External/Internal Factors Paper Essay

The Frito-Lay is a worldwide recognized organization that began from the union of two companies in 1961. Within this organization, management has had to deal with internal and external factors that affect the four fundamental functions of management: planning, organizing, leading and controlling. Globalization, technology, innovation, diversity and ethics have also had their impact on the four functions of management in the Frito-Lay organization. Managers for the Frito-Lay organization have found ways to use delegation to manage the different factors and functions and perform in an effective and efficient way. The planning function of an organization is important because it involves determining the goals for the success of the company. An internal factor that may affect the planning function of management at the Frito Lay organization is attention to competitors. When Frito-Lay plans to incorporate new ideas and demands, they look to the competitors for insight of how to approach th ese new ideas in a positive and well-thought out process. According to Leyla Norman, â€Å"a hurried entrance into a new market can cost the company money in the long run and not make full use of managers’ planning abilities† (Norman, 2004). This means that if the Frito-Lay organization does not take the planning process into full advantage when rushing to compete with other companies, they could end up losing instead of gaining profits and customer preference. An external factor that could affect the planning function of management is the economy. While determining the goals of the organization, the economy plays large role. When the economy is not at a high point, planning within the Frito-Lay company may be â€Å"stopped, adjusted or taken in a new direction† (Norman, 2004). As the economy recovers planning may be resumed as needed. The organizing function of management involves â€Å"assembling and coordinating the human, financial, physical, informational and other resources needed to achieve goals† (Bateman & Snell, 2011). An internal factor that could affect the Frito-Lay company is a financial necessity. If funds are not  available to pursue and achieve the plans of the organization, then it could affect the realization of the goals for the company. An external factor that could affect the organizing function within the Frito-Lay company may be any new technological advance. If the Frito-Lay company is not up-to-date with their technological capabilities, this could affect the implementation of the goals mapped out in the planning function. The leading function is described by Bateman and Snell as â€Å"stimulating people to be high performers† (Bateman & Snell, 2011). A factor that could internally affect Frito-Lay management in the leading function could be lack of employee performance. If employees do not have the motivation to achieve the goals of the organization, the whole company could suffer. An external factor that could potentially affect the organization and management of Frito-Lay is ethical issues. When there are ethical issues outside of an organization, it could affect the company in a negative way. This could be a major reason that Frito-Lay creates opportunities and depends on the â€Å"minority and women-owned entrepreneurs (M/WBEs)† (Frito-Lay, 2014). In the controlling function of management, performance is closely monitored and changes are implemented as necessary. When employees deviate from the established performance standards, an internal factor that could affect the management function is a conflict of interest. When there are conflicts of interests, such as family relationships, it could internally affect the performance monitoring. An external factor that could affect the controlling factor in the Frito-Lay company could be labor laws. Although Frito-Lay has standards of performance and expectations, they must still comply with labor laws as they are established for the safety and security of employees. There are many internal and external factors that impact the leading function of management. One internal factor that impacts it is employee morale. â€Å"Morale is defined as the end result of many factors present in the workplace environment.† (Javitch, 2005). Morale can make or break any business. If your employees have poor morale, it will affect customer service and customer satisfaction which is the key component to businesses. Competition is an external factor that can impact the leading function of management. If there is an outside company that is doing better than yours, it can discourage employees and supervisors as well. This can lead to poor attitudes and morale in the workplace which then turns into  internal issues for that company. An internal factor that impacts the controlling function of management is technology. Having up to date technology can help improve things ranging from order accuracy to financial management which are both essential things for Frito-Lay as they are a very large corporation with consumers around the world. The economy is an external factor that impacts the controlling function of management. The economy affects their profitability and competition as well. The economy’s condition could potentially impact their sales and profitability. â€Å"Globalization is an elimination of barriers to trade, communication, and cultural exchange. The Theory behind globalization is that the worldwide openness will promote the inherent wealth of all nations.† (Jones, 2014). Globalization impacts all four functions of management. Globalization opens the doors for more business opportunities around the world and increases management globally. It allows production to increase and allows employees to transfer to other positions within the company to other locations around the world. Globalization also increases competition due to the increase in an increase in customer base. Larger customer bases increase the profitability of businesses. Not having globalization previously would decrease the values of products due to their limit of customers. It increases a company’s ability to compete worldwide instead of limiting it to its country of origin which also increases profitability. The four functions of management that are impacted in the technological sense would be planning, leading and controlling Utilizing the function of management process within the Frito-Lay’s organization has made it one of the most popular and long standing companies in the snack food industry. How they plan, organize, lead and control is important to the continued success of the organization. Because of the large scale volumes they have to produce and distribute efficiently and continuously to all their customers they have to utilize the planning process in order to stay in the competitive market they are in. They also have to look for new and better ways to process their product. Frito-Lay is in a competitive industry and they always need to know what technology is available to them that when used it saves cost and increases productivity. When implementing new technology you have to ensure that those leading and controlling the  employees have knowledge of the new technology. Frito-Lay also has to ensure that those operating or involved with the new equipment are trained well and capable of continuing to do the job they were previously doing, but better. When they implemented new packing equipment in their Kern County facility, they ensured that everyone was trained. Because the equipment was to eliminate jobs the managers communicated with the employees and assured them they would avoid lay-offs. (Mohsen & Grijalva, 2001). With the management functions used and a good management team in place they were able to implement the new equipment and improve productivity by 30% on the line. (Mohsen & Grijalva, 2001). Innovation is defined by Merriam-Webster as, â€Å"The act or process of introducing new ideas, devices and methods.† (Innovative, 2014) With innovation comes change. Since innovation has an impact on the leading and controlling portion of the functions of management, management has to have an open line of communication in order to hear new ideas that their employees may have. The more involved Frito-Lay allows their employees to be, the more opportunity they have to receive and enact their innovative ideas. It is important that an organization utilizes the knowledge and experience of their resources by encouraging them to change methods that may work better than what has been done in the past. Frito-Lay is a diverse organization with their workforce as well as the products they offer their customers. Diversity also impacts the leading and controlling functions of management. Communication and networking are important aspects of a diverse organization also, because they allow people to interact with others that they may not normally interact with. Diversity has allowed Frito-Lay to be successful in the global pursuit of introducing their products as well. When transitioning into another country they utilize someone that is familiar with the market and culture to ensure a smoother transition into that particular market. As far as the diversity of their products they are currently conducting a contest to find new flavors for their chips in an effort to diversify their product even further. With all the misconduct that occurs in the business world, ethics is an important factor that can impact all the functions of management. In all aspects an organization has to avoid unethical behavior within the business they conduct, how the deal and address their employees and customers. Because of the products that are available through Frito-Lay management has to concern  themselves with the employees behaving in an ethical manner as well. To ensure that the employees know and understand the ethical implications that can occur, they are required to attend an ethics course and sign a certification that they have done so on a yearly basis. Frito-Lay has to take all precautions in avoiding unethical behavior throughout their organization. The top managers over at Frito Lay © over see many parts of their overall organization. They continuously have to adapt to different factors that may arise, excel in efficiency, excel in effectiveness, and monitor daily operations. It would be almost impossible for one person to do all of these functions, while planning strategies for existing goals and new ones. In order for a manager to accomplish all of these objectives they must delegate their work to their subordinates. Using delegation has many advantages that help the mana ger and their subordinates. For top managers, they are able to take on more of the strategic planning of the company than the operational managing. The sixteen executive managers of Frito Lay © that oversee different divisions of the company cannot possibly specialize in each part of the department (Frito Lay 2014) They must delegate the work out to middle managers and line managers in order to complete operational tasks and planning. These levels of management have a more intimate knowledge of their division or department (Bateman 2011). A manager in marketing may have a clearer understanding of globalization and how to reach an international market. Managers in human resources or compliance will have a more precise view of ethical dilemmas could arise. Although upper management might be delegating out their work, they still have a final say on what choice to make. This makes the final responsibility land on the upper management. Managers must be adaptive to all the different factors that come up in business. The world market is a continuously changing and growing environment. In order for a business to survive in this environment the managers that are employed must recognize the issues that could arise and know how to adapt to them. External issues could range from global economic changes to environmental changes that limit resources. Some internal issues that should be considered could involve the growth of the company. Recognizing the company has out grown its current structure will allow managers to implement a new structure that will fit the growing company  better. Management will always need to know how to adapt to these changes as well consider them in their overall planning, organizing, leading, and controlling. Changing environments can shift how a manager views their own organization and how it is standing up against its competition. Sometimes, though, management needs to use their most crucial resource as efficiently as possible. This resource would be time, and a manager needs to use this resource as wisely as possible. In order to free up managers they have to delegate their work amongst their subordinates. Delegating their work frees them up to make all of the important planning that will guide the organization to their next achievement.

Marketing and Woolworth

What you have to do For this assignment, you are required to: Research into an organisation that you are familiar with Collect relevant information for use in completing the tasks of this assignment To perform the tasks satisfactorily, you need to conduct extensive secondary research using search engines, the useful websites in the Appendix of OTEN learning resources and any other relevant sources of information. This assignment continues from Assignment 1. You may need to refer to Assignment 1 to complete the following four tasks.Suggested response length: 8-10 pages Tasks Task 1 (25 marks) Describe the implementation of a recent marketing program or a marketing plan of the organisation. You are required to describe broad and specific action programs (what, when, who and how) with reference to the marketing mix elements. Woolworth is a retail primary activity in supermarket and has a portfolio business which is similar to wesfarmers, like BIGW, petrol and liquor stores bonds, it is a big huge range of consumer favourite brands.It is a big competition industry and need a cost leadership implementation plan for the company to success and achieve their mission and goals. in Sydney . Woolworth company has the board ,of directors act in behalf of share holders in supervising. And managing is to planning and managing a good plan for marketing to be always the company to be a fresh food people. the implementation plan for Woolworth is to focus on some areas in company like water , sourcing, packaging, waste and green stores plus challenges and opportunities to way forward including our target . he measurement of our environmental by rhe mission from farm to market , from market to distribution centre, from distribution to store from store to home . the sustainability strategy for Woolworth to give the importance issue to the business feedback reciving from stakeholders . woolworth commitments, policies and performance details on our corporate responsibility in Woolwo rth website. This strategy will help to make environment issues with the work that Woolworth mangemnt are already doing around the economic and social impact for the company . Working group to develop Woolworth strategy to energy and green house . sustainable transport targets ,waste, packaging and water. The groups come from all different places of the business to establish the implication and practical consideration behid the commitments and targets * http://www. woolworthslimited. com. au/icms_docs/130514_Doing_the_Right_Thing. pd Rom Marketplace, Shareholders, government suppliers, customers Workplace Employee Environment CO, energy, water, waste, resources, biodiversity To create a trade mark (brand, logo, etc. , and have it registered (protection of Intellectual property rights www. ipaustralia. gov. au) > product/brand manager > Consultation with company lawyers, external consultants and major stakeholders (if need be) > Registration on/before end of September. 2. The product should be available for despatch to retailers by the end of December * Product : Woolworth has a modern organization focus on marketing efforts on their customers to give the consumer a health and fresh brand to use on their good brand , Woolworth management has a new product call whatMacro Wholefoods it is a market brand organic for almonds and semolina and walnuts ec†¦ macro organic the new range of products has a gluten free and that is very safety and healthy for any family in health issues . who Woolworth manager proud to bring macro wholefoods in market. Woolworth is a big local business employer of more than 192,000 people and committed their own suppliers , producers and manufactures. there is board of directors in Woolworth this board role is to represent and serve interests of shareholders by overseeing and assess value and quality of the company .Management board to take responsibility and right decisions across the company brand . what to buy what to brand is good for marketing in Woolworth companies . how Woolworth limited managers are best Australian organised and trusted for the good brand and fresh brand by with constantly checking if suite to consumer what is need to be in market how the quality should be and any effects for this kind brand what the effect should be a date on packaging when should be eating and when is ending date . packaging to be safety and good looking plus easy to use . very product should registered a trade mark for any new brand in market paid the fees for new brand and application to go through to completed . the consultation for the brand company will check if this new macro product will suit Woolworth production system . it is an enough f program for this macro product against any competition funding available to develop new macro product . ( peter mix page 259 ) when the product application start in 4/2/2009 and should be end it three month later around 4/5/2009 has to be ready for pricing and prepare to be in market .Determine and finalise the price list for retailers > marketing manager > based on info from sales people + industry info from MKIS, relevant macro-environmental Factors > price list ready for retailers on/before October 2. Determine pricing strategies > marketing manager > feedback from salespeople + Nature of product, marketing objectives, etc. > by the end of August Pricing : pricing is very important elements in marketing mix or any new product in market price should be clear to customer and also match the quality of the product . arketing manager for Woolworth will determine the price of the product by the cost and company position in market and what level of competition in market for this product . there is many competitors in pricing by auction markets there is many sellers to buy the product through the websites from different company . there is a costs , positioning and competition in each market that is why manager in Woolworth should depending in how and where mar ket the product price and what value . And understanding the customers and consumers better, to improving product according to their needs. t html http://www. woolworths. com. au/wps/wcm/connect/Website/Woolworths/Our+Brands/Macro Determine distribution strategies (selective, intensive, etc. ) > marketing manager + marketing/sales team > based on market coverage, competition, cost of distribution, etc. > on/before 30 September 2. Determine channel management strategies > marketing director > in consultation with marketing/sales people, relevant stakeholders, etc. gt; on/before 30 September http://www. woolworths. com. au/wps/wcm/connect/website/woolworths/abou What will be carried out? Woolworth called fresh food people has a good low prices for food and grocery all family need it in store , includes vegetable , meats , groceries items and packaged, liquor in different brand , petrol, general merchandise plus home improvement and hotels http://www. woolworthslimited. com. au/page/Wh o_We_Are/Our_Brands/ Who is responsible?Woolworth company has the board ,of directors act in behalf of share holders in supervising. Company supervising and managing is to planning plus managing a good plan for marketing * . there is board of directors in Woolworth this board role is to represent and serve interests of shareholders by overseeing and assess value and quality of the company . * Management board to take responsibility and right decisions across the company brand . what to buy what to brand is good for marketing in Woolworth companys .How it is done: Woolworth is a big local business employer of more than 192,000 people and committed their own business of many thousands local farmers, producers and manufactures. When it should complete: Promotion: 1. Salespeople to call on all retailers and secure orders for production > sales manager/sales people > develop a customer call plan that covers all sales territories + info from MKIS, etc. > before November 2. Develop a adver tising media schedule > advertising/marketing manager > based on ad budget, types of media options, etc. gt; by the end of November People: Physical process: Physical evidence: 4Ps or 7P depending on the nature of the products or services Task 2 (25 marks) Identify and describe two sales forecasting techniques that could be used by the organisation or in the industry. You can use two of the following sales forecasting techniques: Market build-up method Survey of buyers' intentions Composite of sales force opinions Expert opinion Delphi method Regression analysis or any appropriate techniques. Critically evaluate the two sales forecasting techniques.Task 3 (20 marks) Identify and describe four financial ratios used for measuring and monitoring the performance of the marketing program or the marketing plan of the organisation. Relate your discussion to any relevant marketing mix elements. Task 4 (30 marks) Describe five evaluation and monitoring control methods for the marketing progr am or the marketing plan of the organisation. You need to demonstrate your skills and knowledge of marketing metrics, financial metrics and benchmarking industry best practices based on reliable sources of secondary information.

The Process Of Emotional Management - 1268 Words

As with friendship, it is difficult to describe and analyze emotions without the discussion of Aristotle. He again pioneered the way of our understanding of emotions throughout his dedication to rhetoric as judgment, his concern for the subject provided an opportunity to develop sustained thoughts about emotions (Leighton, p. 144). The process of emotional management will consider heavily the need for emotional intelligence and a deeper understanding of a leader’s emotions, and the emotions of his or her surrounding leaders and followers. The following quote, which was translated from Aristotle’s writings, infers that all of our emotions move people, and specifically leaders, towards a particular judgment, including the severity of the judgment or the direction of the overall judgment of leaders. â€Å"For it does not seem the same according as men love or hate, are wrathful or mild, but things appear altogether different, or different in degree; for when a man loves on whom he is passing judgment, he either thinks the accused has committed no wrong at all or that his offense is trifling; but if he hates him, the reverse is the case. And if a man desires anything, and has good hope of getting it, if what is to come is pleasant, it seems to him that it is sure to come to pass and will be good; but if a man is unemotional or in a bad humor, it is quite the reverse† (Leighton, p. 144). Aristotle’s description of emotions, and how they impact our judgments, widens the scope of ourShow MoreRelatedEmotional Intelligence Essay1188 Words   |  5 Pagesthese emotions because they have a direct effect on how we deal with issues at work. Individuals can work their way through this process by becoming aware of the importance of emotional intelligence. Emotional intelligence is sometimes referred to as EI or EQ. In their article, Colfax, Rivera Perez (2010) stated that â€Å"Regardless though of how it is referred to, emotional intelligence (EQ) is concerned with understanding oneself and others, relating to people, and adapting to and coping with theRead MoreManagement Is An Essential Aspect892 Words   |  4 PagesEmotional Intelligence By Morgan D Dec 3, 2012 Copyright (c) 2012 Morgan D Management is an essential aspect in the running of any organization in the world. Despite the nature, size or location of an organization, sound management is an essential ingredient to ensure that the organization achieves its mission, goals and objectives. Management is therefore the process through which an organization is capable of achieving desirable outcomes by influencing the behaviour and activities of individualsRead MoreUnderstanding Of Emotional Intelligence, Organizational Leadership, And Workplace795 Words   |  4 Pages(2012), exited the organization. In addition to this critical loss, the remaining employees were left to perform business as usual. Downey (2011) indicated that emotional intelligence, organizational leadership, and workplace culture are directly linked to how employees relate to the leaders of an organization. The understanding of emotional intelligence, its components and a comparable leadership style such as transformational leadership is vital to the success of an organization. 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According to Scriven and Paul (1987) critical thinking is the intellectually disciplined process of actively and skillfully conceptualizing, applying, analyzing , synthesizing, and/or evaluating information gathered from, or generated by, observation, experience, reflection, reasoning, or communication, as a guide to belief and action. In a simplistic viewRead MoreThe United Kingdom Should Remain A Member Of The European Union1586 Words   |  7 Pagesmaking process The purpose of this assignment is to discuss and analyse if the United Kingdom should remain a member of the European Union or if they should leave. And to also discuss the decision making process used in analysing the assignment. Decision making is the process of making choices by setting goals, gathering information, and assessing alternative occupations. Diagram of decision making you realize that a decision must be made. 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All About Cbest Writing Prompts

All About Cbest Writing Prompts Your paper does not need to be ideal. Should you do the writing before other sections, don't dwell on what you might think is a poor paper. Make notes or an outline before you commence writing. Practice writing in cursive by means of a pencil. If you're stuck on writing, go on to a different section you haven't finished, or review a section you've got. No particular content-area knowledge is needed to finish the writing assignments. Choose whichever side is easier that you compose an essay on. The second sort of essay that you'll have to write for the test is the expository kind of essay. The Fundamentals of Cbest Writing Prompts Revealed 1 essay will ask you to compose an analysis of a certain situation or statement. Neither topic demands any advanced, specialized understanding. The questions are presented as word difficulties and will request that you address mathematical difficulties. The majority of the questions are presented as word troubles. It's among the ways candidates can satisfy the fundamental skills requirement for teacher certification. A candidate may take any 1 subtest or all subtests in one session. He will be asked to review exhibits and provide a written analysis of a hypothetical situation. The absolute most crowded channel is the hardest spot to become noticed. Each sample test is going to be graded by the computer and you'll have the chance to find the way in which each product is correctly answered. Our completely free CBEST sample tests give you a chance to evaluate how well you're ready for the true test, and concentrate on the regions you require work on. This test is just about content. Each section starts with the information and abilities needed. No is surprised this test is all about only the content. There are plenty of instructions given to steer you through the test. If you gain from these types of materials, just click the hyperlink below! `Roses are among the most recognized sorts of flowers. You do not need to be technical, but use a number of words. Or draw a name from a hat. Quite simply, avoid utilizing the word you. You'll limit your choices and boost your probability of getting the right answer. Take 10 minutes and earn a list of all you know a lot about. There are lots of guides available at websites including www.amazon.com. For that reason, it's more difficult to idolize and consider someone a hero once we are older. What the In-Crowd Won't Tell You About Cbest Writing Prompts You'll be allowed 4 hours to take the comprehensive exam. You're going to be given 30 minutes to finish each assignment. Said why not compose an hour. Think of all of the hot educational topics the last few years. Whispered Cbest Writing Prompts Secrets When the test day arrives you are going to have no surprises! Paper-based scores take approximately 3 weeks. The score for the whole test is figured by adding the individual test scores from the 3 sections. To pass the test, you require a whole score of 123 for all 3 sections. Imagine that you're a school principal faced with the job of making policy for your school. In the 2nd prompt, you'll have the opportunity to write about a one of a kind personal experience. Other individuals believe the minimum wage is too low to support a loved ones and must be raised to keep yourself updated with the price of living. The minimum wage in the united states has become the topic of debate for several years. Write about the guy who has had the best influence on your life. It's normal to forget how far you've come in life. To tell the truth, life is nothing like the movies. Write about your function in your family members.

The Impact Of Diversity On The Hrm Function Of Recruitment

Men, women, Lesbian Gay Bisexual and Transgender (LGBT) individuals, people of color, and young and old individuals all bring their own diversity. America is filled with diverse individuals. Along with this increase of diversity in the nation, there is an increase of diversity in the workforce. The workforce is becoming more diverse throughout the years, and HRM needs to figure out how to manage the diversity. If diversity is not managed correctly, HRM can face negative media and potential lawsuits. Diversity impacts HRM because if it is managed correctly, it can prove to be the strength of a company and if managed incorrectly it can lead to discrimination issues. If diversity has been the strength of America, it can become the strength of the workforce as well. Diversity affects the HRM function of recruitment. When HRM recruits from a diverse pool of individuals, there are higher chances of selecting individuals with more potential and talent. The viewpoint that an increase in diversity increases performance effectiveness is gaining support because of the talent shortage and an increasingly diverse customer base (McMahon, 2010). Diversity brings forth more options to choose from so HRM does not have to forcefully select a candidate simply because it has to fill a position that is open. HRM can choose a candidate that not only meets the minimal requirements for the job, but can bring more to the company as well. Employee relations is another crucial function of HRM, andShow MoreRelatedThe Challenges Of Human Resource Management872 Words   |  4 Pagesconsiderable impact on human resource management. One of the greatest challenges that human resource management faces in terms of workplace globalization is workplace diversity. 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HRM is the function within an organization that focuses on recruitment, management and providing direction for the people who work in the organization with the selection of employee, providing proper orientation and induction, providing proper training and the developing skills, assessment of employee (performance of appraisal), providingRead MoreFunctional Areas Of Human Resource Management1583 Words   |  7 PagesKey Functional Areas Human resource management role is to plan, administer, and develop programs and policies that are designed to make efficient use of human resources of an organization. HRM is concerned with the people that are employee and their relationship within an organization. Objectives of HRM are utilization of human resources effectively, maximum development of individual and establishing desirable working relationships among all workers. Human resource management concept indicates thatRead MoreA Brief Note On Race And Gender, And The Family Medical Leave Act Essay1493 Words   |  6 Pagesrace and gender are what most people think of about diversity, the HR team must be more knowledgeable than just the obvious about diversity including additional legislation. For instance, the Age discrimination in Employment Act, the Americans with Disabilities Act, and the Family Medical leave Act are just a few of the legalities that HR needs to implement into their organization. Another consideration for HRM is modifications regarding recruitment strategy such as reaching out to historically blackRead MoreFactors Influencing Hrm3688 Words   |  15 PagesAbstract The following essay is an effort to understand the notion that human resource functions cannot be performed in isolation. There is an intense need to identify the external and internal factors that influence the HRM functions and practices. The essay also identifies how successful companies like Nokia, Sony, Panasonic, Ikea, Commonwealth bank, have managed the impact of various internal and external factors to become leaders in their industry. Human resource management has achieved significantRead MoreHuman Resource Management ( Hrm ) Essay1193 Words   |  5 Pages â€Å"Human Resource Management (HRM) is the function within an organization that focuses on the recruitment of, management of, and providing direction for the people who work in an organization† (Heathfield ?). 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Wendy sRead MoreCase Study : My Assigned Parts 1383 Words   |  6 Pagesproducts i.e. Air conditioners, as it fulfil the basic need of customers to provide them comfort in hot weather circumstances. Whereas, the unavailability of spare parts shows company’s inadequate services for their customers and leads to a negative impact on company’s reputation and other potential losses. Providing better after sale services having standard maintenance is the key factor to attain customer satisfaction and become prestigious company in the business market. 4. Key Issues There

Rules of Court Parts of a Pleading Essay Example For Students

Rules of Court: Parts of a Pleading Essay This is based on Sec. 1 of Rule 7 that provides: The title of the action indicates the names of the parties. They shall all be named in the original complaint or petition, but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties. In Galling, et al. V. Roars, G. R. No. 147969, Jan. 17, 2005, the caption of the complaint: Heirs of Marino Roars, represented why Reginald S. Roars, as plaintiffs was held insufficient because it did not state the names of the heirs of Marino Roars, b) Body, The body of the pleading sets forth its designation, the allegations to the pars claims or defenses, the relief prayed for, and the date f the pleading. C) Signature. Every pleading must be signed by the party or his council. D) Address. The address is required for service of pleadings, judgments, etc. , and therefore it should not be a post office box. E) Verification. But pleadings need not be verified, unless specifically required by law or rule. ) Certification against forum shopping. This certification is required in complaints or other initiatory pleadings. 2. How is a pleading verified? A pleading is verified b y an affidavit that the faint has read the pleading and that the allegations therein are true and correct of his personal knowledge or eased on authentic records. Verification based on information and belief or on knowledge, information and belief is insu fficient. (Rule 7, Sec. 4) 3. What pleadings, petitions, or applications are required to be verified? We will write a custom essay on Rules of Court: Parts of a Pleading specifically for you for only $16.38 $13.9/page Order now The following are required to be verified: a) All pleadings allowed to be filed in cases governed by the Rule on Summary Procedure; b) Petition for Certiorari; c) Petition for Prohibition; d) Petition for Mandamus; e) Petition for Quo Warrant, f) Complaint for Expropriation; g) Petition tort Contempt, when the proceeding for contempt is initiated other Han by the court motto priori; h) Petition for Review to be filed with the Court of Appeals Linden Rule 42; i) Petition for Review on Certiorari to be tiled with the Supreme Court under Rule 45; j) Petition for Relief from judgment; k) Application for the Issuance of a TROT and/or Writ of Preliminary Injunction; l) Application for Receivership; m) Application for Support Pendent Elite; n) Petition for Change of Name; o) Petition for Writ of Habeas Corpus; p) Petition for Writ Of Impart; q) Petition for Writ of Habeas Data; r) Petition for Cancellation or Correction Of Entries in the Civil Registry; QUESTIONS AND ANSWERS IN REMEDIAL LAW s) Petition for Constitution of Family Home; t) Petition for Annulment of Judgment; u) Petition for Declaration of Absolute Nullity of Void Marriage; v) Petition for Annulment of Avoidable Marriage; w) Petition tort Legal Separation x) Petition for Guardianship off Minor. 4. Section 3, Rule 7 requires that a pleading must be signed by the party or counsel representing him xx x. What is the nature of counsels authority and duty to sign a pleading? Counsels authority and duty to sign a pleading is personal to him; therefore, he cannot delegate such authority to just any person. Republic of the Philippines Generic Development Corporation, GA No. 149576, Gag. 8, 2006. ) Thus, a pleading signed by a person other than the party of his counsel may be treated as an unsigned pleading that produces no legal effect. (Sec Rule 7. ) 5. When may a pleading be treated as an unsigned pleading? A pleading requires to be verified Which contains a verification based on Information and belief, or upon wangled, information and belief, or lacks a proper verification, shall be treated as an unsigned pleading. (Rule 7, Sec. 4) 6. What is the effect of an unsigned pleading? An unsigned pleading produces no legal effect. The court may, however. Allow such deficiency to be remedied if it appears that the same was due to mere inadvertence and not intended for delay. (Rule 7, Sec. 3) 7. What is the effect of a complaint filed by one who claims to represent a party as plaintiff but who, in fact, is not authorized to do so? It has no legal effect. In Manila International Airport Authority V, Riviera Village Less Homeowners Association, Inc. , GAR. No. 143870, Septet. 30, 2005, the Supreme Court, citing Aaron V, Realer, GAR. No. 159156, Jan. 31, 2005, said: The party bringing suit has the ruder to proving the sufficiency to the representative character that he claims. If a complaint is filed by one who claims to represent a party as plaintiff but who, in fact, is not authorized to do so, such complaint is not deemed filed and the court does not acquire jurisdiction over the complaint, It must be stressed that an unauthorized complaint does not produce any legal effect. 8. In relation to pleadings, what are the grounds upon which a partys counsel may be subjected to appropriate disciplinary action? The grounds are: a) If he deliberately files an unsigned pleading: b) If he signs a pleading in violation of the rule; ) If he alleges scandalous or indecent matter in the pleading; d) If he fails to promptly report to the court a change Of his address. Rule 7, Sec. 3) 9. Defendant filed a motion for extension Of time to file answer. He, himself, signed his own motion. The court denied defendants motion on the ground that Without the signature Of a lawyer thereon it was a mere scrap Of paper that did not deserve any attention. Is the court correct? No, the court is not correct. A party may sue or defend an action pro SE because the rule allows him to sign his own pleading. Rule 7, Section 3 provides that every pleading must be signed y the party or counsel representing him. 10. What does a counsels signature on a pleading constitute? (or, What is the significance off counsels signature on a pleading? .ue67072e75f675d646e7f454173482c45 , .ue67072e75f675d646e7f454173482c45 .postImageUrl , .ue67072e75f675d646e7f454173482c45 .centered-text-area { min-height: 80px; position: relative; } .ue67072e75f675d646e7f454173482c45 , .ue67072e75f675d646e7f454173482c45:hover , .ue67072e75f675d646e7f454173482c45:visited , .ue67072e75f675d646e7f454173482c45:active { border:0!important; } .ue67072e75f675d646e7f454173482c45 .clearfix:after { content: ""; display: table; clear: both; } .ue67072e75f675d646e7f454173482c45 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ue67072e75f675d646e7f454173482c45:active , .ue67072e75f675d646e7f454173482c45:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ue67072e75f675d646e7f454173482c45 .centered-text-area { width: 100%; position: relative ; } .ue67072e75f675d646e7f454173482c45 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ue67072e75f675d646e7f454173482c45 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ue67072e75f675d646e7f454173482c45 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ue67072e75f675d646e7f454173482c45:hover .ctaButton { background-color: #34495E!important; } .ue67072e75f675d646e7f454173482c45 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ue67072e75f675d646e7f454173482c45 .ue67072e75f675d646e7f454173482c45-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ue67072e75f675d646e7f454173482c45:after { content: ""; display: block; clear: both; } READ: Rosa Parks EssayThe signature of counsel constitutes a certificate by him that he has read the pleading: that to the best of his knowledge, information, and belief there is a good ground to support it; and that it is not interposed for delay. (Rule 7, Sec. 3) 11. When is there forum shopping? There is forum shopping whenever, as a result of an adverse opinion in one forum, a party seeks a favorable opinion (other than by appeal or certiorari) in another. The principle applies not only with respect to suits filed in the courts but also in connection with litigation commenced in the courts while an administrative proceeding is pending in order to defeat administrative proces ses and in anticipation of an unfavorable administrative ruling and a favorable court ruling. (Villainies V. Dare, G. R. No. 80863, April 1989 [172 SCRAP 8761. Forum shopping is an act Of malpractice that is proscribed and condemned as trifling with the courts and abusing their processes. It is improper conduct that tends to degrade the administration Of discrimination Of justice. (Bone, Inc. NEE G. R. No. 93924, Jan. 23, 1991 [193 SCRAP 251 01. ) In Philippine womans Christian Temperance union, Inc. V. Biretta House Of Friendship, Inc. , G. R. NO. 125571 July 22, 1998 (292 SCRAP 785), it was held that forum shopping exists where the elements of lilts vendetta are present or where a final judgment in one case will amount to re judicial in another. 12 A writ of preliminary injunction was issued by the ROTC. The defendant against whom the writ was issued went to the CA and questioned the propriety of the issuance of the writ. Then, the defendant filed a motion with the ROTC to lift the writ. Is defendants motion tenable? No. After the question of whether the writ should be annulled was elevated to the CA, the ROTC has lost jurisdiction to act on attendants motion. In tact, by filing a motion with the ROTC to lift the writ, defendant himself tried to render his petition with the CA moot and academic. In so doing, defendant showed his disrespect towards the court and is guilty of forum shopping. Outsmart Carp, v. CA, C,R_ No. 88705, June 1 1, 1992. ) 13. The rule requires that a complaint or other initiatory pleading asserting a claim for relief must be accompanied by a sworn certification may either be contained therein or annexed thereto. Suppose plaintiff failed to comply with this requirement, can he amend his complaint so as to incorporate therein the certification against forum shopping? No. Failure to comply with the requirement of certification against forum shopping is not curable by amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case. Such dismissal, however, is without prejudice unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings therein shall institute indirect contempt of court, oviduct prejudice to the corresponding administrative and criminal actions. If the acts Of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal With prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions. (Rule 7, Sec. 5. ) Please note that if the dismissal is without prejudice, the complaint may be refilled. Of course, this time, the pleader must already comply with the requirement of certification on non-forum shopping. Under SC Administrative Circulars Nos. 4-94 and 28-91 the complaint and other initiatory pleadings referred to are the original civil complaint, counterclaim, cross-claim, third (fourth, etc. )-party complaint, complaint-in-intervention, petition, or application wherein a party asserts his claim for relief. Note, however, that compulsory counterclaim does not require a certification on Nan-forum shopping. 14. Suppose the plaintiff files a complaint without a certification on non-forum shopping, may he cure the defect by submitting the required certification after the filing of the complaint? No, lack f certification on non-forum shopping is not curable by submission thereof after the filing of the complaint or initiatory pleading. (Icy v _ Land bank, C,R_ No, 136100, July 24, 200. ) Blitz, in Loyola v. .u61a51cdeb15d1d8cb993565eef423b06 , .u61a51cdeb15d1d8cb993565eef423b06 .postImageUrl , .u61a51cdeb15d1d8cb993565eef423b06 .centered-text-area { min-height: 80px; position: relative; } .u61a51cdeb15d1d8cb993565eef423b06 , .u61a51cdeb15d1d8cb993565eef423b06:hover , .u61a51cdeb15d1d8cb993565eef423b06:visited , .u61a51cdeb15d1d8cb993565eef423b06:active { border:0!important; } .u61a51cdeb15d1d8cb993565eef423b06 .clearfix:after { content: ""; display: table; clear: both; } .u61a51cdeb15d1d8cb993565eef423b06 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u61a51cdeb15d1d8cb993565eef423b06:active , .u61a51cdeb15d1d8cb993565eef423b06:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u61a51cdeb15d1d8cb993565eef423b06 .centered-text-area { width: 100%; position: relative ; } .u61a51cdeb15d1d8cb993565eef423b06 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u61a51cdeb15d1d8cb993565eef423b06 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u61a51cdeb15d1d8cb993565eef423b06 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u61a51cdeb15d1d8cb993565eef423b06:hover .ctaButton { background-color: #34495E!important; } .u61a51cdeb15d1d8cb993565eef423b06 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u61a51cdeb15d1d8cb993565eef423b06 .u61a51cdeb15d1d8cb993565eef423b06-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u61a51cdeb15d1d8cb993565eef423b06:after { content: ""; display: block; clear: both; } READ: Alcohol And Drug Abuse Among College Students EssayCA, 245 SCRAP 477 (1395), the filing of the certification on Nan-forum shopping one day after the filing of an election protest was considered substantial compliance with the requirement In Roadway Express, Inc. U. CA 264 SCRAP 696 SCRAP (1 996), the Supreme Court allowed the filing of the certification on non-forum shopping 14 days before the CA dismisses the petition for review. In Ay Landmark, Go. NO. 136100, July 24, 2000, the Court had dismissed ours petition for lack of verification and certification on non- forum shopping. It, however, reinstated the petition after Clay Submitted a motion to admit the certification on non-forum shopping. In Shipped Inc. V. CA, G. R. No. 143377, Feb.. 0, 2001, when petitioners resident manager, Balling filed the petition, there was no proof attached thereto that Balling was authorized to sign the verification was dismissed. After the dismissal, the petitioner filed a motion for reconsideration, attaching thereto a certificate issued by the board secretary hat ten days prior to the filing of the petition, Balling had been authorized to file the petition. It was pointed out that in Loyola, Roadway, and ay, there were special circumstances or compelling reasons that justified the relaxation tooth rule, In Shipped, the merits of petitioners case constitute special circumstances or compelling reasons that justify tempering the requirement to certification on Nan-forum shopping. IS, The certification on non-forum shopping contains certain Linden-takings to be performed by the party signing it, such as: if there is another action or claim pending between the same parties, he must make a omelet statement of the present status thereof; and, it he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact voting five days therefore to the court in which the complaint or initiatory pleading has been filed. Failure to comply with any of the undertakings constitute violation of the prohibition against forum shopping. What is the difference between failure to comply with the certification requirement and violation of the prohibition against forum shopping? Failure to comply with the certification requirement is merely a cause for dismissal, thou prejudice, of the complaint or the initiatory pleading; while, violation Of the prohibition against forum shopping is a ground for summary dismissal of the complaint or initiatory pleading, and it constitutes direct contempt. (the United Residents Of Dominican Hill, Inc. V. Commission on the Settlement Of Land Problems, G. R. No. 135945, March 7, 2001 16. P sued D for damages. In his answer, D pleaded a compulsory counterclaim for moral and exemplary damages by reason of the unfounded suit filed against him. P moved to dismiss the compulsory counterclaim on the ground that said counterclaim is not accompanied by a certification against forum shopping. The trial court dismissed the counterclaim. Is the dismissal correct? What is the remedy of the defendant? Answer to the First Question: no, the dismissal is not correct, The rule requiring certification against forum shopping has not been contemplated to include a compulsory counterclaim because this kind of counterclaim can only be properly pleaded in an answer. (Santos Thomas University Hospital v. Surly, G. R. No. 129718, Gag. 17, 1998 [294 SCRAP 3821; Poinciana v. Parental, G. R. No. 133284, May 9, 2000. ) Answer to the Second Question: Ordinarily, the remedy of the defendant hose counterclaim is dismissed is to appeal from the order of dismissal. This is because an order dismissing a counterclaim is a final order. However, in the problem presented, the special civil action of certiorari under Rule 65 would be an appropriate remedy because appeal would be ineffective if not futile considering that not a single piece of evidence has yet been presented. At this point, it may also be mentioned that application for search warrant does not require certification against forum shopping. (Savage v. Tapping, G. R. NO. 134217, May 11, 200. ) Also, a case pending before the Ombudsman cannot be considered or purposes Of determining forum shopping as the power Of the Ombudsman is only investigative in character and its resolution cannot constitute a valid and final judgment because its duty is to file the appropriate case before the Sandbagging. (Seville v. League, A. M. No. ART-01-1612, Gag. 14, 2001 J 17. The rule in Section 1, Rule 17 is that the Plaintiff may dismiss his complaint by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. As a general rule, such dismissal is without prejudice. Suppose P filed a complaint against D, and before service of the answer or of action tort summary judgment, P caused the dismissal of his complaint by filing a notice of dismissal. Months later, p files the same complaint against D. In the certification on non-torus shopping appended to the second complaint, p failed to mention about the prior filing and dismissal of the first 15 Ups failure to mention about the prior filing and dismissal of the first case fatal?

Success free essay sample

Ladies and Gentlemen, I give you none otherthan the one and only Nick A.! screamed the announcer into themicrophone, in a vain attempt to be heard over the eruption of cheers from theoverflowing auditorium. As I stood, brimming with pride, the noise grew to adeafening level. I walked slowly toward the podium, my grin growing with eachstep. The announcer shook my hand, the principal slapped me on the back, and as Istepped up to the podium, I looked up at a gigantic banner blazing forth mysuccess. It read: Nice Guy Builds Ramp! Well, it probablywould never happen that way. Nice Guy Builds Ramp! is not exactly acommon honor at an awards ceremony. The fact is I am, for the most part, a niceguy, and I did, in fact, build a ramp. And here is another fact: the truereward did not come from any ceremony but rather because I built it for someone Idid not even know, and it made a world of difference to her. We will write a custom essay sample on Success or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page She was an olderwoman, perhaps in her 70s. I never found out what was wrong with her, but she hada gigantic oxygen tank in her simply furnished living room, and she waswheelchair-bound. The whole business began when I participated in a summerprogram where teens from all over come together to do projects for people who aretoo old or poor to get them done. With other kids, I was assigned to build a rampfor this lady who had not been out of her house in seven years. At first Icould not believe I had been talked into going to a work camp, but I soon found Ihad never felt so good or had so much fun. My crew and I really bonded, with thiscommon goal of helping a woman who was only seeing the world from her window. Instantly, our group seemed to know each other. Lindsey was tall andathletic with really stretchy skin she could use to launch pencils from her knee,a talent she often demonstrated at lunch. Matt was a year younger and muchshorter, his crew cut not helping him much in the height department. We came tocall him the Handy Man because he was never without super-cargo pants that heldmore tools than seemed humanly possible. Michelle had great,super-precisely braided hair that looked as if it had taken hours to do. I wasreally impressed until one of the braids fell out. Oh, shoot, shesaid, and tied it back in. My whole world came crashing down when I realized thebraids were synthetic and that lots of girls wear them. As our workprogressed, we were so involved that we became impervious to the attacks ofpassersby who stopped to ask what we were doing and could not believe we wereworking for free. The big payoff came when our lady rolleddown the ramp for the first time. I will never forget her tears. For the firsttime in seven years she collected her mail herself. We all gave her a gigantichug. Still in a state of amazement, she invited us to visit anytime, claiming shehad plenty of soda. And as she thanked us over and over again, Ill admit it Iteared up. Building a ramp is not the only thing I was ever praised for. Iwon a bronze medal in the Rockland Final Fencing Tournament junior year, so Iknow what it is like to have people clapping when my name is called. But I alsoknow that building a ramp was a much greater success than any medal I could everwin. Success free essay sample â€Å"I don’t want to do it! I should just drop out!† I yelled. There are only two terms left, but I’ve got much better things I can be doing with my time. Like not being here. But I’m stuck here; doing work I don’t want to do, being more stressed than I need to be. I’m sitting at my desk, trying to do work, when my best friend comes in. Well, she used to be. But all the stress has really built up. I started smoking to try to deal with it, and she doesn’t approve. She begs me to stop, but I see no other way. So every night, I do my homework, find time for a smoke break, and continue. It’s better than dropping out, right? People should see things my way. I never get a break. I hate that she doesn’t want to talk to me anymore, but what else can I do? It’s 5-0, bottom of the seventh, your team is down, and you are coming up to bat. We will write a custom essay sample on Success or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page You have 2 options. You can give up before you even get up there, before the inning even starts, or you can go up there saying â€Å"I’m going to take the best three swings of my life† and give your team a chance at making that comeback. Whether or not you actually get a hit, and keep your team alive doesn’t matter as much as the decision that you make. To give up before your at bat, is to fail, is to not succeed. By giving up, and showing that you give up, you bring the rest of your team down with you. Even if it is not a team thing, more so an individual thing, the people around you will also be brought down in some way or another. To take that chance, see what you can do, that is to succeed, that determines whether your at bat was â€Å"successful† or not. Success means different things to different people. To some, it’s achieving something, becoming well-known, and the wealth that goes along with it. To others, it’s passing a test, a cla ss, an interview, a tryout, anything that applies. To me, success is simply not giving up. Doing your best, trying your hardest, when the only possible outcome seems like a lose-lose situation. Success is all about choice, and what a person does when it comes time for her to make that important choice. It’s about doing the right thing when she has the option of doing the wrong. Instinct tells her to give up, once the situation she is looking at is leaning towards a negative outcome. Her instinctual reaction is not always right, but sometimes what she decides to do is what is easiest. And what is easiest is not always what is best, it rarely is. It can be as simple as what you decide to do in that game, or as important as passing high school, passing college, or making a life for yourself. Whether or not you put in the effort, the time, or the will to achieve a goal determines what the outcome is. It’s just as easy to give up in either circumstance, though the result o f some of your actions can be life-changing. Success, to me, is the way you get through life, and handle the hard times. It’s about not bringing you morale down, or the morale of those around you. To not give up and always keep going, no matter what. Like my one teacher says, â€Å"Go, kid, go† and â€Å"never give up!† Success free essay sample When I was younger, I wished for a Porsche and a mansion. That was my idea of success. I vigorously took all the advanced classes possible and aced the exams with my mind set on going to an Ivy League school. I just knew that I would somehow become famous and be able to afford that car and the dream house. All the way through junior year, my mind was planning this idyllic future. Then in eleventh grade, multiple losses changed my na/Ove mindset. First, one of my friends died at age 16. Soon after, my great-grandmother passed, followed by my school’s assistant director and, on the same day, my beloved fourth-grade teacher. The devastation left me not knowing what to do or where to go. Death had never touched me so closely. After a long period of emptiness, it finally struck me: Life is not promised and neither is my future success. We will write a custom essay sample on Success or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page While I was going through the motions in an attempt to attain material success, I was not enjoying my daily life. I was just existing. It occurred to me that life has more purpose than acquiring possessions, which will only be yours until you can no longer keep up with the payments. Although I had often been told this, I finally understood. I realized that finding inner peace, purpose and happiness will stick with you forever and that is real success. Enjoying life’s precious quirks makes a person more successful than a wealthy person who is not content and takes everything for granted. The summer before senior year, my attitude changed drastically. Instead of memorizing facts, I began learning information. Instead of focusing on the future, I focused on today and the many blessings and successes that come with it. I still make excellent grades, but now I dedicate weeks to studying instead of cramming for exams, and I think about the future with a deeper sense of meaning. Success, just like beauty, is in the eye of the beholder. For me, being successful means truly living life each day, being thankful, and impacting the world.