has sufficient knowledge in a subject area, only that they passed the test.[1]
Certification does not refer to the state of legally being able to practice or work in a profession. That is licensure. Usually, licensure is administered by a governmental entity for public protection purposes and a professional association administers certification. Licensure and certification are similar in that they both require the demonstration of a certain level of knowledge or ability.
Another common type of certification in modern society is product certification. This refers to processes intended to determine if a product meets minimum standards, similar to quality assurance. Different certification systems exist in each country. For example, in Russia it is the GOST R Rostest.

Third-party certification[edit]

In first-party certification, an individual or organization providing the good or service offers assurance that it meets certain claims. In second-party certification, an association to which the individual or organization belongs provides the assurance.[2] Third-party certification involves an independent assessment declaring that specified requirements pertaining to a product, person, process or management system have been met.[3] In this respect, a Notified Body is a third-party, accredited body which is entitled by an Accreditation Body. Upon definition of standards and regulations, the Accreditation Body may allow a Notified Body to provide third-party certification and testing services. All this in order to ensure and assess compliance to the previously defined codes, but also to provide an official certification mark or a declaration of conformity.[4][5]

Certification in software testing[edit]

For software testing the certifications can be grouped into exam-based and education-based. Exam-based certifications: For this there is the need to pass an exam, which can also be learned by self-study: e.g. for International Software Testing Qualifications Board Certified Tester by the International Software Testing Qualifications Board [6] or Certified Software Tester by QAI or Certified Software Quality Engineer by American Society for Quality. Education-based certifications are the instructor-led sessions, where each course has to be passed, e.g. Certified Software Test Professional or Certified Software Test Professional by International Institute for Software Testing.[7][8]

Types of certification[edit]

References[edit]

  1. Jump up ^ Cem Kaner. "Why propose an advanced certification in software testing?". Retrieved November 4, 2014. 
  2. Jump up ^ Dovetail Partners
  3. Jump up ^ "ANSI". Retrieved November 4, 2014. 
  4. Jump up ^ "Boiler and Pressure Vessel Inspection According to ASME". Retrieved November 4, 2014. 
  5. Jump up ^ "NABL Certified Lab". Retrieved November 4, 2014. 
  6. Jump up ^ "Certifying Software Testers Worldwide - ISTQB® International Software Testing Qualifications Board". Retrieved November 4, 2014. 
  7. Jump up ^ "International Institute for Software Testing (IIST) CSTP & CTM Informational Home Page". Testinginstitute.com. Retrieved January 30, 2014. 
  8. Jump up ^ "Certifying Software Testers Worldwide - ISTQB® International Software Testing Qualifications Board". Retrieved November 4, 2014. 
  9. Jump up ^ "Academic Degrees Abbreviations". Abbreviations.com. Retrieved January 30, 2014. 
  10. Jump up ^ http://www.mpaa.org/
  11. Jump up ^ "Certifications". Caslab.com. Retrieved January 30, 2014. 


External links[edit]

Authority control
Retrieved from "https://en.wikipedia.org/w/index.php?title=Certification&oldid=697301811"


EVALUATION-

CONSERVATORSHIP LAWS SCOPE OF TRANSLATIONAL MEDICINE RESEARCH-

SCOPE OF COUNTRIES

UNITED STATES OF AMERICA

GERMANY IN THE EUROPEAN UNION














OBSERVATIONAL LEARNING

OBSERVATIONAL LEARNING IS THE  MEDICAL  TREATMENT  TO GRAVELY MENTAL DISABILITY .

 



Observational learning

From Wikipedia, the free encyclopedia
Jump to: navigation, search
For other uses, see Social learning (disambiguation).
Observational learning is learning that occurs through observing the behavior of others. It is a form of social learning which takes various forms, based on various processes. In humans, this form of learning seems to not need reinforcement to occur, but instead, requires a social model such as a parent, sibling, friend, or teacher. Particularly in childhood, a model is someone of authority or higher status. In animals, observational learning is often based on classical conditioning, in which an instinctive behavior is elicited by observing the behavior of another (e.g. mobbing in birds), but other processes may be involved as well.[1]


Human observational learning[edit]

Many behaviors that a learner observes, remembers, and imitates are actions that models display, even though the model may not intentionally try to instill a particular behavior, A child may learn to swear, smack, smoke, and deem other inappropriate behavior acceptable through poor modeling. Bandura claims that children continually learn desirable and undesirable behavior through observational learning. Observational learning suggests that an individual's environment, cognition, and behavior all integrate and ultimately determine how the individual functions.[2]
Through observational learning, individual behaviors can spread across a culture through a process called diffusion chain. This basically occurs when an individual first learns a behavior by observing another individual and that individual serves as a model through whom other individuals learn the behavior, and so on.[3]
Culture plays a role in whether observational learning is the dominant learning style in a person or community. Some cultures expect children to actively participate in their communities and are therefore exposed to different trades and roles on a daily basis.[4] This exposure allows children to observe and learn the different skills and practices that are valued in their communities.[5]
Albert Bandura, who is known for the classic Bobo doll experiment, identified this basic form of learning in 1961. The importance of observational learning consists of helping individuals, especially children, acquire new responses by observing others' behavior.


Bobo doll
Albert Bandura states that people’s behavior could be determined by their environment. Observational learning occurs through observing negative and positive behaviors. Bandura believes in reciprocal determinism in which the environment can influence in people’s behavior and vice versa. For instance, the Bobo doll experiment shows that model in a determined environment impact children’s behavior. In this experiment Bandura demonstrates that one group of children placed in an aggressive environment would act the same way. While, the control group and the other group of children placed in a passive role model environment hardly shows any type of aggressions.[6]
In communities where children's primary mode of learning is through observation, the children are rarely separated from adult activities. This incorporation into the adult world at an early age allows children to use observational learning skills in multiple spheres of life. This learning through observation requires keen attentive abilities. Culturally, they learn that their participation and contributions are valued in their communities. This teaches children that it is their duty, as members of the community, to observe others' contributions so they gradually become involved and participate further in the community.[7]

Stages[edit]

Skiing lesson at Flumserberg.jpg

Bandura's social cognitive learning theory states that there are four stages involved in observational learning:[8]
  1. Attention: Observers cannot learn unless they pay attention to what's happening around them. This process is influenced by characteristics of the model, such as how much one likes or identifies with the model, and by characteristics of the observer, such as the observer's expectations or level of emotional arousal.
  2. Retention/Memory: Observers must not only recognize the observed behavior but also remember it at some later time. This process depends on the observer's ability to code or structure the information in an easily remembered form or to mentally or physically rehearse the model's actions.
  3. Initiation/Motor: Observers must be physically and/intellectually capable of producing the act. In many cases the observer possesses the necessary responses. But sometimes, reproducing the model's actions may involve skills the observer has not yet acquired. It is one thing to carefully watch a circus juggler, but it is quite another to go home and repeat those acts.
  4. Motivation: Coaches also give pep talks, recognizing the importance of motivational processes to learning.
Bandura clearly distinguishes between learning and performance. Unless motivated, a person does not produce learned behavior. This motivation can come from external reinforcement, such as the experimenter's promise of reward in some of Bandura's studies, or the bribe of a parent. Or it can come to vicarious reinforcement, based on the observation that models are rewarded. High-status models can affect performance through motivation. For example, girls aged 11 to 14 performed better on a motor performance task when they thought it was demonstrated by a high-status cheerleader than by a low-status model.[9]
Some have even added a step of encoding a behavior between attention and retention.
Observational learning leads to a change in an individual's behavior along three dimensions:
  1. An individual thinks about a situation in a different way and may have incentive to react on it.
  2. The change is a result of a person's direct experiences as opposed to being in-born.
  3. For the most part, the change an individual has made is permanent.[10]

Effect on behavior[edit]



Learning to play Djembe.
According to Bandura's social cognitive learning theory, observational learning can affect behavior in many ways, with both positive and negative consequences. It can teach completely new behaviors, for one. It can also increase or decrease the frequency of behaviors that have previously been learned. Observational learning can even encourage behaviors that were previously forbidden (for example, the violent behavior towards the Bobo doll that children imitated in Albert Bandura's study). Observational learning can also have an impact on behaviors that are similar to, but not identical to, the ones being modeled. For example, seeing a model excel at playing the piano may motivate an observer to play the saxophone.

Age difference[edit]

Albert Bandura stressed that developing children learn from different social models, meaning that no two children are exposed to exactly the same modeling influence. From infancy to adolescence, they are exposed to various social models. A 2013 study found that a toddlers' previous social familiarity with a model was not always necessary for learning and that they were also able to learn from observing a stranger demonstrating or modeling a new action to another stranger.[11]
It was once believed that babies could not imitate actions until the latter half of the first year. However a number of studies now report that infants as young as seven days can imitate simple facial expressions. By the latter half of their first year, 9-month-old babies can imitate actions hours after they first see them. As they continue to develop, toddlers around age two can acquire important personal and social skills by imitating a social model.
Deferred imitation is an important developmental milestone in a two-year-old, in which children not only construct symbolic representations, but can also remember information.[12] Unlike toddlers, children of elementary school age are less likely to rely on imagination to represent an experience. Instead, they can verbally describe the model's behavior.[13] Since this form of learning does not need reinforcement, it is more likely to occur regularly.
As age increases, age-related observational learning motor skills may decreases in athletes and golfers.[14] Younger and skilled golfers have higher observational learning compared to older golfers and less skilled golfers.

Observational causal learning[edit]

Humans use observational causal learning to watch what other people’s actions and use that information to find out how something works and how we can do it ourselves.
A study of 25-month-old infants found that they can learn causal relations from observing human interventions. They also learn by observing normal actions not created by intentional human action.[15]

Comparisons with imitation[edit]

Observational learning is presumed to have occurred when an organism copies an improbable action or action outcome that it has observed and the matching behavior cannot be explained by an alternative mechanism. Psychologists have been particularly interested in the form of observational learning known as imitation and in how to distinguish imitation from other processes. To successfully make this distinction, one must separate the degree to which behavioral similarity results from (a) predisposed behavior, (b) increased motivation resulting from the presence of another animal, (c) attention drawn to a place or object, (d) learning about the way the environment works, as distinguished from what we think of as (e) imitation (the copying of the demonstrated behavior) .[16]
Observational learning differs from imitative learning in that it does not require a duplication of the behavior exhibited by the model. For example, the learner may observe an unwanted behavior and the subsequent consequences, and thus learn to refrain from that behavior. For example, Riopelle, A.J. (1960) found that monkeys did better with observational learning if they saw the "tutor" monkey make a mistake before making the right choice.[17] Heyes (1993) distinguished imitation and non-imitative social learning in the following way: imitation occurs when animals learn about behavior from observing conspecifics, whereas non-imitative social learning occurs when animals learn about the environment from observing others.[18]
Not all imitation and learning through observing is the same, and they often differ in the degree to which they take on an active or passive form. John Dewey describes an important distinction between two different forms of imitation: imitation as an end in itself and imitation with a purpose.[19] Imitation as an end is more akin to mimicry, in which a person copies another’s act to repeat that action again. This kind of imitation is often observed in animals. Imitation with a purpose utilizes the imitative act as a means to accomplish something more significant. Whereas the more passive form of imitation as an end has been documented in some European American communities, the other kind of more active, purposeful imitation has been documented in other communities around the world.
Observation may take on a more active form in children’s learning in multiple Indigenous American communities. Ethnographic anthropological studies in Yucatec Mayan and Quechua Peruvian communities provide evidence that the home or community-centered economic systems of these cultures allow children to witness first-hand, activities that are meaningful to their own livelihoods and the overall well-being of the community.[20] These children have the opportunity to observe activities that are relevant within the context of that community, which gives them a reason to sharpen their attention to the practical knowledge they are exposed to. This does not mean that they have to observe the activities even though they are present. The children often make an active decision to stay in attendance while a community activity is taking place to observe and learn.[20] This decision underscores the significance of this learning style in many indigenous American communities. It goes far beyond learning mundane tasks through rote imitation; it is central to children’s gradual transformation into informed members of their communities’ unique practices. There was also a study, done with children, that concluded that Imitated behavior can be recalled and used in another situation or the same.[21]

Apprenticeship[edit]

Apprenticeship can involve both observational learning and modelling. Apprentices gain their skills in part through working with masters in their profession and through observing and evaluating the work of their fellow apprentices.Examples include renaissance inventor/painter Leonardo da Vinci and Michelangelo, before succeeding in their profession they were apprentices.[22]

Learning without imitation[edit]

Michael Tomasello described various ways of observational learning without the process of imitation in animals[23] (ethology): Exposure- Individuals learn about their environment with a close proximity to other individuals that have more experience. For example, a young dolphin learning the location of a plethora of fish by staying near its mother.
  • Stimulus enhancement - Individuals become interested in an object from watching others interact with it.[24] Increased interest in an object may result in object manipulation, which facilitates new object-related behaviors by trial-and-error learning. For example, a young killer whale might become interested in playing with a sea lion pup after watching other whales toss the sea lion pup around. After playing with the pup, the killer whale may develop foraging behaviors appropriate to such prey. In this case, the killer whale did not learn to prey on sea lions by observing other whales do so, but rather the killer whale became intrigued after observing other whales play with the pup. After the killer whale became interested, then its interactions with the sea lion resulted in behaviors that provoked future foraging efforts.
  • Goal emulation-Individuals are enticed by the end result of an observed behavior and attempt the same outcome but with a different method. For example, Haggerty (1909) devised an experiment in which a monkey climbed up the side of a cage, stuck its arm into a wooden chute, and pulled a rope in the chute to release food. Another monkey was provided an opportunity to obtain the food after watching a monkey go through this process on four separate occasions. The monkey performed a different method and finally succeeded after trial and error.[25]

Peer model influences[edit]

Observational learning is very beneficial when there are positive, reinforcing peer models involved. Although individuals go through four different stages for observational learning: attention; retention ; production; and motivation, this does not simply mean that when an individual's attention is captured that it automatically sets the process in that exact order. One of the most important ongoing stages for observational learning, especially among children, is motivation and positive reinforcement[citation needed].
Performance is enhanced when children are positively instructed on how they can improve a situation and where children actively participate alongside a more skilled person. Examples of this are scaffolding and guided participation. Scaffolding refers to an expert responding contingently to a novice so the novice gradually increases their understanding of a problem. Guided participation refers to an expert actively engaging in a situation with a novice so the novice participates with or observes the adult to understand how to resolve a problem.[26]

Cultural variation[edit]

Cultural variation can be seen in the extent of information learned or absorbed by children through the use of observation and more specifically the use of observation without verbal requests for further information. For example, children from Mexican heritage families tend to learn and make better use of information observed during classroom demonstration then children of European heritage.[27][28] Children of European heritage experience the type of learning that separates them from their family and community activities. They instead participate in lessons and other exercises in special settings such as school.[29] Cultural backgrounds differ from each other in which children display certain characteristics in regards to learning an activity. Another example is seen in the immersion, of children in some Indigenous communities of the Americas, into the adult world and the effects it has on observational learning and the ability to complete multiple tasks simultaneously.[7] This might be due to children in these communities having the opportunity to see a task being completed by their elders or peers and then trying to emulate the task. In doing so they learn to value observation and the skill-building it affords them because of the value it holds within their community.[5] This type of observation is not passive, but reflects the child's intent to participate or learn within a community.[4]
Observational learning can be seen taking place in many domains of Indigenous communities. The classroom setting is one significant example, and it functions differently for these communities in comparison to what is commonly present in Western schooling. The emphasis of keen observation in favor of supporting participation in ongoing activities strives to aid children to learn the important tools and ways of their community[27]). Engaging in shared endeavors - with both the experienced and inexperienced - allows for the experienced to understand what the inexperienced need in order to grow in regards to the assessment of observational learning.[27] The involvement of the inexperienced, or the children in this matter, can either be furthered by the children’s learning or advancing into the activity performed by the assessment of observational learning.[28] For the Indigenous communities to rely on observational learning is a way allowing for their children to be a part of ongoing activities in the community (Tharp, 2006).
Although learning in the IAC is not always the central focus when participating in an activity [28] studies have shown that attention in intentional observation differs from accidental observation. Intentional participation is “keen observation and listening in anticipation of, or in the process of engaging in endeavors”. This means that when they have the intention of participating in an event, their attention is more focused on the details, compared to when they are accidentally observing.
Observational learning can be an active process in many Indigenous American communities. The learner must take initiative to attend to activities going on around them. Children in these communities also take initiative to contribute their knowledge in ways that will benefit their community. For example, in many Indigenous American cultures, children perform household chores without being instructed to do so by adults. Instead, they observe a need for their contributions and take initiative to accomplish the tasks based on observations of others having done them.[30] The learner's intrinsic motivations play an important role in the child's understanding and construction of meaning in these educational experiences. The independence and responsibility associated with observational learning in many Indigenous American communities are significant reasons why this method of learning can involve more than just watching and imitating. A learner must be actively engaged with their demonstrations and experiences in order to fully comprehend and apply the knowledge they obtain.[31]

Indigenous communities of the Americas[edit]



Mayan villagers
Children from indigenous heritage communities of the Americas often learn through observation, a strategy that can carry over into adulthood. The heightened value towards observation allows children to multi-task and actively engage in simultaneous activities. The exposure to an uncensored adult lifestyle allows children to observe and learn the skills and practices that are valued in their communities.[5] Children observe elders, parents, and siblings complete tasks and learn to participate in them. They are seen as contributors and learn to observe multiple tasks being completed at once and can learn to complete a task, while still engaging with other community members without being distracted.
Indigenous communities provide more opportunities to incorporate children in everyday life.[32] This can be seen in some Mayan communities where children are given full access to community events, which allows observational learning to occur more often.[32] Other children in Mazahua, Mexico are known to intensely observe ongoing activities.[32] In native northern Canadian and indigenous Mayan communities, children often learn as third-party observers from stories and conversations by others.[33] Most young Mayan children are carried on their mother's back, allowing them to observe their mother's work and see the world as their mother sees it.[34] Children are often allowed to learn without restrictions and with minimal guidance. They are self-motivated to learn and finish their chores.[35] These children act as a second set of eyes and ears for their parents updating them about the community.[36]
Children aged 6 to 8 in an indigenous heritage community in Guadalajara, Mexico participated in hard work, such as cooking or running errands, to benefit the whole family, while those in the city of Guadalajara rarely did so. These children participated more in adult regulated activities and had little time to play, while those from the indigenous-heritage community had more time to play and initiate in their own after-school activities.[37]
Within certain indigenous communities people do not typically seek out explanation beyond basic observation. This is because they are competent in learning through astute observation. In a Guatemalan footloom factory amateur adult weavers observed skilled weavers over the course of weeks without questioning or being given explanations; the amateur weaver moved at their own pace and began when they felt confident.[32] The framework of learning how to weave through observation can serve as a model that groups within a society use as a reference to guide their actions in particular domains of life.[38] Communities that participate in observational learning promote tolerance and mutual understand of those coming from different cultural backgrounds.

Other human and animal behavior experiments[edit]

When an animal is given a task to complete, they are almost always more successful after observing another animal doing the same task before them. Experiments have been conducted on several different species with the same effect: animals can learn behaviors from peers. However, there is a need to distinguish the propagation of behavior and the stability of behavior. Research has shown that social learning can spread a behavior, but there are more factors regarding how a behavior carries across generations of an animal culture.[39]

Learning in fish[edit]

Experiments with ninespine sticklebacks showed that individuals will use social learning to locate food.[39]

Social learning in pigeons[edit]



Pigeon
A study in 1996 at the University of Kentucky used a foraging device to test social learning in pigeons. A pigeon could access the food reward by either pecking at a treadle or stepping on it. Significant correspondence was found between the methods of how the observers accessed their food and the methods the initial model used in accessing the food.[40]

Acquiring foraging niches[edit]

Studies have been conducted at the University of Oslo and University of Saskatchewan regarding the possibility of social learning in birds, delineating the difference between cultural and genetic acquisition.[41] Strong evidence already exists for mate choice, bird song, predator recognition, and foraging.
Researchers cross-fostered eggs between nests of blue tits and great tits and observed the resulting behavior through audio-visual recording. Tits raised in the foster family learned their foster family's foraging sites early. This shift—from the sites the tits would among their own kind and the sites they learned from the foster parents—lasted for life. What young birds learn from foster parents, they eventually transmitted to their own offspring. This suggests cultural transmissions of foraging behavior over generations in the wild.[42]

Social learning in crows[edit]

The University of Washington studied this phenomenon with crows, acknowledging the evolutionary tradeoff between acquiring costly information firsthand and learning that information socially with less cost to the individual but at the risk of inaccuracy. The experimenters exposed wild crows to a unique “dangerous face” mask as they trapped, banded, and released 7-15 birds at five different study places around Seattle, WA. An immediate scolding response to the mask after trapping by previously captured crows illustrates that the individual crow learned the danger of that mask. There was a scolding from crows that were captured that had not been captured initially. That response indicates conditioning from the mob of birds that assembled during the capture.
Horizontal social learning (learning from peers) is consistent with the lone crows that recognized the dangerous face without ever being captured. Children of captured crow parents were conditioned to scold the dangerous mask, which demonstrates vertical social learning (learning from parents). The crows that were captured directly had the most precise discrimination between dangerous and neutral masks than the crows that learned from the experience of their peers. The ability of crows to learn doubled the frequency of scolding, which spread at least 1.2 km from where the experiment started to over a 5-year period at one site.[43]

Propagation of animal culture[edit]

Researchers at the Département d’Etudes Cognitives, Institut Jean Nicod, Ecole Normale Supérieure acknowledged a difficulty with research in social learning. To count acquired behavior as cultural, two conditions need must be met: the behavior must spread in a social group, and that behavior must be stable across generations. Research has provided evidence that imitation may play a role in the propagation of a behavior, but these researchers believe the fidelity of this evidence is not sufficient to prove stability of animal culture.
Other factors like ecological availability, reward-based factors, content-based factors, and source-based factors might explain the stability of animal culture in a wild rather than just imitation. As an example of ecological availability, chimps may learn how to fish for ants with a stick from their peers, but that behavior is also influenced by the particular type of ants as well as the condition. A behavior may be learned socially, but the fact that it was learned socially does not necessarily mean it will last. The fact that the behavior is rewarding has a role in cultural stability as well. The ability for socially-learned behaviors to stabilize across generations is also mitigated by the complexity of the behavior. Different individuals of a species, like crows, vary in their ability to use a complex tool. Finally, a behavior’s stability in animal culture depends on the context in which they learn a behavior. If a behavior has already been adopted by a majority, then the behavior is more likely to carry across generations out of a need for conforming.
Animals are able to acquire behaviors from social learning, but whether or not that behavior carries across generations requires more investigation.[44]

Hummingbird experiment[edit]

Experiments with hummingbirds provided one example of apparent observational learning in a non-human organism. Hummingbirds were divided into two groups. Birds in one group were exposed to the feeding of a knowledgeable "tutor" bird; hummingbirds in the other group did not have this exposure. In subsequent tests the birds that had seen a tutor were more efficient feeders than the others.[45]

Bottlenose dolphin[edit]

Herman (2002) suggested that bottlenose dolphins produce goal-emulated behaviors rather than imitative ones. A dolphin that watches a model place a ball in a basket might place the ball in the basket when asked to mimic the behavior, but it may do so in a different manner seen.[46]

Rhesus monkey[edit]

Kinnaman (1902) reported that one rhesus monkey learned to pull a plug from a box with its teeth to obtain food after watching another monkey succeed at this task.[47]
Fredman (2012) also performed an experiment on observational behavior. In experiment 1, human-raised monkeys observed a familiar human model open a foraging box using a tool in one of two alternate ways: levering or poking. In experiment 2, mother-raised monkeys viewed similar techniques demonstrated by monkey models. A control group in each population saw no model. In both experiments, independent coders detected which technique experimental subjects had seen, thus confirming social learning. Further analyses examined copying at three levels of resolution.
The human-raised monkeys exhibited the greatest learning with the specific tool use technique they saw. Only monkeys who saw the levering model used the lever technique, by contrast with controls and those who witnessed poking. Mother-reared monkeys instead typically ignored the tool and exhibited fidelity at a lower level, tending only to re-create whichever result the model had achieved by either levering or poking.
Nevertheless, this level of social learning was associated with significantly greater levels of success in monkeys witnessing a model than in controls, an effect absent in the human-reared population. Results in both populations are consistent with a process of canalization of the repertoire in the direction of the approach witnessed, producing a narrower, socially shaped behavioral profile than among controls who saw no model.[48]

Light box experiment[edit]

Pinkham and Jaswal (2011) did an experiment to see if a child would learn how to turn on a light box by watching a parent. They found that children who saw a parent use their head to turn on the light box tended to do the task in that manner, but children who had not seen the parent chose a more efficient way, using their hands.[49]

Swimming skill performance[edit]

When adequate practice and appropriate feedback follow demonstrations, increased skill performance and learning occurs. Lewis (1974) did a study[50] of children who had a fear of swimming and observed how modelling and going over swimming practices affected their overall performance. The experiment spanned nine days, and included many steps. The children were first assessed on their anxiety and swimming skills. Then they were placed into one of three conditional groups and exposed to these conditions over a few days.
At the end of each day, all children participated in a group lesson. The first group was a control group where the children watched a short cartoon video unrelated to swimming. The second group was a peer mastery group, which watched a short video of similar-aged children who had very good task performances and high confidence. Lastly, the third group was a peer coping group, whose subjects watched a video of similar-aged children who progressed from low task performances and low confidence statements to high task performances and high confidence statements.
The day following the exposures to each condition, the children were reassessed. Finally, the children were also assessed a few days later for a follow up assessment. Upon reassessment, it was shown that the two model groups who watched videos of children similar in age had successful rates on the skills assessed because they perceived the models as informational and motivational.

Neuroscience[edit]

Recent research in neuroscience has implicated mirror neurons as a neurophysiological basis for observational learning.[51] These specialized visuomotor neurons fire action potentials when an individual performs a motor task and also fire when an individual passively observes another individual performing the same motor task.[52] In observational motor learning, the process begins with a visual presentation of another individual performing a motor task, this acts as a model. The learner then needs to transform the observed visual information into internal motor commands that will allow them to perform the motor task, this is known as visuomotor transformation.[53] Mirror neuron networks provide a mechanism for visuo-motor and motor-visual transformation and interaction. Similar networks of mirror neurons have also been implicated in social learning, motor cognition and social cognition.[54]

See also[edit]

References[edit]

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  34. Jump up ^ Modiano,, Nancy (1973). Indian education in the Chiapas Highlands. New York: Holt, Rinehart and Winston. pp. 33–40. ISBN 0030842379. 
  35. Jump up ^ Gaskins, Suzanne (Nov 1, 2000). "Children's Daily Activities in a Mayan Village: A Culturally Grounded Description". Cross-Cultural Research 34: 375–389. doi:10.1177/10693971000340040. 
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  37. Jump up ^ Children's Initiative in Contributions to Family Work in Indigenous-Heritage and Cosmopolitan Communities in Mexico. (2014). 57(2-3).
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  41. Jump up ^ Slagsvold, Tore (2011). "Social learning in birds and its role in shaping a foraging niche." (PDF). Retrieved Jan 18, 2016. 
  42. Jump up ^ Slagsvold, T.; Wiebe, K. L. (2011). "Social learning in birds and its role in shaping a foraging niche". Philosophical Transactions of the Royal Society B: Biological Sciences 366 (1567): 969–977. doi:10.1098/rstb.2010.0343. 
  43. Jump up ^ Cornell, H. N., Marzluff, J. M., & Pecoraro, S. (2012). Social learning spreads knowledge about dangerous humans among american crows. Proceedings of The Royal Society B: Biological Sciences,
  44. Jump up ^ Claidiere, N.; Sperber, D. (2010). "Imitation explains the propagation, not the stability of animal culture". Proceedings of The Royal Society B: Biological Sciences 277 (1681): 651–659. doi:10.1098/rspb.2009.1615. 
  45. Jump up ^ Altshuler, D.; Nunn, A. (2001). "Obeservational learning in hummingbirds". The Auk 118 (3): 795–799. doi:10.2307/4089948. 
  46. Jump up ^ Herman, L. M. (2002). Vocal, social, and self-imitation by bottlenosed dolphins. In K. Dautenhahn & C. Nehaniv (Eds.), Imitation in animals and artifacts (pp. 63-108). Cambridge: MIT Press.
  47. Jump up ^ Kinnaman, A. J. (1902). Mental life of two Macacus rhesus monkeys in captivity. The American Journal of Psychology, 13, 173-218.
  48. Jump up ^ Fredman, Tamar, and Andrew Whiten. "Observational Learning from Tool using Models by Human-Reared and Mother-Reared Capuchin Monkeys (Cebus Apella)." Animal Cognition 11.2 (2008): 295-309. ProQuest Research Library. Web. 30 Oct. 2012.
  49. Jump up ^ Pinkham, A.M.; Jaswal, V.K. (2011). "Watch and learn? Infants privilege efficiency over pedagogy during imitative learning". Infancy 16 (5): 535–544. doi:10.1111/j.1532-7078.2010.00059.x. 
  50. Jump up ^ Weiss, Maureen et al. (1998). Observational Learning and the Fearful Child: Influence of Peer Models n Swimming Skill Performance and Psychological Responses. 380-394
  51. Jump up ^ Lago-Rodríguez, A.; Cheeran, B.; Koch, G.; Hortobagy, T.; Fernandez-del-Olmo, M. (2014). "The role of mirror neurons in observational motor learning: an integrative review". European Journal of Human Movement 32: 82–103. 
  52. Jump up ^ Rizzolatti, G.; Fogassi, L. (2014). "The mirror mechanism: recent findings and perspectives". Philosophical Transactions of the Royal Society B: Biological Sciences 369 (1644): 20130420. doi:10.1098/rstb.2013.0420. 
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Further reading on animal social learning[edit]

Retrieved from "https://en.wikipedia.org/w/index.php?title=Observational_learning&oldid=704815911"



CRITERION VALIDITY

THE EXTENT TO WHICH A MEASEURE IS RELATED TO AN  OUTCOME

MEASURE – CONSERVATORSHIP LAWS



Criterion validity

From Wikipedia, the free encyclopedia
Jump to: navigation, search
In psychometrics, criterion or concrete validity is the extent to which a measure is related to an outcome. Criterion validity is often divided into concurrent and predictive validity. Concurrent validity refers to a comparison between the measure in question and an outcome assessed at the same time. In Standards for Educational & Psychological Tests, it states, "concurrent validity reflects only the status quo at a particular time."[1] Predictive validity, on the other hand, compares the measure in question with an outcome assessed at a later time. Although concurrent and predictive validity are similar, it is cautioned to keep the terms and findings separated. "Concurrent validity should not be used as a substitute for predictive validity without an appropriate supporting rationale."[1]
An example of concurrent validity is a comparison of the scores of the CLEP® College Algebra exam with course grades in college algebra to determine the degree to which scores on the CLEP are related to performance in a college algebra class.[2] An example of predictive validity is a comparison of scores on the SAT™ with first semester grade point average (GPA) in college; this assesses the degree to which SAT scores are predictive of college performance.[2]

See also[edit]

References[edit]

  1. ^ Jump up to: a b American Psychological Association, Inc. (1974). "Standards for educational & psychological tests" Washington D. C.: Author.
  2. ^ Jump up to: a b "Validity Evidence – Research – The College Board". research.collegeboard.org. Retrieved 2015-09-27. 

External links[edit]



Retrieved from "https://en.wikipedia.org/w/index.php?title=Criterion_validity&oldid=683610398"
 
CONTENT VALIDITY

SOCIAL CONSTRUCT-

IS A THEORY OF OF KNOWLEDGE IN SOCIOLOGY AND COMMUNICATION THEORY THAT EXAMINES THE DEVELOPMENT OF JOINTLY CONSTRUCTED UNDERSTANDINGS OF THE WORLD THAT FORM THE BASIS FOR SHARED ASSUMPTIONS ABOUT REALITY.EXCERPT WKIPEDIA LIBRARY.

PSYCHOMETRICS IS A FIELD OF STUDY CONCERNED WITH THE THEORY AND TECHNIQUE OF PSYCHOLOGICAL MEASUREMENT OF SKILLS AND KNOWLEDGE,ABILITIES,ATTITUDES,PERSONALITY TRAITS AND EDUCATIONAL ACHEIVEMENT :EXCERPT WIKIPEDIA LIBRARY



Content validity

From Wikipedia, the free encyclopedia
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In psychometrics, content validity (also known as logical validity) refers to the extent to which a measure represents all facets of a given social construct. For example, a depression scale may lack content validity if it only assesses the affective dimension of depression but fails to take into account the behavioral dimension. An element of subjectivity exists in relation to determining content validity, which requires a degree of agreement about what a particular personality trait such as extraversion represents. A disagreement about a personality trait will prevent the gain of a high content validity.[1]


On content validity[edit]

Content validity is different from face validity, which refers not to what the test actually measures, but to what it superficially appears to measure. Face validity assesses whether the test "looks valid" to the examinees who take it, the administrative personnel who decide on its use, and other technically untrained observers. Content validity requires the use of recognized subject matter experts to evaluate whether test items assess defined content and more rigorous statistical tests than does the assessment of face validity. Content validity is most often addressed in academic and vocational testing, where test items need to reflect the knowledge actually required for a given topic area (e.g., history) or job skill (e.g., accounting). In clinical settings, content validity refers to the correspondence between test items and the symptom content of a syndrome.
One widely used method of measuring content validity was developed by C. H. Lawshe. It is essentially a method for gauging agreement among raters or judges regarding how essential a particular item is. Lawshe (1975) proposed that each of the subject matter expert raters (SMEs) on the judging panel respond to the following question for each item: "Is the skill or knowledge measured by this item 'essential,' 'useful, but not essential,' or 'not necessary' to the performance of the construct?" According to Lawshe, if more than half the panelists indicate that an item is essential, that item has at least some content validity. Greater levels of content validity exist as larger numbers of panelists agree that a particular item is essential. Using these assumptions, Lawshe developed a formula termed the content validity ratio: CVR = (n_e - N/2)/(N/2) where CVR= content validity ratio, n_e= number of SME panelists indicating "essential", N= total number of SME panelists. This formula yields values which range from +1 to -1; positive values indicate that at least half the SMEs rated the item as essential. The mean CVR across items may be used as an indicator of overall test content validity.
Lawshe (1975) provided a table of critical values for the CVR by which a test evaluator could determine, for a pool of SMEs of a given size, the size of a calculated CVR necessary to exceed chance expectation. This table had been calculated for Lawshe by his friend, Lowell Schipper. Close examination of this published table revealed an anomaly. In Schipper's table, the critical value for the CVR increases monotonically from the case of 40 SMEs (minimum value = .29) to the case of 9 SMEs (minimum value = .78) only to unexpectedly drop at the case of 8 SMEs (minimum value = .75) before hitting its ceiling value at the case of 7 SMEs (minimum value = .99). Whether this departure from the table's otherwise monotonic progression was due to a calculation error on Schipper's part or an error in typing or type setting is unclear. Wilson, Pan, and Schumsky (2012), seeking to correct the error, found no explanation in Lawshe's writings nor any publications by Schipper describing how the table of critical values was computed. Wilson and colleagues determined that the Schipper values were close approximations to the normal approximation to the binomial distribution. By comparing Schipper's values to the newly calculated binomial values, they also found that Lawshe and Schipper had erroneously labeled their published table as representing a one-tailed test when in fact the values mirrored the binomial values for a two-tailed test. Wilson and colleagues published a recalculation of critical values for the content validity ratio providing critical values in unit steps at multiple alpha levels.
The table of values is the following one:
N° of panelists Min. Value
      5              .99
      6              .99
      7              .99
      8              .75
      9              .78
     10              .62
     11              .59
     12              .56
     20              .42
     30              .33
     40              .29

  From:http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.460.9380&rep=rep1&type=pdf

See also[edit]

References[edit]

  1. Jump up ^ Pennington, Donald (2003). Essential Personality. Arnold. p. 37. ISBN 0-340-76118-0. 
  • Lawshe, C.H. (1975). A quantitative approach to content validity. Personnel Psychology, 28, 563–575. doi:10.1111/j.1744-6570.1975.tb01393.x
  • Wilson, F.R., Pan, W., & Schumsky, D.A. (2012). Recalculation of the critical values for Lawshe’s content validity ratio. Measurement and Evaluation in Counseling and Development, 45(3), 197-210. doi:10.1177/0748175612440286

External links[edit]

  • Handbook of Management Scales, a Wikibook containing previously used multi-item scales to measure constructs in empirical management research literature. For many scales, content validity is discussed.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Content_validity&oldid=689033644"



VALIDITY[STATISTICS]

AN EXAMPLE OF AN APPLICATION FOR CONSERVATORSHIP LAW IN FRANKFURT AM MAIN GERMANY IN THE EUROPEAN UNION.

VALIDITY IS THE EXTENT TO WHICH A CONCEPT CONCLUSION OR MEASUREMENT IS WELL –FOUNDED AND CORRESPONDS ACCURATELY TO THE REAL WORLD EXCERPT WIKIPEDIA LIBRARY



Validity (statistics)

From Wikipedia, the free encyclopedia
Jump to: navigation, search
For other uses, see Validity (disambiguation).
Validity is the extent to which a concept,[1] conclusion or measurement is well-founded and corresponds accurately to the real world. The word "valid" is derived from the Latin validus, meaning strong. The validity of a measurement tool (for example, a test in education) is considered to be the degree to which the tool measures what it claims to measure; in this case, the validity is an equivalent to accuracy.
In psychometrics, validity has a particular application known as test validity: "the degree to which evidence and theory support the interpretations of test scores" ("as entailed by proposed uses of tests").[2]
It is generally accepted that the concept of scientific validity addresses the nature of reality and as such is an epistemological and philosophical issue as well as a question of measurement. The use of the term in logic is narrower, relating to the truth of inferences made from premises.
Validity is important because it can help determine what types of tests to use, and help to make sure researchers are using methods that are not only ethical, and cost-effective, but also a method that truly measures the idea or construct in question.


Test validity[edit]

Main article: Test validity

Validity (accuracy) [edit]

See also: Precision and accuracy
Validity of an assessment is the degree to which it measures what it is supposed to measure. This is not the same as reliability, which is the extent to which a measurement gives result that are very consistent. Within validity, the measurement does not always have to be similar, as it does in reliability. However, just because a measure is reliable, it is not necessarily valid (and vice versa). Validity is also dependent on the measurement measuring what it was designed to measure, and not something else instead.[3] Validity (similar to reliability) is a relative concept; validity is not an all-or-nothing idea. There are many different types of validity.

Construct validity[edit]

Construct validity refers to the extent to which operationalizations of a construct (i.e., practical tests developed from a theory) do actually measure what the theory says they do. For example, to what extent is a questionnaire actually measuring "intelligence"?
Construct validity evidence involves the empirical and theoretical support for the interpretation of the construct. Such lines of evidence include statistical analyses of the internal structure of the test including the relationships between responses to different test items. They also include relationships between the test and measures of other constructs. As currently understood, construct validity is not distinct from the support for the substantive theory of the construct that the test is designed to measure. As such, experiments designed to reveal aspects of the causal role of the construct also contribute to construct validity evidence.

Content validity[edit]

Content validity is a non-statistical type of validity that involves "the systematic examination of the test content to determine whether it covers a representative sample of the behavior domain to be measured" (Anastasi & Urbina, 1997 p. 114). For example, does an IQ questionnaire have items covering all areas of intelligence discussed in the scientific literature?
Content validity evidence involves the degree to which the content of the test matches a content domain associated with the construct. For example, a test of the ability to add two numbers should include a range of combinations of digits. A test with only one-digit numbers, or only even numbers, would not have good coverage of the content domain. Content related evidence typically involves subject matter experts (SME's) evaluating test items against the test specifications.
A test has content validity built into it by careful selection of which items to include (Anastasi & Urbina, 1997). Items are chosen so that they comply with the test specification which is drawn up through a thorough examination of the subject domain. Foxcroft, Paterson, le Roux & Herbst (2004, p. 49)[4] note that by using a panel of experts to review the test specifications and the selection of items the content validity of a test can be improved. The experts will be able to review the items and comment on whether the items cover a representative sample of the behaviour domain.

Face validity[edit]

Face validity is an estimate of whether a test appears to measure a certain criterion; it does not guarantee that the test actually measures phenomena in that domain. Measures may have high validity, but when the test does not appear to be measuring what it is, it has low face validity. Indeed, when a test is subject to faking (malingering), low face validity might make the test more valid. Considering one may get more honest answers with lower face validity, it is sometimes important to make it appear as though there is low face validity whilst administering the measures.
Face validity is very closely related to content validity. While content validity depends on a theoretical basis for assuming if a test is assessing all domains of a certain criterion (e.g. does assessing addition skills yield in a good measure for mathematical skills? To answer this you have to know, what different kinds of arithmetic skills mathematical skills include) face validity relates to whether a test appears to be a good measure or not. This judgment is made on the "face" of the test, thus it can also be judged by the amateur.
Face validity is a starting point, but should never be assumed to be probably valid for any given purpose, as the "experts" have been wrong before—the Malleus Malificarum (Hammer of Witches) had no support for its conclusions other than the self-imagined competence of two "experts" in "witchcraft detection," yet it was used as a "test" to condemn and burn at the stake tens of thousands women as "witches."[5]

Criterion validity[edit]

Criterion validity evidence involves the correlation between the test and a criterion variable (or variables) taken as representative of the construct. In other words, it compares the test with other measures or outcomes (the criteria) already held to be valid. For example, employee selection tests are often validated against measures of job performance (the criterion), and IQ tests are often validated against measures of academic performance (the criterion).
If the test data and criterion data are collected at the same time, this is referred to as concurrent validity evidence. If the test data are collected first in order to predict criterion data collected at a later point in time, then this is referred to as predictive validity evidence.

Concurrent validity[edit]

Concurrent validity refers to the degree to which the operationalization correlates with other measures of the same construct that are measured at the same time. When the measure is compared to another measure of the same type, they will be related (or correlated). Returning to the selection test example, this would mean that the tests are administered to current employees and then correlated with their scores on performance reviews.

Predictive validity[edit]

Predictive validity refers to the degree to which the operationalization can predict (or correlate with) other measures of the same construct that are measured at some time in the future. Again, with the selection test example, this would mean that the tests are administered to applicants, all applicants are hired, their performance is reviewed at a later time, and then their scores on the two measures are correlated.
This is also when measurement predicts a relationship between what is measured and something else; predicting whether or not the other thing will happen in the future. This type of validity is important from a public view standpoint; is this going to look acceptable to the public or not?

Experimental validity[edit]

The validity of the design of experimental research studies is a fundamental part of the scientific method, and a concern of research ethics. Without a valid design, valid scientific conclusions cannot be drawn.

Statistical conclusion validity[edit]

Statistical conclusion validity is the degree to which conclusions about the relationship among variables based on the data are correct or ‘reasonable’. This began as being solely about whether the statistical conclusion about the relationship of the variables was correct, but now there is a movement towards moving to ‘reasonable’ conclusions that use: quantitative, statistical, and qualitative data.[6]
Statistical conclusion validity involves ensuring the use of adequate sampling procedures, appropriate statistical tests, and reliable measurement procedures.[7] As this type of validity is concerned solely with the relationship that is found among variables, the relationship may be solely a correlation.

Internal validity[edit]

Internal validity is an inductive estimate of the degree to which conclusions about causal relationships can be made (e.g. cause and effect), based on the measures used, the research setting, and the whole research design. Good experimental techniques, in which the effect of an independent variable on a dependent variable is studied under highly controlled conditions, usually allow for higher degrees of internal validity than, for example, single-case designs.
Eight kinds of confounding variable can interfere with internal validity (i.e. with the attempt to isolate causal relationships):
  1. History, the specific events occurring between the first and second measurements in addition to the experimental variables
  2. Maturation, processes within the participants as a function of the passage of time (not specific to particular events), e.g., growing older, hungrier, more tired, and so on.
  3. Testing, the effects of taking a test upon the scores of a second testing.
  4. Instrumentation, changes in calibration of a measurement tool or changes in the observers or scorers may produce changes in the obtained measurements.
  5. Statistical regression, operating where groups have been selected on the basis of their extreme scores.
  6. Selection, biases resulting from differential selection of respondents for the comparison groups.
  7. Experimental mortality, or differential loss of respondents from the comparison groups.
  8. Selection-maturation interaction, etc. e.g., in multiple-group quasi-experimental designs

External validity[edit]

External validity concerns the extent to which the (internally valid) results of a study can be held to be true for other cases, for example to different people, places or times. In other words, it is about whether findings can be validly generalized. If the same research study was conducted in those other cases, would it get the same results?
A major factor in this is whether the study sample (e.g. the research participants) are representative of the general population along relevant dimensions. Other factors jeopardizing external validity are:
  1. Reactive or interaction effect of testing, a pretest might increase the scores on a posttest
  2. Interaction effects of selection biases and the experimental variable.
  3. Reactive effects of experimental arrangements, which would preclude generalization about the effect of the experimental variable upon persons being exposed to it in non-experimental settings
  4. Multiple-treatment interference, where effects of earlier treatments are not erasable.

Ecological validity[edit]

Ecological validity is the extent to which research results can be applied to real-life situations outside of research settings. This issue is closely related to external validity but covers the question of to what degree experimental findings mirror what can be observed in the real world (ecology = the science of interaction between organism and its environment). To be ecologically valid, the methods, materials and setting of a study must approximate the real-life situation that is under investigation.
Ecological validity is partly related to the issue of experiment versus observation. Typically in science, there are two domains of research: observational (passive) and experimental (active). The purpose of experimental designs is to test causality, so that you can infer A causes B or B causes A. But sometimes, ethical and/or methological restrictions prevent you from conducting an experiment (e.g. how does isolation influence a child's cognitive functioning?). Then you can still do research, but it is not causal, it is correlational. You can only conclude that A occurs together with B. Both techniques have their strengths and weaknesses.

Relationship to internal validity[edit]

On first glance, internal and external validity seem to contradict each other – to get an experimental design you have to control for all interfering variables. That is why you often conduct your experiment in a laboratory setting. While gaining internal validity (excluding interfering variables by keeping them constant) you lose ecological or external validity because you establish an artificial laboratory setting. On the other hand, with observational research you can not control for interfering variables (low internal validity) but you can measure in the natural (ecological) environment, at the place where behavior normally occurs. However, in doing so, you sacrifice internal validity.
The apparent contradiction of internal validity and external validity is, however, only superficial. The question of whether results from a particular study generalize to other people, places or times arises only when one follows an inductivist research strategy. If the goal of a study is to deductively test a theory, one is only concerned with factors which might undermine the rigor of the study, i.e. threats to internal validity.

Diagnostic validity[edit]

In psychiatry there is a particular issue with assessing the validity of the diagnostic categories themselves. In this context:[8]
  • content validity may refer to symptoms and diagnostic criteria;
  • concurrent validity may be defined by various correlates or markers, and perhaps also treatment response;
  • predictive validity may refer mainly to diagnostic stability over time;
  • discriminant validity may involve delimitation from other disorders.
Robins and Guze proposed in 1970 what were to become influential formal criteria for establishing the validity of psychiatric diagnoses. They listed five criteria:[8]
  • distinct clinical description (including symptom profiles, demographic characteristics, and typical precipitants)
  • laboratory studies (including psychological tests, radiology and postmortem findings)
  • delimitation from other disorders (by means of exclusion criteria)
  • follow-up studies showing a characteristic course (including evidence of diagnostic stability)
  • family studies showing familial clustering
These were incorporated into the Feighner Criteria and Research Diagnostic Criteria that have since formed the basis of the DSM and ICD classification systems.
Kendler in 1980 distinguished between:[8]
  • antecedent validators (familial aggregation, premorbid personality, and precipitating factors)
  • concurrent validators (including psychological tests)
  • predictive validators (diagnostic consistency over time, rates of relapse and recovery, and response to treatment)
Nancy Andreasen (1995) listed several additional validators – molecular genetics and molecular biology, neurochemistry, neuroanatomy, neurophysiology, and cognitive neuroscience – that are all potentially capable of linking symptoms and diagnoses to their neural substrates.[8]
Kendell and Jablinsky (2003) emphasized the importance of distinguishing between validity and utility, and argued that diagnostic categories defined by their syndromes should be regarded as valid only if they have been shown to be discrete entities with natural boundaries that separate them from other disorders.[8]
Kendler (2006) emphasized that to be useful, a validating criterion must be sensitive enough to validate most syndromes that are true disorders, while also being specific enough to invalidate most syndromes that are not true disorders. On this basis, he argues that a Robins and Guze criterion of "runs in the family" is inadequately specific because most human psychological and physical traits would qualify - for example, an arbitrary syndrome comprising a mixture of "height over 6 ft, red hair, and a large nose" will be found to "run in families" and be "hereditary", but this should not be considered evidence that it is a disorder. Kendler has further suggested that "essentialist" gene models of psychiatric disorders, and the hope that we will be able to validate categorical psychiatric diagnoses by "carving nature at its joints" solely as a result of gene discovery, are implausible.[9]
In the United States Federal Court System validity and reliability of evidence is evaluated using the Daubert Standard: see Daubert v. Merrell Dow Pharmaceuticals. Perri and Lichtenwald (2010) provide a starting point for a discussion about a wide range of reliability and validity topics in their analysis of a wrongful murder conviction.[10]

See also[edit]

References[edit]

  1. Jump up ^ Brains, Willnat, Manheim, Rich 2011. Empirical Political Analysis 8th edition. Boston, MA: Longman p. 105
  2. Jump up ^ American Educational Research Association, Psychological Association, & National Council on Measurement in Education. (1999). Standards for Educational and Psychological Testing. Washington, DC: American Educational Research Association.
  3. Jump up ^ Kramer, Geoffrey P., Douglas A. Bernstein, and Vicky Phares. Introduction to clinical psychology. 7th ed. Upper Saddle River, NJ: Pearson Prentice Hall, 2009. Print.
  4. Jump up ^ Foxcroft, C., Paterson, H., le Roux, N., & Herbst, D. Human Sciences Research Council, (2004). 'Psychological assessment in South Africa: A needs analysis: The test use patterns and needs of psychological assessment practitioners: Final Report: July. Retrieved from website: http://www.hsrc.ac.za/research/output/outputDocuments/1716_Foxcroft_Psychologicalassessmentin%20SA.pdf
  5. Jump up ^ The most common estimates are between 40,000 and 60,000 deaths. Brian Levack (The Witch Hunt in Early Modern Europe) multiplied the number of known European witch trials by the average rate of conviction and execution, to arrive at a figure of around 60,000 deaths. Anne Lewellyn Barstow (Witchcraze) adjusted Levack's estimate to account for lost records, estimating 100,000 deaths. Ronald Hutton (Triumph of the Moon) argues that Levack's estimate had already been adjusted for these, and revises the figure to approximately 40,000.
  6. Jump up ^ Cozby, Paul C.. Methods in behavioral research. 10th ed. Boston: McGraw-Hill Higher Education, 2009. Print.
  7. Jump up ^ http://www.slideshare.net/JonathanJavid/measurement-validity-and-reliability
  8. ^ Jump up to: a b c d e Kendell, R; Jablensky, A (2003). "Distinguishing between the validity and utility of psychiatric diagnoses". The American Journal of Psychiatry 160 (1): 4–12. doi:10.1176/appi.ajp.160.1.4. PMID 12505793. 
  9. Jump up ^ Kendler, KS (2006). "Reflections on the relationship between psychiatric genetics and psychiatric nosology". The American Journal of Psychiatry 163 (7): 1138–46. doi:10.1176/appi.ajp.163.7.1138. PMID 16816216. 
  10. Jump up ^ Perri, FS; Lichtenwald, TG (2010). "The Precarious Use Of Forensic Psychology As Evidence: The Timothy Masters Case" (PDF). Champion Magazine (July): 34–45. 

External links[edit]

Wikiversity has learning materials about Validity
Authority control
Retrieved from "https://en.wikipedia.org/w/index.php?title=Validity_(statistics)&oldid=703829093"



HEALTH CARE



Health care

From Wikipedia, the free encyclopedia
Jump to: navigation, search
This article is about the provision of medical care. For other uses, see Health care (disambiguation).
"Medical Care" redirects here. For the health journal, see Medical Care (journal).


Weill-Cornell New York-Presbyterian Hospital, white complex at centre, one of the world's busiest
Health care or healthcare is the maintenance or improvement of health via the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in human beings. Health care is delivered by health professionals (providers or practitioners) in allied health professions, chiropractic, physicians, dentistry, midwifery, nursing, medicine, optometry, pharmacy, psychology, and other health professions. It includes the work done in providing primary care, secondary care, and tertiary care, as well as in public health.
Access to health care varies across countries, groups, and individuals, largely influenced by social and economic conditions as well as the health policies in place. Countries and jurisdictions have different policies and plans in relation to the personal and population-based health care goals within their societies. Health care systems are organizations established to meet the health needs of target populations. Their exact configuration varies between national and subnational entities. In some countries and jurisdictions, health care planning is distributed among market participants, whereas in others, planning occurs more centrally among governments or other coordinating bodies. In all cases, according to the World Health Organization (WHO), a well-functioning health care system requires a robust financing mechanism; a well-trained and adequately-paid workforce; reliable information on which to base decisions and policies; and well maintained health facilities and logistics to deliver quality medicines and technologies.[1]
Health care can contribute to a significant part of a country's economy. In 2011, the health care industry consumed an average of 9.3 percent of the GDP or US$ 3,322 (PPP-adjusted) per capita across the 34 members of OECD countries. The USA (17.7%, or US$ PPP 8,508), the Netherlands (11.9%, 5,099), France (11.6%, 4,118), Germany (11.3%, 4,495), Canada (11.2%, 5669), and Switzerland (11%, 5,634) were the top spenders, however life expectancy in total population at birth was highest in Switzerland (82.8 years), Japan and Italy (82.7), Spain and Iceland (82.4), France (82.2) and Australia (82.0), while OECD's average exceeds 80 years for the first time ever in 2011: 80.1 years, a gain of 10 years since 1970. The USA (78.7 years) ranges only on place 26 among the 34 OECD member countries, but has the highest costs by far. All OECD countries have achieved universal (or almost universal) health coverage, except Mexico and the USA.[2][3] (see also international comparisons.)
Health care is conventionally regarded as an important determinant in promoting the general physical and mental health and well-being of people around the world. An example of this was the worldwide eradication of smallpox in 1980, declared by the WHO as the first disease in human history to be completely eliminated by deliberate health care interventions.[4]


Health care delivery[edit]

See also: Health professionals


Primary care may be provided in community health centres.
The delivery of modern health care depends on groups of trained professionals and paraprofessionals coming together as interdisciplinary teams.[5] This includes professionals in medicine, psychology, physiotherapy, nursing, dentistry, midwifery and allied health, plus many others such as public health practitioners, community health workers and assistive personnel, who systematically provide personal and population-based preventive, curative and rehabilitative care services.
While the definitions of the various types of health care vary depending on the different cultural, political, organizational and disciplinary perspectives, there appears to be some consensus that primary care constitutes the first element of a continuing health care process, that may also include the provision of secondary and tertiary levels of care.[6] Healthcare can be defined as either public or private.


The emergency room is often a frontline venue for the delivery of primary medical care.

Primary care[edit]

Main article: Primary care
See also: Primary health care, Ambulatory care and Urgent care


Medical train "Therapist Matvei Mudrov" in Khabarovsk, Russia[7]
Primary care refers to the work of health professionals who act as a first point of consultation for all patients within the health care system.[6][8] Such a professional would usually be a primary care physician, such as a general practitioner or family physician, a licensed independent practitioner such as a physiotherapist, or a non-physician primary care provider (mid-level provider) such as a physician assistant or nurse practitioner. Depending on the locality, health system organization, and sometimes at the patient's discretion, they may see another health care professional first, such as a pharmacist, a nurse (such as in the United Kingdom), a clinical officer (such as in parts of Africa), or an Ayurvedic or other traditional medicine professional (such as in parts of Asia). Depending on the nature of the health condition, patients may then be referred for secondary or tertiary care.
Primary care is often used as the term for the health care services which play a role in the local community. It can be provided in different settings, such as Urgent care centres which provide services to patients same day with appointment or walk-in bases.
Primary care involves the widest scope of health care, including all ages of patients, patients of all socioeconomic and geographic origins, patients seeking to maintain optimal health, and patients with all manner of acute and chronic physical, mental and social health issues, including multiple chronic diseases. Consequently, a primary care practitioner must possess a wide breadth of knowledge in many areas. Continuity is a key characteristic of primary care, as patients usually prefer to consult the same practitioner for routine check-ups and preventive care, health education, and every time they require an initial consultation about a new health problem. The International Classification of Primary Care (ICPC) is a standardized tool for understanding and analyzing information on interventions in primary care by the reason for the patient visit.[9]
Common chronic illnesses usually treated in primary care may include, for example: hypertension, diabetes, asthma, COPD, depression and anxiety, back pain, arthritis or thyroid dysfunction. Primary care also includes many basic maternal and child health care services, such as family planning services and vaccinations. In the United States, the 2013 National Health Interview Survey found that skin disorders (42.7%), osteoarthritis and joint disorders (33.6%), back problems (23.9%), disorders of lipid metabolism (22.4%), and upper respiratory tract disease (22.1%, excluding asthma) were the most common reasons for accessing a physician.[10]
In the United States, primary care physicians have begun to deliver primary care outside of the managed care (insurance-billing) system through direct primary care which is a subset of the more familiar concierge medicine. Physicians in this model bill patients directly for services, either on a pre-paid monthly, quarterly, or annual basis, or bill for each service in the office. Examples of direct primary care practices include Foundation Health in Colorado and Qliance in Washington.
In context of global population aging, with increasing numbers of older adults at greater risk of chronic non-communicable diseases, rapidly increasing demand for primary care services is expected in both developed and developing countries.[11][12] The World Health Organization attributes the provision of essential primary care as an integral component of an inclusive primary health care strategy.[6]

Secondary care[edit]

Secondary care is the health care services provided by medical specialists, dental specialists and other health professionals who generally do not have first contact with patients: for example, cardiologists, urologists, endodontists, and oral and maxillofacial surgeons.
It includes acute care: necessary treatment for a short period of time for a brief but serious illness, injury or other health condition, such as in a hospital emergency department. It also includes skilled attendance during childbirth, intensive care, and medical imaging services.
The term "secondary care" is sometimes used synonymously with "hospital care". However, many secondary care providers do not necessarily work in hospitals, such as psychiatrists, clinical psychologists, occupational therapists, most dental specialties or physiotherapists (physiotherapists are also primary care providers, and a referral is not required to see a physiotherapist), and some primary care services are delivered within hospitals. Depending on the organization and policies of the national health system, patients may be required to see a primary care provider for a referral before they can access secondary care.
For example, in the United States, which operates under a mixed market health care system, some physicians might voluntarily limit their practice to secondary care by requiring patients to see a primary care provider first, or this restriction may be imposed under the terms of the payment agreements in private or group health insurance plans. In other cases medical specialists may see patients without a referral, and patients may decide whether self-referral is preferred.
In the United Kingdom and Canada, patient self-referral to a medical specialist for secondary care is rare as prior referral from another physician (either a primary care physician or another specialist) is considered necessary, regardless of whether the funding is from private insurance schemes or national health insurance.
Allied health professionals, such as physical therapists, respiratory therapists, occupational therapists, speech therapists, and dietitians, also generally work in secondary care, accessed through either patient self-referral or through physician referral.

Tertiary care[edit]



The National Hospital for Neurology and Neurosurgery in London, United Kingdom is a specialist neurological hospital.
See also: Medicine
Tertiary care is specialized consultative health care, usually for inpatients and on referral from a primary or secondary health professional, in a facility that has personnel and facilities for advanced medical investigation and treatment, such as a tertiary referral hospital.[13]
Examples of tertiary care services are cancer management, neurosurgery, cardiac surgery, plastic surgery, treatment for severe burns, advanced neonatology services, palliative, and other complex medical and surgical interventions.[14]

Quaternary care[edit]

The term quaternary care is sometimes used as an extension of tertiary care in reference to advanced levels of medicine which are highly specialized and not widely accessed. Experimental medicine and some types of uncommon diagnostic or surgical procedures are considered quaternary care. These services are usually only offered in a limited number of regional or national health care centres.[14][15] This term is more prevalent in the United Kingdom, but just as applicable in the United States. A quaternary care hospital may have virtually any procedure available, whereas a tertiary care facility may not offer a sub-specialist with that training.

Home and community care[edit]

See also: Public health
Many types of health care interventions are delivered outside of health facilities. They include many interventions of public health interest, such as food safety surveillance, distribution of condoms and needle-exchange programmes for the prevention of transmissible diseases.
They also include the services of professionals in residential and community settings in support of self care, home care, long-term care, assisted living, treatment for substance use disorders and other types of health and social care services.
Community rehabilitation services can assist with mobility and independence after loss of limbs or loss of function. This can include prosthesis, orthotics or wheelchairs.
Many countries, especially in the west are dealing with aging populations, and one of the priorities of the health care system is to help seniors live full, independent lives in the comfort of their own homes. There is an entire section of health care geared to providing seniors with help in day-to-day activities at home, transporting them to doctor's appointments, and many other activities that are so essential for their health and well-being. Although they provide home care for older adults in cooperation, family members and care workers may harbor diverging attitudes and values towards their joint efforts. This state of affairs presents a challenge for the design of ICT for home care.[16]
With obesity in children rapidly becoming a major concern, health services often set up programs in schools aimed at educating children in good eating habits; making physical education compulsory in school; and teaching young adolescents to have positive self-image.

Ratings[edit]

Main article: Health care ratings
Health care ratings are ratings or evaluations of health care used to evaluate process of care, healthcare structures and/or outcomes of a healthcare services. This information is translated into report cards that are generated by quality organizations, nonprofit,consumer groups and media. This evaluation of quality can be based on:
  • Measures of Hospital quality
  • Measures of Health Plan Quality
  • Measures of Physician Quality
  • Measures of Quality for Other Health Professionals
  • Measures of Patient Experience

Related sectors[edit]

Health care extends beyond the delivery of services to patients, encompassing many related sectors, and set within a bigger picture of financing and governance structures.

Health system[edit]

Main articles: Health system and Health systems by country
A health system, also sometimes referred to as health care system or healthcare system is the organization of people, institutions, and resources to deliver health care services to meet the health needs of target populations.

Health care industry[edit]

See also: Health care industry and Health economics


A group of Chilean 'Damas de Rojo' volunteering at their local hospital.
The health care industry incorporates several sectors that are dedicated to providing health care services and products. As a basic framework for defining the sector, the United Nations' International Standard Industrial Classification categorizes health care as generally consisting of hospital activities, medical and dental practice activities, and "other human health activities". The last class involves activities of, or under the supervision of, nurses, midwives, physiotherapists, scientific or diagnostic laboratories, pathology clinics, residential health facilities, patient advocates,[17] or other allied health professions, e.g. in the field of optometry, hydrotherapy, medical massage, yoga therapy, music therapy, occupational therapy, speech therapy, chiropody, homeopathy, chiropractics, acupuncture, etc.[18]
In addition, according to industry and market classifications, such as the Global Industry Classification Standard and the Industry Classification Benchmark, health care includes many categories of medical equipment, instruments and services as well as biotechnology, diagnostic laboratories and substances, and drug manufacturing and delivery.
For example, pharmaceuticals and other medical devices are the leading high technology exports of Europe and the United States.[19][20] The United States dominates the biopharmaceutical field, accounting for three-quarters of the world's biotechnology revenues.[19][21]

Health care research[edit]

Main articles: Medical research and Nursing research
See also: List of health care journals, List of medical journals and List of nursing journals
For a topical guide to this subject, see Healthcare science.
The quantity and quality of many health care interventions are improved through the results of science, such as advanced through the medical model of health which focuses on the eradication of illness through diagnosis and effective treatment. Many important advances have been made through health research, including biomedical research and pharmaceutical research, which form the basis for evidence-based medicine and evidence-based practice in health care delivery.
For example, in terms of pharmaceutical research and development spending, Europe spends a little less than the United States (€22.50bn compared to €27.05bn in 2006). The United States accounts for 80% of the world's research and development spending in biotechnology.[19][21]
In addition, the results of health services research can lead to greater efficiency and equitable delivery of health care interventions, as advanced through the social model of health and disability, which emphasizes the societal changes that can be made to make population healthier.[22] Results from health services research often form the basis of evidence-based policy in health care systems. Health services research is also aided by initiatives in the field of AI for the development of systems of health assessment that are clinically useful, timely, sensitive to change, culturally sensitive, low burden, low cost, involving for the patient and built into standard procedures.[23]

Health care financing[edit]

See also: Health care system, Health policy and Universal health care
There are generally five primary methods of funding health care systems:[24]
  1. general taxation to the state, county or municipality
  2. social health insurance
  3. voluntary or private health insurance
  4. out-of-pocket payments
  5. donations to health charities
In most countries, the financing of health care services features a mix of all five models, but the exact distribution varies across countries and over time within countries.[citation needed] In all countries and jurisdictions, there are many topics in the politics and evidence that can influence the decision of a government, private sector business or other group to adopt a specific health policy regarding the financing structure.
For example, social health insurance is where a nation's entire population is eligible for health care coverage, and this coverage and the services provided are regulated. In almost every jurisdiction with a government-funded health care system, a parallel private, and usually for-profit, system is allowed to operate.[citation needed] This is sometimes referred to as two-tier health care or universal health care.
E. g. in Poland (former communist country) the costs of health services borne by the National Health Fund (financed by all that pay health insurance contributions) in 2012 amounted to 60.8 billion PLN (appr. 20 billion USD). The right to health services in Poland has about 99,9% of population (also registered unemployed persons and their spouses).[25]

Health care administration and regulation[edit]

See also: Health professional requisites
The management and administration of health care is another sector vital to the delivery of health care services. In particular, the practice of health professionals and operation of health care institutions is typically regulated by national or state/provincial authorities through appropriate regulatory bodies for purposes of quality assurance.[26] Most countries have credentialing staff in regulatory boards or health departments who document the certification or licensing of health workers and their work history.[27]

Health information technology[edit]

See also: Health information technology, Health information management, Health informatics and eHealth
Health information technology (HIT) is "the application of information processing involving both computer hardware and software that deals with the storage, retrieval, sharing, and use of health care information, data, and knowledge for communication and decision making."[28] Technology is a broad concept that deals with a species' usage and knowledge of tools and crafts, and how it affects a species' ability to control and adapt to its environment. However, a strict definition is elusive; "technology" can refer to material objects of use to humanity, such as machines, hardware or utensils, but can also encompass broader themes, including systems, methods of organization, and techniques.[citation needed] For HIT, technology represents computers and communications attributes that can be networked to build systems for moving health information. Informatics is yet another integral aspect of HIT.
Health information technology can be divided into further components like Electronic Health Record (EHR), Electronic Medical Record (EMR), Personal Health Record (PHR), Practice Management System (PMS), Health Information Exchange (HIE) and many more. There are multiple purposes for the use of HIT within the health care industry. Further, the use of HIT is expected to improve the quality of health care, reduce medical errors, improve the health care service efficiency and reduce health care costs.

See also[edit]

Portal iconMedicine portal
Portal iconNursing portal
Portal iconHealth and fitness portal
Portal iconSociety portal

References[edit]

  1. Jump up ^ "Health topics: Health systems". http://www.who.int. WHO World Health Organisation. Retrieved 2013-11-24.  External link in |website= (help)
  2. Jump up ^ "Health at a Glance 2013 - OECD Indicators" (PDF). http://www.oecd.org/health/health-systems/health-at-a-glance.htm. OECD. 2013-11-21. pp. 5, 39, 46, 48. Retrieved 2013-11-24.  External link in |website= (help)
  3. Jump up ^ "OECD.StatExtracts, Health, Health Status, Life expectancy, Total population at birth, 2011" (Online Statistics). http://stats.oecd.org/. OECD's iLibrary. 2013. Retrieved 2013-11-24.  External link in |website= (help)
  4. Jump up ^ World Health Organization. Anniversary of smallpox eradication. Geneva, 18 June 2010.
  5. Jump up ^ United States Department of Labor. Employment and Training Administration: Health care. Retrieved June 24, 2011.
  6. Jump up ^ Train for the Forgotten; For Siberia's isolated villagers, the doctor is in the railway car. June 2014 issue National Geographic (magazine)
  7. Jump up ^ World Health Organization. Definition of Terms. Retrieved 26 August 2014.
  8. Jump up ^ World Health Organization. International Classification of Primary Care, Second edition (ICPC-2). Geneva. Accessed 24 June 2011.
  9. Jump up ^ St Sauver JL, Warner DO, Yawn BP, et al. (January 2013). "Why patients visit their doctors: assessing the most prevalent conditions in a defined American population". Mayo Clin. Proc. 88 (1): 56–67. doi:10.1016/j.mayocp.2012.08.020. PMC 3564521. PMID 23274019. 
  10. Jump up ^ World Health Organization. Aging and life course: Our aging world. Geneva. Accessed 24 June 2011.
  11. Jump up ^ Simmons J. Primary Care Needs New Innovations to Meet Growing Demands. HealthLeaders Media, May 27, 2009.
  12. Jump up ^ Johns Hopkins Medicine. Patient Care: Tertiary Care Definition. Accessed 27 June 2011.
  13. ^ Jump up to: a b Emory University. School of Medicine. Accessed 27 June 2011.
  14. Jump up ^ Alberta Physician Link. Levels of Care. Retrieved 26 August 2014.
  15. Jump up ^ Christensen, L.R.; E. Grönvall (2011). "Challenges and Opportunities for Collaborative Technologies for Home Care Work". S. Bødker, N. O. Bouvin, W. Lutters ,V. Wulf and L. Ciolfi (eds.) ECSCW 2011: Proceedings of the 12th European Conference on Computer Supported Cooperative Work, 24–28 September 2011, Aarhus, Denmark (Springer): 61–80. doi:10.1007/978-0-85729-913-0_4. ISBN 978-0-85729-912-3. 
  16. Jump up ^ Dorothy Kamaker. "Patient advocacy services ensure optimum health outcomes". Retrieved 2015-09-26. 
  17. Jump up ^ United Nations. International Standard Industrial Classification of All Economic Activities, Rev.3. New York.
  18. ^ Jump up to: a b c "The Pharmaceutical Industry in Figures" (pdf). European Federation of Pharmaceutical Industries and Associations. 2007. Retrieved February 15, 2010. 
  19. Jump up ^ "2008 Annual Report" (PDF). Pharmaceutical Research and Manufacturers of America. Retrieved February 15, 2010. 
  20. ^ Jump up to: a b "Europe's competitiveness". European Federation of Pharmaceutical Industries and Associations. Archived from the original on 23 August 2009. Retrieved February 15, 2010. 
  21. Jump up ^ Bond J. & Bond S. (1994). Sociology and Health Care. Churchill Livingstone. ISBN 0-443-04059-1. 
  22. Jump up ^ Erik Cambria; Tim Benson; Chris Eckl; Amir Hussain (2012). "Sentic PROMs: Application of Sentic Computing to the Development of a Novel Unified Framework for Measuring Health-Care Quality". Expert Systems with Applications, Elsevier. 
  23. Jump up ^ World Health Organization. "Regional Overview of Social Health Insurance in South-East Asia.' Retrieved December 02, 2014.
  24. Jump up ^ Adamiak, E. Chojnacka, D. Walczak, Social security in Poland – cultural, historical and economical issues, Copernican Journal of Finance & Accounting, Vol 2, No 2, p. 23.
  25. Jump up ^ World Health Organization, 2003. Quality and accreditation in health care services. Geneva http://www.who.int/hrh/documents/en/quality_accreditation.pdf
  26. Jump up ^ Tulenko et al., "Framework and measurement issues for monitoring entry into the health workforce." Handbook on monitoring and evaluation of human resources for health. Geneva, World Health Organization, 2012.
  27. Jump up ^ "Health information technology — HIT". HealthIT.gov. Retrieved 5 August 2014. 

External links[edit]

Library resources about
Health care
Wikimedia Commons has media related to Health care.
Wikivoyage has a travel guide for Travel health.
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Retrieved from "https://en.wikipedia.org/w/index.php?title=Health_care&oldid=703741721"




Compensation of employees

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Compensation of employees (CE) is a statistical term used in national accounts, balance of payments statistics and sometimes in corporate accounts as well. It refers basically to the total gross (pre-tax) wages paid by employers to employees for work done in an accounting period, such as a quarter or a year.
However, in reality, the aggregate includes more than just gross wages, at least in national accounts and balance of payments statistics. The reason is that in these accounts, CE is defined as "the total remuneration, in cash or in kind, payable by an enterprise to an employee in return for work done by the latter during the accounting period". It represents effectively a total labour cost to an employer, paid from the gross revenues or the capital of an enterprise.
Compensation of employees is accounted for on an accrual basis; i.e., it is measured by the value of the remuneration in cash or in kind which an employee becomes entitled to receive from an employer in respect of work done, during the relevant accounting period - whether paid in advance, simultaneously, or in arrears of the work itself. This contrasts with other inputs to production, which are to be valued at the point when they are actually used.
For statistical purposes, the relationship of employer to employee exists, when there is an agreement, formal or informal, between an enterprise and a person, normally entered into voluntarily by both parties, whereby the person works for the enterprise, in return for remuneration in cash or in kind. The remuneration is normally based on either the time spent at work, or some other objective indicator of the amount of work done.
For social accounting purposes, CE is considered a component of the value of net output or value added (as factor income). The aim is not to measure income actually received by workers, but the value which labour contributes to net output along with other factors of production. The underlying idea is that the value of net output equals the factor incomes that it generates. For this reason, some types of remuneration received by employees are either included or excluded, because they are regarded as either related or unrelated to production or to the value of new output.
In different countries, what is actually included and excluded in CE may differ somewhat. The reason is that the way in which workers are compensated for their labour may be somewhat different in different types of economies. For example, in some countries workers get substantial payments "in kind", in others they don't. Systems of social insurance also differ between countries, and some countries have little social insurance. One has to keep this in mind when comparing CE magnitudes for different countries.
A compensation system has to be aligned to the mission, vision, business strategy and organizational structure of a company to design the compensation plan in an efficient way to can achieve the goals. Businesses within the same organization will have different competitive conditions, acquire different business strategies, and design compensation strategies. A general compensation plan consists of three components: a base compensation, rewarding incentives, and indirect compensation in form of benefits.


Inclusions in the statistical concept[edit]

The United Nations System of National Accounts (UNSNA) conceptually includes the following items in the statistical aggregate:
  • Gross wages and salaries earned by employees and payable in cash.
  • cash allowances, overtime pay, bonuses, commissions, tips, and gratuities if paid by the employer to the employee.
  • Remuneration in kind paid by the employer to the employee valued at purchaser's prices, including meals and drinks, personal accommodation, uniforms worn outside of the workplace, vehicles or other durables provided for the personal use of employees, free personal travel, free personal fuel, recreational facilities, transport and parking subsidies, and creches for the children of employees.
  • Real or imputed social contributions and income taxes to government payable by the employee in respect of employment.
  • The value of the social contributions in respect of labor hired, which are paid by employers - these may be actual social contributions payable by employers to social security schemes or to private funded social insurance schemes for employees; or imputed social contributions by employers providing unfunded social benefits.
  • income of students from paid work, including the value they contribute through work for an educational institution.
  • income received by shareholders who are also employees of the corporation, and who receive paid remuneration (e.g. stock options) other than dividends.
  • income by outworkers who are paid by an enterprise for work done.
  • the value of the interest foregone by employers when they provide loans to employees at reduced, or even zero rates of interest for purposes of buying houses, furniture or other goods or services.

Exclusions from the statistical concept[edit]

UNSNA excludes the following items in the statistical aggregate:
  • the value of unpaid voluntary work.
  • income from self-employment (often included in operating surplus or gross profit).
  • income of the unemployed.
  • income of those not in the labor force.
  • the value of work by unpaid family workers.
  • property income as contrasted with labour income.
  • taxes payable by the employer to the government in respect of the total gross salary bill.
  • income of outworkers which consists of entitlements to products or profits of an enterprise. When the outworker is an own-account worker, the payment from the enterprise to the outworker is treated as a purchase of intermediate goods or services (however, self-employed income is not always treated in the same way by different countries).
  • social benefits paid by government to employees (not directly related to the work they do).
  • expenditures made by employees in order to enable them to take up their jobs or to carry out their work, including reimbursement of travel, removal or related expenses made by employees when they take up new jobs or are required by their employers to move elsewhere.
  • expenditures by employees on tools, equipment, special clothing or other items that are needed exclusively, or primarily, to enable them to carry out their work (usually regarded as Intermediate consumption).
  • employee social benefits paid by employers in the form of children's, spouse's, family, education or other allowances in respect of dependents.
  • Payments made at full, or reduced, wage or salary rates to workers absent from work, because of illness, accidental injury, maternity leave, etc.

See also[edit]

References[edit]

  • 1993 UNSNA standard [1]
  • "Compensation of Employees in Balance of Payments Statistics" [2]
  • OECD sources and definitions for labor compensation [3]
  • Bert Theeuwes, Compensations & Benefits in Belgium [4]
  • Edgar Z. Palmer, The meaning and measurement of the national income, and of other social accounting aggregates.
  • M. Yanovsky, Anatomy of Social Accounting Systems.
  • Anwar Shaikh & Ahmet Ertugrul Tonak, Measuring the Wealth of Nations. CUP.
  • Paul Studenski, The Income of Nations; Theory, Measurement, and Analysis: Past and Present. New York: New York University Press, 1958.
  • Zoltan Kenessey (Ed.), The Accounts of Nations, Amsterdam IOS, 1994.

External links[edit]

Retrieved from "https://en.wikipedia.org/w/index.php?title=Compensation_of_employees&oldid=680606249"



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